Rules, Orders and Directions appointed by his Majeſties Commiſſioners for Executing the Act of Settlement and the Act of Explanation of the ſame, to be obſerved by all perſons concerned before them.
I ALL Adventurers, and Souldiers, and Proteſtant purchaſors in Connaught, and Clare, and other perſons claiming any Lands, or Tenements by virtue of the ſaid Act of Settlement, or of the Explanatory Act (other then perſons already adjudged or reſtored) ſhall put in their petitions or Schedules into the Regiſtry of the ſaid Commiſſioners within Thirty dayes after the date hereof, The ſaid Petitions to be under the hand and Seal of the partie claiming or under the hand and Seal of ſome Agent authorized by them, and ſigned alſo by one of the Attournies of this Court hereafter named.
II. Every one ſo claiming ſhall in their ſaid Petition or a Schedule diſtinctly expreſs what Lands they or thoſe from whom they claim were poſſeſt of upon the 7th of May 1659. with the County and Barony where the ſame do lye, and alſo the denominations of the ſaid lands and the quantity of Acres profitable and unprofitable according to the Down Survey, where the ſaid Down Survey hath4 been taken, And where the Down Survey hath not been taken, then by the Survey taken in the Earl of Straffords time, and if it be not within that Survey, then by ſome other Survey according to the directions in the ſaid Explanatory Act page the 10th, And where no Survey hath been taken, then the ſaid lands are to be deſcribed by the moſt apt and known Denominations both Engliſh and Iriſh that may be.
III. Every one Claiming as aforeſaid, ſhall likewiſe in his Petition or Schedule ſet forth what lands they have loſt or been removed from ſince the ſaid 7th of May 1659. whether by decree of the Court of Claimes or otherwiſe, and to whom the ſame is decreed, or reſtored, and what eſtate therein is decreed away, whether for life, or in remainder in Fee or for years.
IV Every one ſo claiming ſhall likewiſe in his Petition or Schedule, expreſs diſtinctly what incumbrances the land he is now poſſeſt of is lyable unto, and to whom, and when, and by what Court the ſame were allowed or decreed, and for the receiving and entring the ſaid Petitions and Schedules no Fee is to be paid unto the Regiſter.
V Every Adventurer ſhall likewiſe ſet forth the name of the original Adventurer from whom he claimes, and the ſum of money that was paid, and ſhall likewiſe diſtinguiſh what lands he had ſet forth upon the doubling Ordinance, and if the lands were ſet out promiſcuouſly with other lands, then they do expreſs what money was lent upon the ſaid doubling Ordinance.
VI. Every Souldier likewiſe to ſet forth in whoſe right, and for whoſe ſervice the land he claimeth was firſt ſet out.
VII. Every Petition and Schedule after it hath been entred, and marked by the Regiſter ſhall be tranſmitted to our Sub-commiſſioners hereafter named, who are to examine, and compare the ſame5 aſwell with the decrees formerly made (as to ſuch lands, which have been decreed away) as alſo with the Records remaining in the Surveyor Generals Office, where it ſhall be neceſſary, and to return them back into the Regiſtry with their examination, and with the ſtating of the Quit-rents due thereupon to his Majeſtie, After which the Commiſſioners will appoint convenient times for the final hearing and adjudication of the ſame.
VIII. If any Adventurer, Souldier, or Connaght purchaſor or other perſon who by the Act is to enjoy two third parts of what he was poſſeſt of the 7th of May 1659, is now poſſeſt of leſs then his due proportion, and yet ſhall deſire to take out his Certificate for what he is: now poſſeſt of, The Commiſſioners will proceed to heare his claim for ſo much as he is in poſſeſſion of, and to ſtate his deficiency for ſo much more, as ſhell by the Rules of the Act be due unto him, in order to his future reprizal and ſatisfaction.
IX. If any Adventurer or Souldier &c. have more in his poſſeſſion then his two thirds, he is to make his Election in his ſaid petition or ſchedule, of what third part he will quit, obſerving therein the Rules of the ſaid Explanatory Act page the 11th and 12th.
X. If any Adventurer, Souldier &c. having as aforeſaid more land in his poſſeſſion then his two thirds, have any deficiencies or other intereſt allowable by the ſaid Act to place upon his overplus; that he do expreſs, and mention the ſame in his petition, and if he have none now ready, he ſhall if he deſire the ſame in his petition have the preference for three months after the putting in the ſame, for placing any ſuch deficiencies, or other allowed intereſt upon the overplus now in his poſſeſſion, And if in three months he do not procure any, and give publike notice thereof to the Commiſſioners, That then the Commiſſioners will proceed to diſpoſe of the ſaid overplus to the uſes to which by the Act they are appointed, Nevertheleſs the ſaid Adventures, Souldiers &c. having overplus as aforeſaid ſhall be at their liberty to take out their certificates immediately for the two thirds they ſhall elect to keep, if they ſhall deſire ſo to do.
6XI. Adventurer, Souldier &c. who by decree of the Court of Claimes or otherwiſe have loſt any lands for life, or in remainder ſhall in their petitions make their election according to the rules mentioned in the ſaid explanatory Act page 23, and 24.
XII. Adventurer, Souldier &c. being poſſeſt of any Eſtate where the proprietor hath been decreed inoncent but left to the Law for recovery of his Eſtate, are likewiſe to make their election in their petitions if conveniently they can, or otherwiſe within three months after the firſt ſitting of the Commiſſioners at the fartheſt, whether they will ſtand the Tryall at Law, or quitt the land, and have recourſe to their proportionable ſatisfaction, according to the rules of the ſaid explanatory Act page 54, and 55.
XIII. The truſtees for the Officers who ſerved His Majeſtie or his Royall Father of Bleſſed Memory before the 5th of June 1649, ſhall forthwith deliver unto the ſaid Commiſſioners a liſt in writing containing the names of all ſuch Officers, who they conceive are to be Poſt-poned, and likewiſe of all thoſe whoſe arreares are to be retrench't by virtue of an Order made by the Lord Lieutenant and Councell bearing date the 12th day of January 1663, reducing thoſe Officers under the ſeverall titles and qualifications mentioned in the ſaid Order, to the end that due and publique notice may be given to all perſons concerned therein to ſhew cauſe (if they can) why their reſpective arreares ſhould not be retrench'd accordingly.
XIV. The ſaid Truſtees ſhall likewiſe within thirty dayes deliver unto the ſaid Commiſſioners in writing a true Accompt of the valluations of their ſecurity, as the ſame hath been return'd unto them, within the ſeverall Counties, Citties, Towns and of the Mile line, reſpectively where the ſame doth lye. And alſo of all ſuch incumbrances, and rights of Redemption as they have yet diſcovered, and which are by the ſaid Acts part of the ſecurity of the ſaid Officers.
7XV. That ſuch of the Right Reverend Fathers in God the Biſhops who by the ſaid Act of Settlement are to have augmentations in Right of their Sees do alſo within thirty dayes deliver into the Commiſſioners a ſchedule of ſuch lands as they are already poſſeſt of in Cuſtodium, or by Patent or otherwiſe in Order to their ſaid augmentations, with the yearly value of the ſame, that what is wanting may according to the rules of the ſaid Act, and of the explanatory Act be ſupplyed unto them, and the overplus (if any be) may be retrench't.
XVI. And the ſaid Right Reverend the Biſhops are deſired as ſoon as conveniently they can to certifie unto the Commiſſioners what Pariſhes within their reſpective Dioceſſes have leſs then Ten Acres of Gleabe, to the end care may be taken therein for their ſupply, in which caſe nevertheleſs Pariſhes that have been united by virtue of an Act Intituled, An Act for reall union of Pariſhes are to be eſteemed but as one Pariſh.
XVII. The 54 perſons commonly called the Nominees and mentioned in the 101 and 102 pages of the explanatory Act are deſired within thirty dayes if conveniently they can, or otherwiſe at fartheſt within two months to deliver in writing unto the Commiſſioners, the Denominations and quantity of Acres of ſuch lands, and Capitall Meſſuage or Caſtle, or ancient Seat (if any ſuch there be) which they ſhall elect to be reſtored unto, by virtue of the ſaid Clauſes relating unto them, and in whoſe poſſeſſion the ſame now are, and in what County and Barony the ſame do lye.
XVIII. Where any perſon by colour of any Decree in the late Court of Claimes hath entred upon more land then did Rightfully belong unto him, and was in his poſſeſſion the 22th of October 1641. (unleſs the land were particularly expreſt in ſome clauſe of the ſaid Act of Settlement) that he diſcover the ſame, unto the Commisſioners and ſurrender up the land ſo entred upon, within three months at the fartheſt after their firſt ſitting according to the rules, and under the penalties contained in the ſaid explanatory Act page. 50. and 51.
8XIX. Thoſe who have been reſtored to any land by virtue of his Majeſties Letters, and have not ſince had any Adjudication of innocence, are likewiſe within thirty dayes to deliver in a ſchedule to the Commiſſioners of what lands they ſo enjoy with the quantities and Denominations thereof, and if they are ſo poſſeſt of more then two thouſand Acres they are to make their election, what part they will retain, provided the ſame did rightfully belong unto them on the 22th of October 1641. And do not exceed 2000. Acres as aforeſaid, that ſo they may be proceeded with according to the rules of the Act page 107.
XX. All ſuch perſons who have been adjudged innocent Papiſts by the late Court of claimes, and have not yet taken out their Decrees, are forthwirh to apply themſelves to the taking out their ſaid Decree, ſo as the ſaid Decrees be taken out at the fartheſt within three months after the firſt ſitting of the Commiſſioners at their peril, expreſt in the Act page 51.
XXI. And whereas the Earl of Inchequin, the Earl of Clancarty; Theobald Purcell Eſq Dudley Bagnall Eſq Henry Bagnall and Katherine Corbett are particularly mentioned in the ſaid Act of Settlement to be reſtored to their former Eſtates without any previous reprizall, and yet have hitherto neglected to take out their Decrees from the Commiſſioners, whereby it cannot appear what Eſtate they were poſſeſt of in 1641, nor what ſatisfaction is or ought to be given to ſuch Adventurers or Souldiers or other perſons as have been diſpoſſeſt by their ſaid reſtitution, for which reaſons they are by name required by the explanatory Act to take out their Decrees within ſuch time as the Commiſſioners ſhall appoint, the ſaid Commiſſioners do think fit and accordingly do hereby appoint the time of two months from the date hereof ſhall be the time for the ſaid Earl of Inchequin, Earl of Clancarty, Theobald Purcell, Dudley Bagnall, Henry Bagnall, and Katherine Corbett, and alſo for Chriſtopher Eustace, and Sir. Andrew Aylmer of Dounada in the County of Kildare Knight, and Baronet (being in the ſame condition) to prove their poſſeſſion and right on the 22th of October 1641. and to take out their reſpective Decrees under the penalties mentioned in the ſaid explanatory Act page 50.
9XXII. All ſuch perſons as claim any new eſtate by virtue of any particular proviſoe in either of the ſaid Acts, or by virtue of any grant or Patent mentioned in, or confirmed by either of the ſaid Acts, are likewiſe within Thirty dayes after the date hereof to put in to the Regiſters, a Petition or ſchedule expreſſing the date of their ſaid Patents or grants, with the particulars of the lands which they claim thereby, with the Denominations and quantity of Acres as before, and the names of the perſons in whoſe poſſesſion the ſaid lands now are, as farr as they know the ſame, to the end the ſame may be proceeded upon accordingly. And thoſe who are by the Rules of the Act to part with a third, are to make their Election according to the directions page 127.
XXIII. Whereas the Earl of Clanrichard, The Counteſs Dowager of Barrimore, Sir Allexander Keith, and others mentioned in the 68 and 69 pages, and other places of the explanatory Act are to have their Arrears ſtated by the Commiſſioners, they are hereby required to be ready within thirty dayes after the date hereof, with their Accompts and certificates relating unto their ſervice, for which their Arrears are to be ſtated as aforeſaid.
XXIV. The Regiſter ſhall keep an Alphabeticall Table of all claymants or Petitioners before the ſaid Commiſſioners with the day that their Petition or ſchedule was delivered in, and the Attournies name ſigning the ſame, which Table ſhall be hung up publiquely in the Court that reference may the more ſpeedily be had upon all occaſions to the Petition.
XXV. No Petition or claim ſhall come to an Adjudication, till the name of the Claymant and the day appointed for hearing the ſame, have been publiquely ſet up in the Court, for the ſpace of fourteen dayes at the leaſt.
XXVI. No man ſhall change his Attourney after he hath retain'd him, but by motion in open Court.
10XXVII. Where ſeverall perſons do claim the ſame lands, he that firſt bringeth his claim to Tryall, ſhall give timely notice to the Attourney of the other.
XXVIII. None are to be admitted to practice in this Court as Councellors, but ſuch as are admitted in the four Courts of Dublin.
XXXIX. All Attournies of this Court are ſtrictly enjoyned to give conſtant attendance on Court dayes upon pain of forfeiture of their imployment, except in caſes of ſickneſs, or Licence by the Court.
XXX. That no Regiſter, Subcommiſſioner, Attourney or other Officer of this Court during the time he ſhall continue in this imployment do by himſelf or others to his uſe, directly or indirectly purchaſe any of the lands, or Tenements which ſhall fall under the Adjudication of the Commiſſioners by virtue of either of the ſaid Acts, in purſuance of what is required of them page the 54 of the Act of Settlement.
XXXI. As to all Caſes where the proof of the poſſesſion the 7th of May 1659, or of the poſſesſion the 22th of October 1641, is required that the ſame be made in open Court viva voce at the time of hearing, and ſo in all other caſes where witneſſes are neceſſary, except where particular Order ſhall be given to the contrary.
XXXII. Where Affidavits are neceſſary, no Councell ſhall move upon them till they are filed.
XXXIII. Where any particular Order hath been graunted in any caſe no Councell to move upon or againſt the ſaid Order without producing a Coppy thereof.
11XXXIV. The Regiſter ſhall ſet up publiquely in the Court a Table of the names of all the ſworn Officers of the Court and of their reſpective Fees.
XXXV. No perſon unleſs the Clerks belonging to the Regiſtry or other ſworn Officers of the Court ſhall come into the Office of the Regiſtry unleſs it be in preſence of one or more of the Commiſſioners.
XXXVI. Walter Welſh, Walter Scudamore, Robert Pugh, John Barbor, George Millner, Thomas Heron, John Hughes, John Brampton, John Moland, Robert Paine, George Rider, George Lambert, John Humphreyes, John Darbiſheire, William Cooper, Edward Go•wyn, Samuell Bull, John Coghlan, Skarning Philips, Lominick Dean, Samuel Moſely, are ſworn and appointed Attournies and hereby authorized to practiſe before the ſaid Commiſſioners.
XXXVII. Thomas Taylor, Thomas Syms, John Burniſton, and John Petty Gentlemen, are hereby appointed Sub-Commiſſioners.
XXXVIII. And whereas ſeverall Periods mentioned in the ſaid explanatory Act are to begin and commence from the firſt day of the ſitting of the Commiſſioners for the Execution of the ſaid Act, the firſt day of their ſitting in Execution of the ſaid Act is hereby declared to be Thurſday the fourth day of January 1665, from which day all the ſaid Periods limited as aforeſaid are to begin, and all perſons concerned therein are to take notice thereof accordingly.
12Theſe Rules, Orders, and Directions and ſuch further Rules, and Orders as ſhall hereafter be given and appointed by the ſaid Commisſioners for the better and more ſpeedy Execution of the ſaid Acts, are to be obſerved by all Councellors at Law, Attournies and Officers of the ſaid Court and all other perſons concerned therein reſpectively.
- George Philips,
- John Jeffreys.