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and sent back [364] to the master, who made a third report; and stated respondents several debts, interests, and costs, in the whole to amount to 2403l. 3s. 2d. which he appointed appellant to pay: And that this report was made absolute; and that pending this accompt, appellant exhibited a cross-bill; to which respondents pleaded the former decree inrolled for the same matter, and that plea was allowed, and the bill dismissed; and that appellant utterly refusing to pay the sums reported, respondents were obliged to begin again upon the other part of the decree, and accordingly proceeded before the master to see what was due to appellant, and exhibited interrogatories to examine appellant as to the profits received; to which he put in several insufficient examinations, and was taken into custody of a messenger, and continued in custody several months before he perfected his examinations: And after many other delays, the master reported what was due to the appellant for principal, interest, and costs; and to this report also appellant took divers exceptions, and among others, that the master had not allowed him two several sums paid Hampson, which were never mentioned in all the proceedings before, viz. 150l. paid 6th February, 1699, and 250l. paid 29th October, 1700; and that these exceptions were argued before the Lord Keeper; and it plainly appearing by several witnesses, that the appellant had notice of Fielding's judgment before the pretended payment of 250l. that sum was disallowed, but as to the 150l. his Lordship directed an issue at law, to try whether appellant had notice of Fielding's judgment before 6th February, 1699; and ordered Fielding, in the mean time, to pay this 150l. and interest, together with the other sums, then settled, upon arguing the exceptions amounting to 3805l. 1s. 7d. to appellant, and appellant thereupon to bring all the deeds and writings before the master, and to re-convey the premisses to respondents: And that Fielding, at the time appointed, made a tender of the 3805l. 1s. 7d. which was refused, and afterwards brought on a trial as to the 150l. before Lord Chief Justice Trevor, and a verdict was found against appellant: And that respondent then prosecuted appellant to bring the deeds before the master, in order to prepare a conveyance; and an order being granted for the messenger to take appellant into custody for [365] contempt, appellant had brought the present appeal, which respondent insisted ought to be dismissed, and the decree affirmed, because the appellant's oath, in his plea, that he was a purchaser of the equity of redemption on the 4th December, 1700, without notice, had been falsified by two verdicts at law. (Sim. Harcourt. J. Jekyll.)

Die Martis, 21 Januarii, 1706. After hearing council upon this appeal, it was adjudged by the Lords that the same should be dismissed; and the decree complained of affirmed. Lords Journ. vol. xviii. p. 199.

The appellant made this case: That Peter Pilley, his father, a papist, was, in 1653, dispossessed of his paternal estate, and, in 1656, was by the then commissioners for adjudication of claims and qualifications of the Irish, adjudged to be comprised within the eighth qualification of the act made by the then powers for settling of Ireland, and decreed to lands in Connaught or Clare, amounting in quantity or number of acres to two thirds of his ancient estate; but had no benefit thereof till 1676; and, that in 1653, a treaty was set on foot between said Peter Pilley and John Osbaldeston, grandfather of respondent Katherine, for a marriage between Peter and Mary; only daughter and heir of John, and articles dated 18th September, 1673, were entered into, whereby Osbaldeston agreed to settle the lands of Tully, Carroward, Carrowkeele, Coggalmore, Coggalbeg, Lissenerin and Derringwon, (which were concealed forfeited lands) and Annaghdarry, Bunewogane and Carrowtornane (which were the estate and inheritance of other persons) in the County of Roscommon in Ireland, on the said Peter and Mary, and the heirs of their bodies, after the death of Martha Nelson, Osbaldeston's sister-in-law, who, he said, had a jointure in them for her life: And 800l. was to be secured out of the lands to the issue female, in failure of issue male; and the remainder to be limited to Osbaldes-