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the consent of Sir Arthur Langford, his heirs or assigns, first had and obtained in writing under hand and seal.

By virtue of this lease, John Charles. entered; but was soon after disturbed in his possession, and involved in several disputes and suits, with other persons claiming title to several parts of the demised premises, which suits Sir Arthur Langford, by letters and otherwise, directed him to litigate and defend his title against, promising him an allowance for his costs and expences therein; whereupon John Charles, besides time and trouble, expended upwards of £400 in defending and establishing his title. And encouraged by the permanent interest he had in the lands, then lying waste and uncultivated, he laid out more than £1500 (the best part of his fortune) in great and lasting improvements thereon, whereby they became much more valuable than when the lease was made, the reserved rent being high, and the bargain a dear one.

Alice Charles, one of the cestique vies, died on the 9th of May 1710, of which Sir Arthur Langford was soon after informed; but no account being then settled of the allowance to be made John Charles, for the money by him expended in defence of the title, which amounted to much more than the £100 fine, payable on the renewal, he, within a year after Alice Charles's death, applied to Sir Arthur Langford for a new lease, offering to deduct the £100 fine out of the money due to him, which Sir Arthur agreed to, but the execution of the renewed lease was, by consent of both parties, deferred till the account of Charles's disbursements should be settled; and Sir Arthur Langford, at several times after the expiration of the year, and particularly some short time before his death, declared to John Charles and several others, that he would not only renew the lease, but bestow the fine due thereon upon one of John Charles's daughters, and would allow him his costs and expences in defending the title and possession of the premises. And Sir Arthur, so late as the year 1714, by letters and otherwise, directed John Charles to make several freeholders on the lands, which he accordingly did, by making leases for lives renewable for ever of several parts of the premises, all which made John Charles less pressing for an actual renewal, until the latter end of the year 1715, when Sir Arthur being in a bad state of health, John Charles raised as much money as, with the costs and expences he had been at in defence of the title, amounted to the rent he owed and the fine for the renewal, and went therewith to Sir Arthur's house, in order to settle accounts, and pay what remained due for the rent and fine, in case this latter should [487] be demanded, and so get a renewal of the lease; but Sir Arthur was in so weak a state, that Charles was not permitted to speak to him upon business, but only directed to pay what money he thought proper to Sir Arthur's receiver, George Dennis, and he accordingly paid him a considerable sum; but Dennis not being impowered to settle the accounts, Charles was forced to defer it until Sir Arthur's recovery, when he received assurances that he should also obtain the renewal of his lease.

Sir Arthur Langford's disorder increased, in so much that he died about April 1716, having, by his will, dated the 1st of December 1715, devised the premises to his nephew, Hercules Rowley, Esq. and the heirs of his body; remainder to his own right heirs; with power to the said Hercules and his issue to make leases for lives renewable for ever, or for such terms of years, as they should think proper. He thereby also directed, that such of his tenants as should pay off their arrears, in twelve months after his death, should be allowed one full half year's rent of their then holdings, and appointed the said Hercules Rowley sole executor, who proved the will. Long before the expiration of the twelve months, given by the will to the tenants for paying their arrears, Mr. Rowley came to England, and remained there near two years; so that Charles had, during that time, no opportunity of settling his account of expences, and the quantum of his rent remaining due, so as to demand a renewal of his lease; but soon after Mr. Rowley's return to Ireland, he applied to him for the settlement of his accounts, for an abatement of one half year's rent, pursuant to Sir Arthur Langford's will, and for a renewal of his lease; which being refused by Mr. Rowley. Charles, in order to take away all colour of excuse against such renewal, on the 2d of May 1718, paid off all the rent due for the premises to the 1st of November then last, without having any manner of credit or allowance given him; and at the same time offered Mr. Rowley £100 as a fine for renewing the lease, with interest from the 9th