"Sir Edwd. O'Brien did by his last Will and Testament devise sev1. lands unto the sd. Sir Edward O'Brien during "his life, with remainder to his first and every other son in Taile male, and that the said Lucius O'Brien "was then entitled to sd. remainder, as being the eldest son and heir to the sd. Sir Edward O'Brien, and by "gd. deed of release or grant it was, amongst other things, covenanted and agreed by and between the 8d. "Sir Edwd. O'Brien and Lucius O'Brien, that they would, as soon as conveniently

"thereafter might be, joyn in levying a fine and suffering a common recovery in due form of law 66 so as to bar the sd. Estate Tail And whereas the sd. Sir Donatt. O'Brien dyed several years agoe, and that the sd. Sir Edwa. O'Brien, under and by virtue of the Will of the said Sir Donatt. "O'Brien, entered into and became seized and possessed, and is now actually seized and possessed, for the term "of his natural life, with remainder to the sa. Lucius O'Brien in tail, of the sev1. Towns, lands, tenements, and "hereditaments hereinafter mentioned, that is to say, Now this Indenture witnesseth that "the said Sir Edward O'Brien and Lucius O'Brien, for the Consons afs., and in order to bar, dock, "destroy and extinguish all estates taile for limiting and assuring the sd. Towns, lands, "tenements, and heredits, with their appurts, to the uses hereinafter mentioned "have, and each of them hath, demised, conveyed "and his Assigns, All that and those the sd. Towns, lands, "gd. sev1. Towns, lands,

unto the sd. John Armstrong To have and to hold the to the sa. John Armstrong and his assigns for and during the "life of the sa. John Armstrong, to end, intent, and purpose that the sa. John Armstrong, by virtue of "this deed and of the statt. made and provided, may become and be a good, perfect, and compleat tenant "of the freehold."

Note. The uses of the Recovery and of a fine are declared to be for the 8d. Sir Edward O'Brien during the term of his natural life, with remainder to the use of the sad Lucius O'Brien, in fee.

The deed is executed by all the parties, and duly attested, and a Memorial thereof duly entered, the 20th Dec. 1763 (Book 221, page 504, and Noa. 148834).

OFFICIAL EXAMINED COPY of Act of Parliament of Ireland of the 3rd George the Third (1764), "for "confirming certain Agreements between Sir Edward O'Brien, Bart., and Lucius O'Brien, Esq., his eldest son " and heir apparent, and for the more effectual security and immediate payment of the Debts of said Sir "Edward O'Brien, and for providing portions for said Sir Edward's younger children, and other purposes.

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"Whereas Sir Edward O'Brien of Dromoland, in the county of Clare, Bart., being seised in fee simple, or of the Equity of redemption in fee simple, or for lives renewable for the several lands, tenements, and "hereditaments hereinafter for that purpose particularly mentioned, and being also seised for the term of "his natural life of the sev1. lands, tenements, and hereditaments hereinafter for that purpose particularly " mentioned under the Will of Sir Donat O'Brien., Bart., his grandfather, and whose heir at Law he, the said "Sir Edward O'Brien, at present is, with remainder to his first and every other son in tail male. He the "sd. Sir Edward O'Brien, and Lucius O'Brien, of the city of Dublin, Esq., who is the eldest son, have "levied a fine." [&c.]

Note. Both the Dromoland and Lemenegh properties are (inter alia) affected by the provisions of this
Act of Parliament.

"Names of the Knights, &c., assembled in the 3a Session (which met 22nd Oct. 1765) of the Parliament " of Ireland, summoned to meet at Dublin, 19th May, 1761, 5 George the Third.

"Co. Clare.

"SIR EDWARD O'BRIEN.

"CHARLES MC DONNELL, Esq., in the room of the said

"B. ENNIS.

Warrant for

}

"SIR EDWARD O'BRIEN, deceased.

"SIR LUCIUS O'BRIEN, BART.

"Mercurii, 4o Die Decembris, 1765.

Ordered that Mr. Speaker do issue his Warrant to the Clerk of the Crown to make out "County of Clare. a new Writ for electing a Knight for the Shire to Serve in this present Parliament for the "County of Clare, in the room of Sir Edward O'Brien, Bart., deceased."

PROPOSITION XXIV.

To Prove that SIR LUCIUS HENRY O'BRIEN, BART., died in January, 1795, leaving issue by his wife Anne (the daughter of Robert French, Esq.), an eldest son, EDWARD, and who, thereupon, succeeded to the Baronetcy.

ORIGINAL ARTICLES of agreement bearing date the 24th day of May, 1768, entered into on the occasion of the marriage between Sir Lucius O'Brien and Miss French.

"Articles of Agreement indented, made, and concluded on the 24th day of May, 1768, between Sir Lucius "O'Brien of Dromoland, in the county of Clare, Baronet, of the first part; Robert French of Monivie, in the "county of Galway, Esq., of the second part; Anne French, only daughter of the said Robert French, of the third part; Sir Archibald Acheson, of Market Hill, in the county of Armagh, Bart., and Henry O'Brien, " of Blatherwyck Hall, in the county of Northampton, in the Kingdom of Great Britain, Esq., of the fourth << part; and the Revd. Wm. Digby, Dean of Clonfert, and Charles McDonnell, of New Hall, in the county of Clare, Esq., of the fifth part. Whereas, by an Act of Parliament passed in the fourth year of his present "Majesty's reign, intituled An Act for confirming certain Agreemts. between Sir Edward O'Brien, since "deceased, and the sd. Sir Lucius O'Brien, then Lucius O'Brien, Esq., eldest son and heir apparent to the said "Sir Edward O'Brien.

"And whereas the sd. Sir Edward O'Brien is since dead, and that the said Sir Lucius O'Brien is now entitled "to the said House and Demesne lands free from all incumbrances. And whereas a marriage is shortly "intended to be had and solemnized between the said Sir Edward O'Brien and the said Anne French."

Note.-Dromoland and Lemenagh are affected by the said Articles.

EXAMINED COPY of the Will of the said Sir Lucius O'Brien, dated 20th June, 1792, and proved in the Court of Prerogative of Ireland.

"I, Sir Lucius O'Brien of Dromoland, in the county of Clare, Baronet, And first, I do "hereby ratify and confirme certain deeds of indenture, bearing date the 16th and 17th of February, 1764,

"containing certain agreements between Sir Edwa O'Brien, Baronet, and Lucius O'Brien, Esquire, his eldest "son and heir apparent, and for the more effectual security and immediate payment of the debts of the said Sir "Edward O'Brien, and for providing portions for the sa Sir Edward's younger children, and for other purposes, as also an Act passed in the fourth year of his present Majesty's reign for confirming the same, hereby directing "that if any of the trusts in the said deeds or Act remain unperformed, the same shall, with all reasonable dispatch, "be performed and fulfilled. And whereas, by certain articles of agreement entered into, on or about the 24th, "day of May, 1768, previous to, and in consideration of my marriage with my dearly beloved wife, now Anne " O'Brien And I give to my eldest son, Edward O'Brien, all my And with respect to all my real estate in

pictures and household furniture

"fee simple, and by virtue of leases for lives renewable for ever, I do hereby will, devise, and bequeath the "same, subject as hereinbefore mentioned, to my eldest son Edwd O'Brien for his life, remainder to his first " and every other son in tail male remainder to Murrough, Earl of Inchiquin,

"for life, remainder to his first and every other son in tail male, remainder to Captain Edward O'Brien, brother "to the said Earl, for life, remainder to William O'Brien, Esquire, eldest son of the said Edward, for life "remainder to his first and every other son in tail male, remainder to my own right heirs

"And I do hereby constitute and appoint my said dearly beloved wife, and my said sons, Edward and Lucius,

my executors of this my last Will and Testament, which I do duly execute this 20th day of June, 1792. "LUCIUS O'BRIEN."

Note.-Executed and attested in the presence of three witnesses.

EXAMINED EXTRACT from the Register of Burials of the parish of Kilnasoola, in the county of Clare, so far as relates to the burial of Sir Lucius O'Brien in 1795:

"1795. Jany 18. Rt Honble Sir Lucius O'Brien, Bart. interred at Killinasulagh-he departed this life "the 15th."

JOURNALS of the House of Commons, in Ireland, of the year 1795:

"Jovis 22o die Januarii 1795.

"Ordered that Mr. Speaker do issue his Warrant to the Clerk of the Crown, to make out a new Writ for electing a Burgess to serve in this present Parliament for the Borough of Ennis, in the County of Clare, "in the room of the Rt Honble Sir Lucius O'Brien. Bart., deceased."

PROPOSITION XXV.

To Prove that SIR EDWARD O'BRIEN, BART., died 15th March, 1837, leaving issue by his wife Charlotte (the daughter and co-heiress of William Smith, Esq., of Cahirmoyle, in the county of Limerick), an eldest son, LUCIUS (born 5th December, 1800), who thereupon. became SIR LUCIUS O'BRIEN, and who, upon the decease without issue male of the RIGHT HONORABLE JAMES, third MARQUESS OF THOMOND, Seventh EARL and twelfth LORD INCHIQUIN, in 1855, as aforesaid, succeeded to the said title of LORD INCHIQUIN, granted in 1543 to MURROUGH the first EARL of THOMOND and LORD INCHIQUIN.

ORIGINAL ARTICLES OF AGREEMENT, dated the 12th November, 1799, made in contemplation of the marriage of Sir Edward O'Brien and the said Miss Charlotte Smith:

"Articles of Agreement indented, had, made, and concluded on the twelfth day of November, 1799, "between Sir Edward O'Brien of Dromoland, in the county of Clare, Baronet, of the first part; William

"Smith of Carmoyhil, in the county of Limerick, Esquire, of the second part; Charlotte Smith, the elder "daughter of the said William Smith, of the third part; Thomas Arthur, the younger of Glenogra, in the

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county of Clare, Esquire, and Robert Sanders of the City of Dublin, Esquire, of the fourth part; Robert "French of Monevea, in the county of Galway, Esquire, and William Furlong of the City of Dublin, Esquire, "of the fifth part; witness that the said Sir Edward O'Brien, in a consideration of marriage intended, by the "Grace of God, to be shortly solemnized between him and the said Charlotte Smith."

[&c.]

EXAMINED EXTRACT from the Register of Marriages of the parish of Killeely, in the county of Clare, of the 12th November, 1799:

" '99. Nov 12, Sir Edwa O'Brien and Charlotte Smith.

"License, R. GABBETT."

EXAMINED EXTRACT from the Register of Baptisms of the parish of Kilnasoola, in the county of Clare, so far as relates to the baptism of the Claimant, the present Lord Inchiquin, in 1800:

"Dec. 7, 1800. (Baptised) Lucius, son of Edward O'Brien, Bart., and Charlotte Lady O'Brien, "his wife."

Oral testimony in relation to the death and funeral, at Kilnasoola, of Sir Edward O'Brien, and that the present Claimant is Sir Edward's eldest son.

I

Copy Petition presented to the House of Lords, on the 30th June, 1856.

To the Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Ireland in Parliament assembled.

The Petition of the RIGHT HONORABLE LUCIUS BARON
OF INCHIQUIN (otherwise INSYKWYNE), of that
part of the United Kingdom of Great Britain and
Ireland called Ireland.

SHEWETH,

That your Petitioner's Ancestor, Murrough O'Brien, otherwise Murrough O'Breen, was, under and by virtue of Letters Patent under the Great Seal, bearing date at Greenwich the 1st day of July (1543), in the thirty-fifth year of the reign of his then Majesty King Henry the Eighth, created a Baron of the Parliament and of the Kingdom of Ireland, by the title, name and style of Baron of Insykwyne (or Inchiquin), in the said Kingdom of Ireland, to hold to him the said Murrough, and to the heirs male of his body lawfully begotten.

That the said Murrough, Baron of Inchiquin, died on or about the 7th day of November, 1551, having intermarried with Eleanor, the daughter of Sir Thomas Fitz Gerald, Knight of Glinn, and leaving issue of such his marriage three sons, viz., Dermod his eldest son, Teige his second son, and Donough his third and next youngest son.

That the said Dermod the eldest son of the said Murrough, and who, upon the decease of his said father as aforesaid, became the second Baron of Inchiquin, died in or about the year 1557, having intermarried with Margaret the daughter of Donough Earl of Thomond (his relative), and having had issue of such marriage, Murrough his eldest and only son, who was born in or about the year 1550, and who, upon the decease of his said father the said Dermod as aforesaid, became the third Baron of Inchiquin.

That the said Murrough, third Baron of Inchiquin, died on or about the 20th day of April, in the fifteenth year of the reign of her then Majesty Queen Elizabeth (1573), having intermarried with Margaret the daughter of Sir Thomas Cusack, Knight, Chancellor and Lord Justice of Ireland, leaving issue by such his marriage one son only and no more, namely, Murrough, who was born in or about the year 1563, and who, upon the decease of his said father as aforesaid, became fourth Baron of Inchiquin.

That the said Murrough, fourth Baron of Inchiquin, died on or about the 20th day of July 1597, having intermarried with Mabel the daughter of Sir Christopher Nugent, Lord Baron of Delvin, having had issue by such his marriage, Dermod his eldest and only son, who was born in or about the month of October 1594 and who, upon the decease of his said father as aforesaid, became fifth Baron of Inchiquin.