Documents from the Thomond Papers at Petworth House Archive1 ...

Archivium Hibernicum
Earl and them and the said Earl and his heirs shall at his and their proper
costs and charges in convenient time prosecute for the recovery of all such
possessions as now wrongfully are holden by any person or persons from
those parties or their sept or any of them and what lands or tenements
of the said thirteen quarters as now remaineth in their hands and which
shall be so recovered, shall within forty days next after such recovery at
their pleasures equally divided betwixt the said Earl his heirs and the said
parties by Connor McBrodyn otherwise McBrodye and Teig McBrodyn or
other indifferent persons and as both those parties shall elect and make
choice of that is to say the one moiety thereof to the said Earl or his heirs
and the other moiety to be assigned to the said Ownhye Donnogh and
Owne and to their issues forever and the said Earl doth for him and his
heirs and assigns hereby covenant grant promise conclude and agree to
and with the said Ownhye Donoghoe and Owny and their heirs and their
sept and that what ordinary or extraordinary charge or charges whatsoever
as shall hereafter be fallen or growing due upon the one moiety of the said
thirteen quarters of land the same shall be from time to time answered
and paid by the said Earl his heirs and assigns his and their tenements
according the proportions of that land so to be divided and allotted to the
said Earl his heirs and assigns.
And further the said Earl doth for him and his heirs covenant grant
promise conclude and agree to and with the Owhny Donnoghoe and Owny
O Maloune and their heirs and sept that he the said Earl and his heirs
shall hence forwards to his and their power assist and defend the said
Owhny Donnoghoe and Owney their heirs and their sept in all their just
causes and lawful possessions against all the disturbance of any person
or persons whatsoever pretending their disqueath, vexations molestations
or trouble therein, either by suit or otherwise to the performance of which
articles covenants and agreements aforesaid by each party the one to the
other as either of them have bind themselves the one to the other his
heirs and assigns in the sum of two hundred pounds of current money
sterling in England and each likewise to either parts of this indented
articles interchangeably set their hand and seals dated at Limerick the 23 rd
Day of September 1606. 150 Both indentures are bundled together on the
same shelf-mark: C.13/34a. et regni nostril Regis Jacobi, Angliae, Franciae
et Hiberniae quarto et Scotia xl vt. Supra. Being present at the signing
sealing and delivery hereof we whose names do ensue.
Thomond
John McNamarie and John Sarsfield
Robert Sparcke
150 The second almost identical indenture also records this as 23rd September 1606, irrespective
that the date appended on the front title bears 22 September 1606 and entitled: ‘Copy of
an agreement betwixt Earl of Thomond and the O Mallownes about your lands if ye Glann’
[contractions expanded]
42