Edmond Butler, 3rd/13th Baron Dunboyne

Edmond Butler, 3rd/13th Baron Dunboyne (1595-1640) was an Anglo-Irish nobleman. His relatively short life was marked by violence and conflict. His father was murdered when he was a small child, he fought a lengthy lawsuit against an uncle who sought to disinherit him, and in 1627 he killed a relative and as a result was tried by his peers for manslaughter.

Background

He was the only son of John Butler and Joan Fitzpatrick.[1] His father was the eldest son and heir of Edmond Butler, 2nd/12th Baron Dunboyne and his first wife Margaret Fitzpatrick. His mother Joan was the daughter of Florence Fitzpatrick, 3rd Baron Upper Ossory and his wife Catherine Moore, daughter of Patrick Moore of Abbeyleix. Joan died a year or two after her son's birth in 1595. In 1602 his father was killed by one Richard Grace.[2] Wardship of the young boy was awarded to his paternal grandfather.

Inheritance dispute

The next heir to the Dunboyne title after Edmond was the 2nd Baron's younger son Pierce (whose grandson, also named Pierce, was in time to inherit it as 5th Baron). In 1618 Pierce petitioned the Crown to declare his nephew illegitimate, on the grounds that while his parents had lived together as man and wife, his father was at all material times married to a daughter of Lord Cahir.[3] There is no reason to think that the allegation was true, but King James I was reluctant to dismiss it out of hand. He wrote to Lord Dunboyne saying that he had no wish either to deprive his ward of his rights, or to deprive Pierce of any rights which might belong to him, and requiring the parties to submit their dispute to the Court of Chancery (Ireland). This led to a lawsuit which went on for three years and involved several hearings in different courts. Eventually in 1621 the Lord Chancellor of Ireland made a decree in favour of Lord Dunboyne, ordering his son Pierce to cease from interference with or disturbance of his peaceful enjoyment of his lands.[4] This was in effect a victory for the young Edmond, and when his grandfather died in 1624 he succeeded without any further trouble from his uncle, who died in 1626.

Trial for manslaughter

Cahir Castle today

In December 1627 Dunboyne was staying at Cahir Castle, the seat of his wife's family. Also present was another Butler relative, James Prendegast, a nephew of Walter Butler, 11th Earl of Ormonde. Dunboyne and Prendergast had each claimed the Irish feudal barony of Newcastle Lyons: on 12 December they quarreled over their rival claims and Dunboyne killed Prendergast.[5]

He was arrested and committed to Dublin Castle. King Charles I, who was generally willing for the law to take its course, even against members of the nobiliity,[6] ordered that he must stand trial, although on the lesser charge of manslaughter rather than murder. Since he had the privilege of peerage, i.e. the right to be tried by his peers, the Lord High Steward of Ireland set up a panel of fifteen peers to try him. The trial took place on 4 June 1628, and by fourteen votes to one, Lord Docwra dissenting, they acquitted him.[7]

Last years

Lord Dunboyne sat in the Irish House of Lords in the Irish Parliament of 1634 and that of 1639–40. He died on 17 March 1640 at his home, Kiltinan Castle, and was buried in the nearby town of Fethard.

Family

He married firstly Margaret Butler, daughter of Thomas Butler, 2nd Baron Cahir and his second wife Ellice Fitzgerald; she died in 1632. They had at least eight children:[8]

He married secondly his cousin Lady Ellen FitzGerald, daughter of Gerald FitzGerald, 15th Earl of Desmond and his second wife Eleanor Butler (who was Dunboyne's aunt); Ellen was some years his senior and had already been twice married. She survived until 1660.[9]

References

  1. Cokayne, G. E. Complete Peerage Reprinted 2000 Vol. VII, p. 44
  2. Cokayne, Vol. IV, p. 517
  3. Lodge, John and Archdall, Mervyn The Peerage of Ireland Dublin James Moore 1789 Vol.6 pp.226-7
  4. Lodge and Archdall, p.227
  5. Mosley, ed. Burke's Peerage 107th Edition 2003 Vol.1 p.1212
  6. Kenyon, J.P. The Stuart Constitution 2nd Edition Cambridge University Press 1986 p.160
  7. Lodge and Archdall, p.228
  8. Burke's Peerage, p.1212
  9. Lodge and Archdall p.228