Walter Butler of Munphin and the consequences of the defeat of James II on his financial situation, and his death in 1717
Forfeitures of Pierce Viscount Galmoy, Walter Butler’s stepson
John D’Alton’s book, [1] also has the following:
“Lord Galmoy’s forfeitures alone comprised nearly 10,000 acres plantation measure in the county of Kilkenny, and about half that quantity in the Barony of Bantry, co of Wexford.”
and “At the Court of Claims in 1700, Walter Butler petitioned for and was allowed mortgages affecting Lord Galmoy’s estates in the county of Kilkenny.”
23/24 May 1688- Walter Butler had a mortgage from Pierce 3rd Viscount Galmoy secured on the lands of Lower Grange in the barony of Gowran Co Kilkenny in two sums of £600 and £500 and he entered his claim for this at Chichester House before August 1700 [2] (Claim No 3082) the former mortgage being dated 23/24 May 1687. This claim is marked “Allowed and Referred”.
Under the schedule of lands forfeited 27 June 1688 [3] this claim is entered E 201/10 Walter Butler of Munfin Co Wexford.
Chichester House Claim No. 643- Matthew Ford claimed £4,400 penalty counter security against the two bonds of 23/24 May 1687/8 above, secured against the whole estate of Lord Galmoy and Walter Butler of Munfin and this claim was allowed. [4]
Chichester House Claim No. 1972- Nicholas Holyroyde merchant claimed £100 annuity by mortgage dated July 1693 from Walter Butler of Munfin and charged on the estate of Pierce 3rd Viscount Galmoy. Disallowed.
1681 to 1695- Walter Butler of Munfin will be found both as a witness and a principal in a number of mortgages, leases etc. dealing with the Galmoy estates and quoted in the Chichester House Claims. [5]
The following estate/interests claimed in the County of Carlow refer to Walter Butler and relate to Galmoy’s lands:
1.Claimant: James Butler, merchant;
Estate/Interests Claimed: Absolute fee;
By What Deed or Writing:By lease & release dated 21st and 22nd Feb 1681 wit, Walter Butler, Christopher Horncastle & C. and fine levied in Easter 1681 and recovery suffered as a collateral security and statute staple acknowledge to claimant of 1800 pounds for performance of covenant;
On What Land: Town and lands of Rathlin;
Late Proprietor: Pierce Viscount Galmoy;
Observations: Dismissed as cautionary. [6]
2.Claimant: Isaac Holroide, merchant;
Estate/Interests Claimed: an annuity of £1000 per annum forever;
By What Deed or Writing: By lease and release dated July 1693. Witnesses Benj. Burton and others from
Walter Butler who had a mortgage in fee from Pierce late Lord Viscount Galmoy;
On What Land: Two parts of the rectory and tithes of Ballyellen;
Late Proprietor: Oliver Eustace;
Observations: Disallowed.
(See Claim 1972 above from T. Blake Butler’s research, which appears to refer to the same claim, however, some differences viz. name and amount.)
3.Claimant: Wm Cooke, gent;
Estate/Interests Claimed: £1960 mortgage part of several debts due by judgement to claimant;
By What Deed or Writing: By fine in Easter term 1688 and by lease and release dated 1th & 16th July 1688, lands being then in claimant seisin and possession by mortgage by lease and release 22nd and 23rd March 1684 Witness to first deed Matthew Cooke & C. and to the last Walter Butler;
On What Land: Towns and land of Ballyellen, Cloghnurny and other lands;
Late Proprietor: Dudley Bagnall Esq.;
Observations: Allowed and referred.
4. Claimant: Wm Cooke, Gent;
Estate/Interests Claimed: Estate fee;
By What Deed or Writing: By lease and release from Lord Galmoy dated 22nd and 23rd March 1684. Witness Walter Butler & C and by fine in Easter Term and by lease and release Wit by Matthew Cooke, Terence O’Donnell &C;
On What Land: Moiety of Killmullapoge;
Late Proprietor: Lord Galmoy;
Observations: Allowed 61 per annum out of land of Kilmallapoge.
(NB Observations were written, we understand by or for the trustees, on the margin of the book from which these extracts were made. Spelling as seen in the book.)
The Period after the Treaty of Limerick in 1691- Arrests; Attainders; Forfeitures
An order for the arrest of RC officers was issued in 1693:
A letter from Viscount Sydney to the Earl of Nottingham dated January 23 1693 stated: [7]
I herewith send you a list of such popish officers and the number of priests that were by a late general Order in Council taken within the provinces of Leinster and Ulster, whereby you can compare them one with another. The returns are not yet made for the other two provinces of Minster and Connaught, but as soon as they are I will send you a like list of them. This late general seizure was occasioned upon some apprehensions we had of a French descent upon this kingdom, but as those apprehensions are now blown over, or in a great manner lessened, the persons who were imprisoned are now set at liberty upon giving security for their good behavior and promising to come forth when required, only excepting the regular clergy, who are still imprisoned till His Majesty’s pleasure be known in relation to them, and for this purpose I send your lordships copies of a report form a Committee of the Council appointed to consider what may be fit to be done with the regular priests and of the Board’s concurrence with the said report, which I desire you will lay before the King and let me know how he will have the regular clergy dealt with. The state of this matter and the methods formerly used to drive them out of this kingdom are fully set forth in the said report.
A List of such Roman Catholic Officers as have been taken up by virtue of the late General Order, dated the 17th day of December 1692.
Dublin:… Colonel Walter Butler… 68 officers, 35 priests
Lord Meath’s Liberty… 3 officers
Queen’s County… 3 officers and 2 priests
Roscommon… 7 officers 5 priests
King’s County… 26 officers, 4 priests
Kilkenny… (including Col Toby Mathew) 7 officers, 13 priests
Tyrone… 17 officers, 5 priests
Mayo…30 officers, 4 priests
Tipperary.. (including Butlers of Banshea, Doracloghin and Kilmatohir, all absconded), 43 officers, besides several names not known; 7 priests absconded; and all the priests of Upper Ormond; 4 priests taken up.
Kildare…15 officers, 2 priests
Dublin County…20 officers, 8 priests
Wicklow… 5 priests
Part of the Articles of the Treaty of Limerick, specifically referred to one of the rebel officers, Colonel John Browne. In 1695, his property was subject to a petition [8]:
The petition of Sir Thomas Hacket, knight, and Colonel Dudley Colcough in behalf of themselves and Gregory Byrne, Francis Coghlan, Garrett Moore, Walter Butler, Edmund Nugent, Robert Cusack, H. Netterville, Maurice Bermingham, Patrick Bellas, John Coghlan, Christopher Pippard and Thomas Warren dated 14 November (1695) showing that for ascertaining each man’s proportion of the money certified by Major-General Sarsfield (commonly called Lord Lucan), to the value of the effects taken from Colonel John Browne, in order to satisfy his protestant creditors, pursuant to the Articles of Limerick, all the claimants now before you, a very few excepted, have consented to secure and pay to Sir John Topham, in trust for the said creditors, the value of one year’s quit-rent out of their respective estates to be paid by half yearly payments in two years… etc.
In February 1703, the House of Lords debated the Irish Forfeitures Bill, [9] entitled, “An Act for advancing the Sale of the Forfeited Estates in Ireland and for vesting such as remain unsold by the present Trustees in Her Majesty, Her Heirs and Successors, for such Uses as the same were before vested in the said Trustees; and for the more effectual selling and setting the said Estates to Protestants; and for explaining the several Acts relating to the Lord Bophin and Sir Redmond Everard.” (NB Sir Redmond Everard was related to the Butlers of Ormonde and Cahir by marriage.)
“Ordered, that the said Bill be committed to a Committee of the whole House. Then, it being proposed, “That the House be now put into a Committee upon this Bill;” And Debate there upon: The Question was put, “Whether this House shall be now put into a Committee upon this Bill?” It was Resolved in the Affirmative. Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill. After some Time, the House was resumed. And the Lord Viscount Longueville reported, “That the Committee had gone through the said Bill; and think fit to pass, without any Amendment.”
BUTLER’S BILL: Upon reading the Petition of Walter Butler; praying to be heard; by his Counsel, in relation to the Bill abovementioned: It is ORDERED, That the Petitioner shall be heard; as desired, by One Counsel, To-morrow, after the Hearing upon Mr. Whitacker’s Bill. Adjourn.”
Butler’s Bill referred to, was a Memorial written by Walter Butler Senior re a claim for debts by his step-son Lord Galmoy against his “forfeited estate”.
This document is “a petition relating to the disallowance by the trustees for forfeited estates in Ireland of proofs of debt brought by Butler against the forfeited estate of Viscount Galmoy” in the year 1703.”
The document from the Records of the Parliament Office, House of Lords Journal Office; Main Papers 1700-1718- Item- Sale of the Forfeited Estates in Ireland Act [10]- b) 25 February- Petition of Walter Butler.
The reference book “The Manuscripts of the House of Lords, 1702-1704” [11] has the description:
1703-25 Feb. Petition of Walter Butler, Esq. Petitioner exhibited his claim before the trustees for sale of the forfeited estates in Ireland for several debts due to him from Pierce (Piers), Lord Viscount Galmoy, and secured by fines and deeds leading the uses thereof on part of his Lordship’s estate. The Trustees, at the hearing, conceived some doubt as to some of the debts, though all the moneys were mentioned in the deeds to be proper debts of Ld. Galmoy, allowed Petitioner further time to satisfy them on that point, and appointed the Cause to be re-examined after all the other claims should be heard; but being taken up in hearing these till the very last instant of time allowed them for that purpose, they could not well hear the new proofs, which Petitioner was ready to make. Prays that a clause may be added for empowering the Trustees to hear the further allegations and proofs. Signed by Petitioner. Endorsed as read this day. Counsel called for, but none appeared. MS Min, L.J. xvii. 317
The following is the transcript of the document:
To the Right Honorable the Lords Spirituall and Temporall in Parliament Assembled
The Humble Petition of Walter Butler Esq.
Shewith
That your Petitioner exhibited his Claim before the Trustees for Sale of the forfeited Estates of Ireland for severall debts due to him from Pierce Lord Viscount Galmoy, and which were secured by James, and Deeds lending (or leading?) the uses thereof on part of the Lord Galmoy’s Estate.
That the said Trustees at the hearing of the said Claim Conceived some doubt as to some of the said debts, tho’ all the said sumes were mentioned in the said Deeds to be the proper debts of the said Lord Galmoy, and thought fitt to allow the said Walter your Petitioner longer time in order to give them greater satisfaction in those particulars, and appointed the said Cause to be re-examined after all the other Claimes should be heard.
That the said Trustees were taken up in hearing the other Claimes till the verie last instant of time allowed them for that purpose so that they could not well hear the new proofs, which your Petitioner was ready to make of the Reality of those debts. May it therefore please your Lordships to Impower and Require the said Trustees by a clause in the bill for advancing the sale of the forfeited Estates, or in any other bill now before your Lordships to hear the further allegations and proofs which your Petitioner shall make in and concerning the promises (?), and thereupon to make such order as to them in their Discretions shall seem Reasonable or to leave your Petitioner to due Course of Law, or any other Relief that your Lordships shall think proper.
And your Petitioner shall pray
The following day, the 26th February: the Question was put to the House, “Whether this Bill shall pass?” It was resolved in the Affirmative. “ORDERED, The Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.”
Therefore, Walter, obviously, was denied his appeal. His Petition for a claim for payment for debts owed him by his stepson Lord Galmoy, against Lord Galmoy’s forfeited estates must have been an attempt to salvage some of the value of his stepson’s forfeited estates, some of which were under mortgage to Walter.
A list of Forfeitures undermentioned in the County of Wicklow and Wexford consisting of the Farms and Lands following will be exposed to Sale at Chichester House, Dublin, on Saturday the 17th Day of April 1703. By cant to the best Bidder [12]:
Late Proprietor: Lord Golmoy (sic)
No. 15 to 22
Denominations: Bantry Barony:
Grange; 1297 acres; in the parish of Killauny (Killann near Rathnure) distant from Enniscorthy 5 miles, on it 5 cabbins, it is Course Mountainy Farms, with some Arable
Garane Mullanetunny, and part of Glanglass; 764 acres; same parish and situation, is arable meadow and pasture, on it a Farm House and 9 Cabbins
Rathnure; 495 acres; same parish and situation, is Arable Medow and Pasture, some Boggy, on it 3 Cabbins
Rathduffe and Rathfenton; 758 acres; same parish and situation, is Arable Medow and Mountain pasture, on it 9 cabbins- same situation and quantity on both
Killonron and Uskinviller; 463 acres; same parish and situation, is Arable and Heathy Furzy Pasture and 5 Cabbins- same for both
Coolcane, part of Glanglass and Grenane;1154 acres; same parish and situation, is Arable Medow and Course Pasture.
Total yearly rent 1702: ₤321.5.6
Rent value per annum: ₤450
Neat Value to be Set up at: ₤6300
Tenants Names: Coll. Walter Butler
Estate or Interest Claim’d and Allowd: (this is handwritten and barely decipherable); it starts Allowed to _____ Butler____ (rest unreadable)
The Forfeitures list for County Kilkenny for Lord 'Gillmoy' (sic), is extensive, and lists 19 properties in Gowran Barony and Galmoy Barony, four of which name the tenant as Coll. Walter Butler, viz.
Moninetinlay; 443 acres; yearly rent ₤25.12.6; real value per annum ₤33; neat value to be set up at: ₤474.16.3; descript:In the parish of Grange, arable and mountain pasture, on it 5 cabbins, distance from Kilkenny 7 miles. Allowed to William Cooke several judgements whereon there is due for Principal Interests and Costs to 24th Dec 1701, the sum of ₤1221.5s.8d half penny with the accrewing interest of ₤585.16s.9d half penny from that day at the rate 10 per cent per ann. till paid on the whole estate.
Ballyogen, Brandon Hill and Coolroe: 606, 726, 582 acres respectively; yearly rent ₤97; real value ₤32, ₤18, ₤45 each = ₤95;Neat value to be Set up at: ₤464.10, ₤261, ₤653; Ballyogen in the parish of Grange, arable medow and mountain pasture, on it 9 cabbins, distance from Carlow 11 miles, from Kilkenny 11 miles and from Grange Church 1 mile. Brandon Hill and Coolroe in same parish, arable and mountain pasture, on it 10 cabbins, distance as above.
Part of Barnavadeen: 43 acres; yearly rent: ₤5.2.6; real value pa. ₤6; Neat value etc: ₤86.11.3; In Parish of Grange, arable and course pasture, on it 1 cabbin, distance from Church Mill and Market of Grange 1 mile.
There do not appear to be any claims on these four properties, although the property preceding these was “allowed to Matthew Ford, 2 judgements each for ₤1200 for Counter securing the Claimant, against several Judgements entered into by him with Lord Gillmoy, on the whole estate.” Whether that encompassed the following properties is unclear.
The extensive debt revealed above, owed to William Cooke, would explain Walter’s motivation in attempting to recover that debt as shown in the following petition.
The following document dated c. 1705, gives great detail about Colonel Walter Butler’s efforts to prove his claims to Galmoy’s estates. It also shows that it appears to have been a deliberate attempt by the Trustees of Claims to thwart Walter’s claims in order to prevent Galmoy reclaiming his due wealth.
The Case of Collonel Walter Butler, of Munphin,
in the County of Wexford, in the Kingdom of Ireland. [n.p], [1705?] [13]
(University of London- presented by the Worshipful Company of Goldsmiths 1903)
The said Walter Butler, who had Married the late Lord Galmoy’s Mother, by reason of that Relation, became Bound, with and for him, in several Sums of Mony, for which he was not Counter-secur’d at first; but afterwards, upon the Lady Galmoy’s going out of Ireland for Recovery of her Health, in the beginning of the Year 1688, the said Walter Butler, desir’d the said Lord to Counter-secure him; and thereupon, the said Lord and his Lady, levied Finesto the said Colonel, and did by Deeds drawn by the Advice of the now Lord Chief Justice Doyne, and Sir Theobald Butler, in the Month of May 1688, Convey several Lands, Tenements and Hereditaments, in the said Fines contain’d, to the said Colonel and his Heirs, upon Trust, to permit and suffer the said Lord Galmoy, and his Heirs, to receive the Rents thereof, until the said Colonel, his Heirs, Executors or Administrators, Goods or Chattels, Lands or Tenements, should be Sued, Molested, Impleaded, Extended, taken in Execution, or Damnify’d by reason of any Debt, wherein he was then Bound, or should thereafter be Bound, for the said Lord Galmoy, pro nt(?) Deeds. The said Colonel being in Dublin, far from his Dwelling-house, where all his Papers and Accounts were, and not having timely Notice to settle the said Accounts, and have all the Debts particularly incerted and mentioned in the said Deed; There was therefore a Covenant therein, that the said Lands were to be liable, not only for the Debts therein incerted, but also for all other Debts, that should appear by Writing under his Lordships Hand and Seal, Attested by two credible Witnesses, to be taken up at his Lordships Instance, or for his Use, and after that the said Trust to cease: And the said Walter Butler, his Heirs and Assigns, to enjoy the said Lands, and receive the Profits thereof, ‘till the said Lord Viscount, his Heirs, Executors or Administrators, should pay all the said Debts, with Costs and Damages.
In some short time after, the said Colonel Butler, settled Accounts with the said Lord Galmoy, and thereupon the said Lord, by Deed under his Hand and Seal, dated the 21st of October 1688, (reciting all the Debts which the said Walter Butler had Paid, or been Bound in for him, declar’d them to be his proper Debts, and that the Lands in the said Fine and Deed were to stand charged with them:
The said Walter Butler was adjudg’d within the Articles of Limerick; And the said Lord’s estate being Seiz’d into their then Majesties Hands, upon Account of the said Lord’s Attainder, for the late Rebellion; the said Colonel applied to the then Lords Justices of Ireland, and produc’d the said Fines and Deeds to them; and upon his Petition, the same were referr’d to their Majesties Council, who Examin’d the Matter; and being satisfy’d of the reality and truth thereof, Ordered, The said Deed of the Month of May, 1688 to be enrolled in the Exchequer, which was accordingly done in Michaelmas Term, 1691 (and was also afterwards found and allow’d on several Inquisitions) and the said Colonel Butler, was by the Order of the then Lord Justices of Ireland, in the Year 1691 put into the Possession of such part of the said Lands comprised in the said Deeds, as were not in the Hands of prior Incumbrances, and so continued ‘till the Irish Forfeitures were by the late Act of Parliament, made in England, vested in certain Trustees for the Sale thereof.
The said Colonel Butler, tho’ he might have insisted on the Clause in the said Act, which confirm’d his said Adjucation; yet relying upon the former Examination of the said Debts and Order thereon, he enter’d his Claim for the said Debts, before the said Trustees, Numbered 3082, which, thro’ the Multitude of other Claims entered before his, did not in source come to be heard before them, ‘till the 11th Day of November 1701. And it consisting of many Particulars, the said Trustees did not go thorow with it ‘till the next day, tho’ all the said Sums, were declar’d by the said Deeds, to be the proper Debts of the said Lord Galmoy; Yet the said Trustees were pleas’d to put the said Colonel to prove by Witnesses, every particular Debt, to be paid to the said Lord Galmoy; Which the said Colonel not expecting, had only some few Witnesses ready to prove some of them, which were allow’d; but for want of Witnesses to prove the rest, they gave the said Colonel time to produce them, upon a Re-hearing after all the other Claims, which were subsequent to his, should be heard.
The time Limited for the said Trustees hearing of Claims, expiring on the 14th Day of March 1701 the said Colonel Butler fearing to be Surpriz’d, mov’d by his Council on his Petition, the 19th Day of March 1701 to Re-hear his said Claim, alledging, that he had then his Witnesses ready to prove all they desir’d; which Petition they referr’d to their Council, to report to them, whether the said Colonel’s Claim ought to be Re-heard: whereupon Thomas Burgh and Roscarrick Dowking, Esquires, two of the Trustees Council, reported, that they conceived it fit to be Re-heard; and thereupon the said Colonel, attended with his Council and Witnesses, all the said 24th Day of March, ‘till 12 at night; but the said Trustees being taken up in hearing of other Claims, who were placed before him in the Paper of Causes, they had not time to hear the Proofs the said Colonel had ready to make out, that the said Debts were all contracted for my Lord Galmoy’s particular Use; And thereupon a Decree Ex Parte, by the said Trustees, was drawn up, disallowing all the said Debts, amounting to 2300l principal Mony, besides Interest and Charges, which the said Colonel had not time to prove as aforesaid; and the said Trustees afterwards Sold the said Lands, discharg’d of the said Debts, for about Twelve Thousand Pounds Sterling, and applied the Mony to the Use of the Publick.
The said Colonel Butler, hath been ever since clog’d with those Debts, and on the 25th March last, was forc’d for discharging them to sell his whole real state, to the value of 800l per annum and upwards, to the utter Ruin of him and his Family.
The said Colonel Butler proposes to procure a Discovery of several undisposed Forfeited Estates and Interests in the Kingdom of Ireland, which have been hitherto Concealed, out of which he may be Satisfy’d the said Sums, so disallow’d by the said Trustees, with great and considerable Advantages to the Publick, over and besides the Discoverers Premium or Proportion.
He therefore humbly Prays, That by an Act, or a Provise (?) to be incerted in some Act, the Commissioners of the Revenue in Ireland for the time being, or any Three of them, may be impower’d to hear and determine the said Colonel Butler’s Proofs, touching the said Sums of Mony, which were disallowed, or rather, left undetermined by the said late Trustees, and to give him full Satisfaction for the same, with Interest and Costs, out of such undisposed Forfeitures, as shall be discovered by him, or by his Procurement, over and besides the Discoverer’s Proportion.
The case above also revealed some other relevant information: that Walter’s wife Eleanor, Lord Galmoy’s mother was described as “late” and therefore had died before the petition; and that Ann Lady Galmoy was ill early in 1688 and subsequently left Ireland for France. She died before 1695; that Walter had been forced to sell his property to the “utter ruin of him and his family”, that he was “adjudged within the Articles of Limerick”, and that he would now claim lands under the dreadful “Discovery Act” [14].
The following newspaper article in 1709 refers to Walter Butler’s plans to sell his property due to the Popery Act. It also reveals another example of Catholic families, (namely the Mathew family, related to Pierce 3rd Viscount Galmoy through his wife Ann Mathew, and sharing kinship with the Ormond line through their shared matriarch, Elizabeth Poyntz) who were increasingly capitulating under the harsh laws and renouncing their Catholic religion:
“The Post Boy” dated Thursday 15 Sept 1709 [15] :
“Dublin, Sept 3. On Sunday was7 (sic?)-Night, George Mathewes, Esq. of Thomas-Town, in the County of Tipperary, on 3000 l. per Annum. Went to the Church of Cashell, in the said County, and renounced the Popish Religion. The Sunday following, he brought his two Sons (being young) and presented them at the Altar, and desired they might be received into Christ’s Church. He has given notice to his Servants, that unless they prepare themselves, and renounce the Popish ___ in 14 days, they shall continue no longer in his service, and has declared, That as his Lands become out of Lease, he will sell the same only to Protestants. Col. Walter Butler, who was in K. James’s Army, and is a Papist, has put out printed Advertisements, That he will sell his Estate in this Kingdom, consisting of above five Thousand Acres of Land, in the County of Wexford, he designing to leave the Kingdom, upon account of the late Act against Popery: And ‘tis said, Abundance of the Popish Gentry and Common__ will go out of this Kingdom. Several of the Papists are turning Quakers, to prevent Swearing, as the Act directs.”
This article indicates that Walter had by that time, increased his land holdings considerably, from a few hundred acres to more than five thousand, in the Baronies of Bantry and Scarawalsh.
The following Deed showed that Walter did sell a considerable part of
his estate, totalling 3,318 acres plantation measure, to Joseph Damer of Dublin:
The Registry of Deeds (Index Project, Vol.3 p.361
Deed No. 1067 - Registered Date 24 March 1709
Walter Butler to Joseph Damer
A Memorial of Deeds of Lease and release, bearing date respectively the
21st and 22nd days of March in the Year of Our Lord, One
Thousand Seven Hundred and Nine, made between Walter Butler of Munphin in the County of Wexford
Esq. of the one part and Joseph Damer of the City of Dublin of the other part. Whereby the said Walter Butler for and
in consideration of the sum of Four Thousand Eight Hundred Pounds Sterling
in the said Deed of Release mentioned to be paid to him by the said Joseph
Damer, hath granted sold and conveyed unto the said Joseph Damer his Heires and
Assigns forever, All that and those the Townes and Lands herein aftermentioned,
viz., the Townland Lands of Ballymore, Carraghnegree, Ballycristle and Corogebegg
containing by estimation Five hundred and ninety six acres profitable Land
Plantation measure, Ballynevorchran and Killenure, containing by
estimation Two Hundred Eighty Three Acres profitable Land Plantation measure, Carraneroe
containing by Estimation Eight Hundred and Thirty Acres profitable Land
Plantation measure, Tomgarrow, Coolegarry, Munphin and Ballyouffe
containing by estimation One Thousand Two Hundred and Seventy Nine Acres
profitable Land Plantation measure, Ballynahallin One Hundred Eighty Six
Acres Profitable Land Plantation measure. In Ballynekill and Ballymackwilliamroe
Thirty Eight Acres Two Roods and Sixteen perches Profitable Land Plantation
measure, in Ballyhumblety and Knockoouff One Hundred and Fourteen acres
profitable land Plantation measure, All Situate lying and being in the Barony
of Skarywalsh and County of Wexford aforesaid, And also all that and those the
town and Lands of Rathturteen containing by Estimation Five Hundred
Acres profitable land Plantation Measure, situate lying and being in the
Barony of Bantry in the said County of Wexford.
The document was signed by Walter Butler in the presence of Sir Theobald
Butler of Dublin Knt, Thomas Connor of Dublin Gent, and Thomas Cooke Public
Notary of Dublin.
Map of NW Barony of Scarawalsh- Walter Butler's lands marked with *
While the Deed revealed that Walter sold the acreage around his estate
of Munphin, for the considerable sum of £4,800, he must have retained his House
of Munphin, as his Will (BTR No.305) still described him as ‘of Munphin’, his
granddaughter is said to have been born at Munphin in 1718, and his daughter-in-law’s
mother Mary Long nee Keightley was described as living there in 1715. His son,
Col Walter Butler also continued to be named as ‘of Munphin’.
However,
under the Penal Acts passed by the Parliament of Queen Anne, Catholics were not
permitted to inherit lands from their Catholic father, and, given Walter was in
his seventies, this must have played on his mind in his decision to sell up the
family lands.
The
following year, 1710, a mortgage transaction was recorded in the Registry of Deeds: (Vol. 8,
p.49)
No.1749- Registered
date 11 January 1710
Butler to Damer
A
Memorial of a Deed of Mortgage indented bearing date the 9th
day of January, One Thousand Seven Hundred and Ten made between Walter
Butler of Mumphin in the County of Wexford Esq of the one part and Joseph
Damer of the other part. Whereby the said Walter Butler for and in
Consideration of the sum of Five Hundred Pounds Sterling To him in hand
paid at and before the Ensealing and Delivery of the said Deed hath given
Granted and Bargained Sold Released Transferred Assigned and Made over unto the
said Joseph Damer All those the Townes, Lands, Tenements and
Hereditaments viz. Monighhore als Monyhore,
Templescoby, Billygillisney als Ballygrillstowne, Cloghassey als Cloghashand, Davidstowne, Forty six
acres of land more or less in the Townes of Ballybane
and Ballyknockane and Seventy acres
of land more or less lying and being in the Towne and Lands of Courinecud als Curnecuddy with all Castles, Woods,
Underwoods, Rights, Members and Appurtances thereunto belonging situate lying
and being in the Barony of Bantry and County of Wexford aforesaid.
Also all those the townes and Lands of Tomgarrow, Ballyphillip, Coolattin, the two Lower Moyades, Killmackdermotroe,
Cashelmore, Mullanasmeare, the Third part of Killanure, Killcullin, Culknockbeg, Ballyturner and Tomnenoule
with their and every of their Rights Members and Appurtances situate lying and being
in the Barony of Scarrywelsh and County of Wexford aforesaid the said
last mentioned Lands being in the Actuall possession of the said Joseph Damer
by virtue of a Bargain and Sale to him thereof made for one year by the said
Walter Butler of Indenture bearing date the day next before the date of the said
Deed and by force of the Statute for Transferring Uses into Possession. And
the Revertion and Revertions Remaining and Remainders thereof and all the
Estate Interests term and Terms to come and Unexpired, Rights and Benefits of
Renewall property Claim Challenge and Demand whatsoever of him the said Walter
Butler his Heires, Executors and Administrators respectively of in and to all
and every the said thereby Granted Towns Lands and Premises by virtue of the
Severall Leafes recited in the said Mortgage or otherwise howsoever, together
with the said Leases and all other Lease Counterparts of Leases and writings
whatsoever relating to the Premises To have and to hold the said Townes and
Lands of Monighore als Monyhore, Templescoby, Billygillisney als
Ballygillstowne, Cloghassey als Clohash and Davidstowne, Forty six acres in
Ballybane and Ballyknockan and Seventy acres in Courtnecud als Curnecuddy with
the Castles Woods Underwoods and Appurtances thereunto belonging unto the said
Joseph Damer his Executors, Administrators and Assignes from thenceforth for
and during all the Rest Residue and Remainder of the Term of Two Thousand years
in and by the first of the said Recited Leases granted (which Term by the said Lease
commenced on the first day of April One Thousand Six Hundred and Sixty Seven)
Yet to Come and unexpired at and under the Yearly Rent and Covenants in the
said Lease reserved and Contained and to have and to hold the said Townes and
Lands of Tomgarrow, Ballyphillip Coolattin, The Two Lowes Moyadyes, Kilmackdermotroe,
Cashellmore, Mullanasmeare, the Third part of Killanure, Killcullin,
Culknockbeg, Ballyturner and Tomnenoule with their and every of their Rights
Members and Appurtances unto the said Joseph Damer his Heires and Assignes to
the only use and behoof of him the aid Joseph Damer his Heires and Assignes
forever, at and under the Severall and Respective Yearly Rents, Fines for
renewal Covenants and Agreements in the therein recited Leases for Lives
reserved mentioned and Contained, And by the said Deed of Mortgage the said
Walter Butler for the Consideration aforesaid hath granted bargained and sold
unto the said Joseph Damer All Woods, Underwoods Roots and Stumps of Trees now
growing Standing lying or being in or upon all those the townes and Lands
hereinafter mentioned viz. Ballymore, Curraghnegree, Ballycristle, Clorogebegg,
Ballynevorchain, Killenure, Carraneroe, Tomgarrow, Coolegarry, Munphin, part of Ballyhumblety and Knockduff all
Situate lying and being in the Barony of Scaryywelsh and County of Wexford
aforesaid and Rathurteen Situate in the Barony of Bantry in the said
County of Wexford, together with full and free Liberty for the aid Joseph Damer
his Executors, Administrators or Assignes with workmen Horses and Carriages to
cut down fell Strip Barke, saw Square, dig Stubbup Cord Coal and Carry away all
and every the said Woods Underwoods Roots and Stumps of Trees, and to make
Charcoal and Saw Pitts and Build and use Bark Mills upon any part of the said
Lands and to cut and dig Sodds and Earth for making charcoal and Slack and to
do all other things necessary in about the same To have and to hold the said
Woods Underwoods Libertys and Privileges and all other the Premises unto the
said Joseph Damer his Executors, administrators and Assignes from the 25th
day of December last past before the date thereof for and During and until the
full End and Term of Thirty Years and a Quarter of a year from thence next
ensuing and fully to be completed and Ended. Redeemable by a Proviso in
the said Deed of mortgage contained on Payment of Five Hundred Pounds and
Interest to the said Joseph Damer his Heires, Executors, Administrators,
Assignes on the Nineth day of July next ensuing, Which said Deed of Mortgage
was perfected by the said Walter Butler the aforesaid, 9th of July
One Thousand and Seven Hundred and Ten, in presence of Thomas Connor of
Dublin Gent, John Cooke Clerke to Mr Thomas Cooke Dublin Notary in the said
City and of him the said Thomas Cooke, Signed Wa Butler.
Map of Barony of Bantry- Walter Butler's lands marked with *, including family seat of Moneyhore
(Father, Pierce Butler's seat of Clough & Wilton Castle/Cloghnageragh/Kayer marked with *)
The lands
in the Barony of Bantry listed in the above Deed of Mortgage, were lands
inherited from Walter's father Pierce Butler of Kayer, confiscated during the Interregnum, which, following the
restoration of King Charles II, were, according to this document, leased back
to the family in 1667 for two thousand years. As the townlands named, such as
Moneyhore and Templescoby, Cloghass, Davidstown, etc., were listed in the 1677 Will
of Walter’s elder brother Edward Butler of Moneyhore, one could assume that
Edward’s heirs were now deceased without issue, and they had reverted to Walter.
Map of Scarawalsh- lands of Walter Butler of Munphin
( Munphin and Sroughmore marked with *)
The Deed
also refers to the previous Deed in 1709, to several lands in the Barony of Scarawalsh,
and now transfers the right to all woods, trees, timber etc on those lands to
Damer for the period of 30 years, redeemable on repayment of the £500 and
interest within a year.The year following Walter Butler's death in 1717, there is another Memorial No.11992 , dated 25th and 26th August 1718 (registered date 14 October 1718- Registry of Deeds, Vol. 22, p.272) in which these same lands now held by Joseph Damer were sold to Elizabeth Bridges, in a "quadripartite agreement made between the
said Joseph Damer of the First part, the said James Butler of the Second part,
Elizabeth Bridges of the Third part, and
Coll. Walter Butler of Munphin in the County of Wexford Mary his Wife and Mary
Long of the said City of Dublin Widow of the Fourth Part", which implies that the family continued to hold part ownership of these leases held from Col. Edward Kenny dating back from 1696.
The said "Release Reciting that Coll Edward Kenny of Co Cork and Frances his wife did by their Deed dated 10 April 1696, demise and sett all those towns and lands of Tomgarrow and Ballyphillip unto Coll Walter Butler of Munphin deceased Father of the said Walter Butler and his heirs for and during the lives of Casesar Colclough son to Dudley Colclough Esq., Anthony Colclough son to Caesar Colclough Esq., and Richard Kenny son to the said Edward Kenny and Survivors of them with a covenant for renewables forever at the yearly rent of twenty eight pound sterling; and reciting that the said Kenny and Frances his wife did by another Deed dated 1 October 1700 demise and set all the town and lands of Coolattin, the two Lower Moyadges, Killmaedermottroe, Cashellmore, Mullanesmore and the third part of Killenure unto the said Walter Butler and his heirs for and during the said three lives with a covenant for renewables forever at the yearly rent of forty pounds sterling with a saving therein for a lease them in being for 21 years which did commence 25 March 1692 at the yearly rent of forty pounds sterling; and reciting that the said Kenny did but one other Deed dated 27 November 1700 demise and set the towns and lands of Ballyturner and Tomnenoule unto the same Walter Butler and his heirs for and during the said three lives at the yearly rent of thirteen pound sterling; that
the said Edward Kenny and Frances his Wife did as of Trinity(?) Term in the
third year of the Reign of our late Sovereign Queen Ann Levy a Fine of al and
singular the said Premises in the said several recited leases mentioned
according to Law and Reciting that the said Edward Kenny and Frances his Wife
did by their Deed bearing date the 1st day of May One Thousand Seven
Hundred and Eight declare that the Fine so levyed was to be and ensure to the
only use and benefit of him the said Walter Butler Since deceased for and
during the life Continuance of his said Estates and Interests in and to the
premises by virtue of the said Several before recited Leases and Reciting that
the said Walter Butler the Father being Seized of the said Several Lands and
Premises in the said Several Recited Leases mentioned by Deeds of Lease and
Release dated the 8th and 9th days of January One
Thousand Seven Hundred and ten did (inter alia) Grant Assign and make over all
those the before mentioned Towns Lands and Premises in and by the said several
recited Leases granted to him the aid Walter Butler as aforesaid with their and
every of their Appurtances as also the said Severall Leases unto the said
Joseph Damer his Heirs and Assigns To have and to hold all and singular the
said premises Together with their and every of their Rights members and
Appurtances as also all his the said Walter Butlers Estate, Interest Term and
Terms then to come and unexpired Right and benefit of renewal Property Claim
Challenge and Demand whatsoever of in & to all and Singular the said
Premises unto the said Joseph Damer his Heirs Assigns for ever At & under
the several and respective yearly rents fines for Renewall Covenant and
Agreements in the said several recited Leases for Lives reserved and Contained
with and under a proviso or Condition of redemption on payment of a certain sum
in the said Deed of Release mentioned at or upon the 9th day of July
next after the date thereof and reciting that the said Walter Butler the
Father did make his last Will and testament dated in or about the 7th
day of September One Thousand Seven Hundred and Seventeen
whereby he constituted and appointed the said James Butler his sole Executor
and did thereby order that the said James Butler should together with the said
Joseph Damer sell and dispose of the said Severall Leases and with the money
arising by such a sale to pay and satisfy the debts due from him to the said
Damer in the First place and afterwards to Apply the remaining part thereof to
such uses and trusts as in the said will mentioned and also reciting that the
said Joseph Damer and the said James Butler by the said Will and not otherwise
have by and with the Consent of the said Coll Walter Butler, Mary his wife and
Mary Long testified by their being party to and signing and sealing the said
first mentioned Release Agreed to Sell the said several Leases unto the said
Elizabeth Bridges.
The said First mentioned Release witnessed that for & in Consideration
of the Sum of Two Thousand Four Hundred Eighty Five Pounds Four Shillings
Sterling lawfull money of Great Britain by the said Elizabeth Bridges to the
said Joseph Damer in hand paid and of the Sum of Ten shillings of like money by
the said Elizabeth Bridges to the said James Butler in hand likewise paid
before the Execution of the said release the Receipt of which said several Sums
they the said Joseph Damer and James Butler have (by and with the P. Consent
testified as aforesaid) Granted bargained Sold Aliened Released and Confirmed
unto her the said Elizabeth Bridges in her actual Possession being by virtue of
the first before mentioned Bargain and Sale for a Year All that and those the
said Townes Lands Tenements and Hereditaments (as named), etc. etc.
This
Memorial revealed that, following the sale of these properties to Elizabeth Bridges, and the payment
to Damer for the due debt, only the sum of ten shillings was due to James
Butler as Executor of the Will. The link with the Colclough family in two of these leases of Tomgarrow and Ballyphillip to Walter Butler, is of interest. Caesar
Colclough would lease lands at Shroughmore to Walter Butler Jnr following the loss
of these lands after the death of his father, cementing a long held close relationship between the Colclough family and the Butlers of Wexford.
A second Memorial of the same date, 25th and 26th August 1718 (Registry of Deeds, No. 11993, vol. 21, p.413), made
between Joseph Damer of the City of Dublin Esq. of the one part and
Elizabeth Bridges of the City of London Spinster of the other part and the
Release being Quadripartite and made between the said Joseph Damer of the First
part James Butler now of Garryhundon in the County of Catherlogh Esq of the
Second part the said Elizabeth Bridges Spinster of the Third Part and Mary Long
of the said City of Dublin Widow and Coll Walter Butler of Mumphin in the
County of Wexford and Mary his Wife of the Fourth Part. By which said
Release the said Joseph Damer by and with consent Direction and approbation of
the said James Butler Mary Long, Coll Walter Butler and Mary his Wife testified
by their being Partys to and signing and sealing the said Release for and in
Consideration of the Sum of Three Thousand Forty Two Pounds Sterling lawfull
money of Great Britain to him the said Joseph Damer in hand paid
before the perfection of the said Deed by the said Elizabeth Bridges the
Receipt of whereof is thereby acknowledged, Hath granted Bargained Sold Aliened
Enfeoffed Released and Confirmed unto the said Elizabeth Bridges (in her actual
possession being by virtue of the before mentioned Lease for a year) All that and
those the Towns and Lands herein after mentioned viz. The Town and Lands of Ballymore, Carraghnegree, Ballycristall and Cloreagebegg containing by estimation Five Hundred Ninety Six
acres profitable Land plantation measure , Ballynevorchran and Killenure containing by estimation Two Hundred Eighty Three
acres profitable Land plantation measure, Carraneroe containing by estimation Eight Hundred
Thirty acres profitable Land plantation measure, Tomgarroe, part of Coolgarry, Munphin, and Ballyduffe containing by estimation One Thousand Two Hundred and
Seventy Nine acres profitable Land plantation measure, Ballynakill and Ballymackwilliamroe
Thirty Eight Acres Two Roods and Sixteen perches profitable land plantation
measure in Ballyhumbletty and Knockduffe One Hundred and Fourteen acres profitable land
plantation measure, all situate lying and being in the Barony of Scarrywalsh and
County of Wexford aforesaid. And also all that and those the Town Lands of Rathurteen containing by common estimation Five
Hundred acres profitable Land plantation measure situate lying and being in the Barony of Bantry in the aid County of Wexford... unto
the said Elizabeth Bridges her Heires and Assigns for ever Saving and Excepting
one yearly Rent Charge of one hundred Pounds issuing and payable out of the
Premises granted by the said Walter Butler Senior unto Isaac Holroyde of the
City of Dublin Merchant and his Heirs forever by Deed Indented dated the 1st
day of July One Thousand Six Hundred Ninety Three as also the several
Leases and Demises mentioned in a Schedule to the said Release annexed which
said Deeds of Lease.etc. Witness John Bowden maketh oath that he saw the above mentioned Deeds of Lease and
Release of which the above writing is a Memorial duly Executed by all the partys
thereto (that is to say) the said Lease by the above named Joseph Damer and the
said Release by the said Joseph Damer, James Butler, Mary Long, Walter Butler and
Mary his Wife, and William Bridges of the City of Dublin Esq. who subscribed the
name and affixed the seal of the above named Elizabeth Bridges by virtue of a
Power from her in the said Deed mentioned and that this Deponent also saw the
above named Joseph Damer duly sign and seal the said Memorial And is a subscribing
witness to the aid Deeds of Lease and
Release and Memorial and Delivered the same to Mr William Barry Deputy
Registrar on the 14th day of October 1718.
Joseph
Damer (c.1630-1720), a land agent and moneylender, was born to a landowning
family in Dorset and Somerset. His career before arrival in Ireland is somewhat
obscure. One author, Hutchin, while disputed by others, said that Damer
commanded a troop of horse under Cromwell, who regarded him highly enough to
send him twice to negotiate with Cardinal Mazarin. On Cromwell’s death, he is
supposed to have gone to France with his friend the English ambassador to the
French Court and to have attended the wedding of Louise XIV in 1660. After the
restoration, he is said to have sold some of his lands in Somerset and Dorset,
and to have purchased estates cheaply in Ireland, based on family tradition. He
appears in 1667 as land agent to Erasmus Smith, a prominent Cromwellian
adventurer who had acquired large estates in Tipperary, where Damer also
acquired large estates of his own and established himself as a moneylender, lending
to other landowners on mortgages, and creating vast wealth. He was known as a
benefactor of Presbyterianism.
Damer is
supposed to have conducted his moneylending business from a tavern in Fishamble
Street in Dublin. A contemporary obituary stated he died worth £340,000, which
may be exaggerated, but his will referred to lands in the cities of Dublin,
Cork and Limerick and in nine counties while one of his nephews received £20,000
in cash. He had a reputation for miserliness, which Jonathan Swift satirized him
for, in an elegy and epitaph published in the month of his death. (Ref: https://www.dib.ie/biography/damer-joseph-a2390,
contributed by John Bergin)
The Index to the Great Britain Parliament House of Commons Journals (Sixteenth Volume 9° and 10° Anne, Parl. 5. Sess. I. A.1710 & 1711) has the following entry:
1710/11- Butler, Walter, Petition relating to Monies disallowed him by the Trustees for Irish Forfeitures, rejected 19 March. [16] So, Walter's fight for his interest in Galmoy's estates, continued, and were rejected yet again.
The persecution of Catholics who were part of King James’s Army, continued for many years following the succession of Queen Anne in 1702, despite the terms of the Treaty of Limerick. In 1708, there were rumours of an impending invasion of Scotland by the Jacobites, whereupon, several of the leading Jacobites in Ireland were arrested and incarcerated. When the threat was unrealized, the gentlemen were released.
The following newspaper report supports this:
“The Post Boy” April 1, 1708 [17]:
“They write from Dublin, of the 1st of April, That there were committed to that Castle, the following Persons, viz, the Earls of Antrim and Fingall, the Lords Tremilistown and Montgarret, Sir Lawrence Esmond, Dennis Daly, (a Judge in King James’s time) Colonels Butler and Westcourt, of Kilcash and Garryricken, and Colonel Walter Butler, Major Mathew, Geo Mathew, ___ Butler of Bellicaget (Ballyragget?) etc.”
A dispute, involving Colonel Walter Butler, was reported in “The Post Boy” Saturday August 22, 1713.
The report indicates that Walter Butler was in London at that time. Once more, Walter Butler is associated with Sir Toby Butler. The article gives a good insight into Walter’s character and paints a picture of a man who appears fair, just and trustworthy.
As it was a long report, the following is a summary [18]:
A dispute developed between a Lucy Butler and a James Hackett (an attorney), both from Ireland but living in Westminster, London. For some unexplained reason, Lucy had sued Sir Lawrence Esmond of Clonegal in the county of Wexford (now in Carlow- ie. Huntington Castle), and had been given judgement of £500 sterling- the Bond executed in trust for a John Butler of whom Lucy was the ‘Relict and Executrix’. The Bond had been filled out by James Hackett. Hackett had then apparently accused Lucy of forging the Bond, which he stated “if the said Lucy Butler had a Bond, it was forged and not a ‘right and just Bond’ and the Bond he had signed was for only £350 sterling”, and had then informed several people in Ireland including Sir Lawrence Esmond of Clonegal, Sir Theobald (als Toby) Butler Knt of Dublin, Colonel Walter Butler of Munphin and several other persons.
Lucy counter-argued that Hackett had ‘filled up and signed the said document, and that she “had often complained to Col Walter Butler of Munphin of the Injuries done thereby to her and to the Memory of her Deceased Husband, and the Prejudice she had received by it in her Suits with Sir Redmond Everard, and the said Sir Lawrence Esmond, as also in the Opinion of several of her Friends”. Col Butler, then ‘charging the said Hackett therewith (for whom he had a Friendship)’, Hackett persisted with his charge. Col Butler suggested that if it proved otherwise, he must beg Mrs Butler’s Pardon and make her due satisfaction by giving it under his hand. They agreed to meet at Lucy Butler’s lodgings in German Street (near St James’s Park and Palace) and met on the 11th June. On viewing the Bond, which Col Walter Butler handed him, Hackett agreed it was his handwriting and signature, and that he was fully convinced of his error in the said matter. At that point, Thomas Butler Esq. Attorney–General to his Grace the Duke of Ormond came into the room and Lucy showed him the document so that ‘he might be able to satisfy and convince several of her Friends and others in Ireland who had been possessed by the said Hackett of the said false and scandalous untruth’. Hacket then directed his friend who had accompanied him, to sit down and write an ‘instrument for him to sign’, acknowledging his mistake. However, on reading the ‘instrument’, he then refused to sign it unless Mrs Butler would give him a ‘general release’. As this came to a general impasse, Hackett then denied he had absolutely owned the ‘filling up’ of the document and said the handwriting and signature was ‘only like his handwriting’, and denied he had promised to sign an ‘Instrument’ before he was fully convinced, and that he was not convinced. Lucy thought it “incumbent on her, and likewise was advised to it by several of her friends, for the clearing of her own reputation, as also that of her deceased Husband’s, from so unjust a calumny and to shew the World what a Man the said James Hackett is, to publish the whole Matter in the publick Prints; the Whole having been made out upon Oath before one of the Masters of the High Court of Chancery”.
The article did not publish the outcome of this dispute.
Lucy Butler was the wife of John Butler of ‘Lincoln’s Inn’, London, therefore, he was in law. He left a will, BTR 226, [19] Date: 17 May 1700; Probate 30th Jan 1706. John was only son of Thomas Butler, son of Edward Butler of Woodingstown, Kilkenny. He left children including a son, not named. His cousin was Kit Butler, and his will mentioned a Dr. Edward Butler of Derreloaskene, Tipperary, and lands at Ballinglas, Balliga and Culminougy. Lucy may have been the sister of Peregrine Butler of Dungarven, Co Waterford, mentioned in his will of 1758, BTR 245, in which he described her as Lucy Butler of London (co-Executrix.) Lucy and her husband were obviously on close personal terms with Walter Butler, Sir Toby Butler, and the Duke’s attorney-general Thomas Butler. (This may be Thomas Butler admitted to The Inner Temple- Inns of Court- on 23/10/1669, described as “Grandson of the Rt. Hon. James, Duke of Ormonde”[20]. Whether this was an illegitimate line is not clear, as there was no legitimate grandson named Thomas.) Notably all of those mentioned in the case- Sir Toby Butler (also on the Inner Temple Admissions Register with both sons James and Jordan), Sir Lawrence Esmonde, Sir Redmond Everard, James Hacket Esq., Thomas Butler Esq., and Walter Butler, were all close relatives of Ormonde.
The James Hackett in question, may be the “Mr Hackett, an Irish gentleman” who purchased the attainted 2nd Duke of Ormonde’s London residence in St James’s Square for ₤7,500. [21] The Hacketts were closely associated with the Ormond family back in Ireland.
German Street, where Lucy had lodgings, and where they all met, is near St James’s Park which is also near St James’s Palace in Westminster.
James Hackett was living in the ‘Bewford’ (viz. Beauford) Buildings just east of Whitehall, but west of the Savoy, near Exchange St and Burleigh St, off the Strand backing on the Thames. Strype describes them as having been built on property formerly belonging to Henry Duke of Beaufort (previously Worcester House), on which “very fair and good houses built, well inhabited, generally by gentry, especially in the part near the Thames which is much broader.”[22] A couple of streets north of this area is the Lincoln Inn Fields which borders Lincoln’s Inn. The houses in this area were inhabited by lawyers, and Lincoln Inn Fields was laid out in 1630, and was the largest public square in London.
In the Irish Court of Chancery, before reforms of the 19th century, proceedings were initiated by a bill of complaint in which the plaintiff complained by it to the Lord Chancellor and prayed relief. When the bill was filed the defendant was subpoenaed to appear, and on his appearance filed an answer. Most of the bills referred to disputes about property of various kinds and attempts to prove ownership.
Records from the Bill Books of Exchequer in Ireland relate to individuals involved in court proceedings between the years 1674-1850. The Exchequer Court of Equity was at the very centre of Ireland's legal system and from the mid-17th century held jurisdiction over financial disputes such as titles of land, debts and wills.
Walter is named as a plaintiff or defendant in numerous cases, often represented by his close friend and solicitor Theobald Butler (viz. Sir Toby Butler who would by appointed Solicitor General by James II, and who negotiated the Treaty of Limerick after their defeat in 1691). They begin as early as 1676, and there are numerous cases during the 1680's and 1690's, examples of which:
Court of Chancery Bill
Books 1672-1677 -Volume 7 p.139- Date 15 April 1675
Piers Ld Visc. Galmoy, Plaintiff
v.
Walter Butler and the Lady Viscountess Dowager of Galmoy, Defts
Court of Chancery Bill
Books 1672-1700, vol.7 p201- Date 10 April 1676
Pierce Ld Visc. Galmoy, Walter Butler & Dame Ellinor, Plaintiffs
v.
Pat Curran & Edmond
Archdeacon, Defts
Equity Exchequer Bill
Books, v.4 p.83- Date 29 Nov 1682
Marcus FitzHenry and Mary
his wife
v.
Walter Butler
(NB.Marcus FitzHenry of
Kilkevan Co Wexford was witness to Walter’s brother Edward Butler’s Will
(BTR70) and, Walter and Edward's sister Katherine was married to a fitzHenry of Mackmine Castle)
There were several cases
involving the fitzHenry’s and Walter Butler
Court of Chancery Bill
Books 1672-1700, v.9 p.173- Date: 28 May 1685
Edmond Butler Esq
(Galmoy’s uncle)
v.
Pierce Ld Visc. Galmoy, Charles McCarthy &
Catherine his wife, Walter Butler
(NB. Walter's wife and Galmoy's mother, Eleanor Lady Galmoy is not named, so probably deceased)
(NB. Charles MacCarthy of Carrignavar co Cork, grandson of Charles/Cormac Mor MacCarthy Lord of Muskerry and Maria Butler; married Catherine Roche d/o David Roche 7th Visc. Fermoy; Charles and son/heir Daniel were active supporters of James II and subsequently their property of Carrignavar confiscated in 1701. Daniel married Elizabeth Mathew, d/o Theobald Mathew (1/2 brother of Duke of Ormond) & Margaret Browne of Thurles; Elizabeth married 1stly Piers Butler 4th Baron Cahir)
Volume 9 p.257- Date 13 Oct 1686
Pierce Ld Visc. Gallmoy, Walter Butler Esq & John Fanning Esq
v.
James Butler & William Butler, Charles McCarthy and Katherine his wife, William Cook and Anne his wife and Dame Mary Hurly
V.11, p.71- Date:14 Aug 1693
Isaac Holyroyd
v.
Walter Butler (+Theobald
Butler solicitor)
V,11, p67- Date: 3 July 1693
Walter Butler Esq
v.
Abell Ram & Andrew
Ramm Esq’s
(viz. large landholders in Gorey,
Wexford, bankers & goldsmiths in Dublin; Sir Abell Ram d.1692, heir named
Abell Ram, philanthropist, MP for Gorey and banker; Andrew Ramm brother of Sir
Abell Ram)
V.11, p.228- Date: 9 May 1695
Walter Butler (+Theobald
Butler solicitor)
v.
Thomas Butler, John Dillon & Roth
V.11, p.237- Date:1 June 1695
Walter Butler Esq.
(+Theobald Butler solicitor)
v.
Robert Dixon & Mary
his wife
(NB. Walter Butler Jnr
would have trouble with Dixon after his father’s death- see later chapter)
V.11, p.306- Date: 4 June 1696
Marcus FitzHenry &
Mary his wife
v.
Walter Butler & M. Redmond
p.81
17 June 1702
Walter Butler Esq
(+Theobald Butler Solicitor)
v. William Parsons
Equity Exchequer Bill
Books, v.13, p215- Date: 13 Nov 1703
James Butler Esq
v.
William Cook
Charles MacCarthy als Mc
Donough (ie son of Donal/Daniel McCarthy of Carrignavar)
Coll Walter Buttler
James Butler
William Butler
Thomas Butler
Pierce Butler and 14
others
Court of Chancery Bill
Books 1672-1700- Date:14 Feb 1703
James fitzHenry
v.
Walter Butler +3
V.13 p.366- Date: 3 April 1705
The Governor and Company
for making Hollow Sword blades in England
v.
Walter Butler (+Theobald
Butler solicitor)
p.216- Date: 13 Feb 1705
Walter Butler Esq
v.
Michael and James
FitzHenry
& Dudley Colclough (of
The Duffry near Monphin in Scarawalsh, Co Wexford; b.1671)
V.14 p.256- Date: 1707
Walter & Richard
Esmond (younger sons of Sir Laurence Esmond 3rd Bt)
v.
Sir Laurence Esmond (3rd Bt)
Dame Lucy (Kavanagh) his
wife
Laurence Esmond Esq (eldest son and heir)
Walter Butler
& 10 Defendants
(NB. Walter Butler was feofee in trust of Sir Laurence Esmond in minority;
Laurence's widow Lucy Esmond nee
Kavanagh would remarry to Richard Butler, brother of Pierce Ld Galmoy)
Date: June 1711
Marcus FitzHenry &
Mary his wife
v.
Walter Butler & 5 others
Date: 22 Dec 1712
John Esmond gent (2nd son and heir of Sir Laurence Esmond 3rd Bt)
v.
Walter Butler
and Sir Lawrence Esmond 3rd Bart (son of Laurence Esmond 2nd Bt and Lucia Butler d/o Col Hon. Richard Butler of Kilcash brother of the Duke of Ormonde)
and Laurence Esmond, Richard Esmond & Walter
Esmond (1st, 3rd and 4th sons -all consecutive heirs of Sir Laurence 3rd Bt)
(Notably Walter Butler was one of the feoffees in trust for Sir Laurence Esmond when a minor in the 1680's)
NB. These were only a few
of the entries, that were of notable interest due to their known relationship
with Walter Butler.
There are several further references to a Walter Butler in the Equity Exchequer Bill
Books [23]:
Equity Exchequer bill books v. 19- v.21,
1714-1719- (LDS- VAULT British Film [2262646]
Equity Exchequer Bill Books 1714-1716 (Volume 19)
1. (Page 6) BILL
29th January 1714
Walter Butler, Pt
v.
Richard Maurice
John Maurice
Thomas Egan &
Martin Shortall
Defts
2. (Page 207) BILL
2 May 1716
Walter Butler, Pt
v.
Pierce Butler &
Elizabeth his wife
Defts
(Could this possibly refer to Walter’s nephew, son of brother Edward, named Pierce, or son of brother James, also Pierce?)
3. Page 215 BILL
9 May 1716
John Grahams, Pt
v.
John Hayes,
Walter Butler,
William Phillips,
Garrett Byrne,*
Daniel Keoghe,
Arthur King,
Garrett Redmond,*
William Mahon,
and Henry Long,
Defts
(NB * Garrett Redmond, of Redmond Hall at The Hook, Wexford, was a witness of Walter’s will.
*Garrett Byrne of Ballymanus, Co Wicklow?, or of Coolgreany- long association with the Butlers)
4. Page 216 BILL
10 May 1716
Edward Jacob
v.
Walter Butler,
Owen Redmond,
Patrick Cogley,*
Bonaventure Kinley,
Thomas Mahon,
and Garrett Redmond,
Defts
(NB * Patrick Cogley and Garrett Redmond witnesses to Walter’s will)
5. Page 252 BILL
16 June 1716
William Thompson
v.
Walter Butler,
Patrick Quigly,
William Sandwith
Henery Archer,
Francis Toplady
Terence Murphy and __ Murphy
Edward Kenney (Colonel)
And Ann Yalldy(?), Defts
(NB. Edward Kenny a neighbour of Walter Butler)
6. Page 278 BILL
July 1716
Eustace Power
v.
Walter Butler,
John Jones,
Patrick Cogley,
William Coming
William Magrath,
Thomas Bulger,
Owen Redmond,
Thomas Byrne,
Denis Patrick,
Jas Byrne
Garrett Redmond
And Pat Cullen,
Defts
7. Page 365
2 March 1716
Walter Butler Esq.
v.
William Wilkinson
Deft
8. Equity Exchequer Bill Books 1717-1718 (Volume 20)
Page 64 BILL
12 July 1717
John Lord Bp (Lord Bishop of Clogher- On Privy Council for Kingdom of Ireland in Oct 1714)[24]
v.
Coll. Walter Butler, (Senior or Junior?)
Deft.
The following bill occurred within a few weeks of the death of Walter Butler Senior, the full transcript of which is discussed in full later on. It relates to a long term lease granted to Eustace Power by Walter Butler, which was now in dispute due to Walter’s death, and the subsequent disposal of Walter’s estate by his executors.
9. Page 98 BILL
19 Nov 1717
Eustace Power
v. Coghlan Co.
Walter Butler Draycott Att
James Butler & 1718 May 7 Doyle Jas. Dory (?) Roberts
Theobald Butler
Defts
(ie. Walter Butler Jnr, Col James Butler of Garryhundon, Sir Theobald als Toby Butler Councillor-at-law- executors to estate of Walter Butler Senior of Munfin)
Walter’s wife Eleanor had died many years before him,
being described in his 1705 petition as “the late Lord Galmoy’s mother”. Butler
historian, Theobald Blake Butler suggested that Eleanor was deceased by 28 May
1685 as she was no longer included in a Chancery Bill of that date, lodged by
her brother-in-law, Edmond Butler, against her son Lord Galmoy, and her husband Walter, whereas
in all previous property disputes within the family, her name was included.
(ref: T. Blake Butler, Genealogy of the Butlers, Vol.7: Galmoy, LDS, FHL British Film 823248- see above)
Colonel Walter Butler Senior died 28th Sept, 1717 and left a will [25]:
BTR 305:- Walter Butler gent. Monphin (Wexford);
Date 27 Sept 1717; Probate 13 Nov 1717.
Son. Colonel Walter.
Daughter-in-law. Mary. (viz. Mary Long of Athelhampton, Dorset)
Grandchildren mentioned, but not by name (although Blake Butler states that Walter’s will has: ‘Grandson and heir Walter Butler’)
Kinsman & Executor: Colonel James Butler of Garryhundone. (Blake Butler also has Sir Theobald Butler Councillor-at-law as a second executor, taken from Exchequer Bill 19 Nov 1717)
Witnesses: Caesar Colclough; James Kavanagh; Garrett Redmund; Patrick Cogly; Bryan Kavanagh.
(NB. the grandchildren were named in Exch Bill 19 Nov 1717, in a case of disputed property following the death of Col Walter- see below .)
Walter’s witnesses give us a clue to his close friends and associates:
Caesar Colcough’s family had a long and closely related relationship with the Butlers of Kayer, and Patrick Colclough Esq. and Walter Butler of Munphin. Walter’s witness was either, Caesar Colclough of Tintern Abbey (1696-1766) grandson of Patrick Colclough of Mochury and the Duffry, or Caesar Colclough of Rosegarland (1660-1726), son of Anthony Colclough of Rathin, and brother-in-law of James Butler of Ballinleg. Both were cousins of Walter Butler’s brother James’s wife Mary Colclough (dau of John Colclough). Most likely Caesar of Tintern Abbey and the Duffrey as it was he who leased land at Shroughmore to Walter Butler Jnr when he lost Munphin.
The Kavanaghs of Borris/ Polmonty, and of Clonmullen, were septs of the powerful family of McMurrough Kavanaghs, descendants of the Kings of Leinster, and again, held a long association with the Butlers of Kayer and Munphin- both Kavanagh families shared kinship with the Butlers.
Col. James Butler of Garryhundon (co. Carlow) was the second son of Thomas Butler 3rd Baronet of Cloghgrennan, and James’s son Richard Butler became the 5th Baronet- descendants of the 9th Earl of Ormond’s son Sir Edmond Butler, who led the Rebellion of 1569. James’s illegitimate son, William Butler, of Ballycooge had a son Richard who settled in Banoge near Gorey in northern Wexford and a daughter Catherine who married a Richard Butler also of Banoge. Walter names James as “kinsman” and the degree of kinship is unknown at this time. They had kinship through their mutual relatives, the Colcloughs; and they were distantly related as descendants of Piers Butler 8th Earl of Ormond,- any closer family ties are unknown. Col. James Butler died in 1723.
Garrett Redmund was from the distinguished Redmund family originally from Redmund Hall at “The Hook” in SW Wexford (which passed into the hands of the Talbot family and became known as Talbot Hall). Garrett and Owen Redmond were named with Walter Butler on several of the aforementioned Chancery Bills.
Sir Theobald Butler Counsellor-at law (better known as Sir Toby) had a close relationship with Walter Butler throughout their lives. Sir Toby died 1720, which explains why Sir James carried on as executor without him. Sir Toby was buried in the graveyard attached to St James’s Church in James’s Street Dublin. It was the largest and most impressive monument in the cemetery. It is now closed and the cemetery is overgrown and the family vault is silted up.
A translation of the Latin on Sir Toby's monument appeared in the Irish Builder, 1877, 19, p15:
This bust is a likeness of Sir Theobald Butler, an Irish lawyer, an honour to the laws, his name and his country, invested, not exalted, with the equestrian dignity. An advocate, judicious, upright, polished, eloquent, excelling in the native and his legal dialect, not in partial justice, not in search of favours, not in flattering language, but in weight of arguments, innate force of genius and a consummate knowledge of the laws. A man whose eloquence, an unsullied faith, gravity tempered with much humour and affability, whom a sincere and virtuous course of life, and a mind the guardian of virtue, segacious to unfold the intricacies of the law, have raised to the summit of fame, and might also, were it not for his religion, have raised him no doubt to that of fortune. He died aged 70 the 11th of March MDCCXX (1721 New Style), inferior only to death. James his eldest son erects this monument to his most worthy father.
(ref: St James Graveyard, Dublin~ History and Associations, St James Graveyard Project, St James Development Association, Dublin 1988 -PDF)
In Penal times, Catholics were forbidden to maintain their own cemeteries and had to use Church of Ireland graveyards. The Church of Ireland graveyard of St James was the one most used by Dublin Catholics such as Sir Toby Butler. Whether Walter Butler was buried there, or in Wexford, maybe near the Abbey in Ferns, or the old Catholic cemetery at Templeshannon, is speculation.
The question of what became of Walter Butler’s estate of Munphin is closely tied up with the circumstances of his only son and heir Walter Junior, and the devastating Penal Laws that were being increasingly introduced to remove the rights of Catholics and reduce their vast landholdings in Ireland.
The Bill dated 19 November 1717, also reveals the exact date of Walter Butler’s death, and the names of his grandsons:
EQUITY AND EXCHEQUER BILL- 19 November 1717
Eustace Power
v.
Walter, James and Theobald Butler (viz., son Walter Jnr, and executors James of Garryhundon and Sir Theobald Councillor-at-law):
Eustace Power of Moyddy Co Wexford, farmer;
Shows that on 3 Nov 1716 he brought a bill of complaint against Walter Butler late of Munfin Co Wexford deceased, and others (named) that Col. Edward Kenny and Frances his wife owned Collatten (etc) in barony of Scarwalsh.
In 1684 Kenny demised lands to Colonel Walter Butler of Munfin Co Wexford, Senior, for life.
Colonel Butler in June 1710 set all farm of Moyedy to Suplt. for 31 years but now Col. Butler confederating with (names) con (?trived) to deprive Suptl. of his Interest. Col. Butler hearing that lease was lost brought action for trespass and on 1st October 1716 caused his steward to enter Suplt.’s farm and drive his cattle to Shurlogh and then to Munfin.
Proceedings- Soon after Butler died 28 September 1717 possessing the premises.
Walter Butler left issue an only son Walter Butler who had two sons viz. Walter and Piers Butler and three daughters.
Walter Butler Senior by his will left Walter Butler his heir as one of executors along with Col James Butler of Garryhundon and Ballintemple and Theobald Butler called Sir Theobald Butler of Dublin Councillor-at-law.
Suplt. begs writ etc.
(NB. Coolatin and Moyeady are a couple of miles north of Munfin along the Slaney River, near Tombrick)
Walter’s death led to a number of Chancery and Equity Exchequer Court cases. The property disputes continued many years after his death as the following cases reveal: [26]
Equity Exchequer Bill Books:
Volume 20, p112
7 December 1717-
James Butler executor of Walter Butler of Munfin
v.
William Wilkinson- Ans 20 Feb 1717/18
Vol. 20 p137
31 January 1717/18-
James Butler executor of Walter Butler
v.
Eustace Power
Edmond Power
Edward Kenny
William Hack
Vol. 21 p97
13 February 1718/19 -Exchequer Bill:
Sir Walter Butler Bt (of Poolestown Co Kilkenny)
v.
Col. Walter Butler
Mary Butler.
Vol. 21, p180
2 May 1718
Eustace Power
v.
James Butler
Edward Kenny
Walter Butler
Mary his wife
Patrick Cogley
John Davys
Ian Purchan(?)
James Cavanagh
Owen Redmond
Garrett Redmond
William Cowming
Owen Conners
(T. Blake Butler- ref. Unknown, but may be the same as above)
8 May 1718 –
Eustace Power
v.
James Butler,
Walter Butler
and Mary his wife.
Vol. 21, p190
10 May 1718-
William Flower Esq.
v.
James Butler
Walter Butler
As we have seen in the Memorials, above, Walter’s estate was ‘conveyed’ to Elizabeth Bridges, signed and sealed by her relation William Bridges, by Power of Attorney. The following document reveals that William Bridges continued to represent Elizabeth:
Equity and Exchange Bill 23 October 1722 (or 1723) [27]
Robert Dixon and Mary his wife
v.
William Bridges
Suplt. Robert Dixon and Mary Dixon also Lambert his wife of Calverstown Co Kildare adminix of her late husband Patrick Lambert late of Domine Co Wexford;
Show that Walter Butler late of Munfin Co Wexford in 1691 executed a Bond to the said Patrick Lambert of £800 payment of a loan of £400 lent by him to said Walter Butler, who neglecting to pay in due course the said Patrick entered judgement against said Butler in 1691 and died in 1695 intestate with__ (? out?) receiving any satisfaction. Suplt’s demanded payments from James Butler executor of said Walter Butler but he insists that Walter Butler (who died 1714 -?) had in his lifetime discharged said debt.
James Butler (the executor) conveyed all the lands which the said Walter Butler had possessed to William Bridges who insists against Suplt said action and who says that Suplt was paid by Walter Butler and that he was given release though such a thing was never mentioned by James Butler his executor. In 1720 Suplts took out judgement against Walter Butler the heir of the said Walter Butler Snr.
Begs answer (etc.)
(NB there is no townland named Domine in Co Wexford. Could this refer to Dunanore near Clough/Kayer, or Dunamore near Old Ross, or Dunsinane near Templescoby?)
William Bridges was appointed a Justice of the Peace for the County of Wexford 23 October 1718. [28]
Notably, a William Bridges died 2 Nov 1790 aged 40, viz, b.1750, and was buried at Templeshanbo. One would assume this was a son or grandson of the above William Bridges.[29] In the Griffiths Valuation c.1853, 327 acres plus 77 acres of wood held in fee of a total of 437 acres of Lower Mountfin/Ballinturner was owned by Rev. Henry B. Bridges, and the house of Mountfin, offices and land comprising 154 acres was valued at £20 buildings and £103 land, total ₤123. One would assume that he was a descendant of William Bridges. Rev. Bridges also owned 330 acres of a total of 345 acres in Mountfin Upper, part of which was a RC chapel and graveyard, value ₤15.
Although the Butlers lost Munphin House and leased lands at nearby Shroghmore from Caesar Colclough, they continued to be referred to as the Butlers of Munphin. Walter Butler's son and heir, also Walter Butler (Junior), led an extraordinary life in exile, and married into the most prominent families in England linked to the royal family by blood. His story will be explored in the next chapters.
© B. A. Butler
Links to all of the chapters in this blog:
Pierce Butler of Kayer Co. Wexford (the elder) c.1540-1599
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch2-pierce-butler.html
Edward Butler of Kayer Co. Wexford, 1577-1628
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch-3-edward-butler.html
Pierce Butler of Kayer and Moneyhore (the younger), c.1600-1652, Part I
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch-4-pierce-butler.html
Pierce Butler of Kayer and Moneyhore Part II- Pierce Butler's role in the 1642-49 Catholic Confederate Rebellion
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch-5-pierce-butler.html
Pierce Butler of Kayer and Moneyhore Part III- Depositions against Pierce Butler of Kayer on his role in the 1642-49 Catholic Confederate Rebellion
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch-6-pierce-butler.html
Pierce Butler of Kayer and Moneyhore Part IV- Land Ownership by the Butlers in County Wexford
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch-7-pierce-butler.html
Pierce Butler of Kayer and Moneyhore Part V- Pierce Butler and the Cromwellian Confiscations of 1652-56
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch-8-pierce-butler.html
Sons of Pierce Butler of Kayer and Moneyhore- Edward, James, John, & Walter
http://butlerancestryireland.blogspot.com.au/2012/11/butlers-of-co-wexford-ch-9-sons-of-pierce-butler.html
Walter Butler of Munphin, Co. Wexford, c.1640-1717, Part I
http://butlerancestryireland.blogspot.com.au/2012/12/butlers-of-co-wexford-ch-10-walter-butler-of-munphin-pt1.html
Walter Butler of Munphin, Part II
http://butlerancestryireland.blogspot.com.au/2012/12/butlers-of-co-wexford-ch11-walter-butler.html
Walter Butler of Munphin, Part III
http://butlerancestryireland.blogspot.com.au/2012/12/butlers-of-co-wexford-ch12-walter-butler.html
Walter Butler Junior of Munphin (1674-1725) Part I- exile to France in 1690
http://butlerancestryireland.blogspot.com.au/2013/10/butlers-co-wexford-ch13-walter-butler-junior.html
Walter Butler Junior of Munphin (1674-1725) Part II- Military record
http://butlerancestryireland.blogspot.com.au/2013/10/butlers-co-wexford-ch14-walter-butler-junior.html
Walter Butler Junior of Munphin (1674-1725) Part III- Marriage to Mary Long
http://butlerancestryireland.blogspot.com.au/2013/10/butlers-co-wexford-ch15-walter-butler-junior.html
Walter Butler Junior of Munphin (1674-1725) Part IV- Last years
http://butlerancestryireland.blogspot.com.au/2013/10/butlers-co-wexford-ch16-walter-butler-junior.html
Younger sons of Richard 1st Viscount Mountgarrett: John Butler of New Ross, Thomas Butler of Castlecomer, James and Theobald Butler:
http://butlerancestryireland.blogspot.com.au/2014/02/butlers-of-co-wexford-ch17-younger-sons.html
James Butler of Dowganstown and Tullow Co Carlow- 2nd son of Pierce Butler of Kayer (the elder):
http://butlerancestryireland.blogspot.com.au/2014/02/butlers-of-co-wexford-ch18-younger-son.html
Pedigree of Butlers of Ireland, and Ancestry of Butlers of Ireland, and County Wexford:
http://butlerancestryireland.blogspot.com.au/2014/04/the-butler-pedigree.html
The MacRichard Line- Ancestors of the Butlers of Wexford
http://butlerancestryireland.blogspot.com.au/2014/04/ancestry-of-butlers-of-wexford-ch20.html
[1] John D’Alton, Illustrations, Historical & Genealogical of King James’s Irish Army List, pub. Dublin 1855, p 102, 104
[2] Theobald Blake Butler (TBB), Genealogy of the Butlers,-Volume 8, Viscount Mountgarrett and Poolestown, Bart, Chapter- Butler, Viscount Mountgarrett (no page numbers);filmed by the Genealogical Society of Utah (LDS) FHL British Film [873840]. Also Equity & Exchequer Bill Books filmed by the LDS, v 19-v21 (1714-1719) Vault British Film 2262446- Chichester House Claim No 3082; also Claim no 643 and 1972.
[3] (TBB) Repertory of MSS Vols PRO destroyed
[4] Matthew Ford’s (of Coolgreeny, Inch, Co Wexford) wife Margaret Hamilton’s mother was the sister of the Duke of Ormond, and therefore Margaret was cousin to Lord Galmoy’s wife Ann Mathew (dau. of the Duke’s half brother Theoald Mathew).
[5] (TBB) Chichester House claims Nos 643, 1173, 1627, 1972, 2155, 2680, 2723.
[7] SP Ireland 355, No 71 (or 7i) Cal.SP ,Dom, William III, Mary II, Entry No 87, Page No. 15 date Jan 23, 1693 Visc. Sydney to Earl of Nottingham, Place of Writing Dublin Castle
[8] Cal.SP, Dom, William III, Entry No. 506, page no. 102, undated (1695) Petition of Sir Thos Hacket, Kt, and Dudley Colclough etc.
[10] House of Lords: Journal Office: Main Papers 1700-1718: File- Main Papers 1892-1916- ref: HL/PO/JO/10/6/43 date 1 Feb 1703-9 Nov 1703; Item sale of forfeited Estates in Ireland Act- ref HL/PO/JO/10/6/43/1906- date 23 Feb 1703; b) 25 Feb- Petition of Walter Butler- UK Archives- www.a2a.org.uk
[11] The Manuscripts of the House of Lords 1702-1704, vol 5, 1910, pages 218-220
[12] Ireland Trustees for the Sale of the Forfeited Estates, Forfeitures in the (1) cou nty of Wicklow and Wexford, (2) county of Kilkenny, consisting of the farms and lands following, will be expos’d to sale at Chichester-house, Dublin, on (1) Sat 17th day of April 1703, (2)20th day of April 1703. By cant to the best bidder. Dublin 1703, Eighteenth Century Collections online, Gale, National Library of Australia 10 Mar 2010.
[14] The Discovery Bill under the Penal Laws- a discoverer could file a bill in the Court of Chancery against a Catholic with a legally deficient lease, and claim the lease for his own benefit.
[15] The Post Boy, Thursday 15 Sept 1709, issue 2238, British Library Newspaper Burnley Collection
[16] Index to the tenth [to thirty-third] volume. [1688-1772]. [London?], [1772?]. The Making of the Modern World. Gale 2009. Gale, Cengage Learning. National Library of Australia. 23 December 2009 <http://galenet.galegroup.com.rp.nla.gov.au:2048/servlet/MOME?af=RN&ae=U3601575732&srchtp=a&ste=14>
Gale Document Number: U3601575732
[17] The Post Boy, April 1, 1708, British Library Newspaper Burnley Collection
[18] The Post Boy, Saturday August 22, 1713 issue 2854- Advertisements section- British Library Newspaper Burnley Collection
[20] The Inner Temple Admissions Database (online)
[21] John Cornelius O’Callaghan, History of the Irish Brigades in the Service of France, op.cit p411.
[22] John Strype, A Survey of the Cities of London and Westminster, London, 1710 (reprint- 1st pub by John Stow 1598), The Stuart London Project, Humanities Research Institute, University of Sheffield, www.hrionline.ac.uk/strype/TransformServlet
[23] Equity Exchequer Bill Books 1674-1850- Court of Exchequer Ireland; filmed by the Genealogical Society of Utah 2001 (LDS)- Volume 19-21 1714-1719, VAULT British Film [2262646]; 1714-1716 Volume 19, and 1717-1718 Vol 20
[24] Post Man & the Historical Account (London newspaper) Sat Oct 23, 1714 issue 11050- List of Privy Councillors
[25] Butler Testamentary Records No 305 (Butler Society); (TBB) also see Betham Vol 4, page 7 in which Walter Butler’s arms are given; also Exchequer and Equity Court Bill 19 Nov 1717.
[26] Theobald Blake Butler (TBB), Genealogy of the Butlers,-Volume 8, Viscount Mountgarrett and Poolestown, Bart, Chapter- Butler, Viscount Mountgarrett (no page numbers);filmed by the Genealogical Society of Utah (LDS) FHL British Film [873840]. Also Equity & Exchequer Bill Books filmed by the LDS, v 19-v21 (1714-1719) Vault British Film 2262446; And, Chancery Court and Exchequer Bills: Ms. No. 669 Court and Exchequer bills, 1700-1719- FHL British Film [257820 Item 1], filmed by the Genealogical Society of Utah, 1950, 1959 (LDS)
[27] (TBB) Equity and Exchequer Bill dated 23 October 1722 (NB. elsewhere in his “Genealogy..” Vol 8, TBB has the year as 1723) Robert Dixon & Mary v. Wm Bridges.
[28] Joseph P. Swan, The Justices of the Peace for the Co. of Wexford, Source; The Journal of the Royal Society of Antiquaries of Ireland, 5th Series, Vol. 4, No. 1 (Mar, 1894), p65-72, Pub. Royal Soc. of Antiquaries of Ireland, Stable URL: www.jstor.org/stable/25508101
[29] Brian J. Cantwell, Memorials of the Dead, CD., op.cit, p216 St Columns Church of Ireland.