case whistler against aley a promise to pay so much if the government of  Ireland be not surrender to the prince of orange by that or any other title on  or before such a day shall be intend to mean if the actual administration be  not surrender to he for he be by law entitle to the government before the day  and the word by that or any other title show that the meaning be not the  government he then have declaration in case pro eastern quod cum the defendant  in consideration that the plaintiff have pay he three guinea he promise to pay  the plaintiff fifty pound in case the government of Ireland be not surrender  or take into the hand or power of the prince or princess of orange whether  they shall have their then present or any other title or to some other person  or person commission by they or one of they or to the use of they or one of  they on or before the that day of shower KB er p December then next follow and  aver that at the time of make the promise and always after to the say that of  December William Henry and lady mary his wife shower KB now king and queen of  England be prince and princess of orange and that the government of Ireland at  any time after make of the promise and before or upon the say that of December  be not surrender or take into the hand or power of the prince or princess of  orange or to any person or person commission by they or either of they or to  their or either of their use and lie a that is not owed assumpsit for fifty  pound have to the plaintiff use we plead as to the second promise that non  assumpsit modus et form and issue join thereon and as to the first action non  because the government of Ireland be take into the power of the now king and  queen before the say that of December videlicet the that the plaintiff reply  that it be not take or surrender et hoc petit quod to seek after per native  land and the defendant similiter on the trial of this issue we justify for the  debt that by the acceptance of the crown the that of February after the wager  lie they be real et de facto king and queen of Ireland that by poyning Act the  same be annex to and dependent on the crown of England a that the same law  govern both that be sovereign of England they be so of Ireland and though they  have not the actual administration of the government there then of the whole  yet of Londonderry and some little part there adjacent they have and do  appoint officer thereabouts both civil and military that if it must be intend  of the whole kingdom then Scotland may as well be say not to be in their hand  because some of the highland be under those who own not the present authority  to the first it be answer that it must be mean the actual administration and  that be not in their hand at that time that the word whatsoever title c show  it be the meaning of the party that it shall be the actual administration and  that public notice tell every man it be under another administration at that  time and of that opinion be holt chief justice and accord there be a general  verdict for the plaintiff but he give we leave to move the court next day and  so we do but all the court be of the same opinion with the plaintiff and  accord he have his judgement note it seem strange to I they shall countenance  such wager and permit it to be find by verdict upon record and judgement  accord that the government of Ireland be not in their hand but their opinion  seem to be ground on shower KB the case of Grinstall v aucher side of the bind  for payment of fifty pound after the restoration of king Charles the judge  construe it to be mean king Charles the first accord to the circumstance of  thing at the time of make the bind b