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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
“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]