Page:The Complete Peerage Ed 1 Vol 1.djvu/152

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130 ABKLOW. expresslv militates against Mr. Lyneh's statement (as above quoted) that the Barony was continuously enjoyed by the h. male. To this may be added (4) that the solitary instance quoted by Mr. Lynch out of the " multiplicity of proofs " as to the right of the heir male to the Barony of Arklow, consists of the, very unimportant, fact of the '2nd Duke of Ormonde having been enrolled a Bencher of King's Inn, Dublin, i u 1702, under the style of (inter aha) " 'ieecomes dt Thurles el Dinylc, Baro dc Arklotc ct Lnuthinin," a singularly careless way of recording the titles of Viscount Thurles [I.], Baron Dingim// [S,j, Baron of Arklow [I.], and Baron Butler of Uanthony [K] The case then appear* to stand thus,— nothing whatever is heard of this Barony (so far as is at present known) till the year 1T>88, when the words " Bam dc Arclo " appear on the Garter plate of Thomas, the inth Earl of Ormonde, who d. s.p.in. in 1614. These words again appear, in 1661, on that of James, 12th Karl, 1st Marquess, and, subsequently. 1st Duke. As the Marquess was heir male, though not fieir gen. (which, however, his wife was) to the 10th Earl, this certainly gives some force to the argument that the Barony of Arklow was a title descending to heirs malt. Such recognitions, however (though of more value than the inaccurate record quoted by Mr. Lynch) are as nothing in comparison of the recognition contained in the patents of 1642 and 1881, wherein James the 12th Earl (being cr. Marquess and Duke respectively) is styled (among other titles) Lord Baron of Arklow, as he is also in letters patent, 2 April 1662, restoring to him the co. of Tipperary (See " Lodge," iv, p. 51, note). Yet even this recognition in letters patent of the existence of a Barony of Arklow, can only be held, on the most favourable hypothesis, to constitute a creation of that date, and cannot therefore, in any case, be appealed to, after the extinction of the male issue of the person so recognised, which in this instance took place 17 Dec. 1758, at which date any Barony of Arklow, constituted by the " recognitions " of 1642, 1661 and 1662, must be considered as having become ex. The decision of the House in 1791 (above alluded to), in which the claim of "John Butler, Esq." to the title of Earl of Ormond and Ossory, Viscount of Thurles, Baron Btttler and Baron of Arklow [I.] was allowed as to the Earldoms and Viseounlcij ONLY, is entirely in accordance with this view, and it was probably held by the Law officers of the Crown that no such Barony was vested in the family of Butler, when, ten years later, the title was granted as a Peerage [U.K.] to a son of the reigning monarch. At the same time it must be borne in mind that the Butler family were not promoted to an Earldom till 1328,(' 1 ) and that if, as must be admitted, there were, at that period, Baronies, in the sense of Peerage dignities, existing in Ireland, it is more than probable that some BaronyC) (whether under the name of " Butler," " Lb Bo'nller," "Arklow " or " Carrick ") was vested in this leading House, and, if so, such Barony, according to " Lynch " (a work which, as a rule, the Editor has generally followed), would have been a prescriptive dignity descendible to heirs male. In this case such Barony (whatever its name) would be vested de jure in the Marquess of Ormonde [I.], but, in the present state of our knowledge of this most intricate subject, the matter must remain only one of opinion.] U " ARKLOW IN IRELAND," Baron of. See " SUSSEX," Duke of, cr. 1801, ex. 1843. i.e. "ARKLOW," Baron. See "ALBANY," Duke of, cr. 1881. ( d ) i.e. the date of the Earldom of Ormonde. The question aa to the Earldom of Carrkk [I.], of which the creation charter was 1315 (the year before the Earldom of Kildare), is very ably discussed by Mr. J. H. Round iu his article on " the Earldoms of Ormond " (see p. 129, note " c"), who comes to the well sustained conclusion that the Carrick charter "was simply inept." (°) A full account of the holders of this Barony will be given under the name of " Butler ; " beginning with Theobald Fitz Walter who may be considered as the first Baron, as on him Henry II conferred the honourable office of Chief Butler, an office which of itself would, probably, confer, or imply, the rank of a Baron, and which henceforth gave the name to the family. Under the name of Butler or Le Botiller (without any territorial designation) these Barons appear in every roll of Par!, to which they were summoned, and under this name in like manner the grant of the Earldom of Carrick [I.] was made, in 1315, to the 7th Baron, as also that of the Earldom of Ormonde [I.] in 1328, to his son, the 8th Baron.