His eldest brother, the 2nd duke of Ormond, got involved in the
Jacobite rising of 1715. He was impeached for
high treason by
Lord Stanhope on 21 June 1715. He was
attainted by the
Attainder of Duke of Ormonde Act 1714 (
1 Geo. 1. St. 2. c. 17), whereupon all his honours were assumed to have been forfeit. In 1721 Arran was allowed by act of the British Parliament, the
Crown Lands (Forfeited Estates) Act 1720 (
7 Geo. 1. St. 1. c. 22), to buy back the family estates that had been forfeited under his brother's attainder. Arran participated in the
Atterbury Plot of the early 1720s. and should have been the commander of all Jacobite forces in England and Ireland. But the plot was betrayed and the rising never took place. On 2 January 1722, the
Old Pretender (Jacobite "King James III") created Charles Duke of Arran in the
Jacobite Peerage of England.{{Sfn|Ruvigny|1904|p=14, line 2|ps=. "On the 2nd of January 1722 he was as 'Charles Butler' created by James III and VIII Duke of [?Arran] {E} with remainder to the heirs male of his body ..."]}} On 16 November 1745 N.S., his brother died in
Avignon. It was later ruled that the attainder, enacted by the
Parliament of Great Britain, applied to his British titles (i.e. those in the Peerages of
England and
Scotland) but not to his Irish titles. Lord Arran therefore
de jure succeeded on his brother's death on 5 November 1745 as 3rd Duke of Ormonde in the
Peerage of Ireland, but was not aware of this succession and never assumed the title. The attainders of the
Barony of Butler (of Moore Park) and the
Lordship of Dingwall would be reversed in 1871. It, therefore, matters how the claims to these titles were transmitted. Both these titles had the particularity of being able to pass through the female line. In 1745 the claim to these titles, therefore, passed to Elizabeth Butler, his brother's only surviving child, who would therefore have been Baroness Dingwall and Baroness Butler in her own right (
suo jure). Elizabeth died unmarried in 1750 and the claims passed to Arran, her uncle. == Death, succession, and timeline ==