CHAPTER
XXVII
Reign of Queen Anne A.D. 1702 to
A.D. 1714
ANNE, daughter of James II. ascended the throne,
on
the death of her brother-in-law, William III.
ABSTRACT OF CONVEYANCES FROM THE
TRUSTEES OF THE FORFEITED ESTATES AND INTERESTS IN IRELAND, IN 1688.
COUNTY OF CARLOW
To Sir William Robinson, of Dublin, Ant., 15th May,
1703; consideration, five hundred and eight pounds. The town and lands
of Ballylane, one hundred and fifty acres; barony of Forth.
The estate of Charles Byrne, attainted. — Inrolled
7th May, 1703.
John Asgill, of Ross-castle, Esq.— 23rd June,
1703.— The manor, capital messuage or mansion house of Dunleckney, and
all other the estate of Dudley Bagnall, Esq., attainted, for his life,
with such remainder in fee as was left in him by his settlement. - Inrolled 28 M July, 1703.
Richard Wolsley, of Mount-Arran, county Carlow,
Esq., 17th June, 1703; consideration, seven hundred and fifty pounds.
The lands of Dunore, two hundred and twenty-seven acres, three roods and
twenty-four perches. — Killmalapoge, one hundred and seventy-five acres.
— Total rent, six pounds, thirteen shillings and ten pence half-penny ;
barony of Idrone. — The estate in fee-simple of Dudley Bagnall,
attainted, but were claimed by Anne his wife, Walter his eldest son, and
other his cousins, daughters, or relations, for several particular
estates and in cumbrances pretended to be to them limited by two deeds
of settlement, dated 7th May, 1688, and 17th October, 1688, which claims
the trustees did not allow.— Inrolled 30th July, 1703.
Thomas Burdett, of Garrahill, Esq., 16th June, 1703
; consideration, one hundred and three pounds. — The lands of Tobbernoha,
thirty-four acres — part of Ballymore adjoining to Garrahill. To hold
these during Bagnal's life only. — The rent service or chiefry of five
pounds four shillings a year out of Seskinryan and Gormanagh; barony of
Idrone. — The estate of Dudley Bagnall, Esq., attainted.— Inrolled 30lh
July,1703.
Maurice Warren, of Nurny, county Carlow, Esq., 14th
June, 1703; consideration, one thousand and fifty-seven pounds. The town
and lands of Nurny and Ballinvally, Ballan and Coniger, Cappaghwater,
Laraghteige and Garryoung, Ballykeeneen, Aghaclare, Cooleneshigan ;
barony Forth. — The estate of John Warren, attainted. To hold to him and
his heirs. — Inrolled 7thJuly, 1703.
Walter Stephens, of Dublin, Esq.— 21st June, 1703;
consideration, four hundred and forty-three pounds. — The town and lands
of Ballybrin alias Ballybamen, one hundred and sixty-six acres; barony
of Carlow — the estate of the late king James. — Inrolled 3rd August,
1703.
The Reverend Benjamin Neal, of Wexford, archdeacon
of the diocese of Leighlin, 26th April, 1703; consideration, 415/. — The
town, lands and mill of Waterstown, 686 acres ; barony of Rathvilly,
demised by Richard, earl of Arran, 6th November, 1676, to Hubert Kelly,
attainted, for the lives of the said Hubert, Harborne Kelly, his eldest
son, both since deceased, and Mark Baggett, now in Dublin, son to [John
Baggett, of Crosclogh, county Carlow. — To hold to said Neal, during the
said Baggett's life.— Inrolled 7th May, 1703.
Charles La Bouleey, of Carlow, gent., 17th June,
1703; consideration, sixty-one pounds. — A house and garden, the base
court, and the walls of a brew house and malt house, which were burnt,
ten acres ; town of Carlow. — The estate of John Warren, attainted. — By
lease from the earl of Thomond, for ninety-nine years, if his sons
Henry, Thomas, and James should so long live; commencing 29th Sept.,
1687, at the rent of five pounds, and two (shillings and six pence
receiver's fees. — Inrolled 13th July, 1703.
The Right Honourable Philip Savage, Esq. chancellor
of the Exchequer, 24th March, 1702 ; consideration, three hundred and
ninety-four pounds ten shillings. — The town and lands of Ballykelly,
six hundred and forty-five acres. — Shangany, five hundred acres.' —
Ballinrush, five hundred acres. — Shraugh, one hundred and forty acres.
— In Mishell, two hundred and nineteen acres. — In Killraaglish,
forty-acres. — Carranpurseen, two hundred acres; barony of Forth, county
Carlow. — Portrusheen, with Toobinstown and part of Buolymore, seven
hundred acres. — Heraldstown, two hundred and fifty acres; barony of
Rathvilly, same county. — The estate of John Baggott, Esq., attainted;
which having been granted 26th Feb., 1697, to Joost, Earl of Albemarle,
were by him, by deeds of lease and release, dated 27th and 28th
February, 1698, for the sum of three hundred pounds conveyed to Charles
Balwin, of Dublin, Esq., in trust for Mark Baggott, Esq., to whom, by
deeds of lease and release, dated 8th and 9th March, 1698, he conveyed
the same in execution of the said trusts ; and the said Baggott, by
indenture dated 22nd March, 1702, assigned and made over his interest
and right of purchasing the premises from the trustees, for three
hundred and five pounds ten shillings to said Ph. Savage. — Inrolled 8th
April, 1703.
Colonel Wentworth Harman, 22nd June, 1703;
consideration, one hundred and seventy-four pounds. A moiety or full
half of the town and lands of Ballure and Straghnedarry; barony of
Forth, county Carlow— the estate of John Warren, attainted. — Inrolled
29th June, 1703.
Nathaniel Evans, of Ballywilliamroe, county Carlow,
gent., 31 st May, 1703; consideration, two thousand two hundred and
sixty-six pounds. — The towns and Jands of Knockroe, three hundred and
ninety-one acres. — Seskin Nodery, three hundred and thirty-six acres, —
Dunroe, three hundred and forty acres. — Tarrisbegg, three hundred and
sixty-two acres. — Clonegoose, sixty-nine acres. — Knocknegoudonagh, one
hundred and sixty-five acres. — Ballywilliamroe and Me. Manahow, five
hundred and twenty-three acres, f Newtown, five hundred and five acres.
— Rohauagh and Moyvally, four hundred and two acres. — Crannagh,
Knocknekeiran, three hundred and eighty-seven acres. — Ballynesilloge,
two hundred and fifty-four acres. — Ballyntorin, Ballyknockane,
Ballyderumie, and half of Faranoule, four hundred and fifty-five acres —
part of Ballymore, one hundred and ninety-six acres — Kilgreny alias
Killedane and Ballyclantumuck, four hundred and forty acres— Killedmund
and Tomduffe, three hundred and sixty-two acres — Clonegagh and common
to Newtown and Clonegagh, two hundred and twelve acres — Rossdillig and
Killenerly, one hundred and eighty-five acres — Cloghwater, one hundred
and forty acres; barony of Idrone, county Carlow — rent, one pound
fourteen shillings — the estate of Dudly Bagnall, Esq., attainted; for
life, with a reversion in fee after several estates tail claimed and
allowed, to hold for the said Pudly's life and the said reversion.—
Notes By deed, dated 26th June, 1 703, Mr. Evans declared that the lands
thus + marked were purchased in trust for Thomas Wilcooks, of Dublin,
grocer, who paid two hundred and sixty pounds for the same, and he
conveyed them over to him accordingly, subject to four shillings a year
quit-rent. — Inrolled 20th Oct. anno second of Anne.— Inrolled 26th
June, 1703.
John Beauchamp, of Ballinloughan, county Carlow,
Esq.. 7th June, 1703; consideration, five hundred and four pounds. —
The town and lands of Carrowbegg and Carrowmore alias Corris, three
hundred and seventy-nine acres ; barony of Idrone, county Carlow — the
estate of the late King James. — Inrolled 14th June, 1703.
Richard Tighe, of Dublin, Esq., 22nd June, I703 ;
consideration, three hundred and forty-eight pounds. — Part of the lands
of Johnstown, seventy-nine acres ; barony and county Carlow — the estate
of the late king James. — Inrolled 19th July, 1703.
Walter Weldon, of Rahin, Esq., 14th June, 1703;
consideration, three hundred and sixty pounds. — The towns and lands of
Killane, Rathinkillane, and Gargart, two hundred acres; barony of Forth,
county Carlow — the estate of John Warren, attainted. Inrolled 9th Oct.,
1703.
Catherine Johnson, of Dublin, widow; 23rd June,
1703; consideration, six hundred pounds. — The north part of New Garden
and Dunganstown, one hundred and forty-four acres; barony and county of
Carlow — the estate of the late king James. Inrolled 20th Nov., 1703.
Parliament met at Dublin on the 21st September,
1703.
MEMBERS
- County of Catherlagh. Sir Thomas
Butler, baronet. ,
-
Pierce Butler, Esq.
- Borough of Catherlagh. Richard
Wolseley, Esq.
- Hon. Charles Howard,
Esq., or
-
Walter Weldon, Esq.
This indenture certifies Charles
Howard to have forty- nine votes of the freemen,
inhabiting in that borough ; and Walter Weldon forty-six
votes of the like freemen, inhabitants : but the said
Walter Weldon had sixty-five votes of the like freemen
and others, not inhabiting in the said town ; and the
said Charles sixty -one votes of the like not inhabiting
; and that each of them had an equal number of votes of
the burgesses.
- Borough of Old Leighlin. James Agar, Esq.
- John Tench, Esq.
27th September, 1703.— A petition of Major Thomas
Burdett was presented to the house and read, setting forth, that the
petitioner was one of the candidates at the last election of knights for
the county of Catherlough ; that a poll being demanded, and proceeded
upon, several persons were offered to poll for Pierce Butler, Esq.,
another of the candidates against whose votes the petitioner excepted,
as not qualified for want of sufficient freehold, according to law, and
prayed the high sheriff of the said county, that the said persons might
be examined when such freehold was obtained, and where it lay; but being
over-ruled therein, the petitioner insisted, that after the closing of
the poll there might be a scrutiny and examination into the
qualifications of the persons who had voted, which was promised by the
sheriff in open court.
That at and after the closing the poll, the
petitioner insisted on a scrutiny; that the qualifications of the
several persons excepted against, and others, might be examined into,
but was denied, upon pretence, by the sheriff, that nothing was to be
understood by the scrutiny but only casting up the gross number of the
poll, without inspecting the qualifications of the voters. That the
petitioner was duly elected a knight of the shire to serve in this
present parliament for the said county, by a great majority of the
Protestant freeholders; and if the number of the persons who had no
right to vote be deducted out of the roll taken for the said Pierce
Butler, the petitioner is elected by a majority of the freeholders of
the said county. That by reason of the aforesaid proceedings, and other
undue and unfair practices at the said election, the said Pierce Butler
obtained small majority, and is returned to serve as a knight of the
shire for the said county in this present parliament, by which return
the petitioner conceiveth himself to be grieved ; and therefore humbly
praying that the proceedings at the said election may be inquired into
by the house, and that he may be relieved therein as shall be thought
fit.
Ordered. — That the said petition be referred to
the committee of privileges and elections, and that they do examine the
matter thereof, and report the same, with their opinion thereupon to the
house.
30th September, 1703. Ordered— That Colonel
Ponsonby, Sir Christopher Wandesforde, &o. or any five or more of them,
be appointed a committee, to meet at the speaker's chamber this
afternoon, at five o'clock, to prepare and bring in heads of a bill to
make the river Barrow navigable ; and that all members of this house of
the adjacent counties and boroughs therein be of the committee ; that
they have power to adjourn from time to time, and place to place, as
they shall think fit, and report the same to this house.
5th October, 1703. Mr. Molesworth, according to
order, reported from the committee of the whole house appointed to take
into consideration the state of the nation, that they were come to
several resolutions in the matter to them referred, which he delivered
in at the table, and are as follow:
Resolved — That the house be moved, that all
sheriffs of Counties, clerks of the crown and peace, and gaolers, do
give an account to this house what popish archbishops, vicars-general,
deans, Jesuits, monks, friars, and other regular popish clergy, and
papists exercising any ecclesiastical jurisdiction convict, are or have
been in their several custodies ; together with the reasons, why such of
them as remained in their custody have not been transported; as also
what popish regulars and dignitaries convict have been transported,
according to the statute, and when; and what regulars or dignitaries not
convict, do remain in their custody: to which resolution, the question
being put, the house did agree, and ordered the same accordingly.
7th October, 1703. — Ordered — That the committee
of privileges and elections do report specially to this house, as well
the merits of the election, as the matter of the double return of
burgesses to serve in this parliament for the borough of Catherlagh.
28th October, 1703. — Ordered— That the committee
of privileges and elections be adjourned till to-morrow, at five o'clock
in the afternoon, and that they do then sit and hear the matter of
complaint of Major Thomas Burdett against the undue election and return
of Mr. Butler, a member of this house.
30th October, 1703. — Ordered— That the matter of
complaint upon the petition of Major Thomas Burdett against the undue
election of Mr. Pierce Butler, a member of this house, be heard by
counsel at the bar of this house on Tuesday next.
2nd November, 1703. — The house, according to the
order for the day, proceeded to hear the matter for complaint on the
petition of Major Burdett against the undue election of Mr. Butler,
returned to serve in this present parliament as knight of the shire for
the county of Catherlagh, and counsel on both sides having been heard,
and several witnesses examined, and being withdrawn;
Ordered — That the further hearing of the matter be
adjourned till Saturday morning next.
Ordered — That the witnesses on both sides do then
attend the house, without further summons.
6th November, 1703. — The house, according to the
order for the day, proceeded to the further hearing of the matter of
complaint on the petition of Major Thomas Burdett, against the undue
election of Pierce Butler, Esq., a member of this house, returned to
serve in this present parliament as knight of the shire for the county
of Catherlagh, and examined witnesses and heard counsel fully in the
matter; and they being withdrawn ;
Resolved — That Pierce Butler, Esq., is duly
elected to serve in this parliament, as one of the knights of the shire
for the county of Catherlagh.
NOTE Major Burdett was elected member for the
county in the following year, on the decease of Sir Thomas Butler, Bart.
M. P.
1st June, 1709. — Sir Pierce Butler reported from
the committee appointed to take into consideration the petition of
William Smithwick, and others, in relation to making the river Barrow
navigable, that they had come to several resolutions in the matter to
them referred, which he read in his place, and after delivered at the
table, where the same were again read, and are as follow:
Resolved — That it is the opinion of this
committee, that the allegations in the petition are true.
Resolved — That it is the opinion of this
committee, that the making the river Barrow navigable from Athy to the
sea, will be a public benefit to the province of Leinster and other
parts of this kingdom, and that the same may be effected for three
thousand pounds sterling.
To which resolutions, the question being severally
put, the house did agree.
Ordered— 'That leave be given to bring in heads of
a bill on theaid resolutions, and that it be recommended to Sir Pierce
Butler and Mr. Beauchamp to prepare the same.
29th June, 1709.— The order of the day being read.
Retained— That this house do, on Thursday, the 28th
day of July next, resolve itself into a committee of the whole house, to
take into consideration heads of a bill for making the river Barrow, in
the county of Kildare, Queen's county, Catherlogh, Kilkenny, Wexford,
and Waterford, navigable.
28th July, 1709.. — Resolved— That this house do,
this day fortnight, resolve itself into a committee of the whole house,
to take into consideration heads of a bill for making the river Burrow,
in the counties of Kildare, Queen's county, Catherlogh, Kilkenny,
Wexford and Waterford, navigable.
25th August, 1709. — The order of the day being
read. Resolved — That this house do, this day fortnight, resolve itself
into a committee of the whole house, to take into consideration beads of
a bill for making the river Barrow, in tire counties of Kildare, Queen's
county, Catherlogh, Kilkenny, Wexford and Waterford, navigable.*
*NOTE On the 30th August, parliament was
prorogued; so that nothing was done respecting the Barrow at that time.
This parliament was dissolved on the 6th May, 1713.
A new parliament assembled in Dublin, on the 25th
of November, 1713.
The members for our district were as follow:
MEMBERS
County of Catherlagh. Rt. Hon. Sir Pierce Butler,
Bart.
Jeffery Paul, of Ballyraggin, Esq.
Borough of Catherlogh. Thomas Burdett, Esq.
Walter Weldon, Esq.
Borough of Old Leighlin, John Beauchamp,
Esq.
St.
Leger Gilbert, Esq.
27th November, 1713. — A petition of Thomas
Burdett, Esq. was presented to the house, arid read, setting forth, that
the petitioner stood candidate for one of the knights of the shire for
the county of Catherlogh to serve in this present parliament, and was
duly elected by a considerable majority of the real and known
freeholders of the said county, although some gentlemen, and
particularly the popish gentlemen of the said county, Mr. Walter Bagnall,
Mr. William Cooke, Mr. John Baggott, and several other papists, without
regard to the laws for preventing papists breeding any dissensions
amongst Protestants at elections, hare interfered in a zealous and most
industrious manner, contrary to the laws of the land and the rights of
elections, and that as well before as on the day of election, and after
the writs issued, by making several occasional freeholders, some of
which were their menial servants in livery, by menacing many others even
to the destruction of their families if they did not vote as they would
have them, and by appearing in the field well mounted, well armed, and
in red coats, with several of their emissaries throughout the field
managing and seducing freeholders, and by other several doing illegal
and unwarrantable acts to influence the election against the petitioner
in favour of Jeffry Paul, Esq., one of the candidates; that Benjamin
Bunbury, Esq., high sheriff of the said county, having been guilty of
partial, undue, and illegal practices at the said election, in favour of
the said Jeffry Paul, did return the said Jeffry Paul as knight of the
shire for the said county, though the petitioner had a majority of the
real, known, and lawful freeholders as aforesaid, and therefore praying
for such, relief as to the house shall seem meet.
Ordered— That the said petition be referred to the
committee of privileges and elections.
4th December, 1713. — A petition of John Tench,
Esq., was presented to the house, and read, setting forth, that at a
court held by Thomas Burdett, Esq., sovereign of the borough of
Catherlough, in the county of Catherlough, for the election of burgesses
to serve in this present parliament for the said borough, by virtue of a
precept from the sheriff of the said county to him the said sovereign
directed, he the said Thomas Burdett, presiding in the said court as
sovereign, did nevertheless stand candidate at the said election,
together with Walter Weldon, Esq., and the petitioner, and having
procured a majority of the burgesses' votes, positively refused to take
any votes of the community or freemen, who, to the number of about one
hundred, appeared, were ready, and offered to have polled for the
petitioner, insisting on their ancient and continually claimed right so
to do, notwithstanding which he, the said sovereign declared himself
duly elected, and after the rising of the said court by indenture with
the sheriff of the said county, returned himself one of the burgesses to
serve in this present parliament for the said borough, contrary to
ancient usage and laws of parliament, as the petitioner conceives and is
advised, and of dangerous consequence to the constitution thereof; and
therefore praying the house to take his cause into consideration, and to
make such order therein as shall seem meet.
Ordered — That the consideration and examination of
the said petition be referred to the committee of privileges and
elections, and that they do examine the matter thereof, and report the
same, together with their opinion thereon, to the house.
Parliament was dissolved by the death of Queen
Anne, on the 1st August, 1714,
("Spelling are as seen in the book")
CHAPTER XXVIII
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