Appendices
Appendix IX: Exchequer & Chancery Bills (Miscellaneous)
(1)
Chancery Bill No. 466 - Ryan v. Walter Butler fitz-Peter & Others.
5 Nov. 1602.
1602 A.D.
Supplt. Wm. Ryan of the Wingmill, Tipp., gent. shows that he and his
ancestors have enjoyed their estate time out of memory free from all
taxes, etc. etc. And that Walter Butler fitz Peter of the Grallaghe,
Jas. Butler fitz John of Ardmayle, John fitz Richard fitz Theobald Duff
Butler of Farrenleaghe, Thos. fitz Walter Stappleton of Carrignefoughe,
Thomas O’Carra of Carrenlea, Richd. Mullone of Clonmell, yeoman,
James Roe Butler of Ballninye, Shane McTheobalde Roe Butler of the same,
gentlemen, and Theobald fits Thomas Butler of Masterstown gent. came
with fire and arms 1st May in the 42nd yr of the reign of Queen Elizabeth
to the Windmill aforesd. and took away money (£6 ster.) and one
gerran price 20/- and other things grown on sd country. The controversy
is between Supplt. and the rest of the freeholders of the sd. Countie.
The Defts are gentlemen of great alliance and ability in sd Countie
and it is impossible for Suplt. to have any indifference of trial by
course of common law. Begs to be allowed to enjoy his sd. freedom and
for restoration of money and goods and that Defts. appear to answer
above. (P.R.O.).
(2)
Chancery Bill - Chas. O’Carroll v. James and Theobald Butler
28 June 1680
1680
Sheweth your orator Charles O’Carroll is son and heir of Wm. O’Carroll
of Curraghaloney, Kings Co. gent. Orator’s father having set out
to him by Decree and Final Settlement in the year 1656 by the then pretended
Commissioners of their court of Claims at Loghragh the ½ cartron
of the land called Dromenekrew and Gorteenenacrow, contg 15 acres. Plantation
measure, in the Parish of Inchicronan, Barony of Bunratty and Co. Clare,
worth £7 p.a. in part satisfaction of his own lands of inheritance
which he formerly had in Kings Co. and, having occasion for money, did
by deed Poll dated 1st May 1662 convey sd lands to one James Butler
of Sraghnagalloone, Co. Clare gent. with proviso for redemption…..James
Butler did for several years put off orator’s father with delays
and promisses……and confederated with John O’Driscoll
and Theobald Butler esq. Council at law and son of sd James Butler …….sd
James Butler did about a month before ye sitting of Court of Claims
come to orator’s father and used many fair promises informing
him it was absolutely necessary for orator’s father to pass a
Certificate and Letters Patent for his lands otherwise same would be
forefeited…….that he, James Butler, had occasion to pass
Certificate and Patent for several other mortgages…..and that
he would only claim Patent for same with saving therein for orator’s
father; who giving credence thereto did consent to let James Butler
have his decree and Final Settlement…..Theobald Butler on James
Butler’s behalf did accordingly exhibit claim for his father’s
interest and among others for said lands by way of mortgage, and did
claim same only as mortgage, and said claim coming to be heard on 22
Sept. 1676…….James Butler and Theobald Butler and John O’Carroll
by combining did surreptitiously withdraw out of Court the claim whereby
he claimed said land only as a mortgage, and did surreptitiously and
fraudulently in the crowd of business procure his certificate to be
drawn up whereby he was adjudged and decreed to the absolute inheritance
in fee-simple…..before the fraud was discovered. William O’Carroll
died about three years since…..James Butler or his tenants have
been in possession for these 18 years last past. Orator’s witnesses
are all either dead or dispersed. Theobald Butler and John Carroll refuse,
declaring that your orator has no right to the land, his (Theobald’s)
father having purchased the right of redemption. Begs relief.[185]
(P.R.O.).
(3)
Exchequer Bill-John Drew v. William and Theobald Butler
3 June 1698
1698
Suppliant John Drew of Drununoon, Co. Clare, gent.[186]
recites suit John Emerson v. Supplt.: says that William Butler, Attortney
of the Common Pleas, was desirous of obtaining the lands of Sunnagh
South in Supplts possession containing 292 acres Plantation Measure,
and he gave Wm. Butler a lease; Butler to repay himself a debt of £75,
and to pay £15 per an. but he never paid one penny. Supplt to
gain quiet and time, and to prevent himself and his son (who being Protestants
were stripped of all their substance in the last late Rebellion in this
Kingdom) from being crushed under so great a debt as £75 was to
them at that time, was so induced to give Butler every advantage……
Before sd Assizes Wm. Butler or Theobald Butler of Ballamount, Co. Dublin,
esq. Council at law and cousin german to sd William…..held an
enquiry thereon……. (P.R.O.).
(4)
Exchequer Bill - Charles McMahon and Anor. v. Thomas Maghan and Others
9 Nov 1784
1794
Suppliant of Cahircalla, Co. Clare, and Anastatia McMahon als. Maghan
his wife Sheweth that “Bryan Maghan late of Ryndiffin, Co. Galway
Esq.,[187]
decd, being in his life possessed of a large fortune, stock, wool, leases,
etc., to the value of over £40,000, died 1771 intestate, leaving
Julian, his widow,[188]
and 4 sons and 3 daughters - Thomas; Walter; James; and Anthony; Christiana,
now wife of Edmond Fitzgerald; Anne, wife of Walter Butler Esq.[189]
and Supplt Anastatia.” Thomas said that Anastatia’s fortune
after statement of accounts amounted only to £2,562 but Supplt
shews many assets of Bryan were omitted. Supplt accepted from Thomas
securities for £2,562 and believed his statement that he was proposing
to settle bond debts of Augustus and Marcus Browne, Pat and Giles Maghan…..(P.R.O.).
(5)
Chancery Bill - Henry Butler v. James and Henry Butler and Augustine
Fitzgerald.
23 May 1807
1807
Suppliant Henry Butler of Millbrook, Co. Clare, shews that Henry Butler
late of Thorpe, Surrey, decd., leased Sunnagh and Derryvile to James
Butler of Millbrook, Supplt’s father. In consequence of the extensive
dealings of Supplt’s father, he being the principal grazier in
Clare, his books were immense and in a confused state at the time of
his death. Supplt shews there was a great friendship between his father
and said Henry who were connected not only by ties of consanguinity,
but also by the circumstance of their having for many years served as
brother officers in H.M. 14th Regiment of Light Dragoons. Henry died
in England leaving his estate to trustees, Augustine Fitzgerald being
the only survivor; that they settled his estate subject to an annuity
to his kinsman, William Butler of Castle Crine, with remainder to James
Butler, his eldest son. William is dead, and James possesses the land,
and has a son Henry who claims after him…….(P.R.O.).
