Esq. 30th July 1861. E. Walmisley, Moherdoole and Cragg Inercliffe with five cartrons in Killnuo Craggenboy & Tourreguish and all other the pcells placed in order after the sd five cartrons are in mortgadge to the sd Connor for señall sumes of money & goods and are seated in the sd county of Clare together wth all other his lands tenñemts & hereditamts weh he hath in the sd county either by absolute estate in fee simple or by fee simple in mortgadge or fee taile or other estate of inherittance To have and to hould all & singular the Pmisses wth their & euie of their members parcells appendances & appteñnces wth the reusion & reusions rent and rents remainder & remainders of the same & of eũie part thereof wth all the castles houses woods underwoods fishing weares mills milseates wth all other the lands tennemts & hereditamts to the Pmisses in anie way belonging apptaineing or being part member or parcel of the Pmisses or of anie pte thereof unto the s John McNemarrae & Therlagh McMahowny their heires & assignees and to the surviv of them his heires & assignees for eu to the uses hereafter expressed & declared and to noe other use to be helde of the chiefe lõ or lords of the fee or fees by the services usuall & of right accustomed and the sd Connor ô Brien all and singular the Pmisses to & for the s John McNemarra & Therlagh McMahowny and to & for the survivor of them his heirs & assignees shall warrant & defende against all manner of persons. And this indenture further witnesseth that the sd Connor o Brien hath nominated appointed & authorized his welbeloved friende Flan o Nealan to the Pmisses or to anie part thereof in name of the whole to enter and thereof or of anie part thereof in name of all the Pmisses to deliver actuall possession liverie & seisin to the sd John McNemarrae and Therlagh McMahowny or to anie one of them to the use of them both to inure to them & their heirs according the true meaning of this deede and to the uses hereafter expressed and declared. The intent true meaning and consideračon of the said deede of feoffiment and of the liverie and seisin thereupon executed is and at the time of perfection thereof was that the said John McNemarrae and Therlagh McMahowny the feoffees in the sd deede named and the surviũ of them and his heirs shall stand seized of the sd castle towne & lands of Leymenneh Cahirmoell Cahirfaddae the castle & lands of Ballyvorroghowe Ballyportrei & Cluonyne & of the half qutermeere of Mohernwelanagh aforesaid with all & singular the rents issues & pfits of the Pmisses & of eũie part thereof with all the members pcels appendances & appteñces thereunto belonging or appertaineing for & to the use of the said Connor ô Brien & the sd Mary his wife during their lives & the life of the longer liver of them the remainder to Donnogh O'Brien sonn & heir apparent to the sd Connor by him begotten on the boddy of the sa Mary & the heirs males of his boddi the remainder to Teige O'Brien second sonn to the said Connor & Mary & to the heirs males of the boddi of the sa Teige & for lacke of such issue the remainder to Therlagh O'Brien third sonn to the said Connor & the heirs males of his boddy the remainder to the fourth issue male of the boddie of the said Connor begotten or to be begotten on the body of the s Mary the remainder to the fifth sixth seaventh eight neinth & tenth issue male of the boddi of the sd Connor to be begotten on the boddi of the sa Mary & to the heirs males of the boddi of such issue male respectively & successively to enjoy the sa estate as thei shall be in seniority the remainder to the heires males of the boddi of the sd Connor the remainder to the heires males of the boddi of Donnogh O'Brien deceased late father to the sd Connor the remainder to Morrogh lord barron of Inshiquine & to the heires males of his boddi the remainder to Christopher o'Brien brother to the sd lord baron & to the heires males of his boddi the remainder to the right heires of the sa Connor o Brien the feoffor for eu. And the sa feoffees & the survivor of them his heires & assignees shall stand seised of all other the castles lands tenemts hereditamt mortgadges rentes reusions and remainders in this deede inserted to the use of the sd Connor O'Brien until his daughter Onora Brien shall attaine to the age of sixteene yeares and after her coming to the så adge of sixteene yeares then the sd feoffees are to stand seised of all the sd lands tenements & hereditamts lymitted to the sd Connor during her non adge to the use of the sa Onora untill out of the issues & pfitts thereof she shall receave the sum of six hundered poundes sterf towards her Pferment & after the Esq. the sd six hundered poundes receaved then to the use of Mary ny Brien second daughter E. Walmisley, to the sd Connor until shee shall out of the issues & pfitts of the sd lands lymitted to the sa Onora as afores receave foure hundered poundes stert towards her pferment and 30th July 1861. after the sd four hundered poundes satisfied then the s feoffees are to stand seized of the så lands to the use of Slany ny Brien third daughter to the sd Connor until shee shall out of the issues & pfitts thereof receave three hundered poundes sterk towards her pferment & after such Pferment made then the sa feoffees are of the sa lands lymitted for payment of the sa portions to stand seized towards the payment of twoe hundered poundes ster to each other of the daughters of the sa Connor begotten on the boddi of the sd Mary out of the issues & pfitts thereof successively one after the other as each of them shall be in senioritie beginning first with the eldest and if the sd Connor shall dye without issue male of his boddi then the sd feoffees are of all the lands contained in this deede to stand seised to the use of the sa Onora ny Brien until out of the issues & pfitts thereof shee be payed of one thousand poundes ster for her Pferment and after such payment made then to the use of the sd Mary the second daughter untill shee out of the issues & pfitts thereof be payed of the sume of eight hundered poundes ster for her Pferment & after such payment to the use of the s Slany untill shee be out of the issues & pfitts of the sd lands payed of six hundered poundes ster for her Pferment Provided that this lymitačɔn shall not extend to take away from the sd Mary the sd Connor's wife during her life the benefit of anie part of the estate lymitted to her for her jointure Provided likewise that the sd daughters shall not marrie but with the consent of the sa feoffor & feoffees or with the consent of twoe of them whereof the sd Connor to be one Provided likewise and it is the intent of all the pties to this deede if anie of the sa daughters shall dye before her preferment that the portion of her soe dyeing shall be and remaine to the surviving daughter or daughters the remainder of all & singular the said lands castles tenements and hereditaments not lymitted to the sa Mary for her life to the s Connor during his life the remainder to the sd Donnogh & the heires males of his boddie the remainder to the said Teige and the heires males of his boddie the remainder to the så Therlogh and the heires males of his boddi the remainder to the fourth fifth sixth seaventh eight neinth & tenth issue male of the boddi of the sd Connor to be begotten on the boddi of the said Mary & to the heires males of eûie such issue male successively one after the other as they shall be in seniority beginning first with the eldest the remainder to the heires males of the boddie of the sd Connor the remainder to the heires males of the boddi of the said Donogh O'Brien deceased late father to the sa Connor the remainder to the sa lo barron of Inshiquine & the heires males of his boddie the remainder to his brother Christopher O'Brien & the heires males of his boddi the remainder to the right heires of the sd Connor ô Brien the feoffor for ever Provided and soe is the intent of all parties that the sd Connor the feoffor (if necessarie occasion will require it) may notwithstanding anie of the former ly mittations mortgage anie twoe quters of the sd lands for three hundered poundes & noe more Provided also if Margrett ny Brien sister to the sd Connor be not Pferred in the lifetime of the sd Connor that then the said feoffees and the survivor of them notwithstanding anie of the former lymittačons shall out of some part of the issues & pfitts of the sd lands lymitted to satisfie the sa portions pay unto the sd Margrett two hundered poundes ster at such gales & time as the sd feoffees or the survivor of them or his heires shall lymitt pvided the sa Margrett doe marrie with the consent of Onora Wingfield her grandmother In witness whereof the sa parties feoffor & feoffees have to these presents interchangeably put their hands & seales the day & yeare first above writen. (Signed) Being Psent when the within named feoffor Connor O'Brien signed sealed & delivered this deed of feoffin' as well to Therlogh McMahon one of the feoffees of trust ŵthin named in the name of himselfe & the other feoffee within named as also to the thin named Flan Nealan atturney for delivering of possession lyũie & CORNEL BRIEN. Esq. E. Walmisley, seisin to inure unto the sd feoffees and their heirs according to Lord Inchiquin. the intent purport & true meaning of this deede Wee whose 30th July 1861. names doe ensue (and when the words vizt before her Pferment) were interlined between the twoe last lines in the first peece of this deed. No. 15. WILLIAM McENCHARIGY. Being alsoe present when the said attorney Flan Nealan actually entered into the within mentioned castle of Leymeneh and thereof in name of all the whole lands ŵthin granted delivered actuall põssion liuie & seisin to the thin named feoffee Therlagh McMahon to the use of himselfe & his other cofeoffee to inure to them & their heires according the intent and true meaning of this deede Wee whose names ensue. TER NEYLLAN. TEIGE MCMAHON. HUGH CHROe. WILLIAM M'ENCHARIGY. '; (Mr. Hodgson to Mr. Walmisley.) Do you produce a correct Copy of that Indenture? I do (producing the same). The same was delivered in. Mr. Hodgson stated, That for the purpose of connecting together the Two Indentures of Feoffment which had been delivered in, he proposed to put in an original Indenture, dated 3d July 1644, being a Settlement made by Murrough, Sixth Lord Inchiquin, on the Marriage of his Brother Christopher O'Brien with Mrs. Honora Clanchy, alias Mahon. (Mr. Hodgson to Lord Inchiquin.) Do you recognise this Indenture of the 3d of July 1644 as one of the Documents which you found among your Muniments of Title ? This indenture made the third daie of July in the yeare of or Saviour's incarnation 1644 betwixt the right hoñble Morrogh lo barron of Inchiquine on th one pte and Mr Terlagh McMahon of Clenagh in the com of Clare on th oth pte witnesseth that the s lo barron for and in consideračon of a marriadge to bee had and solemnized betwixt his brother Christopher O'Brien esq and Mr Honora ny Mahon the relict of -Mr Boesius Clanchy of Cnockfin in the com of Clare late deceased and for the better advancemt and supportation of them and of the issue to bee begotten by the said Christopher O'Brien upon the body of the said Honora and for manie other good and valuable consideračons him the said lord barron hereunto moveing hath for himselfe his heires executors admors & assignes covenanted and graunted like as by theese pnts hee doth for himselfe his heires executors admrs & assignes covenant & graunt to & with the said Terlagh McMahon his heires executors adm" and assignes that the said lo barron his heires & assignes shall from henceforth bee & remaine seised of all & singular the said lõ barron his villadges lands tenemts rents reversions rems & heredits of & in Glaunamaunagh containeing seven plowlands and a halfe bee it more or less with the appurts thereunto or to anie pte thereof belonging or apptaineing with the tythes thereof and situate lyeing and being in the barrony of Burren in the said com of Clare to the sole peculiar and only use and behoofe of the sd Christopher O'Brien and Honora ny Mahon and the heires of both theire bodies lawfully to bee begotten & for wante of such heires as aforesaid then & imediately after the decease of the said Honora all & singular the premises & the use thereof to remaine and come and bee to the said lo barron of Inchiquine his heires and assignes for ever and that all and singular letes patents & other assurance & assurances wch shall bee at anie tyme or times hereafter made or passed unto the said lord barron of Inchiquine his heires or assignes or unto anie other pson or persons to his or theire use & uses or in trust or confidence for him or them or by his or their allowance direcčon or appointmt by the king's most excellent Esq. excellent mate his heires or successors or by anie other pson or persons whatsoever of E. Walmsley, the Pmisses lands tenements rents reversions remainders and hereditaments afore ts menconed with th appurteñces or of anie parte thereof or of any other lands or 30th July 1861. hereditam in the said com or elsewhere in lieu by reason or in recompence or satisfacon of the said Pmisses shall and inure to the use and behoofe of the said Christopher O'Brien and Honora ny Mahon & of the heires of both their bodies to bee begotten as aforesaid and after the decease of the said Honora without any such heires then and from thenceforth to the use and behoofe of the said lõ barron of Inchiquine his heires & assignes for ever Provided alwaies and upon condition that if the said Honora shall happen to die without any such heires or issue liveing and to bee begotten on her body by the said Christopher O'Brien that then & from thenceforth this pnte deede shall bee voide and of noe effect in lawe and that the use of all & singular the said Pmisses shall bee remaine & come to the said lord barron his heires & assignes for ever and that the person and persons then standing seised of the said Pmisses from thenceforth shall continue & stand thereof seised to the use and behoofe of the said lõ barron' of Inchiquine his heires and assignes for ever after whether the said Christopher O'Brien shall bee alive or dead at the tyme of the decease of the said Honora without such issue or heirs as aforesaid this deede indented or anie thing herein contained or the use thereby raised to the said Christopher & Honora as afores to the contrary notwithstanding And the said lo barron of Inchiquine doth for himselfe his heires execut adm & assignes further covenant and graunt to and with the said Terlagh McMahon his heires executs admrs & assignes all and singular the said misses unto the said Christopher O'Brien and Honora ny Mahon and the heirs of both their bodies to bee begotten as aforesaid to warrant defend & maintaine against the said lord barron his heires and assignes & against all & every other person & psons claymeing or deriveing anie estate or interest by from or under the said lõ barron his heires or assignes and also to make such & so manie further & other assureance & assureances conveyance & conveyances estate & estates of the Pmisses with speciall warrant as aforesaid to the uses & upon the condition aforsaid at the proper costs & chardges of the said Christopher O'Brien & Honora ny Mahon or either of them or of the heires of both theire bodies to bee begotten as aforsaid soe that the said lord barron his heires or assignes bee not driven to travayle for the makeing or pfecting thereof as the said further & other assurance & assurances conveyance & conveyances shall be reasonably devised or advised by the learned counsell in the law of the said Christopher O'Brien or Honora ny Mahon or of the heires to bee begotten by the said Christopher on the body of the said Honora as aforesaid Provided that the said lõ barron his heires or assignes shall not bee compelled to warrant the Pmisses against any leases made of the Pmisses & as yett unexpired In witness whereof the pties aforesaid have hereunto interchangably putt theire hands & seales the daie & yeare first above written. Noverint universi per presentes nos Murrogh dominus barrone de Inshiquin Edmondum Hogan de Moghill in com Clare gener Patritiu Hogan de Kilenemona in eod com gener et Mlaghlen Oge o'Hehin de Oan in com pa gener tener et firmiter obligari Terentio als Terlagh Oge McMohon de Clenagh in eod com armiger in mille libris ster bonæ et legalis monetæ Angliæ solvend eid Terentio als Terlagh Oge McMohon executoribus sive administrationibus suis ad eius et eor cuiuslibet beneplacit et voluntat ad quaquid solutione bene et fideliter faciend obliga nos et quemlibet nostr hered executor et administratores nostr et cuiuslibet nostr firmiter per pntes sigillis nostr sigillat dat tertio die mensis Julii año Dñi 1644. Whereas the bove bounden Morrogh lord barron of Inshiquin by his indented deed bearinge date with th above bond hath covenanted & granted to and wth th above Esq. 30th July 1861. E. Walmisley, named Terlagh M Mohon to stand be and remain scized of the villadges lands tenements and hereditaments of Glanamanagh in the barrony of Burren in the countie of Clare aforesaid to the use of his brother Christopher O'Brien and Honora ny Mohon the relict of Mr Boetius Clanchy of Knockfin late deceased & of the heirs of both their boddies to be begotten wth such limitations & restrictions as are in the said deed expressed as by the said deed indented more at lardge appeareth The condition therefore of the above bond is such yf the said Christopher O'Brien and Honora ny Mohon and the heirs males of both their boddies to be begotten according the intention of the said deed shall & may quietlie have hould & enioy the said lands tenements & hereditaments accordinge the limitations of the said indented deed & uppon the promises & conditions therein expressed without the suit lett hinderance molestation or eviction of any person or persons whatsoever clayming or defuing any estate or interest in the Pmisses bi from or under the said lord barron his heirs or assignes and freelie acquitted disburdened dischardged and saved harmeless of and from all former states jointures dowers judgments executions extents liveries & other incumbrances whatsoever wherewith the Pmisses or any part thereof may be any way chardged or incumbr❜d bi reason of any act or acts thing or things estate or estates conveyance or conveiances perpetuated or exted by the said lord barron or any of his ancestors or bi any other heretofore seised of the Pmisses to the use of the said lord barron or of any of his ancestors and yf the said lord barron his heirs & assigns shall & doe performe fulfill accomplish observe & keepe all such covenants as are contayned & mentioned in the said indented deed & wh on his & their part are and ought to be performed fulfilled observed & accomplished for the better assurance & securitie of the Pmisses lands & hereditaments accordinge the use & uses mentioned & expressed in the said deed indented Provided always that yf the said Honora shall happen to die without issue begotten on her boddie by the said Christopher O'Brien that then the said bond shall be utterlie void otherwise the same to stand & be of full force & vertue in lawe. Mr. INCHIQUINE. Being pnte when the bove bounden lord barron of Inchiquin signed L.S. W. T. Peacock. Then Mr. WILLIAM THOMAS PEACOCK was called in; and having been sworn, No. 16. Earl of Inchiquin to be restored to his Estate, and was examined as follows: (Mr. Hodgson.) Do you produce examined Copies of certain Sections of the Irish Statutes of the 14th and 15th and 17th and 18th of Charles 2d? I do (producing the same). Have you examined them yourself, and can you state that they are correct Copies? The same were read as follows: 1662. [Extract from Declaration embodied in] An Act for the better Execution of His Majesties gracious Declaration from the Settlement of His Kingdom of Ireland, and Satisfaction of the several Interests of Adventurers, Souldiers, and other his Subjects there. 14° & 15° Car. 2. Cap. 2. * XV. And whereas the Earl of Inchiquin hath been dispossessed of his Estate for his eminent Service and adhering unto us, and is now by Act of Parliament ordered to be restored to his said Estate, we are graciously pleased hereby further to declare those removed that he be accordingly restored to his said Estate, and that such who shall thereby be removed and are justly capable of Reprize, that they shall be reprized as others in like Cases are to be reprized. if capable reprised. Divers specially meriting XXV. 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 |