Ancestry of Butlers of County Wexford Ireland: Butlers of Co. Wexford- Ch. 4: Pierce Butler of Kayer (c.1600-c.1653) Pt.1

The third descendant of Richard Butler 1st Viscount Mountgarrett to own the lands of Kayer, Co. Wexford, was Edward Butler’s son and heir named Pierce, who was born c.1600.

Calendar of Patent and Close Rolls of Chancery in Ireland [i]

Charles I (1629) Membrane 39:

Livery of the possessions of Edward Butler, late of Cayer, in the county of Wexford, to Peter, his son and heir- May 10, 5°.

June 1628- Catherine Butler als Masterson of Kayer and Peter Butler of the same. Recognaizance to perform the judgements etc of the Court of Chancery. [ii]

Whether Edward Butler was deceased by June, or unable to attend matters due to illness, is uncertain. Records indicate that Edward died in September 1628, so why Pierce and his mother were under recognizance to “perform the judgements of the Court of Chancery” is unknown- possibly Edward was medically unfit.

The Calendar of Patent and Close Rolls of Chancery in Ireland has the following entry, dated 1626:[iii]

Charles I (1626)- Membrane 41

Pardon of an alienation made by Peter Butler, Richard Whittie, James Furlong, Oliver Keating, and Richard Devereux, to James Dillon Earl of Roscommon, Philip Devereux, Walter Whittie and Michael Symes, of the manor of Caher, and lands in the county of Wexford- Dublin, March 23, 2°.

The above reference refers to an earlier record of Pierce’s grandfather (also named Pierce), that showed that Pierce’s property at Caher/Kayer was transferred to James Dillon Earl of Roscommon for some reason, and that following a petition, the transfer was rescinded. Notably, others on the list, viz. Oliver Keating and James Furlong were his uncles by marriage, and the Devereux’s were distant cousins via his grandmother’s family.

The earlier record: [iv]

An Inquisition of James I dated 24 March 1618 re Peter Butler (the elder)

Being so seized in his life the aforesaid Peter Butler granted in fee of the premises (of Cayer) to James Dillon of Moimett in Co Meath, and to others by a deed bearing the date 13 October 1598, the tenor of which deed follows in the original.

27 March 1633- Pierce was present at the funeral of Countess of Ormond at St Canice Kilkenny – ‘Mr Butler of Monihore’. [v]

24 November 1637 Grant to Pierce Butler of the lands etc. of Kaire als Cloghnakearagh Co Wexford with the right to create a manor and to impale a park of 1000 acres. [vi]

NAI Lodge/6/33- Grant to Peirce Butler of Lands in Wexford, dated 24 November 1637

(Calendar of Patent Roll translated from Latin to English)

(Virtual Record Treasury of Ireland)

In various records, Pierce/Piers is variously described as of Kayer and Clough (in the Parish of Clonmore), and of Moneyhore (in the Parish of Rossdroit), all in the possession of Pierce Butler in the Civil Survey of 1641. [vii]

It is not known for certain whom Pierce married, however, Butler family historian Lord Dunboyne suggested he married a FitzPatrick or a FitzHarris. Theobald Blake Butler stated that Pierce married Katherine FitzHenry, probably of the FitzHenry’s of Kilkeven Castle, however, Patrick Lord Dunboyne found another reference that suggested a different candidate. A series of books published in 1965 edited by Micheline Walsh, “Spanish knights of Irish origin: documents from continental archives” (Dublin: Stationary Office, for the Irish Manuscripts Commission), Volume II, page 20:

“1677- Madrid- Genealogy- “Diego Enrriquez (ie. James fitzHenry) y Butler (and Butler) natural (native) de Quilquevan (Kilkevan) en el condado (county) de Wexford, Ireland, s (son of) Nicolas Enrriquez, Senor (Lord) de la villa de Quilquevan, by Cathaline (da.’ Don Pedro Butler, Senor, y natural de la villa de Muinehora (Monehore) by Dona Gracia FitzPatrix da. ‘Visconde de Osori, natural de dicha villa de Osori”.

This document refers to Pierce’s wife as Grace FitzPatrick, daughter of Barnaby (5^th?) Baron of Upper Ossory (son of Thady FitzPatrick 4^th Baron and his wife Joan Butler dau. of Sir Edmund Butler of Cloughgrennan).

Issue of Pierce Butler of Kayer (the younger)

Pierce Butler was the father of:

1.)Edward (of Moneyhore) who married

a. Jane, dau. of Col. Thomas Bagnall of Dunleckney Co. Carlow (now Bagenalstown);

b. Marie, dau. of Philip Hore of Kilsalaghan Castle Co. Dublin

2.) James who married Mary Colclough, dau. of John Colclough of Poldarig (viz. brother of Dudley Colclough of Monart who had a close association with Pierce Butler; sons of Sir Thomas Colclough of Tintern Abbey [ix]-

NB. Pierce Butler was named, in depositions following the Catholic Rebellion, with John, Anthony and Dudley Colclough involved in a raid on Tintern Abbey; John Colclough married to Katherine Synnott d/o William Synnott of Ballybrennan),

3.) John (nothing known, however, as third son he was possibly in the clergy or military),

4.) Walter (of Munphin- see more detail later chapter), married Lady Eleanor Butler alias White (widow of Edward Butler 2^nd Viscount Galmoy, and mother of Piers 3^rd Viscount Galmoy and two siblings; dau. of Sir Nicholas White of Leixlip Castle, Co. Kildare.)

5.) Katherine - first thought to be of Templescoby, a spinster whose Will named her great nephew Walter Butler of Coolagh Co Wexford as her executor (BTR320) (possibly Walter Butler son of Col Walter Butler Jnr son of Walter Butler Snr of Munphin). However, from the above Spanish record, it would appear she married Nicholas FitzHenry of Kilkaven Co Wexford and had a son named James FitzHenry who was living in Spain in 1677. The petition below ambiguously names a Katherine FitzHenry who could refer to the wife or the daughter of Pierce Butler which has led to the confusion.

The following Petition to King Charles II following the Restoration, was presented in about 1664, by Katherine FitzHenry alias Butler and by James, John and Walter, the younger children of Pierce Butler of Moneyhore, co Wexford, deceased, shewing that:- [x]:

“Pierce Butler died in the Usurpers’ time, having lost his estate by the said Usurpers. Pierce’s eldest son, Edward, was certified as loyal by the Duke of Ormond at the restoration, and your Majesty, by letters to Lords Justices Orrery and Mountrath, directed that he should be restored to what estate his father had in October 1641. Edward, getting no benefit of these letters, claimed restoration before the Court of Claims, and also claimed the interests settled upon the petitioners by their father. Had it been heard, this claim must have succeeded, since Pierce Butler was always loyal and Edward was in Paris from his eighth year till his father’s death. At the end of the time limited for hearing claims, Edward’s claim was twice placed in the list for hearing, ‘but, by the subtle artifices of those interested in the said estate, was both times before the days intended for his hearing, struck off the said list… his said antagonists well knowing there was no other way…. to deprive him or the said younger children of their right.’

Edward then petitioned the Lord Lieutenant to direct a hearing of the claim aforesaid and the Commissioners were ready to grant the petition, but they were occupied with other cases in the last days of their sittings and the petitioners’ claim was never heard. They are consequently in great poverty ‘and the said estate possessed all by a very inconsiderable company of Anabaptists and Quakers, some whereof were taken and their letters intercepted going to join with that regicide Ludlow in the said Kingdom, notwithstanding your Majesty’s proclamation against him before that time; and others of them were actually in the plot that was intended at Dublin’ against the Lord Lieutenant.

It is ‘contrary to all the rules of Christianity” (that) petitioners should lose their estate without being heard, and they believe it is not your Majesty’s intention that they should be ‘indirectly shuffled out of their right.’

They pray a reference to the Duke of Ormond for certificate of the truth of the facts alleged above, and for an opinion as to how they should be relieved ‘upon the passing of these Bills now before your Majesty relating to the further settlement’ of Ireland, by provision for their being heard or otherwise.”

The marriage of daughter Katherine Butler to Pierce Butler

Pierce’s eldest son Edward, in Edward’s will, [xi] does name his ‘executors and brothers’ as Walter Butler and ‘Nicholas FitzHenry’, who was probably Katherine’s brother or nephew. Edward also names Marcus FitzHenry as his witness, again possibly an uncle or cousin.

Theobald Blake Butler’s research has Pierce married to Katherine daughter of Pierce FitzHarris als FitzHenry of Kilkevan Co. Wexford, date of marriage not found. [xii] Blake Butler also has a daughter of Pierce, named Katherine married to Nicholas FitzHenry als fitzHarris of Kilkevan, which he concluded from the will of Edward (Pierce Butler’s son), BTR 70.[xiii] However, this Katherine could be the Catherine Butler of Templescoby in BTR 320 who named her grand nephew as Walter Butler of Coolagh.

At the time of the Catholic Rebellion, there was a Nicholas FitzHenry of Edermine and Mackmine, property that marched with Kayer, as well as a Nicholas FitzHenry of Kilkevan. Whether they were one and the same is not clear, although the Kilkevan and Mackmine properties all belonged to the same family of FitzHenry’s.

The following account of the battle of Lambstown is taken from the Journal of the Kilkenny and South-East of Ireland Archaeological Society: [xiv]

“Lambstown- This battle, fought in 1650, is still traditionally spoken of in the neighbourhood. It is said to have been the last stand made against the Cromwellians in Leinster. The road in which the battle was fought is called “the bloody gap”, the ditches having been full of blood. Sir Laurence Esmonde (eldest son and heir of Sir Thomas) commanded the horse; Nicholas FitzHenry of Mackmines is traditionally said to have commanded a troop of Bantry men; Christopher Hore of Pole Hore and Philip Hore of Kilvashlan [xv], captain of foot under General Preston, and one of the Furlongs, commanded the levy of the Glynn. The force opposed to them was the garrison of Wexford, a band of well-armed veterans, which marched out to clear and seize the country. The defenders, when beaten fled as far as a hill still called ‘the drummer’s hill”, where they rallied, but were not dispersed. In the appendix to Lord Clarendon’s History, it is stated that Piers Butler, eldest son of Lord Galmoy (viz. 1^st Visc. Galmoy), and captain of horse by royal commission, being taken prisoner in this fight, was killed in cold blood after quarter given.”

Nicholas FitzHenry of Mackmine was also on the Wexford Roll of Catholic Confederation who took the Oath.[xvi] (Also a Nicholas FitzHarris of Ross on the Roll)

A Nicholas FitzHenry is also named as the grandchild and heyre of Thomas FitzHenry of Kilkevan in the list of dispossessed Landowners of Ireland 1664.[xvii]

The following record in 1608 mentions a Marcus fitzHanrie (fitzHenry) of Kilkevan Esq.

1608- The following gentlemen of the town (Wexford) and County appeared in the Roll Call of the grand pannell of the County at the general sessions held before Sir James Leg(h), Knt, Chief Justice of the King’s Bench, and Robert Oglethorpe, Esq., Second Baron of the Exchequer, Justices of Assize and Jail delivery in the County, 25 July 1608: Justices of the Peace:

James Butler of Bellabow, Esqr; Marcus and Edward fitzHanrie (fitzHenry) of Kilkevan, Esqrs’ etc. [xviii]

However, in the 1641 Civil Survey, Sir Edward fitzHarris Baronet, was owner of Whitties Hill adjacent to Kilkevan, plus Ambrosetowne etc, and Thomas fitzHarris was owner of Kilkevan.[xix]

The Butlers held a close kinship with the fitzHarris’s of Kilkevan and of Mackmine Castle adjacent to the lands of Kayer- John fitzHarries witnessed Pierce’s father, Edward Butler’s will dated 6^th September 1628. They were related through marriage- Edward’s aunt Joan (sister of Pierce Butler the elder- some records viz. Burke, have her as Catherine [xx]) married Marcus/Mathew fitzHarrys of Mackmine and Kilkevan.[xxi]

(NB the name FitzHarris and FitzHenry were interchangeable at that time- the fitzHenrys becoming the fitzHarrys and then fitzHarries etc. The name Marcus was also synonymous with Matthew. This family was one of the original families that accompanied Strongbow into Ireland and settled in Co. Wexford.)

Possible daughter named Elizabeth, married to Gerald Kavanagh of Inch

The petition above does not name a daughter named Elizabeth, however, the following Kavanagh family tree shows a marriage of a daughter of Pierce Butler of 'Mount Finn'. In pencil, parts of the record are crossed out, and Munfin added. This is the first reference to a Pierce Butler associated with 'Mount Finn'. The Mount Finn/Munfin in question could relate to either the Munfin that would become the home of Pierce Butler of Kayer's youngest son Walter, in Scarawalsh near Balinturner, or it could be the Munfin in St John's Parish which was part of Pierce's Kayer estate, just south of Enniscorthy, beside the River Slaney.
The identity of this Pierce Butler of Mount Finn, is difficult to ascertain. Pierce of Kayer died in 1653, so if he had a daughter Elizabeth, she must have been born before then, which would put her age more in Simon Kavanagh's age-group rather than his son Gerald's. Did Pierce have another son named Pierce who was not in the petition above? This record poses many unanswered questions.

The Kavanagh Pedigree from the National Library Island:

Simon Kavanagh of Inch Co. Carlow, a cadet branch of the Borris Kavanaghs, was a Captain in Charles Kavanagh's Regiment in King James II's Army. After the surrender of this regiment at Waterford in 1690, they were transported to England to the Tower, and were eventually sent over and interned at Bruges, from where many escaped to France. After the Peace of Ryswick 1697, many Kavanaghs joined Maurice de Kavanagh in the service of the Imperial Army and the Duke of Lorraine. Simon appears to have returned to Inch where he married Ann Hore of Harperstown, Co. Wexford, and had their son Gerald. Gerald and wife Elizabeth Butler had sons James Kavanagh of Inch and Terence Kavanagh of Gooling Co Carlow. James's grandson, James Kavanagh (b.1752) would serve in the Imperial Army and Austrian records give him the title of Baron, dying in 1795 from a severe wound serving on the Italian frontier against the French. His son Henry Simon born at Gratz in 1785, Baron Kavanagh of Ballyann (so styled), Chamberlain to the Empress of Austria. After long distinguished service as a colonel, and several woundings, in 1813-14 he rejoined Army Headquarters and subsequent to the Congress of Vienna he was appointed to the Presidential bureau of the Imperial Council of War, where he remained as a Military Secretary till his death in Vienna in 1830. In 1814 he was decorated with the Knight's Cross of the Austrian Imperial Leopold Order, and in 1815, with the French Royal Order of St Louis, and made a Commander of the Royal Sicilian Order of St George. He married 1812 to Leopoldine Baroness von Moscon, and had two sons.

Death of Pierce Butler of Kayer

There is no known will for Pierce Butler, however his death can be placed between May 1652 and December 1653. His son Edward would state in a petition that he had lived in Paris since the age of eight until his father’s death in Paris. His wife Katherine FitzHenry alias Butler and his three sons stated in their petition that he had died during the “Usurper’s time”, which indicates he died after 1650. In the Treaty of 12 May 1652, he was offered the return of his estates by the usurper, provided he acknowledged his authority, this he refused. [xxii] He died before 16 December 1653 when his son and heir Edward was granted a ‘Transplanter’s Certificate’. [xxiii]

In various depositions (of which hereafter) dated from December 1653, he is described as ‘deceased’.

© B.A. Butler

Contact email butler1802 @hotmail.com (NB. no spaces)

Link back to Introduction
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-co-wexford-ch1-richard-1stviscount-mountgarrett.html

Links to all chapters on Pierce Butler of Kayer (c.1600-1652) on this blog:

Pierce Butler of Kayer Part I- early life and marriage
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch-4-pierce-butler.html
Pierce Butler of Kayer Part II- role in the Catholic Confederation Rebellion

[i]Calendar of Patent and Close Rolls of Chancery in Ireland, volume 2 (1625-1633), p.534, Charles I (1629) Membrane 39 (MEMSO website)

[ii] Theobald Blake Butler (TBB), Genealogy of the Butlers, Volume 8, Viscount Mountgarrett and Poolestown, Bart; filmed by the Genealogical Society of Utah (LDS) FHL British Film [873840]: ref: Court of Chancery, ADD 19841 Entry Book of Recognaizances

[iii] Calendar of Patent and Close Rolls of Chancery in Ireland, volume 2 (1625-1633) p.160, Membrane 41. (MEMSO website)

[iv] An Inquisition of James I dated 24 March 1618, with notes by Michael Mac Eochaidh, The Past: the Organ of the Ui Cinsealaigh Historical Society, No 8 (1970) pp68-74, pub by Ui Cinsealaigh Historical Society, Stable URL: www.jstor.org/stable/25519888, Accessed 7/10/10

[v] (TBB) FE ADD 4820 p.155

[vi] (TBB) Lodge Register Vol 2 Chas I p.29

[vii] Robert. C. Simington, The Civil Survey AD 1654-1656, Volume IX, County of Wexford, Dublin Stationery Office, 1953. (Taken from the 1641 Civil Survey)

[viii] Lord Dunboyne’s Pedigrees No 24

[ix] Baronetcies of Ireland, Extinct or Dormant- Colclough of Tyntern Abbey- Ancestry.com)

[x] Calendar of State Papers Relating to Ireland, volume 22 (1625-1670)- P. ¾ Endd. S.P. Ireland, 346, 57

[xi] BTR no. 70 Edward Butler of Moneyhore (ie. Butler Testamentary Records- The Butler Society www.butler-soc.org .)

[xii] In the 1641 Civil Survey, the only Pierce FitzHarris named is of Knocktortan in Shelmaliere, just south of Taghmon.

[xiii] Hore lists nine FitzHarrises indicted for treason in 1642: Nicholas of Ross, merchant; Thomas of Kilkevan gent; Walter of Kilkevan gent; Meyler of Ballykeroge gent; Nicholas of Keroge gent; Nic Oge fitzHarris of Macmine gent; Meyler of Connagh gent; Lawrence of Ross clerk/priest; Martin of Kinnagh clerk/priest. “Other sources reveal that Nicholas FitzHarris of Macmine and Thomas, Walter and Richard of Kilkevan took part in the siege of Duncannon in 1642. (Source www.revolutionwow.co.uk/fitzharris/origins.html . Anstice fitzHarris and her son Nicholas of Macmine transplanted to Co Mayo in 1653- 600 acres at Oughaval, Barony of Murrisk, Co Mayo.

[xiv] Journal of the Kilkenny and South-East of Ireland Archaeological Society, Vol IV 1862-63, pub. Dublin 1864, p79

[xv] Philip Hore of Kilvashlan’Killsallaghan’s sister Marie would marry Pierce Butler’s eldest son Edward. Philip son of Philip Hore of Kilsallaghan Castle, Co Dublin.

[xvi] Philip Herbert Hore (ed), History of the Town and County of Wexford, Elliot Stock, 62, Paternoster Row, E.C., London, 1900-1911- 6 volumes- (Compiled principally from the State Papers, The Public Records, and MSS. of the late Herbert F. Hore, Esq., of Pole Hore, in that County) Reprint 1978, Vol 5, p257

[xvii] The “Irish Genealogist” Journal (CDROM) Vol 4 issue 4 pp275-302- 1971, article “The Dispossessed Landowners of Ireland 1664- Lists given to the Duke of Ormonde to select his nominees for restoration- copied from the Prendergast MSS Vol iv at the Kings Inns Library Dublin (Originals in Carte MSS Vol 44 1660-70 in the Bodlein Library, Oxford). The names that occur in these lists are those of the heads of families who lost their lands through the Cromwellian Settlement and were not, for the most part, compensated with grants in Connaught or Clare, nor restored by the Court of Claims which functioned in 1663 (an exception was Sir Thomas Esmonde who was allotted lands in Connaught). Some described as ‘past’ means that the individual has passed the Court of Claims for Restoration. A very small number of the ex-landowners on these lists were eventually restored to some of their former lands as nominees, and it fell to Ormonde, as Lord Lieutenant, to make the recommendations. For this purpose he needed not only the names of the persons concerned but some briefing also on their conduct during the period of war of 1641-52 in Ireland, and more especially the early part of it. FitzHenry was described as BHI ie. submitted to cessation in 1643 and to the peace in 1646 and 1648, and since 1643 lived quietly & inoffensively at home. Pierce Butler of Moneyhore also on list.

[xviii] P. Hore, History… op.cit., Vol 5 p206

[xix] Robert. C. Simington, The Civil Survey AD 1654-1656, Volume IX, County of Wexford, Dublin Stationery Office, 1953, p140 (Taken from the 1641 Civil Survey)

[xx] See T. Blake Butler’s Genealogy Vol 8 for his explanation of the name of Joan or Catherine

[xxi] Lord Dunboyne’s Pedigree No 14- Mountgarrett

[xxii] (TBB) Cal SPI 1660-1662 P.263- Petition of his son Edward Butler

[xxiii] P. Hore, op.cit, Vol 6, p502

Monday, 5 November 2012

Butlers of Co. Wexford- Ch. 4: Pierce Butler of Kayer (c.1600-c.1653) Pt.1