Page:The English Reports v1 1900.pdf/813

never have been contested by the Bishop, but only to draw in question the respondent's title to Blackburne-Fell; and to subject him to the whole costs, though the Bishop had prevailed for the small copyhold only. And lastly, that the Bishop never complained of his being aggrieved by this decree, until after the House of Peers had adjudged he had no privilege, and till after the costs were taxed, and process had issued for the same.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and that the said decree, and the several orders and proceedings therein complained of, should be affirmed. (Jour. vol. 20. p. 579.)

Francis, Earl of Longford, being seised of the manor of Granard, and other lands, in the counties of Longford and Westmeath, in Ireland, of the yearly value of £700, borrowed of Sir Walter Plunkett, the sum of £5000, and for securing the repayment thereof, with interest after the rate of £10 per cent. per ann. the said Earl, together with Ann his Countess, Ambrose Aungier his brother, and Sir Charles Fielding, a trustee, by indentures of lease and release, dated the 4th and 5th of March 1680, conveyed the said manor and lands to the said Sir Walter Plunkett, and his heirs, subject to a proviso or condition of redemption, on payment of £5750 on the 6th of September 1682.

This money not being paid according to the condition of the mortgage, Lord Longford executed a deed, dated the 14th of July 1683, whereby he directed the tenants of the mortgaged premises to attorn to Sir Walter Plunkett, and pay him not only the accruing rents, but the arrears then due: And in this deed, there was a proviso,

That whensoever the said Francis, Earl of Longford, his heirs or assigns, should, at one entire payment, fully pay or satisfy unto the said Sir Walter Plunkett, his heirs or assigns, the sum of money specified in the said deed of mortgage, [68] being £5750, together with all such other sums of money as should be then due and unpaid for interest thereof; that then and immediately after, the said mortgage and instrument, and all other deeds and instruments relating to the premises should be void.

Pursuant to this last deed Sir Walter Plunkett, in September 1683, got possession of the mortgaged premises, and quietly continued to receive the rents and profits thereof; except a small parcel which, about three years and a half afterwards, was evicted by Richard Barry and Richard Fleming, two of the Earl's judgment creditors, for £300, and another small part thereof, which was evicted by Edmund Ludlow, esq. under a prior mortgage for £500. But notwithstanding these evictions, Sir Walter Plunkett had a sufficient security left for his money; and he afterwards regained the possession of the lands, evicted by the said two judgment creditors.

In 1688, the wars in Ireland broke out, and continued till about 1692, by which Lord Longford suffered greatly; the counties of Longford and Tipperary, where his estate lay, being for the most part the seat of war, and exposed to the ravage and devastation of the opposite armies; which burnt and destroyed all his and his tenants houses, to a very considerable value, and laid his lands waste and untenanted.

But notwithstanding these calamities, from which the kingdom of Ireland was a long time in recovering, Sir Walter Plunkett, on the 23d of October 1693, filed