more Colclough vs. Colclough

Continued from the previous post;

The basis of Patrick Sarsfield Colclough's case was that his grandparents were not legally married at the birth of their two eldest sons, Caesar and the reverend Dudley. Adam Colclough married Mary Anne Byrne as noted previously, the case was that she was catholic and remained catholic until before the birth of her son Sarsfield when she became protestant and was married by a protestant minister...

So read some extracts now from our friend Beauchamp with some contemporaneous newspaper accounts, I would say bear in mind that to the victor the spoils, and that Beauchamp was a strong friend of the Rossborough's, also bear in mind the pressure Patrick Sarsfield would have been under if he was basing his case on needing to prove that his granny was 'living in sin'!

Extract from the defendants (the Rossborough Colcloughs) brief.

Four writs of summons and plaint in ejectment have issued at suit of the plaintiffs against the defendants, one to recover the Manor, House and Demesne of Tintern Abbey, the second to recover the general lands forming the Tintern Estate, situated in the County Wexford, the third to recover that portion of the Estate situated in County Carlow, the fourth to recover the lands of Ballydorough, in the County of Wexford, of which the defendants are not in possession, but in the first instance the plaintiffs are only to try one of these actions as to the lands comprised in the summons and plaint.

The Plaintiff, Patrick Sarsfield Colclough, is the heir male of the late Caesar Colclough of Tintern Abbey, and of the late Sir Vesey Colclough, who was father of Caesar, and the defendant Mrs Rossborough Colclough, is the heiress at law of same parties, and as such heiress at law of said Caesar Colclough and of Sir Vesey Colclough, and also as heiress at law of her father, Chief Justice Caesar Colclough, who was devisee of Sir Vesey Colclough, as hereafter mentioned, is in possession of and claims to be owner of the estates in question. The Plaintiff Patrick Sarsfield Colclough, and defendant Mary Grey Wentworth Rossborough Colclough, are respectively the heir male and heiress at law of Adam Colclough formerly of Duffry Hall, who was the common ancestor of both. The defendants have no certain knowledge of the grounds on which the plaintiff rests his claim. There is no reasonable doubt but that the plaintiff has instituted these proceedings to extort money from defendants, nevertheless it being incumbent on defendants to defend their title, they state that title as follows, here the defendants prduced the titles, deeds and wills. JC.

Extracted from Newspaper reports May the 2nd and 3rd 1864.
Court of Exchequer, Saturday. Before the Chief Baron, and Barons Fitzgerald and Hughes. Colclough v Colclough
Mr. Sergeant Sullivan, with whom was Mr. O’Hagan, moved on behalf of the plaintiff, Patrick Sarsfield Colclough, to enlarge the rule for non suit. The action was brought to recover possession of the Tintern Abbey Estates in the County of Wexford, which the plaintiff claims as heir. The case went down for trial at the last Wexford Assizes. On the morning fixed for the trial, an application was made for a postponement on behalf of the plaintiff, but the learned Judge, Mr. Justice O'Brien, refused the motion with costs. A rule to nonsuit the plaintiff if he did not proceed to trial at the last Assizes had been obtained in 1863. It therefore became necessary to make the present application to enlarge that rule in order to enable the plaintiff to go to trial at the next Assizes. Mr. Brewster Q.C. was heard on behalf of the defendant against the motion, and Mr. J.E. Walsh followed on the same side. The Court reserved judgment (which was eventually given for the plaintiff).

Extracted from “Wexford Independent”, Saturday 25th Feby,1865.
Wexford Spring Assizes, Record Court, Thursday 23rd Feby, 1865. The Right Honourable Baron Hughes took his seat on the Bench at 10 o’Clock this morning, Colclough v Colclough.
The following Special jury were sworn in to try this case. John Whitney (foreman), John Goodall, Harry Goodison, Clement Archer, Mathew Kinch, William Gibson, Richard F. Borbridge, John G Hatton, Henry Braddell Croker, Montifort Westropp Dawson, Peter Rowe, and Luke Whitney, Mr. Joseph J. Green opened the pleadings, (stating that the plaintiffs in this case, were Patrick Sarsfield Colclough and others, and the defendants were John T.R. Colclough, and Mary G.W.R. Colclough his wife, and that the action was one of ejectment on the title to recover Tintern Abbey Estates).
Mr. Hemphill Q.C. then said- My Lord and Gentlemen...But I am sure, with you whom I address, if I and my learned colleagues can prove to you the justice of the plaintiffs’ claim, neither the exquisite tact and genius of Mr. Brewster, nor the overwhelming eloquence of Mr. Whiteside will avail with you. I now feel obliged to go into the history of this ancient family. You have all heard of Tintern Abbey, of its broad appanages, and that it formerly was a religious house, which shares the fate of many similar establishments in the reign of Elizabeth. She gave it to Sir Anthony Colclough who was then in this Country. It will now behove to run through the history of the family, for it will appear by facts I have to state, that there was an extraordinary anxiety in this family to transmit those Estates in the lineal male line (this feeling may account for the fact that even the most legally learned members of the family appears to have considered the male heir, was as a matter of course, heir at law.) There was a weakness which seemed to have governed the young people of this family, as well as others, marrying at will or pleasure, all pleasing themselves. I cannot say how it was that this propensity originated, whether it was from the old vigour of an ancient family, or from that of youth- we find that Vesey eloped with a young lady, a Miss Grogan, and they were married. They went off to Portpatrick, a short way to that Court of Hymen Gretnagreen. The offspring of that Scotch marriage leads to the question now before the Courts, and the facts are in many passages stranger than story. That son died, some 20 years ago, with whose widow, the present defendant had so much and so well known litigation. The Counsel would perhaps tell them that the blood of the Colclough's was ever warm, and led to the fatal termination of John’s life. I do not wish in any way to disparage the lady who is the wife of the defendant in this case, for even, if I did attempt to do so, I am sure it would have no effect on this Court, nor on the Gentlemen I have the honor to address. The burial place of the Colclough (Duffry Hall) family is, I believe Templeshambo, and there is a singular absence of any records of the family on the tombstones and mural inscriptions. We can, however, produce a class of evidence which is equally admissible, and no less persuasive, the testimony of declarations made by the deceased members of the family. If the jury believe such evidence comes from pure sources, and not exaggerated, it may be regarded as reliable, for this reason that the statements of families about what concerns them closely may be regarded as true. If you gentleman, are convinced that Patrick Sarsfield Colclough is the heir at law, you will I am sure, as you are bound to do give a verdict in his favour utterly regardless of consequences. Your verdict will not be swayed by the eloquence of the bar, but by the weight of the evidence- I feel confident that you will give your verdict in favour of my client, truth is powerful and will prevail, and justice is omnipotent. I leave the case in your hands. Witnesses having been examined in support of the plaintiffs’ Case (which was, in a few words, that the elder sons of Adam Colclough, viz. Chief Justice Caesar Colclough and the Rev. Dudley Colclough were born out of wedlock, that Sarsfield was born after his parents marriage, and that the plaintiff, being Sarsfield’s son, was heir at law).

Mr. Brewster Q.C. addressed the Court (it is much to be regretted that space will not permit a verbatim Copy of Counsel’s exhaustive and convincing statement for the defendants case.) My learned friend on the other side, referred to 1719, as to the legitimacy to the heirship of the property of Tintern Abbey. He says that his client is the only one, and according to what Mr.Mooney, the Solicitor for the plaintiff, has set forth for you, would any one think that that Gentleman was going to bring any thing else, anything hostile to the interests of the family of his client. He sets forth for instruction of Counsel that the ancestors of my client carried away a lady, and that they lived for years in concubinage, until just before the birth of the father of Patrick Colclough, just 18 years after the time the father and mother had eloped. At that time it should be remembered that the Irish penal laws were in force. She, the wife of Mr.Colclough was a Roman Catholic it was said. Mr. Fitzpatrick has told you so. How he came by that knowledge I know not – he got many certain lectures, and they must, as we may suppose, have been given whilst he was asleep. I must call on you gentlemen to make up your minds about the marriage which took place, or is said to have taken place 119 years ago, the children of which were universally acknowledged as holding rank and credits, and I now ask, can a jury of the County of Wexford, tell your lordships to the contrary? Oh, but Mr Fitzpatrick tells you that one man a Colclough, was married to a Miss Byrne, a Roman Catholic – was only married
by a Popish Priest, and that not until as far back from the elopement as the year 1773. The second cardinal point is, whether Chief Justice Colclough was living with a woman, described in Madam Gaultier’s evidence as a servant maid, and that Mrs Rossborough Colclough was a low woman, that no body would know. He would dispel this imputation by the most indisputable testimony. It was sworn on the other side that Mrs. Byrne vented a volume of Blasphemy and cursing on her daughter, Miss Byrne. Can this be credited? If a formal marriage according to the law was necessary, could she not have got them married? Why at the very time they speak of the young couple they were actually living with Caesar Colclough. Is there one of you on that jury would allow your children to enter a house where a young couple were living in a state of open contumacy and illicit intercourse? It is preposterous, and the whole story is fabricated to trump up their wretched case. Colonel Caesar contracted a second marriage with a lady named Henrietta Vesey. She was the mother of Adam, and not only survived the running away of the young couple, but she was at that time living with her husband, living at Duffry Hall when the young couple came home. She received these ‘fugitives’ and continued to show them every countenance and favour. The third son was Adam, the grandfather of the present plaintiff, and likewise the grandfather of my client here. Having shewn you that Caesar was seized in fee of the estate, there is no question that if the father of my client was the eldest son of Adam then my client must be Caesar's heir. My learned friend on the other side has talked of the blood of the Colcloughs, why they are all of the blood of the Colcloughs. Everyone knows that the daughter of an eldest son, is entitled before a younger son, or the son of a younger son. Now that the proofs of my clients heirship, which I shall offer to you, are not the talk of two old women, not what may have been told to a gentleman in the course of a curtain lecture, or what that gentleman may have dreamed after undergoing such an infliction. They are indisputable proofs, founded upon documentary evidence that Adam Colclough and Mary Anne Byrne were lawfully married, that Caesar Colclough is third eldest son, and their eldest legitimate son from the hour of his birth. It will not be evidence in the sense of talk. It will be founded on documents and matters so clear and precise and so important, as were never before laid before a jury. For I venture to think that there is a Providential hand sometimes in such matters, and if ever we could calculate on such, I think you will by and by agree with me that in this instance it has been made visible for the protection of my client, and for the confusion of those who have sought him to extort a compromise from him, under the most wretched pretences. Remember, the theory is, and the statement was repeated and gone over again and again, and is mixed up with the whole case, the theory is that Miss Byrne was a strict Roman Catholic when she married, that she remained so for many years after her marriage with Adam Colclough, and that only previous to the birth of her third son, Sarsfield, she turned Protestant and was married by a Protestant parson, and it is added as a warning to all who would desert their faith in old age that she did not die in her bed, but in the hall of the house, that this was a judgment on her for deserting the Roman Catholic religion! It is plain that Mr Adam Colclough was paying his attention to Miss Byrne, with the full sanction of his family and of hers. I think I have evidence irrefragible on this point. And the Colcloughs being Protestants - strong Protestants I might say, they were no doubt determined that everything should be properly done, so that the marriage should be a legal one, and its offspring legitimate, that it should be above all doubt or difficulty. Now I admit that this young lady did go to Ross about this time, but not to be married by a Popish Priest, she went to receive the sacrament according to the form of the Established Church, and at the hands of the Bishop of the diocese (Mr.Brewster here read from a copy of the registry kept for the purpose, a certificate of the licence of the marriage, a certificate of the Administration of the Sacrament under the hand and seal of the Bishop of the diocese, and various other documents, detailing the legal steps taken by Mary Anne Byrne prior to her marriage for the Abjuration of Romanism). The certificate for her marriage licence, I believe Mr. Felix Fitzpatrick, happy Felix, has read. And you are to take away from my client, notwithstanding this 9 or 10 thousand a year, on the ground that Miss Byrne was a Roman Catholic when she married. Mr Patrick Sarsfield Colclough will go out of Court not the possessor of these estates, but he will at least have the satisfaction of knowing that his grandmother was an honest woman. I believe there was a time in that gentleman’s life where he would not have permitted any one to dare say that his grandmother played the strumpet, he would not have been satisfied with less than the blood of the man who should have dared to do so. When he was a young man, a proud young man, such would have been his conduct. But misery makes us acquainted with stranger bedfellows, and his present vicissitudes have made him the dupe and the victim of all those who are dissatisfied with the Mr. Rossborough Colclough and his wife. Mr.Patrick Colclough never instructed his counsel in this action. No, no, he could not do such a thing! That came from some other quarter. For unless he himself were a bastard he would willingly stand up and hear all that was said of the hot blood of the ladies of his family. Mr. Hemphill- As statements have been made on one side, my lord, I did not wish to interrupt Mr. Brewster sooner! but from the documents which Mr. Brewster has read, which I assume to be genuine, I have instructions from my client to proceed no further. We will therefore agree to a nonsuit. Mr Brewster-not a non suit, certainly. His Lordship- When a man makes a charge which he afterwards discovers to be unfounded, the only reparation he can make is to withdraw it. I think you should withdraw and allow the jury to record a verdict in favour of the defendant. 

Mr.Brewster- I am not surprised that Patrick Sarsfield Colclough withdraws the case, I knew him when he was a fine gallant fellow, and I tried dissever him from those who urged on this case but without effect. I think, however, he has not lost the best points in his character yet. He has behaved like a Colclough, and he will not repeet it. Mr. Tandy, my lord, on behalf of my client, Patrick Sarsfield Colclough, I must say that long before this period, when he heard the statements made by Mr.Brewster, he urged that the case be withdrawn. His Lordship - though the statement of Mr.Tandy needs no confirmation, I will say that I observed in the course of the hearing of the case, that Mr Patrick Sarsfield Colclough was anxious to have it withdrawn.
The jury then returned a verdict for the defendant, with six pence costs, which was followed by demonstrations of applause in Court.
Counsel for the Plaintiff: Mr.Hemphill Q.C. Mr.Tandy, and Mr.Joseph J. Green.
Solicitor: Mr.Lawrence Mooney.
For the defendants:, Mr. Brewster, Q.C. (special); Mr. Whiteside, Q.C. (special);
Mr. J.E.Walsh, Q.C.; Mr.Ryan and Mr.Nunn.
Solicitors, Messrs. Kernaghan and Saunders.

A post script now, here are some letters between the Rossborough Colclough's and Beauchamp Colclough ...

 Tintern Abbey, March 9th, 1865.

 My Dear Beauchamp,    
Your kind letter of congratulations I thank you for. A just providence has put a stop to our long persecution, and as you rightly say that the rightful owner now sits down in peaceful possession. We cannot but feel supreme contempt for the means, the brutal means tried to deprive us of our right, but we have come through an unparalleled fiery furnace, and our children after us are safe from all torments of law for ever. The children and ourselves join in kind love, and I remain my dear Beauchamp, your affectionate cousin,
Mary G.W.R. Colclough,
Addressed, Captain Colclough, Wexford.

Tintern Abbey, Kinnagh, New Ross, October,7th 1865.
My dear Beauchamp,
I shall be so delighted at your coming to take a shot at the partridge. Be good enough to prevail upon our juvenile friend Beatty to accompany you. What has become of Mary? Pray give my best remembrance, ever your faithful relative,
John T.R. Colclough,
Address Captain B.H. Colclough, Wexford.

Colclough vs Colclough

In 1863  Patrick Sarsfield Colclough and 3 associates sued John Rossborough Colclough and Mary Grey Wentworth Rossborough Colclough at Wexford assizes for Tintern Abbey estate and other lands, Patrick Sarsfield's associates were assignees of the court of bankruptcy in Ireland, Patrick Sarsfield Colclough was discharged from insolvency, was he trying to get rich again? 

From the papers and family trees I am aware of, here are the lineages of each;

1 Mary Grey Wentworth born 9 July 1811 She married 12th January 1848  to John Thomas Rossborough of Dublin, Esq., (she died 3rd November 1884 ) he took the Colclough name.

Her father was:

2 Caesar Colclough of Duffry Hall born 1754, a member of the English and Irish Bar he was admitted to the English Bar 11th February 1783, thus a lawyer and for many years Chief Justice of Prince Edward Island, and Newfoundland.

He married 27th October, 1804, Susan daughter of James Leech of St. James Street, Westminster, London, Esq., and died at Versailles, France, the 10th of February 1822.

His father was:

3 Adam Colclough of Duffry Hall and Shroughmore House, Co. Wexford, High Sheriff of the

County in 1769, married, licence 31st January 1753. (Enniscorthy registry of Wills and administrations) his cousin Mary Anne, fourth daughter of John Byrne of Cabinteely

Co. Dublin, Esq., and died 1799. Will proved 9th January 1800 (his wife predeceased - died 6th October 1788 at Duffry Hall) .

His father was:

4 Colonel Caesar Colclough b. 1696  of Duffry Hall, Lt. Colonel of a Regt. of Dragoons, raised in the County of Wexford 1745, and Colonel of the Wexford militia. Born 1696, succeeded his father in that large tract of Country in the north of the County Wexford, known as the territory of the Duffrie, which had been chiefly purchased by his Ancestors from the Kavanaghs. Colonel Caesar Colclough also inherited the Tintern Abbey Estates under settlement executed by Margaret sister and successor of Sir Caesar Colclough, the third and last Baronet of this family. He married first, licence, 20th Jany 1718, Frances Muschamp, daughter of Sir Thomas Vesey, Bart. Bishop of Ossory, Post Nuptial Settlement, 10th March 1719,who died in the latter year, leaving issue a daughter Margaret, who died unmarried. Colonel Caesar Colclough married secondly 18th July 1721. Henrietta, daughter of Colonel Agmondisham Vesey of Lucan House Co. Dublin-- by Charlotte co-heiress of William Sarsfield of Lucan Esq., (brother of the celebrated General Patrick Sarsfield, Earl of Lucan) and Mary his wife, natural daughter of King Charles II by Lucy Walters (and own sister to the Duke of Monmouth) This is the alleged connection with English royalty, however Charles II did not acknowledge  Mary Walters as his daughter, this story would fill another book,but she came from an area not far fom where I write, I think a degree of cynicism is needed around this connection which was made by Beauchamp Colclough in his notes, anyway here’s a picture of Lucy Walters.

and here's a picture of Mary Sarsfield

His (Col. Caesar)  father was:

 5 Dudley Colclough of Mohurry or Duffry Hall, Esq., born about 1670, who being a

minor at his father’s death, and brought up in the Protestant Religion, was permitted

to inherit the estates. He was member of Parliament for Enniscorthy in 1689, and a

Colonel in King James II Irish Army, and married November 1691, post nuptial

settlement 26th March 1700, Mary eldest daughter of the Hon. Francis Barnewall of

Beggstown and Woodpark, Co. Meath fourth son of Nicholas first Viscount Kingland

His father was:

6 Patrick Colclough of Mohurry or Duffry Hall, Esq., Knight of the Shire in King James II

Parliament in 1689 and a Deputy Lieutenant of the Co. Wexford. He was High Sheriff

of Wexford in the year 1687-88 and married circa 1669 Katharine widow of John

Corbett, and only daughter of Colonel Walter Bagenal of Dunleckney Co. Carlow, by

Elizabeth (widow of John Plunket of Dunshoughly Esq.,) third daughter of Sir

Christopher Roper, third Lord Teynham

His father was:

7 Sir Dudley Colclough of Monart Co. Wexford, Knight, born 1613. He was seized of

Monart and the Duffrie Estate in 1641, and having become a Roman Catholic, and

taken the oath of the Confederation, he was in consequence of his activity in the

Royal cause deprived of his estates by Cromwell and ordered to transplant to

Connaught. He made his escape however to France (in a woman’s dress) where he

remained in attendance on the young King Charles II till the Restoration, when he

recovered the greater portion of his estates, chiefly through the interference of the

Queen mother, (herself a Roman Catholic and a personal friend). He married 1st ...

Katherine daughter of Patrick Esmond of the family of Johnstown Castle, (youngest

brother of Lawrence Lord Esmond)

His father was:

8 Sir Thomas Colclough of Tintern Abbey, Knight, who was born at Rosegarland,

Co Wexford, the 1st of April, 1564.

Who had married secondly in  1612, Eleanor 2nd daughter of Dudley Bagenal of Dunleckney Co. Carlow, Esq., (2nd son of Sir Nicholas Bagenal of Newry, Knight, Marshal of Queen Elizabeth’s armies in Ireland) by Mabel daughter of George Fitzgerald of Teeroghan Esq., She married again as third wife to Luke Plunket Baron Killeen, and first Earl of Fingal, and died November 1632.

So onto...

9 Patrick Sarsfield Colclough of Annnaville, married 1826, settlement same date Frances, second daughter of Captain Michael Brennan of Dromore, Co. Kilkenny, by Mary eldest daughter of Major Richard Colclough of Galway. He died January 26th 1867, administration to eldest daughter Margarite Henrietta, Prerogative, Dublin, 30th July 1867, his wife having predeceased him 22nd July 1861.

His father was:

 10 Sarsfield Colclough, of Upper Kildavin and after of Douglas, Isle of Man, born 1772. Married July 1792, Margaret only daughter of Patrick Colclough of Annnaville Queens County Esq., (who died 1828) and died at Douglas, Isle of Man January 1855, buried at Templeshanbo, Co. Wexford.

His father was:

 Adam Colclough of Duffry Hall and Shroughmore House, Co. Wexford, High Sheriff of the County in 1769.

The common ancestor of the litigants.

The relevance of going back to Sit Thomas is that the lineage it seems of the Colclough line of Sir Thomas and his first wife Martha Loftus which passed through:

Sir Adam b. 1600 d. 1637

Sir Caesar b.1624 d. 1684

Sir Caesar b.1650  d. 1687 he died unmarried (Beauchamp Colclough notes no will proved) no children.

Margaret Colclough, who became heiress to her brother. She married, 1st

marriage licence, Ferns 2nd October 1673, Robert Leigh of Ballybrittas alias

Rosegarland Co. Wexford Esq., and afterwards of Tintern in right of his wife. He took

the name of Colclough, and dying without issue, May 1695. Margaret Leigh

Colclough married secondly 1696, as second wife to her cousin Councillor John Pigott

of Kilfenney, Co Limerick, who also assumed the name of Colclough. He died 8th May

1717 and was buried in Saint Paul’s in Dublin where a Tablet erected to his memory

by his widow may yet be seen. His will was proved 7th June 1717.

Margaret Pigott Colclough died without issue the 23rd April 1723. Her will was

proved in Dublin 2nd June 1723, and she was succeeded in the Manor of Tintern by

her cousin and male heir:

 Caesar Colclough of Duffry Hall Co. Wexford, (Col Caesar) see 4 above.

So this is the background to Colclough vs. Colclough  Where would they have been without ther cousins to marry?

This is an interesting case which gives insight into the machinations of mid Victorian life..

More to follow.

John

Chief Justice Colclough

This is a brief post for now, but the interesting back ground to this is the attempt of Patrick Sarsfield Colclough to prove inheritance of Tintern estates, and the proof of legitimacy of the incumbents - all seems very quaint in this day and age!

Copy Marriage Certificate. Cathedral of St. Finbarre, Cork. “1808, September 29th, Guy Colclough of Newtownbarry in Co.Wexford, Lieut. in H.M. 102nd (103rd) Regt, and Elizabeth Cramp of Kinsale, by the Rev. H. Newman, by licence”.
I certify that the above is a correct extract from the Cathedral Registry.
August 24th 1874.
Robert J.Gregg D.D. Dean of Cork.

Copied from Brief in Colclough v Colclough, 1865.
Registry of Baptisms, Charlotte Town, Prince Edward Island.

Colclough- Louise Ponsonby, daughter of the Honourable Caesar Colclough, Chief Justice of Prince Edward Island, and of Susannah Leach, his wife born 13th July 1809, baptised 27th October 1809, Theophilus Desbrissay, Rector 1811. Colclough, Mary Grey Wentworth, daughter of the Honourable Chief Justice Colclough, and of Susannah Leach his wife, born 9th July 1811, baptised 27th of October 1811. Theophilus Desbrissay, Rector.

I, David Fitzgerald, Rector of St. Pauls Church, Charlotte Town, in the Parish of
Charlotte, in Prince Edward Island, do hereby Certify that the above and foregoing writing is a true and correct copy of entries in the public register book of births and baptisms for Charlotte parish in the said Island, kept according to law for the registry of births and baptisms in the said parish and now in my possession and keeping, and that Theophilus Desbrissay, above named, appears from the said book of registry to have been during the years 1809 and 1811, and for many years previously, and subsequently, rector of said parish and keeper of said register book, and that his signature in such capacity appears to the entries therein contained, dated at Charlotte Town, Charlotte parish Prince Edward Island, this 13th Day of February 1863. D.Fitzgerald, A.B. T.C.D. Rector of St.Pauls
Verified by Chas Palmer, Notary Public, 14th February, 1863 and by His Excy, Lieut. General George Dundas, Lieut. Governor, P. E. I., 14th February 1863.
Address of the Grand Jury of Prince Edward Island, to Chief Justice Colclough, Trinity

More excerpts from legal documents held by Beauchamp Colclough

Some more documents which give an insight into the Colclough machinations in the 17th century:

Wardship Books. Birmingham Tower, Dublin Castle. vol.11, p.73. 25th May, 1638.
A Licence to Anthony Colclough of Ould Ross Gent. Ismay Browne his wife and Leonard his son and heir, to convey the town and lands of Churchtown of Old Ross, with its parcel of Londonstown and Ballinebooley, to Thomas Clark or Clercke of New Ross, Gent fine paid by Clercke. £3.

Kilkenny Arch. Journal, for 1856. p. 238.
Woods and Fastnesses in Ancient Leinster.
The Dubh-thir, i.e. Black District, now called the Duffry, contains the great wood, Killoughrum (coille aeghrine) which was valued, in the year 1639, at the large sum of £8000, fully equivalent to £160,000 in the present day (1856 JC it would be millions now). In 1589 Sir Henry Wallop wrote of this district. “In the woods not far from my house in Enniscorthy, there is as good and great a store of plank and of timber needful for shipping to be had as in any place I do know either in England or Ireland,” Like many another rich sylvan scene, this fine wood was reduced to a copse, by the Ironworks of the seventeenth century. South of the Duffry, in the Fassagh, or wilderness of Bantry, was situated the Ancient Town of Old Ross, which takes its name from an oak wood that had dwindled to Twenty acres in the reign of Edward 1.

Records of the Rolls, Ulster Office, Dublin Castle.
10th July, 16th Charles 1st 1640, Old book p.360.
Grant to Dudley Colclough, of Monart of the Manor of Ballycherogue (Ballyhogue) and the towns and lands of Ballycherogue, Forrest, Keeraght, Galbally, Ballymorish, Ballyloughan, Garranstackle alias Clowndin, in the Feagh, (Faythe) in or near Wexford 24 Houses. The rectory of Ballycherogue, Ballysellane, Kilbride, St. Bridget of Taghmon, Whitechurch and St. Michael in or near Wexford. The Rectory of St. Iberies alias St.Clements in Wexford. The Rectories of CastleEllis, Mellonagh, Enniscorthie, Templecorran, St.Michael near BallybrennaMore likely 12000 JCn, and Ballymithie, with a church or chapel of St. Andrews reputed parcels of the possession of the Manor preceptory or Lordship of
Killcloughan. A parcel of Glebes in or near Wexford called Dennis Parke. A parcel in or near Wexford, In the town of St.Bridgets in Taghmon 2 houses, and the rectory of Templeinch. The rectory of St. Johns and St. Bridgets in or near Wexford. The chief rent of £1 out of certain houses and gardens in St. John Street, Wexford. The late Hospitals of St. John and St. Bridget in or near Wexford, with their sites, 2 parks, a garden and orchard, in St. John Street in or near Wexford, 24 Burgages and a quarter, Courts Leet and Baron, Waifs and Strays, of said Manor, created the Manor of Ballycherogue with power to hold Courts, Baron and leet, to enjoy all waifs and strays, to empark 300 acres, with free warren and park.
In Capite by the 40th part of a Knights fee, and a fine of £12.

Carte Papers. Vol. 155, page 124. Commonwealth. 8th May. 1649.
Petition of Mrs. Katherine Colclough, to Lord Ormonde, Lord Lieut. on behalf of her son Adam Colclough, an infant, son of John Colclough, her husband deceased, says, he was seized of Tintern County Wexford, but Marcus Cheevers disturbs her. Prays to be quieted.

16th October, 1649. Carte Papers. vol. 156. page 247.
Petition of Mrs. Katherine Colclough of Tintern, County Wexford, to the Marquis of Ormonde, Lord Lieut. fears that the soldiers may prey upon her, notwithstanding her refusal to accept the protection of the Rebels (Cromwellians) in as much as many of her neighbours have submitted. She prays a pass to go and see Mr. Nicholas Loftus, in the Rebels Quarters as he has evidences of Tintern Lordship, and knows of Sir Caesar Colclough’s death.
Note: Sir Caesar Colclough was alive, and in England, and fortunately for himself and his property, does not appear to have taken an active part in the politics of his day. (Beauchamp's note JC)

Commonwealth Books, Bermingham Tower--Dublin Castle.Vol.xliii.p.259,
Dudley Colclough, concerning the woods, Cows, and Groves destrained Ect., Francis Harvey’s Purchase of ye Wood.

Vol.xliv, pp.104,105,106. 29th April 1653.
Petition of Francis Harvey to fell more woods. Dudley Colclough.

The transplanters list. New Records Court, Dublin
List dated 19th December, 1653. Inquisition dated 16th February, 1654
(note the wood or trees cut down amounted to £100, and was sold to Francis Harvey a merchant of Wexford by Dudley Colclough Beauchamp's note JC). Dudley Colclough of Monart, is included in the list and description of the number and possession of persons holding lands in the County Wexford, who were ordered by Cromwell to transplant. His household consisted of 13 persons, and he was to be allowed to take with him 6 Cows, 3 Garrons, and 6 Swine.
The approximate amount of lands owned by Dudley Colclough in that Barony was about 10,000 acres. (More likely 12000 JC)

Commonwealth Books, Bermingham Tower,
Vol.viii, p.348. Dublin Castle, 15th December, 1655.
Dudley Colclough, Uppon consideration had of the within petition of Dudley Colclough, and of the certificates there unto annexed, it is thought fit that it be referred to Lieut. Colonel Overstreet to consider thereof, as having examined the truth of what is alleged therein, and being satisfied therewith, to dispense with the said Dudley Colclough his transplantation into Connaught or Clare, for the space of three months, provided, that he doe by his Attorney, prosecute the qualifications and claims at Athlone before the commissioners authorised for such cases.





Calendars of the Rolls, Dublin.
Charles II. 29th May, 1660 Charles 2nd restored. November 30th 1660 Act of Settlement published.
Section 25 declares, “Several Noblemen and Gentlemen, who have for reasons known unto us, in an especial manner merited our grace and favour, without being put to any further proof, shall be restored to their former estates,” In this special act of grace, as it was called, and amongst the names given is that of Dudley Colclough of Monart.

Lib, E. page 167.
The names of such of the Irish, as the Queen mother appears for, with the Earl of Anglesea’s observations in the margin. The names are as follows:
The Marquis of Antrim.
Lord Visct. Iveah.
Sir Luke Bathe.
Patrick Sarsfield of Lucan.
Christopher Archibald of Tymolin
Garret Lynch of the Knock.
Sir Dudley Colclough.
Thomas Lynch of Galway.
Charles Russell of Seaton.
Daniel O Sullivan Beare.
John Arthur.
Thomas Plunket.
Ethelb Barron of Brittas.
Charles O’ Connor, Kerry.
James O’ Connor.


Kilkenny, Arch. Journal, 1862. p.74.
Indictments for High Treason had, 1642, been laid in Dublin, against the Principal Gentlemen of the County (Wexford). See Cartes Ormonde, Vol.ii. xxxx A few of the principal Gentry of the County, who had adhered to the treaties of peace, made by Ormonde with the Confederates, recovered parts of their properties, as Sir Thomas Esmond, Bart. Robert Devereux of Carrigmanon, and Colonel Sir Dudley Colclough of the Duffry. etc.,
(See earlier posts Dudley with a bit of sleight of hand seems to have got away with treason! JC)

D’altons, King James Army List. page, 6 to 8.
1661. “The faithful and humble remonstrance of the Roman Catholic Nobility, and Gentry of Ireland,” “Addressed to King Charles II includes the names of, Luke Earl of Fingal, Dudley Bagenal of Dunleackney, Patrick Sarsfield of Lucan, and Anthony Colclough (of Rathlin).

Tintern photos circa 1900

Below are some plates from Hore's History of Wexford.

There are interesting views of Tintern abbey before 1900, they look familiar to me, I went there in the early 1990's and saw much as these photos depict. But what they cannot show is the feeling of peace, the sense of quiet and of connection. It was November I think, and I had travelled through Wexford with Bernie, he had to work that day! I remember standing alone, I was completely alone no one at all in the whole place, I was in the little church looking at the graves and tombs, writing out the epitaph's and names I know now that they had all been documented elewhere. It was poignant, the names were my names, and they were people who would have looked in askance at the red Triumph Spitfire I had arrived in. I was reflecting on it all when a Wood-Pigeon took off behind me, there was nearly another epitaph for the place:

'Here lies John Colclough a Wood Pigeon did for him'

Tintern abbey built at Bannow bay in Co. Wexford. It was founded about 1200 and known as Tintern de voto, of the vow, because the legend is that William Marshall, the Earl of Pembroke, Strongbow's son in law, when travelling from Wales was caught up in not just a storm but a tempest. In fear of his life he promised his God that he would build a suitable tribute if he was spared, which of course he was, landing in Bannow bay at St. Kearns. That was it and that was where the monastery was to go. It was to be a daughter house of Tintern Abbey in Monmouthshire. A singularly beautiful place. There is no reason to suppose that Tintern Wexford would have been any less so, I'm biased of course, but the setting in Wexford is easily a match for the Wye valley in the Wales - England border country.

Hore in his history of Wexford notes there was disdain at the building of a house at the expense of a beautiful antiquity, but his Edwardian sensibilities did not run to Henry VIII's part in Tintern's demise.

 

Sir Anthony's tomb in the little church Tintern

Sir Anthony's epitaph

Tintern Monmouth

Floor plan of above

Tintern Wexford floor plan

Tintern Wexford from the east

Tintern Wexford from the south showing living quarters.

Tintern from the south west fore ground is the little castle.

Tintern Wexford.

Some more snippets

Sir Thomas had a rivalry with Richard Masterson in the late 16th and early 17th century. Richard Masterson  held a number of crown offices which irked Sir Thomas, Masterson had been in Wexford for a much shorter time than Colclough. But Sir Thomas had been overlooked for offices such  the senechal.
However during the rebellion or nine years war which began in 1596 the area of N. Wexford known as Scarawalsh saw a member of the Kavanagh clan Donal Spainneach among the first to take up arms, an account at the time told how '...Hovenden an Englishman but a papistical traitor took Donal's son and carried him to the earl of Tyrone, with the consent of his father as a pledge of his fidelity to the earl...' The earl being the O'Neill who was captured off the coast of Lough Swilly Co. Donegal see one of my earlier posts.
Anyway the reason for this preamble is that although the Irish and those Anglo-Irish that supported them (not Colclough's) were quite unsuccessful in their rebellion, they had a notable victory on 19th May 1598 when they fought crown forces. Forces which were assembled by Sir Thomas suspending his rivalry with Masterson, and forming a group of 400 soldiers to fight the Kavanagh's, Sir Thomas and Masterson lost 309 men among them Leonard Colclough brother of Sir Thomas... Leonard was High Sheriff of Wexford in 1596 he resided at Ballyknockan, Queens County nowadays Co Laois, he was married to Honora Walsh daughter of Walter Walsh 'Lord of the mountains' of Co Kilkenny.

This area of N. Wexford became the subject of a 'plantation' between 1620 and 1640, interesting again with my Co. Donegal Ulster ancestry.
Because the above Masterson was still senechal of the area he was responsible for land allocation that is taking it from the Irish and giving it to English or Welsh (unlike the Scottish of the north) and the rivalry, discord and jealousies had restarted after the brief truce. Sir Thomas was not a beneficiary of plantation he did however build up large estates in N. Wexford by purchase, mortgaging and mortgage foreclosure to local Irish.

In 1628 these lands passed to Dudley Colclough he was the eldest son of Sir Thomas and Elinor Bagenal, he suceeded to the Duffry from his father's will, his half brother Sir Adam having Tintern. He took possession of the Scarawalsh lands in 1624 when he was 15 years old, he was living then at Monart in the Duffry. He married Katherine Esmonde who was the daughter of Patrick Esmonde of the house of Johntown in N. Wexford, Katherine was one of 3 Patrick's 3 co-heirs Dudley obtained more land in N. Wexford from this marriage. He also used purchases and mortgage foreclosures, and his second marriage to Mary daughter of Sir Patrick Barnewall of Brickstown he amassed 11,885 acres in N.Wexford making him the biggest land holding in that barony of Scarawalsh.

Dudley sided with Confederate Ireland a period of Irish self-government between 1642 and 1649, During this time, about 60% of Ireland was governed by the Irish Catholic Confederation, also known as the "Confederation of Kilkenny". This was formed by Irish Catholic nobles, clergy and military leaders after the rebellion of 1641.

The Confederation had a General Assembly, a Supreme Council, and a Military. It pledged allegiance to Charles 1. Throughout its existence, the Confederation waged war against the parliamentarians. In 1648, it allied itself with the royalists. However, in 1649 a parliamentarian army under Cromwell invaded Ireland, it defeated the Confederates and Royalists and brought the Confederation to an end.

This is relevant to the Colclough family because they were on different sides a theme to follow us through:

Adam the eldest son of Sir Thomas was created a baronet in 1628, then became Sir Adam, he married Alice daughter of Robert Rich , Master in Chancery in England, their only son Caesar who became Sir Caesar on succession to his father in 1637. His home Tintern was garrisoned by a small force of 30 parliamentarian soldiers from Duncannon during the 1641 rebellion. Dudley and his 2 brothers Anthony and John who were with the confederates were offered £400 to take Tintern, but while Lady Alice (their 'half' sister-in-law) was in residence they did not besiege the stronghold, however when she left Tintern in the spring of 1642 they took it.

When the rebellion was suppressed Dudley and his brothers were meant to be stripped of their lands and transplanted to Connaught but legal appeals, side switching and religion changing meant this never really happened. But was most probably was due to negotiations behind the scenes using marriage connections. While the Cromwell period was underway Dudley went to live at Huntingdon Castle in Clonegal Co. Carlow, this had been built by Katherine Esmonde's uncle who was Lord Esmonde. Dudley died in 1663, his family probably stayed there until 1674 when it is likely that they moved back to Duffry Hall...
Below are a couple of maps showing landholdings in Wexford:
                         

Wexford landowners 1640

Wexford landowners 1705

Much of the above information is sourced from books I have including the Colclough papers, The Wexford Gentry Volume 1 Art Kavanagh and Rory Murphy, and Wexford History and Society Ed. Kevin Whelan.

Excerpts from legal documents up to 1631

Some more excerpts from legal documents for the Colclough family up to 1631 (note phoenetic spelling relating to Adam i.e. Adam Cockley)

Equity Exchequer Orders. Dublin 1627, February.
Process as in Hillary 1626, Adam Colclough pleads grant etc., and that Sir
Anthony died seized of the lands, and that Sir Thomas died seized of the lands, and that premises went to said Adam after the death of sd Sir Thomas, that said Rectory of Ballygarvan is parcel of St. Leonards of the Nash ever since the memory of man-Plea Confession Judgement.

Calendar of the Rolls, Dublin.
8 March, 3rd Charles 1st 1627. Westminster.
Charles Rex, The King to Lord Viscount Falkland. Right truely and well beloved, we greet you well. whereas our late dear Royal father King James of blessed memory, by his letters bearing date at Westminster, the 25th February, 1621 directed to the then Deputy of that our realme of Ireland, required and authorised him, at the humble suit of Sir Thomas Colclough of Tintern in the County of Wexford, in that our Kingdom, to accept a grant and surrender to our said father's use, from the said Sir Thomas Colclough, and such other person and persons as were seized to his use, of the late dissolved Abbey or Monastery of Tintern, the town and lands of Moynart in the Duffry, the chief rent and customs of the Duffry, and all such manors,the Castles, tenements, rents, service, woods, underwoods, rectories, tithes, waters, fishings, customs, duties, and hereditaments, with their, and every of their rights, members, and was seized of any estate of inheritance in use, or possession, or whereof he received the rents or profits, in the County of Wexford, or elsewhere in that our Kingdom of Ireland.And upon his surrender, or without surrender of the premises, to make an effectual or grants, in due form of law, from our said father, his heirs and successors, without fine, unto the said Sir Thomas Colclough, his heirs and assigns, in consideration of his good and faithful service done unto our father and our Crown, of the late dissolved Abbey or Monastery of Tintern, the town and lands of Moynart, and all the Manors, Castles, lands, tenements, chief rents, services, woods, underwoods, rectories, tithes, waters, fishings, customs, duties, and hereditaments whatsoever, whereof of the said Sir Thomas Colclough was seized of an estate of inheritance in use or possession, or whereof he received the rents or profits without the County of Wexford, or elsewhere in that our Kingdom, to be holden of our said father, his heirs and successors, by and
under such tenures, rents, services, conditions and covenants, as were mentioned in any former letters
December, 13th Charles 1st
Pardon for alienations of lands to Sir Thomas Colclough. Wardship Books. Birmingham Tower, Dublin Castle. vol.11, p.73. 25th May, 1638.
A Licence to Anthony Colclough of Ould Ross Gent. Ismay Browne his wife and Leonard his son and heir, to convey the town and lands of Churchtown of Old Ross, with its parcel of Londonstown and Ballinebooley, to Thomas Clark or Clercke of New Ross, Gentfine paid by Clercke. £3. patents of the premises, granted to the said Sir Thomas Colclough, or any of hisUnto the said Adam Cockley, ancestors. And our father was graciously pleased, and did thereby require and authorise the then Deputy to insert in the letters patent, a grant of all such Courts leet and baron, with profits thereof, liberties, privileges, benefits and immunities, as are mentioned in any former letters patent, together with a fair, yearly to be holden in the town of Moynart, on such days, as to the Deputy should be thought meet. Of which letter, Sir Thomas Colclough hath received no benefit as we are informed, by reason of our said dear father, and the said Sir Thomas Colclough his decease, Now at the humble suit of our well beloved subject Adam Colclough, son and heir of the said Sir Thomas, and in consideration of the said Sir Thomas his good service done to our Crown, and for the said Adam Colclough with other encouragement and enablement to do us the like service, being well affected in religion, we are graciously pleased, and do hereby, require and authorise you, with the advice of some of our learned counsel there, in due form of law, to make an effectual grant, release and confirmation, by letter patent under the great seal of that our realm, from us our heirs and successors, without fine, unto the said Adam Colclough, his heirs and assigns, of all and singular the Castles, manors, lands, tenements, rectories, tithes, seignories, cheifries, and other hereditaments whatsoever, as well within our County of Wexford, as elsewhere within that our realm, whereof the said Adam is now seized, or reputed to be seized of anyestate of inheritance, in use possession, remainder or reversion, by virtue or pretence of any grant or grants, made to Sir Thomas Colclough, or any of his ancestors, or any other person or persons, under whom the said Adam claimeth, And the reversion and reversions, remainder and remainders thereof, and of every part thereof, and that by all or any the name or names, appearing in any letters patent made thereof, or any part or parts thereof, or in any inquisition or inquisitions found or to be found, reserving to us our heirs and successors for the same: such rents, tenures, service, conditions and covenants, rateably and proportionably, as were formerly.

December, 13th Charles 1st
Pardon for alienations of lands to Sir Thomas Colclough. Wardship Books. Birmingham Tower, Dublin Castle. vol.11, p.73. 25th May, 1638.
A Licence to Anthony Colclough of Ould Ross Gent. Ismay Browne his wife and Leonard his son and heir, to convey the town and lands of Churchtown of Old Ross, with its parcel of Londonstown and Ballinebooley, to Thomas Clark or Clercke of New Ross, Gentfine paid by Clercke. £3.
y reserved by any former letters patents, made to the said Sir Thomas Colclough, or any of his ancestors and as are now due or answerable unto us for the same, together with £5 current money of England, by the year, of increase of rent, and for such part thereof, as are not holden, or mentioned to be holden of us, our heirs and successors, by such tenures and service ratably and proportionably, as by the tenor of our father's instructions lately transmitted for the revenue of that our Kingdom, ought to be reserved for lands of like quantity, if no better tenure appears of record for us, inserting in the letters patent by warrant hereof to be made, a grant or grants to create all the premises or so much thereof, as the said Adam Colclough shall desire into one, or two Manors, and to make freeholders, to hold the Manors of so much of his lands, not exceeding a moiety, as he shall think fit, not withstanding the statute commonly called “Quia emptores terrarum”,and to have one, or two Courts, in the nature of a Court Barron, and Court leet, to be held within the manors and lands before the Seneschal, and the Seneschals of  the said Adam Colclough and his heirs and assigns, and a fair to be kept yearly at the town of Tintern, or at any other place within the said lands and premises, at such times as the said Adam Colclough, his heirs or assigns, shall desire, and a market weekly, at the town of Nash, at such days as the said Adam Colclough shall nominate and as to you shall be thought fit, with all perquisites and profits of the Court, and all tolls, customs, and duties incident to, and arising out of the fair and market, and which such further liberties, privileges and benefits, as are mentioned in any former letters patent, made to the said Sir Thomas Colclough, or any of his ancestors, of the lands and premises or any part thereof, to be enjoyed therewith, or any part thereof respectively. And that in our letters patent, of grant confirmation Unto the said Adam Cockley,and release, you cause to be inserted a grant of exoneration of and from us, our heirs and successors unto the said Adam Colclough his heirs and assigns of all the rents, services and reservations of or on the premises, or any part thereof, other then the proportionable rent, service and reservations in the letters patent by warrant thereof to be made, to be reserved as aforesaid, so as the premises may not be charged with a double rent, but that the said Adam and his heirs, may receive a perfect grant release and confirmation of all our right title and interest, of, in and to the premises, for and under the proportionable rents, tenures, and services, before expressed, whatsoever interest there be in us therein or thereabouts, or any part thereof. And lest we should receive prejudice concerning our tenures, or incidents thereof, we require you to advise with Sir William Parsons, Knight and Baronet, Master of our Court of Wards, there for the tenure of lands to be passed by virtue hereof.

21st March, 3rd Charles 1st 1627, Westminster.
Charles, Rex
The King to Lord Falkland, and the Commissioners for the Custody of the great
seal.
Right Truly and well beloved, we greet you well. Whereas Sir Thomas Colclough, late ofTintern in the County of Wexford, in that our realm of Ireland, Knight, now deceased, did as we are informed, convey and assure, or intend to convey and assure by deed or deeds, the Castle town and lands of Moynart, and divers other lands, tenements, chief rents, customs and hereditaments, within the territory of the Duffry in the County of Wexford, to certain feoffees, and their heirs, to Dudley Colclough and the heirs male of his body begotten, and for want of such issue, to the use of divers others of the sons of the said Sir Thomas, and the heirs male of their several bodies begotten, the remainder thereof, in fee to the use of the right heirs of the said Sir Thomas, as by the deed or deeds more at large may appear. And whereas the said Dudley Colclough, is now seized or reputed to be seized of an estate of inheritance in use or possession, by purchase of and in certain lands. And likewise other feoffees are seized or reputed to be seized of and in other parcels of land, within the territory of the Duffrey and elsewhere in that our Kingdom, to the use of the said Dudley and his heirs. We are graciously pleased, at the humble suit of the said Dudley, and in consideration of the said Sir Thomas Colclough his good and faithful service done unto us and our Crown, and for the said Dudley, his beUnto the said Adam Cockley,tter enablement and encouragement to do us service, Do hereby require, and authorise you to make an effectual grant Confirmation and release, by letters patent, under the Great seal of that our Kingdom, in due form of law, with the advice of some of our learned counsel there, from us, our heirs and successors, without fine unto of the said Dudley Colclough and his heirs, so much of the lands and hereditaments, with the appurtenances, as shall appear by conveyance to be purchased, or mentioned to be purchased in the name of the said Dudley Colclough and also in and by our letters patent, to be passed by virtue hereof, to make a grant, confirmation and release, from us our heirs and successors, of the Castle town and land of Moynart, and of all other the lands, tenements, and chief rents, customs and Hereditaments, with theappurtenances, mentioned in the deed or deeds made by the said Sir Thomas Colclough unto the several feoffees, and the survivor, and survivors of them, and their several heirs, to the use of the said Sir Dudley, and the heirs male of his body begotten, and after, to such other uses and intent as are mentioned in the deed or deeds, And likewise to make a grant or Confirmation, and release from us, our heirs and successors, in and by our letters patent, to be passed by virtue hereof, unto such other person and persons, and their heirs as are seized of any estate, of inheritance in any other the lands and hereditaments, with their and assigns of theirs, rights, members, andappurtenances whatsoever, in the County of Wexford, or elsewhere in the Kingdom of Ireland, to the use of the said Dudley Colclough, his heirs and assigns for ever, to be holden to us, our heirs and successors, by and under such tenures, rents, services, conditions and covenants, as are mentioned in any former letters patent of the premises, or any part thereof, granted, or mentioned to be granted, to the said Dudley Colclough, his father, or any of his ancestors, or any others under whose estate he claims, and as are now due and answerable unto us for the same, with 15/- current money of England of increase of rent yearly. And for such a part of the lands as are not holden of us by any tenure mentioned in any former letters patent, the same to be holden of us, our heirs and successors, by such tenures and service, rateably and proportionably, as by the tenor of our late dear royal father, King James of blessed memory, his instructions lately transmitted for the revenue of that our Kingdom, ought to be reserved for lands of like quantity of no better tenure appears of record for us, together with a Grant in and by our letters patent, to be passed by virtue of these our letters, unto the first mentioned feoffees, and by the survivor and survivors of them, and to their heirs, to the use of the said Dudley Colclough, and the heirs male of his body begotten, the remainder thereof to the several uses mentioned in the deed or deeds, made by the said Sir Thomas Colclough, of a Court in the nature of a Court Baron, and a Court leet, and a fair yearly, and a market weekly, to be held and kept within the town and lands of Moynart, at such times and places, as the said Dudley Colclough, his heirs or assigns, shall desire, with court of picpowder, and all benefits, perquisites and profits incident and belonging to the court, fairs, and markets, and of all waifs and strays, happening and arising within the lands and premises. And power to inclose and impark 2000, or less, of the lands, with all such liberties, privileges and benefits to be used therein or any other lands already inclosed or impaled as to a park appertaineth together with free warren within the said lands and premises, and also such other liberties, privileges and benefits as are mentioned in any former letters patent, granted to the said Sir Thomas Colclough, or to any other his ancestors, or any other under whose estate he claims, of the lands or any part thereof. Nevertheless our express will and pleasure is that Dame Elinor late wife of the said Sir Thomas Colclough, mother of Dudley Colclough, and now wife of the Baron of Killine, and her assigns, shall have hold and enjoy, all such lands, tenements, rents, customs, and profits, as she or any other person or persons, seized or reputed to be seized to her use, or in trust for her, have or ought to have, of or out of the lands and premises for and during her natural life. And for the better accomplishment thereof, our further pleasure is, that a covenant be inserted in our letters patent to be passed by virtue hereof, On the part of the first mentioned feoffees, their several heirs respectively for her enjoying of the lands, rents customs, and profits, accordingly, without their or any of their heirs interruptions, disturbance or incumbrance whatsoever. And lest we should receive prejudice concerning our tenures or incidents thereof, we require you to advise with Sir William Parsons, master of our Courts of Wards there, touching the tenure of the lands to be passed by virtue hereof.

4th August, 3rd Charles 1st 1627.
Pardon for alienations, made by Sir Thomas Colclough of lands in the County Wexford, and an alienation made by Richard Plunket of Gillstown, of lands in County Meath, to Sir James Carroll, and by the latter to the Baron of Killeen.
Chancery Inquisitions of Leinster.

20th September, 2nd Charles 1st Inq. ap. New Ross.
Anthony Colclough, late of Tyntern in the County of Wexford, Knight, deceased, was seized in fee of the Monastery ect., said Anthony Colclough, being so seized enfeoffed Thomas Siggin, and Walter Roche, of all the premises to the use of the said Anthony during his life, and after his death, to the use of Thomas Colclough, son and heir of said Anthony, the tenor of which enfeoffments is followed in the original. Said Anthony Colclough Knight and Dame Clare his wife deceased, and said Thomas Siggin and Walter Roche, were seized of the premises. Walter Roche deceased and Thomas Siggins survived him. Said Thomas Siggins being so seized, died 20 Sept 1596. Jasper Siggins, son and heir of said Thomas, was of full age at the time of his father's death, Said Jasper,
along with said Thomas Colclough, Knight, enfeoffed by deed bearing date (----)Several) etc., Said Thomas Colclough Knight. departed this life 20th August 1624. Adam Colclough is his son and heir. Said Adam was 24 years of age at his father's death and married. Said Thomas Colclough, made a Will dated 21st February 1623, the tenor which follows in the original. Said Thomas Colclough Knight made his Will (codicil) 3rd May 1624, the tenor of which is followed in the original. One Gerald Sutton by a deed of enfeoffment, bearing
date 24 January 1587 enfeoffed Thomas Williams Knight, and Clara his wife, of the town and lands of Arkloe next Clonmines in mortgage for £31-10-0 the tenor of which is followed in the original.

Equity Exchequer Orders.
Trinity Term. 1628.
Adam Colclough, Esq., to know by what warrant he claims waifs, strays, and felons goods to Monastery of Tintern, Does not claim said Royal Liberties, auditors to Report. 1628. Process against the Monastery of Tintern, and the tithes of St.Mollins, alias Tymoling of Catherlogh, being parcels of the Monastery of Tintern, half year arrears £13-8-8. granted in fee farm to Anthony Colclough.
 27 August, 17th Elizabeth, Said tithes granted to Sir William St Leger in fee farm, 3rd July 1619, at 13/4 per annum. Adam Colclough Esq., Tenant, pleads double charges, first to him, at an increased rent. Auditor reports said Abbey and town etc., were granted to said Anthony 27th August, 17th Elizabeth, and rectory of St. Moling to St. Leger 3rd July 1619, Granted to Adam Colclough 19th June, 1628, at entire rent; no process for old rents.

Calendar of the Rolls, Dublin.
19th June, 4th Charles 1st 1628,
Grant to Adam Colclough, of the late Abbey or Monastery of Tintern, Co. Wexford, with all Castles, lands, tenements, and hereditaments, of which the lands of Ballymolyn, Arklow, and Clomyne, are to be held of the chief Lord of the fee, by the tenure and service anciently accustomed, and the use of the lands, are to be held of the King, in Capite, by the 20th part of a Knights fee, All the lands are erected into a Manor, to be called the manor of Tintern, with a Court Leet, and Court Baron, a weekly market to be held at the town of Nashe on every Monday, and a fair on every 24th day of June, pursuant to his Majesty's letter of the 8th March 1627, with a proviso that this part, shall not prejudice the jointure of the lady Killeen, late wife of Sir Thomas Colclough.

June 19th, 1628.
King Charles the first by letters patent of that date, in the fourth year of his reign, gave, granted and confirmed unto Adam Colclough, his heirs and assigns. All that, the late Abbey, monastery, or religious House of Tyntern, and the whole scite, ambite, and precinct of the said Abbey Monastery, or religious house, with its appurtenances in the County of Wexford, in our said Kingdom of Ireland, and also the castle town, and lands of Tyntern, with its appurtenances in the said County of Wexford, and also the town and lands of Castleishell and Castlemoroughe, and one water mill, with the watercourse thereunto belonging in the town and lands of Tyntern aforesaid, commonly called the Overshot Mill, and also the parcel of land called the Saltmill there, and also the townsland of Keran. And also the town and land of Ganescullen, and the town, village, or hamlet, and the lands of Tullow, and also the town and lands of Saint Leonard, Ballyhackbeg, and Canomore, with its appurtenances in the County aforesaid, and also the town and lands of Ballyherme, with its appurtenances in the County aforesaid, also the town, village and land of Nashe, with its appurtenances in the County of Wexford, and also the town, and lands of Rathnegeraghe, with its appurtenances in the County, aforesaid, and also the town and lands of Bouly, with its appurtenances in the County aforesaid, and the watermill thereunto belonging in the said town of the Bouly and also the town and lands of Yoletown with its appurtenances in the County aforesaid, and also the towns and lands of Garriduffe, with appurtenances in the County aforesaid, and also the towns, villages and lands Unto the said Adam Cockley, Rathmanly, Donmayne, Clonagh, and Ballyfleming, in the County aforesaid, and also the town and lands of Clonyn, with its appurtenances in the County aforesaid, and also the towns and lands of the Grange of Kilmore, Castletown and Ballybought, and also the town and lands of Scarte, Donedowne, otherwise Owenduffe, Tobbernassen and Gaynestown, with its appurtenances in the County aforesaid. And also the rectory church or chapel of St. Kearan and Kemoran, otherwise St. Keran, and the rectory church or chapel of St Leonard aforesaid, and also the rectory, church or chapel of the Nash, the rectory church or chapel of Donaghmayne aforesaid, and the rectory church or chapel of Clomyne aforesaid, with its appurtenances in the County of Wexford aforesaid, also the rectory, church or chapel of St Leonards, aforesaid the rectory church or chapel of the Nash, the rectory church or chapel of Downemayne, aforesaid, and the rectory church or chapel of Cloymne, aforesaid with its appurtenances in the County of Wexford (page 167) aforesaid, Ballyhackny, and Carnmore, with its appurtenances in the said County foresaid, and also the rectory or chapel of St.Mollins, Ballymoylan, Clomyne and Arklow, with its appurtenances in the County aforesaid of Catherlough or either of them all and singular of which premises were then lately reputed to be part of the lands and possessions of the late Abbey, Monastery or religious house of Tintern, and also the town and lands of Ballymoylan with its appurtenances in the County of Wexford, and also the town and lands of Archloo, with its appurtenances in the County of Wexford aforesaid, and also the town and lands of Kynnagh, Kinneagh, otherwise Kinnagh, Cowleras, Ballycullan, Ballyrowne, Dowrought and Priestown, with its appurtenances in the County of Wexford aforesaid, and also 80 acres of land with its appurtenances in the town and land of Clomyn, in the County aforesaid, then late in the tenure and occupation of Richard Power, and all lands, tenements and hereditaments, whatsoever with their rights, members and every their appurtenances as well within said County of Wexford, as elsewhere, within said Kingdom of Ireland, of which the said Adam Colclough, on the 8th day of March, in the third year

Calendar of the Rolls, Dublin.
21 July, 4th Charles 1st 1628, Westminster.
The King to Lord Viscount Falkland. Right truly and well beloved cousin and counsellor, we greet you well. Whereas we have received good report of the quality of our well beloved subject, Adam Cockley Esq., of Tintern in our own Kingdom of Ireland. We are graciously pleased for his better encouragement, to confirm upon him the title and dignity of a Baronet of that our Kingdom, and therefore, we hereby will and authorise you, forthwith upon the receipt of these our letters, to give directions that a grant be passed, under the great seal of that our Kingdom, with advice of one of our Council at law there. Unto the said Adam Cockley, (JC 2013) and the heirs male of his body, of the honour and dignity of a Baronet of our realm of Ireland, inserting in the grant, all clauses and privileges usual and accustomed to be passed in like grants.
Signed Charles Rex. st

11th July, 7th Charles 1st 1631.
Grant to Sir Adam Colclough, of the wardship of Harry Laffan, grand child and heir of Nicholas Laffan, late of Slade, in the County of Wexford.

February, 9th Charles 1st 1631.
Pardon for alienation of certain lands in the County Wexford, By Sir Adam Colclough, Bartand Sir Robert Riche Knight, to John Pigott Esq., and Henry Hoard, Yeoman, and by said last parties, To Sir Thomas Butler, Bart of Garryhundon.

More to follow with some analysis....

Sir Adam Colclough

Brief posting this week on Sir Thomas' son adam.


Sir Thomas Colclough died 23 August 1624, (probate granted to relict 2nd December 1624, and letters of administration subsequently granted to his eldest surviving son Sir Adam in the Prerogative Court Dublin 1627). He was buried with great pomp and ceremony in the Church built by himself for Sir Anthony in the Demesne at Tintern on the 23rd September 1624, and was succeeded in his Tintern estates by his eldest son.
Sir Adam Colclough of Tintern Abbey, Baronet, born 1600, created a Baronet
4th year of Charles 1 (1628) High Sheriff Co. Wexford 1630. He married 1623 Alice daughter of Sir Robert Riche, Knight (a Master in Chancery in England ) and died April 1637, hiswife surviving him - his will was proved in the Prerogative Court, Dublin 3rd May 1637.

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 (John of Pouldarrig JC 2013) 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.

Then a 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 (oral or verbal will in the presence of witnesses sometimes a deathbed will JC 2013), 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.