That the Family of the Nugent  have been settled in Ireland since the Reign of King Henry the Second, as appears  by an ancient Grant, by which Hugh de Lacy gave to Gilbert de Nugent  all his Lands of Delvin,  by trie Description of •« Delvin  totam quam in tempore Hibernicorum tenuerunt O Finclani cum omnibus pertinentiis," to hold to him and his Heirs by the Service of Five Knights Fees:

That this Sir Gilbert de Nugent, not having any Issue at the Time of his Death, gave all his Estates to his Brother Richard, by the following Instrument: "De omnes conquestes et tenementa mea; viz4, Baroniam de Delvin, &c. quae quandum O Finclani et alii habuerunt fratri et consanguineo meo Ricard' de Capello de Nugent:"

That this Richard de Nugent had Issue only One Daughter, Rosa, who married John or Jones, into whose Family the Barony of Delvin appears to have passed by this Marriage, for in 46th Edw. 3d, Anno Dom. 1371, John Fitz John was summoned to Parliament by Writ, dated at Dublin, 13th February in that Year, as Baron of Delvin:

That this John Fitz John had Issue only One Daughter, Catherine, who married Sir William Nugent of Balrath, by which Means the Family of Nugent again acquired the Barony of Delvin, for it appears that this Sir William Nugent was summoned to Parliament by Writ as Baron of Delvin, and is commonly called the First Baron of Delvin:

That this Sir William Nugent left Two Sons, Richard his eldest Son, who succeeded him as Baron of Delvin, and having married Catherine Daughter of Thomas Drake, had Issue James Nugent his eldest Son, and several other Children:

That this James Nugent, who succeeded his Father, and thereby became the Third Baron of Delvin, married Elizabeth, elder Daughter and Coheir of Sir Robert Hollywood of Artane in the County of Dublin, and had Issue Three Sons, Christopher his eldest Son, and Successor in the Barony of Delvin, Robert Nugent, who settled at Drumcree in the County of WTestmeath, and Lavallin Nugent of Dysert, or Dysart, in the same County, from whom the present Claimant is descended:

That this Christopher was the 4th Baron of Delvin, married Elizabeth (or Anne) Daughter of Sir Robert Preston of Gormanstoun, by whom he had Issue Sir Richard Nugent, who succeeded him, and was the 5th Baron of Delvin:

That this Sir Richard Nugent, who lived in the Reign of King Henry the 6th and King Edward 4th, married the Lady Elizabeth Daughter of Gerald Fitz Gerald Earl of Kildare, by whom he had Issue Christopher the 6th Baron of Delvin, who sat in the Parliament which was held at Trim in the Reign of Richard 3d:

That Christopher the 6th Baron of Delvin was succeeded by his Son Richard, who was the 7th Baron of Delvin, and was summoned to Parliament in 1486, Anno 2° Henry 7th, and also in 1493; he was also summoned to the Parliament which met at Castledermot, 28th August 1498, but neglecting to appear was fined 40*. for Non-attendance:

 

Richard, Baron Delvin, who had summonses to parliament in the years 1486, 1490, and 1493, and was constituted, by the lords justices and council in 1496, commander and leader in chief of all the forces destined for the defence of the counties of Dublin, Meath, Kildare, and Louth.

 

That this Nobleman was made Lord Deputy of Ireland in 1527, and conducted the Public Affairs with great Integrity and Honor until he was taken Prisoner by O'Connor, at a Conference which he held with that Irish Chief in the Castle of Rathen. He died on the 28th February 1537, leaving by his Wife Elizabeth, Daughter to Lord Howth, Christopher his eldest Son, who succeeded him, and Sir Thomas Nugent of Carlanstoun, Knight, Ancestor to the late Earl Nugent:

That Christopher was the Eighth Baron Delvin, sat in Parliament 20th Elizabeth, and died on the 17th August 1602. He married Lady Mary or Margaret, Daughter of Gerald the 11th Earl of Kildare, and left Issue Richard his eldest Son, and several other Children:

That Richard the Ninth Baron of Delvin sat in Parliament in 1613 and in

1615, and by Privy Seal, dated at Westminster, 22d November 1621, he was

(144.) created created Earl of Westmeath, to him and the Heirs Male of his Body. He married Jane, Daughter of Christopher Killeen, and had several Sons, of whom the eldest, Christopher Lord Delvin, married Lady Ann M'Donnell, eldest Daughter of Randall Earl of Antrim, and died in the Lifetime of his Father, leaving an only Son, Richard, who succeeded to his Grandfather, and was the Second Earl of Westmeath:

That this Richard married Mary, Daughter of Sir Thomas Nugent of Mayrath, Baronet, and by her had several Sons, of whom the eldest was Christopher Lord Delvin, who married the eldest Daughter of the Honorable Richard Butler of Killcash in the County of Tipperary, Esquire, and Niece to James Duke of Ormond, and dying in the Lifetime of his Father left Issue Three Sons, Richard, Thomas, and John, and Three Daughters:

That Richard the eldest Son succeeded his Grandfather as Earl of Westmeath and Baron of Delvin, but having died without Issue he was succeeded by his next Brother Thomas:

That this Thomas, who was the Fourth Earl of Westmeath, having adhered to King James the Second at the Revolution, was outlawed for High Treason in 1691 j but being in the City of Limerick when it was besieged by King William, and One of the Hostages exchanged for the Observation of the Articles of Surrender, his Outlawry was reversed, and he was restored to his Estates and Honors:

That he married Margaret, only Daughter of Lord Bellew, and by her had Two Sons, Christopher Lord Delvin the elder, who died unmarried, at Bath, on the 12th April 1752, and John the Second Son, who died unmarried in 1725, in the Lifetime of their Father, and Two Daughters, Lady Mary and Lady Catherine Nugent:

That Thomas the 4th Earl ofWestmeath died on the 30th June 1752, aged 86 Years, and was succeeded in the Earldom by his Brother John, but the Barony of Delvin fell in Abeyance between his Two Daughters the said Lady Mary and Lady Catherine Nugent:

That Lady Mary Nugent married Francis the 21st Baron of Athenry, and had several Children, of whom Thomas was the eldest, who upon the Death of his Father became Baron of Athenry, and was afterwards created Earl of Louth:

That Thomas Earl of Louth died in January 1799, without any Male Issue, leaving Two Daughters, Lady Elizabeth, married to Thomas Baily Heath Sewell Esqr, and Lady Louisa Catherine' Mary, married to Joseph Henry Blake of Ardfry in the County of Galway, Esqr, and the Daughter of a deceased Daughter who died in the Lifetime of her Father, and who married Lord St. Laurence, Son to the Earl of Howth:

That Lady Catherine Nugent married Andrew Nugent of Dysert, Esqr, who was lineally descended from James the Third Baron of Delvin, and by her left Issue Lavallan Nugent of Dysart and Tullaughan,   Esq1, her eldest Son, lately deceased, the Petitioner John Nugent Esq1, Lieutenant Governor of Tortola and the Virgin Islands, her Second Son, Patrick Anthony Nugent, late a Captain in His Majesty's Service, and who died unmarried in the Year 1785, and several Daughters:

That the said Lavallan Nugent, in the Year 1799, preferred a Petition to His Majesty, praying a Writ of Summons to sit in Parliament in the ancient Place of Baron of Delvin, his Ancestors, and lately died without Issue, and without ever having been married, leaving the Petitioner his only surviving Brother and Heir at Law, who is now seised and possessed of all the Estates, Lands, Tenements, and Hereditaments of which said Lavallan Nugent was seised and possessed:

And Petitioner therefore prayed as follows, to wit, that as he is lineally descended from James the Third Baron of Delvin, and has considerable Real Estates in the County of Westmeath, and as the Two Daughters and Heirs of the late Earl of Louth and Baron of Athenry aforesaid have in them the ancient Barony of Athenry in Abeyance, and moreover are by reason of their Sex incapable of obeying a Writ of Summons to Parliament, he is the only Heir of Thomas the 4th Earl of Westmeath, his Grandfather, that can receive such a Summons, or do His Majesty the Service of a Parliamentary Baron: Wherefore he most humbly prays His Majesty, to grant him a Writ of Summons to sit in Parliament in the ancient Place of the Barons of Delvin, his Ancestors.

8 In

In order to support the Case stated by the Petitioner, the following Propositions are necessary to be proved:

1st, That John Fitz John was, in 1371, in the 46th Year of King Edward the Third, seised in Fee Simple of the Barony of Delvin.

2d, That Richard Lord Baron of Delvin, who in the Year 1621 was created Earl of Westmeath, was seised in Fee Simple of said Barony. 3d, That Thomas the Fourth Earl of Westmeath, Heir Male of the said Earl Richard, was also his Heir General, and seised in Fee Simple of the said Barony of Delvin. 4th, That Petitioner is One of the Coheirs of said Earl Thomas, in manner mentioned in his Petition.

In support of the First Proposition, that John Fitz John was in the 46th Year of King Edward the 3d seised of said Barony in Fee, the following written Evidence has been laid before us, attested Copies of which we have annexed to this our Report:

An original Record of a Writ of Summons to Parliament on the Roll in the Rolls Office in Ireland of the 46th Year of King Edward the Third. This Record is much obliterated and defaced by Time, but there remains enough to show that it is directed to the Archbishop of Dublin, and summoned him to a Parliament to be holden at Dublin on Wednesday next after the Feast of Saint Peter and Paul; it then sets out a Writ to the Sheriff to return Two Knights of the Shire, and to warn certain Persons named to attend at the said Parliament, and then states that similar Writs were directed to the other Sheriffs, and amongst the Persons directed to be warranted appears John Fitz John, Baron of Delvin:

An original Record remaining in the Office of the Rolls of the Court of Chancery of a Writ of Summons, dated at Naas the 20th November in the 48th Year of King Edward 3d, directed to the Archbishop of Armagh, by which the said Archbishop was summoned to a Parliament which was then appointed to be held at Dublin on the Octave of Saint Hilary then next ensuing; and a Writ of Summons, of the same Date, to the same Parliament, directed to James Butler Earl of Ormonde; which said Record mentions that the like Writs of Summons to the same Parliament, Word for Word, and of the same Date, were directed, Comitibus, Magnatibus, et Proceribus, thereto subscribed, and amongst others to Thomas Fitz John:

An original Record remaining in the Office of the Rolls of the Court of Chancery of a Writ of Summons, dated at Thristledermott the 22d January in the First Year of the Reign of King Richard the Second, directed to the Archbishop of Dublin, by which the said Archbishop was summoned to a Parliament which was then appointed to be held at Thristledermott aforesaid on the Monday after the Feast of Ash Wednesday next following; which Record mentions that like Writs of the same Tenor and Date, with necessary Changes, were directed to several Lords, and amongst others to Thomas Fitz John:

An original Record remaining in the said Office of the Rolls aforesaid, of a Writ of Summons, dated at Trym the 11th Day of September in the 4th Year of the Reign of Richard the 2d, directed to the Archbishop of Dublin, by which the said Archbishop was summoned to a Parliament which was there appointed to be held at Dublin on Saturday the Morrow of All Souls then next coming; which Record also mentions like Writs of the same Tenor and Date, with the necessary Changes, directed to several Lords, and amongst others to Thomas Fitz John:

An original Record remaining in the said Office of the Rolls of Chancery of a Writ of Summons, dated at Dublin the 29th of April in the 5th Year of the Reign of King Richard the 2d, directed to the Archbishop of Dublin, by which the said Archbishop was summoned to a Parliament which was then appointed to be held at Dublin aforesaid on the Monday after Fifteen Days of the Holy Trinity then next ensuing; which Record also mentions like Writs of the same Tenor and Date, with the necessary Changes, directed to several Lords, and amongst others to Thomas Fitz John.

John Fitz John being named in the first of the Writs above mentioned, and

Thomas in the Four which follow, the Presumption, as we humbly apprehend,

is, that between the Times of issuing the first and second Sets of Writs above

(144.) G mentioned, mentioned, John died ,and was succeeded by Thomas, although Thomas is not in any of them called Baron of Delvin, there being in said Lists very few Instances of any such Addition as the Title of Honour, and as far as appears no precise Rule to regulate the Adoption or Rejection of it.

There being no Journals of Parliament existing in this Kingdom so early as the aforesaid Times, no positive Evidence to prove that the said John or Thomas Fitz John sat in Parliament in pursuance of the said Writs of Summons was or could be given; but from the Probability that such an Honor was not declined, and from the other Evidences herein-after stated, we humbly apprehend, that whether Thomas was summoned as Heir to John or in another Right, the Presumption is, that John Fitz John aforesaid sat and voted in Parliament in the 46th Year of the Reign of King Edward the Third, in pursuance of the said Writ of Summons, as Baron of Delvin, and thereby became and was seised in Fee of the said Barony, no Barony by Letters Patent having been created earlier than the 11th Year of the Reign of King Richard 2d.

From the Fifth Year of the Reign of King Richard the Second, there is, for a very long Period, no Parliamentary Record or Document extant. In order therefore to prove the several Steps by which the Barony of Delvin descended in the Family of the Petitioner, we were referred to an antient Manuscript Book in the Library of Trinity College, Dublin, entitled " Irish Pedigrees," purporting to contain the Pedigrees of many Irish Families. We attended in consequence at the said Library, with the College Librarian; and in a Chamber of the said Library set apart for the Preservation of antient Manuscripts, which have been heretofore collected with great Care, as entitled to a Place in said Library, we there examined the said original Manuscript, and the Circumstances on which its Claim to Credit are founded.

It is stated in the Books of the Library to have been in the Collection of Doctor Sterne, formerly Bishop of Clogher, and to have been by him bequeathed, amongst other Manuscripts, to the College of Dublin, and to have been in the Year 1741 received into the College Library, where it has, in common with other Manuscripts, been preserved from that Time with the utmost Care and Attention.

This Manuscript bears every Mark of Authenticity, and appears to contain much Information respecting the antient Nobility of Ireland, corresponding with their known History. Under these Circumstances it was admitted in Evidence by the House of Lords on the Examination into the Claim made by the present Earl of Fingall to his Peerage; and even without that judicial Determination of its Admissibility we should have humbly conceived it to be admissible Evidence in the present Case. In the first Side of Folio 22, in said Manuscript Book, is the Pedigree of the Barons of Delvin, an attested Copy of which, and also of the Entry concerning said Book in the Catalogue of the College Manuscripts, both duly verified, we have annexed to this our Report. From thence it appears that in the 7th Year of the Reign of King Richard the Second John Fitz John was Baron of Delvin; that he was succeeded by John Fitz John, Baron of Delvin, his Son,, who dying without Issue, Catherine, his Sister and Heir, succeeded to the Barony; that she married William Nugent Knight, Son of Nicholas Nugent of Balrath; that their Son Richard Baron of Delvin married Catherine Daughter and Heir of Drake, by whom he had Issue James Nugent, who married

Elizabeth Daughter of Hollywood of Farbane; that James

died in the Lifetime of his Father, leaving a Son, Christopher Lord Delvin, who married Anne Daughter to Lord Gormanstoun; that their Son Richard Lord Delvin married Elizabeth Daughter of Gerald Earl of Kildare; that they had a Son, Christopher, who died before his Father, and consequently never became Lord Delvin, but having married a Daughter of Lord Howth left Issue Richard Lord Delvin. To confirm the old Manuscript in this Part of its Statement, an attested Copy was produced to us of an Inquisition taken in the 29th Year of the Reign of King Henry 8th, on the Death of Richard the Grandfather. It is there found by the Jury, that Richard then late Lord Baron of Delvin had died in the Beginning of that Year; that Richard then Lord Baron of Delvin, of the Age of Fourteen Years, was his Cousin and Heir; to wit, the Son and Heir of Christopher deceased, who had been the Son and

Heir Heir of the said Baron Richard deceased; and in the said Inquisition the Will of the said Baron Richard deceased is set out, in which it appears that Part of the Estate of the Family of that Time was Drakestoun, a Circumstance tending, as we humbly conceive, by manifest Presumption, to confirm the Statement above made from the said Manuscript, of the Marriage of One of their Ancestors to an Heiress of the Family of Drake. An attested Copy of said Inquisition is annexed to this our Report.

Richard, who thus at the Age of Fourteen succeeded to his Grandfather, obtained, in the 4th and 5th Year of Philip and Mary, a Grant from the Crown of divers Estates in the County of Westmeath, as appears by an attested Copy of an original Record of said Grant remaining in the Office of the Rolls, which attested Copy has been laid before us, and is hereunto annexed.

In a few Years after the Grant last mentioned, to wit, in the Second Year o^ Elizabeth, a Parliament Roll was made, which amongst other Things contained the Names of Lords Spiritual and Temporal, and Commons, in a Parliament held in that Year by Thomas Earl of Sussex at the City of Dublin. This Parliament Roll was in the Office of the Rolls aforesaid so lately as the Year 17t55, for in that Year the Claim of the late Countess Dowager of Tyrone to the Barony of Le Poer was depending; and a Copy of it was then taken in the Rolls Office, and duly attested by the then Keeper of the Rolls, or his Deputy, and was One of the Documents relied on by the Attorney and Solicitor General of that Time, in their Report in favor of her Ladyship's Claim; nevertheless this antient and important Record is not now to be found; and where a Document of such a Nature has been lost or mislaid, it is not surprising that the Copy so taken and attested should likewise have escaped the Search of the Complainant, a Misfortune by which there is Reason to believe that the Claimant has been deprived of a Piece of Evidence which would support his Statement in the strongest Manner, for we have seen a Copy of that Record, which, tho' not attested, has every Appearance of Authenticity; it is preserved by the Family of Lady Tyrone in a Copy of the Proceedings and Documents in her Case, and amongst the Temporal Lords it mentions Richard Nugent Baron of Delvin, agreeing in the Christian Name with the Record aforesaid in the Reign of "Philip and Mary.

It appears from the old Manuscript above mentioned, that this Richard married a Daughter of LordGormanstoun, and that their Son was named Christopher, and married a Daughter of the Earl of Kildare. The exact Time when Richard died does not appear, but it must have been before the 24th Year of the Reign of Queen Elizabeth, for there has been laid before us an attested Copy of an Inquisition found in Dublin before the Barons of the Exchequer in that Year (which is annexed to this our Report), whereby it appears that one Nicholas Nugent had been then recently attainted of High Treason, and that Part of his Property was an Estate in Tail Male in certain Lands in said County which he held under a Grant made to him thereof in that Year (24th of Elizabeth) by Christopher Lord Baron of Delvin; a Record whereby the said Manuscript is again confirmed.

In the 27th Year of Queen Elizabeth another List was made of the Lords Spiritual and Temporal, Counties, Cities, and Borough Towns, as are answerable to the Parliament of this Realm. This List is circumstanced in all respects as that in the 2d Year of Queen Elizabeth above mentioned; and we have, as in that Instance, seen a Copy, which seems to be authentic, and contains the Baron of Delvin, but it states no Christian Names. The old Manuscript states that Christopher died in the Year 1602, in Prison in the Castle of Dublin, leaving a Son, Richard, who is therein called Comes, and states to have been created Earl of Westmeath on the 4th of September in the Year 1621. The Patent of his Creation is not to be found, but in the First Volume of the Lords Journals a full and exact Copy thereof is set out, a Copy whereof is hereunto annexed, which agrees exactly with the old Manuscript above mentioned, and from which it appears that the said Earldom was granted to the said Richard Baron of Delvin in Tail Male; and it is notorious that under that Patent the present Earl of Westmeath sits in Parliament at this Day, and has been elected one of the Representatives of the Irish Peerage in the Imperial Parliament.

(144.) We

7 said

said Christopher Baron of Delvin was succeeded by his Son Richard Baron of Delvin, who on the 13th May 1605 had Livery, as appears by a Constat thereof upon Record in the Rolls Office, of the aforesaid Court of Chancery, an attested Copy of which was produced to us, and in which he is styled "Rich'u' Nugent milif,Dom'n' Baron' de Delvin, Jiliu' et   hered' X'pqferi Nugent milif, nup' D'ni Baron' de Delvin." We also find him sitting in Parliament in the 12th Year of King James the 1st (1613), and again in the 14th of the same Reign (1615), as appears by Two several Entries in the Book entitled Cases of   Precedence, before mentioned, upon Record in the Office of Ulster King of Arms, and which was inspected by us. The said Richard Baron of Delvin was, by Patent dated the 4th of September 1621, created Earl of Westmeath, with Remainder to his Heirs Male. We further find, that Richard First Earl of Westmeath made his Will on the 2d of October 1640, which Will is now on Record in His Majesty's Court of Prerogative in Ireland, an attested Copy whereof was produced to us, by which it appears that Christopher, eldest Son of the said Richard, died before his Father, as Richard the Son of Christopher, and Grandson of the said Richard the First Earl, is in the said Will called, "my Grandson the Lord of Delvin" and again, "my said   Grandson Richard   Nugent" which last mentioned Richard succeeded his Grandfather the First Earl of Westmeath, and became the 2d Earl of Westmeath. We further find, by inspecting a Book entitled Lords Entries, formerly belonging to the House of Lords in this Kingdom, and now remaining on Record in the Office of Ulster King of Arms, that the said Richard Second Earl of Westmeath and Baron of Delvin was succeeded by his Grandson Richard, Son of the Honorable Christopher Nugent commonly called Lord Delvin, who died in the Lifetime of his Father the before-mentioned Richard, the Second Earl of Westmeath; that the said Richard the Third Earl of Westmeath died unmarried in the Year 1714, and was succeeded by his Brother Thomas Fourth Earl of Westmeath and Baron of Delvin. By another Entry in the same Book it appears, that the said Thomas the Fourth Earl of Westmeath and Baron of Delvin died without surviving Issue Male, on the 4th of June 1752, whereupon the Earldom of Westmeath devolved upon his Brother John, Ancestor to the now Earl of Westmeath; and that the said Thomas had Two Daughters, namely, Lady Mary, who became the Wife of Francis Baron of Athenry, and Lady Catherine, who became the Wife of Andrew Nugent of Dysart, Esqr; and it was urged to us by the Claimant, that the Title and Honors of Baron of Delvin, being proved to be a Barony in Fee, did upon the Death of the before-mentioned Thomas Fourth Earl of Westmeath and Baron of Delvin become in Abeyance among the Issue of his Two Daughters, the said Lady Mary and Lady Catherine. It was also proved before us, that the said Lady Mary, who became the Wife of the said Francis Baron of Athenry, was by him Mother of Thomas Baron of Athenry and Earl of Louth, who died, leaving Three Daughters his Coheirs; namely, Lady Elizabeth, who became the Wife first of Thomas Sewell Esq1, and secondly of Francis Duffield Esqr; Lady Marcy, who became the Wife of William Earl of Howth; and Lady Louisa, who became the Wife of Joseph Henry Baron Wallscourt; that the said Lady Catherine, who became the Wife of the said Andrew Nugent of Dysart, Esqr, had Issue by him Three Sons, namely, Lavalin, John, and Patrick Anthony, who all died without Issue, and Two Daughters her Coheirs, namely, Margaret and Barbara; Margaret, the eldest Daughter and Coheir, became the Wife of Andrew Savage of Portaferry in the County of Down, Esq1, who died leaving Issue Patrick his eldest Son and Heir, who left Issue his Son and Heir Andrew Nugent of Portaferry, Esq1, the present Claimant, as One of the Coheirs of the before-mentioned Thomas Fourth Earl of Westmeath and Baron of Delvin; Barbara, the Second Daughter and Coheir of the said Lady Catherine, became the Wife of James O'Rielly of Ballinlough in the County of Westmeath, Esq1, and by him was Mother of the present Sir Hugh Nugent Baronet.

Upon the whole of the Case we are of Opinion, that a Barony in Fee has been fully proved to have existed in the Person of Thomas the Fourth Earl of Westmeath and Baron of Delvin; and further we are of Opinion, that Andrew Nugent Esqr, Your Excellency's Petitioner, has proved himself to be One of the Coheirs of the said Earl Thomas, and has to our Satisfaction fully (J 44.) made made out the Statement of his Petition; at the same Time, agreeably to the Usage in these Cases, we are of Opinion, that the Case may be properly submitted to the House of Lords of the United Kingdom, if His Majesty should be graciously pleased so to do.

All which is humbly submitted as the Opinion of Your Excellency's most obedient humble Servants,

 

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