THE MAGUNESSES. MS 603, p. 43a 24 May 1541
MS 603, p. 43a
Calendar of the Carew Manuscripts preserved in the Archiepiscopal Library at Lambeth, ed. J. S. Brewer & W. Bullen (6 vols., 1867-73), vol. I, document 154.
Indenture, 24 May, 33 Henry VIII., concerning the dissension between Donald Juvenis Magunesse, who pretends to be Lord or Superior of the country of Yviaghe or Magunesse, as well by the consent of the best of that country as by the confirmation of Lord Leonard Grey, late Deputy; and Arthur, son of Phelim Magunesse, who pretends that he ought to be Superior of the said country. They have voluntarily submitted to our arbitrament, and having heard the witnesses and proofs on both sides, we determine and adjudge in manner following:--
(1.) Donald Juvenis shall remain in his dignity and superiority of captain of the whole country; and the said Arthur, in recompence of the right which he pretends, shall be exempt from the jurisdiction of Donald through all his lands, that is to say on the otherside (ex altera parte) of the river Banne, unless when any exaction shall be imposed there by the Deputy.
(2.) If Donald should die before Arthur, the latter shall then succeed to the whole dominion of the said country.
(3.) The Prior of Down and Glasney, brother of the said Donald, shall designate the bounds of the lands which shall remain under Arthur's power, exempt from Donald's jurisdiction; and if they disagree, then it shall stand to the final judgment of Sir Patrick Garnon and Arthur, son of Prior Magunesse.
(4.) They shall both be under the dominion of the King and his Deputy, and adhere to no Irish, nor render assistance to or retain Scots; neither will they admit the authority of the Roman Pontiff, but repel all persons obtaining benefices by his authority.
(5.) They have placed themselves in the hands of the Lord Deputy as hostages, to remain until they deliver such hostages to the Lord Deputy as he shall choose. In witness whereof we, Sir Anthony Sentleger, Deputy; John Alen, Chancellor; Thomas Walshe, Baron of the Exchequer in England, John Mynne and William Cavendishe, the King's Commissioners in Ireland; Gerald Aylmer, Chief Justice of the King's Bench; and Robert Cowley Master of the Rolls, have affixed our seals.