Appendices
Appendix VII: Acts of Settlement & Explanation
(1)
Transplanters Certificate –Edmond Butler of Boytonrath
1654
Ireland, by the Commissioners of Revenue within Precinsts of Clonmell.
No. 267. Registered 23 February, 1654.
Wee the said Commissioners do hereby certify that Edmond Butler of
Boytonrath in the County Tipperary, hath upon the 30th day of January
1654, in pursuance of a declaration of the Commisioners of the Parliament
of the Commonwealth of England for the affairs of Ireland bearing date
the 14th day of October 1653 delivered unto us in writing a particular
concerning therein the names of himself and such other persons as are
to remove with him, with the quantity and quality of their repesctive
stocks and tillage, the contents thereof are as follows viz.; eleven
persons, six acres of summer corn, nine cows, four yearlings, twenty-four
garrans, sixty sheep, four swine.
The substance thereof we conceive to be true.
In witness thereof we have hereunto sett out hands and seals the 23rd
day of February 1654.
Charles Blount: Sol. Richards: D. Abbott
(2)
Certificate of Final Settlement –Edmond Butler of Boytonrath
1657
In pursuance of ye decree of ye Commissioners of administration of ye
claymens of ye Irish granted in ye behalf of Edmond Butler fitz James
of Boytonrath in ye Countye of Tipperarye, Gent., whereby it is judged
that he is to have 2/3 parts of his estates sett out to him in Connaught
or Clare. It is ordered and he is hereby empowered to enter into and
take possession of ye lands ensueing viz. Ballyvergin, lying and being
in the Parish of Clooney, Barony of Bunratty & Co. Clare; Shranagollen
in Parish of Inchicronin & Barony of Bunratty aforesaid; Lisdoonvarna
in Parish of Killone, Barony of Burren and County aforesaid; Knockaninam
in Parish of Drumcliffe, Barony of Islands and County aforesaid; and
Cappagarran, Parish of Killone and Barony aforesaid; Containing in ye
whole 300 acres of land, to hold possess and enjoy ye said lands with
ye houses and appurtenances whatsoever and ye rentes, issues, benefittes
thereunto belonging, in part satisfaction of what is due to him upon
ye said decree and his heirs and assigns for ever, and ye said High
Sheriff of ye said County is hereby authorised to put him and his assigns
into possession of ye premises, taking for his paines one shilling and
no more.
Dated Loughreagh, 8th May 1657.
Hew. Greneway; Char. Holderof; Ja Cuffe; Will Edwards.
(P.R.O.)
(3)
Earl of Inchiquin to James Butler
1666
Indenture made on 8 and 12 June 1666, between Morrough, Earl of Inchiquin,
and James Butler of Boytonrath in the Co. Tipperary gent. Witnesseth
that the said Earl conveys to said James Butler the lands of Dromreagh
als. Gortvackay, being part of Momoylane in the parish of Iniscroane
in the Barony of Bunratty; Ballylinebeg and Cappacurra in the parish
of Kilreftis in Barony aforesaid; Carrow Idarraghe in the parish of
Killeeny and Barony of Inchiquin; and Lisdoonvarna and Ballytiege in
the parish of Kilmowney and Barony of Burren and County of Clare. (Ballyline
MSS).
(4)
Grant of Boytonrath to James, Duke of Ormonde
1666
It is adjudged and decreed that James, Duke of Ormonde, is by said Explanatory
Act lawfully and rightfully intituled unto the lands hereafter mentioned
that is to say….Boytonrath als. Hasmainmore….containing
549 acres and I rood of like measure. Excerpt from Certificate of
Adventurers Roll 4 No.42 dated 14 Nov. 1666, P.R.O.)
(5)
Fee-Farm grant of Boytonrath - Duke of Ormonde to James Butler
1667
Lease and release dated 22, 23 January 1667. James Duke of Ormonde and
James Butler of Boytonrath, Co. Tipperary, reciting that said Duke being
seized, by virtue of a patent under the Act of Settlement, of the lands
of Boytonrath computed to contain 589 plantation measure, situate in
the barony of Middlethird and county of Tipperary, did lease said lands
to said James Butler. Receivers fee to be £2.0.6., one fat beef
and two fat wethers as acates.
Enrolled 30 Sept. 1670. (Rolls of Chancery of Regalities and Liberties
of Co. Pipperary. [sic] P.R.O.).
(6)
Fee-Farm grant of Grangebeg - Duke of Ormonde to James Butler
1673
Lease and Release dated 27/27 [sic] April 1673 between James,
Duke of Ormonde and James Butler the younger of Boytonrath, Co. Tipperary,
Esq. Reciting that the said Duke being seized by virtue of a Patent
under the Act of Settlement of the lands of Grangemore and Grangebeg
situate in the Barony of Middlethird, Co. Tipperary, estimated to contain
282 acres, did lease said lands to said James Butler for 7 years at
a rent of £37.4.1, one fat wether as, or 5 shillings 6d. per £1
receivers’ fees. Enrolled 1 Sept. 1676 (Rolls of Chancery
of Regalities and Liberties of Co. Tipperary. P.R.O.).
(7)
Connaught Certificate - James Butler of Boytonrath
1677
Enrolments of the Commissioners appointed for the hearing and determining
of the claims of Transplanted persons in the Province of Connaght &
County of Clare. Roll No. 4 Certificate No. 54. dated 13th June 28 Charles
II (1677).
Whereas James Butler did exhibit his petition and claim before His
Majesty’s Commissioners on the 13th day of May, 28 Charles II
by the Grace of God, King etc. Whereby he claims several lands tenements
and hereditiments in the County of Clare formerly set out to Edmond
Butler, deceased, said James’ brother, and those under whom the
said Edmond Butler claimed as transplanted persons in the Kingdom of
Ireland, at a court sitting at Loughrea upon several decrees obtained
by him the said Edmond Butler and those under whom the said Edmond Butler
claimed from the then pretended Court sitting at Athlone, and it is
thereupon considered, judged and decreed by the said Commissioners that
the said James Butler, his heirs and assigns, shall and may hold, possession
and enjoy the lands, tenements and hereditiments hereinafter named,
that is to say:
Magery East als. Rathcloney, one quarter, eighty acres profitable in
Irish Plantation measure at a yearly rent of £1.4.3¾ In
Cloneen als. Ballynoe, one quarter 50 acres of like measure
at a yearly rent of 16 3¾. In Drumineknew als. Gortnegarran
and Gortefean, one carton 215 acres of the like measure at a yearly
rent of £3.0.8¾. In Moymolane, 70 acres of like measure
at £1.4.4. In Clooneen als. Ballnoe, six acres one rood
of like measure at 1/10. All the said lands containing 437 acres and
one Irish Plantation Measure (708 acres 1 rood 7 perches English Statute
Measure). Total Quit Rent £6.12.9½ per an. All of which
beforementioned lands are situate, lying and being in the Barony of
Bunratty in Our said County of Clare.
Issued by the Commissioners sitting in King’s Inn,
Dublin, 13 June 1677 (P.R.O.).
(8)
Grant to Richard, Earl of Arran
1684
Abstract of grant to Richard, Earl of Arran, under the Acts of Settlement
and Explanation, of lands in Co. Clare in trust for Theobald (later
Sir Toby) Butler.
Richard, Earl of Arran; Cappanagh East, Moyher, Gortnafean, Ballycassanbeg,
Carrowkeale, Ballynean, Callonagh and Scapnagowne in the Barony of Bunratty
and Co. Clare. Total 446 acres Plantation Measure 722a. 1r. 30p. Statue.
Rent £6.15.3¼ ……. To hold the lands in the
Co. Clare to the use of Theobald Butler, Esq., until paid £65
with interest.
Date of Decree 18 the August in the 36th year of Car. II. Inrolled
29 Jan. 1684. Roll 35th year Car. II first part, back, No. 23 (P.R.O.)
.