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<DATE>2011-03-03</DATE>
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<NAME>Judith Siefring</NAME>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1">
<PB REF="2">
<PB REF="2">
<P>RULES, ORDERS, and directions, appointed by his MAJESTIES COMMISSIONERS for EXECUTING the Act of
SETTLEMENT And the Act of EXPLANATION OF the &s;ame, to be ob&s;erved by all per&s;ons concerned
before them.</P>
<P><FIGURE>
<FIGDESC>royal blazon or coat of arms</FIGDESC>
<P>HONI SOIT QVI MAL Y PENSE</P>
<P>DIEV ET MON DROIT</P>
</FIGURE></P>
<P>DUBLIN, Printed by <HI>John Crook,</HI> Printer to the Kings Mo&s;t Excellent Maje&s;tie.
1666.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="3" MS="y">
<PB N="3" REF="3">
<HEAD>Rules, Orders and Directions appointed by his Maje&s;ties Com|mi&s;&s;ioners for Executing
the Act of Settlement and the Act of Explanation of the &s;ame, to be ob&s;erved by all per&s;ons
concerned before them.</HEAD>
<P N="1">I _ALL Adventurers, and Souldiers, and Prote&s;tant purcha&s;ors in <HI>Connaught,</HI>
and <HI>Clare,</HI> and other per&s;ons claiming any Lands, or Tenements by virtue of the &s;aid
Act of Settlement, or of the Explanatory Act (other then per&s;ons already adjudged or re&s;tored)
&s;hall put in their petiti|ons or Schedules into the Regi&s;try of the &s;aid Commi&s;&s;ioners
within Thirty dayes after the date hereof, The &s;aid Petitions to be under the hand and Seal of
the partie claiming or under the hand and Seal of &s;ome Agent authorized by them, and &s;igned
al&s;o by one of the Attournies of this Court hereafter named.</P>
<P N="2">II. Every one &s;o claiming &s;hall in their &s;aid Petition or a Schedule di&s;tinctly
expre&s;s what Lands they or tho&s;e from whom they claim were po&s;&s;e&s;t of upon the 7th of
<HI>May</HI> 1659. with the County and Barony where the &s;ame do lye, and al&s;o the denominations
of the &s;aid lands and the quantity of Acres profitable and unprofitable according to the
<HI>Down</HI> Survey, where the &s;aid <HI>Down</HI> Survey hath
<PB N="4" REF="4">been taken, And where the <HI>Down</HI> Survey hath
not been taken, then by the Survey taken in the Earl of <HI>Straffords</HI> time, and if it be not
within that Survey, then by &s;ome other Survey according to the directions in the &s;aid
Explanatory Act page the 10th, And where no Survey hath been taken, then the &s;aid lands are to be
de&s;cribed by the mo&s;t apt and known Denominations both <HI>Engli&s;h</HI> and <HI>Iri&s;h</HI>
that may be.</P>
<P N="3">III. Every one Claiming as afore&s;aid, &s;hall likewi&s;e in his Petition or Schedule
&s;et forth what lands they have lo&s;t or been removed from &s;ince the &s;aid 7th of <HI>May</HI>
1659. whether by decree of the Court of Claimes or otherwi&s;e, and to whom the &s;ame is decreed,
or re|&s;tored, and what e&s;tate therein is decreed away, whether for life, or in remainder in Fee
or for years.</P>
<P N="4">IV Every one &s;o claiming &s;hall likewi&s;e in his Petition or Schedule, expre&s;s
di&s;tinctly what incumbrances the land he is now po&s;&s;e&s;t of is lyable unto, and to whom, and
when, and by what Court the &s;ame were allowed or decreed, and for the receiving and entring the
&s;aid Petitions and Schedules no Fee is to be paid unto the Re|gi&s;ter.</P>
<P N="5">V Every Adventurer &s;hall likewi&s;e &s;et forth the name of the origi|nal Adventurer
from whom he claimes, and the &s;um of money that was paid, and &s;hall likewi&s;e di&s;tingui&s;h
what lands he had &s;et forth upon the doubling Ordinance, and if the lands were &s;et out
pro|mi&s;cuou&s;ly with other lands, then they do expre&s;s what money was lent upon the &s;aid
doubling Ordinance.</P>
<P N="6">VI. Every Souldier likewi&s;e to &s;et forth in who&s;e right, and for who&s;e &s;ervice
the land he claimeth was fir&s;t &s;et out.</P>
<P N="7">VII. Every Petition and Schedule after it hath been entred, and marked by the Regi&s;ter
&s;hall be tran&s;mitted to our Sub-commi&s;&s;io|ners hereafter named, who are to examine, and
compare the &s;ame
<PB N="5" REF="4">a&s;well with the decrees formerly made (as to
&s;uch lands, which have been decreed away) as al&s;o with the Records remaining in the Surveyor
Generals Office, where it &s;hall be nece&s;&s;ary, and to return them back into the Regi&s;try
with their examination, and with the &s;tating of the Quit-rents due thereupon to his Maje&s;tie,
After which the Commi&s;&s;ioners will appoint convenient times for the final hearing and
adjudication of the &s;ame.</P>
<P N="8">VIII. If any Adventurer, Souldier, or <HI>Connaght</HI> purcha&s;or or other per&s;on who
by the Act is to enjoy two third parts of what he was po&s;&s;e&s;t of the 7th of <HI>May</HI>
1659, is now po&s;&s;e&s;t of le&s;s then his due proportion, and yet &s;hall de&s;ire to take out
his Certificate for what he is: now po&s;&s;e&s;t of, The Commi&s;&s;ioners will proceed to heare
his claim for &s;o much as he is in po&s;&s;e&s;&s;ion of, and to &s;tate his deficiency for &s;o
much more, as &s;hell by the Rules of the Act be due unto him, in order to his future reprizal and
&s;atisfaction.</P>
<P N="9">IX. If any Adventurer or Souldier &amp;c. have more in his po&s;&s;e&s;&s;ion then his two
thirds, he is to make his Election in his &s;aid petition or &s;chedule, of what third part he will
quit, ob&s;erving therein the Rules of the &s;aid Explanatory Act page the 11th and 12th.</P>
<P N="10">X. If any Adventurer, Souldier &amp;c. having as afore&s;aid more land in his
po&s;&s;e&s;&s;ion then his two thirds, have any deficiencies or other intere&s;t allowable by the
&s;aid Act to place upon his overplus; that he do expre&s;s, and mention the &s;ame in his
petition, and if he have none now ready, he &s;hall if he de&s;ire the &s;ame in his petition have
the preference for three months after the putting in the &s;ame, for placing any &s;uch
deficiencies, or other allowed intere&s;t upon the overplus now in his po&s;&s;e&s;&s;ion, And if
in three months he do not procure any, and give publike notice thereof to the Commi&s;&s;ioners,
That then the Commi&s;&s;ioners will proceed to di&s;po&s;e of the &s;aid overplus to the u&s;es to
which by the Act they are appointed, Neverthele&s;s the &s;aid Adventures, Souldiers &amp;c. having
overplus as afore&s;aid &s;hall be at their liberty to take out their certificates immediately for
the two thirds they &s;hall elect to keep, if they &s;hall de&s;ire &s;o to do.</P>
<PB N="6" REF="5">
<P N="11">XI. Adventurer, Souldier &amp;c. who by decree of the Court of Claimes or otherwi&s;e
have lo&s;t any lands for life, or in remainder &s;hall in their petitions make their election
according to the rules mentioned in the &s;aid explanatory Act page 23, and 24.</P>
<P N="12">XII. Adventurer, Souldier &amp;c. being po&s;&s;e&s;t of any E&s;tate where the
proprietor hath been decreed inoncent but left to the Law for recovery of his E&s;tate, are
likewi&s;e to make their election in their petitions if conveniently they can, or otherwi&s;e
within three months after the fir&s;t &s;itting of the Commi&s;&s;ioners at the farthe&s;t, whether
they will &s;tand the Tryall at Law, or quitt the land, and have recour&s;e to their proportionable
&s;atisfaction, according to the rules of the &s;aid explanatory Act page 54, and 55.</P>
<P N="13">XIII. The tru&s;tees for the Officers who &s;erved His Maje&s;tie or his Royall Father of
Ble&s;&s;ed Memory before the 5th of <HI>June</HI> 1649, &s;hall forthwith deliver unto the &s;aid
Commi&s;&s;ioners a li&s;t in writing containing the names of all &s;uch Officers, who they
con|ceive are to be Po&s;t-poned, and likewi&s;e of all tho&s;e who&s;e ar|reares are to be
retrench't by virtue of an Order made by the Lord Lieutenant and Councell bearing date the 12th day
of <HI>Janu|ary</HI> 1663, reducing tho&s;e Officers under the &s;everall titles and qualifications
mentioned in the &s;aid Order, to the end that due and publique notice may be given to all
per&s;ons concerned therein to &s;hew cau&s;e (if they can) why their re&s;pective arreares
&s;hould not be retrench'd accordingly.</P>
<P N="14">XIV. The &s;aid Tru&s;tees &s;hall likewi&s;e within thirty dayes deliver unto the &s;aid
Commi&s;&s;ioners in writing a true Accompt of the valluati|ons of their &s;ecurity, as the &s;ame
hath been return'd unto them, within the &s;everall Counties, Citties, Towns and of the <HI>Mile
line,</HI> re&s;pectively where the &s;ame doth lye. And al&s;o of all &s;uch in|cumbrances, and
rights of Redemption as they have yet di&s;cove|red, and which are by the &s;aid Acts part of the
&s;ecurity of the &s;aid Officers.</P>
<PB N="7" REF="5">
<P N="15">XV. That &s;uch of the Right Reverend Fathers in God the Bi&s;hops who by the &s;aid Act
of Settlement are to have augmentations in Right of their Sees do al&s;o within thirty dayes
deliver into the Commi&s;&s;ioners a &s;chedule of &s;uch lands as they are already po&s;&s;e&s;t
of in <HI>Cu&s;todium,</HI> or by Patent or otherwi&s;e in Order to their &s;aid augmentations,
with the yearly value of the &s;ame, that what is wanting may according to the rules of the &s;aid
Act, and of the explanatory Act be &s;upplyed unto them, and the overplus (if any be) may be
retrench't.</P>
<P N="16">XVI. And the &s;aid Right Reverend the Bi&s;hops are de&s;ired as &s;oon as conveniently
they can to certifie unto the Commi&s;&s;ioners what Pari&s;hes within their re&s;pective
Dioce&s;&s;es have le&s;s then Ten Acres of Gleabe, to the end care may be taken therein for their
&s;upply, in which ca&s;e neverthele&s;s Pari&s;hes that have been united by virtue of an Act
Intituled, <HI>An Act for reall union of Pari&s;hes</HI> are to be e&s;teemed but as one
Pari&s;h.</P>
<P N="17">XVII. The 54 per&s;ons commonly called the Nominees and mentioned in the 101 and 102
pages of the explanatory Act are de&s;ired with|in thirty dayes if conveniently they can, or
otherwi&s;e at farthe&s;t within two months to deliver in writing unto the Commi&s;&s;ioners, the
Denominations and quantity of Acres of &s;uch lands, and Capitall Me&s;&s;uage or Ca&s;tle, or
ancient Seat (if any &s;uch there be) which they &s;hall elect to be re&s;tored unto, by virtue of
the &s;aid Clau&s;es relating unto them, and in who&s;e po&s;&s;e&s;&s;ion the &s;ame now are, and
in what County and Barony the &s;ame do lye.</P>
<P N="18">XVIII. Where any per&s;on by colour of any Decree in the late Court of Claimes hath
entred upon more land then did Rightfully be|long unto him, and was in his po&s;&s;e&s;&s;ion the
22th of <HI>October</HI> 1641. (unle&s;s the land were particularly expre&s;t in &s;ome clau&s;e of
the &s;aid Act of Settlement) that he di&s;cover the &s;ame, unto the Commis&s;ioners and
&s;urrender up the land &s;o entred upon, within three months at the farthe&s;t after their fir&s;t
&s;itting according to the rules, and under the penalties contained in the &s;aid explanatory Act
page. 50. and 51.</P>
<PB N="8" REF="6" MS="y">
<P N="19">XIX. Tho&s;e who have been re&s;tored to any land by virtue of his Maje&s;ties Letters,
and have not &s;ince had any Adjudication of in|nocence, are likewi&s;e within thirty dayes to
deliver in a &s;chedule to the Commi&s;&s;ioners of what lands they &s;o enjoy with the quan|tities
and Denominations thereof, and if they are &s;o po&s;&s;e&s;t of more then two thou&s;and Acres
they are to make their election, what part they will retain, provided the &s;ame did rightfully
belong unto them on the 22th of <HI>October</HI> 1641. And do not exceed 2000. Acres as
afore&s;aid, that &s;o they may be proceeded with according to the rules of the Act page 107.</P>
<P N="20">XX. All &s;uch per&s;ons who have been adjudged innocent Papi&s;ts by the late Court of
claimes, and have not yet taken out their Decrees, are forthwirh to apply them&s;elves to the
taking out their &s;aid De|cree, &s;o as the &s;aid Decrees be taken out at the farthe&s;t within
three months after the fir&s;t &s;itting of the Commi&s;&s;ioners at their peril, expre&s;t in the
Act page 51.</P>
<P N="21">XXI. And whereas the Earl of <HI>Inchequin,</HI> the Earl of <HI>Clancarty; Theo|bald
Purcell</HI><ABBR>E&s;q</ABBR><HI>Dudley Bagnall</HI><ABBR>E&s;q</ABBR><HI>Henry Bagnall</HI> and
<HI>Katherine Corbett</HI> are particularly mentioned in the &s;aid Act of Settlement to be
re&s;tored to their former E&s;tates without any previous repri|zall, and yet have hitherto
neglected to take out their Decrees from the Commi&s;&s;ioners, whereby it cannot appear what
E&s;tate they were po&s;&s;e&s;t of in 1641, nor what &s;atisfaction is or ought to be given to
&s;uch Adventurers or Souldiers or other per&s;ons as have been di&s;po&s;&s;e&s;t by their &s;aid
re&s;titution, for which rea&s;ons they are by name required by the explanatory Act to take out
their Decrees within &s;uch time as the Commi&s;&s;ioners &s;hall appoint, the &s;aid
Com|mi&s;&s;ioners do think fit and accordingly do hereby appoint the time of two months from the
date hereof &s;hall be the time for the &s;aid Earl of <HI>Inchequin,</HI> Earl of <HI>Clancarty,
Theobald Purcell, Dudley Bagnall, Henry Bagnall,</HI> and <HI>Katherine Corbett,</HI> and al&s;o
for <HI>Chri&s;topher Eustace,</HI> and Sir. <HI>Andrew Aylmer</HI> of <HI>Dounada</HI> in the
County of <HI>Kildare</HI> Knight, and Baronet (being in the &s;ame con|dition) to prove their
po&s;&s;e&s;&s;ion and right on the 22th of <HI>October</HI> 1641. and to take out their
re&s;pective Decrees under the penalties mentioned in the &s;aid explanatory Act page 50.</P>
<PB N="9" REF="6" MS="y">
<P N="22">XXII. All &s;uch per&s;ons as claim any new e&s;tate by virtue of any parti|cular
provi&s;oe in either of the &s;aid Acts, or by virtue of any grant or Patent mentioned in, or
confirmed by either of the &s;aid Acts, are likewi&s;e within Thirty dayes after the date hereof to
put in to the Regi&s;ters, a Petition or &s;chedule expre&s;&s;ing the date of their &s;aid 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 per&s;ons in who&s;e po&s;&s;es|&s;ion the &s;aid
lands now are, as farr as they know the &s;ame, to the end the &s;ame may be proceeded upon
accordingly. And tho&s;e who are by the Rules of the Act to part with a third, are to make their
Election according to the directions page 127.</P>
<P N="23">XXIII. Whereas the Earl of <HI>Clanrichard,</HI> The Counte&s;s <HI>Dowager</HI> of
<HI>Barrimore,</HI> Sir <HI>Allexander Keith,</HI> and others mentioned in the 68 and 69 pages, and
other places of the explanatory Act are to have their Arrears &s;tated by the Commi&s;&s;ioners,
they are hereby required to be ready within thirty dayes after the date hereof, with their Accompts
and certificates relating unto their &s;ervice, for which their Arrears are to be &s;tated as
afore&s;aid.</P>
<P N="24">XXIV. The Regi&s;ter &s;hall keep an Alphabeticall Table of all claymants or Petitioners
before the &s;aid Commi&s;&s;ioners with the day that their Petition or &s;chedule was delivered
in, and the Attournies name &s;igning the &s;ame, which Table &s;hall be hung up publiquely in the
Court that reference may the more &s;peedily be had upon all occa&s;ions to the Petition.</P>
<P N="25">XXV. No Petition or claim &s;hall come to an Adjudication, till the name of the Claymant
and the day appointed for hearing the &s;ame, have been publiquely &s;et up in the Court, for the
&s;pace of fourteen dayes at the lea&s;t.</P>
<P N="26">XXVI. No man &s;hall change his Attourney after he hath retain'd him, but by motion in
open Court.</P>
<PB N="10" REF="7">
<P N="27">XXVII. Where &s;everall per&s;ons do claim the &s;ame lands, he that fir&s;t bring|eth
his claim to Tryall, &s;hall give timely notice to the Attourney of the other.</P>
<P N="28">XXVIII. None are to be admitted to practice in this Court as Councellors, but &s;uch as
are admitted in the four Courts of <HI>Dublin.</HI></P>
<P N="39">XXXIX. All Attournies of this Court are &s;trictly enjoyned to give con|&s;tant
attendance on Court dayes upon pain of forfeiture of their imployment, except in ca&s;es of
&s;ickne&s;s, or Licence by the Court.</P>
<P N="30">XXX. That no Regi&s;ter, Subcommi&s;&s;ioner, Attourney or other Officer of this Court
during the time he &s;hall continue in this imployment do by him&s;elf or others to his u&s;e,
directly or indirectly purcha&s;e any of the lands, or Tenements which &s;hall fall under the
Adjudi|cation of the Commi&s;&s;ioners by virtue of either of the &s;aid Acts, in pur&s;uance of
what is required of them page the 54 of the Act of Settlement.</P>
<P N="31">XXXI. As to all Ca&s;es where the proof of the po&s;&s;es&s;ion the 7th of <HI>May</HI>
1659, or of the po&s;&s;es&s;ion the 22th of <HI>October</HI> 1641, is requi|red that the &s;ame be
made in open Court <HI>viva voce</HI> at the time of hearing, and &s;o in all other ca&s;es where
witne&s;&s;es are nece&s;&s;ary, except where particular Order &s;hall be given to the
contrary.</P>
<P N="32">XXXII. Where Affidavits are nece&s;&s;ary, no Councell &s;hall move upon them till they
are filed.</P>
<P N="33">XXXIII. Where any particular Order hath been graunted in any ca&s;e no Councell to move
upon or again&s;t the &s;aid Order without produ|cing a Coppy thereof.</P>
<PB N="11" REF="7">
<P N="34">XXXIV. The Regi&s;ter &s;hall &s;et up publiquely in the Court a Table of the names of
all the &s;worn Officers of the Court and of their re&s;|pective Fees.</P>
<P N="35">XXXV. No per&s;on unle&s;s the Clerks belonging to the Regi&s;try or other &s;worn
Officers of the Court &s;hall come into the Office of the Regi&s;try unle&s;s it be in pre&s;ence
of one or more of the Com|mi&s;&s;ioners.</P>
<P N="36">XXXVI. <HI>Walter Wel&s;h, 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 Darbi&s;heire, William Cooper, Edward Go<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">wyn, Samuell Bull, John Coghlan,
Skarning Philips, Lominick Dean, Samuel Mo&s;ely,</HI> are &s;worn and appointed Attournies and
hereby authorized to practi&s;e before the &s;aid Commi&s;&s;ioners.</P>
<P N="37">XXXVII. <HI>Thomas Taylor, Thomas Syms, John Burni&s;ton,</HI> and <HI>John Petty</HI>
Gentlemen, are hereby appointed Sub-Commi&s;&s;ioners.</P>
<P N="38">XXXVIII. And whereas &s;everall Periods mentioned in the &s;aid explana|tory Act are to
begin and commence from the fir&s;t day of the &s;itting of the Commi&s;&s;ioners for the Execution
of the &s;aid Act, the fir&s;t day of their &s;itting in Execution of the &s;aid Act is hereby
declared to be Thur&s;day the fourth day of <HI>January</HI> 1665, from which day all the &s;aid
Periods limited as afore&s;aid are to begin, and all per&s;ons concerned therein are to take notice
thereof accordingly.</P>
<PB N="12" REF="8">
<P>The&s;e Rules, Orders, and Directions and &s;uch further Rules, and Orders as &s;hall hereafter
be given and appointed by the &s;aid Commis&s;ioners for the better and more &s;peedy Execution of
the &s;aid Acts, are to be ob&s;erved by all Councellors at Law, Attournies and Officers of the
&s;aid Court and all other per&s;ons concerned therein re&s;pectively.</P>
<CLOSER><DATELINE>Dated at the Kings Inns <HI>Dublin</HI>
<DATE><HI>January</HI> 5, 1665</DATE></DATELINE>
<SIGNED>Signed and publi&s;hed by Order of His Maje&s;ties Commi&s;&s;ioners.
<LIST>
<ITEM><HI>George Philips,</HI></ITEM>
<ITEM><HI>John Jeffreys.</HI></ITEM>
</LIST></SIGNED></CLOSER>
<TRAILER>FINIS.</TRAILER>
<PB REF="8">
<PB REF="9">
<PB REF="9" MS="y">
<PB REF="10" MS="y">
<PB REF="10" MS="y">
<PB REF="11" MS="y">
<PB REF="11" MS="y">
<PB REF="12" MS="y">
<PB REF="12" MS="y">
<PB REF="13" MS="y">
<PB REF="13" MS="y">
<PB REF="14" MS="y">
<PB REF="14" MS="y">
<PB REF="15" MS="y">
<PB REF="15" MS="y">
<PB REF="16" MS="y">
<PB REF="16" MS="y">
<PB REF="17" MS="y">
<PB REF="17" MS="y">
<PB REF="18" MS="y">
<PB REF="18">
<PB REF="19">
<PB REF="19" MS="y">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
