Appendices
Appendix VIII: Protestant Discoverers
(1)
Equity Exchequer Bill. John Flanagan v. Francis Butler,
Helen Butler, James Butler.
10 July, 1739.
1739 A.D.
Suppliant of Rinana, Protestant, Sheweth that Pierce Butler, late of
Ballygegan being seized of Ballygegan (250 acres profitable) with Theobald,
his eldest son and heir apparent, by lease 16 May 1700 in consideration
of £300 conveyed the lands to Sir Theobald Butler with condition
for redemption. In 1717 Theobald Butler of Ballygegan and Sir Theobald
agreed whereby Sir Theobald was to receive their interest. Sir Theobald
died 1720, and his eldest son and heir, James, became seized of the
mortgage. James died 1722, and his eldest son, Theobald, in 1734 conveyed
his right to John McNamara of Moyreisk, Co. Clare, son and heif [sic]
of Francis McNamara of Crotello Co. Clare Esq.[177]
Said John McNamara had married Margaret Butler, sister of said Theobald
and grand-daughter of Sir Theobald, and John McNamara received some
of the interest on said mortgage from Helen Butler [178]
or Francis Butler hereinafter named.[179]
Theobald Butler of Ballygegan died intestate in 1722 leaving issue Francis
Butler, his eldest son and heir, and several other sons and daughters,
and appointed Helen Butler, widow of Theobald Butler, as administratrix,
who possessed herself of his estate and paid no interest. Sir Theobald
made a will appointing Margaret Butler, lately deceased, his wife his
sole exor. She died intestate and admistration with will annexed was
granted. James Butler, father of Theobald and son and heir of Sir Theobald,
died January 1722, having made a will and appointed the Right Hon. Thomas
Lord Cahir, Bart (sic), Hon. Francis Butler, Chris. O’Brien
and Cornelius O’Callaghan his exors.
Sheweth that James was a Papist like his father Sir Theobald, as is
also John McNamara, who filed a Bill in Chancery in the name of Thos.
Bold, gent. setting forth that the mortgage was assigned to McNamara
in trust for him, and praying to be decreed Protestant discoverer. Further
sheweth that no further proceedings were had on said Bill, and that
Theobald Butler, son of James Butler of Caherbane, Co. Clare, esq.,
is his brother and pretends a right to the mortgage money; and Francis
Butler, Helen Butler, John McNamara, Thos. Bold, Lord Cahir, Francis
Burton,[180]
Chris. O’Brien and Cornelius Callaghan and said James Butler of
Cahirbane; together with Francis McNamara, Pierce Lynch of Rathorp,
Co. Galway, and Mary his wife, Garrett Fitzgerald [181]
and Margaret his wife, said Mary and Margaret, being daughters of said
Theobald Butler of Ballygegan, and others combining pretend that no
lease was executed by Pierce and Theobald Butler of Ballygegan and no
assignment made, and pretend that the executers of Sir Theobald and
his son James received all the interest on said mortgage, and Bold pretends
that the will filed was not in trust for McNamara. Begs that he be decreed
first Protestant Discoverer. (P.R.O).
(2)
Equity Exchequer Bill - Vickers v. Maghan.
16 Feb. 1762.
1762
William Vickers of the city of Dublin, Gent. says that he now is and
always was a Protestant. That James Butler of Doon, Co. Clare, gent.
being in and before the year 1700 seized in fee of the said lands of
Doon did by articles dated 20th October 1759 agree to set to John Maghan
in Gort, Co. Galway, gent.[182]
that part of the said lands then in his hands. Said Maghan continued
therein until 1762, when he set said lands to Peter Butler of Bunnahow,
gent. Your orator as the first Protestant Discoverer claims said lands.
(P.R.O.).
(3)
Equity Exchequer Bill - Brown v. Butler.
8 April 1762
1762
Zacharias Brown of the City of Dublin, Staymaker, Protestant, says that
James Butler of Doonmulvihill in Co. Clare, gent. being seized by virtue
of a longterm of years of said lands did by an article dated 20th October
1759 made between him and John Mangan of Gort, Co. Galway, gent. agree
to set to him that part of the lands of Doonemulvihill by the name of
Doon, then in said James Butler’s hands, at the yearly rent of
£66. Said Maghan enjoyed same until February 1762, when he demised
same to Peter Butler of Bunnahow, Co. Clare gent. Peter Butler being
seized of the farm of Scalpnagown in the Parish of Inchicronin did the
10th November 1759 set same to John Maghan for 15 years, who in 1762
demised same to said Peter Butler, who in about 4 days after demised
same to James Maghan of Tiraloon (?) in Co. Galway, who was brother
to said James Maghan. James Maghan entered into and became possessor
of said farm together with his brother, Bryan Maghan. Peter Butler,
James and Bryan Maghan now are and always have been Papists, and by
several Acts made to prevent the growth of Popery the several deeds
made by James Butler are void and your suppliant as first Protestant
Discoverer claims said lands. But said John Maghan, Peter Butler, James
and Bryan Maghan, combining with said James Butler and Anthony McHugh,
gent.,[183]
the said Peter Butler’s son-in-law, James Moloney ye elder of
Kiltannan, Co. Clare Esq.,[184]
Lambert Molony Esq., Counsellor at law, Croasdaile Molony, gent. and
William Vickers of the City of Dublin, refuse to deliver up possession
of said lands……..The said William Vickers pretends that
on February 16, 1752 he filed a Bill in this Court against John Maghan,
Peter and James Butler to be decreed the benefit of Doonemulvihill and
that on 3 August 1762 he filed another Bill to be decreed the lands
of Scaplnagown. Your suppliant charges that such Bills were filed by
direction of ye said Peter Butler for ye benefit of some person professing
ye Popish religion.
Filed 8th April, 1762. This Bill affixed to an amended Bill 24th December,
1763. (P.R.O.).
