This Indenture Made the third Day of December in the Year of Our Lord one
thousand seven hundred and ninty four
Parties BETWEEN Andw [Andrew?] Francis Barnard of Banbrook in the Country
of Londonderry Esq
of the one part and William Forrest Templymoyle [Templemoyle?] in the Country of Londonderry Farmer
of the other Part; WITNESSETH, that the said Andw [Andrew?] Francis
Barnard for and in Consideration
of the yearly Rents, Reservations, Convenants, Provisoes,
[Provisos?] Conditions, and Agreements, Herein
after mentioned and contained on the Part and Behalf of the said
William Forrest, Heirs, Executors,
Administrators, and Assigns, to be paid, done, observed, and
performed, HATH demissed, granted, set,
and to Farm let, and by these Presents DOTH demise, grant, set, and
to Farm let, unto the said
William Forrest in his actual Possession now being, by Virtue of a
Bargain and Sale to him thereof
Made by the said Andw [Andrew?] Francis Barnard in Consideration
of Five Shillings sterling, by
Indenture, bearing Date the Day next before the Day of the Date of
these Presents, and by Force of
the Stature for transferring Uses into Possession, and to his Heirs
and Assigns, ALL THAT part or
Premises portion of Land in Templemoyle aforesaid now in the possession
and occupation of the said William
Forrest being a part of that square marked in the Map lately made
of said Lands by John
Coltroun Number thirteen also such part of the two squares marked
in said Map Number one and
Number two as is now in the possession of the said William Forrest
all the Premises are situate
lying, and being in the Country of Londonderry Exceping and always
reserving out of this present Demise
Premises unto the said Andw [Andrew?] Francis Barnard his Heirs and Assigns
all Timber and Timber-Trees, Wood and
Exception Under-Wood, now lying, being, standing, or growing, or that shall
hereafter stand or grow, in or upon the
said demissed premises, or any Part thereof; save and except
such Part and Proportion of such Trees as the
said William Forrest his Heirs and Assigns, shall be intitled
[entitled?] to be Virtue of any Act of Parliament made
in this Kingdom for the Encouragement of Planting and all Loughs,
Bogs, and Mosses, Bog-timber, Ways
Water and Water-couries, Mill-races, Mines, Minerals, Quarries,
Marle and Marle-pits, Felons, Fugitives Goods
Deodands, and all Game, and all other Royalties, Franchises,
Privileges, and Immunities? whatsoever, with
free Liberty of Ingress, Egress, and Regress for the said Andw
[Andrew?] Francis Barnard his Heirs & Assigns
and his and their Servants and Carriages, into and out of the
Premises, to search for, take,cut and
Exception carry away all or any of the said exceped Premises, and to make
new Water courses to any Mill or Mills,
already built, or hereafter to be built, by the Order of Andw
[Andrew?] Francis Heirs or Assigns and to
make any Dam or Dams for the penning in or keeping of water for
the said Mills, and also to lay out and make
Roads to any Merket-town, Mill, or Church wheresoever, and also
to all Quarries, Mosses, and Turf-bogs in
the said demised Premisses [premises?] or any Part threeof,
without being chargeable for Trespass, and also reserving to
said Andw [Andrew?] Francis his Heirs & Assigns and his and their
Servants and Attendants, full Liberty Power
and Authority, to hunt, hawk, fish, and fowl, upon all or any
Part of the above demised Premises, TO HAVE AND
TO HOLD all the singular the said granted and demised Premises,
with Appurtenances thereunto belonging
Exception belonging (except before excepted) unto the said William Forrest
his Heirs Assigns, from the first Day of
November last part for and during the Term of thirty one years or the
natural life of Miss Sarah Barnard
youngest Daughter of the late Revd [Reverend?] Doctr [Doctor?] Barnard
Rector of Maghera which shall
last longest
Rent YIELDING AND PAYING therefore and therout, yearly and every Year,
" during the said Term, unto the said Andw [Andrew?] Francis his Heirs
" and Assigns the clear yearly Rent or Sum of Twelve pounds ten shills
" [shillings?] sterling, together with pence by the pound for every
Fees Pound of the said Rent yearly, for Receiver's Fees, and yearly, in
In Lieu of Duties, by even and equal half-yearly Portions, on every
Lieu first Day of May and first Day of November clear, without Any Deduc-
of tions, Desalcations, or Abatements whatsoever, and over and above
Duties all Manner of Taxes, Charges, Subsidies, Assessments, Country -
Charges, Impositions, and Payments whatsoever, as well extraordinary
Fees as ordinary, charged or to be charged, on the said demised Premises,
In or any Part thereof, by Act of Parliament or otherwise howsoever,
Lieu Kings rent or Cheif Rent only excepted: PROVIDED always, that if the
of said reserved yearly Rent, and Receivers Fees, and Duties or any
Duties Part thereof, shall be behind or unpaid, in Part or in the Whole, by
the Space of twenty one Days next after either of the Half-yearly
Days or Times
- when wheron the fame is herein before appointed to be paid, that then
payable and so often as it shall so happen, it shall and may be lawful to
and for the said Andw [Andrew?] Francis his Heirs or Assigns
Clause into the said demised Premises, or any Part thereof, to enter and
of distrain for the fame, and the Distress and Distresses then and
Distress there found, to take, lead, drive, and carry away, impound, and
dispose of according to Law: And if no sufficient Distress or
Distresses can or may be found or had on the said Premises,
wherewith and whereby the said Rent, Receiver's Fees, Duties, and
Arrears, and the Charges and Expence of distraining and keeping
such Distress may be fully satisfied and paid, that then it shall
and may be lawful to and for the said Andw [Anmdrew?] Francis his
Condition heirs and Assigns into the said demised premises or any part
of thereof, to enter and distrein for the fame. and the Distress and
Re-Entry Distresses then and there found, to take, lead, drive, and carry
away, impound, and dispose of according to Law: And if no
sufficient Distress or Distresses can or may be found or had on the
said premises, wherewith and whereby the saidf Rent, Receiver's
Fees, Duties, and Arrears, and the Charges and Expence of distraining
and keeping such Distress may be fully satisfied and paid, that then
it shall and may be lawful to and for the said Andrew Ferris his
Heirs and Assignees to re-enter into all and every the above demised
premises, or any part thereof in the Name of the Whole, and have hold
and enjoy the fame as in his or their first and former Estate any
Thing herein contained to the contrary notwithstanding. AND the said
Willaim Forrest dothereby for himself his Heirs, Executors,
Admininistrators, and Assigns, covenant, promise, and agree to and
with the said Andw [Andrew?] Francis Barnard in Manner and Form
Following, (that is to way) That the said William Forrest his Heirs,
Executors, and Administrators, or some one of them, shall and will,
during the said Term hereby granted, well and truly pay or cause to
be paid unto the said Andw [Andrew?] Francis his Heirs & Assigns the
said reserved yearly Rent, and Receiver's Fees, Duties, at the Days,
and in Manner and Form above mentioned; And likewise shall and will,
Covenant at there own Costs and Charges, bear, pay and discharge over and
to pay above the said Rent and Receiver's Fees, all and every such Taxes,
Rent Subsidies, Assessments, quartering of soldiers, Rates, and
Impositions whatsoever, of evry Nature of Kind, which now are, or at
any Time or Times hereafter, during the Term hereby demised, shall
be taxed, laid, rated, levied, assessed, or impose upon the hereby
demised premises, or any part thereof, or upon the said [Andrew?]
Francis in his Heirs and Assigns and every of them, of and from the
fame: AND also that the said William Forrest his Heirs & Assigns,
and each of their Under-tenants on the said demised Premises shall
grind all his and their Corn, Grain, and Malt that shall be
expended, used or consumed on the said demised Premises, or that
shall be by them or any of them ground for Sale at such Mill or
Mills within four Miles of the Lands hereby demised as the said
Andw [Andrew?] Fras [Francis?] his Heirs or Assigns shall direct,
order, or appoint, and pay the twentieth Grain for Toll of Mulcture
Covenant of all Corn, Grain or Malt so expended, used, or consumed, or
to grind ground for Sale, under the Penatly of two Shillings for every
at Mill Bushel of Corn, Grain or Malt, that shall be ground elsewhere, to
to be be levied by Distresses as for the Rent herein before reserved
chosen AND also that the said Wm [William?] Forrest his Heirs & Assigns,
by or any or either of them, shall not, or will not, during the
Landlord Continuance of this present Demise, permit or suffer the said
demised Premises, or any Part thereof, to be held either by
themselves or their Under-tenants, in Common or Rundale, by plowing
the Whole or any Part thereof in Common, and dividing the said
plowed Land by Lotts or otherwise, but that the same shall
Covenant henceforth be held and enjoyed by them in severalty, according to
to hold their several and respective Tenures, to be distinguished by a
in Mearing or Ditch, or a stone Wall, to be made within Years,
severalty next after the Date thereof, for that Purpose, the Ditch to be
six Feet wide and five Feet deep, and set with Crab or White-
Thorn Quicks, at the usual and proper Distances; and plant good
Oak, Ash, Elm, or Beech-Trees, on the said Ditches, at Twenty
Feet Distance each, and them so planted shall preserve from being
cut or destroyed, for the Use of the said Heirs or Assigns, or of
those who by Law may be entitled to the fame, or in Lieu thwereof
where such Ditches cannot be made conveniently, shall and will
build a double Stone-wall four Feet high, AND also that the said
Assigns, shall and will yearly during said Term hereby granted,
dry, cleanse, scour and amend all the Marsh-fences belonging to
said demised Premises. AND also, that the said shall and will
within the space of Years from Date hereof, build or cause to
be built, on some convenient Part of the hereby demised Premises
Covenant a good and substanial Dwelling-House of Stone and Lime, or Brick
to scour and Lime Feet wide in the Clear, and Feet in the Side-Walls,
Mearning and feet long, or in Default thereof shall from and after the
-Ditches Expiration of the said Term of Years, pay yearly, and every
Year unto during this present Demise and additional Rent of
Covenant to be paid on the Days and Times whereon the before mentioned
to build Rent is hereby made payable; and for Recovery whereof the said
Dwelling shall have like Remedy as for the Recovery of the Rent herein-
House before reserved. AND shall also plant, or cause to be planted,
on some Partof the said Premises, within Years after the Date
Covenant Hereof Apple-Trees, at Feet Distance from each other, and
to plant shall enclose the same with a Ditch of like Dimensions as afore-
an said, them so planted shall duly weed, preserve, and keep from
Orchard being cut or destroyed, during the Demise, or in Failure or Non-
performance of all or any of the Particulars aforesaid, shall
from and after the Expiration of the said Term of Years, pay
yearly, and every year unto the said during the present Demise,
an additional Rent of Shillings by the Acre for every Acre
contained in the said demised Premises clear, over and above the
hereth first before reserved Rent, Fees, and Duties, to be paid on
the Days and Times whereon the before mentioned Rent is hereby made
payable; and for Recovery whereof the said Heirs and Assigns, shall
have like Remedy as for the Recovery of the Rent herein, before
reserved. AND also that the said Assigns, shall and will
within five Years from the Date hereiof, at own proper Costs and
Charges, make or cause to be made, on the Premises, new Ditches
where the same shall be wanting, six Feet wide, and five Feet deep,
set with White Thorn and Crab Quicks, at the usual and proper
Distances, and with Furze at the Back of said Ditches and plant
good Oak, Ash, Elm, or Beech Trees thereon, at fifteen Feet
Distance the one Tree from another, until the Farm hereby demised
be divided into Parks not exceeding Acres in any one Park, and
that they and every of them respectively, will preserve the same
during the Continuance of this Demise, or in Default thereof,
Covenant shall and will forfeit and pay unto the said the farther
to plant additional yearly Rent of Sum of Shillings per Acre for each
Timber and every Acre of the said demised Premises, that shall not be
inclosed [enclosed?] with such Ditch or Wall as aforesaid, the
same to be paid over and above and along with the above reserved
Rent, Fees, and Duties, and to be distrained for as in Cafe of
Non-payment thereof. AND also that the said Assigns, shall and
will, during the Term, hereby granted and dismised, use their
utmost Care, and Diligence, and Endeavours, to preserve in Growth,
and secure all Trees or Saplings of what Nature or Kind soever,
Covenant that now are, or at any Time hereafter during this Demise, shall
to be standing, growing, or being in or upon the hereby demised
divide Premises, or any Part thereof, from stripping, cutting, stubbing
into up, or being fired or burnt: AND also that the said Assigns,
Parks shall not kill or destroy or suffer to be killed or destroyed,
any Pheasant, Growse [Grouse?] Partridge, Hare, or other Game, on
the hereby demised Premises, or any Part thereof,
Covenant but diligently endeavour to prevent the same, and give the
to earliest Notice to the said Andw [Andrew?] Francis his Heirs or
preserve Assigns his or their Agent or Game-keeper, of any Person or
Timber Persons killing Game thereon, without the Leave or Consent of
sd [said?] Andw [Andrew?] Francis his Heirs or Assigns AND also,
Covenant the said William Forrest his Heirs Assigns or some or one of
to them, shall and will, during the Continuance of this Demise, at
preserve his Continuance of this Demise, at his or their own proper Costs
Game Charges, from Time to Time, and at all Times, well and
sufficiently repair, uphold, support, sustain and keep in good
Covenant and sufficient tenantable Ordfer, Repair, and Condition, the
to keep said granted and demised Premises, Messages, Tenements, Out-
Premises houses, Erections, and Buildings, with all the Ditches, Fences,
in good and Improvements, now standing and being or which at any Time
Repair hereafter, during this Demise, shall be erected, standing or
being in and upon the hereby granted and demised Premises, or any
Part thereof, amd by and with all Manner of needful
Reparations and Amendments whatsoever, when and as often as
Occasion shall require, and shall not commit, or suffer to be
committed, any Waste or Destruction in or upon the said demised
Premises, or any Part well thereof during the said Term; and at
the End or other sooner Determination of this Demise, shall and
will yield and deliver up the possession of the said hereby
demised Premises unto the sd [said?] [?] [?] his Heirs or
assigns in like good Repair and Condition, and the Premises
fenced and bounded as aforesaid. AND the said Andw [Andrew?]
Francis Heirs & Assigns, DOTH covenant, promise and agree, to and
with the said William Forrest His Heirs and Assigns, well and
truly paying the Rents, and performing and keeping all and every
the Covenants and Agreement herein before reserved and contained
on his Part, to be paid, kept, and performed, shall and may
peaceably and quietly have, hold, occupy, possess, and enjoy the
Premises hereby demised, and every Part thereof (except before
Excepted) without the lawful let, trouble, or disturbance of the
of the said Andw [Andrew?] Francis his Heirs or Assigns or any Person
or Persons lawfully claiming or to claim, by, from, or under him
them, or any of them. IN WITNESS whereof the Parties aforesaud
have hereunto signed the Names and affixed their Seals the Day and
Year first above written
Signed sealed and Delivered by the said William Forrest
in presence of
Alexr [Alexander?] Purviance
G[?]st Henderson
Signed Sealed & delivered by Mrs Elixabeth
Robinson by Virtue of a Letter of [?]
the above Andw [Andrew?] Frans [Francis?] Barnard Esq
in presence of
Anne Elitzh [Elizabeth?] [?]wood
Alexr [Alexander?] Purviance
his
William * Forrest
Mark
Andrew francis Barnarde