case John bath appellant robert Conle and another respondent that march the  proviso for redemption in a mortgage be upon payment of the principal money in  silver a payment of this money in silver and brass be no discharge of the  mortgage this do not appear to be the immediate point of the case which seem  govern by its own private circumstance and to afford no precedent decree of  the Irish chancery affirm viner vol p can the appellant have borrow pound of  Luke Conle the father of the respondent for secure the repayment thereof with  interest at pound per cent per and which be the common rate of interest in  Ireland at that time do by indenture of lease and release date the that and  that of June and by fine grant and convey unto the say Luke Conley and his  heir two house in ShopStreet in the town of Drogheda one of they in the tenure  of Richard Jackson alderman and the other of Patrick Dromgoole subject to a  proviso of redemption on payment of the sum of pound every pound weigh four  ounce Troy weight in one entire sum on the that of June and the clear sum of  pound yearly in the mean time as the legal interest of the say pound brown  some time afterward the appellant borrow of the say Luke Conle the brown er p  further sum of pound and for secure the same and also for further secure the  say mortgagemoney amount in the whole to pound the appellant acknowledge a  statutestaple in the penalty of pound and by a indenture of defeasance date  the that of July recite the say mortgage for pound it be agree that the say  statutestaple shall be void on payment of the say sum of pound at the day and  time in the say indenture of release mention with the interest thereof at  pound per cent per and and it be particular agree that the interest of the  pound secure by the say statute only shall constant be pay out of the rend of  the house in the possession of the say Patrick Dromgoole and the same be  accord so pay down to the time of Luke Conlys death but the appellant neglect  to pay the interest of the pound secure by the mortgage and such interest be  great in arrear Conle in December exhibit his bill in the court of chancery in  Ireland against the appellant in order that he may either redeem the say  mortgage premise or stand foreclose but by this bill no demand be make of the  pound lend in it be secure by the statutestaple and not include in the  mortgagedeed in the month of January follow and before the appellant have put  in any answer to the say bill Luke Conle fall sick and be on his deathbed be  prevail upon by the appellant and one Henry Hugh to remit and forgive the  appellant part of the say pound mortgagemoney and accord on the that of  January Conle make his will and thereby devise the say mortgage to his old son  Richard and his other debt and personal estate to the respondent his young son  but at the foot of such will he insert the word follow videlicet memorandum I  have this day agree with Mr John bath for the mortgage I have on alderman  jackson house pay I for the same but a hundred pound sterling at the time of  make this will Richard Conle the testator old son be abroad in foreign part  and it be apprehend that some inconvenience may arise to the family from prove  the same the testator be prevail upon on the same day to make another will  whereby he devise all his real and personal estate to his wife Elinor and  appoint her sole executrix thereof but it be nevertheless the declare  intention of the testator that his say first will shall be observe and fulfil  after the testator death the say Elinor his widow and executrix prove the say  last will and in pursuance of a agreement make by her for perform and fulfil  the say first will she by indenture date the d of August grant convey and  assign unto one Christopher Peppard his heir executor and administrator all  message house and mortgage in fee and also all land judgement statute debt  good brown chattel and real or personal estate so devise to her by the say  testator say last will in trust and to the intent that his say first will may  be perform in this deed notice be take that the testator by his say first will  have remit and forgive the appellant pound to be deduct out of the say pound  and to the execution of this deed the appellant subscribe his name as a  witness after the same have be read in his presence in the say Richard Conle  the testator old son die abroad intestate whereupon the respondent take out  letter of administration to he and upon the death of Elinor their mother which  happen soon afterward they take out administration de good non to the testator  whereby they become entitle to the pound remain due from the appellant and  secure on the say statutestaple but not be able to obtain the same amicable  they sue forth extent on the say statute for recover satisfaction of their say  demand whereupon the appellant on the that of January exhibit his bill in the  court of chancery in Ireland against the respondent to restrain their say  proceed at law suggest that he have in execute other deed of mortgage to the  say Luke Conle for secure the say pound and that by the memorandum at the foot  of the say Luke Conlys first will there only remain pound due for that he have  in pay he pound in silver and brass money in discharge of the mortgage of but  have not take any receipt for the same the respondent have by their answer to  this bill deny that there ever be such new mortgage or that any money be pay  in discharge of the say mortgage of on the d of July follow file their cross  bill against the appellant for a brown er p discovery of this pretend new  mortgage and that he may set forth what deed security or paper he have in his  custody relative to the say pound to this cross bill the appellant put in a  answer and thereby admit the original mortgage in for pound and that in he  borrow the further sum of pound more and enter into the say statutestaple as  well to secure the payment of the pound as of the say pound he also admit that  at the time of enter into the say statutestaple it be agree that the interest  of the pound so lend in shall be pay yearly out of the rend of the house in  the possession of the say Dromgoole but he deny have any deed in his hand  relate to the say pound other than a counterpart of the mortgage for pound and  the defeasance to the say statutestaple he insist however that he have pay  Luke Conle pound in brass money in but that be advice to have satisfaction  acknowledge on the say statute he do not take any receipt for such payment on  the that of February this cross cause be hear before the lord commissioner  when the matter in dispute appear to be whether there be due from the  appellant to the say Luke Conle in pound only or pound their lordship be brown  please to declare their opinion that pound be then due from he but if the  appellant will try it at the peril of cost the court will make a order for  that purpose and the appellant counsel have agree to this proposal it be  accord order that the party shall proceed to a trial at law on the follow  issue videlicet whether after the agreement on the foot of Luke Conlys will in  the plead mention there remain pound or pound due to the say Conle on the  statutestaple and mortgage in the plead mention to be try by a jury of the  county of the city of Dublin at the peril of full cost in the court of common  plea and the sheriff to bring in the grand pannel and the master to strike the  jury notwithstanding the appellant counsel have agree to try this issue yet on  the that of April he apply for and obtain a order to rehear the cause and on  the three of may follow he obtain another order that he may be at liberty at  the rehear to produce witness viva voice to prove a instrument in write allege  to bear date the that January and to be make between Luke Conle and John bath  as the appellant have by his answer deny have any deed in his hand relate to  the pound other than a counterpart of the mortgage for pound and the  defeasance to the statutestaple the respondent on the that of the same month  obtain a order that the appellant shall lodge the say instrument with Mr  dobson his clerk in court and that the respondent may be at liberty to view  the same in the say Mr dobson hand the respondent have accord view this  instrument which purport to be a agreement between the say Luke Conle and the  appellant that only pound remain due of the say pound and it appear to they to  be a forgery they on the that of may obtain a order for liberty to produce  witness viva voice to disprove the say instrument on the that of may the cause  come on to be reheard when the counsel for the respondent insist upon the  production of the say instrument but the appellant be apprehensive that the  forgery have be detect have previous cause the same to be take out of Mr  dobson custody by jane the wife of Nicholas bath the appellant son and the  respondent thereupon produce several affidavit show that the appellant and the  say jane have procure one Fitzgerald to forge the say write the Lord  chancellor be please to order that the cause shall stand in the paper and that  the say Nicholas bath and jane his wife shall attend the court on Monday then  next be the that of may but these person have abscond and Mr dobson on the say  that of may declare that he deliver the say write to the say jane his lordship  order that a attachment shall issue against her on the that of the same month  the cause be further reheard when the chancellor be please to order and decree  that the brown order make on the first hear by the lord commissioner shall be  affirm and that the say issue shall be try with liberty both for the appellant  and respondent to make use of the deposition of such of the witness take in  the cause as by death or other lawful impediment can not attend the trial and  that the appellant shall try the issue in the then next Trinity term or in  default thereof the issue shall be take as find against he brown er p the  appellant neglect to try this issue a order be make on the d of July that the  same shall be take as find against he and it be further order that it shall be  refer to the master to state the account between the appellant and respondent  and that in such account the appellant shall be charge with pound principal  money to be due upon the say statute and mortgage on the that of January with  interest for the same from that time pursuant to this order warrant be serve  upon the appellant agent to attend the master on the say reference but no  person attend another order be make on the that of the same month that the  appellant shall attend the master in ten day or in default thereof the master  be to proceed ex part the appellant still neglect to attend though serve with  further warrant for that purpose the master on the saint of November make his  report ex part and thereby certify that there be due to the respondent for  principal and interest pound S d and on the that of December follow this  report be absolute confirm after all these proceed the appellant think proper  to appeal from the whole of they insist t Lutwyche r Raymond that by the  statutestaple in the first pound as well as the pound then lend be secure  together and a defeasance execute for the same to be void on the appellant  payment of the whole pound and interest at the time therein mention and accord  the interest of the whole be pay till when pound be pay in part of the  principal as aforesaid after which Luke Conle receive only the interest of the  remain pound till his death in that Conle when take ill January be sensible  that he have not give the appellant any discharge for the pound pay in do by  the memorandum under his win declare that only pound be due on the say  mortgage and which it be hope will not be otherwise deem than as part of the  pound unite and secure together as one mortgage by the say statutestaple for  if the fact have not be so or if Conle have mean otherwise he will certain  have declare such meaning that the interest of the say pound have be pay ever  since Luke Conlys death and no demand be make by the respondent of any other  principalmoney or interest till some short time before the appellant bill as  to the objection that Conle some little time before his death exhibit his bill  against the appellant to be pay the pound first advance and that one Hugh a  priest brown prevail on he to insert the say memorandum under his will and  remit pound to the appellant of the say first pound it be answer that for  above three year after the say pound be pay Conle receive the interest of the  remain pound and never demand more of any principal or interest be mind  however to be pay his money due he do about the beginning of exhibit his bill  and thereby as usual charge the whole money lend leave the discharge on the  appellant part but he be so conscious of his injustice therein that he drop  the same and require no answer and afterward declare as aforesaid that only  pound be remain due and as to the insinuation about Hugh the priest nothing be  prove concern the same but by one Thomas who evidence be falsify on the other  side it be say c Phipps S mead that it evident appear throughout the whole  cause that there never be any other deed of mortgage for the pound but that in  and by the memorandum at the foot of Luke Conlys will it be plain express that  pound do then remain due on the say mortgage over and above the pound secure  by the say statutestaple only that the appellant attempt to prove that in  February he pay Conle pound in the base coin which be issue in Ireland by king  James two in the time of the late war there but that fail in this proof the  whole of his evidence be only hearsay he attempt to set up a forge write to  supply the defect of such evidence that if such payment have be make in brass  money the mortgage can not thereby be discharge the proviso be special for  payment of the money in silver and where brass money have be pay in Ireland in  discharge of debt contract before that base coin be make current the court of  equity there have only allow what such brass money may have be exchange for in  silver at the time of payment which in February be very inconsiderable that  the respondent have prove in the cause that Luke Conle at the instance of Hugh  do remit and forgive the appellant pound only and brown er p by the bill which  he file in it may also be reasonable infer that he be not then pay that the  appellant have meet with all reasonable indulgence in the court of chancery  and may have try the issue and attend the master on take the account but for  his own default and as it manifest appear that on the that of January the  appellant remain indebt in pound on the mortgage and also in pound on the  statutestaple it be apprehend that he be not entitle to have any issue direct  to try the quantum of such debt accord after hear counsel on this appeal it be  order and adjudge that the same shall be dismiss and the several decretal  order report and confirmation thereof complain of in the say appeal affirm and  it be further order that the appellant shall pay to the respondent the sum of  pound for their cost in respect of the say appeal jour vol p