Fermanagh - Indenture 1801 Col. Mervyn Archdall elder and 
younger

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Ireland Genealogy Projects Archives
Fermanagh Index
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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