The state of the Case upon a Decree against the Lord Chancellor of Ireland by the Lord Deputy and council there: as also of the Commitment of the Lord Chancellor, and taking from him the seal of that kingdom.  
THAT about Anno 1620. There was a proposition made for a marriage to be had between Sir Robert Loftus the Lord chancellor's eldest Son, and Elinor one of the daughters of Sir Francis Rushy. That the person employed herein between the Fathers, was only Sir William Cooley, who married the daughter of the Lady Rushy by Mr. Gifford her former husband. That the Marriage took effect Anno 1620. 1750 li. portion given. And Sir Robert and his Lady, and family lived in the Lord chancellor's house, and at his charge in a plentiful manner, without any complaint, until about anno 1636. That there was not any complaint by Sir Francis Rushy, who lived divers years, 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 son of Sir Francis Rushy, a fair inheritance befell to the young Lady Loftus, and two other sisters whereof Sir George Wentworth the Lord Deputies brother, about four years since married the one. This thus resting for many years, The Lord Chancellors estate he had at the time of his son's marriage much improved, and a fair addition since by purchase. A fair inheritance settled upon Sir Robert his eldest son. A jointure upon his Lady A dignity and honour upon his second son, he married and having issue, and the Lord Chancellor bound in justice and Honour to perform an agreement made upon his second son's marriage. A daughter mariagable and unpreferred. Himself, Lady and family to be supported according to the place and honour he bears. Debts to be provided for. And servants of good deserving in some sort agreeing to honour recompensed. About Michaelmas Anno 1636. a Petition is here preferred to his Majesty in the name of Sir John Gifford, a half 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 been for present maintenance. No settling of estate. No jointure made. That the Lord Chancellor was become disaffected to Sir Robert his eldest son, and inclined to Sir Edward a second son, who had no issue male, and in failer of issue male by him, to the issue male of a daughter, rather than to the heirs general of his eldest son whereby is prayed. That this agreement being properly relievable in equity where the Lord Chancellor is both judge and Party, that the same might be referred, heard and determined per Lord Deputy and counsel, where witnesses might be examined, the cause heard, all conveyances 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 son, 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 special 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 John Gifford is preferred to the Lord Deputy and counsel there, a Petition in the nature of a Bill. This differs from the former Petition to the King.  
Differences between 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 heirs of his body, and in particular mentions the manor 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 son only 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. upon these complaints that are thus different in main points. That are stirred up by the petition of a stranger, and not upon the complaint of his son, or his Lady, nor moved by Sir Francis Rushy nor his Lady. Not stirred until Sir George Wentworth had married a sister and coheir of Sir Robert Loftus Lady grounded upon a pretended verbal agreement of 16. years 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 than that the Lord Chancellor said unto him as a message to deliver Sir Francis Rushy, I will leave unto my son 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 jointure better than 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 Robert's debts shall not be allowed as any part of the arreeres of 200. li. per annum decreed against him. That for other sums proved paid per Lo: Chancellor to Sir Robert (in regard strictness is not to be used between 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 jointure 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 heirs 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 be settled per Commissioners, chargeable only with the thirds of the Lo: chancellor's Lady the jointure of Sir Robert the son's 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 join in a fine and farther assurance, as the council and that Board should think fit. And that the lands called crew 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 years, 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.  
Several references with Commissions are awarded to settle the sum of the arrearage, of the 200. li. per annum with interest, decreed for Sir Robert's maintenance, and to inquire and certify 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 seal. The Lo: Chancellor coming the next day without it is committed, and the seal taken from him. And under that commitment is continued prisoner for 15. months; in which time his chaplains access to him, petitioned for, is denied. The 17. of July 1638. the arrearage 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, sequestered. A Statute of 4000 li. that my Lord Loftus should not interrupt the payment of the rents and profits to Sir Paul Davis clerk of the council, who was appointed to receive them. That in execution of this decree the whole estate was conveyed 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 counsel at the bar, but alleged the same was by him paid over to Sir George Wentworth by order of the Board, and a copy of his aquittance proved. The causes of reversal are,  
1. It appears to be a suit begun not by the party concerned although no defect of nonage or other appeared in him. 2. It appears it was without bis assent, and contrary to his will. 3. All the colourable grounds to proceed in it, at the council 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 main points from that transmitted. 5. it is a decree of an estate of inheritance at the council Table. 6. It is a decree grounded upon a verbal agreement 16. years old 7. It is built upon the single testimony of Sir William Coolie, and that in the books very uncertain and various. 8. Whereas the support of the honour in the heir Male was principally desired, and settlement accordingly recommended by His Majesty, this contrary to the said direction and petition decreeth and hath enforced the conveyances, whereby the heir 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 son. 9 It chargeth the father with the whole arrears for maintenance with Interest where the father maintained bis son and family to his great charge without complaint. 10. It exacteth of the father notwithstanding lands settled of 3000. pound per annum where the pretence is but of 1500. pound per annum, to be debtor, and to purchase 55. pound per an. to supply the values, when his whole estate was taken away, and this upon a mere 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 heir Male to 200. pound per annum for life, which was not pretended to be any part of the agreement, in the Petition to His majesty, and his son 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 heirs, and all the evidences redelivered which are in any of their hands, or in the hands of the clerk of the council. 3. The mean profits taken by virtue 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 removal from the place he did bear, as also for his costs and damages, may according to the transmission of the House of Commons be repaired.