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due in those half years incurred before the battle of the Boyne, when there was no disturbance whatsoever in that county, but, on the contrary, a free trade with France, to the great advantage of that county; and that appellant ought, at all events, to be paid all arrears up to May-day, 1690; and that if it should appear that Thady Quin might have waved his possession, under a covenant in his articles, and would not, but preferred to continue tenant, notwithstanding that contingency of war, against which he had provided, had happened, it must be presumed that his lease was, notwithstanding that contingency, an advantageous bargain, and that such lease being now decreed him for 1000 years to come, it could not be conceived that he had been any [136] loser in the main, and that therefore the allowances made to him could not be looked upon otherwise than as so much given him, in order to be deducted from appellant; and further insisted, that the court of Exchequer, by decreeing her even 150l. of the arrears, had adjudged that she had good cause to put the bond in suit, and ought therefore with that sum to have decreed her costs; and that appellant being only an executrix, could not remit any arrear, but was compellable to sue for what was due to her testatrix; and that she had been brought by respondent into a very chargeable suit in equity, only for taking a legal method for recovering her testatrix's debt, and therefore prayed to be allowed her full costs; and that as that rent was Lady Ormsby's only subsistence, and as even by the decree itself 150l. is allowed to have been due since May, 1688, and as there had been frequent demands made for the arrears, and no tender or payment, appellant further prayed, that interest might be allowed her, not only for the 150l. but for the other arrears. (James Montague.)

The respondent, in affirmance of the decree, made this case: That Robert Ormsby, Esq. had issue Edward (afterwards Sir Edward) his eldest, and respondent his younger son; and upon a marriage treaty between Edward and Jane Murray, (appellant's testatrix,) her portion was represented, and articled to be 3500l. of which 800l. only was actually received, great part of it consisting in a debt due from King Charles the First; the marriage took effect, and settlements were perfected, whereby the lands of Robert, in the county of Limerick, were settled on Edward in present maintenance, and on the said Jane for her jointure, remainder to their issue-male, remainder over to the respondent for life, and so to his sons in tail-male; and at the time of the settlement the lands were in lease for lives and years, determinable upon lives, with provision for renewal to Thomas Bentley, Mark Harrison, and Richard Plummer, three of the tenants; and that on Robert Ormsby's death, in 1664, Sir Edward entered, and confirmed the leases then in being; and afterwards (his wife joining with him) renewed Plummer's lease for three lives, at 107l. per annum, and Harrison's at 25l. per annum; and the rent of Bentley's being 150l. per annum, the whole jointure lands yielded but 282l. per annum, and that Bentley and Harrison were backward tenants, and commit-[137]-ting waste; and Sir Edward, who had no children, nor prospect of any, proposed that respondent should purchase Bentley and Harrison's interests, and take lenses himself of their farms at their rents, which respondent accordingly did; and afterwards, in 1678, at the request of Sir Edward and his lady, contracted to make a lease to Thady Quin, Gent. of Bentley and Harrison's farms, with 300 acres contiguous, of his own estate, for 1000 years, at 230l. rent, above quit-rent and taxes; and Quin entered, and continued tenant till Sir Edward's death in 1684; and that dame Jane, though she had insisted upon, and got from Quin a present of a pair of coach horses, for her consent after Sir Edward's death, attempted to avoid the leases, and that to accommodate those differences, respondent accepted a lease from her of all her jointure lands, at 300l. per annum, payable at Dublin; and that there was a nomine pœnæ of twenty shillings a week, and respondent gave 1000l. bond, for performance of the covenants in the lease; by which bargain, after deducting all expences, 12l. only remained to respondent for his own 300 acres, worth 50l. per annum, and for his trouble; and that respondent paid the rent punctually till 1st May, 1688, inclusive, and before November following Ireland was in such confusion that no protestant subject could make any benefit of his lands; and, in December, respondent, with his family, left his estate and fled into England; and in the May following King James arrived in Ireland, and respondent was attainted by his parliament, and his real estate, 1600l. per annum,