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The Butlers of County Clare by Sir Henry Blackall


Appendix VIII: Protestant Discoverers


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).


Equity Exchequer Bill - Vickers v. Maghan.
16 Feb. 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.).


Equity Exchequer Bill - Brown v. Butler.
8 April 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.).


Appendix VII: Acts of
Settlement & Explanation


Appendix IX: Exchequer &
Chancery Bills (Miscellaneous)