| From: "cowan4356" <[email protected]> | To: "fermanagh-gold" <[email protected]> | Sent: Tuesday, February 9, 2016 2:27:36 AM | Subject: PRONI Ref T2832/3 - 13 December 1801 Lease - Col. Mervyn Archdale to | John & Archibald Graham [Rossacrin], also to Francis Moffet and John Graham and | Thomas Cowan | I am researching my step fathers relatives, the Cowan family, who were leased | land by the Archdales in the Clonkeen/Glenkeen townland in Fermanagh and moved | there from Rossmore in about 1750. | Proni have given me permission to publish my transcript of an indenture between | the Archdales and Grahams. I acknowledge the Deputy Keeper of the Records, | Public Record Office of Northern Ireland and a citation of the catalogue | reference number (T2832/3). | Notes in square brackets are mine as I went through the indenture. The last few | lines were very difficult to read. Here are a few additional notes regarding | this transcript : | · 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 | Interestingly, this indenture mentions Thomas Cowan son to Robert Cowan, however | another one of the panels associated with this PRONI record (T2832/1) has (upon | my interpretation) the following text : | Memo that the Life of Thomas Graham aged 18? years son of John Graham of | Rossachrin as ? in heirs of the life of Thomas Cowan deceased & I have set the | fine being two pounds five shillings lives ? Moffets past? of Rossachrin ? | ... 1707 M Archdall | and | That the life of Thomas Cowan son of David Cowan now of Clonkeen ? in the Manor | Archdale?? in ? ? in place of William? Moffitt | Tenth 10th day of November 17? Written by me N? Archdall | Note : the second lot of writing on this page (which is in the lower right hand | corner) is in different writing to that in the top right. If the lower was | written by N Archdale, then it had to have been before 1763 as he died in that | year. | 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