EARL OF THOMOND and SIR DONALD O'BRENE. MS 603, p. 25* Sep 1554
MS 603, p. 25*
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 204.
Indenture, 9th May, 6 Edw. VI., between Sir James Crofte, Deputy of Ireland, of the first part, Donough O'Brene, knight, Earl of Thomond, of the second part, and Sir Donald O'Brene of the third part.
The said Earl and Donald agree to join together for the service of the King, and to observe mutual friendship towards each other, as becomes kinsmen. For the better support of the said Donald, the Earl will grant such a portion of seventeen quarters of the lands which the said Donald and his tenants and followers possess within the countries of Corckymrow, Baryn, and Kialarwaky, entirely free from all claim, as is equivalent to the clear annual rent and profit of half of the possessions of the barony of Ibrecan, which [barony] the said Earl, by grant of King Henry VIII., obtained for himself and his heirs male. If the said 17 quarters should not suffice for the full value of the said half, then the said Donald shall be satisfied for the remainder elsewhere amongst the lands of the said Earl. Sir Donald to hold the said lands in tail male by knight service, that is, by the 20th part of one knight's fee. If the Earl should be unable to confer those lands, then he will be a mediator to intercede with the King, and get the Lord Deputy to petition his Highness to grant the premises to the said Donald and his heirs.
The said Donald covenants that he will not make any claim for anything which the Earl has obtained or shall obtain from the King, or which he possesses of right, but obey the Earl and his heirs, and lend him his support, as becomes a good brother. The Earl agrees that the said Donald shall enjoy the office of steward of Bonyn and Tradrey with all the emoluments of the same during his life.
II. Ordinances, made in Michaelmas, 2 Mary, between Cornerus O'Bryen, by the King's authority Earl of Thomond, and Donald O'Bryen, named O'Bryen according to the ancient custom of the country.
The said Donald petitioned that according to that nominatian he may be established by the Queen, and thenceforth he will be a faithful subject, and serve against the Queen's rebels under the Lord Deputy. The Lord Deputy and Council answered that they could not accede to his request, but would write to the Queen in his favour.
With respect to all controversies between the said Earl and Donald, the title or name of O'Brien only excepted, the latter is content to stand to the arbitrament of the Lord of Mountgaret, the Baron of Dunboyne, and the Baron of Caher, for the said Earl, and of the Lord Occarwell, Thadeus O'Mulryan and MacO'Bryen Ara, for the said Donald, and that they shall conclude and determine all controversies between the parties. If they should not agree, superiority is then granted to the Lord Deputy, the Lord Chancellor and the Earl of Desmond.
Moreover the said Earl and Donald consent that on each side hostages shall be placed in the hands of the Lord Deputy and remain in the custody of the Mayor of Limerick, namely, Moriertaghe O'Bryen, son of the said Donald, for him, and Terence O'Bryen, brother of the said Earl, for him, for the due observance of peace and the fulfilment of the arbitrament to be made by the arbitrators before named, and also, on the part of the said Donald, for peace towards the Lady Helena, mother of the said Earl, her servants and followers, as well within the country of Thomond as without. For the greater security of the said Earl, his mother, their servants and followers, as well the brothers of the same Donald as the sons of Maurus O'Bryen shall give hostages out of their own servants or followers, to remain in the hands of the said Mayor.
The said arbitrators shall duly examine all controversies respecting the title of lands and castles, and the chief rectories and tithes, and other rights claimed to belong to the Earl or his mother. If it shall be found that any of them belong to the Earl or his mother, restitution shall be adjudged.
The parties also agree that after the determination thus made, if either of them break the peace contracted in this manner, he shall lose his hostage, who is to be placed in the hands of the other, and the hostage of him who has observed the peace shall be released; and also that he who refuses to stand to the said arbitrament shall lose his hostage, to be placed in the hands of the other party.
Whereas Donough, son of Maurus O'Brien, now remains a hostage in the hands of the Baron of Dunboyne by the assignation of the said Earl of Thomond, it is ordered, with the consent of the parties, that the arbitrators shall examine the cause of the detention of the said hostage, and make order in that behalf according to justice, and that the said Donough shall be brought to Limerick, at the assignation of the said arbitrators. Moreover, whereas Moriertaghe O'Bryen, son of the said Donald, now remains hostage for him, and Terence O'Bryen for the said Earl, they may be changed from time to time for other sufficient hostages from their followers with the approbation of both parties, provided that this be signified to the Mayor aforesaid; and the said parties shall find security in Limerick for the fulfilment of the said arbitrament.
It is ordered, as well by the said Lord Deputy and Council, as by the said Earl and Donald, that if the Queen be not pleased that the same Donald shall remain in the estate and name of O'Bryen, but wishes to maintain the said Earl in the same as Earl of Thomond, then the said Donald shall have his hostage delivered into his hands without payment of expenses, and have one month's notice before any injury is done to him either by the King or the said Earl, his confederates or followers.
For fulfilment of the premises besides the hostages aforesaid, the Earl and Donald have taken their oaths on the slanty of the Lord Deputy and Council, the Earl of Desmond and all the archbishops and bishops of this kingdom. The said Donald has solemnly sworn that he will accept the said Earl as his own son, and protect and defend him, and permit all the Earl's servants and followers to be with him at all times without impediment.
In witness whereof the Lord Deputy and Council and the parties aforesaid have affixed their names to each part of this indenture.
Moreover, it is ordered by the Lord Deputy and Council, with the consent of the parties, that if the above named Moriertaghe O'Bryen, hostage for the said Donald, should not appear to the said arbitrators fit or sufficient, then they shall nominate another hostage for the said Donald, to be placed in the hands of the said Mayor; and the said Earl shall do the like with respect to his hostage.
At the end is this note: "The copies contained in this transcript of 11 [This number includes some other copies, noticed under their respective dates.] written leaves agree with the copies found"........ The rest of the note has been cut off.