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and a personal estate, above 6000l. seized for the said King's use, and Plummer the under-tenant taken prisoner, plundered and ruined, and under that King's act for repealing the act of settlement, the old proprietors entered on the jointure estate, and that the county of Limerick was one of the earliest in the kingdom where the protestants were disturbed, and the last reduced, and that these lands particularly suffered more than others in that county, being a thoroughfare from Limerick to Kerry: And that appellant, in 1692, after dame Jane's death, impowered John Lowther, Esq. to demand the arrears due at Lady Ormsby's death, and to agree about it as he thought fit; and that there was a reference thereupon to Sir Richard Levinge, and Robert Rochfort, Esq, who delivered their opinions (but did not make a conclusive award) that 150l. should be paid Mr. Lowther for appellant's use, for the half-year's rent [138] due November, 1688, and no more; and that appellant might distrain or receive what she could from the under-tenants, in her own or respondent's name: And that respondent accordingly, for that purpose, immediately lodged the 150l. with Benjamin Burton, a banker in Dublin, and tendered it to Mr. Lowther for appellant, long before she had taken probate, which, though not intitled to recover by law, she might justifiably receive and discharge, and which Lowther, by her directions, refused to accept, and a suit was commenced against respondent upon the 1000l. bond, for an injunction to stay, which respondent exhibited his bill in the Exchequer, in Ireland, as stated by appellant; who in her answer admitted respondent's losses, and the sufferings and ruin of Plummer, but insisted that Quin, being a papist, had not suffered, and that therefore his rent ought to be answered to her, and admitted her power to Mr. Lowther, and that she refused to accept the 150l. relying on her remedy at law for the whole arrears; and that immediately on her answer respondent had sued Quin for an account of the rent during his enjoyment; and that Quin exhibited his bill for relief against respondent, and after divers witnesses examined, and proof of his losses made by Quin, both causes were heard together before the Chancellor and three barons of the Exchequer, and the decree stated by appellant was made; and before the decree could be made up, the respondent was served with an order upon the appellant's petition and appeal; but respondent insisted the decree was well grounded, and agreeable to equity and justice; for that it was fully proved that the troubles began in the county of Limerick in December, 1688, and continued during the war, and that the under-tenant Plummer was ruined and lost all; and neither he nor respondent could enjoy or make any rent, and if they had, must have received it in brass money; and though Quin did enjoy some time, yet he had lost all by following the Protestant party; and that respondent's allowances to Quin were for rent that fell due only after Lady Ormsby's death; and that there was no proof that respondent received one penny of Quin from November, 1688, till November, 1691, but 50l. in brass money; and that there could be no reason for interest or costs, it being appellant's own fault that she refused the 150l. offered, and deposited for her, before she had any right of action; and insisted that allowance of interest for rent, upon the bond for performance of [139] covenants, or on the nomine pœnæ, was against the general rule of the kingdom, and many adjudged cases; and that in the rebellion of 1641, no interest was allowed in Ireland, even upon bonds and judgments, for money lent from 1641 to 1654, and from 1654 to 1656, (though the kingdom was entirely reduced) only half interest was allowed; and that the act of resumption cleared all interest and rent during the war, which was thereby declared not to have determined till Easter, 1692, and that the King had no quit rents till Michaelmas, 1692; and that this decree was solemnly pronounced by a full court, by men of known abilities, acquainted with the circumstances of the kingdom, and of the several parts of it where the burthen lay most heavy, after a full examination, and were unanimous in the decree; and that shaking of this decree would, in effect, at once unsettle the whole kingdom, and put all again into confusion. (St. John Broderick.)

Die Martis, 6 Maii, 1701. The Lords heard council on this appeal on this point, whether the Court of Chancery, in Ireland, had proper parties before them, whereby the decree complained of was rightly founded; and whether Quin, the tenant of Ormsby, should not have been a party, though the depositions taken in his Cause were made use of by consent? And the Lord Keeper told the Council, that