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to the letters patent, which the General agreed to. That the General, residing in England, and the Colonel going over to Ireland, he promised the General to collect the rents and profits of the premises, and thereout to satisfy himself what he had expended in procuring the grant and securing the premises as aforesaid, and to pay the overplus to the General; and accordingly, the Colonel continued to receive the rents and profits, and paid the General and his wife several sums of money on account thereof. That the Colonel, on the 1st of March 1666, obtained the adjudication and certificate of the Commissioners of the Court of Claims, for the said lands and [442] premises, and in the act of explanation, obtained a confirmation of the said letters patent. But, intending to defraud the General of the premises, he did, from time to time, during the General's life, keep off the execution of the said trust, and a reconveyance of the said premises, and perfecting the said agreement for the purchase thereof; pretending, that the premises were not fully settled. That before the trust was executed, or any reconveyance or purchase made, the General, in May 1667, died intestate, leaving John Vernon, his son and heir at law, then an infant. That on the 29th of August 1671, the Colonel procured further letters patent of the said premises to him and his heirs. That the said John Vernon coming of age, and having obtained administration to the General, his father, applied to the Colonel, requiring him to execute the said trust, and to account with and pay him all the arrears of rent of the said premises, ever since he received the same, deducting what he had paid to the said John Vernon's father and mother, and the charges of securing the premises as aforesaid; who refused so to do, and had made a lease of the premises to the defendant Martin, and divers secret estates to the other defendants: the bill therefore prayed, that the Colonel might set forth an account of, and account with him for the rents and profits of the premises; and set forth what right the Colonel, or any persons claiming under him, had to the said premises; and that the Colonel might reconvey the premises to the said John Vernon and his heirs: but if it should appear, by any agreement in force between the Colonel and General Vernon, and for any consideration to be paid the General, that the Colonel was to have any part of the premises, and the Colonel to assign the remainder to the General; that the said agreement might be pursued, and the money, with interest since May 1660, be paid to the said John Vernon, together with the rents and profits of the said premises.

To this bill, the Colonel put in a plea and answer; and by his answer, admitted the several letters patent, acts of settlement and explanation, adjudication and certificate of the Court of Claims; by which title, he claimed to hold the premises against the said John Vernon, absolutely to him and his heirs.

He denied, that he agreed to take any grant of the premises from his Majesty, on any trust for the General; but alledged, that the same was granted for his own use and benefit solely, and was in consideration of his great sufferings and services; and that all clauses put into any act for establishing the same to him, and particularly for barring Blackwell's right, and those claiming under him, were really intended for his own benefit, without any trust for the General. He also denied having agreed with the General, that when the premises were secured, the same should be in trust for him; or having ever promised, that if he got a grant thereof, in his own name, the same should be for the use of the General and his heirs. He then alledged, that the plaintiff's father, having served the Usurpers, and opposed the King's restoration, was obnoxious to the Government, and in 1660 was imprisoned, [443] as a dangerous man; where the Colonel, as being his cousin-german, went to visit him, and was assisting to him for his enlargement, and helped him and his wife to sums of money, some whereof were the arrears of rent before the Colonel's possession, which he promised to get in for the plaintiff's father as his steward; and the rest were monies which the defendant paid them, but not on account of the rents of the premises, after his being in possession. And confessed, that he had mortgaged the premises to Carter, Ferris, and Knightsbridge, and their heirs, for securing the repayment of £2000 and interest.

And as to so much of the bill, as sought an account of the rents and profits of the premises, or a conveyance from the Colonel to the plaintiff; the defendant pleaded the said letters patent of the 26th of November 1660, his entry and possession under the same, the confirmation thereof by the act of settlement, by a par-