THE CASE OF THE Lord Viscount Gormanston, in a Writ of Error, depending between Richard coat Esq;, plaintiff, and John Lynch, Defendant.  
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 outlawries or Attainders, which Cases( among many others) could not be all so foreseen, as to be plainly enough provided for by King Charles the seconds 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 plaintiff( as Assignee to the said Earl of Mountrath) as he himself then brought in the List of, and desired to have allotted 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 plaintiff 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 plaintiff 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 plaintiff, or any else. But in the late Revolution in Ireland, when all things were in confusion there, the plaintiff 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 judgement, upon which judgement, the now plaintiff brought his Writ of Error in the Court of King's-Bench in Ireland, and there the first judgement was affirmed; whereupon, the plaintiff brought his Writ of Error in the Court of Kings-Bench in England, and there the judgement was likewise affirmed by the consent of all the Judges; notwithstanding all which Proceedings, the plaintiff is not yet satisfied, but has brought his Writ of Error on the last judgement.  
And all the pretence the plaintiff 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 allotted 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 plaintiff 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 recompense by way of Reprisal for the Lands in Question.  
Now the necessary consequence of what the plaintiff seeks by this svit, 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.