Montgomery manuscripts

264
The Montgomery Manuscripts.
man.) 1 * He was one of the four Clerks of the Council, and brought on the cause in his quarter's time of
attendance, which was then begunn. And (to make the story short) a full Councel mett on the
day appointed, for that and other causes; at which the K. and Chancellor Hide, 20 the Lords
Berkley 21 and Ormond, were present, and those whom his Grace had made friends to our orphant
Earle.
Winter, 1664, now came on, and the bill for the Explanatory Act yet under debate. I stayd
till it was concluded, and the clause incerted for a reprize in behalf of the orphant Earle, for which
there was an order obtained from the King. 22
gal, in quality of Envoy Extraordinary. After, with the like character,
to the Governor of Flanders, the Conde de Montery, in 1672. And
with the same commission to the Elector of Brandenburgh at Berlin
in 1680, attending in his way, the Prince of Orange at the Hague, by
whose council that negotiation was to be directed. After his return
he retired from public business, living at King's Weston, till King
William was advanced to the throne. He was then by his Majesty
made principal Secretary of State for Ireland, and attended him in
his expedition in 1690 for the reduction of that kingdom, holding the
said office until his death. He had served in three parliaments, and
was five times chosen President of the Royal Society. He died at
King's Weston, the nth day of September, 1702, aged 66 years."
— Lodge's Peerage of Ireland, edited by Archdall, vol vi.,
p. II. Sir Robert Southwell owned landed property at
Downpatrick, where his son, Edward Southwell, founded
an important charity for the poor children on his estate.
I n 1735, he contributed largely for the rebuilding the
church there ; and in honour of his liberality in assisting
to improve the port of Downpatrick, the town authorities
named the quay King's Weston. — Harris, Aiitienl and
Present State of the County of Down, pp. 31, 33, 38.
x 9 My kinsman. — II. Percival is a misprint for J.
Percival. This sir John Percival was married on the 14th
of February, 1665, to Catherine, daughter of Robert
Southwell of Kinsale, and sister to sir Robert Southwell
mentioned in the text. Sir John Percival's eldest daughter,
Catherine, married, as her second husband, John Mont-
gomery of Ballyleck, in the county of Monaghan, de-
scended from the Braidstane branch, and consequently a
relative of the author, William Montgomery. Through
this marriage connexion, it must be, that the latter speaks
of sir John Percival as his " kinsman."
=° Chancellor Hide. — The well-known Edward Hyde,
created earl of Clarendon.
21 Berkley. — This nobleman, originally known as sir
John Berkeley, was created baron Berkeley of Stratton in
1658, and subsequently filled several high offices of state.
In 1670, he was appointed lord lieutenant of Ireland, and
in 1674 he was sent as ambassador to France.
32 Obtained from the king.— The following is the clause
in the Act of Explanation, 17 and 18 Charles II., to
which the author refers : —
"CLXVI. And whereas in and by the said former act, the mannor,
castle, town and lands of St. Woolstownes, alias Allen's Court, were
intended to be settled upon Hugh, earl of Mount-Alexander, and his
heirs, with benefit of reprizal in case of restitution, as adventurers
by the said former Act ought to have had, as in and by the said
former Act more at large appears ; since which time the commis-
sioners for execution of the said former Act have, by their decree,
adjudged James Allen to be innocent, and restored the said lands to
the said James Allen and his heirs, against which decree an appeal
was made to his Majestie by a petition exhibited by William Mont-
gomery, Esq., on the behalf of the now Earl of Mount-Alexander
an infant, son and heir of Hugh, late Earl of Mount-Alexander ; on
hearing of which case, and on the defence made by Colonel Richard
Talbot, to whom part of the lands restored by said decree were for
good and valuable considerations, and by sufficient assurances in
law, legally conveyed by the said James Allen, his Majestie thought
not fit to alter the said decree, or weaken any of the said assurances ;
his Majestie, therefore, is graciously pleased, that it may be enacted,
and be it enacted by the authority aforesaid, That the commissioners
for the execution of this Act shall set out and allot, or cause to be set
out and allotted, unto the now Earl of Mount-Alexander, his heirs
and assignes, so much other undisposed forfeited lands as may be
equal in quantity of acres unto two full third parts of the lands so
evicted and recovered by decree, as aforesaid ; and that letters patents
shall be thereof passed in like manner, and shall be of like effect, as
any other letters patents granted by virtue of this Act are or ought
to be." — Irish Statutes, vol hi., p. 99.
In pursuance of this clause, a petition was presented to
the Court of Claims, in the name of the youthful earl, for a
reprisal for the loss sustained by his father when Allen
recovered St. Wolstan's by a decree of innocence. A
certificate for reprisal was obtained on the 2nd of January,
1 668-9, * ne commissioners present being sir Edward
Smythe, knight; sir Edward Dering, knight; sir Allan
Brodrick, knight; sir Winston Churchill, knight; and
Edward Cooke, esq. The following is a copy of the
certificate : —
" Whereas, upon hearing the claims of the R l HonWe Hugh, Earl
of Mount-Alexander, before this Court, in pursuance of a certain
clause in p. 111 and 112 of the sd Explanatory Act, &c. [Here the
clause is recited.] Upon hearing of which petition, and upon the
proofs, testimonies, and evidences therein produced before us,
H. M' 5 . sd Comm rs . It appeared unto this Court that the said Earl
of Mount-Alexander was deficient the full number of acres to make
up his Reprize for two full third parts of the Lands so, as afrd,
evicted and recovd from him by Decree of H. M' s . s d late Comm rs .
And whereas, it appeared unto this Court, that the Lands, VTen ts , &
Heredi ts hereafter mentioned, were lands, ten ts , and heredi ts seized,
seques td , disposed, demised, set out, or set apart, by reason of the
late Horrid Rebellion or Warr which began or broke out on the 23rd
October, 1641. ai.d thereby forfeitd to, and vested in, H. M., to the
intents and uses in and by the sd Acts rent d limited and appointed,
and were adjudged unto the Common Stock of Reprisals. It was,
thereupon, several days upon the Distribution of the sd Stock of
Reprisals, in the 20 th year of the reign of our s J Lord King Charles
the 2nd ( Adjudged and Decreed by this Court, that the sd Earl of
M l Alexander was deficient the full number of 6823 A., and that the
s d Earl is, by the sd Acts of Pari 1 , lawfully entitled unto the lands
and tenements hereafter ment fJ . That is to say — [The Certificate
here recites the denominational names of all the lands assigned
to the Earl of Mount-Alexander for the loss of St. Wolstan's. The
lands comprised 5,377a. 3r. 28p., statute measure, in the barony of
Upper Ossory, Queen's County; 1,634a. 2r. 2op_, statute measure,
ill the baronies of Upper Ormond and Eleogarty, county of Tip-
perary; 2,011a. jr. 2p. statute measure, in the barony of Coonagh,
county of Limerick; and 1,979a. ir. 26p., statute measure, in the
barony cf Glankeery, county of Waterford. The Quit rent on the
lands in Queen's county was ^75 7s. 4^d. ; on the lands in Tipperary,
^14 16s. 3^d. ; on the lands in Limerick, ^18 16s. 8|d.; and on the
lands in Waterford, ^18 7s. j4d..]
" To be held and enjoyed by the sd Hugh, Earl of Mount Alex-
ander, his heirs and assigns for ever, in free and common soccage, as
of H. M' s Castle of Dublin, under the Quit Rents and yearly pay-
ments to be made and paid H. M., his heirs and successors, saving
the right and benefit of all former Decrees and Certificates made by
H. M' 1 Comm rs for executing the Act of Settlement, or by this