Selected quad for the lemma: law_n
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A45975
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An act for the better execution of His Majesties gracious declaration for the settlement of his kingdome of Ireland and satisfaction of the several interests of adventurers, souldiers, and other His Majesties subjects there.; Public General Acts. 1662. 14 & 15 Car.II Session 3 c.2
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Ireland.; England and Wales. Sovereign (1660-1685 : Charles II).
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1662
(1662)
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Wing I309A; ESTC R223687
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110,568
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130
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forwardness of all the rest of their Brethren in contributing One half years full value of the profits arising of the said lands as aforesaid set out for their respective Adventures and Arrears to be paid in One year towards the Relief and Reparations of the losses of such as We shall judge have most eminently acted for and suffered with Vs And that several of the Adventurers having expressed their own willingness and confidence of the forwardness of the rest of the Adventurers to bestow upon Vs as a further evidence of that thankfulness in consideration of Our Grace and Favour in the aforesaid Settlement One other half years Rent more of full value to be paid in One other year We cannot but declare Our Acceptance of such their free and kinde offer and when a Bill shall be tendred unto Vs upon the accompt and for the ends aforesaid it shall be received by Vs as graciously as such an evidence of their affection and respect doth deserve And We do lastly declare That Protestant Plantations shall be settled Corporations created Churches erected Maintenance for Preaching Ministers provided within the limits and precincts of the land so to be settled on the Adventurers and Souldiers in such manner as by the Commissioners to be nominated and directed by Vs shall be set down Provided always That this Our Declaration shall not extend to any person or persons who have had any hand in the plotting and contriving the Surprisal of Our Castle of Dublin in the year One thousand six hundred forty one nor to any person or persons that sate as Iudges in the pretended High Court of Iustice upon the life of Our Royal Father of blessed memory or who sentenced Him or signed or sealed the Warrant for Execution or who were of the Guard of Halbertiers assisting to put the Bloody Sentence of Death in Execution upon the 30. of January One thousand six hundred forty eight Provided lastly and it is hereby declared That this Declaration or any thing therein contained shall not extend to confirm the disposition or setting out to any Adventurer Soldier or other person any of the Lands Tenements or Hereditaments belonging before the 23. of October 1641. to any City or Sea-Town Incorporated but that the same shall be and remain in Our own hands to be restored to such of the said Corporations as shall be found fit for that Our Grace and Favour and the Adventurers Souldiers or others who have any of the said Lands Tenements or Hereditaments set out unto them shall be Reprized in like manner as is provided for them in other cases by this Declaration Given at Our Court at Whitehall the 30. day of November 1660. In the Twelfth Year of Our Reign Signed CHARLES R. INSTRUCTIONS for Our right trusty and right well beloved Cousin and Counsellour Richard Earl of Cork Lord High Treasurer of Our Kingdome of Ireland Our right trusty and right well beloved Cousins and Counsellours Edward Lord Viscount Conway and Kilulta Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Kingdome Hugh Lord Viscount Montgomery of the Ardes Master of Our Ordinance in Our said Kingdome and John Lord Viscount Massereene Our right trusty and well beloved Counsellour Francis Lord Angier John Lord Kingston Richard Lord Baron of Caloony Sir James Barry Knight Lord Chief Justice of Our Court of Chief Place James Donelan Esq Lord Chief Justice of Our Court of Common Pleas John Bysse Esq Lord Chief Baron of Our Court of Exchequer Sir Henry Tichburn Knight Sir Robert Forth Knight Sir James VVare Knight Thomas Pigot Esq Master of Our Court of Wards and Liveries Col. Arthur Hill and Col. Marcus Trevor Our trusty and well beloved Sir Francis Hamilton Knight and Baronet Sir Arthur Forbes Baronet Sir Oliver St. George Knight and Baronet Sir John Cole Baronet Sir Richard Lane Baronet Sir Paul Davys Knight Sir George Lane Knight Sir John Stephens Knight Sir VVilliam Domvile Knight Our Atturney General Sir Allen Brodericke Knight Our Surveyor General Sir Audley Mervin Knight Our chief Serjeant at Law John Temple Esq Our Solicitor General Col. John Ponsonby Henry VVarren and Dudley Cooley Esqs Serjeant Major George Rawden Dr. VVilliam Petty James Cuffe and Thomas Browne Esquires Our Commissioners appointed by Us for the Execution of Our Declaration of the Thirtieth of November One thousand six hundred and sixty C. R. WHEREAS by Our said Declaration of the thirtieth of November One thousand six hundred and sixty We have made provision for the Settlement of Our Kingdome of Ireland and Satisfaction of the several Interests of Adventurers Souldiers and others Our Subjects there which we are minded to put in effectual Execution We have therefore hereby nominated you or any five or more of you whereof two of the persons following to be alwayes present viz. Our Trusty and Right well beloved Cousin and Counsellour Arthur Lord Viscount Valentia Our Vice-Treasurer and General Receiver of Our said Realm Our Trusty and well beloved Counsellour Sir James Barry James Donelan Esq and John Bysse Esq Sir James Ware Our Atturney and Solicitor General Our Commissioners for the putting in Execution the matters and things therein contained according to the Tenor of these following Instructions You are to cast up the whole Debt and Demand of the Adventurers as well those that are satisfied as those that are in part or in whole deficient as also all the forfeited Lands assigned to or for the said Adventurers according to the Survey commonly called Doctor Petty's Down Admeasurement And the said Demands and Lands you are to compare together and what the said Lands fall short of satisfying the said Adventurers according to the Rates Measures and Proportions of which all or any of the Adventurers were possessed the Seventh of May One thousand six hundred fifty nine so much of the forfeited Lands in the County of Lowth in the Province of Leinster except the Barony of Atherdee you are to set apart for satisfaction of the said Adventurers And if the said forfeited Lands shall fall short of satisfying the said Adventurers you are then to add the forfeited Lands undisposed by Our said Declaration in the County of Catherlogh And if those shall fall short then the Lands remaining undisposed of in the County of Kildare to supply all the said Adventurers deficiencies And if those Lands fall short then you are apart other forfeited Lands in some convenient place for the end aforesaid And in order to the more particular apportioning or dividing the said Lands amongst the said Adventurers and satisfying their deficiencies ascertaining their respective proportions You are to cause publick Proclamation to be made within the respective Counties Cities Baronies and places in Ireland thereby directing each Adventurer his Assignee or Assignees or his or their Agent or Agents sufficiently authorized that hath received any satisfaction in Land for his Adventure within forty dayes after such Proclamation to deliver unto you in
Service shall may or ought to receive any Clause Article Matter or Thing whatsoever in this present Act mentioned or contained to the contrary thereof notwithstanding Provided always and be it further Enacted by the Authority aforesaid That any Clause Sentence Matter or Thing in this Act or in any other Act or Acts passed or made or to be passed or made in this present Parliament contained mentioned or expressed shall not or may attaint or convict or be otherwise prejudicial unto Dudly Bagnel Esq son and Heir of Walter Bagnel late of Dunlickny in the County of Catherlogh Esq deceased nor to Henry Bagnel Brother of the said Dudly nor to Catherin Corbet alias Bagnel sister of the said Dudly nor to the Heirs or Issues lawfully begotten of the said Walter Bagnel Dudly Bagnel Henry Bagnel or Catherin Corbet alias Bagnel nor of any or either of them and that the said Dudly Bagnel Henry Bagnel and Catherin Corbet alias Bagnel and every of them and the Heirs and Assigns of every of them respectively shall have hold and enjoy their respective Estates and Interests in Law or Equity in all and every the Castles Lordships Mannors Segniories Lands Tenements Rents Reversions Remainders and Hereditaments with their and every of their apportenances which did of right belong or appertain unto the said Walter Bagnel or whereof he was seized as of his Estate of Inheritance in Vse Possession or Remainder on the Three and Twentieth day of October in the year of Our Lord one thousand six hundred Forty one or at any time after any Act or Acts Ordinance or Ordinances Matter or Matters Thing or Things done or to be done in this present Parliament or otherwise at any time since the Three and Twentieth day of October One thousand six hundred Forty one to the Damage Prejudice or Harm of the said Walter Bagnel his Heirs or Assigns to the contrary notwithstanding Provided always and be it Enacted That neither this present Act nor nor any thing therein contained do any ways prejudice or tend in any manner to alter any Right Title Interest Mortgage or Lease that Sir John Temple Master of the Rolls in this Kingdom or his late Mother the Lady Temple had in the year One thousand six hundred and forty to any Lands Tenements or Hereditaments belonging to Walter Bagnel Esq late Father of the said Dudly Bagnel lying or being within the County of Catherlogh Saving nevertheless to all and every person and persons Bodies Politick and Corporate their Heirs Executors Successors and Assigns such Right and Title either in Law or Equity and such benefit and advantage of redemption which they or any of them could or might have had either in Law or Equity as fully and amply as if the Proviso herein last before mentioned had never been had nor made any thing in the said Proviso to the contrary hereof notwithstanding Provided also That so much of the Forfeited Lands in the Towns and Lands of Lispopel Nutstown Wegestown and Cordenstown with their and every of their apurtenances situate in the Barony of Balrothery in the County of Dublin containing according to the Down Survey One thousand two hundred forty nine Acres shall be held possessed and enjoyed by George Rawden Esq his Heirs and Assigns for ever as shall amount unto a full and just satisfaction of the publick Debts due to him by Debentures for Provisions and money disbursed for the use of the Army in Ireland according to His Majesties Gracious Declaration and Instructions which principal Debt with the Interest thereof cast up according to the Rate of six pound per cent amounteth unto Two thousand three hundred twenty four pounds Ten shillings Four pence And that in case the said Lands or so much thereof as will amount unto a full satisfaction of the said sum be not forfeited or if it shall happen that so much thereof shall be restored as that the residue shall not be sufficient to satisfie him the said George Rawden that then he be satisfied and reprized for the same by some other forfeited Lands in the County of Dublin Provided that this Act or any thing therein contained shall not extend nor be construed to extend to the prejudice of any Protestant or Protestants or Innocent Papists their Innocent Executors or Administrators holding Tythes by Lease or Leases derived from the Crown for or by reason or occasion of any advantage or Forfeiture which may be taken for the Non-payment of the Rents reserved to the Crown by such Leases for the time past but that every such Protestant and Protestants and Innocent Papists their and every of their Executors and Administrators holding any of the said Tythes shall and may have hold and enjoy the said respective Tythes during the respective Terms of years thereof yet unexpired without any advantage to be taken against them or any of them for non-payment of the said Rents for the time past as if this Act had never been made Provided That this Act nor any thing therein contained shall not extend or be expounded to extend to the prejudice of Sir Robert Meredith Knight nor his Son Sir William Meredith Baronet nor their Heirs or Assigns nor any persons possessed or interested in their behalfs in the Lands Tenements or Hereditaments of Green Hills heretofore called Bishops Court near the Lissie in the County of Kildare nor any part member or parcel thereof And Be it further Enacted That all the forfeited Lands Tenements and Hereditaments set out assigned or delivered unto Sir William Petty Knight by the name of Doctor William Petty and by him possessed on the seventh day of May One Thousand Six Hundred Fifty Nine be settled upon and confirmed unto him his Heirs and Assgnes for ever any thing in this Act or in his Majesties Instructions of the Nineteenth of February One thousand six hundred and sixty to the contrary notwithstanding the same to be held according to such Tenures Rules Rents Services under such Limitations and Directions for Reprizal and otherwise as in His Majesties Declaration of the Thirtieth of November One Thousand Six Hundred and Sixty set down and expressed concerning such as were then of his Army in Ireland And whereas his Sacred Majesty having under his serious consideration the Present Settlement of this Kingdom is very desirous to confirm and inlarge the designed Bounty and Goodness of his late Royal Father of ever blessed Memory by adding to the Revenue of the Church of this Kingdome Be it therefore Enacted and Ordained by the King Our Sovereign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That all and every the Manors Lands Tenements and Rents whereof any Arch-Bishop Bishop Dean Dean and Chapter or any other Ecclesiastical person or persons whatsoever in his or their politick Capacity or any of them were actually seized or by themselves or their Tenants possessed in the year of