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The History and Topography of the County of Clare by James Frost

Part III. History of the County of Clare
Chapter 22. Act of Settlement—Court of Claims

[Petition of] John MacNamara of Cratloe

We also give as specimens, Abstracts of two Decrees of the Commissioners for carrying into effect the Act of Settlement. These are taken from Roll 5, p. 55, in the Public Record Office, Dublin.

“Innocent Papists.—Petition, dated 6th of November, in the 14th year of Charles II.

To His Majesty’s Commissioners for the Act of Settlement, &c.

The Petition of John MacNamara of Cratloe, Esq., sets forth as follows:—His grandfather, Daniel MacNamara of Knopoge, was owner of Cratloe-moyle, with its mill-seat, of Ballymorris, and Garryncurra, together with Knopoge, Dangan, and many other denominations near Quin. He was also entitled to Chief Rents from numerous towlands in the baronies of Upper and Lower Bunratty, in virtue of his right to the chief rents laid upon them in the fourteenth century. He died in 1643, having settled, by Deed of 29th May, 1638, all his property to his own use for his life, and after his death, part of it to the use of his son Donogh, and of Donogh’s wife, Dame Margaret O’Shaughnessy, and after their death, to the use of their eldest son and heir, who was John the claimant, and his heirs male, and so to the claimant’s other brothers, Donogh and Daniel, and their heirs male. Daniel MacNamara, the grandfather of the claimant, died in 1643, and Donogh, his father, in 1652. After that time, Claimant and his mother continued in possession till “expulsed” by the late usurped power, that is, by Cromwell. He describes himself as being always an innocent person, constantly faithful and loyal to Charles II., and to his father, and as having served the King abroad. On these grounds he prays to be restored to his estates. On the 16th of July, in the 15th year of Charles II., his claim was heard at the King’s Inns, Dublin, and the Court pronounced in his favour, but finding that part of his estates had been already set out and assigned to certain transplanted papists, viz.:—to Pierce Creagh and Laurence White, in satisfaction for their former properties, the Court ordered and decreed that John M‘Namara should be restored to the remainder, Creagh and White not to be disturbed unless they were reprised or restored to their former estates. As to the chief rents he claimed they make no order. The effect of their decision was, that he lost these rents as well as the lands he owned at Quin and its neighbourhood, and that he was obliged to content himself with Cratloe-moyle, Ballymorris, and Garryncurra, as the only remnant of a large property, remaining to the chief representative of the MacNamara Finn, of Dangan and Knopoge. The Court was composed of the following members:—Richard Rainsford, Sir Edward Dering, Sir Thomas Beverley, Sir Edward Smith Broderick, Edward Cooke, and Winston Churchill.