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Land Lease - Boyle from Edwards, 1732
PRONI D 1096/52/Box 91

Transcribed, Compiled & Submitted by Ray, in Oz
ray15[at]optusnet.com.au



SUMMARY of the Lease by Ray, in Oz:

 

DATE: 13th February 1732

LEASE.

FROM: Hugh EDWARDS Esquire, of Castlegore, County Tyrone, Ireland.

 

TO: Hugh BOYLE, Tanner, of Dungiven, County Derry, Ireland.

 

OF: All of the two townlands of Drumnaforby and Carany (c.471 acres in total); Manor of Hastings, County Tyrone -- Drumnaforby and Drumquin.

 

FOR THE LIVES OF: 1. Hugh BOYLE himself. 2. His son Dorrington BOYLE.

  1. William GIVEN, son of Henry GIVEN, Farmer, of Totterconaght, County Tyrone.

 

ATTORNEYS (= Agents?) of Hugh EDWARDS: James BOYLE and George MURRAY, both Gentlemen, both of Castlegore, County Tyrone.

(I think that this James BOYLE may have been a brother to Hugh BOYLE).

 

SIGNED by: George MURRAY, Hugh EDWARDS, & Hugh BOYLE.

 

RE-LEASE ?: dated ??? (17)34

FROM: Hugh BOYLE

TO: Henry LECKY esquire, & James BOYLE, gent(leman).



 

This INDENTURE made the thirteenth day of February In the Year of Our Lord One Thousand, Seven Hundred and Thirty TWO [13th February 1732 ]

BETWEEN: Hugh EDWARDS of Castlegore in the County of Tyrone, Esquire of the one Part, and Hugh BOYLE of Dungiven in the County of Londonderry, TANNER, of the other Part

WITNESSETH that the said Hugh EDWARDS for and in consideration of the sum of one hundred pounds Sterling to him the said Hugh EDWARDS in hand paid, and of the Rents, Covenants, and Clauses, in and by these Presents, Reserved and Comprised to be Paid and Performed on the Part of the Lessee;

HATH Granted, Bargained, and to Farm Lett, and by these Presents doth Grant, Bargain, and to Farm Lett, unto the said Hugh BOYLE all that and those the two townlands of Drumnaforby and Carany containing by Estimation four hundred and seventy one acres be the same more or less situate in ye Manor of Hastings together with the usual Customs at the fairs and Markets of said town of Drumnaforby and Drumquin with the apurtenances and the pound of Drumnaforby,

EXCEPTING and out of this Present Demise, always Reserving unto the said Hugh EDWARDS his Heirs and Assigns, all Royalties of what Kind or Nature soever and all woods and Timber trees above and under ground, all mines and minerals freestone Marble coal and lime Stone unless which limestone shall be necessarily expended on ye premises with free Liberty to and for the said Hugh EDWARDS his Heirs and Assigns, with Horses, Carriages, and Servants on the hereby Demised Premises, or any Part thereof, to enter and Cutt, Digg, Raise, and Carry away the same. AND also Reserving unto the said Hugh EDWARDS his Heirs and Assigns, Liberty of Fishing, Fowling, Hunting and Hawking, on the said Premises, during the Continuance of this present Demise.

TO HAVE AND TO HOLD all and Singular, the said Demised Premises, with the Appurtenances (Except before Excepted) unto the said Hugh BOYLE, his Heirs, Executors, Administrators and Assigns, for and during the natural lives of him the said Hugh BOYLE, Dorrington BOYLE son of the said Hugh BOYLE, and William GIVEN son of Henry GIVEN of Totterconaght in the said County of Tyrone, FARMER …..the longest liver of them, he the said Hugh BOYLE, his Heirs, Executors, Administrators, or Assigns, YIELDING AND PAYING unto the said Hugh EDWARDS his Heirs or Assigns, the Yearly Rent, or Sum of thirty one pounds, three shillings, and four pence by two equal half Yearly Payments, vizt. at May and Alsaints [“together with” deleted] for and during the first two years of this present demise and from and after the expiration of ye said two years, the yearly rent or Sum of fifty pounds payable by two Equal Moyetys as aforesaid, with twelve pence per pound receivers fees together with the yearly dutys of one fat Barron Stag or twenty shillings in lieu thereof at the Election of the said Hugh EDWARDS his heirs or assigns and allso five Spangles of Sufficient Statutable linnen yarn, at a Spangle to the pound or two shillings per Spangle in lieu thereof at the Election of the said Hugh EDWARDS his heirs or assigns xxx xxx to be delivered in such part of the Manor of Hastings as he or they shall appoint.

and if it shall happen that the said reserved Yearly Rent, Receivers Fees, or Duties, or any Part thereof shall be Behind or Unpaid for the space of Twenty one Days next after any of the said Days of Payment; then it shall and may be Lawful to and for the said Hugh EDWARDS, his Heirs and Assigns, to Distrain on the said Premises or any Part thereof, and the Distress or Distresses there found, to dispose of according to Law, for Payment of the same; and for want of sufficient Distress on the said demised Premises, to Re-enter and the same to Repossess and Enjoy, as in his or their former Estate, any thing herein Contained to the contrary in any wise notwithstanding.

AND the said Hugh BOYLE doth hereby Covenant to and with the said Hugh EDWARDS that the said Hugh BOYLE his Heirs, Executors, Administrators and Assigns, shall Yearly and every Year, during the Continuance of this present Demise, make on such Part or Parts of the said Premises, as the said Hugh EDWARDS his Heirs or Assigns shall Appoint, four Perches of Drains or Ditches six feet wide, and five Feet deep, or of Walls of Stone and Lime two Feet broad, five [Feet?] high, in such Places where such Drains or Ditches cannot be made, and also sufficiently to Hedge the said Ditches with white or black Thorn, or with Frensh Furzes where Thorn will not grow; and also to Sett twenty Trees [????????] or Elm, every Year during the Continuance of this present Demise, and preserve the same from Destruction, or if any of the said Trees shall Fail, then to Plant and Preserve a New Tree in room and place of the Tree shat shall so Fail, and [???????] ..r Failure of making the said number of Ditches or Walls, and Setting the said Ditches with Thorn or French Furzes, and planting the said Number of Tree Yearly, and preserving the same, then to forfit and pay to the said Hugh EDWARDS his Heirs or Assigns for every Perch of Ditch or Wall not so made and hedged, the Sum of three [pence?]…. and for every Tree ……… [most of this line is illegible due to folding/crease damage] …. sum of …. which Forfeiture is to be r….. ….. [s]aid Hugh BOYLE ….. ….. , his Heirs or Assigns by Distress, which is to be disposed of in like manner as Distress taken for Rent. AND the said Hugh BOYLE for himself [his Hei]rs, Executors, Administrators, and Assigns doth further Covenant and agree to and with the said Hugh EDWARDS that he the said Hugh BOYLE his Heirs, Executors, Administrators, and Assigns shall well and truly pay unto him the said Hugh EDWARDS his Heirs and Assigns, Yearly and everyYear, during the Continuance of this present Demise, in manner before set forth, the said Reserved Yearly Rent, Receivers Fees and Duties, and perform all other Articles, Clauses and Covenants on the Leasees Part to be Performed, and also shall and will Grind all his and their Grindable Grain that shall grow or be Expended on the Premises at [su]ch Mill or Mills of the Manor of Hastings, as the said Hugh EDWARDS his Heirs or Assigns shall appoint or direct, and pay the Accustomed Toll or Multre for the same; and for every Default pay to the said Hugh EDWARDS his Heirs and Assigns the sum of Ten Shillings Sterling to be by him or them Recovered by Distress, to be disposed of as Distress taken for Rent.

AND further, the he the said Hugh BOYLE his Heirs, Executors Administrators and Assigns, and Under-Tenants shall do Suit and Service at the Court Leet and Court Barron held for said Mannor, and the Head-Tenant or Leassee to pay to the Seniscall of said Mannor Six Pence, and each Under-Tenant three Pence in Case of their Appearance and in Case of not Appearance, the Head-Tenant or Leasee to pay at each Court Lett he shall neglect to attend Nine Pence, and each Under-Tenant Six Pence, to be recover’d by Distress in like manner as the Rent before mentioned.

AND he the said Hugh EDWARDS doth Authorise and Impower James BOYLE and George MURRAY of Castlegore aforesaid, Gentlemen his true and lawful Attorneys, Joyntly or Severally, to enter upon the said Premises or any Part thereof, in the Name of the whole, and give Livery and Seisin thereof, or any Part thereof, in the Name of the whole to the said Hugh BOYLE his Heirs or Assigns.

AND the said Hugh BOYLE doth for himself his Heirs, Executors, Administrators and Assigns, Covenant and Agree with the said Hugh EDWARDS his Heirs and Assigns that he the said Hugh BOYLE his Heirs, Executors, Administrators and Assigns shall and will at the Expiration or sooner Determination of this present Demise, Peacably and Quietly Surrender and Deliver up unto the said Hugh EDWARDS his Heirs or Assigns, all and Singular the said demised Premises with the appurtenances, with all Houses and other Improvements which now are or hereafter shall be made thereon.

AND the said Hugh EDWARDS doth for himself, his Heirs and Assigns, Covenant and Grant to and with the said Hugh BOYLE his Heirs, Executors, Administrators and Assigns that he the said Hugh BOYLE his Heirs, Executors, Administrators and Assigns, shall and may Peaceably and Quietly have, Hold, Possess, Occupy, and Enjoy all and Singular the hereby Demised or intended to be Demised Premises during all the Term [to?] and by these Presents, Demised or intended to be Demised; he the said Hugh BOYLE Paying the Rents and Performing the Covenants before mentioned, to be paid and performed by the Leasee; without the Lett, trouble, Eviction, or Molestation of him the said Hugh EDWARDS his Heirs or Assigns, or of any Person or Persons claiming, or to claim [….ey] from or under him, them or any of them,

AND further that he the said Hugh EDWARDS his Heirs and Assigns shall and will, on the death of the said Hugh BOYLE, Dorrington BOYLE & William GIVEN or any of them, and upon the Payment of three pounds Sterling to the said Hugh EDWARDS his Heirs and Assigns, by any new Deed according to the Purport and Meaning of these Presents add such other Life in Room and Place of the Life that shall fall, as the said Hugh BOYLE his heirs, Executors, Administrators or Assigns shall appoint, and so toties quoties, as any of the three Lives before mentioned, or any other Life hereafter to be added shall happen to die or decease so always that for every such new Deed he or they the said Hugh BOYLE his Heirs, Executors, Administrators or Assigns, shall first pay unto the said Hugh EDWARDS his Heirs or Assigns the like Sum of three pounds Sterling with all Rents and Arrears of Rent and Duties then due to the said Hugh EDWARDS his Heirs or Assigns, and so also, that the said Deed be duly prepared by th[e said] Hugh BOYLE his Heirs, Executors, Administrators or Assigns and Tendered [to the said] Hugh EDWARDS his Heirs or Assigns within Six Kalander Months after the Decease of such […………… ….]

…….other Person is to be Inserted ……. [Illegible: bottom of page]

 

Signed sealed and delivered in presence of:

(unclear) ??? LECKY ?

George MURRAY

Hugh EDWARDS

 

Hugh BOYLE

 

KNOW all mean by these presents that I the within named Hugh BOYLE do hereby for and in consideration of the sum of one Hundred pounds Sterling to me in hand payd by Henry LECKY Esquire and James BOYLE gent. the receipt whereof I do hereby acknowledge give grant bargain sell assign transfer and make over unto the said Henry LECKY and James BOYLE all the within mentioned & Demised premises with all the rights & appurtences [sic] therto [sic] belonging with all my right and title thereto

TO have and to hold to them the said Henry LECKY & James BOYLE their Heir, Executors, Administrators and Assigns for and During all the life and lives in the within Deed mentioned and all renewals to be had or obtained thereof in as full and ample manner as I the said Hugh BOYLE may or can or might or could have hold or Enjoy the same, free and clear of and from all & all manner of claim or claims by me or any person deriving under me my Heirs Executors & Administrators and I the [said] Hugh BOYLE do hereby for me my Heirs Executors & Administrators Covenant & agree to an with the said Henry LECKY and James BOYLE their Heirs Executors Administrators & Assigns make do and execute any further […. …] Deed for the better Securing and Assigning over the said ……[illegible]


I have hereunto set my [hand ……] Hundred and Thirty Four