Crown Lands (Forfeited Estates) Act 1698

VII. Trustees to take Oaths appointed by 1 W. & M. c. 8. § 12. and Oath herein mentioned.

Provided alsoe, and be it enacted by the Authority aforesaid That no Person herein before nominated a Trustee shall be capable of acting in such Trust, before he shall take the Oaths appointed by an Act made in the First Yeare of the Reigne of His present Majesty and the said late Queene, intituled An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths; and alsoe one other Oath in the Forme, or to the Effect following (that is to say)

I A. B. do sweare, that I will faithfully, and impartially, according to the best of my Skill and Knowledge, execute the Trust reposed in me by an Act of Parliament made in England in the Eleaventh Yeare of His Majesties Reigne, intituled An Act for granting an Aid to His Majesty, by Sale of the forfeited and other Estates, and Interests in Ireland; and by a Land Tax in England, for the severall Purposes therein menc[i]oned: And will likewise according to the best of my Skill and Knowledge faithfully and impartially execute all and every the Powers and Authorities in the said Act, so farr as they relate to me, as one of the Trustees therein named without Favour or Affeccion, Prejudice or Malice: And that I will not directly or indirectly, receive or take any Fee or Reward for any thing whatsoever to be done in execuc[i]on of the said Act (except only what shall be granted or allowed me by the said Act, or by any other [X1 Act of ] Parliament of England:] And that I will not in my owne Name or in the Name of any Person or Persons in Trust for me, Purchase of or from the said Trustees, or any of them, any Lands Tenements or Hereditaments, or any Reall or Personall Estate whatsoever vested by the said Act in the said Trustees, for the Purpose therein expressed: And that I will not directly or indirectly have any Part, Share, or Interest, or make any Benefitt by any Discovery of any forfeited Estate or Interest, which shall be made in pursuance of this Act.

So help me God.

The said Oaths to be administered by any Two or more of the Trustees. The Trustees to appoint Registers, Clerks, &c., and Salaries, Fees, &c; The said Registers, &c. to take an Oath herein mentioned; Seven Trustees may meet and act at such Places in Ireland as they shall think fit; and may send for Persons, Writings, &c. in Ireland, without Fee; and may administer Oath; Sheriffs, &c. to obey their Orders; Seven Trustees may proceed summarily, by Examinations on Oath, &c; and are to inform themselves of Names of Persons convicted, &c; and of Estates forfeited; and of Incumbrances on such Estates; Persons neglecting, &c. to appear, &c. committed; Officers not obeying; Penalty.

Which Oaths hereby prescribed, shall and may be administred by any Two or more of the said Trustees, to any other of the said Trustees, and Memorialls thereof shall be entred and registred in the Books hereby appointed to be kept for entring and registring the Acts and Proceedings of the said Trustees; and the said Trustees, or any Seaven or more of them, are hereby authorized to appoint, and imploy such Persons whom they shall think proper, to be, during the Pleasure of the said Trustees, or any Seaven, or more of them, Registers, Clerks, Surveyors, Messengers, or other necessary Officers for their Assistance in the Execution of this Act: Which Registers, Clerks, Surveyors, Messengers, and Officers, are hereby required faithfully to execute and performe the Trust in them respectively reposed, without takeing any thing for such their Service, (other than such Fees, Salary, or Reward as the said Trustees, or any Seaven or more of them shall think fitt to direct and appoint in that behalfe;) and every such Register, Clerke, Surveyor, Messenger, and Officer before he enteres upon the Execution of his Imployment, shall take an Oath before the said Trustees, or any Two or more of them (which Oath they or any Two or more of them, are hereby authorized to administer) for his true and faithfull Demeanor in all things relateing to the Trust in him reposed by the said Trustees; and that he will not purchase directly or indirectly in his owne Name, or in any others in Trust for him, any Part of the Premisses herein before vested in the said Trustees; nor directly or indirectly have any Part, Share, or Interest, or make any Benefitt by any Discovery of any forfeited Estate or Interest, which shall be made in pursuance of this Act. And for the better Execution of this Act, the said Trustees, or any Seaven or more of them, shall and may meet and act from time to time, with or without Adjournment, and at such Place or Places within the said Realme of Ireland, as they or any Seaven or more of them shall think fitt and convenient; and shall and may send their Precept or Precepts for any Person or Persons whatsoever within the said Realme of Ireland, and for all such Books Papers, Writings, and Records, (without any Fee or Reward to be paid for the same) as they shall think necessary for their Information in any thing relateing to this Act; and shall and may detaine in their Custody such Books, Papers, Writings, and Records soe long as they shall have Occasion for the same, and then returne the same to such Persons to whom they respectively belong; and shall and may administer Oaths for the better Discovery of the Truth of the Inquiries by them to be made, to any Person or Persons therein concerned, or to any other Person or Persons whatsoever. And all Sheriffs, Bayliffs, Constables, and other His Majesties Officers, are hereby required to obey and execute such Orders and Precepts as shall be sent to them, or any of them, by the said Trustees, or any Seaven or more, of them; And the said Trustees, or any Seaven or more of them, are hereby impowered, and shall and may summarily, and without the Formalities of Proceedings in Courts of Law or Equity, proceed, act and determine by and upon the Testimony of Witnesses, upon Oath, Examination of Parties interested upon their Oaths, Inspection and Examination of Deeds, Writings and Records, or by all or any of the said Waies, or otherwise according to their Discretions: And the said Trustees, or any Seaven or more of them, are hereby impowered and required by any such Waies and Meanes, as aforesaid as soone as conveniently may be, to inquire and informe themselves, and to make a Registry in Books, which they shall provide for that purpose, of the Names of all such Persons convicted or attainted, or who-shall be convicted or attainted as aforesaid, and of all Reall and Personall Estates and Interests by this Act vested in the said Trustees, and by whom any such Estate or Estates was or were respectively forfeited or forfeitable, and of what Estate or Interest every such Person convicted or attainted, or who shall be convicted or attainted as aforesaid, had in any of the said Premisses, on the said Thirteenth Day of February, One thousand six hundred eighty eight, or at any time afterwards, and of all Incumbrances whatsoever, to which any of the said forfeited or forfeitable Estates, or other the Estate and Premisses were liable or subject, before and upon the said Thirteenth Day of February, One thousand six hundred eighty eight; and in case any X2 Person or Persons summoned to appeare before the said Trustees, for Discovery of the Premisses shall neglect or refuse to appeare, or be examined as aforesaid then it shall and may be lawfull to and for the said Trustees, or any Seven or more of them, to committ the Person or Persons so neglecting or refuseing as aforesaid to the Common Goal of the County, there to remaine without Bail or Mainprize, untill such Person or Persons shall conforme themselves and submitt to be examined as aforesaid: And if any Officer or Officers shall neglect or refuse to give Obedience to the Precepts and Orders of the said Trustees, or any Seaven or more of them, for the due Execution of this Act, then and in such case it shall and may be lawfull to and for the said Trustees, or any Seven or more of them, to impose any Fine upon such Officer or Officers, not exceeding Forty Pounds for any one Offence.

Editorial Information

X1 interlined on the Roll.

X2 Variant reading of the text noted in The Statutes of the Realm as follows: any O. [O. refers to a collection in the library of Trinity College, Cambridge]