"The Answeare of Cornet John Cooper and Mary his wife defts; to the Bill of Complaint of "Christopher O'Bryen complt.

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"The defts doe first say That the pft being out of his Nation and haveing noe just cause of acction against these defts but is rather subiecte to iust challenges of theirs they ought not (as they humbly conceive) "to make answeare thereunto before they be satisfied by what authority the suite is comenced against them "and the pits fre of Attorney be produced and proved and security entred to pay unto these defts their costs (if soe adiudged) upon the hearing of the cause yett for the more expedition and sattisfacon of the Courte. "These defts when they shal be satisfied of the said doubts and saveing unto themselves the benefitt of any exception that may be made or taken of the said Bill for answeare say, That true it is that the deft "Mary possessed herselfe of the goods and chattels mentioned in the annexed Schedule being the true Inventory of the goods which her sister Honora the plifs wife had in her possession at the time of her death "that came to the said Maryes hands. They say that the said goods and chattels in the said Schedule " mentioned were of the proper estate of Boetius Clanchy the elder former husband of the said Honora which "the deft Mary of her owne knowledge and the said John Cooper by her relation averr that the sd Boetius Clanchy the elder by his last Will and Testament demised and gave the moyty thereof to his said wife "Honora and the other moyty to his next heire and appointed Sir Dermott o'Saghnussy and others his "executors upon whose disclaymer the administration of the said goods and psonall estate of the said Boetius was comitted to the said Honora by vertue whereof shee possessed herselfe of the said psonall estate to the "value of 5000li and upwards And afterwards tooke to husband the plt Christopher O'Bryen upon which "intermarriadge it was covenanted and agreed amongst other things between the said Honora and the plt "That in case shee should dye without issue between her and the pft the said Honora should have liberty to dispose of 500li as the iust value thereof to her owne disposition upon her last Will and Testament They "further say that the said Honora a little before her death did devise and bequeath the sd 500li to the deft Mary "and dyed without yssue by virtue whereof the płt being then absent out of this dominion shee the deft Mary "confesseth shee possessed herselfe of the said goods in the Schedule specifyed being of much lesse value than "her said sister intended for her She sayeth further that under coullor of the said legacy she was driven to pay " and discharge to the credittors of the said Honora about 240li ster as shee hopeth to prove And that Boetius Clanchy the younger having proved himselfe next heyre to the said Boetius the elder layd clayme to the "said psonall estate being farr lesse than the bequest made unto him by the said Boetius the elder and hath "taken out tres of administrčon and thereupon threatened to sue these defts for his interest in the said "estate and they these defendants having taken advice therein were resolved they could not justify the detayning "of the said goods against his challenge being entituled to the moiety thereof by the Will of the said Boetius "the elder descended to a compromise with him whoe upon good and valuable considerations did release for and "concerning the said small remnant of the said psonall estate. They further say that the plt (as they conceive) "hath noe right or entrest therein but is rather subiect to and liable to the defts for the aforesaid 500i left to "the disposition of Honora as aforesaid and accomptable to the said Boetius the younger for the wast and "spoyle comitted by him and the said Honora upon the moyty of the said goods devised unto him by his " ancestor Boetius the elder. All which matters these defts will be ready to averr and prove having a Therefore they humbly pray to be dismissed with their costs uniustly

"competent tyme soe to doe

The Statute (Irish) of the 14 and 15 Chas. 2 (1662) chap. 2, being "An Act for the better execution of "His Majesties gracious declaration for the settlement of his Kingdom of Ireland and satisfaction of the "several interests of adventurers souldiers and other his subjects there."

Sec. XV [of Declaration therein embodied.]

Earl of Inchiquin to be restored to his

"And whereas the Earl of Inchiquin hath been dispossessed of his estate for his eminent service and Estates, and those removed, if capable, "adhering unto us, and is now by Act of Parliament ordered to be restored to his said estate, we are reprised.

graciously pleased hereby further to declare, that he be accordingly restored to his said estate, and that such "who shall hereby be removed and are justly capable of reprize, that they shall be reprized, as others in "like cases are to be reprized.

Sec. XXV. [of said Declaration]. "And whereas divers persons for most of whom a general provision “is made by this our Declaration have for reasons known unto us in an especial manner merited our grace and "favour, particularly The Earl of Clanrickard

"Colonel Christopher O'Bryan

The Lord Viscount Taaffe

we do hereby declare that they and every of them "without being put to any further proof shall be restored to their former estates according to the rules and "directions in the last foregoing clause of this our Declaration concerning such as continued with us or served faithfully under our ensigns beyond the seas many of whose names hereafter follow.

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The Statute (Irish) of the 17th and 18th Charles II. (1665) c. 2 being "An Act for the explaining of "some doubts arising upon an Act entituled 'An Act for the better execution of His Majesties gracious "Declaration for the Settlement of his Kingdom of Ireland and satisfaction of the several Interests of "Adventurers Soldiers and other his Subjects there' and for making some alterations of and additions "unto the said Act for the more speedy and effectual Settlement of the said Kingdom" which mentions that Christopher was dead without issue.

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Divers specially meriting favour

shall without further proof be restored as above.

restored in former Estates truly be longing to them, 22nd October, 1641.

Act settled in their

Sec. LVII. "And be it further enacted by the authority aforesaid That the Earl of Clanrickard, Earl of Persons particularly "Castlehaven, Murrough Earl of Inchiquin and such others who are particularly mentioned "in the said former Act to be restored to their estates and therein and thereby are actually restored without any previous reprisal and their and every of their executors and assigns shall stand and continue restored "to and vested in such their estates thereby intended and shall have and enjoy the lands tenements and "hereditaments and all other benefits and advantages of the said former Act in such manner and form and for "such estates and with such privileges immunities and discharges respectively as in and by the sd former Act are mentioned and expressed.

Sec. LVIII. "Nevertheless it is hereby declared that this restitution and confirmation is not to extend "to any lands tenements or hereditaments other than such as did truly and without fraud, upon the 22nd "of October 1641 belong to and were enjoyed by the said persons or some of them or some of their ancestors or heirs or were in the possession and seisin of some others in trust for them or some of them or be particularly expressed in the several and respective clauses of the said former Act.

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Sec. CXVIII." And whereas Col. Christopher O'Brien was appointed by His Majestie in his late Lord Inchiquin re"gracious declaration to be restored unto his estate as one who in an especial manner had merited His Majesties stored to Estate of Christopher grace and favour and was afterwards in pursuance of His Majesties orders put into possession thereof by the O'Brien, to whom "Sheriff of the county of Clare in which county the said estate doth lye notwithstanding which if the same possession had been delivered by the "should be strictly examined according to the rules of the said former Act it may be doubted whether such Sheriff upon doubt "delivery of possession were legal and whether the lands so delivered do not still remain subject to the uses of whether such deli“the said former Act and this present Act And whereas the said Christopher O'Bryen is lately dead without very strictly legal. "issue and all his estate right title and interest descended unto and upon Morogh Earl of Inchiquin his next " and immediate brother and heir, be it therefore enacted by the authority aforesaid that the Commissioners “for execution of this Act shall forthwith restore unto the said Morogh Earl of Inchiquin and his heirs the

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present and actual possession of all and singular the castles houses mannors lands tenements and hereditaments "which the said Col. Christopher O'Bryen or any other in trust for him or to his use had held or enjoyed upon the 22nd day of October 1641 or at any time since, the lands tenements and hereditaments formerly "belonging to the said Christopher O'Bryen and now in the possession of Pearce Creagh except which are "hereby granted and confirmed unto the said Pierce Creagh and his heirs and shall likewise set out and allot "unto the said Earl of Inchiquin and his heirs so many acres more undisposed and forfeited lands as may be equal in quantity of acres to the sd lands held by the said Pierce Creagh and from and after such restitution "and allotment so made as aforesaid the said Morogh Earl of Inchiquin shall hold and enjoy to him and his "heirs all and singular the messuages lands tenements and hereditaments so as aforesaid restored and allotted "and all and every the persons transplanted unto and upon any part of the premises their heirs and assigns "shall have such satisfaction out of the forfeited lands undisposed of to English Protestants as the Lord “Lieutenant and Council of Ireland shall think fit after the several interests of His Majesties Protestant subjects in Ireland have been fully satisfied and settled according to this Act anything in this or in the sd "former Act contained to the contrary notwithstanding."

PROPOSITION VII.

To Prove the succession of the said WILLIAM, SECOND EARL OF, and SEVENTH LORD, INCHIQUIN, and his death, in January, 1691 (at Jamaica), leaving issue male by his wife, the Lady Margaret Boyle, the daughter of Roger, Earl of Orrery, three sons only; namely, 1. WILLIAM, his eldest son (afterwards third EARL and eighth LORD); 2. HENRY, his second son (who died in infancy); and, 3. JAMES, his third and youngest son.

THE SAID WILL of the said Murrough first Earl of Inchiquin dated 1673, ante p. 19, which proves that William second Earl was his son.

Note.-The Parliament was dissolved on 7th August, 1666, and the next entry in the Journals is of the date of the 5th October, 1692, so that he died before he could take his seat.

INDENTURE dated 20th December, 1665, made between the Right Honorable Murrough Earl of Inchiquin of the first part, the Archbishop of Dublin, Richard Earl of Cork, Roger Earl of Orrery, and George Phillips of the second part, and William Lord O'Brien, son and heir apparent of the said Murrough Earl of Inchiquin and Lady Margaret Boyle, second daughter of the said Earl of Orrery of the third part (being a settlement executed in contemplation of the marriage, then intended between the said W. Lord O'Brien and the said Lady Margaret Boyle.)

This document proves the marriage of William the second Earl.

EXAMINED OFFICIAL COPY of the Will of William (second) Earl of Inchiquin, from the Prerogative Court of Canterbury, in which he speaks of his wife, his eldest son William, and another son, James, but of no other son:

"In the name of God Amen I William Earl of Insiquin their Majesties Lieutenant and Governor "General of the Island of Jamaica being sick and weake in body but of sound mind and memory thanks be to

"God doe make and ordaine this my last Will and testament in manner and form following

"And whereas my father settled his estate in his lifetime on me whereby the same must descend accordingly "on my eldest sonne William O'Bryan by meanes whereof hee is hereby well provided for I doe therefore hereby devise give and bequeath unto him the money or other effects in the hands of William Bridges Esq. "and Samuel Robertson of London merchant which I take to be considerable hee my said sonne paying £1,000 ster. for redemption of my wife's jewels which I hereby give unto my said wife. Item To my sonne "James O'Bryen I doe hereby devise give and bequeath all my money and other effects and concerns "whatsoever in the assients and all other my estate whatsoever here in America except what hereafter sha!! "be given or bequeathed in this my last Will and testament together with my interest and concerne in the shippe Adventure and cargoe And whereas before my departure from England I settled on my said sonne "James a certain rent-charge of £250 per annum issuing out of my mannor of O'Bryen's Bridge in Ireland "with power of revocation as by the sd instrument may appear I do hereby ratify and confirm in and upon my sd sonne James the sd annuity according to the true intent and meaning of the sd deed hee my sd sonne paying to my Lady Northumberland what I owe her being as I take it £300 or thereabouts and alsoe a debt "or debts which I owe in England to the value of £500 or thereabouts

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"Item. To my s sonne James I doe hereby devise, give and bequeath all my estate, right and title "whatsoever, of, in, and to my lands and tenements at Garran, to have and to hold to my said sonne, his "heirs and assigns for ever. And its my further will that my said sonne James pay to my said sonne William "Lord O'Bryen £500 ster., towards his redemption of my aforesaid wife's jewels. And I doe hereby further “ give unto my sd wife all my plate made up in Jamaica, and for my old plate, I give the same unto my gd "sonne William Lord O'Bryen. Lastly, I do hereby constitute and appoint my sd sonne

"James O'Bryen sole executor of this my last Will and testament.

"In witness whereof I have caused this my last Will and Testament to be made and contained in two "sheets of paper, and to each of them have sett my hand and seale this 14th day of January, Anno Domini "1691, and in the third year of their Majesty's reign.

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"INSIQUIN.

Signed sealed published and declared to be the last Will and Testament of the said William Earle of "Insiquin, in the presence of Simon Musgrave-Fulke Rose-Edm. Heath-George Reeve-Richd. Andrews

"St. Yago de la Vega, January 27th, 1691.

"Enrolled in the Office of Enrollments in Jamaica, the thirtyeth day of January, Anno Domini one "thousand six hundred ninety one. Edwd Broughty Secy."

"Primo die Mensis Aprilis Anno Domini Miltimo sexcentmo Nonagamo tertio emanavit Commissio "prænobili et Honorando Willimo Comiti de Insiquin in Regno Hiberniæ executori testamenti Honorabilis "Jacobi O'Bryen Arm Defti (dum vixit) filii executoris et legatarii residuarij nominati in Testamento dicti "defuncti habentis &c. Ad Adstrand bona jura et credita dicti Willi Brien Comitis de Insiquin defti juxta "tenorem et effectum Testamenti ipsius defti eo quod dictus Jacobus O'Bryen Ar executor &c. Antequam "onus execonis dicti Testamenti in de acceptassit satis cessit. De bene et fideliter admstrand eadem ad "saneta Dei Evangelia jurat."

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PROPOSITION VIII.

To Prove the deaths, without issue male, of CHARLES and JOHN, the two younger sons of the said MURROUGH, first EARL of, and sixth LORD, Inchiquin.

FUNERAL ENTRY purporting to be signed by William second Earl of Inchiquin, dated 23rd November, 1685, and which states that the above named Charles was killed at the siege of Maestricht, unmarried, vide ante p. 20.

EXAMINED OFFICIAL COPY of the Will of Colonel John O'Brien, from the Court of Prerogative in Ireland, in which he mentions his father, Murrough, Earl of Inchiquin, and of his wife Honora, but no children are mentioned.

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"In the name of God, Amen. I Colonel John O'Brien, of Newhall, in the county of Clare, declare this to be my last Will and testament this sixteenth day of November, 1708. First. I bequeath my soule to Almighty God, my Creator and Redeemer, and my body to the earth, from whence it came, to be decently "buried by my executrix hereafter named at St. Mary's Church, in the citty of Limerick, where my father "the Right Honorable Moragh, Earl of Inshiquin, was buried. Item. I bequeath and

"leave unto my well beloved wife, Honora O'Brien als Geoghegane (after my debts being paid, and my funeral expences discharged,) all and singular my goods, chattels, rights and credits which I shall be possessed of at "the time of my death, and all other debts, challenges, dues and demands whatsoever which I have or ought "to have to or against any person or persons whatsoever. Item. I doe by this my last Will and Testament ratify and confirme the former deede or grant by me made to my said married wife, "which deed

in and bearing date the 20th day of March, Anno Domi 1703. Itť "I ordaine and it is my will that my married wife, Honora O'Brien als Geoghegane, be sole executrix of "this my last Will and Testament. In witness thereof I have hereunto put my hand and seal the day and year first above written."

"Probatum et approbat in communi Juris forma actisque Curiæ Reg. Prerogae &c. Insinuat fuit "testum superscript Johannis O'Brien nup de Newhall in com Clare arm. defti (hen &c.) necnon onus "execucis ejusdem et admo Bonor &c. dti defti concess fuer et sunt per Revsimum Patrem Narcissum &c. necnon Jud &c. Honora O'Brien vid and relict dti defti necnon unica Executrici in dto Testamento dti "defti nõiat prius ad sta Dei Evang. virtute Comiss jurat (salvo jure &c.) Dat septimo die mensis Februarij "Año. Dñi. 1709, et het pro inventario in vel citra ult. Diem mensis Augusti proxõ futuri.”

PROPOSITION IX.

To Prove the succession of the said WILLIAM as THIRD EARL OF, and EIGHTH LORD INCHIQUIN, and who took his seat in the House of Lords in 1695; his death in 1719, leaving issue male by his second wife, Mary, the daughter of Sir Edward Villiers (his first wife, Margaret, the daughter of James O'Brien, Esq., having died without issue in 1688), three sons only; namely, 1. WILLIAM (afterwards fourth EARL and ninth LORD); 2. CHARLES, who died without issue; and 3. JAMES.

THE FUNERAL ENTRY of William, second Earl of Inchiquin, ante p. 20, which mentions that his eldest son William, Lord O'Brien, was married to Dame Margaret, daughter of James O'Brien.