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what number of acres did he so pass, on what account or to what end did he so pass them in his own name, and was his so doing contrary to the trust reposed in him?
8.Do you know of a compromise made to Deft. on exchange of the lands one with another as to prosecuting Hughes to recover the lands in the barony of Leyney, and at where charge was same to be prosecuted? Did not Plt. undertake the same, and on what account was his said undertaking and inducement to make the exchange? What was the disproportion of the exchange, and was not that which Plt. had from Deft. better and greater in quantity of acres? How much so better and greater number of acres had Plt. from Deft. in exchange than Deft. had from Plt.
9.What do you know as to commencing of a suit in the Court of Exchequer in Deft.’s name to be received agst. Capt. Hughes? Was not Deft. admitted to sue in forma pauperis? Was not Plt. to bear all costs and charges of the suit? Was there a Decree given agst. Hughes for the lands in barony of Leyney, and was not Deft. to have full benefit of the Decree, and whether the same is not sd Decree now produced to you?
10.Do you know as to Plt. having any lands set out by way of reprizalls for lands in barony of Corran, when were they set out and who hath possessed and enjoyed same which same were so set out? Hath not Plt. held and still doth deny Deft. the benefit of the reprizalls?
Dated 13 May 1681.
Deposition for the Deft. Taken before Henry Crofton Esq., Commissioner on behalf of John Rea, Plt., and Thomas Plunkett and John Palmer, gents. Commissioners on behalf of Deft. Deposition taken 18 July 1681:
Robert Johnson of Toneregoe, co. Sligo, age 50. (1) knows Plt. and Deft. these 20 years. Knew Wm. Betty for 10 years before he died. Did not know the Earl of Carlingford. (2) There were lands set out on account of the Debenture of Wm Betty (father of Deft.) for his service in Ireland, to wit: half a Quarter in Dromrane and Lislea in the barony of Corran and some acres in Tullycossin More, and that same were set out after the death of Wm. Betty about 24 or 25 years ago. (3) That Wm. Betty had no reprizall in his lifetime. (4) Knows nothing of an agreement between Plt. and Cap. Hughes to exhibit a claim for lands of Tullycossin Begg and Tullycossin More in the Court of Claims, but that something fell to Deft. in Tullycossin More but does not know how many acres. That the lands of Tullycossin Begg and remainder of Tullycossin More fell to Plt. both parcels containing 50 acres. (5) That Plt. gave Henry Hughes £10 to procure to Plt. a lease of the lands of Lislea from the Earl of Carlingford, part whereof were set out to Wm. Betty, late father to Deft., and that Hughes did accordingly procure the lease from the Earl of Carlingford. (6) This Deponent was in the house of Aky Trumble when Plt.. turned over all his interest in Tullycossin Begg and Tyullucosssin More to Deft. David Betty for his interest in the lands of Corran about 7 or 8 years ago, but heard nothing of the reprizalls. Does not know what number of acres he exchanged, but that Plt. exchanged all he had. (7)Nil. (8) That Plt. promised to assist Deft. With all the money he could get to prosecute the suit agst. Hughes, but which was the better exchange he knows not. (9) that a suit was commenced in
