James I. had granted to the head of the O'Dempseys a great estate on both sides of the Barrow in King's and Queen's Counties, worth 4000_l._ a year in its unimproved condition and subject only to a small quit-rent. Sir John Davies had reported that the clan were inclined to live in a civilised manner, and the chief was created Viscount Clanmalier by Charles I. His son Lewis succeeded before the outbreak in 1641, commanded a regiment during the war, and was included in the Cromwellian Act of Attainder. He afterwards claimed to have adhered constantly to the peaces of 1646 and 1648 and to have preserved the land and goods of many distressed English, but received no consideration for his estate which had been given to soldiers and Adventurers. Not having served the King abroad he was not protected by any clause in the Act of Settlement, and Sir Henry Bennet coveted the property. Probably Clanmalier would have failed before the Court of Claims, for he had been a long time in the rebels' quarters, but his case seems not to have been heard, perhaps through his lawyer's mistake, and his position was hopeless from the first. In November 1662 the King granted the whole estate to Bennet who had just been made Secretary of State, and the Irish officials did their best to make the grant effective. Winston Churchill and Talbot were very active in the matter, and the latter showed very little anxiety about getting anything for Lord Clanmalier. Ormonde was more sympathetic, and discouraged the private Bill by which Bennet's friends proposed to cut all knots. The Adventurers and soldiers had to be reprised, and they exerted themselves to find concealed lands, thereby reducing the stock available for working the Act of Settlement. Clanmalier was only tenant for life, but in the end the Act of Explanation gave the whole estate to Bennet without considering the reversion. The men in possession were to have two-thirds of their interests, which some valued at three and some at six years' purchase, and the Manor of Portarlington was erected with great privileges and the right of sending two members to Parliament. If Lord Clanmalier got anything at all it was in the nature of a compassionate allowance. It is not surprising to find that Tories were numerous near the new borough, and that some of them bore the name of Dempsey.[28] FOOTNOTES: [10] Hugh O'Neill to Ormonde, October 27, 1660, enclosed in Bennet's letter of same date, _Carte Transcripts_, vol. xxxi. Clarendon's _Life_, Cont., 226. The Breda declaration is in his _Hist. of the Rebellion_, xvi. 193, and in _Somers Tracts_, vii. 394. [11] Clarendon's _Life_, Cont., 209, 221. [12] The Declaration of November 30, 1660, is incorporated with the Act of Settlement, 1662, 14 & 15 Car. II, cap. 2, which occupies 109 folio pages of the _Irish Statutes_. [13] _Irish Statutes_, i. 252-260, sections 16 to 28 of the Declaration. Clarendon's _Life_, Cont., 233.