AN ABSTRACT of the state of the cause between the Earl of Kildare and Sir Robert...

William Talbot of Mallahide and others were seized by feofment from Gerrot, late Earl of Kildare, of the Manor of Portlegten, amongst other things, to the use of Mabell, Dowager of Kildare, as parcel of her jointure after her death, and of Athey, Woodstock and other the manors and lands of the Earldom, after the death of the said Earl to the use of the heirs male of the said Gerrot, the remainder to Edward, father of the now Earl and heirs males of his body, with divers remainders over.

These three manors were conveyed (as is alleged by Sir R. Digby) afterwards for a jointure to the Lady Kath. FitzGerald, wife to the late Lord Gerrott. The same Lady Kath, after, in consideration of an annuity of 200l., granted her by the old Earl and his feoffees out of all the lands which the Earl of Kildare and the Dowagers have now in possession, did give up her jointure to the old Earl. Lord Henry, late Earl, and the feoffees conveys these manors to his mother, Dame Mabell, for life.

Sir Robert Digby bought the remainder of a lease for years passed by the Lo. Henry and the feoffees, to one Luttrell, of Woostock and Athey, and procured another lease from the Lady Mabell for Portlester during her life, and so came to the possession of these manors, and paid rent according the agreement till the time of her death.

The lease of Portlester expired by her death. The lease of Athey and Woostock expired a little before her death, and some controversy happening betwixt the Earl and Sir Robert Digby for the same, claiming from Dame Mabell the Dowager, the rent which she reserved upon the Earl was ordered to be paid to her, and the residue of the profits were sequestered as indifferent betwixt the Earl and Sir Robert, which sequestration yet continues.

Upon the Countess's death, the Earl came to these manors and made a peaceable demand of possession. Some ancient tenants that were continually dwelling there, both before Sir Robert took the same to farm and after his departure into England, did deliver possession to the Earl without contradiction, and thereupon he set those lands for rent, and against those that refused to deliver possession he proceeded by suit in the King's Bench to recover the same, which suit being ready for trial by a jury of gentlemen in the country, was notwithstanding stayed by order from the Lo. Chancellor by reason of Sir Robert Digby's absence, and now again since Sir Robert's coming into Ireland by a new injunction.

Sir Robert Digby being in England preferred a scandalous petition against the Earl to the Lords of the Council full of untrue suggestions, that the Earl entered by force into those manors, and dispossessed him by violence, with many other false surmises, whereupon their Lordships (not being informed of the true state of the cause, that the Earl's entry was lawful and without force, and that Sir Robert Digby's possession was only as tenant to the Lady Dowager, paying her rent, and that his interest and possession ended upon her death), directed the Lo. Deputy and Council here to examine the particulars of his petition, and to restore him. And although it seemed that their meaning was not to dispossess the Earl, if Sir Robert Digby's informations were not true, yet the Lo. Deputy and Council gave order to put Sir Robert Digby in possession, although it appeared plainly to them by the proof of the tenants themselves that the Earl's possession was got without force, and that it could not be denied by himself that he paid rent to the Lady Mabell for the same during her life.

The Earl desires that seeing the possession he holds by has been so long settled and continued, that according his Majesty's directions by letters of the ----- [Blank in M.S.] and according the Lords of the Councils directions of the ----- [Blank in M.S.], he may be continued in the possession of those manors and lands till Sir Ro. Digby shall recover them by the ordinary course of law.

Besides there is neither reason, law, nor equity (as the Earl thinks) that Sir Ro. Digby should in the behalf of the Lady Katharine (by whom only during her life he must make his claim) should hold these manors, as the Earl's other lands being charged with an annuity of 200l. per annum to her in consideration only of the said manors.

Copy. Endorsed.