Of Cregg and Ballygegan.

From "The History and Topography of the County of Clare from the Earliest Times to the Beginning of the 18th Century" by James Frost, pub 1893 and again in 1973, p 427 fn 2:
Lahardan was the residence of the Fitzgeralds, one of whom, the Right Honorable James Fitzgerald, was father of Vesey, first Lord Fitzgerald. They held under a lease made in 1734, by Theobald Butler to Maurice Fitzgerald, gent., of Lahardan.

From A Concise History of Ireland by Maire and Conor Cruise O'Brien, p 47:
The Hiberno-Norman lords, by contrast, throve. [in the 1300's] The Irish resurgence had made them indispensable to the Crown and the creation of the three great earldoms, Desmond (Fitzgerald), Ormond (Butler), and Kildare (Fitzgerald), towards the middle of the century sealed the King's admission of this fact, but the forfeiture and outlawry only very shortly afterwards of the first Earl of Desmond demonstrates how dubious their surety could be. Indeed, the King's subjects in the colony complained only less of the exactions of the great earls than of the depredations of their Irish counterparts. . . . From the very outset the Norman knights had intermarried with the Irish and were quick to grasp the political usefulness of a custom such as fosterage, under which the children of noble houses were brought up from infancy in other noble families with whom it was desirable to cement alliances.

Theobald Butler of Ballygegan held a commission in King James' army. He was one of the posse comitatus of County Galway which, under James Power, the Jacobite High Sheriff, was a thorn in the side of the Williamites. In 1708 he was commissioned in Major-Gen Gorge's Regiment of Foot, and was promoted captain in the Earl of Inchiquin's Regiment 1 Feb 1710. He married first, 1698, Mary Neylan, who died without issue about 1699, widow of Edward Neylan of Ballycohey, Co Clare, and daughter of James Neylan of Shranagollen in same county. He married secondly, 1700 (marriage settlement Oct 1700) Helena O'Shaughnessy, daughter of Captain Roger O'Shaughnessy of Gort, Co Galway, chief of his name, by his wife, Hon. Helen O'Brien, daughter of Conor, 2nd Viscount Clare. Through this alliance the Butlers of Cregg became heirs-general of the O'Shaughnessies of Gort on the death without issue of Joseph O'Shaughnessy, last chief of Cineal Aodh, in 1783, and the crozier of their venerated ancestor, St. Colman MacDuagh, passed into the possession of the Butlers. Theobald Butler died Oct 1722 (administration of his estate 10 Nov 1722, Betham, Genealogical Abstracts, vol. 4, 1A-44-9).

In 1712 he filed a chancery lawsuit against James Neylan, his former in-law:
Chancery Bill 17 Jun 1712--Theobald Butler v. James Neylan & Others. Suppliant, Theobald Butler of Ballygeigan, Co Galway, shews that in 1698 Suplt married Mary, daughter of James Neylane of Shranagollen, Co Clare, and widow of Edward Neylane of Ballicohy, Co Clare, brother of James Neylane of same, who assigned to Suplt two judgments of £270 and £59. William Butler being then High Sheriff of Co Clare, Suplt delivered said judgments to him for execution, who directed him to carry same to Bryan Stapleton, his nephew and Sub-Sheriff.

In 1713 he was involved in an Equity and Exchequer Bill of 21 Jun 1713--Jeffrey Prendergast v. Penelope Prendergast:
Suppliant [Jeffrey] of Cruan, Co Tipperary, shews that Roger O'Shaughnessy [Theobald's father-in-law] has two daughters, Mary, the elder, married Major Wm Moore, and Hellen, the younger, married Theobald Butler. Roger was attainted. In Aug 1700 Sir Thos Prendergast (to whom the estates had been granted) perfected a bond for £400 to Theo Butler & Francis Foster to be disposed of as follows--£26 to Capt Hugh Kelly [2nd husband of Hon. Helen O'Shaughnessy, nee O'Brien, Theobald's sister-in-law], £74 to Mary Moore als O'Shaughnessy [Theobald's sister-in-law] and £100 to Hellen O'Shaughnessy [Theobald's wife]. On 8 Jul 1712 Theo Butler and Hellen his wife and others filed a Bill against Dame Penelope, widow of Sir Thomas, which was taken to Terence Magrath, the present Sheriff of Tipperary, who is a near relative of said Theo Butler, the husband of Hellen O'Shaughnessy, and said Terence now threatens to bring a Bill against Suplt.

In 1714 he and his father sued his sister, Joan. Equity & Exchequer Bill 9 Nov 1714--Pierce and Theobald Butler v. Joan McHugo als Butler:
Suppliants [Pierce and Theobald] of Ballygeigan, Co Galway, show that about 1695 Piers Butler became indebted to Robert McHugo [his brother-in-law] then of Rathorpe, Co Galway. He [Piers] lost a considerable estate in Galway through the Act of Repeal, but when the war was over [1691] he regained his estate including the lands of Rathlurgh and Annagh in parish of Beagh, Barony of Kiltartan, Co Galway. On 6 Apr 1692 he demised these lands to Robert McHugo for 21 years. Robert enjoyed said lands while he lived [he died 1711]. In Oct 1701 Piers conveyed the lands to Theobald, his son and heir, as marriage portion. On Robert's death Joan McHugo als Butler demanded said debt, which Suplt says has been overpaid, and retains said lands and threatens to put matters into the hands of the Sheriff of Galway.

In 1719 he sued the executors of the will of James Lynch. Chancery Bill 8 Jun 1719--Pierce and Theobald Butler v. Oliver Blake, Francis Foster and James Lynch.
Suppliants [Pierce and Theobald] of Co Galway shew that Suplt Pierce demised to James Lynch of Co Galway since deceased, . . . with part of Dromcaneall (283 acres) for 15 years and Lynch became possessed of said land in 1690. Suplt Pierce conveyed said premises to Suplt Theobald on his marriage for a considerable marriage portion. Lynch having got possession of 50 acres of land called Kings bogg and pretending same to be part of the 283 acres aforesaid, Theobald in 1702 offered to take a lease of said lands for the years then unexpired (7) from Lynch, and it was so agreed on between them and Suplts gave bond. Suplts in April 1702 being indebted to Lynch £72 for corn etc. perfected bonds to him for same. In May 1702 there was £8 due to Suplt Pierce from Lynch for rent, and £7 due to Suplt Theobald from Lynch out of the lands of Carhiny, and Cloyne Mehiny which Lynch took from him, and other sums which Theobald left in his hands to help discharge bonds. Suplts further shew that from May 1706 lands of Carhiny and rents were made over by Suplts to Sir Theobald Butler of the city of Dublin, Knight and Lynch continued in possession under him till 1716 when Lynch ran in arrears of rent to him £300, and being required by John Stapleton, Sir Theobald's agent, to discharge same, James Lynch pressed Suplts to discharge the bonds or pay £120 to Sir Theobald. Suplts wrote to Sir Theobald asking him to wait for £150 till he was next in Co Clare and that then he should be paid or secured said sums, and Sir Theobald directed his agent to forbear with Lynch till Suplts paid, which they did soon after to Stapleton £150, and Suplt Theobald made other payments to Lynch in money and cattle, and by the assignment of a note £7-14-9 by the said Lynch to your Suplt Theobald's grandmother, in all £40. Lynch had another bond for £17 from Daniel and James Shaughnessy and Suplt Pierce as surety for them, which bond Pierce has satisfied. Theobald still owed Lynch £16 for which he passed a penal bill 14 Feb 1705. Suplts paid further sums by order of Lynch to Roger Grady, then receiver to Sir Theobald Butler. James Lynch died 20 Feb 1716 leaving considerable estate, and made a will appointing Oliver Burke, Esq, Capt Francis Foster and James Lynch of Loghreagh executors, and they threaten to renew judgments against Suplts. Beg answer for relief.

The Jacobite War in Ireland
On March 12, 1689, King James II, having fled his kingdom following the successful invasion of England by William of Orange, landed at Kinsale with the French ambassador, Count D'Avaux, Lord Melfort, James's Scottish secretary, two of the King's illegitimate sons, and 200 Irish and French officers, including Patrick Sarsfield. The faithful Earl of Tyrconnell, who had been mustering an Irish army, was made a duke. Wasting no time, James and the army marched to Derry, a pivotal town in James' plan of securing Ireland against William. However, Derry did not surrender to the King's Irish army, nor did Enniskillen.There was constant bickering between the Irish and French, leading to serious problems with the morale of the army. After the disastrous rout of the Jacobite troops at The Battle of the Boyne, James left Ireland and returned to France, where he remained for the rest of the war. When William finally abandoned the first siege of Limerick in September 1690, it was not because he believed he had been beaten, but because the wider war on the Continent required his urgent presence. If William had not had this second war to occupy he and his army, there can be little doubt that the war in Ireland could have been concluded much more swiftly. The proof of this is shown by the way Marlborough, less than a month after William left Ireland, succeeded in capturing Cork and Kinsale. The Williamite forces were in control of the north, east and south of the country by the beginning of 1691. St Ruth, the most competent and experienced military leader sent by Louis to aid the Irish, managed to put new life back into the Jacobites in the spring and early summer of 1691. But the loss of Athlone in July, followed by the crushing Jacobite defeat at Aughrim, which also saw the death of St Ruth and capture and death of many of the Irish gentry, saw the war enter its final act. Galway surrendered in less than a week. Captain Arthur French, of the Tyrone family, was Mayor of Galway at the time of Galway's surrender. In addition, many members of the old Tribe families, as well as the native Irish gentry, fought for James, among them Sir Roger O'Shaughnessy and his son, Charles; Oliver Martyn of Tullira; Pierce Lynch of Rafiladown; Butler of Bunnahow and Butler of Ballygegan and Cregg; Sir Richard Blake of Ardfry, Speaker of the Supreme Council of the Confederate Catholics of Ireland; Darcy of Kiltulla; Francis Blake; various Lynches; various Kirwans, including John Kirwan, mayor in 1686; Dominick Browne, mayor in 1688; various O'Donnellans; Burkes; O'Briens of Clare; McDonnells, including Col Alexander McDonnell, mayor in 1690: the list could be extended for several pages.

Fahey, J., D.D., V.G.  The History and Antiquities of the Diocese of Kilmacduagh with Illustrations.
Dublin: M.H. Gill & Son, 1893.
"THE PARISH OF BEAGH"
The parish of Beagh comprises the south-eastern districts of the diocese. It therefore comprises the old Belgic settlement of the Clan O'More, at and around Lough Cutra, and the splendid castles of Fiddane and Ardameelavane, which still speak of the departed power of the chiefs of Kinel Aedh. It also includes some mansions of the last century, which are now fast sinking into decay. They were occupied by the Butlers, the Fosters, the Clovans - who sprang up under the old chiefs about two hundred years ago, and who, like the chiefs, have disappeared from the districts.
     The Butlers had mansions at Bunahow and Ballygegan, and seem to have been descended from junior branches of the Ormond family. Theobald Butler married Helena, daughter of Sir Roger O'Shaughnessy. This witty lawyer was better known as Sir Toby Butler, and was one of the most prominent men at the Irish bar in the time of James II.
     The following brief extract may be transcribed here as illustrative of his character:-
     "Sir Toby Butler, the Solicitor-General of our second King James, who 'lost Ireland,'...was a clever lawyer-ready, witty, faithful, eminent. He drew up the Articles of Limerick, a document of wonderful ability, but soon after to be torn in shreds by those who pretended they would abide by its terms....Pleading one day before a certain judge of very bad character, in the county town of 'rare Clonmel,' the learned judge in a half jocose way remarked that Sir Toby's ruffles appeared rather soiled.
     "' Oh yes, my Lord,' said Sir Toby, in the blandest manner possible; 'but,' showing his hands, 'you perceive, my lord, that my hands are clean.' The judge reddened and would have roasted Sir Toby amidst the laughter which the retort courteous elicited in a rather crowded court. Sir Toby was true to his king and true to his party."
     It was probably by intermarriage with the O'Shaughnessys that the Cregg property was acquired.

Sir Theobald, commonly called Sir Toby Butler, was attorney-general in the reign of James II and the framer of the Treaty of Limerick on the Irish side; he made a memorable speech in 1703 against the Anti-Popery Act.

The Four Courts [From the Dublin Penny Journal, Volume. 1, No. 18, October 27, 1832]
To the Editor of the Dublin Penny Journal
Here also were sundry taverns and snuggeries, where the counseller would cosher with the attorney - where the prebendary and the canon of the cathedral could meet and make merry - here the old stagers, the seniors of the Currans, the Yelvertons, and the Bully Egans, I have above alluded to, would enjoy the concomitants of good fellowship -there Prime Sergeant Malone, dark Phil. Tisdall, and prior still to them, the noted Sir Toby Butler, cracked their jokes and their marrow-bones, toasted away claret and tossed repartee, until they died, as other men die and are forgotten. The characters of Malone and Tisdall are still preserved in Baratariana, and other satirical or serious records of that day. Sir Toby - I question whether he may not have been the prototype, the eidolon of Toby Philpot - has his name and his fame, as an astute negociator, engraven on the treaty of Limerick, and of course he belongs to history; but as a tavern toper I fear he is almost forgotten. His tomb is in St. James's churchyard, and any one who enters that well-peopled cemetery, must observe it as forming the chief ornament of that ugly place. Sir Toby's remains lie mouldering and liquifying there - but, in sooth, if ever ashes deserved to be vitrified, and melted, and cast into a drinking cup, they were those of this old Hibernian lawyers. It is astonishing how these old fellows could do business coolly in the day, who came to it under the effects of the over-night's hot debauch. Doubtless, it did affect them; and I recollect some anecdotes of the same Sir Toby, that show the shifts that this old claret guzzler had recourse to: - Sir Toby was engaged in an important cause which required all his knowledge and legal acumen, (which were not little,) to defend, and the attorney, deeply alive to the importance of keeping Sir Toby cool, absolutely insisted upon his taking his corporal oath that he should not drink any thing until the cause was decided; and, of course, sooner than lose the retaining fee, the affidavit was made, but kept as follows: - the cause came on - the trial proceeded - the opposite counsel made a masterly, luminous, and apparently powerful impression on the jury - Sir Toby got up, and he was cool - too cool - his courage was not up to the sticking point - his hands trembled - his head was palsied - his tongue faltered - every thing indicated feebleness - whereupon he sent to "mine host" in hell for a bottle of port and a roll, when extracting a portion of the soft of the roll, and filling up the hollow with the liquor, he actually eat the bottle of wine, and recovering his wonted power and ingenuity, he overthrew the adversary's argument, and won the cause. Reader, as I am a rambler by profession, allow me, while I have a hold of Sir Toby, and as you may never hear of him again, to recount another anecdote of him, which proves that he was as well an honest as
"A thirsty old soul,
As e'er cracked a bottle,
or fathom'd a bowl."
Engaged in a cause where the counsel opposed to him appeared to carry both the feelings and opinion of the jury, he stood up and said, "Gentlemen of the jury -
the cause of our antagonist, though plausible, is bad, if there be truth in the old saying that `good wine needs no bush, or a good cause no bribery:' here, gentlemen of the jury, is what was put into my hand this morning," holding out a purse of gold, "it was given in the hope that it would have bribed me into a lukewarm advocacy of my client's cause. But, gentlemen, here I throw down Achan's wedge - here I cast at your feet the accursed thing:" and so he went on most ably to state his case and defend his cause; and no doubt but the exhibition of the purse had as much weight as the force of his argument, in inducing the jury to give a verdict in his favour.

The Treaty of Limerick
The Treaty consisted of two Treaties, one military and the other civil. The Civil Treaty was essentially concerned with two issues: the amount of indulgence to be afforded Catholics in Williamite Ireland, and the security of the estates and property of those who had fought on James's side. It contained thirteen articles which were agreed upon between the Right Honourable Sir Charles Porter, Knight, and Thomas Coningsby, Esq., Lords Justices of Ireland, and his Excellency the Baron de Ginkle, Lieutenant General and Commander -in- Chief of the English army on the one part, and the Right Honourable Patrick, Earl of Lucan, Percy Viscount Galmoy, Colonel Nicholas Purcell, Colonel Nicholas Cusack, Sir Toby Butler, Colonel Dillon, and Colonel John Brown, on the other part. These articles were signed by Charles Porter, Thomas Coningsby, and Baron de Ginkle, and witnessed by Scavenmoer, H. Mackay, and T. Talmash.
Both Treaties were signed on Sunday 3rd October 1691

BRITISH HISTORY ONLINE
House of Lords Journal Volume 14
16 November 1691
Capitulation of Limerick.
Upon Debate concerning some Words in the Bill relating to Lawyers and Physicians, the Articles of Capitulation upon Surrender of Limerick were produced in the House, and read as followeth:
Articles.
"Articles agreed upon the Third Day of October, 1691, between the Right Honourable Sir Charles Porter Knight and Thomas Coningsby Esquire, Lords Justices of Ireland, and his Excellency the Baron de Ginckell Lieutenant General and Commander in Chief of the English Army, on the one Part; and the Right Honourable Patrick Earl of Lucan, Piercy Viscount Gallmoy, Colonel Nicholas Purcell, Colonel Nicholas Cusack, Sir Toby Butler, Colonel Garrett Dillon, and Colonel John Browne, on the other Part, on the Behalf of the Irish Inhabitants in the City and County of Limericke, the Counties of Clare, Kerry, Corke, Sligo, and Mayo.

BRITISH HISTORY ONLINE
House of Commons Journal Volume 10
17 February 1692
Irish Forfeitures
That Sir Toby Butler informed the Committee, That Mr. Warren of Carduffe, who was within the Articles of Limerick, preferred a Petition to the Lords Justices, to have the Possession of his Estate; but found a Caveat entered with the Secretary on the Behalf of Mr. Culleford, that he should not have Possession without his being heard: And that they told him, Mr. Culleford had the Land granted to him in Custodiam: That the Reasons given, Why Mr. Warren could not have Possession, were,
First, That Mr. Culliford had laid out a great deal of Money on the Land in Building and Improving.
Second, That the Land was extended for a Debt of Mr. Warren's; which Mr. Culliford had taken in.
Whereupon, Sir Toby Butler complaining to the Lords Justices, That the Lands in the King's Possession ought not to have been extended by any Subject, without the King's Privity or Consent, much less by a Commissioner; he was answered by the Lord Connisby, as he remembers, That Warren had best agree with Mr. Culleford.

The following Roster of Officers of the Regiment is taken from various French Muster Rolls of Reviews held in Ireland after the arrival of King James II. The regiment was raised mostly in Tipperary:
    Troop 1. Colonel Nicholas Purcell, Lieut.James Fitzgerald, Cornet James Butler of Boytonrath (brother Sir Toby Butler,
    Solicitor-General), Quartermaster William Barron, and 40 dragoons.
On the 28th of September, the Irish commissioners rode out to negotiate with General Ginkel. They were: Patrick, Earl of Lucan, Piercy Viscount Galmoy, Colonel Nicholas Purcell, Colonel Nicholas Cusack, Sir Toby Butler, Colonel Garrett Dillon and Colonel John Browne. The articles to the Treaty of Limerick were agreed upon October 3rd between Sir Charles Porter and Thomas Coningsby, Lords Justice of Ireland, and Lieutenant-General Ginkel for the Williamites, and Patrick Earl Lucan, Piercy Viscount Galmoy, Colonel Nicholas Purcell, Colonel Garrett Dillon, and Colonel John Browne for the Irish.

HISTORION
Thomas D'Arcy McGee - A Popular History of Ireland, II
But of all the arts, that in which the Irish of the Georgian era won the highest and most various triumphs was the art of Oratory, What is now usually spoken of as "the Irish School of Eloquence," may be considered to have taken its rise from the growth of the Patriot party in Parliament, in the last years of George II. Every contemporary account agrees in placing its first great name - Anthony Malone - on the same level with Chatham and Mansfield. There were great men before Malone, as before Agamemnon; such as Sir Toby Butler, Baron Rice, and Patrick Darcy; but he was the first of our later succession of masters.