THE
CASE
OF
John
St.
Leger
Esq
;
RESPONDENT
IN
THE
APPEAL
Of
John
Barret
,
from
a
Decree
in
the
Chancery
of
Ireland
.
SIR
William
Barret
,
being
in
England
,
but
having
a
considerable
Estate
in
Ireland
(
part
whereof
he
apprehended
might
be
intail'd
.
)
Made
his
Will
in
Writing
and
leaves
all
his
intail'd
Land
to
Mr.
Barret
(
his
Heir
Male
)
and
those
not
intail'd
to
Mr.
St
Leger
,
St.
Leger
should
have
his
Estate
.
At
first
Mr.
St.
Leger
apprehended
also
that
part
of
the
Lands
might
be
intailed
,
but
afterwards
discovering
that
they
were
not
,
exhibited
his
Bill
in
the
Chancery
in
Ireland
,
to
discover
the
Writings
,
and
prove
the
Will
,
and
examine
the
Witnesses
,
the
Will
being
made
here
in
England
,
and
the
Lands
lying
in
Ireland
:
And
to
have
the
Deeds
delivered
,
and
have
the
Benefit
of
Depositions
taken
in
a
former
Cause
,
but
between
other
Parties
,
viz.
The
Daughters
of
one
Sir
James
Barret
who
claim'd
Portions
out
of
the
Estate
,
and
to
be
reliev'd
upon
the
whole
matter
.
To
which
Bill
the
Defendant
answered
,
and
did
not
Object
against
the
Jurisdiction
of
the
Court
;
but
by
answer
prayed
to
have
a
Determination
of
the
Matter
,
saying
he
hoped
it
would
appear
at
the
Hearing
,
that
the
Estate
was
intailed
.
Whereupon
The
Cause
was
heard
,
at
which
time
the
Questions
were
,
May.
77.
whether
the
Estate
were
Old
Andrew
Barret's
(
an
Ancestor
of
the
Family
of
the
Testators
)
his
Wife
Katharines
,
and
whether
it
was
intail'd
?
And
the
Court
after
three
days
Hearing
,
directed
a
Tryal
upon
these
Issues
.
Whether
Andrew
were
seiz'd
in
Right
of
his
Wife
Katharine
of
the
Lands
in
question
,
and
whether
there
was
any
intail
,
and
of
what
Lands
.
In
which
Tryal
the
Appellant
join'd
,
and
after
a
full
Tryal
at
the
King's
Bench-Bar
,
The
Jury
found
that
Andrew
was
seiz'd
in
Right
of
his
Wife
Katharine
of
particular
Lands
:
vid.
the
Judges
Certificate
.
After
13
several
days
hearing
of
Counsel
on
both
sides
,
St.
Leger
,
and
an
Injunction
for
Possession
,
but
without
prejudice
to
the
Appellant
,
if
any
intayl
should
afterwards
be
discovered
,
and
brought
to
light
,
provided
he
first
give
Obedience
to
the
Order
of
the
Court.
Against
which
Decree
Barret
now
Appeals
,
as
if
the
Court
had
exceeded
their
Jurisdiction
in
making
a
Decree
.
But
it
is
conceived
to
be
very
Just
,
and
agreeable
to
Reason
;
and
the
Appellant's
Preceedings
against
it
very
unreasonable
.
For
the
Plaintiff
in
the
Decree
Mr.
St.
Leger
could
never
have
had
any
relief
without
the
help
of
a
Court
of
Equity
,
either
to
discover
what
Lands
were
Intayled
,
(
which
must
be
done
by
the
writings
if
any
were
)
or
to
have
the
writings
of
the
Fee-simple
Estate
out
of
Barret's
hands
,
or
to
examine
Witnesses
who
lived
in
England
,
and
elsewhere
to
use
at
Common
Law
,
if
Occasion
were
.
As
also
to
have
the
Benefit
of
Depositions
taken
in
another
Cause
between
other
Parties
,
but
touching
the
same
Estate
.
The
Appellant
joyned
to
have
the
Cause
determin'd
in
Equity
(
as
before
)
and
did
not
Object
against
it
,
as
hoping
himself
to
have
a
favorable
Construction
in
Equity
upon
the
Will
,
as
to
the
Pretence
of
the
Intayl
.
And
then
he
Joyned
in
defence
of
the
Tryal
.
There
being
an
Issue
directed
,
and
a
Verdict
upon
the
Right
,
it
would
have
been
hard
to
have
made
all
that
signifie
nothing
,
as
it
must
,
if
there
was
no
Decree
made
;
But
the
Court
being
so
possest
of
the
Cause
,
it
was
fit
and
just
to
make
some
Rule
upon
those
Proceedings
,
and
no
other
could
be
but
the
said
Decree
:
For
it
would
have
been
very
unreasonable
to
have
dismissed
the
Bill
,
when
the
Plantiff
Mr.
St.
Legers's
Right
had
been
asserted
upon
the
Tryal
.
By
the
Decree
the
Appellant
has
all
the
favor
shewed
him
that
was
possible
,
for
altho
the
Verdict
found
no
entail
by
which
the
Court
might
have
concluded
him
,
yet
he
is
left
at
Liberty
to
make
out
an
entail
at
any
time
after
,
and
have
the
benefit
of
it
;
but
he
knows
there
is
,
or
can
be
none
,
for
that
the
whole
Estate
was
Katharine's
Inheritance
,
and
she
out-lived
both
her
Husband
and
her
Eldest
Son
Sir
James
,
and
in
truth
did
no
Act
to
entail
it
,
and
neither
her
Husband
,
or
Son
,
without
her
could
entail
it
.
But
the
great
Trouble
of
the
Cause
is
,
that
Barret
finding
the
matter
upon
the
Intail
to
be
against
him
;
and
that
he
fails
in
his
expectation
of
making
that
out
,
one
Alderman
Dean
,
now
starts
up
to
oppose
the
Decree
.
And
he
pretends
that
he
has
purchased
the
Estate
,
of
Barret
.
And
so
would
render
all
that
has
been
done
voyd
.
But
that
is
very
ill
done
of
him
:
for
he
knew
of
the
Suit
,
and
after
Issue
joined
in
the
Cause
,
has
(
as
is
pretended
)
purchased
;
so
comes
in
pendente
lite
.
And
so
the
Judges
of
Ireland
have
Certified
.
And
therefore
no
Consideration
ought
to
be
had
of
him
.
And
the
Plaintiff
in
the
Decree
(
as
is
humbly
hoped
)
shall
proceed
for
possession
of
the
Estate
,
having
been
hung
up
(
now
seven
years
)
by
this
Appeal
,
from
proceeding
on
the
Decree
.
And
he
hopes
the
Decree
shall
be
Confirmed
having
been
so
Solemnly
made
.
As
to
the
Appellants
Printed
Case
given
out
this
Sessions
,
this
Respondent
conceives
it
needs
no
Answer
,
the
main
of
it
being
a
scandalous
Libel
,
Reflecting
on
his
Grace
the
Lord
Chancellor
of
Ireland
,
and
some
of
the
Judges
,
and
on
all
the
Jury
.
He
therein
gives
your
Lordships
some
Lawyers
opinions
,
hoping
thereby
to
perswade
your
Lordships
into
a
good
Opinion
of
an
ill
Cause
:
Nay
,
he
Prints
Sir
William
Jones
,
and
Sir
Francis
Pembertons
Opinions
,
which
if
they
ever
did
give
,
was
upon
his
mistaking
the
Case
;
for
the
same
Persons
have
given
their
opinion
upon
the
Case
truly
stated
,
with
their
Reasons
for
the
same
.
That
this
Respondent
was
,
and
is
well
Intitled
to
have
the
Decree
,
against
which
the
Appeal
is
brought
,
and
not
only
those
two
,
but
the
late
Chief
Justice
Saunders
,
Judge
Reymond
,
and
Mr.
Holt
,
have
Concurred
therein
.
But
this
Respondent
did
not
think
fit
to
put
the
same
in
Print
,
because
he
is
well
assured
,
he
shall
by
his
Council
give
your
Lordships
at
the
Bar
such
Reasons
,
as
will
Convince
your
Lordships
that
the
Appeal
ought
to
be
dismist
,
and
the
Respondents
Decree
confirmed
.