Plea by Will & Susan





Bernards of Tullow, Aghade, Newstowne and Rathrush, Co Carlow










The  document appears to have been written on a scroll (width-wise). There are no paragraphs or puctuation.  These have been addded by the transcriber to enhance readability.  See transcription below.

The plea was made to the Right Honourable Thomas Lord Parker, Earl of Macclesfield, Lord Chancellor of Great Britain – 30th May 1724

There is no known resolution to this plea as, in 1725, Lord Macclesfield  was impeached and tried in the House of Lords. He was, unanimously, convicted of corruption for taking more than £100,000 in bribes (the equivalent of more than £11,000,000 today). He was fined £30,000 and placed in the Tower of London until payment was received. He was also struck off the roll of the Privy Council. He was a fabulously wealthy man, possibly because of his corruption, but as this money was confiscated, he had no resources to pay his fine.  Wikpedia

 

Bernard vs Baugham

“Humbly complaining show unto your Lordship your Orator and Oratrix William Bernard of the Borough of Leominster in the County of Hereford Esq. formerly of Newstown in the County of Carlowe in the Kingdom of Ireland and Susan his wife one of the daughters of Edward Baugham of the said Borough of Leominster, Esq.  

That your Orator in or about the year of my Lord one thousand seven hundred and nineteen by the consent of the said Edward Baugham made application by way of courtship to his said daughter Susan and after for a reasonable time intermarried with the said Susan with the privity* and consent of her Father who promised to give her a considerable fortune which your Orator did not then in the least mistrust in regard the said Mr. Baugham was generously esteemed to be a person of great wealth and had given considerable fortunes to his other daughters.  And your Orator further that in some short time after the said marriage your Orator came to a treaty with the said Mr. Baugham in order to reduce his said wife’s portion to join certainty and by articles of agreement in writing made between your Orator of the one part and the said Mr. Baugham of the other part bearing date the twenty fourth day of December in the year of my Lord one thousand seven hundred and twenty.

 It was concluded and agreed that the said Mr. Baugham should pay unto your Orator as a portion with his said daughter the sum of five hundred pounds and that your Orator should settle and ashure [assure?] for the same lands of inheritance in the said Kingdom of Ireland to the amount of seventy pounds per annum which should be for the life of your Orator and Oratrix and the issue of that marriage in such manner as by the said articles is expressed with the remainder to the right heirs of your Orator and that such settlement was to be made with the approbation of the said Mr. Baugham’s Council until such settlement should be made by your Orator the said portion of the five hundred pounds was to remain in the said Mr. Baugham’s hands but in the interim the said Mr. Baugham was to pay to your Oratrix Susan the annual sum of twenty pounds without any deduction or abatement whatsoever by two half yearly payments the first payment to be made upon the twenty fourth of June the next following the date of the said articles and the said principal sum of five hundred pounds was to be paid to your Orator within the space of two months next after the making such settlement as aforesaid and your Orator further shows of what was to be done and performed on your Orator’s part

 Your Orator did on or about the first day of January in the year of my Lord one thousand seven hundred and twenty three deliver or  cause to be delivered to the said Mr. Baugham his deeds writings and evidence which made out a share title in your Orator’s lands of inheritance in the said County of Carlow in the Kingdom of Ireland of much greater value than seventy pounds per annum in order that the same should be settled pursuant to the said articles and the said Mr. Baugham promised that the said deeds and writings should be laid before his Council with all expedition and the draft of such intended settlement made and provided without any delay and your Orator and Oratrix well hoped that the same would have been done

 But now so it is may it please your Lordship that the said Mr. Baugham  having gotten the said deeds and writings into his custody hath kept and detained the same without laying them before Council or any other person conversant in the law tho he has often assured your Orator that the same were under his Council consideration and the said Mr. Baugham  hath not paid to your Orator or Oratrix one farthing of the said annuity or yearly sum of twenty pounds which was stipulated by those said articles to be paid to your Oratrix Susan by half yearly payments from the time of the making of the said articles and the said  Mr. Baugham  now pretends that the said annuity or yearly sum of  twenty pounds was not to commence although settlement should be perfected wherever your Orator or Oratrix expressly charge that it was the intent of all the parties to the said articles and to the very words he used are that in the interim until such settlement should be made the said Edward Baugham his heirs executors and administrators or some of them should well and truly pay or cause to be paid to the proper hands of your Oratrix Susan the said yearly sum of twenty pounds by half yearly payments and that the sum of  Twenty pounds the first payment was to be to your Oratrix upon the twenty fourth day of June in the year of my Lord one thousand Seven hundred and twenty one as by the said articles when produced more fully may appear and to which your Orator and Oratrix for better certainty  before themselves.  

And your Orator and Oratrix further show unto your Lordships that the said  Mr. Baugham  hath not only neglected and declined to lay the said deeds and writings before Council in order to have the same perused and inspected and to procure a draft to be made pursuant to the said articles according as he undertook and promised when the same was so delivered to him by your Orator as aforesaid but in order to stave off the payment of the said Five hundred pounds portion hath secreted and detained the said writings and refused to deliver the same to your Orator well known that your Orator placed so great confidence in him the said Mr. Baugham  as that he your Orator did not take copies of the said several writings before your Orator delivered the same to the said  Mr. Baugham whereby your Orator is rendered incapable without the said writings of procuring a draft to be made of the said intended settlement in order to tender the same to the said Mr. Baugham who is in no means in haste to permit the same to be perfected  having the said portion in his hands and thereby taking advantage  of his own wrong and delay all which acting and doings of the said Mr. Baugham are contrary to equity and good  relations and lend to the manifest injury to your Orator and Oratrix

In tender consideration whereof and for that matter of this nature are most properly examinable and noticeable in the Honourable Court to the end and therefore that the said Mr. Baugham may true and distinct answer make to all and singular the matter aforesaid  as if the same word here again repeated  and interrogated and more particularly if he did not enter into such agreement as aforesaid upon your Orator’s marriage with his said daughter  and whether your Orator did not deliver to him and when and about what time  several deeds and writings relating to your Orator’s estate in Ireland and how many the same were in number and may set out the several dates thereof  and parties to the same and whether the said Mr. Baugham did say the same before any Council or other person concerned in the law and who by name and when and whether the said defendant did not refuse to redeliver the same to your Orator and  whether he has paid the said annuity or any part thereof to your Orator or Oratrix since their said intermarriage and why he refuses the same

 And that the said Mr. Baugham may be decreed to a specific performance of the said articles and that he may pay to your Orator the said five hundred pounds  portion upon your Orator upon making such a settlement that the said articles require and in order thereto may compelled to redeliver the several deeds and writings deposited with him by your Orator and may pay the arrears of the said annuity or yearly sum of twenty pounds  to your Oratrix and may be further relieved in all and singular the principles. 

 May it please your Lordship to grant to your Orator and Oratrix his majesties most gracious writ of subpoena to be directed to the said Edward Baugham  thereby reminding him the said defendant Edward Baugham  personally to be and appear before  your Lordship in this Honourable Court  then and there upon his Corporal Oath true full and perfect answer to make to all and singular the principles and further to stand to and abide such order and decree in and touching the principles as your Lordship in your great judgement shall pronounce and your Orator and Oratrix shall ever pray.”


Privity: A relation between two parties that is recognized by law, such as that of blood, lease or service.

Document obtained from the [National Archives]

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