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was left himself by his father ; they to enjoy it so long as they
served him truly and faithfully. His feoffees, after his wife's
death, to stand seized of all the estate in the Queen's county, to
the use of his daughter Margaret and her heirs, until such time as
his brother Fynin, or any other after him, v/ho should be Lord
Baron of Upper-Ossory, should pay to her or them the sum of
200Z. English, and dying September Uth, 1581, (23 Eliz.) at
two o'clock in the afternoon, at the house of William Kelly, sur-
geon, in Dublin, ^ was succeeded by his brother

Fynin, or Florence, the third Lord, December 11th, 1581,
being of full age, as was proved by inquisition 24 Eliz. ; but had
a controversy concerning his legitimacy with Teige Macshane
Macgill Patrick, of Ballygihen in the Queen's county, Gent, then
a poor blind man, who alledged bastardy against him (no uncom-
mon thing at that time), of which he was acquitted by a decree,
dated May 12th, 1607. ' He sat in Sir John Perrot's parliament

k See deposition bill, wherein the said Kelly deposed as above, and that
his Lordship died in Mind.

1 Teige Macshane pretended to be his Lordship's nephew by his younger
brother Shane, who had also another son, Dermot Macshane, who joined with
the rebels, and caused the castle of Ballygihen to be burnt. This allegation
his Lordship was so far from allowing, that he charged the said Shane and
all his sons with bastardy : which Teige denied, and averred himself to be his
heir male lawfully begotten, and born in lawful matrimony by Ellene Butler,
daughter of the Lord Viscount Mountgarret. In answer to this. Lord Upper
Ossory alledged, that the said Shane first married Onory, daughter of O'Doyne
of Iregan, with whom he lived as man and wife a long time, but forsook her
and kept the said Ellene Butler, a bastard and supposed daughter to the said
Lord Mountgarret, and upon her begot the complainant, his supposed son, in
the life-time of the said Onory Doyne his wife. Teige denied this, and
averred thai Onory was never married in face of holy church to his father
Shane, nor was his lawful wife ; but that the said Ellene Butler was his law-
ful wife : and charged that Lord Upper Ossory could no way claim the lands
of Ballygihen, &c. in descent, for that Joan ny CarrouU was wife, and married
in face of holy church to his pretended father Bryan Macgille Patrick, during
which intermarriage in the life of the said Joan, Florence was born of thr
body of Margaret Butler, out of all espousals ; and thcieforc had his father
Teige died without heirs (as he did not), for that the said Teige averred him-
self to be his lawful son and heir, he could no way claim the said lands for
that very cause- To this his Lordship rejoined, that he was born in lawful
matrimony between the said Bryan and Margaret Butler, daughter of the
Earl of Ormoiid, and that Joan ny CarrouU was never married to the said
Bryan. Upon which, and the examination of witnesses, it appearcd,Hhnt the
chief pnir.t in controversy was the bastardy imputed to Tcigc i which, was so



LORD UPPER OSSORY. 299

in 1585 J was strictly loyal, and faithful in his allegiance to the
crown ; and in the year 16OO repaired to the Queen, to remind
her Majesty of his dutiful conduct and service j and upon his de-
parture made humble suit, that for the better establishment of
peace and quiet in the countiy of Upper-Ossory, and the further-
ance of her service, she would vouchsafe to reduce the same into
shire-ground, and annex it to the Queen's county ; and to grant
unto him in fee-farm some privileges and church livings, lying
within the limits of his seigniory, not exceeding 20 1, a year j as
namely, the patronage of Aghavoe, the small abbies ofAghavoe
and Aghmacart, the parsonages of Attemagh, alias Attanagh,
Cowlkirrie, Killenye, and Eirke. Whereupon her Majesty, by
privy-seal from Greenwich, July 21st, was pleased to declare,
that such was her gracious acceptation of his long approved loyalty
and service, especially in those times of tumults, when others had
degenerated from their obedience, that in her princely favour and
bounty she was pleased, that the said territory of Upper-Ossory
should be reduced by patent into shire-ground and annexed to
the Queen's county; and further, to grant to him and his heirs
the aforesaid premises. ■" He married Catherine, daughter of

jufficiently proved, that the Lord Chancellor and court were satisfied that he
was a bastard, and May 12, 1607, adjudged the lands to Lord Upper Ossory.
Rot. Pat. 6 Jac I. 2<ia. p. D. R 21,

m Accordingly, by patent dated at Westminster, August i6th, 1600, were
granted to him and his son John, the honours, castles, lordships, manors and
towns of Cowlchill, Formoyle, Grace-Castle, Water-Castle, Tentoure, Castle-
Town, Burrishe, Donnaghmore, Flemingstown, &c. in the country of Upper
Ossory; together with alltheadvowsons of churches and other hereditaments
whatsoever, which before that time did appertain to him within the said
country, to hold to him and his said son John, and the heirs male of their re-
spective bodies ; remainder to his sons GcofFry, Barnaby, and Edmund, and
their heirs male ; remainder to the heirs male of his own body ; remainder to
those of his father Barnabas, Lord Upper Ossory ; remainder to those of Bar-
nabas his grandfather; to hold by the service of an entire knight's fee, a
hawk, and 7/. Irish, annual rent. By this confirmation of the estate, Teige,
his Lordship's eldest son, was deprived of his birthright; but, after his father's
death, insisting on his right, great variances ensued to the detriment of the
fortune; the arbitration of which being at length by their joint petition re-
ferred te King James I. his Majesty to that purpose wrote the following
letter, dated at Salisbury, August 7th, 1618.

" Right Trusty, &c.

'* Wheare we are informed by the humble petition of our faithful subn

jects Teige, Lord Baron of Upper Ossory, Barnaby Fitzpatrick, his son and

heir apparent, and John Fitzpatrick, second brother to the said Lord Baron,

that the determination of the long controversies between tliem for the barony



300 PEERAGE OF ENGLAND.

Patrick O'More, of Leix in the Queen's county, head of that sept
(some call her Joan, daughter of Rory O'More), and dying in the
reign of James I. had issue five sons and two daughters, viz.
First, Thady (Teige) his successor.

Second, John, of Castletown, ancestor to Lord Upper Ossory,
Third, GeofFry, of Ballyraghin or Ballyharagh, who July 31st,
1629, had a grant of that place and other lands, containing one
thousand seven hundred and eighteen acres of arable and pasture
land, and two thousand one hundred and thirteen of wood and
bog, as a native, in the territory of Upper-Ossory, to be holden
in capite, and at the rent of 8 /. English, which were erected into

of Upper Ossory in the Queen's county hath rested, and by and with their
consents, by the order of our L. D and council there, according to our desire
and command to that effect ; and that a certain proportion of the said barony
in the meane, and of the rents and services of the pretending freeholders of
the rest of the said barony, were allotted to each of them by the said order ;
and that most part of the said pretending freeholders have conveyed their
lands unto our said subject John Fitzpatrick and his heirs, and that the rest
are ready to do the like; and therefore have been humble suitors unto us,
that we would be graciously pleased to accept from them several surrenders
of the several proportions of the said barony to them severally intended by
the said order; and thereupon to grant unto them and their heirs, several
letters patent of the said several proportions respectively ; which suit being
unto us reasonable, and the rather that they have conformed themselves to
our pleasure in the difference between them, we are graciously pleased, and
do hereby require you to issue commissions to inquire what lands, &c. are
within the said several proportions, and upon return thereof, to accept fron^
the said Lord Baron, Barnaby and John, a surrender of all the manors, castles,
&c. within the said barony, and to grant the same to the Lord Baron for term
of his life, the remainder to the said Barnaby and his heirs, of all such castles,
lands, &c. as shall be found to be the proportion of them respectively, and to
make a like grant to John of what shall be found to be his proportion, and to
his heirs. And our further pleasure is, that all the premises granted to the
Lord Upper Ossory shall be created one entire manor, by the name of the
manor of Cowlchill, and those granted to John, into the manor of Castle-
town O'Farralen."

Queen Elizabeth also by another patent, dated April 10th, 1601, in con-
sequence of her said warrant from Greenwich of July 2ist, 1600, in considera-
tion of his good, true, faithful, and acceptable services, confirmed to him and
his heirs the site and circuit of the monastery of Aghmacarle, with all its ap-
purtenances; a water-mill, the tythes of grain and hay of the rectory of Agh^
jiiacarte, with the tythes of the town of Cowlchill; the site and circuit of the
friary of Athbone, otlierwise Aghavoe, and the rectories of Cowlkerry rnd
Aghmagh, Eirke, Glashaier, Killynny, and St. Kenny ofAghavoe, in the
Queen's county ; which grant was confirmed by King James I. May 13th,
i6ii, to be held of the crown in fee farm, at the rent of ^3/. 'is. id. Iiibh
iponey.



LORD UPPER OSSORY. 301

the manor of Ballyraghin, with power to hold one thousand two
hundred and seventy-five acres in demesne, and two fairs at Errile
on June 1st, and August 4th, with other privileges. He married
Mary, daughter of Fergus Ferrall, of Tenelick in the county of
Longford, Esq. widow of Sir John O'Reily, and dying at Bally-
raghin, August 13th, 1038, had issue by her (who, June 30th,
l6l5, had a pension of 80/. a year granted for life, to be paid out
of the crown rents of Ulster) two daughters, Ellice and Cathe-
rine, the younger of whom died unmarried, and the elder was
first married to Thomas Butler, of Pollardstown in the county of
Limerick, Esq. fifth son of James, the second Lord Dunboyne,
who dying April 24th, l637> had issue James ; Margaret j Mary ;
Ellen; and Ellice: she re-married with William Burke also of
Pollardstown, younger son of Theobald the first Lord Brittas, who
being hanged at Limerick by Ireton in l653, had issue by her,
Theobald, the third Lord Brittas (successor to his uncle John, who
died in l668) ; Richard; and Honora.

Fourth, Barnaby, or Bryan Fitzpatrick, of Water-Castle, who,
by virtue of the commission for the plantation of the Queen's
county, dated at Dublin, September 4th, 1026, had a grant No-
vember 20th, of the whole estate of the family, as a native, upon
the plantation of Upper Ossory. "

Fifth, Edmond, of Castle-Fleming, living in 1641, the father
of Andreas, or Andrew, of that place, who was engaged in the

n Which was computed to contain 778J acres of arable and pasture lands ,
and 3957 of wood and bog, with the monastery of Aghmacarte, the tythes of
Cowlchill, &c. which were erected into the manor of Cowlchilli with the
privilege of holding courts, a Tuesday and Saturday market, and a fair on
May 1 6th, at Shanbally near Cowlchill, and to impark looo acres, with free
warren and chace. He had also a grant by the same patent, jointly with
Thomas Ho venden, Esq. of the castle, towns and lands of Castle-Fleming,
then in the tenure of his brother Edmond ; and the King further granted to
him and the said Hovenden the towns and lands of Cooletrym, Brokery, &c.
amounting to 777 acres of arable and pasture, and 665 of wood and bog, which
had been lately assigned to them of the natives' lands, to the use of his said
brother Edmond and his heirs male; remainder to the use of the noble
Thady, otherwise Teige, then Lord of Upper Ossory, and his heirs male; re-
mainder to the use of the heirs male of Florence, late Baron of Upper Ossory ;
remainder to the right heirs of the said Florence; and the premises were
erected into the manor of Castle Fleming. Also, to the said Bryan and Tho-
mas were granted many other lands in the said county, in trust for Daniel
Fitzpatrick; John Maccallowe Fitzpatrick; Bryan Fitzpatrick, of Garranj
Donell Macshane Fitzpatrick, of Ballytarsney ; Dermot Fitzpatrick, of
Clonyb ; and Deimot Macteige Oge of Akipp.



302 PEERAGE OF' ENGLAND.

rebellion. The daughters were, Catherine, " married in May.,
1592, to James Eustace, of Newland in the county of Kildare,
Esq. son and heir to John Eustace of that place, who died Ja- ^
nuary 18th, 1607, leaving his said son (by his wife Ellice Barne- !
wall) then thirty-five years old, and by him, who died October
13th, 1640, had Christopher Eustace, Esq. who married Anne,
daughter of Redmond Fitzgerald, of Tiraochoe in the same
county, Esq. 3 and Joan, to John Butler, son and heir to James,
Lord Dunboyne. p

Thady, or Teige, the fourth Lord of Upper Ossory, was
rated 100 marcs to the subsidy, July 8th, lQ\5. He received his
Majesty's letters, dated at Salisbury, August 7th, 16I8, directing
his Lordship, his son Bryan, and brother John, to surrender their J
lands, and pass new patents for the same, which was accordingly
performed. He married Joan, daughter of Sir Edmond Butler, of
Tullow hi the county of Carlow, second son of James, Earl of
Ormond, and grand-daughter of Earl Pierce ; and dying in De-
cember, 1627j was buried in the Abbey of Aghmacarte, the burial
place of the family, having issue by her, who died in 1031,
and was interred in the cathedral of St. Canice, Kilkenny, four A
sons and four daughters, viz. Barnaby, his successor 5 Dermoid, "'
or Darby (who first married Ehin, daughter of Nicholas Shortall,
of Claragh in county of Kilkenny, Esq ; and secondly, Ellinor,
daughter of Richard Comerford, of Ballybirr in the same county,
Esq. widow of John Kennedy, of Ballynegarry in Tipperary, Esq.) ;
Tirlagh, or Turlogh (executor to his mother's will, dated Sep-
tember 10th, 1()31, whose wife was Onora, daughter of Oliver
Grace, of Courtstovvn in the said county, Esq.) j John ; Margaret,
married to Thomas Hovenden, of Tankerston in the Queen's
county, Esq.) j Onora ; Joan, married to William Butler, of
Lynon in Tipperary, Esq. ; and Catherine,'' February 6th, 1637,
to Callaghan Fitzgerald, of Cloquhoyle in the Queen's county,
Gent.

Bryan, or Barnaby, ihe fifth Lord, a noble young gentleman^
took his seat in parliament July 14th, 1634,'' and married Mar-
garet, eldest daughter of Walter, Earl of Ormond, but died in the
prime of his years, having issue by her (who was living his widow
at Water-Castle in the time of the rebellion of l64l,in which re-

o Articles, or deed of fcoffrnent, dated May 3d, 1592. . ,

p See Cahier, N-
<i Ulster's Office. r Lords Journals, vol i, p. 3. J



LORD UPPER OSSORY. 303

bellion she was engaged, sent out all her tenants of Water-Castle,
&c. under the command of William Skendy, her bailiff, withsonae
of her younger children, brought the stolen goods into her house
and park, and took them to her own use) ' Bryan, or Barnabas, his
heir J Edward j and Derby.

Bryan, the sixth Lord, took his seat in the house of peers
March i6th, 1(539, and after the irruption of the rebellion, en-
gaged therein with the Irish of Ossory, whom about Easter 1642
he accompanied to the siege of Borras, in l643 to ^Aa^ofBally-
nakill, with his brother Edward, for which he was indicted of
high treason ; but after the restoration, his Lordship claiming his
seat in parliament, it was referred. May 20th, l66l, to the com-
mittee for privileges to consider, whether being indicted of high
treason and not outlawed, he should be admitted to sit in the
house ? ' On September 20th, the Lord Viscount Massereene
reported, that the committee were of opinion, that as he was only
indicted and not outlawed, or any ways attainted, he was not de-
prived from sitting in parliament : with which report the house
concurred. He married Catherine, daughter of Sir Edward
Everard, of Fethard in Tipperary, Knight, and had three sons and
two daughters, viz. Bryan, his successor; John, who married
Elizabeth, daughter of Bryan Cavenagh, of Polymonty in the
county of Carlow, and had issue Bryan, Catherine, and Mary j
James, who died in England ; Ellen and Mary, who both died
young.

Bryan, the se'venth Lord of Upper Ossory, had a pension of
100/. a year from King Charles IL which, January 1st, l687,
was continued by King James ; in whose army he served as a
captain in Clancarthy's regiment, and for his conduct in that
station was outlawed in the county of the city of Dublin, May
11th, 1691 3 but in the act to hiuder the reversal of several out-
lawries and attainders (passed 6 King William) it was provided,
that the same should not extend to confirm the outlawries of
Barnaby, late Baron of Upper Ossory, but that the same might be
capable of being reversed in such manner, as if that act had never
been made. His first wife was Margaret, daughter of Pierce, the
first Viscount of Ikerrin, by whom he had Bryan, who died at
Downpatrick, unmaiTied, of the small pox in l687j Keran ;
Mary ; John and Catherine, who died infants. His second wife
was Margaret, daughter and heir to James, Lord Dunboyne j and

« Lodge Collect t Lords Journalsi vol. i. p. 236,



304 PEERAGE OF ENGLAND.

his third Dorothy, daughter of WagstafFe j and departing

this Hfe before the year 1696, a clause in her favour was inserted
In the act for vesting the forfeited estates in trustees j and she re-
ceived from King William an estate for ninety-nine years, if she
should so long live, in Kilballintallin, Killboy, and other lands in
the Queen's county 3 " also, upon her petition, leave was given by
the house of commons, February 21st, 1701, for a bill to make
the said clause more effectual. To the said Barnaby, or Bryan^
Lord Upper Ossory, succeeded Barnaby Fitzpalrick, Esq. his
nephew, (son of his brother John) who assumed the title, which
was disallowed by the house of lords December 2d, l6g7, who
found from the report of the committee appointed to inspect the
journals, that the said Barnaby, or Bryan, was outlawed May 1 1th
preceding,''' and died in i6g8 ; which was again ineti'ectually laid
claim to by Lieutenant James Fitzpatrick, who had one son
Henry 5 and the said Henry, in January 1749-.50, married Jane,
daughter of Mr. Richard Farrcn. And November 15th, 1/3 l>
the Earl of Cavan reported from the committee, appointed to con-
sider of the return of the lords, made by the king at arras to the
clerk of the house, that they had come to the following resolu-
tion, viz. Resolved, that it is the opinion of this committee,
that the honours of the late noble lords undernamed are extinct,
and ought to be left out of the list of the peers of this kingdom,
Sanderson, Viscount Castletown ; Fitzpatrick, Baron of Upper Os-
sory J Folliott, Baron of Ballyshannon ; Gorges, Baron of Dun-
dalk; and Tichbourn, Baron Ferrard. To which the house
agreed ; and the king at arms was ordered to leave their names
out of the lists, y

We now proceed with John Fitzpatrick, oi Castletown, Esq.
second son of Florence, the third Baron, and ancestor to the pre-
sent Earl of Upper Ossory. In the reign of King James I. he

married Mabel, daughter of St, John, of the Queen's

county, Esq. by whom he had three sons j Florence, his heir;
John, ofBardwellj and James, of Grantstown ; who were both
engaged in the rebellion of l641 with their brother Florence, ^ a

u Claims on or before August loth, 1700- x Lords Journals, vol. i p 675.
y Lords Journals, vol. iii. p. 163.
z In virtue of the commission dated September 7th, 1656, for remedy of
defective titles, he passed patent August loth, 1637, to him and his heirs, of
the abbey, town and lands of Aghavoe, Grantstown, Castletown, &c which
were created into the manor of Castletown, with usual privileges; piovided,
among other articles of agreement, that he nor his heivs, nor any of them.



LOUD UPPER OSSORY. 3CW^

principal commander during that time of confusion. On January
23d, 1041, with about three hundred men, he took Knockinoy^
the house of Lieutenant Henry Gilbert; which he rifled to the
value of 300/. at the same time depriving him of all his rentSj
cattle, corn, sheep, horseSi household goods, and other goods and
chattels at Cloonin, Carrigin, Knockiuatie, and other places, to
his loss of 400/. more ; his father. Sir William Gilbert, being
served in the came manner, about the same time, to the loss of
500/. in stock and goods, and 4Q0l. a year in rents, of his part of
Cloonin and other lands. In 1042, accompanied with the Lord
Upper Ossory, Andreas Fitzpatrick of Castle Fleming, Colonel
Bryan Fitzpatrick of Rathdownagh, with about six or seven
hundred men, he besieged the castle of Borras, whither all the
prolestants of the barony of Upper Ossory had retired in the be-
ginning of the rebellion for protection, but was obliged by Sir
Charles Coote to raise the siege on Easter-day that year 3 to
A^hich howcer he returned about Lammas, and so reduced the
place, that the besieged for a long time fed upon horses, dogs,
cats, bean-leaves, potatoe-tops, and cow-hides, being without
bread, drink> or salt; and about AU-Hallowtide, Colonel Plunket,
tvith about 1000 men, demanded the surrender of the castle in
the King's name, saying, that if the warders held the castle to the
King's use, he would send in more armed men to assist them j
tinto which And-'ew Brereton, of Killadowle, Queen's county,
Gent, (being kft by Sir Charles Coote, chief commander of the
place) replied, that if he would shew any authority, tinder ih^
King, for what he required and offered, that he would obey.
Whereupon (for want of such authority, as it seems) he departed.
And about the last of November Colonel Preston, with about
1.500 men; beleaguering the place and playing upon the court-
gate with two field-pieces and a small battering piece, and work-
ing under ground, the besieged, in regard there Were but twenty-
warders, the castle large, and not a day's ammunition left^ were
compelled to surrender upon quarter, having their lives and worst
clothes only granted to them : for which, August 12th, 16.52, he
was excepted frnm pardon for life and estate by Cromwell's act of
parliament for the settling of Ireland,

^ould assuii^e ortakethe narhe, title or style of Macgille Patrick, or consent
to maintain and support the said name, in order to the exaction or paymeiit
of any rent, tax, or service; or divide the land, or any parcel thereof accord=
ing to the Irish custom oi Gavelkind,
vbi. yju^ X



305 PEERAGE OF ENGLAND.

He married Bridget, daughter of Darcy, of Platen iii

Meath, Esq. by whom he left

John Fitzpatrick, of Castletown, Esq. who when the king-
dom was reduced by the parliament, had an order dated at Clon-
mell May 19th, 1(552, to receive fourteen days pay for 100 horse,
and a month's pay for 1000 foot, to commence from the twenty-
fourth of that month, to be raised in such manner and upon such
persons, as was directed in the articles, concluded with Sir Walter
Dongan and others at Kilkenny, for the raising of one month's
pay to those that should lay down arms by virtue of the said ar-
ticles. Upon the restoration of King Charles II. he preferred a
petition to the commissioners of the treasury to be restored to his
estate; upon whose report the King, in regard of his many ser-
vices and sufterings, gave directions for the same to be done ; and
the commissioners for executing his Majesty's declaration for the
settlement of Ireland, did accordingly, before any act of parlia-
ment passed for that purpose, by their decree August 1st, iQQl,
restore to him divers lands in the Queen's county, which decree
was allowed and confirmed November 26th, 1662, by the com-
missioners for executing the act of settlement ; by a provisoe in
which act he was restored in blood, and enabled to derive his
pedigree from any ancestor, lineal or collateral, and the estate,
whereof he or his father Florence was possessed before October
22d, l64l, was confirmed to him : upon due consideration had
whereof, and of his loyalty and zeal to the King's service, mani-
fested both to his Majesty and his father, not only in Ireland, but
also in foreign parts 3 the King, out of a desire that the estate, so
restored, should be secured to him and his heirs, and discharged
from all challenges and demands, which might be made to it by
his Majesty, or any other claiming under the crown, was pleased



Online LibraryArthur CollinsCollins's peerage of England; genealogical, biographical, and historical → online text (page 28 of 56)