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A93822 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 commitiment of the Lord Chancellor, and taking from him the seale of that kingdome. Ireland. Parliament. 1642 (1642) Wing S5316; Thomason 669.f.6[16]; ESTC R211855 4,289 1

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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. livre. 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