THAT
Richard
Earl
of
Westmeath
,
(
the
Respondents
Grandfather
)
in
1682.
Borrowed
1500
l.
of
Sir
John
Parker
,
at
10
l.
per Cent
.
on
Security
of
the
Lands
of
Clonine
,
&c.
in
Westmeath
,
(
the
Antient
Seat
of
the
Family
)
Lett
in
1685.
at
110
l.
a
year
,
clear
of
all
Reprizes
,
and
on
Security
of
Lands
in
the
County
of
Roscommon
,
Lett
at
the
time
of
the
Mortgage
to
Nicholas
Mahon
Esq
;
at
210
l.
a
year
,
clear
also
of
Reprizes
.
That
the
Interest
was
paid
to
November
1688.
when
the
Revolution
happened
.
That
after
His
Majesty's
Victory
at
the
Boyne
,
Sir
John
entred
on
the
Westmeath
Estate
,
and
after
Athlone
was
taken
,
on
the
Roscommon
Estate
,
and
Lett
it
at
a
small
Rent
,
tho'
Mahon's
Lease
was
in
being
,
and
he
,
or
those
deriving
under
him
,
well
able
to
hold
the
same
.
That
after
Limerick
was
Reduced
,
(
the
Respondent
being
within
the
Articles
)
applied
to
Sir
John
Parker
for
time
for
the
Payment
of
his
Money
,
it
being
impossible
at
that
Juncture
to
get
any
,
and
that
the
Estate
in
the
mean
time
might
be
Let
to
the
best
Advantage
.
Michaelmas
Term
1691.
But
Sir
John
did
in
Michaelmas
Term
1691.
Exhibit
a
Bill
in
Chancery
against
the
Respondent
to
Foreclose
him
,
and
Sir
John
Parker's
Debt
,
Interest
and
Costs
was
settled
and
increased
from
1500
l.
to
1945
l.
13
s
.
7
d
.
½
q
.
notwithstanding
he
was
in
Possession
of
the
whole
Estate
,
which
was
of
more
then
double
the
Value
of
the
Interest
.
Febr
.
9.
1694.
The
Respondent
was
Decreed
to
pay
the
said
1945
l.
13
s
.
7
d
.
½
q
.
on
the
First
of
Michaelmas
Term
following
,
or
be
Foreclosed
.
But
the
Respondent
discovering
,
that
Sir
John
Parker
(
tho'
a
Mortgagee
only
)
had
settled
the
Premisses
on
his
Marriage
,
whereby
it
could
not
be
Assigned
to
any
Person
that
would
Lend
the
Money
,
informed
the
Court
thereof
.
April
29.
1695.
Who
thereupon
Ordered
Sir
John
should
procure
all
Persons
Interested
to
joyn
in
the
Assigning
and
Enlarged
the
time
for
paying
the
Money
,
to
Hillary
Term
following
.
That
by
two
Orders
of
the
12th
and
17th
of
August
1695.
Sir
Edward
Abney
(
the
Person
Interested
as
Sir
John
Alledged
)
was
Ordered
to
Assign
to
Mr.
Warburton
and
Mr.
Ludlow
the
two
Senior
Six
Clerks
.
Feb.
11.
1695.
Time
Enlarg'd
to
March
25.
1696.
Upon
Application
to
the
Court
by
the
Respondent
for
further
time
,
and
Sir
Thomas
Packenham
a
Gentleman
of
a
good
Estate
then
present
,
offering
to
take
a
Lease
of
the
Mortgaged
Estate
at
300
l.
a
year
;
It
was
Ordered
at
the
Desire
of
Sir
John
Parker's
Council
,
that
a
Master
in
Chancery
should
receive
Proposals
to
Sell
the
Estate
to
the
best
Bidder
,
and
the
Overplus
of
the
Purchase
Money
to
be
paid
to
the
Respondent
,
but
the
time
to
Redeem
was
Enlarged
only
to
the
25th
of
March
following
.
April
3.
1696.
But
the
Appellant
in
the
Name
of
Sir
John
Parker
,
without
mentioning
the
Order
of
the
11th
of
February
,
and
without
Notice
to
the
Respondent
,
did
on
the
3d
of
April
,
by
Retition
to
the
Lord
Chancellor
,
Alledge
that
the
Money
was
not
paid
the
25th
of
March
before
,
whereby
Sir
John's
Estate
became
absolute
,
and
that
the
said
Estate
was
in
the
two
Six
Clerks
by
Sir
Edward
Abney's
Assignment
,
and
that
he
had
Agreed
for
the
Purchase
of
the
Estate
with
the
Appellant
,
and
therefore
prayed
that
the
Six
Clerks
might
Assign
to
him
,
which
was
Ordered
.
April
2
,
3.
1696.
And
they
by
Lease
and
Release
,
the
2d
and
3d
of
the
same
April
,
in
Consideration
of
1945
l.
13
s
.
7
d
.
½
q
.
pretended
then
to
be
paid
by
the
Appellant
to
Sir
John
for
Principal
,
Interest
and
Costs
,
Conveyed
the
Premisses
to
the
Appellant
and
his
Heirs
.
May
9.
1696.
The
Respondent
knowing
nothing
thereof
,
and
having
provided
the
Money
on
the
9th
of
May
following
,
moved
the
Lord
Chancellor
in
open
Court
,
that
Sir
John
Parker
might
receive
his
Money
,
but
the
Appellants
Council
(
to
the
Respondents
great
surprize
)
informed
the
Court
,
that
Sir
John
and
the
Six
Clerks
had
Conveyed
the
Premisses
to
the
Appellant
.
July
9.
1696.
Then
the
Respondent
Petitioned
the
Lord
Chancellor
,
That
the
Appellant
might
receive
his
Money
and
Assign
;
But
the
Lord
Chancellor
declared
,
in
regard
the
Appellant
was
no
Party
in
Court
,
he
could
make
no
Order
,
but
the
Respondent
might
bring
his
Bill
.
Decemb
.
5.
1696.
The
Respondent
Exhibited
his
Bill
against
the
Appellant
,
praying
he
might
discover
his
Title
,
for
what
Consideration
,
and
when
paid
,
and
to
Compel
him
to
receive
his
Money
;
whereto
he
pleaded
,
That
the
Respondent
by
not
finding
a
Purchaser
,
nor
paying
the
Money
on
the
25th
day
of
March
1696.
was
Foreclosed
,
and
that
the
Decree
was
Signed
and
Inrolled
,
and
that
Sir
John
Parker
being
Seized
of
the
Premisses
of
an
absolute
Estate
of
Inheritance
,
and
having
Occasion
for
Money
proposed
to
Sell
the
same
to
the
Appellant
,
and
he
Agreed
to
give
him
1945
l.
13
s
.
7
d
.
½
q.
for
the
Purchase
thereof
:
And
thereupon
the
Petition
was
preferred
by
Sir
John
,
on
which
the
Order
of
the
3d
of
April
1696.
was
made
,
and
that
he
Relied
on
the
said
Conveyances
,
and
that
he
was
a
Purchaser
under
the
Decree
of
the
Court
.
Nov.
19.
1697.
The
Lord
Chancellor
,
upon
Arguing
the
Plea
,
ordered
the
Appellant
to
Answer
,
but
the
Benefit
of
the
Plea
was
reserved
to
the
Hearing
.
That
the
Respondent
in
January
1697.
being
Informed
of
some
ill
Practices
of
the
Appellant
relating
to
the
Premisses
,
immediately
Exhibited
a
Supplemental
Bill
for
the
Discovery
thereof
.
|
For
News
due
to
himself
▪
|
11
|
15
|
0
|
|
paid
Mr.
Jenkins
,
|
2
|
6
|
0
|
|
To
Sir
Johns
Order
,
|
4
|
16
|
0
|
|
More
,
|
2
|
9
|
0
|
|
More
,
|
●…
|
●
|
0
|
|
More
,
|
●…
|
●
|
●…
|
|
More
,
|
3
|
15
|
0
|
|
More
,
|
●…
|
●…
|
0
|
|
More
,
|
●…
|
0
|
0
|
Besides
many
other
small
Payments
.
Whereto
the
Appellant
Answered
and
Confessed
,
That
in
February
1694.
he
Agreed
with
Sir
John
Parker
for
the
Purchase
of
the
Premisses
,
and
then
paid
him
500
l.
in
part
,
and
secured
the
Rest
,
and
thereupon
by
Lease
and
Release
,
dated
the
18th
and
19th
of
February
1694.
Sir
John
Conveyed
all
his
Interest
to
him
,
and
his
Heirs
;
and
that
he
then
Executed
a
Defezance
,
whereby
he
was
to
Convey
the
Premisses
to
the
Respondent
,
in
Case
he
should
pay
the
Money
at
the
day
appointed
,
being
the
first
of
Michaelmas
Term
,
and
Insisted
that
most
part
of
the
said
500
l.
was
paid
in
Guineas
at
1
l.
3
s
.
And
that
the
rest
of
the
Money
he
paid
Sir
John
is
contained
in
the
Schedule
annex'd
to
his
Answer
;
and
thereby
it
appears
,
that
600
l.
of
the
Purchase
Money
was
paid
after
Sir
John's
Death
,
and
most
of
the
rest
is
in
very
small
Payments
,
And
the
Appellant
further
Insisted
on
the
difficulty
of
receiving
his
Money
now
it
has
risen
;
And
the
Damage
he
should
receive
by
the
loss
of
his
Improvements
that
he
made
on
the
Premisses
since
his
Purchase
.
Nov.
14
,
15
,
and
17.
1699.
That
the
Cause
came
on
to
be
heard
on
the
14th
and
15th
of
November
1699.
and
the
Lord
Chancellor
having
duly
Consider'd
the
whole
Matter
,
on
the
17th
of
the
same
month
,
did
Decree
,
That
the
Respondent
should
Redeem
,
paying
the
Appellant
all
the
Money
Decreed
to
the
said
Sir
John
Parker
,
with
Interest
at
10
l.
per Cent
.
in
three
Months
,
together
with
Satisfaction
for
his
Improvements
,
before
the
Filing
the
Respondents
Bill
;
and
also
an
Allowance
for
the
Money
he
paid
Sir
John
at
the
Value
he
paid
it
;
all
which
the
Master
was
to
Ascertain
.
From
which
Decree
Mr.
Mason
hath
brought
an
Appeal
,
insisting
,
That
it
is
Erroneous
,
for
that
he
is
a
Purchaser
under
the
Decree
of
the
Court
,
which
is
Signed
and
Inrolled
.