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further in the account, though Pearse lived till 25th April, 1695: And that the Earl of Jersey, who had given a bond of 3000l. penalty, in the place of Chiffince, who died, in Hilary term, 1702, in order to get up his bond, brought a bill in the Exchequer against Phillippa the Colonel's widow and executrix, since married to Mr. Gee; setting forth the proceedings aforesaid; and that after answer, that cause was heard, and an account directed as stated by appellant, with a special direction to allow such vouchers as had been proved or admitted by the Colonel before Mr. Eden, on taking the former account: And that the report stated by appellant was made, to which appellants filed exceptions, pretending the account was not taken according to the articles and decree, and course of agency; but by way of debtor and creditor. And that the several sums amounting to 544l. 16s. 11d. were a double charge; but upon consideration, the Court over-ruled the exceptions; and as to the pretended double charge, [420] ordered a trial at law, as shewed by appellants. And that on a re-hearing on appellant's petition, the Court affirmed the former order, which respondent insisted was just; because when the Colonel and officers, and agents were living, Pearse would have accounted regimentally, which the Colonel declined; having during Pearse's short agency, received much more than his pay came to: And the Colonel, during Pearse's life, and also during his own life, which was above eleven years, acquiesced in the account; but now, after all persons concerned were dead, appellants would have the method of accounting altered, and an account taken in the way the Colonel refused, which was impracticable; although the Colonel never pretended that there was a penny due to him nor had any officer or soldier of the regiment, ever complained that Pearse had not paid them their full dues. (Sam. Dodd. Law. Carter.)

Die Martis, 20 Decembris, 1709. After hearing council on this appeal, it was adjudged by the Lords that the same should be dismissed, and the report of the Court of Exchequer, and orders therein complained of, affirmed; and that appellants should pay respondents the sum of 20l. for their costs. Lords Journ. vol. xix. p. 24.

The appellant stated: That Moses Hill, Esq. in 1670, devised the manor of Glynn, and of the four towns of Invarr, in the county of Antrim, Ireland, to Ann his wife, and made her sole executrix and residuary legates, and died without issue male, leaving two daughters, appellant, and Rose Hill, since deceased; the family estate having upon his marriage been charged with 400l. a year, for said Anne's jointure, and with 1000l. a-piece for daughters portions: And that on his death, William Hill, Esq. as next heir male, entered on all the real estate, including the lands of Glynn, insisting Moses had no power to dispose thereof; and that in a cause depending in the Court of Chancery in Ireland, wherein said Anne Hill was plaintiff, William Hill defendant, the Lord Chancellor assisted by Lord Chief Justice Povey, (the question being about the manor of the Glynn) 15th December, 1673, decreed that William Hill should be quieted in the possession of those lands, declaring that the possession had gone with his ancestors for above 40 years, according to some old settlement, and ordered the tenants to pay their rents and arrears to said William: And, by a subsequent order, all the deeds and writings relating thereto were delivered to said William Hill; and the lands ever since enjoyed by his heirs male; and that in 1683, appellant married Sir Walter Plunket, at which time the 1000l. ought to have been paid, according to the settlement; and that Anne Hill made her will, and appellant her executrix and residuary legates; and at her death, near 800l. was due for the arrears of her jointure: And that neither William Hill, during his life, nor Michael Hill his son, (to whom the estate descended) paid appellant these arrears, nor the 1000l. due on her marriage, or any interest: And that appellant was therefore driven to commence