Tracy peerage case
Viscount
and Baron Tracy of Rathcoole and Baronet of the county of Limerick, so created
12th January 1642, Charles the 1st.
The
title was claimed:
(I)
in 1835 by Joseph Tracy formerally of Geashill, Kings Co. (b. 7 Mar 1765), s.
& H. Of James Tracy of the same (b. 27 Jan 1729/30 d. 4 Apr 1749) s. &
h. of William Tracy, of Ross, Kings Co. (who d. 15 Oct 1734 at Castlebrack,
Queens Co.) which William was alleged to be identical with William (Bapt 22 Feb
1692/3 at St. Andrews Holborn London), 3rd s. of the Hon. Robert
Tracy (one of the justices of the Court of Common Pleas), who died 11 Sep 1735,
aged 80 and who was s. of the 2nd Viscount by his 2nd
wife. This petition was presented 15 May 1836 but the claimant d. 17 Mar 1836
(II)
On his death his s. & h. James Tracy, “of South St Grosvenor Esq” (b. 14
Feb 1800) presented a petition in Mary 1836 which in consequence of the report
of the Attorney-Gen in aug 1837, was referred to the House of Lords. He again
petitioned in 1842 but the case was dismissed by the House in 1843. In both
these claims the assertation was that William the 3rd s. of the Hon.
Robert Tracy above named, formed an imprudent alliance in Dublin with Mary
O’Brien, and was consequently disinherited by his father and family. The
identity of this William was not established further than (a) an entry in a
prayer book - “married in Dublin April 17th 1728, William, son of
the Honourable Robert Tracy, late one of the English Judges, to Mary, daughter
of Mr. James O’Brien, Merchant” and (b) by parole evidence that there had been
a tombstone at Castlebrack afsd, with an inscription to the said William (said
to have died 1734) by the same description fragments of such a tombstone were
indeed found later at Castlebrack, and exhibited before the Committee for
Privileges in 1847 but it was alleged in evidence that these had been forged in
1843. It appears probable that William, s. of Hon Robert Tracy bap 22 Feb
1692/3 as afsd, d. an infant as he is not mentioned in an entail of his
father’s lands, date 15 Dec 1732
(III)
The case of Matthew Tracy, claiming the said Viscontancy was printed in London
1862.
(IV)
Benjamin Wheatley Tracy Lieut R.N. whose claim thereto was made in 1853, and
was still being asserted in 1866, was yet another candidate.
The Tracy
Peerage.---On Monday, an inquiry was held at
Castlebrack church yard, before Captains Tibeaude and Warburton, George
Newcombe, J. W. Tarleton, and Samuel Sheane, Esqrs., magistrates, relative to
the genuineness of the tombstone, by which James Tracy, Esq,, (sic) proves his
title to his long disputed peerage; and which the House of Lords decided in his favour,
subject to their proving of this stone. A great number of respectable people
attended to give evidence as well as to hear such a novel inquiry. Mr. John
Rafter, a stone-cutter and builder, proved that the four pieces of stone
produced must have originally been in one--they all corresponding with the
grain, breaks, and letters, when laid together closely to form one stone--and
it was his opinion that the said stone was the original one belonging to the
family, placed there as a tombstone; in which other witnesses also concurred,
and signed declarations to that effect.--Leinster Express.
Superior
Courts. House of Lords reported by W.Finnelly, Esq. Barrister-at-Law
The claim of Mr. James Tracy to the titles and dignities of Viscount and baron Tracy of Rathcoole, in the Kindom of Ireland, has been before the House of Lords since 1836…that he (the judge) had three sons, two of whom (before mentioned) died, one without issue, the other leaving a son, who died without issue; that William, the third son (of the judge), was baptised in 1692, and in 1728, married Mary O’Brien, daughter of a merchant in Dublin, of inferior station to himself, and afterwards resided in Ireland, up to his death in 1734, renouncing, and renounced by his father and connections in England, and for that reason no mentioned was made of him in the wills of his father and brothers; that this William Tracy and his said wife had two sons James and Timothy, and that James had a son Josephwho claimed these titles in 1835, but died in 1836, before his petion was referred to the House of Lords, leaving the present claimant his only son…
The only difficulty that claimant had to overcome ultimately was to prove that the said William was a son of Judge Tracy and he attempted to prove it in two ways, viz. by enteries in an old prayer book, and by an inscription on a tombstone…
The
entries in the prayer book were, (on the title-page) “James O’Brien, Sept. 1st,
1730”, and (on the back of that page) “Married in Dublin April 17th
1728, William, son of the Honourable Robert Tracy, late one of the English
Judges, to Mary, daughter of Mr. James O’Brien, Merchant. James Tracy, the
eldest son, born January 27th 1729; Timothy Tracy, the second
eldest, born January 20th, 1730.”…
A
suspicion had existed in the minds of some of the Lords present that the
entries…were forgeries…
It
was in evidence that the William in the claimant’s pedigree died in 1734, and
that the Judge lived till 1735…
His
Lordship then observed at length on the evidence as to the tomb-stone, and
concluded thus:- I am of the opinion that the evidence which has been laid
before your Lordships does not establish the claim; that it is defective, and
that the case is attempted to be supported by forgery. * * * I have therefore
no hesitation in concurring in the motion that the claimant has not made his
case. Resolved accordingly.
On
the claim to the Tracy Peerage, 2d of May, and 9th of June 1843.
The
Legal Observer or Journal of Jurisprudence. May to October 1843. Vol. XXVI.
London 1843. p.443
Tracy
Peerage Case
CL
& 7 Vol 10
1.
William Tracy of Canelly (Ross), Kings Co. d. 1734 married Mary O’Brien
1.1 James of Gurteen, Kings Co. b. 1729 d. 1794
1.1.1 Joseph
1.1.1.1 James
1.1.2 BLANK
1.1.3 BLANK
1.2 Timothy of Coole, Co. Westmeath. b. 1730 d. 1799
(~~ unreadable)
1.3 Anne m. Casrole of Killoughy, Kings Co.
(The
following was included on the same page but may not be connected to the above)
1.
July 1724 Wm Tipper of Tipperstown, Co. Kildare and Edward T. Now of Dublin set
to Benj.Gale of Dublin lands of Tippertown for 3 lives (?).
GO Ms 576 Sadleir Pedigree
Notebook, page 206.
(Included in the index of GO
Ms 470 with the following in pencil “JA 2/9/44”)
Rathcoole…This place formerly gave the title of Viscount to the family of Tracey, to which James Tracey, Esq., of Geashill, in King's county, is at present prosecuting his claim before the House of Lords.
Pedigree
of the Tracy Family from John the First Lord Viscount Tracy to Martin Tracy
Esq. Of Streamstown in the count of Westmeath, in Ireland. The gr. Grandson of
the Honble Robt Judge Tracy of the Common Pleas in England.
The claiment to the Title, Honors and Dignities of Viscount and Baron Tracy of
Rathcoole in the county of Dublin and Kingdom of Ireland.
Ì
1.
Sir John Tracy
The
son of Sir John Tracy knighted in 1574 by Queen Elizabeth. He was created Lord
Viscount Tracy of Rathcoole by letters of patent by Chas 1 dated 12th
Jan 1642.
married
Anne Daughter of Thomas Shirley of Isfield in the county of Sussex by whom he
had issue 2 sons.
Ì
1.1
Robert the eldest son of John 1st Viscount who on the death of his
father became 2nd Viscount
he
was knighted by King Chas 1st was married twice
Died
& was buried at Toddingham, May 1683
1st
Wife Bridget Daur of John Lyttleton Esq. Of Frankley Court in Worestershire by
whom there was issue 4 sons by Muril his wife Daur of the Lord Chancellor
Bromley
2nd wife Dorethy Daughter of Thomas Cocks
Esq of Castlebtch in the County of Harford Ancestor of the present Earls of
Somars.
1.1.1b The Honorable Robert Tracey many years Judge of
the Common Please which office he resigned in 1726. He died and was buried at
Didbrook on the 19th September 1735
married ??? daur of William ??? Esq ??? ??? and ???
sons and ??? daughters
1.1.1.1 Robert Tracy the eldest son of Judge Tracy
He was a member of the Middle Temple London but died in his fathers lifetime
unmarried on the 7th September 1732
1.1.1.2 Richard Tracy 2nd son of Robert
Judge Tracy he was also a member of the Middle Temple London. He died also in
his fathers lifetime on the 15th November 1732 having married
Margaret daughter of Owen Salisbury Esq. She died 12th May 1773 aged
85 leaving an only son
1.1.1.2.1 Robert Tracy the only son of Richard Tracy
and Margaret his wife
NOTE: He bequethed the Coscombe estate to his cousin
Robert Pratt son of his aunt Dorethy daughter of his grandfather Judge Tracy by
will dated 14th May 1736. He died unmarried and without issue 30th
May 1756.
1.1.1.3 Ann eldest daughter of Judge Tracy. She was
twice married 1st to Mr. Dowdeswell 2nd to Mr. Wylde.
1st husband Charles Dowdeswell in the
county of Worcaster. He died 30th May 17?3 in the 26th
year of his age
1.1.1.3.1a Ann Dowdeswell daughter of Charles
Dowdeswell by Ann the eldest daughter of Judge Tracy. She died 12th
May 176? Aged having issue
married Robert Wylde son of Thomas Wylde by his 1st
wife Katherine. He died 26th October 1741
1.1.1.3.1.1 Thomas Wylde son of Thomas and Ann Wylde
who died 25th April 1789 having married Elizabeth Browne and had
issue 2 children
1.1.1.3.1.1.1 Ralph Wylde who died 10th
Dec 1810
1.1.1.3.1.1.2 Robert Wylde now living
1.1.1.3.1.2 Rev Charles Edmund Wylde son of s Tho’
and Ann Wylde He died 25th January 1798 having married Mary Fewtrell
and had issue 4 children
1.1.1.3.1.2.1 Rev Robert Wylde son of the Rev Cha’
Edm’ Wylde and Mary Fewtrell his wife. He died 14th Nov 1833.
Married Emma Pritchard daughter of Edward Pritchard Esq.
1.1.1.1.3.1.2.1.1 Rev Charles Edmund Fewtrell Wylde
born 12th May 1808 now living at Bridgenorth
1.1.1.1.3.1.2.2 Mary Wylde who died unmarried 22 Nov
1833
1.1.1.1.3.1.2.3 Elizabeth Browne Wylde who married
Wm Lambe Esq of Albury. She gave her evidence before the Lords in 1847 and is
since dead
1.1.1.1.3.1.2.4 John Fewtrell Wylde of the 4th
Regiment of Queens own Dragoons. He died in 1851 leaving all his property to
his nephew the Rev Chas Edm Fewtrell Wylde of Bridgenorth
2nd husband Thomas Wylde M.P. ??? He was
1st married to Katherine daughter of Sir Bayton Throckmenton Bar’
1.1.1.1.3.1b Elizabeth Wylde who died unmarried 17th
May 1791 aged 63 years. She was aunt to Mrs. Elizabeth Brownlambe.
NOTE: She bequethed her property to her nephew the
Rev Charles Edmond Wylde son of Robert Wylde who married her half sister Ann
Dowdeswell
1.1.1.1.3.2b ??? Wylde who died an infant.
1.1.1.4 Dorethy 2nd and youngest daur of
Judge Tracy. She was born at Cheltenham 26th Oct 1697 and died 23rd
March 1727 ghaving married John eldest son of Sir John Pratt Lord Chief Justice
of the Kings Bench and half broth of Charles 1st Earl of Camden who
died 1770.
1.1.1.5 William Tracy 3rd son of Robert
Judge Tracy formerly of Donore & afterwards of Streamstown in the county of
Westmeath where he died 12th June 1782 aged 90 years having married
the widow Gagharan whose maiden name was Bridget Nester and whose family resided
in the parish of Dysart or Castletown. She died in the year 1782 aged 74 years.
Both buried at Castletown Geoghegan leaving issue 4 children 3 sons and one
daur
1.1.1.5.1 Daniel Tracy who was born at Donore in the
county of Westmeath in the year 1736 and died in April of the year 1823 was
buried at Castletown Geoghegan in the same grave as his father William Tracy
having married Mary Wheelaghan of the parish of Durrow in the Kings County and
had issue 4 children
1.1.1.5.1.1 Joseph Tracy who went to America. 50
years age and there died unmarried.
1.1.1.5.1.2 William Tracy who also went to America.
About 45 years age and there died unmarried
1.1.1.5.1.3 Bridget Tracy who married Mr Edward Neil
of Kilbeggan & both died without issue
1.1.1.5.1.4 Elizabeth Tracy who died young
1.1.1.5.2 Malachy or Loughlin Tracy born in the year
1742 at Donore he afterwards went to Meldrum where he died on the 22nd
June 1816 aged 74 years and he lies buried in Horsesleap church yard see epitaph.
He married Miss Mary Moore Parish of Horseleap in the County of Westmeath and
had issue
1.1.1.5.2.1 Miss Catherine
Tracy now the widow of Thomas Clarke to whom she was married by special licence
in Dublin 24 September 1798 & now residing in Meldrum House in the county
of Westmeath her late husband Thomas Clarke Esq formerly of Dublin died on the
18th August 1816 aged 45 years. See his tomestone in Horseleap
church yard. They had issue 4 sons and 2 daughters
1.1.1.5.2.1.1 James Clarke the eldest son of said Thomas & Catherine Clarke a retired solicitor residing at Meldrum House
1.1.1.5.2.1.2 The Reverend
Thomas Tracy Clarke the 2nd son residing at Beaumont Lodge Old
Winsor in the count of Berks.
1.1.1.5.2.1.3 The Reverend
Malachy Clarke 3rd son now residing abroad
1.1.1.5.2.1.4 Christoper
Clarke M.D. the 4th son now residing at Naas in the county of
Kildare. M.R.C.S. England A.B. & M.B. Trinity College Dublin. Physician to
Clongowes College Kildare. He married Mary daur of the late Daniel Hodgens Esq of
Dove House Blackrock Co. Dublin
1.1.1.5.2.1.5 Catherine
Clarke a nun at the convent of at Navan in the county of Meath
1.1.1.5.2.1.6 Maria Clarke
now residing at Meldrum House.
1.1.1.5.3. James Tracy born in 1744 at Donore and
died in the year 1834 aged 90 years & was buried at Castletown Greghegan
having married Dorothy Carroll Balinabarna in the parish of Kilcumreagh in the
county of Westmeath and had issue.
1.1.1.5.3.1. Martin Tracy
the present claiment who is a batchelor & is now residing at Streamstown in
the count of Westmeath.
1.1.1.5.3.2. William Tracy
died unmarried in his 24th year and lies buried at Castletown
Greghegan
1.1.1.5.3.3. Daniel Tracy
late of Streamstown died 5th November 1855 and was buried at
Castletown Greghegan having married Bridget White on the 17 November 1848. She
is now living at streamstown having had issue.
1.1.1.5.3.3.1 James Tracy
who died at Demarara 11th May 1841
1.1.1.5.3.3.2 Martin Tracy
now living in New York in America
1.1.1.5.3.3.3 William Tracy now
living in Streamstown. He married Hannah Jordan and has issue 3 children
1.1.1.5.3.3.3.1 Joseph Tracy
1.1.1.5.3.3.3.2 Mary Tracy
1.1.1.5.3.3.3.3 Daniel Tracy
1.1.1.5.3.3.4 Joseph Tracy now living in America
1.1.1.5.3.3.5 Mary Tracy who died unmarried
1.1.1.5.3.3.6 Dorethy Tracy now living at Ballymore
in the county of Westmeath unmarried
1.1.1.5.3.3.7 Anne Tracy now living at Streamstown
and unmarried.
1.1.1.5.4. Anne Tracy born in 1746 at Donore in the
county of Westmeath she was married in 1762 to the Late Mr. Patrick Seery in
the county of Westmeath and had issue
1.1.1.1.5.4.1 Bridget their daughter now living in
Lara in the county of Westmeath.
Ì
1.1.1a
John 3rd Viscount
The
eldest son of Robt 2 Visc succeed on the death of his father He was married but
dying at Hales March 8th was buried at Toddington March 11t 1686
1.1.2a
Honorable Thomas second son of Robert 2nd Viscount Tracy by Bridget
his 1st wife He died without issue.
1.1.3a
Honorable William third son of Robert 2nd Viscount Tracy by Bridget
his 1st wife He died without issue.
1.1.4a
Honorable Henry fourth son of Robert 2nd Viscount Tracy by Bridget
his 1st wife He died without issue.
Ì
1.1.1.1 William 4th Viscount succeeded
his father as eldest son & having married twice had issue. He died 17th
April and was buried at Toddington 19th April ????
1st
wife Frances Daughter of Lacester Darerour Harford by whom there was issue one
son and one daughter.
1.1.1.1.1a
Honorable John son of William 4th Viscount Tracy by Frances his 1st
wife He died young and unmarried.
2nd
wife Jane third and youngest daur of Sir Tho Lagh who died before his father
the 2nd Lord Lagh by his 2nd wife Daur of Patrick the 19
L Karry ancestor of the present Marquis of Lansdown by whom there was issue 1
son
1.1.1.2
Honorable Charles 2nd son of John 3rd Viscount Tracy who
died and was buried at Todington 6th May 16?6 young ??? ????
1.1.1.3
The Honorable Ferdinande 3rd son of John 3rd Viscount
Tracy he was left by Sir John Tracy Bart heir to the Stanway estate where he
bacame ??? He married and had issue 2 sons
married
Miss Catherine Keck the daur of Sir Ant Keck Commissioner of the Great Seal and
brother of Francis Keck Esq of Great ???
1.1.1.3.1
Ferdinande Tracy eldest son of the Hon Ferdinande Tracy and Catherine his wife.
He died an infant and was buried at Toddington the 19th February
1682.
1.1.1.3.2.
John Tracy 2nd son of the Hon Ferdinande Tracy & Catherine his
wife. He suceeded to the Stanway Estate on the death of his father. Married and
died leaving his wife and six sons surviving him
married
Anne daughter of Sir Robert Atkins of
Saperion in the county of Gloucester Chief Baron of the Exchequer
1.1.1.3.2.1
Robert Tracy the eldest son. He married the daughter of Sir Robert Hudson Esq.
He left his own estates intact but died without issue in Sept 1767 having by
his will dated 16th Oct 1766 left his estate to the children of his
brother Anthony.
1.1.1.3.2.2
John Tracy surnamed Atkins 2nd son. He was the survivor of the
family. He was Cursilor Baron of the Exchequer but died without issue in July
1773. His will being proved in 1774.
1.1.1.3.2.3
Ferdinande Tracy 3rd son. He was mentioned in the will of his great
uncle Francis Keck Esq dated june 1788 but died without issue.
1.1.1.3.2.4
Anthony Tracy surnamed Keck 4th son. He married 1736 Lady Susan
Hamilton sister to the Duke of Hamilton. He died July 1767 without male issue
leaving his 2 daur ???
1.1.1.3.2.5
Thomas Tracy 5th son. Sandywell Park. He married Mary the daur &
heiress of Sir William Dodwell but died in 1770 without male issue. His son
Dodwell dying in his lifetime.
1.1.1.3.2.6
William Tracy 6th son was baptised in January 1721. Died and was
buried at Stanway in May 1729 being only 8 years when he died.
Ì
1.1.1.1.1b
Thomas Charles 5th Viscount succeeded his father 1712. He was the
settler of the Tracy Estates in 1748 ??? married twice died and was buried at
Toddington on the 7th June 1756
1st
wife Elizabeth eldest daur of William Kevl Esq who died before his father Sir
William Kevl of Ebringhim in the county of Glousester Bar. She was born 11 Sep
1689 died and was buried at Toddington 19 Nov 1749. By her was issued 2 sons.
2nd
wife Frances youngest daur of Sir John Packington of Westweed in the county of
Worester Baronet. She died and was buried at Toddington 26 April 1754 and there
was issue 3 sons & 4 daurs
Ì
1.1.1.1.1.1.Thomas
Charles 6th Viscount succeeded on the death of his father 1756. He
was a ??? ??? ??? in 1773. He died on the ??? and was buried at Toddington on
the 18 August 1792 in the ??? year of his age. He was married but died without
issue.
married
Harriet daur of Peter Bathurst Esq. Of Claranden Par in the county of Wilts by
his second wife Lady Selina Shirley daur of the Earl Ferrens by this marraige
there was no issue.
The
honorable William Tracy eldest son of Thomas Charles 5th Viscount He
joined his father in the settlement of the 16 Sept 1748 but dying in his
fathers lifetime without issue was buried at Toddington on the 15 April.
The
Honorable Jane who married on the 17 Oct 1743 Capel Hanbury Esq of Penly pool
in the county of Memmouth. She died on the 13 Aug 1744 ??? issue only son
Ì
John
7th Viscount succeeded on the death of Tho Cha the 6th
Visc his half brother 1792. He was DD in 1761 made Warden of All Souls Oxford
and died on the 2nd February 1793 unmarried leaving his brother
Henry his surviv.
Honorable
Robert Packington second son of Thomas Charles 5th Viscount by
Frances his 2nd wife. He went out as a cadet in the E.I comp Service.
He died in Bombay in the East Indies unmarried as appears by his will dated 29th
July 1748
Ì
Henry
8th Viscount succeeded his brother John 7th Viscount in
1793. He was an officier in the army and married 12 Dec 1767 to a daur of Ames Weaver
Esq. He died without male issue & was buried at Toddington 11 May 1797
leaving an only daughter surviving him
Henrietta
Susanna Tracy Eldest and only daur of Henry 8th Viscount She was
married in 1798 to Charles Hanbury 3rd son of John Hanbury Esq. Of
Penty Pool in the county of Mommouth . He afterwards took the name of Tracy now
Lord Sudley. Ì
Regarding 1.1.1b above:
Tracy, Hon. Robert, Judge of Common Please, 5th
s. of Robert, Vicount Tracy, Toddington, Glos., M.T., 15 April 1673, called
1680. 14 Nov 1699.
Keane
E, Phair PB and Sadleir TU (1982) Kings
Inns Admission Papers 1607-1867. Stationery Office,
Dublin for Irish manuscripts Commission.
- At Loughboy, Matthew Tracy, esq. Of
South Hackney, eldest surviving son of the late Martin Tracy esq. And
great-grandson of the Hon. Robert Tracy, to Anne-Kate, only dau. Of Luke
Treston, esq. Of Fenmore, Co. Mayo.
The
Gentlemans Magazine and Historical Review January 1855.
Case of Lieut. Benjamin
Wheatley Tracey, R.N., claiming the titles: Honor & Dignities of Viscount
& Baron Tracey of Rathcoole, in the Kingdom of Ireland.
Tracey, Benjamin Wheatley.
1853? Petition to the House of
Lords. HMSO publication.
Based
on his descent from William Tracy (see above 1.1.1.5 William Tracy 3rd
son of Robert Judge Tracy) and Mary O’Brien but very different to that stated
above.
George Thomas & Frances Bain Mackay
Frances Bain (b. 28th
August 1797 Parish of Portsmouth) m. John James Hough
28th August 1815 Stonehouse Devon
Benjamin Wheatley (b. 22nd
July 1805 Parish of Cork) m. Elizabeth Howard 16th April 1831
Stonehouse Devon and had 5 children up to 1853.
Case of Lieut. Benjamin
Wheatley Tracey, R.N., claiming the titles: Honor & Dignities of Viscount
& Baron Tracey of Rathcoole, in the Kingdom of Ireland. .
November 1853
Miss
Tracey m. Commander John James Hough (1785-1849)
1815 married Miss Tracey of Co.
Cork. (Marshall 8, O’Byrne; for
Miss Tracey’s origins see the O’Byrne entry for her brother, Lieutenant
Benjamin Wheatley Tracey)
O’Byrne, William Richard A
Naval Biographical Dictionary: comprising the life and services of every living
officer in Her Majesty’s navy, from the rank of admiral of the fleet to that of
lieutenant, inclusive. Compiled from
authentic and family documents (London: Murray, 1849).
Register of
Marriage of Frances Bain Tracey with John Hough, in the Parish of East
Stonehouse, in the County of Devon, where it appears,
That John James
Hough, Esq., Lieutenant in the Royal Nazy, a batchelor, and Frances Bain
Tracey, of this Parish, spinster, were married on the 28th day of
August, in the year of our Lord 1815. W.H. Nates, Minister.
Case of Lieut. Benjamin
Wheatley Tracey, R.N., claiming the titles: Honor & Dignities of Viscount
& Baron Tracey of Rathcoole, in the Kingdom of Ireland.
November 1853
There is also a document listed in the Genealogy Office
Dublin, gives a genealogy of the O’Tracy who were probable located in the west
of Ireland, which also references the Viscounts of Rathcoole.
1000 to 1625 AD O'Tracy Genealogy (Irish Genealogy Office Ms
159)