Indenture, 2nd July, 33 Hen. VIII., respecting a great dissension and contention which has lately arisen, touching the rule and superiority of Ely O'Karrell, now vacant by the death of Fergananym O'Karrell, lately captain of Ely, between John, son of William O'Karrell; Charles, otherwise Calogh O'Karrell; and Thadeus O'Carrell, son of Fergananym O'Karrell, deceased; who appeared before us, the Lord Deputy and Council, in the great Parliament held at Dublin, and voluntarily submitted themselves to our arbitration.
(1.) We adjudge that the said John, by virtue of his seniority, according to the laws of the Irish, has the first right to the said rule; but because we find him incompetent to protect and rule the country, we ordain that he shall have every year 40 cows of the rent formerly accustomed to be paid to Captain O'Karrell in Ely, and that he shall hold his lands called Corclevan free and exempt from exaction of all others of his nation, and shall so remain content as to his right for ever; and after his death the said 40 cows shall be equally divided between the said Charles and Thadeus.
(2.) That Thadeus McFir O'Carrell, at the request of the Earl of Desmond, shall have, by reason of his seniority, (although he is unfit for the said rule, "tempusque suum ad id prætermisit,") 20 cows of the rent aforesaid; and after his death the said 20 cows shall go equally to the said Charles and Thadeus.
(3.) That the said Charles shall have every year 60 cows of the rent of the said O'Karrell, and the dominion and rule of half of the country of Ely, free and exempt from all superiority and exaction of all others of the aforesaid nation.
(4.) The said Thadeus shall have every year other 60 cows, the remainder of the said rent, together with the dominion and rule of the other moiety of the said country of Ely, free and exempt from all others of his nation; saving however to the King the rents and rights due to him in the country of Ely aforesaid.
(5.) Margaret Inybrene, lately wife of the said Fergananym O'Karrell, shall have, for herself, her sons and daughters, all the goods which belonged to her late husband, and the profits of all his lands till the feast of St. Philip and St. James next, according to the custom of the country.
(6.) If any disagreement arise as to the partition of the moieties of the said lands between the said Charles and Thadeus, it shall be remitted to the judgment of certain friends to be chosen by each party; and if they should disagree, then it shall stand to the final judgment of Cosney McEgan, and of two tribunes, namely Rory O'Dulphan (?). [Et duorum tribunorum nominat' Rorici O'Dulphan."]
(7.) Shane O'Mulmoy, who treacherously procured the death of the said Fergananym, shall not be favoured or harboured by any person aforesaid in his domains or lands.
(8.) If the said John, son of William O'Karrell, Charles O'Karrell, and Thadeus O'Karrell shall refuse to stand to this order, or return without the licence of the Deputy before they have given a hostage or hostages, they shall not only lose their right to all that they possess, but shall also forfeit 200 cows to the Lord Deputy, 100 to the Earl of Desmond, and 100 to the Earl of Ormond.
(9.) The Deputy and the said Earls shall be intercessors or sureties, commonly called "slanti," for the observance of the premises.
(10.) If one of the said parties should procure the death of another of them, he shall forfeit to the sons of the deceased all his right and possessions.
(11.) The Lord McWilliam and the Lord Occhonour, being present, have become intercessors, that is to say, "slanti," for the fulfilment of this arbitration.
(12.) The King shall enjoy a moiety of the lands of him who shall procure the death of any of them.
Dated at Dublin, the day, month, and year above written.
|Date:||2 July 1541|
|Held by:||Lambeth Palace Library, not available at The National Archives|
|Unpublished Finding Aids:||
|Former Reference Department:||MS 603, p. 97|