Accounts of the Election of 1807, the Duel, and the Last Election of a Colclough
The following extracts from the Cornhill Magazine entitled “Irish elections 60 years
ago” and from which I (Beauchamp C JC 2013) omit the apocryphal portions, gives a very fair version of the
circumstance. “These encounters alternated from grave to gay. One of the saddest
occurred in the year 1807, in connection with the polling in Wexford “... all the
polling lay between Colclough and Alcock. At the hustings, many electors who had
promised their votes to the latter treacherously tendered them to the former. Alcock
called on his friend, yet opponent, to respect these votes, but Colclough anxious of
course to be at the head of the poll, accepted with alacrity, and thanked the rascals
with much satirical gratitude. This so exasperated Alcock that he sent a challenge to
his adversary, which was couched in such terms that Colclough, according to the
ideas of those days, could not possibly decline it. The two friends, accompanied as
was the custom, by troops of those who called themselves their friends met near the
quaint and Ancient looking city.
They were as courteous to each other as if offence had neither been given, taken nor
understood. There was no malice between them, but was then called “honour” had
been wounded and when such damage had been done it was always repaired by
murder, or an attempt at it. The two friends fired, Colclough clapped his hand to his
side, fell back dead, and “honour” was satisfied. The conclusion pronounced by some
of the spectators of “there's an end to that matter”, was, however not the true one.
Alcock unharmed in body, had received such a mental shock at seeing his friend lying
stark dead on the turf, that he was more to be pitied than the poor fellow he had so
swiftly and suddenly slain. Assuredly his condition was worse than that of the dead
man, for he speedily sank into an imbecility, from which he never recovered...”
Alcock was tried for murder, and happily acquitted, for althow it no doubt was
murder in the eye of the law, I do not hesitate in saying from information derived
from documentary evidence, as well as from a minute description of it from the lips
of my grandfather, who was an eye witness, that it was a fair duel.
I have heard it said that the funeral was a sight, to be witnessed only once in a
lifetime, and I can well believe it, for John was the people’s idol, and his memory is
revered to the present day, (Beauchamp's day 1879 JC).
The following was added by Beauchamp taken from a newspaper report of the time, the name of which I do not have to hand at present, this is a lifetimes work despite much having been done already JC 2013.
“A Legend of the County Wexford” which I took from a Newspaper published many
years and entitled “Old Caesar Colclough of Tintern Abbey”.
“The reader I trust will be kind enough to recollect the precise year, for I do not, that
Mr. Colclough, the candidate for the representation of the County Wexford, was
killed in a duel by his opponent, a gentleman of the name of Alcock. I hate dates and
politics, and all I can remember of the melancholy event is the funeral of the
unfortunate Sir John. It took place on a day remarkable serene and beautiful. I had
been at the Abbey of Dunbrody in the morning, and about two o clock arrived at
Tintern. The Village was literally in mourning, and every countenance wore the
aspect of unaffected sorrow. While most of the people had gone forward to meet
the funeral, I strolled into the depository of the dead, and not far from the newly
opened grave I saw an old man, to whose countenance I instantly became partial. It
was venerable, rosy and cheerful, he looked as if he had never travelled beyond the
precincts of his native hamlet, or ever tasted of the bitter cup which others are
doomed to drain. I took my seat in silence on a tombstone opposite to him, my
solitary companion was the first to speak. ”I wonder“ says he, ”will the birn be soon
here.” “I can’t say,“ was my reply. “Och,” says he, “they are making useless bodher
about it, with all their gewgaws and hat bands, for sure it was nothing but what was
to be expected after all, though he was kilt in a duel.” “Why?” said I, “I think no one
could have expected that Mr. Colclough would have been killed in a duel,” he shook
his head significantly and replied, “Aye, but every body knew that a Colclough can
never die on his bed like another’’. “How is that?” “Why you must know they all die
some how or another not in a natural way. One of ‘em is shot, another drowned and
another hanged, but the not o’ one of ‘em ever dies in his bed. Some of the
neighbours ses it is bekase they murthered all the clergy and friars who lived in the
Abbey in ould times before Oliver Cromwell, sweet bad luck to him come to Ireland.
But Father Doyle heaven bless im ses that couldn't be, for they were all massacred
before the Colcloughs set foot in the Country, for often and often, Jim Farrell of the
boghereen, who has a long head of his own, tould me that the Colcloughs never
would have luck nor place, because they quarrelled wid the “good people”. The first
of the family who settled in Tintern, was called Caesar, and like Sir John, he was a
great man for making improvements. He built a Market House and brought over
weavers from Germany to learn his poor tenants how to manufacture cloth, but
O’ch! themselves and their weaving are all gone, gone to pot now. Well as I was
saying, Mr. Colclough was fond of alterations, an among other things that stood in
his way was a mote. One day he ordered his men to dig it and carry it away to fill up
a quarry hole, but one of the men who knew something about the matter, advised
his master to make a ha ha of it for that it wasn't lucky or safe to meddle with the
place where the Sheeoges lived. Mr. Colclough only laughed at the fellow, and
ordered the men to do as they were bid. The first spit they took however broke the
pick and the first carload that was drawn away, sunk in the bog, and the horse wid it.
Begad the men got afraid, and refused to do any more, when Mr. Colclough himself
seized the pickaxe an fell to work, called his servants to help him and soon levelled
the mote, for good and all. An ould fairy woman, who lived in the country, sed he’d
suffer for it and so he did as things came afterwards to pass.
“The Colclough's were always fine fellows for sporting an hurling, and no gentleman
in the country could equal ‘em for throwing away money like chaff. Ould Caesar
Colclough was too a great favourite in England, and was hand and glove wid the
King, not Georgy but some other. ”Mr. Colclough,” says he ”you’re always talking
about your County Wexford hurlers, now I'll be bail you haven’t twenty one men
among ‘em all, that could hurley against twenty one Englishmen.” “Yes, my Liege,”
ses he, ”I have, an that I'll beat ‘em too.” “Done,” ses the King. “Done,” ses
Colclough, and off he sets hot foot for sweet little Ireland, for afther all, that’s the
spot for real good men, for if they weren't bigger nor a Clonmel turf, they’d beat an
Englishman any day. Well, when Colclough reached home, he gave out that the
Scarroghs would hurl against the Beanybags, an accordingly they met, and when the
match was over he picked out twenty one of the best from both sides, for per
tuchonn as the Barony of Forth fellows are, Begad they were always fine hurlers.
You can almost see the Tower of Hook from this, well there was no Tower there then
neither, but a fine grand castle in which an ould Irish gentleman, one of the real sort,
lived, who had the prettiest daughter of his own in seven counties. She had a great
fortune to boot, and we all know that money makes the mare go. Colclough, you
may be sure was head and ears in love wid her, an why but he would, seeing she was
a fine girl wid plenty of araguthchise! Afore going to England he went to take his
leave of her an she was very disconsolate, entirely so, she was, for something tould
her he’d never return. Any how she promised ‘im that every night she’d keep a light
burning in her window that overlooked the sea until he came back, for fear his vessel
might be racked on the rocks for want of something to guide her.
When Colclough arrived in England with his twenty-one hurlers, the King gave him an
hundred thousand welcomes, an when the day came for the match to take place the
boys began to strip. The Englishmen looked wid contempt on our hurlers an thought
they would only have childers play in putting out the goal. But egad, they were out in
their reckoning, for the Masther gave them a glass o’ Irish Whiskey a piece, and bid
them tie a yallow handkerchief about their middles, that way they would know one
another. The King, Queen, and all the ladies and gentlemen of the three Kingdoms
were looking on, an a fine sight they had when the ball was thrown up. Oh! then it
would do your heart good to see our boys, how they tossed about the Englishmen,
as if they were nothing in their hands, an every now and then, the King and Queen
would cry out, ”Well done Yellow Bellies, fine fellows Yellow Bellies”, meaning our
boys, who wore the yellow handkerchief about their middles. You may be sure the
paddys won the day and when the goal was put out, every lady cried,”hurrah! hurrah
! hurrah! for the yellow bellies”. An from that day to this, the people of the County
Wexford are now called “Yellow Bellies”. Throth that’s the only reason, for their
skin, astore, is just as white as another. You may be sure Colclough, having received
his wager, left England wid flying colours, an was making all haste to his sweetheart,
who was waiting for him night after night in her father's Castle wid her light burning
to direct him where to sail. One night while she was watching the blue waves like a
Banshee watching in an ould ruin, what should she hear but the finest music in the
world wide. It was soft so soft, and so delicious, an she was as weary that she fell
asleep fast, fast, fast, asleep. When she awoke she found her candle out, and the
waves running mountains high. In a minute she hears the screams of poor sailors in
distress, an thought she could mark her Colclough's voice amongst the rest. She ran
down, called her father and all the servants, but it was of no manner of use. The
vessel had been dashed to pieces on the rocks, an only two persons saved their lives.
Next morning the body of the great Colclough was washed on shore, and thus the
“Good people” were revenged, for sure it was them, an’ nobody else, that purposely
set the poor young lady asleep wid their music, that they might put out the light an
raise the storm. Indeed, one of the men who was saved, sed they heard the music,
and saw the light, but it was a false light and lid ‘em astray. The poor young lady, you
may be sure was a’most broken hearted, an as she ever afterwards had pity for poor
sailors, she turned her father's Castle into a light house, an a light house it is, to this
very day. “As you see,” continued my informant, ”How dangerous a thing it is to
meddle wid the “Good People”. The Colcloughs have long since repented of it, as
good reason why. But here is the birn”, and he pointed to the road along where the
funeral train was advancing, and so ended our conversation.
Caesar, the testator, was, as I have said, a prisoner in France, and how the estate
was managed from the time of John’s death, till Caesar returned to this country at
the peace of Amiens, it is rather difficult to say. In his early life Caesar lived a great
deal with his Uncle Adam at Duffry Hall and at one time when Caesar the eldest son
of Adam (afterwards Chief Justice) was at the Bar in Dublin, and Caesar of Tintern in
College there, a quarrel took place between them, which terminated in a duel, after
which they became friends again. Caesar of Tintern in one of his letters, alluding to
his early life, says that he was driven out of Ireland to escape from his father’s
importunities that he went to London 6th November 1789, where he attended the
Law Courts, and eat his dinners at Lincoln Inns, that he went from that to Paris in
1791, ”Which isolated me from all persecutions, and opened at the cheapest rate
the doors of my favourite pursuit in the Arts, and exact Sciences”. Owing to the
interruption of all intercourse between the two Countries at that time, it was
supposed for years that he was dead, during which time, he was under the necessity
of supporting himself, and his mechanical ingenuity and skill stood him in good
stead.
This song recalling the hurling match between the Carlow team and the
Duffry Hurlers.
The Hurling at Mohurry.
All you that court Fortune and her fond smiles,
A jade that is giddy and made up of wiles;
Beware, lest, like Carlow men, you get a fall,
That hurled against Duffry at Duffry Hall.
Themselves are to blame; they're lately grown bold,
For they knew that the Duffry was famous of old;
Their sires and grand-sires the same story could tell,
That the brave County Wexford bore always the bell.
As I sat in my chair in a sycamore tree-
A place which the hurlers appointed for me-
I was struck with surprise when I saw the Carlow men,
Appearing in stature like the great “Anakim”,
I then invoked Pallas, the goddess, by prayer,
Beseeching that she might the Duffry spare;
Said the goddess to Cavanagh, ”Be not in dread”;
David, though little, Goliath left dead.
Though they have the advantage of ground, sun and wind,
Our brave Duffry heroes will goal them you’ll find;
Like bulwarks they’ll stand in a thick fearful host.
But those Hectors, we’ll make them all pay for the roast.
Squire Colclough our patriot threw up the ball,
And Dick Doyle from Marshalstown gave the first fall;
Our men being well trained in the hurling school-
Like a shot from a cannon they sent the ball “cool”,
When Carlow men tempted to force back the play,
Pat Byrne ,like Ajax, stood much in the way;
Mick Murphy from Bantry, performed great deeds,
And men stood before him as feeble as weeds.
Thumkin and Mullett did manfully play;
These were to be pitied who came in their way,
Dick Doyle and Art Mullett and hardy Jack Tharp,
Nick Cowman, Pat Connor, and Ned played that day;
Without them we never had carried the sway.
Once at a time when the ball it came down,
Unknown to the heroes of brave Marshalstown,
Pursued by brave fellows who home the play,
Our counterscarp heroes obstructed the play.
Jack Tharp, Bob and Mickey, great valour displayed,
Like Achilles’ myrmidons manfully played,
They up the ball like the hurlers of old;
Poor goal-keeper, Kelly had like to get cold.
Dillon and Nolan played well in their turn,
And sent up the ball to the gallant Pat Byrne;
Pat with his thunder bolt ran like a roe.
Brought with him the ball, and drove it through the bow.
So let the Carlow men ever pretend,
Though they’re surely brave fellows, with us to contend,
Were they not defeated the Sunday before?
Mick Murphy of Oulart had his collar bone sore.
Now, since we had won this Olympian prize,
Let us drink till the liquor flows out of our eyes,
And toast the great offspring of Caesar the Bold,
Who means to establish the customs of old.
This old hurling song was composed by the wandering bard, Cavanagh,
after the great inter-county hurling match between Carlow and Wexford
at Mohurry. It will be noticed that in the last line of the third verse of the
song that the goal is referred to as the “bow”. “Guarding the bow”, is very
often used in old County Wexford hurling songs as the equivalent for the
modern goal-keeping. The “bow” of the old time songs was much more
easy to guard, and a much more difficult mark for the forward player than
the up-to-date goal with its liberal scoring space. The “bow” was formed
by two sallies bent in the form from which it probably took its name
His namesake the Councillor, was at this time following his profession in Ireland, and
it is related of him, that when on one occasion the Barristers on circuit were going
from Wexford to Waterford by way of Ballinlaw, and had arrived at the bank of the
river, they found the wind so boisterous, and the crossing so extremely dangerous
that all the party with the exception of Caesar Colclough declined the venture. He
however, persisted in going, and reached the opposite shore in safety, upon which
his friend Mr. Charles Kendall Bushe (afterwards Judge) threw off the following
impromptu,
While meaner souls the tempest keeps in awe,
Intrepid Colclough crosses Ballinlaw,
And tells the boatman shivering in his rags,
Thou carriest Caesar and his saddle bags.
Presumably the journey in those days, was made on horse back.
Sir Jonah Barrington also a friend of Caesar, adds some particulars whose
authenticity I do not vouch. Getting dismayed during the passage, Caesar
began to cry on the Lord for protection, “Arrah, Councillor,” said the
boatman, “don’t go on praying that side if you plase, sure it’s the other lad
you ought to be praying to. “What lad do you mean?” cried Colclough in
alarm. “What lad! Why, Councillor, the ould people do be always saying
that the divel takes care of its own, and if you don’t vex him by praying the
other way, I really think, Councillor, we have a purty safe cargo aboard this
present passage.
Counsellor Caesar was appointed Chief Justice of Prince Edward Island in 1807, and
of Newfoundland in 1813, but owing to failing health, he was obliged to resign his
appointment a couple of years afterwards, and return to this Country with his wife
and two daughters. He died a few years afterwards in France, and in a letter to his
namesake in Tintern, written shortly before his death, he urgently recommends his
orphan children, to the care of the head of his family. This letter with many others
was found by me (Beauchamp 1879 JC) afterwards in the old press at Tintern.
As I look through these documents I will post them because they make interesting reading. I have managed to get all the pedigree put togther by Beauchamp onto a spread sheet, it's difficult to get onto this format. I am setting up a website where I hope to be able to publish them.
John
Monday 27 May 2013
Friday 24 May 2013
A disturbing will
This document, rather the transcription, is part of a bundle of papers given to me by my late Uncle Bernie.
I photocopied it and used OCR (optical character recognition) to get it onto here. I find the will causes me some distress, but if you can think of it in terms of the date it was written, and where it was written then as an historical document it gives an unsettling insight into that society. Anyone who reads this who is a descendant of Richard Augustus Colclough this is not a comment on you, it might not even be a comment on him, I suppose we are all products of our time. In fact there was a namesake of mine who went to the West Indies and became a plantation manager in the late 1700's. More of which when I get to it
Irish people along with most Europeans do not have a proud history relating to slavery, think of St. Patrick. The city where I live, Swansea was the world centre at one stage of copper production, ingots of which were used in the slave trade, Bristol just across the channel built its prosperity on it.
Anyway the idea that a person can leave another human being to their sister in their will is horrific in my modern psyche, but I feel shame that this is present in the family who's name I bear.
It puts the financial,sexual and litigious shenanigans of some of our other ancestral relations into perspective.
Feel free to comment....
COPY WILL OF RICHARD AUGUSTUS COLCLOUGH
dated 16th Dec.1862
Richard Augustus Colclough, Esquire,
Attorney at law of the City and County of Montgomery
and State of Alabama, one of the Confederate
States of America, being in ordinary health, and of a sound and disposing mind, do make, ordain,
publish, and declare the following as
and for my last will and testament. To wit
FIRST: my executors herein
after named, are hereby directed immediately
after my death to collect all debts, due me, and to sell, either at private or public sale, as they
may think proper, the whole of my
estate both real and personal, excepting
such property as may herein be specifically devised and then out of the debts so collected and the
product of the said sales, to dispose thereof in the following manner:
1st. to pay and discharge all my just
debts.
2nd. to divide the balance left into
four equal shares and then to pay over the same as
follows to the following persons
To my sister Catherine Colclough now of the City of Montgomery aforesaid one fourth.
To my sister Mary Colclough now of Ormond
Cottage, City of Kilkenny, Ireland, one fourth.
To John Bagnal and Fannie Martha Boyd
of Ireland, Children of my
deceased sister Martha Colclough who intermarried with Doctor James Boyd, Ireland, as in common one
fourth.
To George Jephson
son of my deceased sister Harriet Colclough who intermarried with George
H Jephson, Ireland, one fourth.
SECOND: I will and bequeath to my
sister Catherine Colclough as a specific legacy my
negrowoman slave Diana. Also the other following articles and property to wit,
the which worn and carried by my venerable
Father Bagenal Colclough, all the family
Pictures and Portraits, all trinkets, also all my silver ware and plate of every description, also my entire
library and stock of books, excepting
only my law books, which are to be sold as in the first clause of this
will directed.
THIRD: I direct my executors should the
same not be completed before my death, to have
completed and erected the monument engaged by
me of Barnard Young for the burial ground owned by me in the City Cemetery and
have the same enclosed by a neat and substantial Iron railing.
FOURTH: If at the time of my death there should be any unfinished of my professional business remaining: I direct my
Executors to employ and retain one or more Counsel able and learned in the law to finish and complete such
business. FIFTH: I nominate,
constitute and appoint my friends DrThomas Taylor of Mount Meigs,
Alexander Bell, Joseph Hale, and David Campbell,
one or more of these as executors to this my last will and 'testament, hereby revoking and setting
aside all other wills by me
heretofore made, and declare this to be my last will and testament,
witness my hand and seal this 16th day of December 1862.
Testator died in Alabama
11th April 1865.
I think Catherine and Diana lived into old age together. JC
Sunday 19 May 2013
Some more wills
Some more wills, it's a bit lazy but I am away in the motorhome again, Padstow in Cornwall. I cant find any Colclough connection here, feel free to let me know if you know different. I think I'll walk down to the town to one of the pub's that will allow Diane and myself in, Poppy the Jack Russell is allowed in every pub, have a pint of HSD, then come back read more of the papers and see what turns up. So I hope that these wills can be of some interest.
John
In the name of etc., I, Sir Adam Colclough of Tyntern Co Wexford Bart etc.
My will is that my body shall be buried in the Church of Tyntern in the toomb.
Item. I foredain and appoint my beloved wife Dame Alice Colclough, and my son and
heir Sir Caesar Colclough, my executors, to whom I bequeath all my goods and
Chattels, to be equally divided between them. Item. I bequeath unto my brother
John Colclough and his five children £40 a year, to be paid out of all my lands and
tenements yearly, (describes in what way) Item. I bequeath my cousin Leonard
Colclough £50, sterling, to be paid out of my personal estate,Item.(some small
legacies) Appoints his brother Sir Thomas Butler Bart, his brother in law John
Pigott,and his cousin Nicholas Loftus, overseers of his will, in witness etc.,
Adam Colclough.
Witness present, Anthony Proctor, Leonard Colclough, Thomas Chishine, John
Griffith.
Will dated, 4th April 1637, and Probate granted by the Prerogative Court, Dublin 3rd
May 1637.
Memorandum. Adam Colclough that on or about the month of July 1652, Adam
Colclough late of Tyntern in the Co Wexford Gent, deceased, being in perfect sense
and memory, did make and declare his last will and testament nuncupative, in
manner and form as followeth, or words to that effect, viz. “I give and bequeath
unto Patrick Lambert £20 sterling, and my two saddle horses, and all the rest of my
goods and chattels, debts and credits, that I have or ought to have at the time of my
death, except one of the said horses. I desire may be delivered unto Patrick
Colclough upon whom I leave the charge of the said Patrick Lambert. I also do give
£10 unto Ellen Lambert, which I desire the said Patrick Lambert to pay unto the said
Ellen Lambert.
Administration granted to Patrick Lambert, Prerogative Court, Dublin 6th
September 1655.
Note: The foregoing was son of John, and grandson of Sir Thomas Colclough.
Sir Caesar Colclough Bart. (The Elder) In the name etc., Recites having with consent
and participation of his wife Dame Frances, now deceased and his son Caesar, levied
a fine and suffered a recovery in Hilliary Term 1675, in the Court of Common Pleas,
Dublin. Whereby he is involved with power to dispose of his Estates as shall to him
seem best and fitting. “I do therefore in the first place, give and bequeath all the
said premises, after my decease, unto my said son Caesar Colclough, and the heirs of
his body lawfully begotten and for want of such heirs, unto my daughter Margaret
Colclough alias Leigh, during her natural life, the remainder to the heirs of her body
lawfully begotten, remainder for want of such to Patrick Colclough of Mocurry in the
County Wexford, and and the heirs male of his body lawfully begotten, remainder for
want of such to Anthony Colclough, formerly of Rathlin (Rathellin) in the County of
Catherlough and the heirs male of his body lawfully begotten, remainder for want of
such to Adam Colclough of Delph House in the County of Stafford, England, and the heirs male of his body lawfully begotten, remainder for want of such, to the right
heirs of me Sir Caesar Colclough for ever”.
The foregoing refers to his property in Ireland, his English property viz,
“In Woolstanton, Mayford, Hanley, and in and near Newcastle in the County of
Stafford” he entails precisely in the same manner. “Provided always, and upon
condition, that whereas my intent and meaning is, that my Estate in Ireland and
England, should remain and continue in my name, as well as in my blood, that if in
case my said Estate and premises do come to be inherited and enjoyed by my heirs
female, according to the several limitations to them as aforesaid, that then such
heirs females, and their heirs males and females, inheriting by virtue of these
presents, and the husband of any such heir female, shall assume respectively the
sirname of Colclough, in default of which, that there immediately the next remainder
according to the above limitation, shall commence devolve and accrue. And also
that in case my Estate, for want of issue of my own body, shall descend to the said
Patrick Colclough, that then my will is that the sd Patrick Colclough or his heirs, shall
pay the yearly annuity of £20 to my cousin Caesar Colclough, second son of the said
Anthony Colclough, and the like annuity to my cousin Mary Colclough, wife to James
Butler, sometimes of Ballinloge, during their natural lives”. Recites that having
settled on his said daughter Margaret Colclough als Leigh, at her marriage, and as
marriage portion the sum of £1500 to be paid after testator's death, but a part of
which viz £500 having been already paid, an agreement was entered into between
the said Sir Caesar, and said Robert Leigh, husband of said Margaret, bearing date 8th
Oct 1673, by which the proper payment of interest on said marriage portion was left
at the discretion and pleasure of said Sir Caesar. “I therefore in full satisfaction and
discharge of all such interest, hereby devise and bequeath unto the said Robert
Leigh, the sum of £20 sterling to be paid him within one year after my death”.
Recites having mortgaged certain lands in the County Wexford, and wills that said
lands, shall be liable to said mortgages, wills that his heir shall make good any leases
which he has already, or may hereafter make of land or tithe.
Recites that having power under a deed of settlement, in case he should survive his
wife Dame Frances, to raise a sum of £500 out of certain townslands specified, wills,
that his feeofees do raise said sum, out of sd lands, to be applied for the payment of
specified debts, or such part of them as he shall at his death leave unpaid, viz. £120
to Mr. Patrick Lambert, £60 to Captain John Trench,£55 to Mr. Edward Smith of
Aldridge, £40 to Mr. David Furlong, £10 to Hugh Cafrell any balance due on bond to
Richard Lowe formerly servant,as likewise to Mr. Mackin of Newcastle, Staffordshire.
Reserving power to bestow legacies, and charge the estate with the payment of
other debts as he might thereafter think proper to do, by codicil to be annexed to
Will. “And lastly, I do nominate and appoint, my two kinsmen Henry Loftus of Loftus
Hall,and John Cliffe of Dungulph Esqs, to be my feeoffies in trust”. In witness etc.,
Caesar Colclough.
this 20th day of June 1683.
Codicil.
Recites clause in will, bequeathing Robert Leigh the sum of 20/- in
lieu of interest on his wife’s fortune, and also that clause stating the payment of part
of said £1500, viz £500, “Now my will is, and I do hereby bequeath unto my said son
Robert Leigh, the full sum of £1500 over and above what said R L has already
received and I do direct that said R L shall receive interest on £1000 of sd sum, at 10
per cent, from the time of my death, till the principal be paid, the said legacy I
bequeath to be in full of Principal and interest’. Lastly directs servants wages to be
paid.
In witness etc.,this 18th January 1684.
Caesar Colclough.
Probate granted in the Prerogative Court, Dublin to Sir Caesar Colclough Bart. (the
Younger) 1684
Note: The foregoing was copied by me (Beauchamp Colclough) Novr 1854, from a
Manuscript book in the handwriting of the late Caesar Colclough of Tintern Abbey,
and compared with the original will in the New Record Court Dublin, Novr 3rd 1873.
Administration to the foregoing will was subsequently granted by the Prerogative
Court, Dublin, 3rd March 1702, to John Pigott Colclough, and Margaret Pigott
Colclough, his wife.
Robert Leigh Colclough, of Tintern Abbey County Wexford. Recites Deed of
Settlement 3rd Feby 1684. Leaves his dearly, beloved wife Margaret Leigh Colclough,
all his plate and jewels, coach and horses and for her life his dwelling house situate
on Arran Quay, in the suburbs of the City of Dublin, In case by any means, his lands
on which his wifes jointure is secured, should be taken away by law or otherwise,
that then the whole of his lands etc., except those in Kildare, shall be liable in order
to pay his said wife an annuity of £250 in lieu of her jointure. Leaves his Estates, (his
own estates) to his nephews, Francis Leigh and Spencer als Robert Leigh, and
appoints his wife, and Spencer als Robert Leigh, Executors and his brother Francis
Leigh, and brother in law James Barneval overseers.
Will dated 4th May 1694, and proved in the Prerogative Court, Dublin. 1695.
John Pigott Colclough, desires to be buried at a charge of £100 in such place as “My
dear and well beloved wife, Margaret Pigott Colclough shall think good,” Item,
directs his debts to be paid. Item, leaves his dearly beloved wife M P C during her
natural life the use of all his household stuff, plate, jewels, coaches and chariot,
coach horses and riding horses, mares and colts, except such two of the sd riding
horses as she shall think to assign to his grandson John Pigott eldest son of William
Pigott decd, when he shall have occasion for them. Item, leaves his wife during her
natural life, the use of all his black cattle, sheep, and all other cattle, and after her
death, all the above, and their produce, or such shall remain of them, to be equally
divided between John Pigott, his grandson by his eldest son William Pigott, Capt.
Southwell Pigott, his daughter Elizabeth Warburton, and his youngest daughter the
Lady Jane Pierse. Item, leaves his grandson John Pigott his library and papers etc.,
and to John Norman gentleman, two suits of clothes (the coronation suit not to be
any of them) and £10, and the like sum annually during his life. Item, leaves his wife
£150 to buy her mourning, and furnish her rooms with black. Item, leaves John
Pigott, Colclough Pigott, and Cornelia Pigott, three of the children of his son Capt.
Southwell Pigott, £100 stg each. Item, leaves his grandchildren, John Warburton and
Garthrind Warburton £100 each, to be disposed for their use by their mother
Elizabeth Warburton, widow of Richard Warburton decd. Item, leaves his grandson
John Pierse and granddaughter Garthrind Pierse, the children of Sir Henry
Pierse,Bart, and his said daughter Jane £100 each.Item, leaves to his good kinsman,
The Rev. Father in God, Hugh Gough, Chaunter of Lymerick, and the Hon Col. William
Harrison of Gowrine County Limerick the sum of £150, to build houses for poor
Protestant widows. Item, leaves to the foregoing £12 per annum for clothing and
support of sd widows and recites deed of settlement of his Estates, 24th Feby 1712-
13. Item, leaves certain land in the County of Limerick to his grandson John Pigott
FitzWilliam and his heirs, on condition if said sum of £150 be not sufficient, that he
shall make it good, and pay the yearly sum of £12, and also pay an annuity of £10 to
his only sister Mrs Elizabeth Fitzgerald, in default of which said lands to go to his son
Captain Southwell Pigott and his heirs, charged as above. Item, leaves his son
Southwell Pigott, several sums in bank, on condition, that he shall within a year
layout £100 sterling, in erecting a marble monument in Kilfenney to his mother
Garthrind Pigott als Southwell decd 28 May 1683, mention to be made of his three
brother's, John, Robert and Richard, and his sister Anne, who are there interred, and
also a marble monument to devisor value £100, in such place as his said wife M P C
shall direct and also pay £10 to the poor of the Parish of St.Pauls, Dublin and £10 to
like, in Tyntern, and the like in Kilfenney. Item, appoints his dearly beloved wife M P
C guardian and overseer of his two gdsons John and William Pigott, only surviving
sons of his eldest son William Pigott decd. Item, desires that his Exors shall present a
mourning ring each to his kinsmen the sd Revd. Hugh Gough, Col. Wm Harrison, and
Patrick Peppard. Item, recites monies in his possession, and to which he is entitled,
and hands them over to his Exors to carry out his bequests. Item, nominates and
appoints his wife M P C and his son Capt Southwell Pigott, both of Arran Quay,
Dublin, his Executors, and revokes all former wills, except one he lately made of the
Estate of Copaid Queens County, and another will of his father's forty nine lott in the
County of Leitrim.
Signed John Pigott Colclough .
Witness, Thomas Tilson junior, William Crompton, John Norman.
Codicil, Whereas said buildings for widows are now finished, revokes sd bequest of
£150 to the Hon Col Wm Harrison, and to the Revd. Hugh Gough, and whereas his
bank stock is charged with £100 for a monument to his first wife, which is now partly
paid for, sd £100 shall be only charged with balances.
Signed J. Pigott Colclough.
Will dated 18 Feby 1716-17 and proved in the Prerogative Court Dublin 7th June,
1717.
In the name of God, Amen. I , Margaret Pigott Colclough of Tintern in the County of
Wexford, being indisposed in body, but of sound and perfect mind and memory,
praise be to God for the same, and knowing the mortality of this life on earth, and
being desirous to settle things in order, do make this my last Will and Testament, in
manner and form following, that is to say, first and principally, I commend my soul to
God, my Creator, assuredly believing that I shall receive full pardon and remission of
my sins, and be saved by the alone merits of my blessed Saviour Jesus Christ, and my
body to the earth from whence it was taken, to be decently interred amongst my
ancestors at Tintern, unless it shall so happen that I shall die in Dublin, then my will is
to be buried in St. Pauls Church by Mr.Pigott, in decent manner as my Exor and
Trustee hereunder named, shall think proper. And as touching such worldly estate,
as the Lord in mercy has lent me, My will and meaning is, the same shall be
employed and bestowed as by this my last will is expressed. And first I do revoke,
and annul, and make void, all former will or wills by me made, and do declare this
and no other to be my last Will and Testament. Item, first my will is that all my
servants’ wages, and all my other just debts, shall be truly paid. Item, my will is that
the sum of £150 be paid out to my funeral expenses. As to goods and plate, I have
none to dispose of only the fourth part of all which I purchased with my own money
from Mrs Jane Pigott, mother to John and William Pigott as appears by her
discharge. Item, I give and bequeath to my dear daughter x, Mrs Elizabeth
Warburton, my large diamond ring given me by her father. Item, I give and bequeath
to my dear nephew Robert Leigh of Long Graigue, my gold watch chain. Item, I give
to the Revd. Mr Thomas Driscoll £20, besides what shall appear due to him at the
time of my death. Item, I give and bequeath my dear cousin Mr. Caesar Colclough of
Mohurry, my chariot and my horses, and all other goods which shall appear to be
bought by me since the death of Mr. Pigott, to the sd Caesar Colclough of Mohurry.
Item I give and bequeath to my dear cousin Mrs Eleanor Mary Knight, the sum of £20
to buy her mourning. Item. I give to the parish of Tintern and Ross, and St. Pauls,
Dublin, £10 each parish to the relief of the poor. Item. I give £10 to each of my
cousins of Rosegarland and the Graigue to buy mourning. Item, I give to Mary Walsh
my servant the sum of £20, with all my wearing clothes of all sorts. Item I give to my
servant James Walsh, the sum of £10 pounds. Item, I give to Michael Nowland £5.
Item, I give to Michael Caulfull, to Nancy Naylor, and Mary Murphy £10, The better
to enable my Executor and Trustee hereunder named to see this my will fulfilled, I
have several sums of money now by me, and several sums due by me at my death,
all which may amount to near £1000. Item, I give and bequeath to my cousin
Elizabeth Elliott £10 and lastly, I do nominate and appoint, John Cliff Esqr. of Ross,
my whole Executor of this my last will and Testament, and also my dear nephew
Robert Leigh of Lougrage my overseer of this my last will and Testament, and do
appoint £50 apiece as a legacy to them. This will finished and signed by me this 24th
December 1722.
Margaret Pigott Colclough.
Probate granted in the Prerogative Court, Dublin, 2nd June 1723.
Note: Mrs Elizabeth Warburton was step-daughter only, she being a daughter of
John Pigott by his first wife Garthrind Southwell. Elizabeth Pigott was married to
Richard Warburton in 1695,and her father John Pigott was married to Margaret
Leigh Colclough in 1696.
In the name of God, Amen. I, Dudley Colclough of Mohurry etc., “I will that my dear
and well beloved wife Mary Colclough shall have and enjoy all my household goods
plate, jewells, rings, furniture, linen and woolen, horses, mares, cows, sheep,
coaches, chaises, and their harness, of what nature or kind soever. And the
remaining part of my personal goods and chattles, debts, arrears of rents and assets,
to be in the power and management of my Executors hereafter to be named”.
Recites deed of settlement (date not given) formerly made and enrolled, whereby he
settled his real estate on his dear eldest son Caesar Colclough, and gave his eldest
daughter Margaret Colclough as portion £1000, also to his second son Francis
Colclough £600, also £1400, to be equally divided amongst the rest of his younger
children hereafter named, payable out of his real estate, except such part of it in
jointure of his dear wife, and whereas under said deed of settlement he had power
to raise out of his real estate, the further sum of --- not exceeding £1500. “I the said
Dudley Colclough in pursuance of said power to me reserved, bequeath the sum of
£100 part of the said £1500, to be added to the sd sum of £1400, to make up £1500,
which sum I order to be equally divided between my youngest children, Maryanne
Colclough, Thomas Colclough, John Colclough, Henry Colclough, and Dudley
Colclough £300 to each. Which sums being for their present advancement, I direct
my Executors shall advance to them at such times as they shall think fit, and in case
any of my sd younger children should die before the receipt of their respective sums,
it is my will, that such be divided among the remaining of my said five younger
children”.
Bequeaths in addition to the sd sum of £300 -£500 to his dear daughter Marianne
Colclough, to be paid her on her day of marriage, and which £500 is to be taken out
of the sd sum of £1500, but in case she should die unmarried sd sum of £500 to
revert back to his estate, which would there remain discharged thereof.
Recites power reserved under said settlement for the reasonable maintenance and
support of all his younger children until they have received their several portions,
and pursuant to the intent thereof. “ I direct that £30 be paid my son Francis, £30 to
my daughter Margaret, £30 to my daughter Marianne, and £20 apiece to my sons
Thomas, John, Henry, and Dudley, the same to be levied out of my real estate
(except such part as is in jointure to my dear wife) and paid yearly at the usual gales,
and same payments to commence from the date of my death’”. Gives his Executors
full power to raise £100 out of the £600 for his son Francis, and gives also such sums
for his younger sons, and out of their portions respectively, as sd Exors shall deem
meet and fit, for prefering them to trades or otherwise, directs interest to be paid on
younger childrens portions till principal sums to be paid in full. Item, Bequeaths his
natural brother Mr. Oliver Colclough £150 for his maintenance and support, the
same to be paid within three years of testator’s death, and bearing interest till paid,
and sd £150 to be part of sd £1500”. Bequeaths unto Father Michael Fitzhenry, his
Parish Priest £3, to be paid at testator's decease, and directs that sd Priest, shall hold
the lands of Shroughmore during his life rent free, and be discharged of all arrears of
rent due on said lands, directs each one of Romish Clergy in the Diocese of Ferns, to
be paid the sum of £1, at the time of testator's burial. Directs £40 to be distributed
to the poor as his Exors shall deem fit. Directs all his debts to be paid out of the sd
£1500. Directs that £150 be expended on his funeral, the said sum to come out of
arrears of rent due at time of testator's death, and if there should happen to be a
deficiency, the s deficiency to be made up out of the sdd £1500. “Item. I give and
bequeath unto my dear brother Adam Colclough, a suit of mourning, the like unto
my beloved cousins and kindsmen, Sir Pierse Butler, Knt, and Caesar Colclough Esqr,
and the like unto Mr Oliver Colclough, to be deducted out of the £1500 aforesaid. I
constitute and appoint the said Pierse Butler to be sole Executor of this my will and
the sd Caesar Colclough overseer of the same.“ Directs his Executor to pay to his
sister in law Mrs Bridget Barnwall whatever may be due her, and to deduct the same
from the aforesaid £1500, “All which I publish and declare to be my last will and
Testament and no other”.
In witness etc., 2nd of July 1712.
Dudley Colclough.
Probate granted same year in the Diocese of Ferns.
Copied from a Manuscript Book of the late Caesar Colcloughs, which was found by
me in an old press in the Abbey in 1853, and compared with original will in the New
Record Court, Dublin, Novr 1873.
Maria Flaherty als Colclough als Barnwall, widow, of Mohurry Co. Wexford,
intestate.
Administration to effects, granted in the Prerogative Court, Dublin to her son
Caesar Colclough of Tintern. Dated 13th December 1725.
Will of Caesar Colclough of Rosegarland.
Recites, that whereas by settlement dated 22nd December,1702, he had granted and
conveyed to his son Anthony Colclough, certain lands, tythes, and farms, in the
counties of Carlow, Tipperary, Kildare, and Wexford with certain remainders and
limitations as set forth, now declares that he does further grant and bequeath to his
sd son Anthony all his mortgages, leases, goods and chattels, both in his own and
father's right, charged with £300 each to his daughters Frances and Eleanor
Colclough, as reserved for them by settlement, and also £200 to his cousin Mary
Ivory, to be paid within twelve months, also all his debts, more especially £1500, for
which his brother Adam Colclough is surety. Leaves his daughters, if they marry with
their mother’s consent £700 additional each. Leaves some small legacies to servants
etc., and appoints his son Anthony Colclough sole Executor.
Signed Caesar Colclough. Dated 24th April 1724.
Will not witnessed, but on affidavit of sad Anthony Colclough, and Robert Devereux
as to hand writing, Probate was granted to the former in the Prerogative Court,
Dublin. 7th January 1726.
Anthony Colclough having died before testator's Estate was finally settled,
administration was granted in the Prerogative Court, to Thomas Webster of Dublin,
Merchant. Frances Colclough and Eleanor Maria Sutton als Colclough, having
renounced, dated 19th December 1736. Thomas Webster having also died before the
Estate was settled, Administration was again granted in Prerogative Court to Caesar
Sutton Colclough of Longraigue in the County of Wexford, dated 17thJune,1756.
Anthony Colclough of Ballysop. intestate. Administration granted in the Prerogative
Court, Dublin to Elizabeth Colclough als Fitzgerald, widow and relict of deceased,
dated 28th April 1729.
Administration was subsequently granted to Frances Colclough, wife of Thomas
Colclough of Wexford, and Eleanor Maria Sutton als Colclough, wife of William
Sutton of Longraigue, Elizabeth Colclough als Colclough als Fitzgerald having
remarried.
Dated 4th January 1733.
In the name of God, Amen, I, Adam Colclough, of Boley, in the County of Wexford
gentn, being sick and weak in body, but of sound and perfect sense and memory,
praise be to God for the same. Do make this my last will and testament, in manner
and form following (hereby revoking and making all former wills and testaments by
me heretofore made, void) and declaring this to be my last will and testament and
no other.
First and principally I recommend my soul to God, and my body to be interred in the
Church at Tintern in the sd County, in such decent manner, as to my Executors
hereafter named shall seem fit. Item, I order and direct that all my just debts to be
paid and discharged by my said Exors. Item, I leave and bequeath unto my dearly
beloved wife Mary Colclough als Foord, the sum of £400 stg, if she does not marry
again, and but £300 if she does marry again. Item, whereas my children by my
former wife, are already provided for by settlement, I therefore leave and bequeath
unto my six children by my second wife, all the rest of my worldly substance. Item, I
do hereby nominate my nephew Mr. Thomas Colclough of Wexford, and Mr
Abraham Tobin of Coolcannon in the sd County, Exors of this my last will and
testament.
Adam Colclough
As witness my hand and seal the 11th day of February 1734.
Witness Present. Dom. Donegan, Patt Colclough, William Wolman.
Not pub. Probate granted at Ferns, 6th August 1735.
John
In the name of etc., I, Sir Adam Colclough of Tyntern Co Wexford Bart etc.
My will is that my body shall be buried in the Church of Tyntern in the toomb.
Item. I foredain and appoint my beloved wife Dame Alice Colclough, and my son and
heir Sir Caesar Colclough, my executors, to whom I bequeath all my goods and
Chattels, to be equally divided between them. Item. I bequeath unto my brother
John Colclough and his five children £40 a year, to be paid out of all my lands and
tenements yearly, (describes in what way) Item. I bequeath my cousin Leonard
Colclough £50, sterling, to be paid out of my personal estate,Item.(some small
legacies) Appoints his brother Sir Thomas Butler Bart, his brother in law John
Pigott,and his cousin Nicholas Loftus, overseers of his will, in witness etc.,
Adam Colclough.
Witness present, Anthony Proctor, Leonard Colclough, Thomas Chishine, John
Griffith.
Will dated, 4th April 1637, and Probate granted by the Prerogative Court, Dublin 3rd
May 1637.
Memorandum. Adam Colclough that on or about the month of July 1652, Adam
Colclough late of Tyntern in the Co Wexford Gent, deceased, being in perfect sense
and memory, did make and declare his last will and testament nuncupative, in
manner and form as followeth, or words to that effect, viz. “I give and bequeath
unto Patrick Lambert £20 sterling, and my two saddle horses, and all the rest of my
goods and chattels, debts and credits, that I have or ought to have at the time of my
death, except one of the said horses. I desire may be delivered unto Patrick
Colclough upon whom I leave the charge of the said Patrick Lambert. I also do give
£10 unto Ellen Lambert, which I desire the said Patrick Lambert to pay unto the said
Ellen Lambert.
Administration granted to Patrick Lambert, Prerogative Court, Dublin 6th
September 1655.
Note: The foregoing was son of John, and grandson of Sir Thomas Colclough.
Sir Caesar Colclough Bart. (The Elder) In the name etc., Recites having with consent
and participation of his wife Dame Frances, now deceased and his son Caesar, levied
a fine and suffered a recovery in Hilliary Term 1675, in the Court of Common Pleas,
Dublin. Whereby he is involved with power to dispose of his Estates as shall to him
seem best and fitting. “I do therefore in the first place, give and bequeath all the
said premises, after my decease, unto my said son Caesar Colclough, and the heirs of
his body lawfully begotten and for want of such heirs, unto my daughter Margaret
Colclough alias Leigh, during her natural life, the remainder to the heirs of her body
lawfully begotten, remainder for want of such to Patrick Colclough of Mocurry in the
County Wexford, and and the heirs male of his body lawfully begotten, remainder for
want of such to Anthony Colclough, formerly of Rathlin (Rathellin) in the County of
Catherlough and the heirs male of his body lawfully begotten, remainder for want of
such to Adam Colclough of Delph House in the County of Stafford, England, and the heirs male of his body lawfully begotten, remainder for want of such, to the right
heirs of me Sir Caesar Colclough for ever”.
The foregoing refers to his property in Ireland, his English property viz,
“In Woolstanton, Mayford, Hanley, and in and near Newcastle in the County of
Stafford” he entails precisely in the same manner. “Provided always, and upon
condition, that whereas my intent and meaning is, that my Estate in Ireland and
England, should remain and continue in my name, as well as in my blood, that if in
case my said Estate and premises do come to be inherited and enjoyed by my heirs
female, according to the several limitations to them as aforesaid, that then such
heirs females, and their heirs males and females, inheriting by virtue of these
presents, and the husband of any such heir female, shall assume respectively the
sirname of Colclough, in default of which, that there immediately the next remainder
according to the above limitation, shall commence devolve and accrue. And also
that in case my Estate, for want of issue of my own body, shall descend to the said
Patrick Colclough, that then my will is that the sd Patrick Colclough or his heirs, shall
pay the yearly annuity of £20 to my cousin Caesar Colclough, second son of the said
Anthony Colclough, and the like annuity to my cousin Mary Colclough, wife to James
Butler, sometimes of Ballinloge, during their natural lives”. Recites that having
settled on his said daughter Margaret Colclough als Leigh, at her marriage, and as
marriage portion the sum of £1500 to be paid after testator's death, but a part of
which viz £500 having been already paid, an agreement was entered into between
the said Sir Caesar, and said Robert Leigh, husband of said Margaret, bearing date 8th
Oct 1673, by which the proper payment of interest on said marriage portion was left
at the discretion and pleasure of said Sir Caesar. “I therefore in full satisfaction and
discharge of all such interest, hereby devise and bequeath unto the said Robert
Leigh, the sum of £20 sterling to be paid him within one year after my death”.
Recites having mortgaged certain lands in the County Wexford, and wills that said
lands, shall be liable to said mortgages, wills that his heir shall make good any leases
which he has already, or may hereafter make of land or tithe.
Recites that having power under a deed of settlement, in case he should survive his
wife Dame Frances, to raise a sum of £500 out of certain townslands specified, wills,
that his feeofees do raise said sum, out of sd lands, to be applied for the payment of
specified debts, or such part of them as he shall at his death leave unpaid, viz. £120
to Mr. Patrick Lambert, £60 to Captain John Trench,£55 to Mr. Edward Smith of
Aldridge, £40 to Mr. David Furlong, £10 to Hugh Cafrell any balance due on bond to
Richard Lowe formerly servant,as likewise to Mr. Mackin of Newcastle, Staffordshire.
Reserving power to bestow legacies, and charge the estate with the payment of
other debts as he might thereafter think proper to do, by codicil to be annexed to
Will. “And lastly, I do nominate and appoint, my two kinsmen Henry Loftus of Loftus
Hall,and John Cliffe of Dungulph Esqs, to be my feeoffies in trust”. In witness etc.,
Caesar Colclough.
this 20th day of June 1683.
Codicil.
Recites clause in will, bequeathing Robert Leigh the sum of 20/- in
lieu of interest on his wife’s fortune, and also that clause stating the payment of part
of said £1500, viz £500, “Now my will is, and I do hereby bequeath unto my said son
Robert Leigh, the full sum of £1500 over and above what said R L has already
received and I do direct that said R L shall receive interest on £1000 of sd sum, at 10
per cent, from the time of my death, till the principal be paid, the said legacy I
bequeath to be in full of Principal and interest’. Lastly directs servants wages to be
paid.
In witness etc.,this 18th January 1684.
Caesar Colclough.
Probate granted in the Prerogative Court, Dublin to Sir Caesar Colclough Bart. (the
Younger) 1684
Note: The foregoing was copied by me (Beauchamp Colclough) Novr 1854, from a
Manuscript book in the handwriting of the late Caesar Colclough of Tintern Abbey,
and compared with the original will in the New Record Court Dublin, Novr 3rd 1873.
Administration to the foregoing will was subsequently granted by the Prerogative
Court, Dublin, 3rd March 1702, to John Pigott Colclough, and Margaret Pigott
Colclough, his wife.
Robert Leigh Colclough, of Tintern Abbey County Wexford. Recites Deed of
Settlement 3rd Feby 1684. Leaves his dearly, beloved wife Margaret Leigh Colclough,
all his plate and jewels, coach and horses and for her life his dwelling house situate
on Arran Quay, in the suburbs of the City of Dublin, In case by any means, his lands
on which his wifes jointure is secured, should be taken away by law or otherwise,
that then the whole of his lands etc., except those in Kildare, shall be liable in order
to pay his said wife an annuity of £250 in lieu of her jointure. Leaves his Estates, (his
own estates) to his nephews, Francis Leigh and Spencer als Robert Leigh, and
appoints his wife, and Spencer als Robert Leigh, Executors and his brother Francis
Leigh, and brother in law James Barneval overseers.
Will dated 4th May 1694, and proved in the Prerogative Court, Dublin. 1695.
John Pigott Colclough, desires to be buried at a charge of £100 in such place as “My
dear and well beloved wife, Margaret Pigott Colclough shall think good,” Item,
directs his debts to be paid. Item, leaves his dearly beloved wife M P C during her
natural life the use of all his household stuff, plate, jewels, coaches and chariot,
coach horses and riding horses, mares and colts, except such two of the sd riding
horses as she shall think to assign to his grandson John Pigott eldest son of William
Pigott decd, when he shall have occasion for them. Item, leaves his wife during her
natural life, the use of all his black cattle, sheep, and all other cattle, and after her
death, all the above, and their produce, or such shall remain of them, to be equally
divided between John Pigott, his grandson by his eldest son William Pigott, Capt.
Southwell Pigott, his daughter Elizabeth Warburton, and his youngest daughter the
Lady Jane Pierse. Item, leaves his grandson John Pigott his library and papers etc.,
and to John Norman gentleman, two suits of clothes (the coronation suit not to be
any of them) and £10, and the like sum annually during his life. Item, leaves his wife
£150 to buy her mourning, and furnish her rooms with black. Item, leaves John
Pigott, Colclough Pigott, and Cornelia Pigott, three of the children of his son Capt.
Southwell Pigott, £100 stg each. Item, leaves his grandchildren, John Warburton and
Garthrind Warburton £100 each, to be disposed for their use by their mother
Elizabeth Warburton, widow of Richard Warburton decd. Item, leaves his grandson
John Pierse and granddaughter Garthrind Pierse, the children of Sir Henry
Pierse,Bart, and his said daughter Jane £100 each.Item, leaves to his good kinsman,
The Rev. Father in God, Hugh Gough, Chaunter of Lymerick, and the Hon Col. William
Harrison of Gowrine County Limerick the sum of £150, to build houses for poor
Protestant widows. Item, leaves to the foregoing £12 per annum for clothing and
support of sd widows and recites deed of settlement of his Estates, 24th Feby 1712-
13. Item, leaves certain land in the County of Limerick to his grandson John Pigott
FitzWilliam and his heirs, on condition if said sum of £150 be not sufficient, that he
shall make it good, and pay the yearly sum of £12, and also pay an annuity of £10 to
his only sister Mrs Elizabeth Fitzgerald, in default of which said lands to go to his son
Captain Southwell Pigott and his heirs, charged as above. Item, leaves his son
Southwell Pigott, several sums in bank, on condition, that he shall within a year
layout £100 sterling, in erecting a marble monument in Kilfenney to his mother
Garthrind Pigott als Southwell decd 28 May 1683, mention to be made of his three
brother's, John, Robert and Richard, and his sister Anne, who are there interred, and
also a marble monument to devisor value £100, in such place as his said wife M P C
shall direct and also pay £10 to the poor of the Parish of St.Pauls, Dublin and £10 to
like, in Tyntern, and the like in Kilfenney. Item, appoints his dearly beloved wife M P
C guardian and overseer of his two gdsons John and William Pigott, only surviving
sons of his eldest son William Pigott decd. Item, desires that his Exors shall present a
mourning ring each to his kinsmen the sd Revd. Hugh Gough, Col. Wm Harrison, and
Patrick Peppard. Item, recites monies in his possession, and to which he is entitled,
and hands them over to his Exors to carry out his bequests. Item, nominates and
appoints his wife M P C and his son Capt Southwell Pigott, both of Arran Quay,
Dublin, his Executors, and revokes all former wills, except one he lately made of the
Estate of Copaid Queens County, and another will of his father's forty nine lott in the
County of Leitrim.
Signed John Pigott Colclough .
Witness, Thomas Tilson junior, William Crompton, John Norman.
Codicil, Whereas said buildings for widows are now finished, revokes sd bequest of
£150 to the Hon Col Wm Harrison, and to the Revd. Hugh Gough, and whereas his
bank stock is charged with £100 for a monument to his first wife, which is now partly
paid for, sd £100 shall be only charged with balances.
Signed J. Pigott Colclough.
Will dated 18 Feby 1716-17 and proved in the Prerogative Court Dublin 7th June,
1717.
In the name of God, Amen. I , Margaret Pigott Colclough of Tintern in the County of
Wexford, being indisposed in body, but of sound and perfect mind and memory,
praise be to God for the same, and knowing the mortality of this life on earth, and
being desirous to settle things in order, do make this my last Will and Testament, in
manner and form following, that is to say, first and principally, I commend my soul to
God, my Creator, assuredly believing that I shall receive full pardon and remission of
my sins, and be saved by the alone merits of my blessed Saviour Jesus Christ, and my
body to the earth from whence it was taken, to be decently interred amongst my
ancestors at Tintern, unless it shall so happen that I shall die in Dublin, then my will is
to be buried in St. Pauls Church by Mr.Pigott, in decent manner as my Exor and
Trustee hereunder named, shall think proper. And as touching such worldly estate,
as the Lord in mercy has lent me, My will and meaning is, the same shall be
employed and bestowed as by this my last will is expressed. And first I do revoke,
and annul, and make void, all former will or wills by me made, and do declare this
and no other to be my last Will and Testament. Item, first my will is that all my
servants’ wages, and all my other just debts, shall be truly paid. Item, my will is that
the sum of £150 be paid out to my funeral expenses. As to goods and plate, I have
none to dispose of only the fourth part of all which I purchased with my own money
from Mrs Jane Pigott, mother to John and William Pigott as appears by her
discharge. Item, I give and bequeath to my dear daughter x, Mrs Elizabeth
Warburton, my large diamond ring given me by her father. Item, I give and bequeath
to my dear nephew Robert Leigh of Long Graigue, my gold watch chain. Item, I give
to the Revd. Mr Thomas Driscoll £20, besides what shall appear due to him at the
time of my death. Item, I give and bequeath my dear cousin Mr. Caesar Colclough of
Mohurry, my chariot and my horses, and all other goods which shall appear to be
bought by me since the death of Mr. Pigott, to the sd Caesar Colclough of Mohurry.
Item I give and bequeath to my dear cousin Mrs Eleanor Mary Knight, the sum of £20
to buy her mourning. Item. I give to the parish of Tintern and Ross, and St. Pauls,
Dublin, £10 each parish to the relief of the poor. Item. I give £10 to each of my
cousins of Rosegarland and the Graigue to buy mourning. Item, I give to Mary Walsh
my servant the sum of £20, with all my wearing clothes of all sorts. Item I give to my
servant James Walsh, the sum of £10 pounds. Item, I give to Michael Nowland £5.
Item, I give to Michael Caulfull, to Nancy Naylor, and Mary Murphy £10, The better
to enable my Executor and Trustee hereunder named to see this my will fulfilled, I
have several sums of money now by me, and several sums due by me at my death,
all which may amount to near £1000. Item, I give and bequeath to my cousin
Elizabeth Elliott £10 and lastly, I do nominate and appoint, John Cliff Esqr. of Ross,
my whole Executor of this my last will and Testament, and also my dear nephew
Robert Leigh of Lougrage my overseer of this my last will and Testament, and do
appoint £50 apiece as a legacy to them. This will finished and signed by me this 24th
December 1722.
Margaret Pigott Colclough.
Probate granted in the Prerogative Court, Dublin, 2nd June 1723.
Note: Mrs Elizabeth Warburton was step-daughter only, she being a daughter of
John Pigott by his first wife Garthrind Southwell. Elizabeth Pigott was married to
Richard Warburton in 1695,and her father John Pigott was married to Margaret
Leigh Colclough in 1696.
In the name of God, Amen. I, Dudley Colclough of Mohurry etc., “I will that my dear
and well beloved wife Mary Colclough shall have and enjoy all my household goods
plate, jewells, rings, furniture, linen and woolen, horses, mares, cows, sheep,
coaches, chaises, and their harness, of what nature or kind soever. And the
remaining part of my personal goods and chattles, debts, arrears of rents and assets,
to be in the power and management of my Executors hereafter to be named”.
Recites deed of settlement (date not given) formerly made and enrolled, whereby he
settled his real estate on his dear eldest son Caesar Colclough, and gave his eldest
daughter Margaret Colclough as portion £1000, also to his second son Francis
Colclough £600, also £1400, to be equally divided amongst the rest of his younger
children hereafter named, payable out of his real estate, except such part of it in
jointure of his dear wife, and whereas under said deed of settlement he had power
to raise out of his real estate, the further sum of --- not exceeding £1500. “I the said
Dudley Colclough in pursuance of said power to me reserved, bequeath the sum of
£100 part of the said £1500, to be added to the sd sum of £1400, to make up £1500,
which sum I order to be equally divided between my youngest children, Maryanne
Colclough, Thomas Colclough, John Colclough, Henry Colclough, and Dudley
Colclough £300 to each. Which sums being for their present advancement, I direct
my Executors shall advance to them at such times as they shall think fit, and in case
any of my sd younger children should die before the receipt of their respective sums,
it is my will, that such be divided among the remaining of my said five younger
children”.
Bequeaths in addition to the sd sum of £300 -£500 to his dear daughter Marianne
Colclough, to be paid her on her day of marriage, and which £500 is to be taken out
of the sd sum of £1500, but in case she should die unmarried sd sum of £500 to
revert back to his estate, which would there remain discharged thereof.
Recites power reserved under said settlement for the reasonable maintenance and
support of all his younger children until they have received their several portions,
and pursuant to the intent thereof. “ I direct that £30 be paid my son Francis, £30 to
my daughter Margaret, £30 to my daughter Marianne, and £20 apiece to my sons
Thomas, John, Henry, and Dudley, the same to be levied out of my real estate
(except such part as is in jointure to my dear wife) and paid yearly at the usual gales,
and same payments to commence from the date of my death’”. Gives his Executors
full power to raise £100 out of the £600 for his son Francis, and gives also such sums
for his younger sons, and out of their portions respectively, as sd Exors shall deem
meet and fit, for prefering them to trades or otherwise, directs interest to be paid on
younger childrens portions till principal sums to be paid in full. Item, Bequeaths his
natural brother Mr. Oliver Colclough £150 for his maintenance and support, the
same to be paid within three years of testator’s death, and bearing interest till paid,
and sd £150 to be part of sd £1500”. Bequeaths unto Father Michael Fitzhenry, his
Parish Priest £3, to be paid at testator's decease, and directs that sd Priest, shall hold
the lands of Shroughmore during his life rent free, and be discharged of all arrears of
rent due on said lands, directs each one of Romish Clergy in the Diocese of Ferns, to
be paid the sum of £1, at the time of testator's burial. Directs £40 to be distributed
to the poor as his Exors shall deem fit. Directs all his debts to be paid out of the sd
£1500. Directs that £150 be expended on his funeral, the said sum to come out of
arrears of rent due at time of testator's death, and if there should happen to be a
deficiency, the s deficiency to be made up out of the sdd £1500. “Item. I give and
bequeath unto my dear brother Adam Colclough, a suit of mourning, the like unto
my beloved cousins and kindsmen, Sir Pierse Butler, Knt, and Caesar Colclough Esqr,
and the like unto Mr Oliver Colclough, to be deducted out of the £1500 aforesaid. I
constitute and appoint the said Pierse Butler to be sole Executor of this my will and
the sd Caesar Colclough overseer of the same.“ Directs his Executor to pay to his
sister in law Mrs Bridget Barnwall whatever may be due her, and to deduct the same
from the aforesaid £1500, “All which I publish and declare to be my last will and
Testament and no other”.
In witness etc., 2nd of July 1712.
Dudley Colclough.
Probate granted same year in the Diocese of Ferns.
Copied from a Manuscript Book of the late Caesar Colcloughs, which was found by
me in an old press in the Abbey in 1853, and compared with original will in the New
Record Court, Dublin, Novr 1873.
Maria Flaherty als Colclough als Barnwall, widow, of Mohurry Co. Wexford,
intestate.
Administration to effects, granted in the Prerogative Court, Dublin to her son
Caesar Colclough of Tintern. Dated 13th December 1725.
Will of Caesar Colclough of Rosegarland.
Recites, that whereas by settlement dated 22nd December,1702, he had granted and
conveyed to his son Anthony Colclough, certain lands, tythes, and farms, in the
counties of Carlow, Tipperary, Kildare, and Wexford with certain remainders and
limitations as set forth, now declares that he does further grant and bequeath to his
sd son Anthony all his mortgages, leases, goods and chattels, both in his own and
father's right, charged with £300 each to his daughters Frances and Eleanor
Colclough, as reserved for them by settlement, and also £200 to his cousin Mary
Ivory, to be paid within twelve months, also all his debts, more especially £1500, for
which his brother Adam Colclough is surety. Leaves his daughters, if they marry with
their mother’s consent £700 additional each. Leaves some small legacies to servants
etc., and appoints his son Anthony Colclough sole Executor.
Signed Caesar Colclough. Dated 24th April 1724.
Will not witnessed, but on affidavit of sad Anthony Colclough, and Robert Devereux
as to hand writing, Probate was granted to the former in the Prerogative Court,
Dublin. 7th January 1726.
Anthony Colclough having died before testator's Estate was finally settled,
administration was granted in the Prerogative Court, to Thomas Webster of Dublin,
Merchant. Frances Colclough and Eleanor Maria Sutton als Colclough, having
renounced, dated 19th December 1736. Thomas Webster having also died before the
Estate was settled, Administration was again granted in Prerogative Court to Caesar
Sutton Colclough of Longraigue in the County of Wexford, dated 17thJune,1756.
Anthony Colclough of Ballysop. intestate. Administration granted in the Prerogative
Court, Dublin to Elizabeth Colclough als Fitzgerald, widow and relict of deceased,
dated 28th April 1729.
Administration was subsequently granted to Frances Colclough, wife of Thomas
Colclough of Wexford, and Eleanor Maria Sutton als Colclough, wife of William
Sutton of Longraigue, Elizabeth Colclough als Colclough als Fitzgerald having
remarried.
Dated 4th January 1733.
In the name of God, Amen, I, Adam Colclough, of Boley, in the County of Wexford
gentn, being sick and weak in body, but of sound and perfect sense and memory,
praise be to God for the same. Do make this my last will and testament, in manner
and form following (hereby revoking and making all former wills and testaments by
me heretofore made, void) and declaring this to be my last will and testament and
no other.
First and principally I recommend my soul to God, and my body to be interred in the
Church at Tintern in the sd County, in such decent manner, as to my Executors
hereafter named shall seem fit. Item, I order and direct that all my just debts to be
paid and discharged by my said Exors. Item, I leave and bequeath unto my dearly
beloved wife Mary Colclough als Foord, the sum of £400 stg, if she does not marry
again, and but £300 if she does marry again. Item, whereas my children by my
former wife, are already provided for by settlement, I therefore leave and bequeath
unto my six children by my second wife, all the rest of my worldly substance. Item, I
do hereby nominate my nephew Mr. Thomas Colclough of Wexford, and Mr
Abraham Tobin of Coolcannon in the sd County, Exors of this my last will and
testament.
Adam Colclough
As witness my hand and seal the 11th day of February 1734.
Witness Present. Dom. Donegan, Patt Colclough, William Wolman.
Not pub. Probate granted at Ferns, 6th August 1735.
Sunday 12 May 2013
some random documents, some of interest to my new world cousins?
Extracts from original letter of Major Beauchamp Colclough to the present writer (His grandson JC)Toronto July 6th 1842.
Dear Beauchamp,
Your letter of the 26th June only came to me this morning, and as you don't mention the post town, I enclose this letter to John Ussher to forward it to you with an enclosure of twenty Dollars. I would send you more only I was robbed of two hundred and fifty Dollars last Wednesday three weeks ago by a servant I have had since last August. It was dire necessity that obliged you to write to me I am convinced- your letter was sent to Chippawa, and sent after me here- as you say nothing of your health, I presume you are well, and remain your affectionate grandfather,
Beauchamp Colclough,
Beauchamp H. Colclough Esq., Fenelon Falls.
Note: My poor grandfather liked me to write to him very often-oftener than it was possible, living as I then was in the Backwoods, perhaps 100 miles from a Post Office.
Extracts from original letter, Beauchamp U. Colclough to Beauchamp Colclough
Elm Grove, 28 May 1843.
My dearest Father,
I wrote you a long letter on the 9th of last month. xxxxx Such a prospect of plenty never was in this Country, and I fear we wont have peace to enjoy it. Before the breaking out of the last rebellion, Ireland could not have been more excited than it is at present on this confounded repeal- O’Connell is the destruction of the unfortunate Country. The meetings he has is frightful, and the sums of money collected is enormous, the collection of the last week alone was £2202, and what this is for God only knows except to buy arms for these villains. The Government permitted them to go too far, and now, like the Emancipation, they will find it very difficult to stop. The only step as yet taken is to deprive a few Magistrates of the commission of the peace for being present at the meeting, but that has done more to forward the thing than anything else, as O’Connell tells the people that both Peel and Wellington are afraid to take measures to put him down, and that it was only spite made them deprive a few Magistrates with himself of the paltry Commissions they held, but all this you see by the papers. I cannot as yet say what will become of me as to this place, one of my numerous landlords returned from America last week, and when they all meet, there being six of them, something will be done. I forgot to mention to you I thought my son Beauchamp’s education not sufficiently forward to send adrift on the world, so have him still at school, and what to put him to I know not. Xxxxxx Unfortunate John was obliged to go to sea again-he left Liverpool about a fortnight back in a ship bound to Montreal- had I room for him and able to keep him, I would, but my family is too large. He is the most improved man in the world in his habits- while he was with me I could not get him to take a second tumbler of punch. Believe me my dearest father your sincerely attached and affectionate,
Beauchamp U Colclough.
Major Colclough, Chippawa, Upper Canada.
From the same to the same (see above JC). Elm Grove 1st June 1844.
My dearest Father.
I forward yesterday’s (Carlow Paper) by the post that takes this, in hope it will go by the Packet of the fourth- it will shew you how O’Connell and Co. have been treated, the best thing that ever happened this Country, for it will shew his dupes that the laws and the Government are stronger than he is. The Judges have at last passed sentence-he has got 12 months imprisonment, and fined £2000- the others 9 months and small fines and securities to keep the peace for 7 years- it is wonderful how quiet the people are now.xxxx My next, which will be please God by the Packet for July, will be a longer letter, and I will make Jane write you all the news. John James of Ballychrystal is dead, indeed almost all your old acquaintances in this Country are gone- I hope to a better world. I am joined by all here in affectionate love to you, and believe me my dearest father,
your sincerely attached,
Beauchamp U. Colclough.
Major Colclough, Chippawa, Upper Canada.
Extracts original letter of Bombardier Guy Carleton Colclough 4th Troop Bombay Horse Artillery to the present writer (see above JC). Deesa, June 5th 1844.
My dear Beauchamp.
Your kind letter of the 19th November reached me in due course. You can imagine what pleasure it gave me to hear that you were well, but on the other hand it grieves me to hear of your misfortunes-God help us, what will become of us yet- the only pleasure I have in this infernal Country is to receive a letter from you. As you mention in your letter, only for that word hope, I would try some other plan, but believe me Beauchamp, there is not much occasion for trying a Gooly, as the natives call a ball in this Country for we are carried off quick enough. Would to God my dear brother I had no further news to communicate, but alas the pestilential climate of India has done its work, and our dear brother Crawford is its victim. I know not how to enter my dear Beauchamp, upon the details of his sickness, months have now elapsed since the melancholy event occurred, and still I feel unequal to the task, there is a degree of self reproach mixed up with my grief- still all was done for the best. When I left Poona and my brother for the Troop to which I at present belong, I was suffering from the effects of a long and painful attack of Dysentery. I imagined that change of air would benefit my health, it has done so, and thank God since I have been in Deesa I have enjoyed as good health as can be expected in this Country, but a pang will shoot through me when I think (But now Beauchamp how unavailing the regret) that had I been by my brother's bed side, if I could not have saved, I could have soothed his agony, a brother's voice would have cheered him under his affliction, and a brother's ear would have heard and obeyed his last request. He was attended Beauchamp by strangers, but they were comrades of a good order- they had not a brother's feelings, but like the good Samaritan they poured oil upon the wounds of the afflicted, and I firmly believe that our brother was aided and attended upon during his sickness, well and truly. xxxxxxx You wish to know if we were in any battles-we were too late for them- there is great talk though of an army going to a place called the Punjab, a long way from this part of the Country. If we go, there will be some hot work you may depend. I have been promoted to the rank and pay of a Bombardier- there is one thing Beauchamp, if I rise to the rank of Sergeant which I have a great chance of doing, and serve my last 8 years as such, I will go home with 2 Shillings a day, but 17 years more is a long time- write as soon as possible, and let me know if your prospects have improved.
Your sincere and affectionate brother,
Guy Carleton Colclough.
To Beauchamp Colclough Sr. Fenelon Falls, Canada West.
From Major Beauchamp Colclough to Beauchamp H. Colclough, Fenelon Falls,Peterboro, Canada West, Chippawa July 6th 1844.
My dearest Beauchamp.
Your Letter was handed to me on Thursday last at Slaters by Mr. Dennestown, as fine a young a fellow as I could wish to see. Your Uncle, James Ussher was with us when he came up stairs, and knew him very well- he often saw him at Peterboro at John Ussher’s and you may be assured I did everything in my power, from your letter, to pay him all attention. For some time back my distress has been great, not being able to command a pound in consequence of the situation Ireland has been in these last two years, and my Dublin property not worth anything-the houses almost all fell and the tenants ran away, and Mr. Maxwell only pays me four and a half interest money instead of six,xxxxxxx But your Uncle Beauchamp says, can I get over this distressed year, and the country at the eve of a rebellion in consequence of this villain O Connell, who is in the Penitentiary for his villainy about Repeal. Ireland will never be the same for fifty years. In short, it is impossible to know how it will end. Wishing you my dear fellow, every happiness that your present situation can afford. Jane joins me in very affectionate love to you, and I hope on your return I will be in some way to assist you, and remain your ever affectionate grandfather,
Beauchamp Colclough.
From Bombardier Guy Carleton Colclough, 4th troop, Horse Artillery, to Beauchamp Colclough Sr, Fenelon Falls, Upper Canada.
Camp Deesa 13th August, 1845.
My dear Beauchamp.
I dare say you have heard long before this of poor Henry’s death, what a melancholy affair. I little thought when I last wrote to you of poor Crawford’s death, that such a short time would elapse between his death and poor Henry’s, that is two of our family that has left this world without one relation near them, poor fellows. The account I got of his death troubles me greatly-you also must have been greatly shocked-he was a good hearted boy, and to think that he should have lost his life in such a melancholy way. We are an unfortunate family altogether. I took great delight in the description you gave of your hunting excursion-it put me in mind of old times. Poor Henrietta, I am glad to hear she is well- give her and the Doctor my kindest love, hoping to hear from you soon,
I remain your affectionate brother,
Guy Carleton Colclough.
From Major Beauchamp Colclough to Beauchamp H.Colclough, Fenelon Falls, Canada West, Darlington, August 21st 1846.
My dear Beauchamp,
I arrived at this beautiful place about this day week, and when I came, I was fully determined to have let you know, but on my arrival there was no bed for me, and poor David Mitchell most kindly gave his bed up to me and slept on the floor, on blankets-otherwise I should have gone to the Hotel- so had you come, it must have been most unpleasant both for you and myself, but when I come again I will have a bed for you. I have been at Thomson's in Toronto since 6th July, and return there again tomorrow. I met an old friend of mine here yesterday- you remember Templeton, who lived formerly in the Townships, he now lives at the Credit, but does not like that part of Canada. Sam Ussher, with the boys and Mitchell send their love to you, and remain my dear Beauchamp, your affectionate grandfather
Beauchamp Colclough.
From McCarty Colclough to Beauchamp H. Colclough, Chippawa, Canada West. Clonmel, January 30th 1848
My dear Beauchamp
I now sit down to answer your letter of the 10th December last, announcing the melancholy account of my beloved uncle, (Major Beauchamp Colclough's) death. I was quite unprepared for it. The Packet that brought me your letter, also
brought me one written by himself. What a blessing it was that you were with him to sooth his last moments and close his eyes. I loved him equal to my father, and I know he loved me as a son. Your Uncle John is the only surviving child of your grandfather-he is residing in Liverpool. should you be the person selected to come over to manage the matters, I am sure I need not say what sincere pleasure it will give Mrs.Colclough and self, that you will make my house your own home during your sojourn in this Country, but every thing that I can do to assist you all will afford me sincere pleasure. I believe you are the only surviving son of my poor cousin Guy (my brother Carleton was living at this time ), xxx your late uncle Beauchamp’s family are living and well. His two children by his first marriage, I have at school. This Country is in a dreadful state, I remain my dear Beauchamp your most affectionate cousin,
Mc Carty Colclough.
From John Colclough (not me JC I was born over 110 years after this letter!) , to Beauchamp H. Colclough, Chippawa.
42 Charlemont Street, Dublin, 9th May 1848.
My dear Beauchamp,
I perfectly recollect you, and if I were to meet you among one hundred persons I would know, it was at Doivillier I saw you last. It would be hard for you to know where I went to, as I did not know myself for some time-however, I came to Ireland and from that proceeded to Van Diemen’s Land, where I remained for 11 months, but when I see you I will give you an accurate account of my adventures. The first intimation I got of my father’s death was from a stranger, when I called to see your mother (at Quebec in 1838) it was my intention to go up to my father, only I had not sufficient means. Please let me know where your sisters are, or whether any of them are married, as they are the only part of the family, I want to look to. I don't think it necessary that you should wait for a power of attorney from Carleton, as you are the head of my brother's family, you can transact business for them yourself. Come home as soon as you can by way of Quebec, as it will be much cheaper that way than any other. Xxxxx When we do meet we will never part again, for what I will have, you’ll have the same, or one of your father's children shall never want while I am in possession of it. I remain my dear Beauchamp your affectionate,
Uncle John Colclough.
P.S. My wife desires her best respect to you, not having any children of her own, she will adopt you as her son, and when we meet you’ll find an old fellow without a grey hair in his head for your uncle, and never had a head ache in his life, farewell J. Colclough.
Note: His wife (widow) kept me (Beauchamp) in litigation for twenty years and did me all the harm in her power.
Saturday 11 May 2013
Before the Sarsfield Colclough Vs. the Rossborough Colclough's the Rossborough's had to fight another law case to recover that which the considered their birth right. Lives these days seem quite tame, the 'sins' of Vesey, Adam and Caesar staining their descendants, it all makes good reading. I've always thought that living the good life is boring and the shenanigans of the 18 century Colclough might be grist to that mill, I suspect that the |Colclough women might not have agreed:
Transcript of Arguments in the House of Lords
and Judgment. Page 1. 16th June 1856.
Boyse v Rossborough. Boyse v Colclough.
Counsel for Appellants Sir F.Thesiger Q.C. M.P. Mr Roll.Q.C. and Mr Cairns Q.C. M.P.
Solicitors. Messrs Gregory, Skirrow, and Rowcliffe.
Counsel for the Respondents, Mr Solicitor General, Q.C.M.P. Mr Whiteside,
Q.C.M.P.and Mr.Smythe,
Solicitors Messrs Powell and Kernaghan.
Sir F. Thesiger. My Lords, this is an appeal against certain orders and a decree by the
Lord Chancellor of Ireland, in a case of Rossborough and Wife, Boyse and wife, the
orders being, first an order of the 31st January 1852,directing the trial of an issue
devisavit vel non, to try whether a paper writing of the 6th August 1842 was the last
will and and testament of Caesar Colclough, the husband of the Appellant, another
order of the 30th of July 1853, altering the former order, by inserting the words “and
the defendant’s counsel not objecting”. an order of the 18th April 1853, refusing a
new trial, with costs, and an order or decree on further directions of the 19th April
1853, declaring the last Will of Caesar Colclough to be null and void, and ordering the
Sheriff of Wexford to put respondents in possession of the estate, for the Master to
take an account of the rents and profits which accrued six years prior to the filing of
the bill, viz the 7th September 1843, and that the Appellant and her husband should
pay the sum which the Master shall report to be due, and also to pay the costs,
including the costs of the issue, and of the accounts directed to be taken. (The case
having been argued at great length by Counsel on both sides) on July 15th 1856.
The Lord Chancellor, My Lords, I need hardly say that I do not propose to your
lordships to give a decision at the present moment, or indeed to express any decided
opinion upon this case- I wish rather just to point out what I consider to be the
several points that are to be decided. Having just glanced at what all
these subjects are, I can only say that the case is one involving a great number of
point of great nicety and difficulty, and a very great number of authorities have been
referred to, and before I can finally advice your Lordships as to the course which I
think ought to be taken in this very complicated, difficult, and important case, I must
request time of your lordships to look into and examine all the authorities very
minutely. I therefore move on that the further consideration of this case be
postponed. Order of Judgment of House of Lords, dated 13th March 1857.
After hearing counsel, as well on the 16.17, and 19 days of June last, the
3.4,7,10,11,14, and 15 days of July last, upon the Petition and appeal of TB of etc JSB
of etc, his wife complaining of two orders of the Court of Chancery in Ireland
and praying their lordships, “to reverse the said orders of etc., and the said
decree etc., or to grant to the Petitioners, such other relief in the premises, as to this
House, in their Lordships great wisdom should seem meet”, as also upon the joint
and several answers of John Thomas Rossborough, now Colclough. and Mary Grey
Wentworth Rossborough Colclough his wife, put into the said appeal, also as to
Supplemental appeal. And answer, of same parties.
It is ordered and adjudged by the Lords spiritual and temporal in Parliament
assembled, that the said order of the 31st January 1852,complained of in the 1st
herein before mentioned appeal, be, and the same is hereby affirmed, and that the
said order of 18th April 1853, and the said order of the 19th April 1853, also
respectively complained of in the 1st herein-before mentioned appeal, and the order
of the said Court of the 2nd of July 1853, awaiting the said decree of the 19th April
1853 and the order of the 19th June 1854, which was complained of in the said
supplemental appeal, be, and the same are hereby reversed. And it is declared, that
there ought to have been a new trial of the issue, directed by the said Court of the
31st January, 1852.
And it is further declared, that the said sum of £21,961-19-10, invested by the said
Appellant, Jane Stratford Boyse under an order of the said Court of Chancery in
Ireland, of the 5th July 1854, in the purchase of three and one quarter per cent stock,
and transferred into Court, to the credit of the said causes as directed by the said
order, ought to be retained in Court, without prejudice, until the result of the new
trial shall have been ascertained. And it is furthered ordered that the said causes be
remitted back to the Court of Chancery in Ireland, to carry the said declarations into
effect with such usual or special directions, as the said Court of Chancery in Ireland
may deem it proper to give, for reading on the new trial the depositions taken in the
said Court of Chancery in Ireland, of any witnesses who shall have died since the
trial, directed by the said order of the 31st January 1852,or as any directing the new
trial to take place elsewhere, than at Wexford, the admission of the judges notes of
evidence where the presence of the former witnesses cannot be obtained, or any
other subject whereon the said Court of Chancery may deem such directions
necessary, and to proceed further in the said causes as shall be just and consistent
with these declarations and this judgment.
(Signed) John Geo. Shaw Lefevre, Clerk of Parliament.
Defendants Brief at 2nd Trial in Wexford
Appendix page 3. Decree directing new Trial of Issue
The Lord Chancellor of Ireland, May 4th, 1857.
Between John Thomas Rossborough, and Mary, Grey Wentworth Rossborough his
wife plaintiffs.
Thomas Boyse and Jane Stratford Boyse, otherwise Colclough defendants,
and John Thomas Rossborough, now John Thomas Rossborough Colclough and Mary
Grey Wentworth Rossborough Colclough, plaintiffs.
The Rev R.Boyse. Executor of John Boyse deceased, and Jane Stratford Boyse
defendant.
These causes coming on this day to be heard before the Right Honourable, the Lord High Chancellor of Ireland, for further directions on the judgment and order of the House of Lords, bearing date the 13th March 1857, in the presence of counsel learned on both sides. Upon opening a debate of the matter, and hearing decreetal order etc., read, and the said judgment and order of the House of Lords read and what was alleged by the said counsel. His Lordship doeth order that the parties do proceed to a new trial at law of the issue directed by the said order of 31st January 1852. And accordingly that a writ of summons pursuant to the provisions of the Act etc., be sued out of Her Majesty’s Court of Queens Bench in Ireland according to the form of the Statute in such case made and provided, to which the defendants at law are forthwith to appear gratis, and admit all matters of form, so that the parties do proceed to a trial at law by a special jury of the County of Wexford at the next Summer Assizes, to which end, the sheriff of the said County, is forthwith to lay before Edward Litton Esqr, the Master in these causes, the grand panel of the said County, (here follows directions as to the jury, challenge, and issue, precisely similar to those in the order for first trial) And it is further ordered that Jane Stratford Boyse, one of the defendants in these causes, be Plaintiff at law, and that J.T. Rossborough Colclough and Mary Grey Wentworth Rossborough Colclough, his wife the plaintiffs in these causes be Defendants at law, and that the depositions and also the judge’s notes of the evidence of any witnesses examined in the first of these causes, or on the former trial of the issue at Law, directed by the said order of 31st January 1852, or under the order of the Court Q.B. bearing date 24th January 1852, made in the cause of Boyse and wife, v Rossborough and wife who shall, upon the new trial hereby directed, be proved to be dead or unable to attend to be examined, may be read at such new trial. And it is further ordered that the judge before whom such new trial shall be had, do certify to this Court the verdict which shall be had upon such issue, And it is further ordered that an injunction do forthwith issue to the Sheriff of the County of Wexford, to restore to, and put the defendant Jane Stratford Boyse into possession of the several real and freehold estates of the said Caesar Colclough deceased, situate in the said County in the pleadings mentioned, and in the possession of which the said plaintiffs now are under the said decreeing order of the 19th April 1853. And it is further ordered that the plaintiffs do forthwith hand back, and deliver on oath to the said defendant Jane S Boyse, or her Attorney lawfully authorised, all deeds, documents, title deeds, papers and writing in their or either of their custody or power, relative to the said real and freehold estates of the Caesar Colclough, deceased and which were handed over or delivered to the said plaintiffs pursuant to the said decretal order. And it is further ordered (here follows orders as to the costs to be paid to said Jane Stratford Boyse) And the Court doeth reserve further directions until the return of the judge’s certificate, when such further order shall be made as shall be just. (Signed) H. Sugden, A.R.
From Wexford Independent, July 11th, 15th, and 18th 1857.
Great Colclough Will Case. Boyse v Rossborough. (Colclough).
This interesting and important case, in which a fee simple property of nearly
Ten Thousand a year is involved came on for hearing in one Nisi Prius Court on
Thursday (9th inst.) From an early hour the doors of the Court House were
surrounded by an anxious crowd seeking admittance, and when they were thrown
open, the body of the Court became densely filled within a few minutes, seats were
especially erected for the accommodation of Ladies by direction of the High Sheriff,
and such other arrangements entered into, as were calculated to afford satisfaction
to the general public. At half past ten o’clock, the Right Honourable Baron Greene
took his seat on the Bench, when the following Gentlemen were sworn on the Jury,
viz, Peter Roe, Ballinclare, John Walsh, Walshfield, John Nunn, Silverspring, James C.
Moore, Forthside, Edward Sally Flood, Kyle, Henry Braddle Croker, Beanfield, George
Smith, Buckstown, Thomas Davis, Enniscorthy, Joshua S, Davis, Enniscorthy, Harry
Alcock, Wilton, J.G. Keoghen, Enniscorthy, and W.R.Farmer, Bloomfield, Esquires.
Mr. Hassard opened the pleadings.
Mr Christian, Solicitor General stated the case. He said, My Lord and Gentlemen of
the Jury, in this case Mrs. Jane Stratford Boyse is Plaintiff, and the issue you are
empannelled to try by order of the Lord Chancellor, is whether a certain paper
writing, is or is not the will and testament of the late Caesar Colclough.xxxxx
(Mr Christian having concluded his address, witnesses were examined and letters
read in support of the Plaintiffs case, and on the fifth day, Mr Whiteside opened for
the Defendants, and concluded on the sixth day, (Tuesday), having in the course of
his address, read several letters between Caesar Colclough (the Chief Justice) and
Caesar of Tintern (the testator) which correspondence had been found subsequent
to the first trial in an old press in the Abbey (when undergoing repairs) by Richard
Gill of Tintern, and the present writer and which letters etc., had remained
undisturbed since they were placed there by the testator many years previously, and
which had such an effect upon the minds of counsel for the plaintiff, that when Mr
Whiteside was proceeding to examine the Defendants first witness, Mr. Brewster
(for the plaintiff) proposed a compromise, and which was subsequently agreed to by
counsel for the defendants.)
“At this period Mr Brewster sent up a note to the Judge when his Lordship left the
bench, and a rumour immediately pervaded the Court, that the case was likely to be
amicably adjusted. Baron Greene remained away for about half a hour, and when he
resumed his seat, Mr. Brewster rose amid breathless silence and said ”I am happy to
announce to your Lordship, that this case is settled to the satisfaction of both
parties. My client consenting to a verdict for the defendant, with an immediate right
of possession. Baron Greene was glad that this long litigated case was finally settled
to the satisfaction of both parties, besides it will relieve the Court and the jury from a
tedious and troublesome investigation. As regarded himself, however, it was nothing
and it was on public grounds he offered them his congratulations on the issue, which
had been so unexpectedly and agreeable arrived at.”
Counsel for the plaintiff, The Solicitor General Mr.Brewster,Q.C. Mr.Lawson Q.C.
Mr.Thomas Harris, Agent, Ambrose Sullivan.
For defendants, Mr.Whiteside Q.C. Mr.Mc Donough, Q.C. Mr.Napier, Q.C
Mr.Rolleston Q.C. Mr.Lynch, Q.C. Mr. Armstrong,Q.C. Mr.Walsh,Q.C. Mr.W. Ryan
Agents, Messrs. Powell and Kernaghan.
Monday 6 May 2013
weekend break
Writing this has become addictive, I'm a long way from a network connection, but I will try to use Bluetooth on my mobile-phone. to post something.
It's the bank holiday weekend, we headed west, so I can sit in the van, look out over the Irish sea accross which many of our ancestors sailled.
On the way here we drove through Haverfordwest, a place which gets a mention in a letter from Caesar Colclough of Tintern to a Mr John Kennedy, dated 15th June 1840 in this correspondence he is lamenting the cutting down of some of his woodland for profit... "But nothing can compensate for destroying my mother's Serpentine Walk. I was but 6 years old when the 12 trees now alluded to, were by her planted, my brother 10 months younger (now 69 years ago) and the last we knew of parental care, my father abandoned us all, went off in his yatch, took up with a Welsh girl Betty Watson, in Haverford West, and abandoned himself to dissolute habits, leaving my mother, self, and brother dependent on my grandfather Grogan for existence, yet, the trees my mother planted were the only produce of his vast estates he respected."
Caesar's father was 'siir' Vesey, I wonder how many of his descendants are around here, just north of Fishguard Pembrokeshire.
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