In the name of God Amen. I John Shirley of Burnchurch being
of sound mind memory and understanding blessed be God for it
do hereby make this my last will and testament in manner and
form following that is to say First leave and bequeath my soul
to God and my body to be interred in my family burying place
in Burnchurch at the discreation of my family and my Executors
hereafter named - Secondly I leave to my son Richard all my right
title and interest in my part of the lands of Bellmount forever.
Subject to the following legacies and bequests. My son Richard
is to pay my daughter Eliza ten pounds a year for ten years
after my decease. But the first four years is to be kept by Richard
and at the expiration of four years after my decease to pay Eliza
the sum of forty pounds together and ten pound a year for six
years after. And my son Richard is also to pay unto my grandaughter
Maria Dow in fourteen years after my decease the sum of twenty
pounds ster. and also to my granddaughter Agness Shirley
the sum of twenty pounds ster. in seventeen years after my decease.
Thirdly I leave and bequeath to my son Henry Shirley all my
right title and interest in my farm in Burnchurch together
will all my personal property. I mean all my stock of cattle,
cows houses corn hay potatoes money and so forth. But Richard
is to have his bed and bedding. But my son Henry is to pay and
be subject ot the following legacies. He is to pay my daughter
Maria one hundred pounds ster. in twelve months after my
decease out of my property bequeathed him and also to pay my
daughter Johanna one hundred pounds ster. in two years
after my decease out of my property bequeathed him. And in order
to enable Henry to pay my daughters Maria and Johanna the sums
bequeathed them I will and bequeath my son Henry all my interest
in part of the lands and houses in Kilbline being six pounds
ten shillings by the year during the life of Philip Hayden and
his wife Catherine and it is my further will and desire that
my children herein named shall live together at Burnchurch as
usual and assist each other until they get married, or otherwise
find it their mutual interest to separate. And lastly I nominate
constitute and appoint my brother Thomas Shirley and Thomas
Way Bayley to be my executors to this my last will and testament
in witness - where of I have put my name and seal this 27th day
of December 1844 ----------John Shirley ----------- seal.
married Mary Rice of Newlands. She died on 27 July
1825 and was buried at Burnchurch; She was the daughter of John
Rice and Jane Murphy.
[Burnchurch]This stone placed here by Mr. John Shirley
Burnchurch in memory of his dealy beloved spouse Mary Shriley
(alias Rice) when God hath called from this frail and fallible
world 27th July 1825 in her 39th year to partake of the blessing
of celestial being so clearly purchased for her and all she was
a treasure in her family as a wife and mother in piety in the
love and will may she obtain the salvation which is in Christ
Jesus with everlasting glory amen.
"Mary Rice, a catholic and the daughter of a half
sister to Edmund Rice, (the founder of the Christian Brothers),
married John Shirley, a Protestant. As was usually agreed in
those days of a mixed marriage, the sons of the marriage were
to be brought up as Protestants and the girls in the religion
of their mother, as Catholics. There were eight children of this
marriage. It is said that Mary Rice requested Edmund Rice to
pray for the conversion of her husband and sons to the Catholic
faith and this duly happened."
This was originally a Protestant (males) and Catholic (females)
family, but all became Catholic
Note: Most Burnchurch C of I records burned at Record Office
in 1922 (extant: bap from 1888, mar 1845, bur 1882)
Children
4(i). Anne Shirley (likely daughter)
born say 1814. In John Shirley's 1844 will, he named his grandaughter
Maria Dow. It is assumed that Maria was the daughter of the following
marriage - thus making Anne Shirley the daughter of the above
John Shirley of Burnchurch Kilkenny
1834 Marriage - Shirley, Anna Marie and James Dow Index
of Marriage License Bonds- Diocese of Ossery, Ferns and Leighlin
4(ii). Richard
Shirley - born about 1817 at Kilkenny Ireland; He inherited
all his father, John Shirley's lands at Belmount Kilkenny in
his 1844 will; Evicted from family lands in 1850 and sentenced
to transportation to Tasmania for rebellion; He settled at Kilkenny
House, Hobart Tasmania. He died 14 April 1898 at Hobart Tasmania.
This family was Roman Catholic.
1850 July 29 - The Freeman's Journal (newspaper) pg 1 The
Burnchurch Outrage - Richard Shirley, Eliza Shirley, Robert Howard,
Thomas Doran, Ellen Lanlgan, Bridget Maher, and Ellen Sinnott
who had been evicted on the first day of the assizes for compelling
a man named Hoolahan to leave his farm, were all placed at the
bar. The prisoners who ere of the better class of farmers, were
very respectfully clad. An immense number of persons intimately
connected with them were present, and considerable anxiety prevailed
as to the probably sentence about to be passed on them.
Family info - "The Shirleys were evicted by their
landlord, Lord Farmley (sic, Wm L Flood of Farmley estate). They
resisted and James and Richard were sentenced to 21 years transportation
to Van Dieman's Land. Elizabeth and Catherine were also sentenced
to transportation. But while waiting ship were imprisoned on
Spike Island in Cork harbour. After two years they were released."
Shirley, Richard; Sex: M; Age: 30; Trial place: Co. Kilkenny;
Trial date: 25/07/1850; Crime desc: Unlawfully assembling and
injuring property; Sentence: Transportation 10 yrs; Ship: Lord
Dalhousie 00/04/1852; Document ref1: TR 10, p 126; Document ref2:
CRF
1855 Dec 7 The Waterford News (newspaper) - A conditional
pardon has been granted by the Queen to Mr Richard Shirley of
Kilkenny, transported to Van Dieman's Land
4(iii). Henry Shirley lived in Rathclough, Danesfort;
He inherited lands at Burchurch in his father's 1844 will; The
1849 Griffiths Valuation shows him at Burnchurch. He was indicted
with his brother Richard Shirley in 1850, but was found not guilty.
He was granted 44 acres of Belmount Kilkenny by his brother Richard
Shirley in 1862; His brother James Shirley granted 28 acres of
Bellmount to him in 1863; He held 61 acres at Rathclough in 1871
and 1876.
1844 Will of John Shirley of Burnchurch. "...I leave
and bequeath to my son Henry Shirley all my right title and interest
in my farm in Burnchurch together will all my personal property.
I mean all my stock of cattle, cows houses corn hay potatoes
money and so forth...I will and bequeath my son Henry all my
interest in part of the lands and houses in Kilbline being six
pounds ten shillings by the year during the life of Philip Hayden
and his wife Catherine..."
"It was originally believe that this eviction took
place because of the conversion of the Shirley males to the Roman
Catholic religion but the real reason was non payment of rent.
In any event the incoming tenant, Richard Holohan of Knocktopher,
whilst trying to take possession of the Shirley farm met with
considerable resistance and violence from the local people who
did not take favourably to his tenancy and Richard Holohan had
to retire. Richard Shirley aged 30 years and brother of Henry
Shirley who had lost the farm at Burnchurch was subsequently
sentenced to transportation to Van Dieman's Land and arrived
in Hobart in August 1852"
1862 Oct 8 - Registry of Deeds Vol 37 No 67 (next page)
- Richard Shirley to Henry Shirley - Between Richard Shirley
of No 205 Macquarie Street Hobart Town Tasmania storeman and
Henry Shirley of Rathclough Co Kilkenny farmer. Indenture of
lease dated 2 April 1766 between John Shirley who devised unto
Thomas Shirley all the lands of Bellmount held for 3 lives mentioned...The
sd Richard Shirley did grant unto the said Henry Shirley all
that part of town and lands of Bellmount containing 44 acres
lying in the Barony of Fassadineer late in the possession of
Richard Shirley or his undertenants that part of sd lands of
Bellmount demised by sd therein recited original leas of 2 April
1766 (saving and reserving thereout as is therein saved and reserved),
subject ot yearly Fee Farm, execution by the sd Richard Shirley
is witnessed by Thomas Sansome Preston of 35 Lincoln Inn Fields
in Co Middlesex solicitor, execution by Henry Shirley witnessed
by Arthur Joshua Boyd of the Parade in City of Kilkenny solicitor
and William McGrath of High St in City of Kilkeeny law clerk
Henry Shirley <seal> Registered 18 October 1862. (9 folios)
married Judy Mullins on 26 January 1857 at Danesfort
Catholic Church
1857 January 26 Danesfort Catholic Church - Marriage of
Henry Sherly to Judy Mullins, Wit: James Sherly, Miss? McDonell
children:
5(i). Mary Anne Shirley baptised 26 ?February 1858
at Danesfort Catholic Church, daughter of Henry Shirley and Judy
Mullins
1858 [obliterated, likely February] 26 - Danesfort Catholic
Church - [above 'con'] Baptism of Mary Anne, daughter of Henry
Shirley, Judy Mullins; Sponsors: James Shirley, Mary McDonnell;
Residence: Rathclough
5(ii). Eliza Shirley baptised 1860 at Danesfort Catholic
Church, daughter of Henry Shirley and Judy Mullins
1860 [obliterated, possibly January] - Danesfort Catholic
Church - Baptism of Eliza, daughter of Henry Shirley, Judy Mullins;
Sponsors: [oblit] Mullins, Eliza Shirley: Rathclough [Note: Rathclough
is in Danesfort Civil Parish]
4(iv). James Shirley - Not named in the 1844 will of
his father John Shirley of Burnchurch, Kilkenny. But supposedly
sentenced to Transportation to Tasmania upon the family's
eviction from lands in 1850; He was named in the 1912 "obituary"
(report by a family member much later?) of his sister
Elizabeth Shirley (nee Shirley) (Editor:
What is the source for this child, James Shirley? Are the sources
confusing James for Richard Shirley?)
"The Shirleys were evicted by their landlord, Lord
Farmley (sic, Wm L Flood of Farmley estate). They resisted and
James and Richard were sentenced to 21 years transportation to
Van Dieman's Land. Elizabeth and Catherine were also sentenced
to transportation. But while waiting ship were imprisoned on
Spike Island in Cork harbour. After two years they were released."
4(v). Elizabeth Shirley She was named in the 1844 will
of her father John Shirley of Burnchurch, Kilkenny sentenced
to Transporation to Tasmania upon eviction from family lands
in 1850. However, Elizabeth and sister Catherine were freed after
imprisonment for 2 years
Eliza Shirley - Female, age 20. Tried at Kilkenny on 22
July 1850; Crime: Unlawful assembled and injuring property. Sentence:
Transportation for 10 years - Document ref1: TR 10, p 332
"The Shirleys were evicted by their landlord, Lord
Farmley (sic, Wm L Flood of Farmley estate). They resisted and
James and Richard were sentenced to 21 years transportation to
Van Dieman's Land. Elizabeth and Catherine were also sentenced
to transportation. But while waiting ship were imprisoned on
Spike Island in Cork harbour. After two years they were released."
married James Shirley, Coroner for county Kilkenny,
her cousin (see photo and story above)
4(vi). Catherine Shirley Not named in the 1844 will
of her father John Shirley of Burnchurch, Kilkenny; Supposedly
sentenced to Transporation to Tasmania upon eviction from family
lands in 1850. However, according to family, Catherine and sister
Elizabeth were freed after imprisonment for 2 years (Editor: What is the source for this child,
Catherine Shirley?)
"The Shirleys were evicted by their landlord, Lord
Farmley (sic, Wm L Flood of Farmley estate). They resisted and
James and Richard were sentenced to 21 years transportation to
Van Dieman's Land. Elizabeth and Catherine were also sentenced
to transportation. But while waiting ship were imprisoned on
Spike Island in Cork harbour. After two years they were released."
4(vii). Maria Shirley She was mentioned in the 1844
will of her father John Shirley of Burnchurch Kilkenny;
4(viii). Joanna Shirley She was mentioned in the 1844
will of her father John Shirley of Burnchurch Kilkenny;