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by Lord Coke, would deserve more attention. That the Judge of the Court of Admiralty sits under an authority which does not limit his jurisdiction to the sea, but is general to all manner of captures, seizures, prizes, and reprisals, and has the only prize jurisdiction known in this country. The statutes of 13th and 15th Richard II. and 2d Henry IV. have no reference whatever to this case; and captures made equally within the limits mentioned in those acts, as if they had been made on land, (as in ports, havens, etc. within the realm,) have constantly been tried in the Prize Court of Admiralty. That so far back as particular cases could be traced, which was for a century, the Admiralty has judged of, and condemned goods taken on land as prize, as well as goods taken on sea; every common law authority to be found on the subject allows and supports the jurisdiction. And that the legislature has in many acts of parliament recognized and referred to it as clear, certain, and undoubted.

After hearing counsel on this writ of error, the following question was put to the Judges, viz. "Whether the plaintiffs were entitled to recover upon this special verdict?" And the Lord Chief Baron, after taking time to consider, having delivered the unanimous opinion of the Judges present in the negative, it was ordered and adjudged, that the judgment given in the Court of King's Bench should be affirmed. (MS. Jour. sub anno 1783. p. 50.)

Colonel Richard Ponsonby, being seised in fee of the lands of Mortlestown, Ballinvotry, and Mullans, in the county of Limerick, by lease dated the 2d of November 1719, demised the same to Daniel Swayne, his heirs and assigns, for three lives, at the yearly rent of £125 18s. 9d. payable half yearly; with a covenant of renewal for ever, upon payment of £62 19s. 4½d. fine, within six calendar months after the death of any of the cestuique vies in the lease named'; and among other clauses and covenants in the lease, was the following, viz.

That he the said Daniel Swayne, and his heirs, shall, with all their family, within one month after the commencement of this lease, live on the said premises, during the continuance thereof; and during the continuance of every other lease to be made, pursuant to the intent thereof; and whenever he or they shall fail so to do, that then the rent herein reserved shall rise to the sum of £150, and so continue yearly to the end of this present demise, and to the end of any other demise or lease hereafter to be made, pursuant to the covenant and intent of these presents and if it shall happen, that any part of the said rent of £150 on failure of performing the said covenant, shall be in arrear at any time after such failure, that then it shall and may be lawful for the said Richard Ponsonby, his heirs and assigns, to enter into the said demised premises, and distrain and dispose of the distress and distresses, according to law; and for want of sufficient distress to re-enter and enjoy the premises, as in his and their former estate.

There was also another covenant, that the lessee, his heirs and assigns, should not alien his or their interest without the consent of the lessor, his heirs or assigns, first had in writing, under a penalty of £20.