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THE CASE OF THE Earl and Countess of Abercorn.
CLAUDIƲS late Earl of Abercorn was seized of the Manor and Lordship of Straban and other Lands in the Kingdom of Ireland, which were of the ancient Inheritance of his Family; which Lordship the said Earl did mortgage to Brook Bridges,Esq; and contracted many other Debts which did affect the same some time before the late Rebellion in Ireland.
He did Agree, upon the Marriage of Charles his Younger Brother (the pre∣sent Earl) with Catharine the Relict of William Lenthall,Esq; That upon his Death without Issue, the Premisses should come to the said Charles, and that he would make a Settlement accordingly.
The said Charles, by such Assurances, was persuaded to become bound with the said Earl Claudius to the said Mr. Bridges and several others for above 7000 l. and had no other Counter-Security than a Bond for the same.
The said Charles (soon after his Marriage) became a Protestant, and left all his Employ∣ments (which were considerable) under King James: At which the said late Earl did take disgust, and never made any such Settlement upon the said Charles since his Inter-marriage with Catharine as aforesaid, nor took any care for the Payment of his said Debts, for which the said Charles was Bound.
The said Earl, upon this Disgust, did by Will devise his Estate to Gerrard Dillon, Esq; and directed, That the Children of Charles should be Educated in a Romish Seminary beyond the Seas, Otherwise to have no share of his Estate; and by the same directs all his Debts to be paid, Except what his Brother was Engaged for.
The said Earl was killed in or about July or August 1691, and afterwards was attainted of High Treason. But the Outlawry was not by the present Earl Reversed, by reason the Estate was settled on Dillon a forfeiting Person.
Nevertheless, Charles the present Earl, in the Year 1691, did by Petition represent the Premisses to the Commons of England then in Parliament assembled, there being then depending a Bill for Resumption of the Forfeited Estates in Ireland, and desired the said Commons to accept of a Clause impowering Their Majesties to extend such Grace and Favour to the said Charles the present Earl as they should think fit.
When the Second Bill of Resumption passed the Commons, there was the like Clause inserted, That Their Majesties might extend such Favour to the said Charles the present Earl as Their Ma∣jesties should think fit, and that any Grant made by Their Majesties of the said Honour and Estate should be good in Law: Upon which the said Letters Patents were confirmed, but the same not Passing the House of Peers.
Upon due Proof before Their Majesties of the Allegations set forth in his said Petition to the said Commons, Their Majesties were pleased to order that Letters Patents should pass for the said Honour and Lordship of Straban to the said Charles the present Earl, in Consideration of the Payment of the said Debts, and therein directed the Payment of the said Debts.
And there being also a Third Bill prepared for such Resumptions, the said Charles (the present Earl) in the said Bill had a Saving of the said Grant.
Upon these Assurances of the King and Parliament, the present Countess of Abercorn was prevailed upon to sell above 600 l. per An. of her Jointure-Lands in Oxfordshire, which were settled upon her by her former Husband, to pay off Incumbrances, and release the present Earl from his Personal Engagements for the late Earl deceased; and the Estate of Straban afore∣said was conveyed, in lieu thereof, to the Duke of Norfolk, Sir Joseph Tredenham, and Sir Francis Winnington, in Trust for the said Countess.
The present Earl hath been at great Charges in Reparations in and about the said Premisses, in making several Journeys into Ireland in relation to the same, in paying the said Debts pursuant to the Letters Patents, and in Passing the said Grants, &c.
The Commissioners appointed to enquire into the Forfeited Estates in Ireland, in their Report to the last Parliament, make no mention of the Manor of Straban, they finding upon Enquiry the same to be charged with far greater Debts than the Value thereof.
The Premisses Consider'd, It is humbly hoped, That the Compassionate and Deplorable Estate of the present Earl and his Lady will be Relieved by this Honourable House, Especially the said Earl and his Countess having no other Estate to subsist on.