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The History and Topography of the County of Clare by James Frost

Part I. Topography of Thomond Chapter 4. Ui Caisin

Treaty between MacNamara and the Earl of Thomond A.D. 1570

It is not easy to determine the reasons which actuated MacNamara to enter into the obligations set forth in the subjoined covenant with the Earl of Thomond. Its date being unknown, we are left to conjecture that the object of the deed was to place MacNamara and his sept in a formal manner under the protection of the O’Briens. The deed is found in the Irish language in the fifteenth volume of the Transactions of the Royal Irish Academy, and the translation is from the pen of Mr. Hardiman.

“These are the conditions and covenants entered into by Conor O’Brien Earl of Thomond, and MacNamara, to wit, Teige son of Cuvea, son of Cumara, who is the MacNamara. [10] That he and his heirs for ever shall conduct themselves faithfully and without malice towards the Earl and his heirs for ever, not only himself and his heirs, but that no one on their part shall act contrary to these conditions; and particularly that he or his descendants shall never wage war against the Earl or his heirs for ever. Moreover, MacNamara and his heirs shall be loyal and faithful to the country Clan Culein, and not encroach upon them beyond the bounds of justice for ever. His father and grandfather to give as guarantees the four principal persons as well as the chief steward and marshal of MacNamara. The sureties for the performance of said covenant are: God and his angels, and MacNamara to swear by every oath the most sacred before the Chief Justice of Ireland, in the presence of the English and Irish of Ireland. Furthermore, MacNamara and his heirs shall be bound in a certain sum to be specified for the performance of those obligations. These are the conditions and penalty upon which the Earl of Thomond liberated MacNamara, together with the guarantees and other hostages required viz.: O’Shaughnessy, under the penalty of twenty marks; the son of O’Brien, forty marks, William O’Mulryan and his son forty marks; and Donogh, son of Mahone O’Brien twenty marks, that neither MacNamara or his posterity shall be guilty of defection from the Earl or his descendants for ever. These are the Earl’s witnesses to said penalty: Daniel, son of Murrough MacSweeney; Thomas MacCubag, Rory O’Fahy, and Gilla Breeda MacBrody.

“These are the conditions upon which the son of O’Brien became surety for MacNamara: That if he should be liberated within a fortnight from this time he would become bail for him, and be subject to the penalty, and these are the witnesses thereto, viz.: Teige More son of Carroll O’Mulgeehy, and Eugene O’Kennedy. And if he shall not be set at liberty within the said period, that the son of O’Brien shall not be subject to the penalty namely, forty marks.

“These are the conditions upon which William O’Mulryan became surety for MacNamara: That if he should be set at liberty within a fortnight, the said William in conjunction with the Earl, should punish MacNamara unless he be found to perform his engagements to the Earl. These are the witnesses present at the agreement viz.: the two sons of Daniel O’Kennedy, i.e., Philip and Hugh; and the priest, son of Rory, son of Donogh; and Eugene (O’Kennedy), and Justin O’Davoren.

“Donogh, son of Mahone O’Brien, binds himself under the penalty of twenty marks for MacNamara, in presence of the son of Flinn M‘Grath, and of the son of John O’Mulconry. Conor, son of Rory MacNamara binds himself in ten marks; the three sons of Loghlen, son of Donogh, bind themselves in fifteen marks; the four sons of Sheeda, son of John namely, Donogh, Cuvea, Cumara, and Sheeda Oge in fifteen marks more; Fineen (son of Loghlen), and his son, in fifteen marks; Turlogh, son of Donald Roe, in five marks; the son of Teige, son of Mahone, that is to say, the priest; the two sons of Loghlen, son of Mahone; and the son of Moloney in twenty marks. In case any dispute should arise among the parties, it is to be settled by the son of O’Loghlen [by . . . ] by McGrath, by MacGorman, and by MacGilla Riaba.”