Synopsis

McCartans and the Penal Laws

The purpose of the penal laws was primarily to deprive catholics of land. They were enforced soon after the treaty of Limerick and lasted throughout the eighteenth century. All catholics with land became vulnerable. Statistics show a drastic reduction in catholic ownership by 1780. This story details the difficulties encountered by a branch of the McCartans due to these laws. Interestingly over one thousand documents, relating to this case have survived. Included are affidavits, wills, letters, nuptial agreements and maps.

Synopsis:

In 1742 Ursula McCartan, daughter to Phelim and Mary McCartan of Drumnacoyle, county Down, married James Savage of Barr Hall house, near Portaferry, county Down. On their marriage the newly weds inherited an estate in Mountbellew, county Galway and an annuity for another at Knock Abbey, Tallanstown, county Louth. Formerly belonging to a branch of the Bellews, these lands had been bequeathed to Ursula's mother Mary by way of her uncle Patrick Bellew's will, dated 1708. Patrick Bellew's will was administered in 1722.

This inheritance proved problematic from the start. The penal laws were being enforced at that time. Catholics were prevented from owning land and restricted as inheritors. Phelim and Mary McCartan were catholics as were their daughter Ursula and son-in-law James Savage. Legal advice was often sought to help protect the estates from 'discoverers'.

Ursula and James settled into the Mountbellew estate and had one son Philip. After four years of marriage Ursula's husband James died. Very soon after Ursula remarried to Captain William Stafford from county Wexford. Before long the newly weds had a son Nicholas.

During his teenage years animosity developed between Philip, the first born son, and his family. He returned often to the Savage family - relatives of his fathers in Portaferry and resided with an aunt Mrs Russell. His uncle, Patrick Savage, encouraged Philip to conform to Protestantism and lodge a Bill of Discovery on his mothers property. This was an attempt to make his mother a tenant and claim ownership. Ursula, his mother, responded by arranging for a Protestant friend, Mr Hore, to lodge a bill of discovery and to hold the property in trust. Philip conformed but died before his court application was settled. He left a wife - whose maiden name was Logan, a son James and a daughter Mary. Neither survived childhood.

Before his death Philip sold his claim on his mother's property to Michael Bellew, owner of an adjoining estate in Mountbellew, for Ł1,000. In his will Philip also had bequeathed any remaining interest in the Mountbellew property to his infant son James. A proviso was alsor included in this will. This declared that in the event of the death of James, the beneficiary to be his nephew Patrick Savage of Portaferry. Also in the event of the death of Patrick Savage, beneficiary was to be another nephew Andrew Savage from Portaferry. James died shortly after as did Patrick Savage. Andrew Savage, son of Patrick and Christopher Dillon Bellew, son of Michael joined forces to claim entitlement to the Mountbellew property. They employed James Smyth, a prominent Dublin attorney. At this time Ursula was aged over eighty and living on the Mountbellew estate. A major legal battle commenced in the Galway court.

Ursula died in June 1803. Andrew Savage and Christopher Dillon Bellew stepped up their campaign to take possession. In the month of March 1805 James Smyth, the attorney, arrived in County Down to procure witnesses. He required proof of Phelim McCartan's handwriting, his date of death and his religion at time of death. Charles Christian, an eighty-five year-old from Rathfriland, Henry Trevor of Loughbrickland and Portaferry, John Magee from Balllymaginthy and Thomas Savage from Ballyminish were chosen to fulfil these tasks as witnesses.

Nicholas Stafford, son of Ursula died before 1799. Ursula, in her will bequeathed her estate to her grand-daughter Francis Ann Stafford, a minor and illegitimate daughter of Nicholas. A further legal battle continued between the trustees of young Francis Ann and James Smyths clients, Andrew Savage and Christopher Bellew. A settlement was eventually reached in December 1810, when Francis Ann's guardians accepted a lump-sum settlement. Francis Ann became very ill shortly after the settlement, died and was interred in New Ross, county Wexford.

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NOTES:

The above story is well documented and will be presented in full at a later date.

Michael Bellew, father of Christopher D Bellew, died July 1797 - d552/a8/1/1

Nicholas Stafford - some time dead in 1799 - ditto.

William and Nicholas Stafford died around same time - ditto.

Taylor Trevor was a son of Henry Trevor - ditto.

Nicholas Savage conformed in St Brigid's church Dublin - D552/8/1/3

Frances Stafford was grand-daughter to Ursula Stafford. Ursula Stafford's executor was Michael Byrne of New Ross. D552/A/7/7/2

Matthew O Reilly was in residence at Knock Abbey in 1803 - ditto.

Matthew O Reilly - letter to Andrew Savage of Portaferry regarding payment of annuity on Knock Abbery. - ditto.

In 1781 Philip Savage disposed of his interest in the lands to Michael Bellew - Harvey.

James Savage and Ursula McCartan also had a daughter called Mary. James left Ł600 to Mary in his will -D552/72/1/170

Will of Andrew Savage Barrhall 1764. To his wife Elinor Savage Ł40. To his second son Thomas Ł60. Daughter Mary, wife of Henry Trevor. Son Edward. Grandson Andrew. Dated August 1764. Proved March 1766.

Perogative wills. Philip Savage of Barrhall1782. Philip Savage of Rock Savage 1781.

Sir John Bellew laid claim to estate in 1729.

The court dismissed Sir John's claim in 1740. Sir Edward, Sir John's son appealed the case to the House of Lords - March 1742.

Document in NL. Sir John Bellew Appellant. Philemon and Mary McCartan Apellants. Heard before the House of Lords 7th March 1742. doc 31964 NLI.

In1749 Philemon McCartan leased 300 acres in Mountbellew to Christopher Bellew for Ł80 annual rent.

Roger Bellew came into possession of the Galway estate in 1655.

In 1720 Mary Fleming married Philemon McCartan. Legal case. By not marrying a Bellew mary forfeited the right to inherit. Case brought by John Bellew and others.

Roger Bellew had two sons and Patrick and William and a daughter Ursula, widow of ? Fleming. Their daughter was Mary who married Philemon McCartan.

Ursula, sister to Mary died in 1728.

Thomas Hore's discovery bill 10th Nov 1764.

James, only son of Philip Savage died in October 1782 aged 10 years.

Match was proposed between Mary and Michael Bellew - father to Christopher D Bellew?

Mary married Philemon McCartan in 1718.

Mary McCartan died 1758. Will Ł17 a year to Savage until he becomes of age and afterwards Ł50 per year out of Thomastown and Ł10 per year to their grandson Nicholas Stafford.

Patrick Bellew died 1729 unmarried.

1643 - testimony signed by Owen Roe O Neill signed on behalf of Lieut General John Bellew 19th Sept 1643.

Philip Savage died 10th Dec 1781.

In 1736 Philemon McCartan entered into a treaty with Tennyson for sale of Thomastown.

Court proceedings: Brief on behalf of C.D. Bellew defendant. Francis Ann Stafford plaintiff. Further defendants - Andrew Savage, Christopher D Bellew, James Bolger. Michael Bellew owed Philip Savage Ł1046. Philip Savage died 10th December 1781. Philip provided for the education of his son James Savage. Michael Bellew and Taylor Trevor were executors. James, son of Philip died October 1782 - a minor. Administration was granted to his grandmother Ursula. Michael Byrne became sole executor - other two pulled out.

Philemon McCartan had two daughters - Ursula and another. The latter died unmarried.

Philip Savage lived with his aunt, a Mrs Russell at Ballymurphy. At 15 or 16, he was taken from her by Patrick Savage of Portaferry and sent to Dublin. While in Dublin he was under the care of Edward Savage.

In 1780 Philip Savage wrote to Mr Bellew with a view to selling his interest in Mountbellew lands.

Philip Savage married Logan, a Presbterian.

Ursula Bellew married Captain Francis Flemming in 1710.

James Savage died 1749

Philip Savage died 1781

Philip Savage died 1758.

Mary - mother of Ursula died 1760

James Savage had daugter Mary - mentioned in his will.

James Savage in his will made the following stipulation in the event of both Philip and Mary dying. Bothe shares to go to his nephew Andrew Savage. In case he should die - nephew Patrick Savage to inherit. His wish was to be interred in Downpatrick cathedral.

Philip Savage conformed 21st February 1763.

Philip Savage was church warden of Saint Brigid's church 12th June 1763. In his will Philip left Mountbellew lands to Michael Bellew.

Patrick Bellew spent his final years in Faranfad and Dumnacoyle County Down.

Matthew O Reilly was a great grandson of Myles the Slasher.

Philip Savage was born in Ballyminish House.

In Dublin Philip Savage resided at the residence of his uncle Thomas Savage in Capel Street.

Philip Savage owned a holding in Ballyvarley in 1767.

Ursula Stafford died in June 1803.

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Sale Brochure for Knock Abbey

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Knock Abbey

Louth

Dundalk

On c. 30 Acres

This outstanding Castle steeped in history dates back to the 15th Century. Knock Abbey ( known earlier as 'Thomastown Castle'), was a tower house typical of those throughout Co Louth, being four stories high with a barrel - vaulted , stone flagged ground floor. Stone steps from the fore court area lead up to what had original been a large hall entered into the by the existing Georgian Gothic doorway. The tower house had been added to by a three storey Georgian wing and also an early ninetieth century Gothic wing. In 1922 a portion of the residence was destroyed in a fire and sympathetically rebuilt in 1925.

The property is surrounded by impressive gardens accommodating many species of ornamental specimen, colourful rhododendrons, azaleas and roses. Approached via a winding avenue flanked with mature stands of oak , beech and many varieties of ornamental trees, the property is totally sheltered and private. Standing proud on 30 acres the meadows run down to an old lake and forest alive with natural beauty and wildlife boasting wonderful country walks. The Castle enjoys beautiful views over the rolling country side to distant hills.

~ Accommodation ~

Entrance Hall, Inner Hall/ Staircase, Utility Room, Kitchen/ Breakfast Room, Drawing Room, Bedroom (ensuite), Dining Room, Breakfast Room/ Office, Former Kitchen, Second Staircase Hall. MAIN STAIRCASE: 8 Bedrooms, Bathroom, Chapel. SECOND FLOOR: 5 Bedrooms.

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Knock Abbey

Louth

Dundalk

On c. 30 Acres

~ Accommodation ~

~ Outside ~

Rear courtyard with good range of stone and brick built buildings including stone cottage. Outer yard with concrete base and stone built lofted outhouses including four arched coach houses and stores. The gardens are beautifully laid out in old lawn surrounding the Southern and Eastern sides of the Castle. The surrounding paddocks are dotted with beautiful oak, sycamore, horse chestnut and beech trees. These grounds are full of wild life and natural beauty having been unspoiled for many years. There is a water supply to the paddock. The lands extend to c.30 acres in total.

~ Services ~

Water from group scheme and well, septic tank, oil fired central heating , mains electricity and telephone.

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