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except two bonds which he had that day taken from Lawrence, both bearing equal date with the said instrument or articles of agreement; the one in the penalty of 67l. 198. 5d. conditioned for payment of 33l. 19s. 8½d. the pretended consideration whereof was for arrears of rent alledged to be due from Lawrence to John; and the other for 183l. 16s. 8d. payable at will and pleasure, and conditioned for performance of covenants in the said instrument or [14] article contained; and for the better observance and performance of which instrument or article, each party was made to bind himself by oath. Accordingly, by a certain instrument in writing, or articles of agreement, of the 28th October 1736, purporting to have been executed by the said Lawrence Davoren, reciting, That whereas the said James Davoren, deceased, made his will in writing, under hand and seal, on the 12th day of May 1725, or thereabouts, and thereby appointed his brother, John Davoren, sole executor; and that whereas the said James Davoren made a codicil to his said will on the 29th day of July following, or thereabouts, and thereby appointed the said John Davoren sole executor; and that whereas the said James Davoren died seised and possessed of an estate, real and personal, and died a papist, or a person professing the Popish religion; and that whereas the said John Davoren possessed himself of all the said James's estate, real and personal, as his brother and sole executor; and that whereas, by an Act of Parliament made in that kingdom, in the second year of the reign of Queen Anne, to prevent the further growth of Popery, all lands, tenements and hereditaments, whereof any Papist then was or thereafter should be seised in fee simple or fee tail, were, from thenceforth, so long as any Papist should be seised of or entitled to the same, in fee simple or fee tail, made of the nature of gavel kind, and made descendible, for want of issue of such Papist, among the collateral kindred of such Papist of the kin of the father, any way inheritable to such estate, in equal degree; and for want of such kindred, to the collateral kindred of such Papist of the part of the mother in like manner, notwithstanding any settlement, or disposition by will, or otherwise, except sale or alienation thereof by such Papist in his life-time, for good and valuable consideration of money, really and bona fide paid; and that whereas the said James Davoren having died without issue, Lawrence Davoren, younger brother to the said James Davoren, filed his bill in the Chancery side of his Majesty's Court of Exchequer in Ireland, against the said John Davoren, a Papist, founded upon the said Act; and that whereas the said Lawrence Davoren passed several bonds with warrants to confess judgments, unto the said John Davoren, of certain dates, and made payable at certain times then long since past, for considerable sums of money, with interest, and for valuable considerations; and that whereas said Lawrence Davoren passed a bond or note unto the said John Davoren, for the use of George Martin, late of Galway, merchant: He the said Lawrence Davoren did, by the said instrument or articles, promise and engage, in the penalty of 3000l. to convey, assign and sufficiently make over, by his deed in writing, under hand and seal, unto his nephew William Davoren, on or before the 1st day of January 1737, all the right, title and interest that the said Lawrence Davoren ever had, or might have had, or then had, to the estate that the said James Davoren died possessed of, or to any part thereof, in case the said John Davoren, his executors or administrators, would assign and make over unto his son William [15] Davoren, all his the said John Davoren's right, title and interest in and to the said bonds, and warrants to confess judgments, so passed by him the said Lawrence Davoren unto the said John Davoren, and not otherwise, or unto any other person, being a Protestant of the Church of Ireland, that the said John Davoren, his executors or administrators, should think convenient to assign and make over the said bonds; which bonds, with warrants to confess judgments, were to be delivered up to the said Lawrence Davoren, his administrators or assigns, upon his perfecting the said deed of conveyance in manner as aforesaid, and he was to be discharged by said John Davoron, his administrators or assigns, from all the bills, bonds, and notes, that he the said Lawrence Davoren had passed and perfected unto the said John Davoren from the beginning of the world to the day of the date thereof, excepting a penal bond, bearing equal date therewith, and passed and perfected by him the said Lawrence Davoren to the said John Davoren, for 67l. 19s. 5d. sterling, conditioned for the payment of 33l. 19s. 8½d. sterling, payable, with interest, on the 29th day of September then next; the contents of which bond, it is therein mentioned, was to be paid and discharged by the yearly annuity that would become due from him the said John Davoren to James Davoren, son to