case henry monroe plaintiff lord kerry defendant in error d march Mews dig  yiii in a action of debt for rend receive upon a lease where the title of the  land be not in question the defendant be estopped from say the lease be not a  good one as that be a lease for life it can not be grant without livery and  seize or by lease and release or bargain and sale and that be a lease of a  freehold it can not commence in going to be for let the lease be what it will  the covenant be good and if otherwise the tenant may enjoy the land and yet  the landlord have no remedy for his rend by indenture date the that of may  Lord kerry demise to the plaintiff the town and land of Knocklegane in the  parish of Duagh in the county of kerry for the natural life of himself and  jane his wife and Daniel Monroe their old son and the life of the long liver  of they to commence from the that day of the same month under the yearly rend  of for the two first year for the six next year and S for the residue of the  term Payable half yearly and by this lease the plaintiff covenant to pay the  say reserve yearly rend at the respective time therein before mention in  Michaelmas term Lord kerry bring a action against the plaintiff in the court  of exchequer in Ireland for six year brown arrear of rend due upon this lease  amount to S and judgement have be obtain by default a writ of inquiry be on  the d of December execute before the Lord chief baron Rochfort when the jury  find S d damage and d cost and thereupon final judgement be enter up for the  same and for S d increase cost amount in the whole to S d which judgement be  afterward affirm upon a writ of error in the exchequer Chamber of Ireland but  to reverse this judgement and the affirmance of it the plaintiff bring a writ  of error in parliament and on his behalf it be insist W Salkeld that the lease  grant by Lord kerry be a lease for life which can not be without livery and  seize or lease and release or bargain and sale and that therefore this be a  estate for life by a bare indenture of demise without livery be void by the  rule of the commonlaw that the lease bear date the that of may to commence  from the that day of the same month and be a lease of a freehold to commence  in going to be be void and contrary to the know and settle rule of law beside  these argument the circumstance of the case be much rely on as be peculiar  hard and oppressive The plaintiff be a colonel in the army and happen to be at  Londonderry in the year when that place be besiege by the force of the late  king James he raise man and arm for its defence brown er p and have serve  during all the Irish war there remain a arrear of pay due to he and his  regiment amount to above l not be able to recover this money he betake himself  to farm in order to support his numerous family which consist of a wife and  eleven child and with that view he take the lease in question and carry with  he nineteen protestant family consist of about person from the county of down  to the north of Ireland above mile distant together with their cattle and  stock to cultivate this farm of Knocklegane and place a protestant colony  there but upon his arrival he find it occupy by one James Dooley a Irish  papist who claim the great and best part thereof under a prior lease grant by  Lord kerry and who with force and arm obstruct the plaintiff in take  possession and threaten to raise all the papist of the country upon he if he  do not desist from his purpose the plaintiff be thus oppose never get  possession of any part of the premise and the family he bring with he have  lose their stock and cattle and be utter ruin and impoverish he be oblige to  carry they back again to the county of down and make they satisfaction for  their loss and be thereby damnified to the amount of l and upward without ever  receive any recompense from Lord kerry though his lordship be often apply to  for that purpose however about Christmas the plaintiff with Lord Kerrys  consent assign over his interest in the lease to one John Welsh who be tenant  to his lordship of other land brown and by who he be accept as tenant of these  and thereupon the plaintiff retire to the management of his farm in the county  of down and hold himself effectual discharge from the covenant of this lease  it be true that the plaintiff never pay any rend for this farm but it be also  true that Welsh pay the reserve rend of it for some time to Lord kerry or his  steward who receive the same from he as the plaintiff assignee but Welsh  become insolvent the present action be bring against the plaintiff for the  rend in arrear without ever make any demand for the same otherwise than by  arrest he for the whole sum therefore as these fact be undeniable true and as  the plaintiff not only never have possession of the premise but have sustain  so great a loss in endeavour to get possession it be hope that he will not  appear to act unjust in attempt to avoid this lease on the legal ground before  state the fact of the plaintiff case be not controvert by the defendant but on  his behalf it be contend t powys S Dodd that this be a action of covenant upon  a deed or indenture under the hand and seal of the plaintiff and the title of  the land not be in question he be estopped from say the lease be not a good  lease for let the lease be what it will whether for life or at will the  covenant be good and if otherwise the tenant may enjoy the land and yet the  landlord have no remedy for his rend and accord after hear counsel on this  writ of error it be order and adjudge that the judgement give in the court of  exchequer in Ireland and the affirmance thereof in the exchequer Chamber shall  be affirm and that the record shall be remit to the end execution may he have  thereupon as if no such writ of error have be bring into the house jour vol p