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Will of Gillananaev Ó Davoran

Be it known to everyone who will hear, read and understand this writing, that the sons of Gillernewe Oge O'Davoran of Caher Mac Naghten in the Parish of Noughaval Barony of Burren and Co. of Clare, viz: Hugh, the son of Gillernewe, and Cosny the son of Gillernewe, of the aforesaid Caher, consented, ordered and portioned as follows, viz: they made a perpetual division of, and convenant concerning the two ploughlands of the land of their father and grandfather. This covenant was made between them concerning the half ploughland of Cahermacnaghten aforesaid, the half ploughland of Lismacteige and the half ploughland of Lisduane and of Lisnaloughranna in the Parish of Drumcreehy, and the half ploughland of Kill-Colman-Bairé in the Parish of Kilcoarny, all lying and being in the Barony and County aforesaid. In the first place, this is the partition, viz.: Hugh, the son of Gillernewe Oge is to have for his share the most western quarter of Cahermacnaghten as bounded by the stream of Sruhaunduff flowing from the mountain and by the western ditch of Buaile Liaganach from that down as far as Urlingmore by the ditch of Urlingmore, thence round on the west side down to the side of the Caher; also the half ploughland of Lismacteige, and a quarter of the half ploughland of Kilcolman-Báiré. And Cosny, the son of Gillernewe is to have for his share of the same land, the most eastern quarter of Cahermac Naghten as defined by the aforesaid boundary, the half ploughland of Lisduane, of Lisnaloghran, and the other quarter of the half ploughland of Kilcolman Báire.

The following is the partition of the Keann-ait or Village of Cahermac-Naghten, viz., the site of the big house of caher within, and the site of the kitchen house which belongs to that house within the Caher and the site of the house of the Churchyard on the west side of the caher, and all the gardens extending westwards from the road of the garden of Teige Roe, the son of Gillafeheen, not including Teige Roe's garden. And the house situate between the front of the big house and the door of the caher and the site of another house within the caher at the north west side, and the large house which is outside the door of the caher, and all extending from Bearnan Fánáin-an-Tadhail (in-tile) which is at the east, westwards to the aforesaid road of Teige Roe's garden, and that the garden itself are to be included in Cosny's share of that Village. Moreover, the green (fahy) of the Booley and the road from that green westwards to Moher-Turtanagh and the water of the Town (village) as the aforesaid stream called Sruhaunduff and the well of the village within, are common and free to the Keann-ait, i.e., the Village or Settlement.

"Moreover, this is the covenant existing between Hugh and Cosny from the beginning, and which is to exist firmly between their heirs after them concerning the two ploughlands which we have above-mentioned, and concerning every other land spoken of in the charters (deeds) of their father and grandfather, who and whose heirs for ever, according to the Indentures made between them, were bound to till equally and undergo the same expense attending law and other things in maintaining (defending) those lands against any person who had or should disturb them on (in) those lands or any part of them. Moreover, should any disturbance happen concerning those lands, such as about law, or to redeem land to such an extent as that any part of them should be lost, the aforesaid Hugh and Cosny and their heirs after them are bound in like manner to observe the same justice with regard to each other.

Moreover, the same Hugh and Cosny are by this covenant bound to each other thus: should one of them intend to mortgage or sell out to another his own part of those lands, it is not in his power to alienate it from the other if he be able to redeem it as another would (that is, if he be able to pay him the same sum as another would give) but if he be not, it is not in his power to annoy the person who may purchase until the time for redeeming it shall arrive.

Moreover, the said Hugh and Cosny and their heirs are by this Covenant bound to each other thus: should any of the lands which we have mentioned or other lands be mortgaged from both or one of them, whoever of them shall happen to redeem it first, the other is bound to resign to him his own right and title until such time as he shall be again enabled to redeem it and pay all damages. Moreover, it is covenanted and agreed between the aforesaid Hugh and Cosny that should one of them die without a legitimate heir of his body, the other or his heirs shall be his heirs, executors and assignees in the aforesaid lands, as ordered them in the deeds of their father and grandfather.

Moreover, whatever part of the same Hugh's share he will not inhabit (occupy) himself, if Cosny be able to occupy it, Hugh shall not be able to hinder him, so as the other (Cosny), do take upon himself a part of the burden of Slany Ny Grady's freehold (saoirse?) that is, free grass for a cow and a mare on every quarter of land that be occupied.

As proof and evidence that everything above written is for ever settled, agreed and confirmed between ourselves, our heirs, executors and assignees, I, the said Hugh, am putting my hand and seal to the copy of this writing which belongs to Cosny, by my own free will and consent; and I, Cosny, by my own will and consent, am putting my hand and seal to the copy of this writing belonging to Hugh.

The 3rd day of April, 1675.

Giolla na Naomh Óg O'Davoran.
James Fitzgerald, Francis Sarsfield.

Extract taken from
O'Donovan, John and Eugene Curry, "The antiquities of County Clare: letters containing information relative to the antiquities of the County of Clare collected during the progress of the Ordnance Survey in 1839." Ennis, Clasp Press, 1997.

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