Ecclesiastical Lands Act 1785

ECCLESIASTICAL LANDS ACT 1785

CHAP. XLIX.

An Act to explain and amend the several Acts made in this Kingdom, to encourage the building of Houses, and making other Improvements on Church Lands, and for other Purposes.

Preamble.

lands, which are part of the estate of the bishops of Ferns.

said lands and other lands were leased to J. Symes.

who devised his interest therein in trust for the better support of Swift’s hospital,

17 years of the last lease are unexpired,

said lands are to be surrendered to the bishop for 1500l.

Bartholomew Vigors, bishop of Leighlin and Ferns, bequeathed 300l. to his successorn for the benefit of the bishoprick.

Edward Young, bishp of Leighlin and Ferns, bequeathed to his successors, 700l, for building as house for the residence of the bishop;

neither of which sums have been expended.

Walter, the present bishop, may apply the said sums in defraying the expence of this act,

WHEREAS the demesne or mensal lands of the bishops of the united bishopricks of Leighlin and Ferns, lie at a great distance asunder, and are inconveniently situated, and there it no mansion house yet built on either fee for the habitation and residence of the bishop of the said united bishopricks: and whereas two hundred and fifty seven acres, plantation measure of the following lands, to wit, Coolpuck Paddock, otherwise Aughnarudd, otherwise Fernsland, Upper and Lower Coobroe, Lower Ferns, Great and Little Kilboro, otherwife Broad-Stone, part of Burnsland, containing nine acres three roods and four perches, and Blakesland, otherwise Ballinsparrow, are part of the estate of the bishops of the said diocese of Ferns, and their successors, and are all situated in the county of Wexford, and near the cathedral church of said diocese, and are fit and convenient for a demesne for the bishops of said united fees, and their successors: and whereas the said lands, with other lands, part of the estate of the bishops of said diocese of Farns, were heretofore: leased and demised for a term of years to James Symes, late of Hammersmith in the county of Middlesex, and kingdom of Great Britain, esquire, and the said James Symes being in possession thereof, under such demise, duly made and executed his last will and testament, bearing date the second day of January, in the year one thousand seven hundred and sixty seven, and thereby devised his leasehold interest in said lands to Mitchelburne Symes, esquire, and Robert White, then of the exchequer office in the city of Dublin, and their executors, administrators, and assigns, in trust, that they should renew the leases thereof as often as necessary, and in trust to pay the rents, issues, and profits of the said lands, to the use and for the better support of the hospital called doctor Swift’s hospital for incurables in Dublin, meaning thereby the hospital founded in the city of Dublin by the reverend Jonathan Swift, heretofore dean of the cathedral church of Saint Patrick, Dublin, commonly called saint Patrick’s hospital for lunaticks and idiots; and the said Robert While is since dead, and the said Michelburne Symes is the surviving trustee in the said will of said James Symes named, and the said lease of said lands herein beforementioned, has, since the death of said James Symes, been from time to time renewed by the bishops of the said united fees, and the said lands demised and let to the said Mitehelburne Symes, the furviving trustee in the said will named, and there is now seventeen years of the term granted to the said Mitchelburne Symes, by the last lease, or renewal of the lease of said lands yet to come and unexpired: and whereas the said Mitchelburne Symes has agreed with the right reverend Walter, now lord bishop of the united dioceses of Leighlin and Ferns, by and with the consent and approbation of the governors of said hospital, to surrender the said lease of said lands to the said lord bishop, for and in consideration of the sum of one thousand five hundred pounds sterling, to be paid by him to said Mitchelburne Symes, for the use and benefit of the said hospital, that the said lands, containing two hundred and fifty seven acres, may, from the twenty fifth day of March last, be set apart for ever, for a demesne or mensal lands for the said bishop and his successors, bishops of the said united fees: and whereas the right reverend Banholomew Vigors, heretofore lord bishp of Leighlin and Ferns, by his last will and testament, bearing date the eleventh day of July, in the year one thousand seven hundred and fifteen, bequeathed the sum of three hundred pounds sterling, to be paid by his executors to the lord bishp of Leighlin, who should be his immediate successor, to be disposed of by him for the benefit, improvement, and encrease of the revenue of the said bishoprick of Leighlin, either by buying in some lease of fee-farm, or building an house for the more convenient habitation of the said lord bishop of the said fee: and whereas the right reverend Edward Young, heretofore lord bishop of Leighlin and Ferns, by his last will and testament, bearing date the twenty fifth day of July, in the year one thousand seven hundred and seventy two, bequeathed to his successor and successors, bishops of the said united fees of Leighlin and Ferns, the sum of seven hundred pounds sterling, to be laid out and expended in building an house for the residence of the bishops of Leighlin and Ferns, and the said two sums, amounting to the sum of one thousand pounds, have never yet been laid out or expended pursuant to the bequests in the said wills of the said Bartholomew Vigors and Edward Young, contained, but are now lodged and deposited in the hands of the said Walter, now lord bishop of Leighlin and Ferns: And whereas the bifhops of Leighlin and Ferns, the predecessors of the said present bishop, have been discouraged and prevented from building a mansion house for their residence, and expending the said two several sums pursuant to the said bequests, by the want of a convenient demesne, and the intentions of the said Bartholomew Vigors and Edward Young, in their said bequests, and their designs of procuring a convenient mansion house for the residence of their successors, bishops of said united fees, will be more effectually carried into execution, by applying the said two several sums to the purchase of the said leasehold interest in said lands, to be for ever set apart as a demesne or mensal lands for the residence of the bishops of the said united fees, than by applying the said sums strictly, according to the directions of the said bequests in the said wills contained: be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present Parliament assembled, and by the authority of the same, That it shall and may be lawful to and for the said Walter, now lord bishop of the said united fees of Leighlin and Ferns, to apply, lay out, and expend the aforesaid two several sums of three hundred pounds, and seven hundred pounds sterling, making together the sum of one thousand pounds sterling, in the following manner, that is to say, that he shall in the first place, out of the said sum of one thousand pounds, defray, disburse, and discharge all and every the charges, costs, and expences which shall attend the passing of this act, and that he shall apply that part of the said sum of one thousand pounds, which shall remain after paying and discharging all the said charges, costs, and expences, towards the purchase of said leasehold interest in the said herein before mentioned lands.