Sir Theobald (Toby) Butler (1650-1721) was a leading
barrister and politician in late seventeenth-century
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, who held office as
Solicitor General for Ireland
The Solicitor-General for Ireland was the holder of an Irish and then (from the Act of Union 1800) United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. On r ...
. He is mainly remembered for framing the civil articles of the
Treaty of Limerick
}), signed on 3 October 1691, ended the 1689 to 1691 Williamite War in Ireland, a conflict related to the 1688 to 1697 Nine Years' War. It consisted of two separate agreements, one with military terms of surrender, signed by commanders of a Frenc ...
, and for his eloquent but unsuccessful plea to the
Irish House of Commons
The Irish House of Commons was the lower house of the Parliament of Ireland that existed from 1297 until 1800. The upper house was the House of Lords. The membership of the House of Commons was directly elected, but on a highly restrictive fr ...
against the passing of the
Popery Act
An Act to prevent the further Growth of Popery, commonly known as the Popery Act or the Gavelkind Act,Andrew Lyall; Land Law in Ireland; was an Act of the Parliament of Ireland that was passed in 1703 and amended in 1709. One of a series of P ...
of 1703, which allowed any
Protestant
Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
son of a
Roman Catholic
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*''Epistle to the Romans'', shortened to ''Romans'', a letter ...
landowner to prevent his Catholic brothers from inheriting the family property.
[''Burke's Irish Family Records'' London 1976 p.193] He was a much loved "character" in Dublin, and his great popularity shielded him from the penalties that he might otherwise have suffered as a result of his religious beliefs. Only his few enemies attacked him for his willingness to come to an accommodation with the new regime in order to preserve his own property.
Family
He was born at
Boytonrath
Boytonrath () is a townland in the barony of Middle Third (South Tipperary), Ireland. It is a rural townland with, as of the 2011 census, a population of 88 people. The nearest town is New Inn. Formerly a parish in its own right, Boytonrath ...
,
County Tipperary
County Tipperary ( ga, Contae Thiobraid Árann) is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Provinces of Ireland, province of Munster and the Southern Region, Ireland, Southern Region. The county is named afte ...
, second of the five sons of James and Mary Butler, who were distant cousins.
[ The various branches of the ]Butler dynasty
Butler ( ga, de Buitléir) is the name of a noble family whose members were, for several centuries, prominent in the administration of the Lordship of Ireland and the Kingdom of Ireland. They rose to their highest prominence as Dukes of Ormon ...
were much intermarried: James belonged to the branch of the family which was headed by Baron Dunboyne
Baron Dunboyne was a title first held by the Petit family some time after the Norman invasion of Ireland.
History
Dunboyne was part of the Lordship of Meath. The Petit family also had land holdings in Mullingar. In 1227, Ralph Petit became Bishop ...
, while Mary was probably a granddaughter of Walter Butler, 11th Earl of Ormonde
Sir Walter Butler, 11th Earl of Ormond and 4th Earl of Ossory (1559–1633), succeeded his uncle the 10th earl, in 1614. He was called "Walter of the Beads" because he was a devout Catholic, whereas his uncle had been a Protestant. King James ...
.[Butler p.113] In the turmoil following the Irish Rebellion of 1641
The Irish Rebellion of 1641 ( ga, Éirí Amach 1641) was an uprising by Irish Catholics in the Kingdom of Ireland, who wanted an end to anti-Catholic discrimination, greater Irish self-governance, and to partially or fully reverse the plantat ...
the family lost possession of their Boytonrath estate, and Toby's maternal grandfather, another James Butler, who was a staunch opponent of the Cromwellian
Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
regime, was hanged for murder on trumped up charges in 1653 (it appears that he was not accused of murder himself, but of responsibility for crimes committed by soldiers under his command). The family settled at Ballyline near Ennis
Ennis () is the county town of County Clare, in the mid-west of Ireland. The town lies on the River Fergus, north of where the river widens and enters the Shannon Estuary. Ennis is the largest town in County Clare, with a population of 25,27 ...
, County Clare
County Clare ( ga, Contae an Chláir) is a county in Ireland, in the Southern Region and the province of Munster, bordered on the west by the Atlantic Ocean. Clare County Council is the local authority. The county had a population of 118,817 ...
, where Toby grew up.[
]
Barrister
He entered the Inner Temple
The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and W ...
in 1671, and was called to the Irish Bar
The Bar of Ireland ( ga, Barra na hÉireann) is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Ba ...
in 1676. He practised at first on the Connaught
Connacht ( ; ga, Connachta or ), is one of the provinces of Ireland, in the west of Ireland. Until the ninth century it consisted of several independent major Gaelic kingdoms ( Uí Fiachrach, Uí Briúin, Uí Maine, Conmhaícne, and De ...
Circuit, then settled in Dublin
Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...
, where he spent the rest of his life. His principal estate was at Saggart
Saggart ( ga, Teach Sagard) is a village in South Dublin, Ireland, south west of Dublin city. It lies between the N7 (Naas Road), Rathcoole, Citywest and Tallaght. It is one of the fastest-growing settlements in Ireland, showing a populati ...
in County Dublin
"Action to match our speech"
, image_map = Island_of_Ireland_location_map_Dublin.svg
, map_alt = map showing County Dublin as a small area of darker green on the east coast within the lighter green background of ...
; he also had a townhouse at Nicholas Street in Dublin
Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...
city.[
He was described as an "acute and artful lawyer" and one of the best advocates of his age. He was also famous for his wit. After the Glorious Revolution, according to a well-known story, a judge of questionable political loyalties said that Butler's shirt cuffs were dirty; Butler silenced him with the retort: ''but my hands are clean''.][ Even by the standards of the Irish Bar, he was a heavy drinker: another well-known story relates that he accepted a plea from the Court not to drink ]wine
Wine is an alcoholic drink typically made from fermented grapes. Yeast consumes the sugar in the grapes and converts it to ethanol and carbon dioxide, releasing heat in the process. Different varieties of grapes and strains of yeasts are ...
until he had finished his argument; but later admitted that he had cheated by eating bread soaked in wine.[ He was a well-known "character" who regularly frequented the taverns of Dublin, especially in the rather unsavoury district called "Hell", adjoining Christ Church Cathedral. He could be quarrelsome when drunk, and in 1693 was reprimanded for assaulting another barrister, Nicholas Fitzgerald, whom he accused, on no apparent evidence, of trying to murder him, after an all-night drinking session in ]Waterford
"Waterford remains the untaken city"
, mapsize = 220px
, pushpin_map = Ireland#Europe
, pushpin_map_caption = Location within Ireland##Location within Europe
, pushpin_relief = 1
, coordinates ...
.[
]
Politician
Following the arrival in Ireland of King James II, who landed at Kinsale
Kinsale ( ; ) is a historic port and fishing town in County Cork, Ireland. Located approximately south of Cork City on the southeast coast near the Old Head of Kinsale, it sits at the mouth of the River Bandon, and has a population of 5,281 ...
in March 1689, Butler, who was loyal to James and a devout Roman Catholic
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*''Epistle to the Romans'', shortened to ''Romans'', a letter ...
, became for a short time a figure of some political importance.[ He sat in the ]Patriot Parliament
Patriot Parliament is the name commonly used for the Irish Parliament session called by King James II during the Williamite War in Ireland which lasted from 1688 to 1691. The first since 1666, it held only one session, which lasted from 7 May 1 ...
as MP for Ennis
Ennis () is the county town of County Clare, in the mid-west of Ireland. The town lies on the River Fergus, north of where the river widens and enters the Shannon Estuary. Ennis is the largest town in County Clare, with a population of 25,27 ...
,[Hart, A.R. ''History of the King's Serjeants-at-law in Ireland'' Dublin Four Courts Press 2000 p.166] and was knighted. He was briefly Third Serjeant and Solicitor General, Recorder of Clonmel
Clonmel () is the county town and largest settlement of County Tipperary, Ireland. The town is noted in Irish history for its resistance to the Cromwellian army which sacked the towns of Drogheda and Wexford. With the exception of the townland ...
, second justice of the Palatine
A palatine or palatinus (in Latin; plural ''palatini''; cf. derivative spellings below) is a high-level official attached to imperial or royal courts in Europe since Roman times. Court of Tipperary, and a Commissioner of the Revenue, and he sat on a Commission to examine the validity of Royal Charters.[
]
Treaty of Limerick
After the downfall of James II's cause, Butler played a key role in drawing up the civil articles of the Treaty of Limerick, which were intended as a permanent settlement of Ireland's political problems; he was assisted by two other prominent Catholic barristers, John Browne and Garrett Dillon
Garrett (or Gerard or Gerald) Dillon (c.1640-c.1696) was an Irish judge, politician and soldier, who held the office of Recorder of Dublin. He is mainly remembered today as one of the signatories of the Treaty of Limerick, which he helped to n ...
.[ While he has been criticised for his alleged lack of attention to points of detail, in fact, the terms which he obtained were remarkably generous to the defeated side, and are a tribute to his political and legal skills. Catholic landowners (and those Protestants who had supported the Jacobite cause) who declared their loyalty to King William III were not to suffer any penalties, and would retain their lands and the ]right to keep and bear arms
The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
. Unfortunately for the Catholic landowners, it quickly became clear that the dominant faction in the Parliament of Ireland
The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two cham ...
did not intend to honour the Treaty: after weeks of acrimonious debate Parliament was prorogued
A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two electio ...
and the issue of ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inte ...
was dropped for good.[ ]Margaret Anna Cusack
Margaret Anna Cusack (born 6 May 1829 in a house at the corner of Mercer Street and York Street (now known as Cusack Corner), Dublin, Ireland – died 5 June 1899), also known as Sister Mary Francis Cusack and Mother Margaret, was first an Iris ...
''An Illustrated History of Ireland'' 2nd edition 1868
After the Treaty
Butler returned to his practice at the Bar, and his practice flourished through the 1690s.[ How he was able to continue in practice after 1700, as it seems he did, is unclear, since the new Penal Laws barred Catholics from the ]legal profession
Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education.
It is difficult t ...
. His position may have been strengthened by his friendship with leading Protestant barristers like Sir Richard Levinge, 1st Baronet
Sir Richard Levinge, 1st Baronet (2 May 1656 – 13 July 1724) was an Irish politician and judge, who played a leading part in Irish public life for more than 30 years.
Background
Levinge was born at Leek, Staffordshire, the second son of Ric ...
, a fellow student in the Inner Temple and his successor as Solicitor-General, and Sir John Meade, 1st Baronet
Sir John Meade, 1st Baronet (1642–1707) was an Irish barrister, judge and politician. He was the first of the Meade Baronets of Balintubber, and an ancestor of the Earls of Clanwilliam. He was unusual among the lawyers of his time for his lack ...
, like Butler a former judge of the Palatine.
It is just possible that he converted to Protestantism: Jonathan Swift
Jonathan Swift (30 November 1667 – 19 October 1745) was an Anglo-Irish satirist, author, essayist, political pamphleteer (first for the Whigs, then for the Tories), poet, and Anglican cleric who became Dean of St Patrick's Cathedral, ...
, the Anglican Dean of St. Patrick's Cathedral, Dublin
The Dean of St Patrick's Cathedral is the senior cleric of the Protestant St Patrick's Cathedral, Dublin, elected by the chapter of the cathedral. The office was created in 1219 or 1220, by one of several charters granted to the cathedral by Ar ...
, and a close friend of Butler, later said that Butler was "one of his flock" at St Patrick's Cathedral.[ It became increasingly common for well-to-do Catholics (often known by the pejorative term "Castle Catholics"), in order to safeguard their families and their property, to conform outwardly to the ]Church of Ireland
The Church of Ireland ( ga, Eaglais na hÉireann, ; sco, label=Ulster-Scots, Kirk o Airlann, ) is a Christian church in Ireland and an autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the second l ...
. One of the few attacks on him (after his death) suggests that those Catholics who were completely unreconciled to the new regime did regard him as a turncoat. Against that, Butler's speech to the Commons in 1703 is that of an open and passionate Roman Catholic (his eldest son James did conform to the Established Church, despite claims by informers to the contrary).
While his loyalty to King James II was not in doubt, he never seems to have contemplated joining the King in exile, as his colleague Garrett Dillon did, nor was any pressure put on him to do so. He was protected by his great popularity, and by the fact that the Butlers were still a powerful clan politically; the Ormonde Butlers, the senior branch of the family, had safeguarded their position by supporting the Glorious Revolution, although they later turned Jacobite
Jacobite means follower of Jacob or James. Jacobite may refer to:
Religion
* Jacobites, followers of Saint Jacob Baradaeus (died 578). Churches in the Jacobite tradition and sometimes called Jacobite include:
** Syriac Orthodox Church, sometimes ...
.
Popery Act
As the eighteenth century began, the legal position of Roman Catholics steadily worsened, and in 1703 a Bill "to prevent the further growth of Popery" was introduced in the House of Commons. It provided that when a Catholic landowner died his sons would share the land equally, unless one of them became a Protestant
Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
, in which case he would inherit the whole estate. Butler as a Catholic was now ineligible to sit in the House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
, but he was permitted to make an address from the bar of the House on 22 February. His speech was justly celebrated for its eloquence:
Is this not against the laws of God and man? Against the rules of reason and justice by which all men ought to be governed? .... For God's sake gentlemen, will you consider whether this is according to the golden rule, to do as you would be done by? ... surely you will not, nay you cannot, take from us our birthrights.
He repeated his plea to the House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster ...
a few days later, but both Houses of Parliament, entirely unmoved, duly passed the Popery Act.[
]
Later years
As a Catholic landowner, Butler was now liable to harassment by informers
An informant (also called an informer or, as a slang term, a “snitch”) is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law-enforcement world, where informan ...
or "discoverers" who would bring collusive lawsuits
A collusive lawsuit or collusive action is a lawsuit in which the parties to the suit have no actual quarrel with one another, but one sues the other to achieve some result desired by both.
Examples
Constitutional law
For example, if two peopl ...
to challenge the landowner's title to his estates. Sir Toby took the common precaution of conveying his lands to Protestant friends in trust for his sons; his eldest son's public adherence to the Church of Ireland was another safeguard, and much of the property remained in the family, despite the claim in a later lawsuit that the eldest son was "a Papist like his father ".[ ''Flanagan v Butler'' 1739] During his later years Sir Toby was troubled by a lawsuit over his Saggart estate, brought by the informer John Brenan, and another over certain lands in County Galway
"Righteousness and Justice"
, anthem = ()
, image_map = Island of Ireland location map Galway.svg
, map_caption = Location in Ireland
, area_footnotes =
, area_total_km2 = ...
, which was brought against him by Penelope, Lady Prendergast, widow of Sir Thomas Prendergast. The case reached the House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster ...
in 1720, but was not concluded there: it went on for 40 years, long after Sir Toby's death. Lady Prendergast was a determined litigant who was involved in numerous lawsuits in her later years, although it is fair to say that her aim was not greed, but a wish to safeguard her son's inheritance.[
]
Death and reputation
He died in March 1721 and was buried in the churchyard of St James' Church in Dublin city.[ His burial in a Protestant churchyard may simply be a tribute to his almost universal popularity; on the other hand it may be evidence that he did occasionally attend Church of Ireland services. His memorial, which still exists, and was restored by his descendants in the 1870s, has a very simple ]Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power ...
inscription by his eldest son James praising "the best of fathers".
This high opinion of Butler seems to have been generally shared: Jonathan Swift called him a man who was "universally beloved".[ One of the few dissenting voices, speaking for those embittered Catholics who had lost everything under the new regime, said that he deserved a place in ]Purgatory
Purgatory (, borrowed into English via Anglo-Norman and Old French) is, according to the belief of some Christian denominations (mostly Catholic), an intermediate state after physical death for expiatory purification. The process of purgat ...
, along with the notably accommodating judge Denis Daly, who had also recently died.
Marriage and children
He married Margaret Roche, daughter of Dominick Roche, Mayor of Limerick
The office of Mayor of the City and County of Limerick is currently the title used by the chairperson of Limerick City and County Council. Prior to the establishment of the council, the Mayor of Limerick was the chairperson of Limerick City Cou ...
, on whom James II during his time in Ireland conferred the titles
A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
Viscount Cahiravahilla
Viscount Cahiravahilla was a Jacobite peerage created by King James II of England for Dominick Roche, Mayor of Limerick, in 1689. He was also created Baron Tarbert
Baron Tarbert was a Jacobite peerage; the junior title created by King James I ...
and Baron Tarbert
Baron Tarbert was a Jacobite peerage; the junior title created by King James II of England for Dominick Roche, Mayor of Limerick in 1689. His main title was Viscount Cahiravahilla.
After the downfall of James Roche, apparently remained in poss ...
, and his wife Agnes Burke of Cahirmichael.[ They had at least five sons- James, John (the owner of Ballymount House in South Dublin), Theobald, Jordan and Henry- and a daughter Frances, who married her cousin Thomas Butler, 6th ]Baron Cahir
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...
.[
]
Further reading
*Butler, George "Sir Toby Maguire, Solicitor General in Ireland, 1689-90" (1970) ''Dublin Historical Record'' Vol. 23 p. 113
References
{{DEFAULTSORT:Butler, Theobald
Solicitors-General for Ireland
1650 births
1720 deaths
Members of the Inner Temple
Members of the Parliament of Ireland (pre-1801) for County Clare constituencies
People from County Tipperary
Irish Jacobites
Irish MPs 1689
Serjeants-at-law (Ireland)
Justices of the Palatine Court of Tipperary