THE Lands in Question were the ancient Inheritance of Nicholas Lord Viscount Gormanston in Ireland , Grand-father to the present Lord Gormanston , and he and many more , having some part of their Estates in the possession of Trustees for them ; and being also under some Outlaries or Attainders , which Cases ( among many others ) could not be all so foreseen , as to be plainly enough provided for by King Charles the Second's Declaration , and the first Act of Settlement of that Kingdom confirming it , therefore there was a second Act called the Act of Explaination of the first Act of Settlement , made in the thirteenth year of King Charles the Second , wherein his Majesty expressing a particular regard for the services of Jenico Lord Gormanston , Son to the said Nicholas , by a particular Clause in the said Act , the Commissioners appointed for the execution of that , and the former Act , were directed and ordered , to restore unto the said Jenico Lord Viscount Gormanston and his Heirs , all his Lands and Tenements which had not been restored to him before , by the former Act , whereof his Father or any person in trust for him , had been in Possession ; and notwithstanding any Statute , Record , or Outlary against him , only the Heirs and Assigns of the late Earl of Mountrath , were first to be satisfied by an allotment of forfeited Lands , equal in quantity and number of profitable Acres to the said Lord Viscount's Lands , which the said Heirs or Assigns of the said Earl then had in Possession .

That the Commissioners appointed by the said Act , for the establishing and settling of the Kingdom of Ireland , did by their Decree made in January 1668 , restore the said Viscount Gormanston to the Lands in Question , having first made an allotment of such forfeited Lands to the Plantiff ( as Assignee to the said Earl of Mountrath ) as he himself then brought in the List of , and desired to have alloted to him in lieu of the Lands taken from him , and restored to the Lord Gormanston , and which were in all respects of equal value and worth , and the Plantiff did accept thereof in full satisfaction , and he and those , who claim under him , have enjoyed the same ever since .

That soon after the said restored Lands were confirmed by Patent from King Charles the second , unto the said Jenico Lord Viscount Gormanston , who afterwards intermarried with the Daughter of the Lord Viscount Mollineaux , and in Consideration of a very considerable Marriage Portion , made a Settlement of the Lands in Question upon the issue of that Marriage , with divers remainders over , and charged the same with a Rent of five hundred Pounds per annum for his Ladies Jointure , who is yet living .

That the said Lord Viscount Gormanston being since dead without Issue Male , the present Lord Gormanston his Nephew claimeth the Lands in Question , by way of Remainder ( under the aforesaid Marriage Settlement ) by virtue of which , the Lady Dowager claims also her Jointure of 500 l. per annum as a charge thereupon : And is in a great distress , and under great hardships , not having received one penny on account of her said Jointure , since the Plantiff took Possession of the Lands in Question , which is upwards of Seven Years .

That from the time of the Decree aforesaid , until such time as the late King James the Second came into Ireland ( which is about 22 Years ) the said Viscount Gormanston had quiet Possession of the Lands in Question , without any pretence or claim by the Plantiff , or any else . But in the late Revolution in Ireland , when all things were in confusion there , the Plantiff got again into Possession of these Lands so as aforesaid restored .

For the recovery of which , the present Lord Gormanston's elder Brother ( who is since dead without issue Male ) brought an Ejectment in the Court of Common-pleas in Ireland , and there had Judgment , upon which Judgment , the now Plantiff brought his Writ of Error in the Court of King's-Bench in Ireland , and there the first Judgment was affirmed ; whereupon , the Plantiff brought his Writ of Error in the Court of Kings-Bench in England , and there the Judgment was likewise affirmed by the consent of all the Judges ; notwithstanding all which Proceedings , the Plantiff is not yet satisfied , but has brought his Writ of Error on the last Judgment .

And all the pretence the Plantiff hath hitherto made for title to the Lands in Question , in this long course of Law , is no more but this , That as he pretends those Lands which were alloted to him , ( at his own desire , ) by the Commissioners by way of Reprisal , are not equal in number of profitable Acres , to the Lands in Question , which are 1400 Acres , and the profitable Acres to him allotted are but 1100 Acres , and so he wants three hundred profitable Acres more , tho' he admits they are of as good and if not better value than the 1400 taken from him , and tho' King Charles his Declaration , and the first Act of Settlement orders the Reprisal to be of equal value and worth , and in Fact and Truth , the number of forfeited Acres allotted to the Plantiff by Reprisal , amounted to more than 2000 ; but he is pleased to say no more than 1100 Acres of them are profitable , altho' they were of his own choosing , and such as he himself asked as a recompence by way of Reprisal for the Lands in Question .

Now the necessary consequence of what the Plantiff seeks by this Suit , is a total subversion of both the Acts of Settlement in Ireland , by virtue of which so many thousand Families hold all their Estates in that Kingdom , for should a gap be once opened to let in Proofs and Allegations after thirty Years time , against the Decrees of the Commissioners appointed by the Acts of Settlement , which have been all confirmed by Letters Patents from the Crown , three parts in four of all the Estates in Ireland must be in danger , and there will be such multitudes of Suits in Law there , as must impoverish the whole Kingdom , and disturb and unsettle the same .