Charles II: November 1680

Calendar of State Papers Domestic: Charles II, Addenda 1660-1685. Originally published by His Majesty's Stationery Office, London, 1939.

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'Charles II: November 1680', in Calendar of State Papers Domestic: Charles II, Addenda 1660-1685, (London, 1939) pp. 482-485. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas2/addenda/1660-85/pp482-485 [accessed 19 April 2024]

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November 1680

1682.
Nov. 11.
London.
Newsletter to John Squier, Newcastle. Yesterday a motion was made at the King's Bench bar by Sir George Jefferies that a trial at bar might be this term between his Royal Highness and Mr. Pilkington. It was opposed by some counsel for Pilkington who would have it deferred till next term. However a rule of court was made that he show cause why the motion should not be allowed.
Last night the Lord Mayor and Court of Aldermen, among them Alderman Cornish and Sir Robert Clayton, attended his Majesty in Council, being sent for to prevent the riotous assembly that has for three years past usually met on the 17th of this month. They received an order from the Council to prevent all manner of squibs and bonfires for the future and this day we expect the Lord Mayor's precept thereon.
They write from Holland that on notice of the march of some of the Elector of Brandenburgh's troops the Prince of Orange caused the regiment of Holstein to march to Groll to watch their motions and just as these letters came away a courier brought advice that 500 Brandenburgh troops were already entered East Friesland by water, upon which more Dutch troops are ordered to advance that way.
The Emperor has resolved to raise 25,000 men more, which with the troops on foot he thinks will be sufficient to act on the Rhine and in Hungary.
It being reported that the King of Denmark and Elector of Brandenburgh had entered into a league against Holland, the former has written to the States to assure them of the contrary.
The States have at last resolved to send an extraordinary ambassador into France to complain of that King's proceedings against the city of Orange and to pray him to make the Prince of Orange and the inhabitants satisfaction.
Letters from Brussels of the 13th say that Monsr. Dellvall, who was sent to Paris to get a longer time from the French King, assured the Marquis de Granay that he can't obtain it: upon which he dispatched an express to the States desiring them to be ready according to their treaty. They add that Luxembourgh is in a very good condition and fears no attack from the French, three generals of battle being sent thither to command successively in case the Prince of Chymay the present Governor should be killed. All the Spanish officers that were at Brussels are gone to their commands.
This day Mr. Pilkington's counsel endeavoured to show cause why he should not be tried this term, saying that he was taken at some disadvantage and was making application to his Royal Highness and desired it might be tried in London. The court told him it should be tried at that bar and not at London. Lord Grey's counsel moved also for [bail] and that he might come abroad with his keeper, but the court denied him till the trial or the lady produced. [3 pages. Admiralty 77 (Greenwich Hospital), 2, No. 60a.]
[1683 ?] Neal Mellaghlin, Cormuck Rice and William and Arthur Maggin to the King. Petition stating that about Michaelmas, 1681, the petitioners exhibited an indictment of high treason against John Hawkins of Rathfreilan, co. Down, but, the faction being then very powerful there, the bill was returned Ignoramus notwithstanding the fullest evidence, with which the Duke of Ormonde was very much dissatisfied, wherefore the petitioners thought it needless to attempt anything against Sir John Magill, Hawkins' brother-in-law and his accomplice, but, the present discovery of the conspiracy having very much weakened the interest of the factions, the petitioners doubt not that the said Hawkins and Magill, if sent for to England, will be found guilty on their evidence and will likewise in all probability make a further discovery of the late conspiracy, and therefore praying an order that the said Hawkins and Magill be forthwith seized, on the petitioners making oath of the said treason against them, and brought to England for their trial. [S.P. Ireland, Car. II. 343, No. 150.]
[1683.] Instructions to Mrs. Fanshawe's counsel to draw her bill in equity. Patrick Sarsfield, suing Sir Theophilus Jones for the manor of Lucan and the lands belonging thereto of about 1,200l. a year value, was found to be a nocent Papist and his right thereto forfeited, the Court of Claims decreeing the premises to Sir T. Jones for the said Patrick's life and the remainder to William Sarsfield in tail male with remainder to the Crown in fee simple to the uses of the Act of Settlement. William Sarsfield afterwards married the Duke of Monmouth's sister and, having no present estate to support her, proposed to the Duke that, if he will persuade the King to grant him the quit-rents of his estate of about 160l. a year and the remainder in fee thereof, he would settle a jointure of 800l. a year on his wife and submit to such further settlements as the Duke shall think fit, with an instrument under his hand and seal to that effect dated 4 Aug., 1671. In consideration thereof the Duke obtained letters to the Chief Governor of Ireland in Dec., 1671, and Dec., 1672, to suffer William Sarsfield to pass letters patent for the said quit-rent and the said remainder in fee, which he did accordingly.
Sarsfield afterwards proposed to the Duke that, if the King would purchase Sir T. Jones' interest in the premises for himself and his wife by the grant of 800l. a year concealed rents in Ireland, he would not only suffer a jointure of 800l. a year on his wife but likewise settle the whole estate in Sir T. Jones' possession on her children by him. The King approved thereof and, having given Sarsfield a pension of 200l. a year with several other bounties, appointed Edward Proger to treat with Sarsfield, between whom it was agreed that Sarsfield, in consideration of his Majesty's bounties already to him and his wife and of his promise to purchase for them Sir T. Jones' interest in the premises, should settle a jointure on her of 800l. a year and his whole estate, then in Sir T. Jones' possession, on her children by him.
(Then follows a recital of the letter of 6 Dec., 1674, calendared in Cal. S.P. Dom., 1673–75, p. 450, authorizing Sir Theophilus to pass letters patent for 800l. a year concealed lands in lieu of the estate of Lucan.)
In 1674 Sarsfield levied two fines of all his lands, etc., to uses in a certain indenture, but his wife joined not therein nor was he then or at any time after during his life possessed of any of the said estate or the remainder in fee. He died 13 April, 1675, of smallpox before making any settlement on his wife and children according to his said agreement. After his death his sister produced a will, wherein he is supposed to have conveyed several parcels of his estate to the value of 300l. a year to Patrick Trant, to have given 4,000l. to his two sisters, 750l. to his brother, 100l. a year each to his father and mother during his father's life, 200l. a year jointure to his wife, provided she disclaims all rights to dower or thirds, 1,000l. a piece to his two younger children and, after charging his estate with several other debts and legacies, he gave it to his son Charles in tail male with remainder to his brother Patrick in tail male with remainders over, declaring his father guardian to his son, which he could not be, being a Papist, so that the guardianship of the son and younger children became vested in the mother, who is a Protestant. This will was never mentioned to Mrs. Sarsfield during his life and the physicians and Mr. Arthur, her husband's priest, hindered her coming to him during his illness.
After his death Sir Theophilus gave up possession of the manor of Lucan containing 947 acres to trustees for the use of Sarsfield's widow and children and promised to deliver the residue shortly, but afterwards combining with Mr. Sarsfield's relatives he pretended he was not obliged to deliver up the estate till he had completed his reprisals, and deluded the widow and her second husband, Mr. Fanshawe, with vain and frivolous promises for many years. They have in the present year, 1683, exhibited a bill in equity in the Exchequer in Ireland against Sir Theophilus, old Mr. Sarsfield, his two daughters, Patrick Trant and others for the delivery of the said lands bought by his Majesty as aforesaid and promised to be settled on William Sarsfield's wife and children on the considerations above specified, as will appear by the affidavits of Edward Proger and Charles Chetwynd, dated 15 May, 1683 (which here follow).
Mr. Sarsfield's youngest son, William, born after his father's death, died in Dec., 1676, being a year and three months old. His eldest son, Charles, died at Paris, 3 July, 1683, being nine years less three months old. His only remaining child is Charlotte, who is about ten years old, in whose right her mother sues to have the estate settled according to Mr. Sarsfield's agreement and to have her own jointure set out. [2¼ pages. Ibid. No. 151.]