Fermanagh - Indenture 1801 Col. Mervyn Archdall elder and younger *********************************************** Ireland Genealogy Projects Archives Fermanagh Index Copyright ************************************************ File contributed by: Pia cowan4356@bigpond.com INDENTURE BETWEEN COL. MERVYN ARCHDALL ELDER AND YOUNGER 1801 Proni Mic (T2832/3) Permission To Publish Granted By The Deputy Keeper Of Records, Proni Notes in the indenture in square brackets are mine, made as I went through the indenture. The last few lines were very difficult to read. Notes: * Demise = transfer of lease * [Grahams] = John Graham Archibald Graham William Graham Thomas Graham and Thomas Graham * Mesne = intermediate or intervening * Interesting old legal terms : without the let sail hindrance, enter and distrain, distress or distresses * Not a single full stop did I find in the whole indenture TEXT OF INDENTURE (PRONI REF T2832/3): ====================================== THIS INDENTURE made the thirteenth day of December in the year of our Lord One Thousand Eight hundred and one BETWEEN Colonel MERVYN ARCHDALL the elder of Castle Archdall in the county of Fermanagh and MERVYN ARCHDALL the younger Eldest Son and Heir Apparent of the said MERVYN ARCHDALL the Elder now Lieutenant Colonel in his Majesties twelfth or prince of Wales's xxxxxx Regiment of Light Dragoons of the one part and JOHN GRAHAM ARCHIBALD GRAHAM both of Rossacrin [Rossachrin] in the County of Fermanagh WILLIAM GRAHAM of Drumaul and Thomas Graham of Rossacrin both in said county and Thomas Graham of Glasagh [Glassmullagh?] in the County of Tyrone, Farmer xxxxxx of the other part WHEREAS by Indenture of Lease dated the first day of May one thousand and six hundred and ninety nine [1/5/1699] made between WILLIAM ARCHDALL then of Castle Archdall aforesaid Esquire of the one part and FRANCIS MOFFET and JOHN GRAHAM then both of Rossacrin aforesaid Yeoman of the other part Whereby the said WILLIAM ARCHDALL did demise and let unto the said FRANCIS MOFFET and JOHN GRAHAM All that? the town and lands of Rossacrin Glanson and Rossmackasarbud ?being part of Ballymackataggart? or by whatever name or names they were known or called by then in the opinion? of the said FRANCIS MOFFET and JOHN GRAHAM Situate in the Barony of Lurg and County of Fermanagh together with the Great and Small Tythes thereunto belonging with their? Appurtenances (Except as in said case to? excepted) TO HOLD to the said FRANCIS MOFFET and JOHN GRAHAM their Heirs and Assigns from thenceforth for and during the life and lives of WILLIAM MOFFETT Son to the said FRANCIS MOFFET THOMAS COWAN son to ROBERT COWAN and THOMAS GRAHAM Eldest son of the said JOHN GRAHAM and of the longest lives of them and for and during the Natural life and lives of all such other person and persons as should from time to time forever thereafter be added to the time and term of said lease by virtue of the Covenant for perpetual renewal herein contained At the yearly rent of five? pounds Sterling? beside? duties and half a years rent as a fine for the renewal on the fall of each life as by the said recited lease may more fully appear AND WHEREAS the said FRANCIS MOFFET and JOHN GRAHAM the two original lessees in said recited lease are long since dead and the said [Grahams] parties hereto are now by Mesne Assignments or otherwise become legally intitled [sic] to the One full half of the said lands of Rossacrin and by the said recited lease demised and granted xxxxxx AND WHEREAS by Articles of Agreement dated the sixteenth day of December one thousand Eight hundred [16/12/1800] made between the said MERVYN ARCHDALL the Elder of the one part and the said [GRAHAMS] xxxxxx of the other part they the said [Grahams] xxxxxx did thereby agree with the said MERVYN ARCHDALL the Elder to Exchange that portion of the said lands of Rossacrin Glanson and Rossmackasarbud being part of Ballymackatagart to which they were so as aforesaid intitled [sic] for an equitable proportion of the lands of Drumhan? [Drummacahan in the parish of Drumkeeran in the barony of Lurg?]in the Barony of Glenavely? in said County such proportions to be ascertained by the Award and Determination of JOHN FRITH and JAMES FRITH both of Crosstane? SIMON ARMSTRONG of Morsbane? WILLIAM ACHESON of Kesh or Kasesagh? and CHRISTOPHER HUMPHRYS Junior all in said county Gentlemen and that the ? said? persons or the Major part of them should be final and conclusive to all the parties and that upon such award being published proper deeds should be made out conformable thereto AND WHEREAS the said Arbitrators? on the twenty third day of December One thousand eight hundred [23/12/1800] duly made and publised [sic, published?] their Award under their hands and Seals respectively Whereby they did Award that the said? MERVYN ARCHDALL the Elder should give unto the said [Grahams] Thirty eight acres of the said lands of Drumkeen with One Acre and a half of the Old Bog next adjoining the said thirty eight Acres together also with One Acre and a half of Bog in Oakfield across the head? next adjoining JAMES MONTGOMERYS Park part? of any trespass [sic] the same to be in full satisfaction and exchange for thirty five Acres one Rood and twelve perches and also three Acres two Roods and Nine perches of Bog which the GRAHAMS were to give the said MERVYN ARCHDALL in the said lands of Rossacrin by the said Articles and Award may more fully appear NOW THIS xxxxxx INDENTURE WITNESSETH that the said MERVYN ARCHDALE the Elder by and with the consent and approbation of the said MERVYN ARCHDALL the younger testified by his being a party hereto and by his signing and Sealing the same and in order to carry the said agreement and the terms of the said Award into specifick [sic] execution and also in pursuance of the Surrender of the Original lease of the said lands of Rossacrin by them the said [Grahams] and all title and Interest which they had therein under the said Original recited lease or otherwise to the said MERVYN ARCHDALL the Elder and for and in consideration of the yearly rent fine for renewal Covenants and agreements therein after mentioned they the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the younger Have Demised Granted Set and to farm let and by these presents? DO Demise Grant Set and to farm let unto the said [Grahams] (in their actual possession now being by virtue of a Bargain and Sale to them thereof made by the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the younger for the term of One whole year by Indenture bearing date the day next before the day of the date hereof? of in consideration of five shillings Here and by the force of this Article for transferring this? into possession) and to their Heirs and Assigns BUT that and those that part of the said lands of Drumkeen herein before mentioned containing thirty eight Acres now and for some time past in the possession of the said [Grahams] together with One Acre and a half of the Old Bog next adjoining the said thirty eight Acres and also one acre and a half of bog in own field across the road? next adjoining JAMES MONTGOMERYS Park together with all and every the ? ? ? Appurtenances thereunto belonging or appertaining (Excepting and reserving out of this present demise unto the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs and Assigns respectively also Mines? Minerals ? ? ? ? ? ? ? in or upon the premisses [sic] or any part thereof And also ? unto the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs and Assigns full liberty of fishing fowling Hunting and Hawking at all times during this demise) TO HAVE AND TO HOLD all and Singular the said demised lands and premisses [sic] with the Appurtenances (Except as before excepted) unto the said [Grahams] and their Heirs and Assigns from the day before the date hereof for and during the Natural life and lives of CHRISTOPHER GRAHAM now a private in the Seventh Dragoon Guards THOMAS GRAHAM Eldest son of JOHN GRAHAM the Lessee and WILLIAM + GRAHAM Second + + Son of WILLIAM GRAHAM the Lessee aged about four? years and of the longest liver of them and for and during the Natural life and lives of all and every such other life and lives as shall from time to time forever hereafter be added to the term of this demise by virtue of the Covenant for perpetual renewal herein after mentioned + ?ING AND ING? therefore and thereout yearly and every year during this demise the ? sum of Four pounds Fifteen Shillings Sterling the same to be paid by two equal Gales? every first day of May and first the first day of November Clear over and above all Taxes Charges Subsidies Impositions and payments laid or to be imposed thereupon by Act of Parliament or otherwise howsoever the first payment thereof to be made on the first day of May next ensuing the date hereof AND if the said revised? yearly rent or any part thereof shall be in Arrears or unpaid for the space of twenty one days next after the half yearly days hereby appointed for payment thereof that then and as often as it shall so happen it shall and may be lawful to and for the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs or Assigns into the said demised premises or any part thereof to enter and distrain and the distress and distresses then and there found to take lead drive carry away impound and dispose of for payment of said Rent Arrears and all expenses attending the same AND if no sufficient distress or distresses can or may be found upon the said demised premises or any part thereof equivalent to the payment of the rent so then in Arrears that then and in every such case it shall and may be lawful to and for the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs and Assigns into the said demised premises or any pat thereof in the name of the whole to ReEnter? and the same to have again Repossess and enjoy as in their first and former Estate anything herein contained to the contrary notwithstanding AND the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger do and each of them do + hereby for themselves their Heirs and Assigns Covenant and agree to and with the said [Grahams] their Heirs and Assigns in manner and form following (that is to say) that they the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs and Assigns upon the failure or death or any of the lives of the said CHRISTOPHER GRAHAM THOMAS GRAHAM and WILLIAM GRAHAM shall and will at the instance and request the said [Grahams] their Heirs or Assigns within six Months from the day of the death of the person so dying add and Insert or cause to be added Inserted in the place or instead of the life so dying the life and lives of such other person and persons as shall and may from time to time be Nominated by the said [Grahams] their Heirs and Assigns for that purpose they the said [Grahams] their Heirs and Assigns paying to the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs or Assigns the Sum of Two pounds Seven shillings and six pence as a Renewal fine on the Insertion of every such life so to be nominated as aforesaid over and above all rent and Arrears then due and shall and will forever hereafter at the ?nomination of the said [Grahams] their Heirs or Assigns Add and Insert to the time and term of this demise a life or lives in the place of the person so dying which life or lives so to be added and inserted as aforesaid are to be endorsed on this lease or written on deeds or labels on parchment to be hereunto affixed or on separate deeds (provided that they the said MERVYN ARCHDALL the Elder or MERVYN ARCHDALL the Younger or any? of their Heirs or Assigns shall not be obliged to leave their usual place of abode on the execution of any such renewal) It being the true instant? and meaning?of these ?and of the parties hereto that they the said [Grahams] their Heirs and Assigns shall have still in being ? ? shall be made herein of a lease of the hereby demised premises consisting of three subsisting? lives Next? the said [Grahams] do hereby for themselves their and? of their Heirs and Assigns ? ? Covenant promise and agree to and with the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs and Assigns that they the said [Grahams] their Heirs and Assigns shall and will at all times hereafter upon the failure of any life which shall be so added to the term of this demise pay or cause to be paid to the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs and Assigns Two pounds Seven shilling and sixpence being half a years rent over and above the said ? yearly rent within Six months after the failure of death or every such life such so dying as aforesaid without fault or deduction provided always and it is hereby declared to be the true intent and meaning hereof that if at any time it shall happen upon the failure of any life that they the said [Grahams] or either of them their Heirs or Assigns shall not pay unto the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs or Assigns Two pounds Seven shillings and sixpence being half a years rent over and above the yearly rent within six months after the failure of such life and that they do not nominate within six months the life of some other person in lieu thereof to be added to the term of this demise that then it shall and may be lawful to and for the said ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs to deny and refuse to add and insert or put the life or lives of any other person or persons to the time or term of this demise other than the life and lives that shall be then in being and that the said demised premises from thenceforth shall be and remain to the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs or Assigns in like manner as if these presents? had been made for their lives only AND the said [Grahams] do hereby for themselves their Heirs and Assigns Covenant promise and agree to and with the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs and Assigns by these ? that they the said [Grahams] Heirs and Assigns shall and will at all times hereafter during the term hereby devised will and duly satisfy content and pay to the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs and Assigns the said yearly rent and renewal fine on the days and at the times herein before ? and for the payment thereof clear above all taxes as aforesaid, AND that they the said [Grahams] their Heirs and Assigns shall and will during this demise Preserve Uphold Support Maintain and ? the said demised premises and all Improvements made and to be made ? on ? efficient? tenantable repair Order and Condition And at any determination of the demise? shall and will so have? and yield up the same unto? the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs or Assigns AND that they the said [Grahams] their Heirs and Assigns and their undertenants and all other Occupiers of said demised premises or any part thereof shall from time to time and shall at all times hereafter during their lives? ? on the ? every? ? and to them given do sail? and Service at every Court ? and ? Baron? that shall be held ? for ? ? ? ? and ?? and pay the usual fee or ? money to the ? ? ? and that they and every of them ? and every of their Heirs and Assigns shall from time to time and at all times hereafter during this demise ? or cause to be their ? ? that shall ?? ? ? ? ? ? and pay the? ? ? ? ? ? for the same AND LASTLY the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger do hereby for themselves their Heirs and Assigns Covenant and agree to and with the said [Grahams] their Heirs and Assigns that they and every of them their Heirs and Assigns only? paying the said reserved yearly rent and Renewal fine and performing ? ? ? ? ?on their parks? to be done and performed shall ? may penalty ? ? have ? ? xxxxx all and singular? the said demise ? with their? apportances without the let sail hindrance Molestation or disturbance of the said MERVYN ARCHDALL the Elder and MERVYN ARCHDALL the Younger their Heirs or Assigns or of any person or persons lawfully claiming or to claim by ? or under them any one? ? ? IN WITNESS whereof the parties ? ? have hereunto put their hands and seals this Day and ? first above writen. [signed] THOMAS GRAHAM ARCHIBALD GRAHAM JOHN GRAHAM THOS GRAHAM WILLIAM GRAHAM ARCHDALL ? M ARCHDALL