The state of the Case upon a Decree against the Lord Chancellor of Ireland by the Lord Deputy and Councell there: as also of the Commitment of the Lord Chancellor, and taking from him the Seale of that Kingdome.

THAT about Anno 1620. There was a proposition made for a marriage to be had between Sir Robert Loftus the Lord Chancellors eldest Son, and Elinor one of the daugh­ters of Sir Francis Rushy. That the person employed herein betweene the Fathers, was only Sir William Cooley, who married the daughter of the Lady Rushy by Mr. Gifford her former husband. That the Marriage tooke effect Anno 1620. 1750 li. portion given. And Sir Robert and his Lady, and family lived in the Lord Chancellors house, and at his charge in a plentifull manner, without any complaint, untill about anno 1636. That there was not any complaint by Sir Francis Rushy, who lived divers yeares, nor by his Lady, since by Bill or Petition against the Lord Chancellor either for present maintenance of the young couple, jointure or settlement of estate. That by the death of Thomas Rushy sonne of Sir Francis Rushy, a faire inheritance befell to the young Lady Loftus, and two other sisters whereof Sir George Wentworth the Lord Deputies brother, about foure yeares since married the one. This thus resting for many yeares, The Lord Chancellors estate he had at the time of his sonnes marriage much improved, and a faire addition since by purchase. A faire inheritance settled upon Sir Robert his eldest sonne. A jointure upon his Lady A dignity and honour upon his second sonne, he married and having issue, and the Lord Chancellor bound in Iustice and Honour to performe an agreement made upon his second sons marriage. A daughter mariagable and unpreferred. Himselfe, Lady and family to be supported according to the place and honour he beares. Debts to be provided for. And servants of good deserving in some sort agreeing to honour recompenced. About Michaelmas Anno 1636. a Petition is here preferred to his Majesty in the name of Sir Iohn Gifford, a halfe brother to Sir Robert Loftus his Lady. Thereby is informed that the Lord Chancellor in consideration of the said marriage and 1750 li. portion did agree to settle upon Sir Robert 1500 li. per an. with hope of further increase. For present maintenance 200 li. per annum. For jointure 300 li. per annum. That he excused to set his agreement in writing, but protested the performance. That the portion was paid. The performance long expected. That no allowance hath beene for present maintenance. No settling of estate. No jointure made. That the Lord Chancellor was become disaffected to Sir Robert his eldest sonne, and inclined to Sir Edward a second sonne, who had no issue male, and in failer of issue male by him, to the issue male of a daughter, rather then to the heires generall of his eldest sonne whereby is prayed. That this agreement being properly relievable in equity where the Lord Chancellor is both Iudge and Party, that the same might be referred, heard and determined per Lord Deputy and Counsell, where witnesses might be examined, the cause heard, all conveiances produced of Lands whereof the Lord Chancellor was possessed of at the time of the marriage. A discovery of what estate by him made to Sir Edward his younger sonne, and a restraint of any far­ther estate to be made. Agreeable to this prayer, there is procured from his Majesty a letter 9. Feb. 1636. to the Lord Deputy, with a speciall intimation of his Majesty, of a care of a settlement to be had for support of the honour. Hereupon 7. Martii, 1636. in the name of Sir Iohn Gifford is preferred to the Lord Deputy and Counsell there, a Petition in the nature of a Bill. This differs from the former Petition to the King.

Differences betweene the Petition to the King, and that to the Lord Deputy.

This informing the 1500. li. per annum pretended by the former petition, was agreed to be [...] upon Sir Robert Loftus, Should be 1500. li. per annum of the then present value, and to be settled upon Sir Robert, and upon the heires of his body, and in particular mentions the Mannor of Mounstreven. That to the King pretending the agreement was the Lord Chancellor would settle 1500. li. per annum, with hope of a further increase. This chargeth him to have agreed to settle all he had and should have, and provide for Sir Ed­ward his second sonne onely an annuity of 200. li. per annum. Whereas that to the King chargeth 200. li. per annum to be given for present maintenance of the young couple. This chargeth farther, it was agreed Sir Robert, his Lady and family should live in house of the Lord Chancellor at his charge, or have allowance for it, and also 200. li. per annum. Vpon these complaints that are thus different in maine points. That are stirred up by the petition of a stranger, and not upon the complaint of his sonne, or his Lady, nor moved by Sir Francis Rushy nor his Lady. Not stirred untill Sir George Wentworth had married a sister and coheire of Sir Robert Loftus Lady grounded upon a pretended verball agreement of 16. yeares old, which no Court of justice admits. Proved but by the single testimony of Sir William Cooley, which no Court of justice grounds a Decree upon, and is no more then that the Lord Chancellor said unto him as a message to deliver Sir Francis Rushy, I will leave unto my sonne Sir Robert Loftus my house and lands of Mounstreven, and other lands to the value of 1200. li. in Ireland and England, and if it please God to spare me life and health, I hope I shall be able to leave him more, and said he would make a Ioynture better then the portion, and would give them so long as they lived with him 200. li. per annum for maintenance, and if they lived from him 200. li. and Dronmaugh to live on. Yet doth the Decree complained of adjudge the Lord Chancellor. 1. To pay from the time of the marriage the 200. li. per annum adjudged to be wholly unpaid, and interest for it, but at 10. li. per centum. To estate upon Sir Robert Dronmaugh, and 200. li. per annum, and put him in possession of the same. That 2000. li. lately paid per Lo: Chancellor for Sir Ro­berts debts shall not be allowed as any part of the arreeres of 200. li. per annum decreed against him. That for other summes proved payed per Lo: Chancellor to Sir Robert (in re­gard strictnesse is not to be used betweene father and son) the Auditor directed to collect them, and then farther consideration to be had of the allowance of them. That for as much as the Lord Chancellor had said upon the treaty, the Ioynture should exceed in proportion, the 1750. li. portion given, the same decreed to be 300. li. per annum of lands, as the value stood at Michaelmas next after the marriage, which are more by improvement above 800. li. per annum. That the Lord Chancellor shall settle likewise upon Sir Robert, and the heyres of his body begotten on the body of Ellenor, lands of the value of 1200. li. as the same were at Michaelmas next after the marriage, the value to bee settled per Commis­sioners, chargeable onely with the thirds of the Lo: Chancellors Lady the jointure of Sir Robert the sons Lady and 200. li. per annum annuity to Sir Edward Loftus during his life. And that for settling the same that the Lord Chancellor and Sir Edward procure their Ladies to joyne in a fine and farther assurance, as the Councell and that Board should thinke fit. And that the lands called Criew Eustace being a purchase after the marriage, and taken by the Lord Chancellor in the name of Sir Robert Loftus his son in trust, and granted by the Lo: Chancellor to Sir Edward his second son for 1000. yeares, should (if otherwise there were sufficient to supply the 1200. li. per annum) be settled likewise with Sir Robert in man­ner aforesaid, otherwise to be cast into the value of 1200. li. per annum.

This thus decreed 1. Febr. 1637.

Severall references with Commissions are awarded to settle the summe of the arrerage, of the 200. li. per annum with interest, decreed for Sir Roberts maintenance, and to inquire and certifie the value of the Lord Chancellors lands which he had at the time of the marriage, or purchased since, with reference to the time of the marriage. These references being on foot, the Lord Chancellor (no cause being intimated in the Order) or warrant of the 20. of April 1638. is commanded upon his allegiance to bring and deliver the great Seale. The Lo: Chancellor comming the next day without it is committed, and the Seale taken from him. And under that commitment is continued prisoner for 15. moneths; in which time his Chaplaines accesse to him, petitioned for, is denyed. The 17. of Iuly 1638. the arrerage of the 200. li. per annum maintenance for Sir Robert with the interest is estated to be 3179. li. 6. s. 5. d. and ordered to be paid. 18. Ianuar. 1639. his whole revenue, entertainment, fees and pensions, sequestred. A Statute of 4000 li. that my Lord Loftus should not interrupt the payment of the rents and profits to Sir Paul Davis Clarke of the Councell, who was appointed to receive them. That in execution of this decree the whole estate was conveied unto Robert Lord Dillon, Sir Adam Loftus, Sir Philip Mannering in trust. The 3179 li. 6 s. 5 d. levied and paid into Sir Paul Davis, and so by him ac­knowledged by his answer in this House, and by his counsell at the barre, but alledged the same was by him paid over to Sir George Wentworth by order of the Board, and a coppy of his aquittance proved. The causes of reversall are,

1. It appeares to be a sute begunne not by the party concerned although no defect of nonage or other appeared in him. 2. It appeares it was without bis assent, and contrary to his will. 3. All the colourable grounds to proceed in it, at the Councell Table; was a Petition presented here to His Majesty and transmitted in a letter. 4. The proceedings there had is upon another Petition differing in the maine points from that transmitted. 5. Jt is a decree of an estate of inheritance at the Councell Table. 6. It is a decree grounded upon a verball agreement 16. yeeres old 7. It is built upon the single testimony of Sir William Coolie, and that in the bookes very uncertaine and various. 8. Whereas the support of the honour in the heire Male was principally desired, and settlement accordingly recommended by His Majesty, this contrary to the said direction and petition decreeth and hath inforced the conveiances, whereby the heire Male is disinherited, the honour exposed to contempt, for want of support by the estate, and the lands come to a daughter, for whom the Deputy had before the decree made a contract for his Sonne. 9. It chargeth the father with the whole arreares for maintenance with Interest where the father maintained bis sonne and family to his great charge without complaint. 10. It exacteth of the father notwithstanding lands setled of 3000. pound per annum where the pretence is but of 1500. pound per annum, to be debter, and to purchase 55. pound per an. to supply the values, when his whole estate was taken away, and this upon a meere conceit that the father was to settle lands of the value pretended as they were at the time of the Marriage. 11. It reduceth the now heire Male to 200. pound per annum for life, which was not pretended to be any part of the agreement, in the Petition to His Majestie, and his sonne upon whom the honour is to descend to have nothing.

It is humbly prayed,

1. That the decree & all proceedings had, and acts done in pursuance thereof may be declared void, and the same reversed. 2. That reconveiances may be made by the Feoffees to the Lord Loftus and his heires, and all the evidences redelivered which are in any of their hands, or in the hands of the Clarke of the Councell. 3. The meane profits taken by vertue of the sequestration, may by Sir Paul Davis, or Sir George Wentworth be repaid with damages. 4. That the 4000 li. statute may be vacated. 5. And lastly, that the Petitioner for his commitment, unjust removall from the place he did beare, as also for his costs and damages, may according to the transmission of the House of Commons be repaired.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.