THE CASE OF The Ladies Margaret, Catherine, and Elizabeth Mc Carty, Daughters of Calaghan late Earl of Clancarty.

THe said Calaghan, Earl of Clancarty, gave his Councel instructions to draw a Settlement of his Estate, and therein to Charge the same with Four Thousand Pounds Portion for each of his Daughters, but he suddenly dying intestate of an Apoplexy, before the said Settlement could be got ready, his said Daughters, who always were, and still are Protestants, were l [...]ft unprovided for.

By the said Earl's Death, his Estate of the yearly Value of 9000 l. descended to his Son Donogh, now Earl of Clancarty, then under Age, who was so sensible of what his Father designed for his said Sisters, that, to satisfie them, and as a further Tye upon himself to provide for them, when he came of Age, he by Deed charged his said Estate with 4000 l. Portion for each of them.

The said Estate being much incumbred, a great part thereof was extended, and possessed by Creditors, after the Death of the said Earl, and the Countess of Clancarty, the now Earl's Mother, kept out of her Dower, or Thirds, from the time of his decease, which happened in the Year 1676, until the Year 1682, at which time she had Judgment to recover a third part of the said Earl's Estate for her Dower, and thereby also reco­vered 6280 l. for her Damages for the detention of her said Dower for so long a time.

The said Countess, at the request of her Son, the now Earl of Clancarty, to whom she was Guardian, paid several Debts, which were charged upon the said Estate, and ingaged to pay 2000 l. part of the Marriage-Portion of the Lady Hellen, her Daughter, another Sister of the present Earl of Clancarty, left also unprovided for by her Father, which Sum of 2000 l. and the Debt so paid, and discharged as aforesaid, amount to 5784 l. 17 s. 8 d. as by the Report of the Atturney-General in Ireland, and the Lords of the Treasury in England ready to be produced, may appear.

Before the said Countess or Daughters could receive any of the said several Sums or Portions, the said Earl's Estate was seized into their Majesties Hands, on account of the late Troubles.

The House of Lords in England, in the Year 1690, had such a consideration for the Case of the said Countess, and her Daughters, that they made a Proviso for charging the said Estate with the said Countess's Debts, and 4000 l. apiece to her three Daughters, in a Bill, then depending for vesting the Forfeitures of Ireland in his Majesty, for the use of the War, but the Parliament was Prorogued before the said Bill received the Royal Assent.

The said Countess thereupon petitioned his Majesty in 1692, and an Order of Reference was thereupon made to the Atturney-General of Ireland; and, on his Report, a Reference to the Lords of the Treasury in England; who reported the said Countess right to 6280 l. for detention of her Dower, and also to the said 5784 l. 17 s. 8 d. which so satisfied his Majesty of the Justice and Equity of her Pretensions, that on the 23th Day of March, 1691/3. he was graciously pleased to order the said Sums to be paid her out of the Rents and Profits of the said forfeited Estate; which Order meeting with unusual and unexpected Delays in Ireland, her late Majesty, of ever blessed Memory, gave the said Countess a Letter, under her Royal Signet, or Sign Manual, bearing Date the 11th Day of July, 1693, to pass Patent, in order to receive the said several Sums out of the said forfeited Estate; and likewise gave Assurances, that the said Countess's three Daughters should each have the same Portion of 4000 l. as was designed them, and as she gave to her eldest Daughter; but be­fore the said Countess, or her said Daughters could have any benefit of the said Grants, or prevail to have the same pass the Seals, the whole Estate was granted to the Lord Woodstock, who had better success in pas­sing Patent, without any the least provision for the said Countess or Daughters, or any notice taken of her said Grants, or of several Caveatestentered against the said Lords passing Patent of the said Estate.

The said Countess, having lived some Years in Misery, and being quite spent and fatigued by her Solicitation about this Affair, and worried by Creditors, who, upon the Credit of this Debt, advanced Money for the managing and carrying on her said Business, and for the Support of her self and her Daughters; and seeing by these Disappointments, all her Credit failing, and no way left her to pay what she owed; or to keep her self or her said Daughters from the greatest Distress and Want, she died, leaving her said Daughters in a most deplorable Condition, without any the least Subsistance, and exposed to all the Calamities that can attend Persons of their Age, Sex, and Circumstances.

Therefore the said Ladies, Margaret, Elizabeth, and Catherine, being all Protestants, do humbly address them­selves to the Honour and Justice of the great and wise Councel, the Parliament of England, for Relief in their most deplorable Condition; especially having received Incouragements to hope for it from their Majesties, and the most noble House of Lords in favour of the present Case, as it is here set forth, by granting them the like Proviso in the present Bill, that the House of Lords in the Year 1690, ordered to be added to the Bill, for vesting the forfeited Estates in his Majesty for the use of the War; or otherwise, to give leave to bring in a Bill for charging their Brother's Estate, with their Portions and Mother's just Debts or any other Fund, in such a manner as to their great Wisdom shall seem meet.

And the Parties to this Case, have this farther to say for themselves, That they are so many innocent Persons and miserably necessitous to the highest Degree of Distress; to which may be added, the Consideration of their Sex and Quality: In all which Regards, over and above the Equity of their Pretentions, they hope to be found proper Objects of Christian Charity, Humanity, and Common Justice.

THE CASE OF The Ladies Margaret, Catherine, and Elizabeth Mc Carty, Daughters of Calaghan, late Earl of Clancarty.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.