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CROCKATIGLE - RENEWAL OF LEASE 1847

Jan Hart writes:
I hold the original vellum manuscript and have transcribed it although some of the handwriting is difficult to decipher.  If I have misinterpreted the names please feel free to tell me! There are some words which I cannot make out at all. At some point I would like to add an image of the manuscript which measures about 36" x 30"

This kind of document is quite difficult to read through and you may only wish to do so if there are names of interest.  Names which appear are:

Mary McFarland (widow), William Armstrong, Thomas Barton of Bordeaux (dec'd), Alexander Barton (dec'd), John Barton, Elizabeth Barton, HRH  Albert Prince of Wales, Victor Brooke, Sir Arthur Brooke, John Charles Graham, John Graham, William Caldwell, Folliott Warren Barton.


This INDENTURE made the thirty first day of December in the year of our Lord One Thousand Eight Hundred and Forty Seven BETWEEN Folliott Warren Barton of Clonelly in the County of Fermanagh Esquire of the one part and Mary McFarland of ??? – in the County of Fermanagh widow, and William Armstrong of Killgartualeague in the County of Fermanagh Gentleman of the other part

WHEREAS by Indenture of Lease bearing date the thirteenth day of March One thousand Seven Hundred and Seventy Five, and made between Thomas Barton of Bordeaux in the Kingdom of France Esquire since deceased of the one part, and Alexander Barton of Crockatigle in the County of Fermanagh in the Kingdom of Ireland farmer, since deceased of the other part.

He the said Thomas Barton for the consideration therein mentioned did devise, grant Set and to farm set, release and confirm unto the said Alexander Barton containing Nineteen acres three roods and thirty perches or thereabouts, be the same more or less of the then Irish plantation measure, with all and singular the rights members privileges appendages and appurtenances whatsoever to the said lands and premises belonging or in any wise appertaining thereto, situating lying and being in the Barony of Lurg and County of Fermanagh Excepting and preserving as therein and hereinafter is excepted and reserved, To hold all and singular the said thereby devised premises with the rights members privileges appendages and appurtenances herewith being unto the said Alexander Barton, his heirs and assigns for and during the natural life and lives of him the said Alexander Barton and of John Barton then aged about Seven years and of Elizabeth Barton then aged three years or thereabouts, which said John and Elizabeth Barton were the eldest Son and daughter of the said Alexander Barton the Lessee, and for and during the life of the survivors and survivor of them, he the said Alexander Barton, his heirs and assigns, yielding and paying therefor and thereout yearly and every year during the continuance of said demise unto the said Thomas Barton his heirs and assigns, the clear yearly rent of Two pounds five shillings sterling of the then Currency of Ireland, at the time and in the manner therein mentioned.

And the said Thomas Barton, did thereby for himself his heirs and assigns, Covenant promise grand and agree to and with the said Alexander Barton his heirs and assigns, in common and form following that is to say that the said Thomas Barton his heirs and assigns, should and would from time to time and at all times thereafter as after as any of the said lines for which the said promises were thereby granted, or any other life or lives to be added to said Grant pursuant to the Covenant for Renewal therein contained should happen to die, then and so after he the said Thomas Barton his heirs and assigns, should and would make and execute a Renewal or new Lease of the said promises unto the said Alexander Barton his heirs and assigns, for and during such those lives as he or they should nominate, at and under the said yearly rent of Two pounds five shillings of the then Currency of Ireland with the like Covenants and agreements as therein contained And It was further declared by said Lease to be the true intent and meaning thereof, and of the parties thereto that the said Alexander Barton his heirs and assigns should have and be entitled to the Lease of the said premises for three lives renewable for ever, at and under the said yearly rent and Covenants therein contained.

AND WHEREAS all the Estate right title interest and rr????? Of the said Thomas Barton in and to said Lands, subject to said Lease, and the Covenant for Renewal therein contained is now rested in the said Folliott Warren Barton party here.

AND WHEREAS all the Estate right, title, interest, claim and demand with right and Receipts of Renewal of said Lease of him the said Alexander Barton is now by means Assignment or otherwise duly vested in the said Mary McFarland and William Armstrong partys hereto, as Tenants in Common

AND WHEREAS, Alexander Barton, John Barton and Elizabeth Barton the three Cestui que views married (?) in said Indenture of Lease of the thirteenth day of March One Thousand Seven Hundred and Seventy Five, have since died, and the said Mary McFarland and William Armstrong have applied to the said Folliott Warren Barton to renew said Lease who hath pursuant to the Covenant therein contained agreed to grant a Renewal thereof to them, and they the said Mary McFarland and William Armstrong have nominated His Royal Highness Albert Prince of Wales now aged about Six—years, and Victor Brooke eldest son of Sir Arthur Brooke of Colebrook in the County of Fermanagh Baronet, now aged about five years and John Charles Graham son of John Graham of Enniskillen Attorney at Law aged about three years – to be the lives or Cestui que vies mentioned and inserted in this Renewal in the room and of the said Alexander Barton and John Barton deceased

NOW THIS INDENTURE WITNESSETH that the said Folliott Warren Barton, for and in consideration of the Covenanted for perpetual Renewal in said Indenture of Lease of the thirteenth day of March One Thousand Seven Hundred and Twenty Five, contained, and also in consideration of all rent and advances of rent due and owing out of said Lands and premises up to and for the first day of May 1st first, being fully paid off and discharged, and also in consideration of the sum of Ten Shillings sterling to have in hand paid by the said Mary McFarland and William Armstrong or one of these forever DOTH devise grant set and to farm let release and confirm unto the said Mary McFarland and William Armstrong and to their heirs and assigns ALL THAT AND THOSE the town and lands of Crockatigle, containing Nineteen Acres three roods and thirty perches or thereabouts, Irish plantation measure be the same more or less with all and singular the rights members of privileges appendages and appurtenances whatsoever to the said Lands and premises belonging or in any wise appertaining as the same was formerly named and bounded and in the occupation of Alexander Barton hereintobefore mentioned, situate lying and being in the Barony of Lurg and County of Fermanagh aforesaid.

Excepting and always reserving out of this demise unto the said Folliott Warren Barton his heirs and assigns all mines minerals coals quarries and royalties whatsoever now or hereafter to be found in or upon the said devised premises or any part thereof together with the liberty for the said Folliott Warren Barton his heirs and assigns with his and their agents Servants and horses to fell cut dig search for and carry away the same making reasonable satisfaction for the waste spoil or damage which shall or may be committed by means thereof on the Grass, Courses or Soil of the said premises unto the said Mary McFarland and William Armstrong their heirs and assigns, together also with free and full liberty to and for the said Folliott Warren Barton his heirs and assigns, granting to the said Mary McFarland and William Armstrong their heirs and assigns, full and free liberty at all times to Quarry or raise and make use of Limestone and any other Manures and Soils, which are or may be had or found on all or any part of the hereby granted and devised premises for the purposes of building on or otherwise improving or benefiting the premises hereby demised

TO HAVE AND TO HOLD all and singular the said hereby granted and demised premises/except as before excepted, wit the rights members privileges appendages and appurtenances thereunto belonging with the said Mary McFarland and William Armstrong and to their heirs and assigns, for and during the natural life and lives of His said Royal Highness Albert Prince of Wales, Victor Brooke, and John Charles Graham being the names now added to this Renewal and for and during the life and lives of the survivors or survivor of them, and for and during the life and lives of all such person and persons shall from time to time for ever Preceptor, be added thereto, by virtue of the Covenant for perpetual Renewal in said hereinbefore recited Lease Contained. They the said Mary McFarland and William Armstrong their heirs and assigns HOLDING AND PAYING therefor and thereof yearly, and every year during the continuance of this devise unto the said Folliott Warren Barton his heirs and assigns, the clear yearly rent of Two Pounds One Shilling and six pence halfpeny sterling being equivalent to the sum of Two Pounds Five Shillings of the late Currency of Ireland, the same to be paid an payable by two even and equal ??? yearly payments on every first day of November and first day of May during the continuance of this devise, the first payment of three of three to be made on the first day of November and next arising.

The date hereof, over and above all taxes charges deductions and impositions whatsoever charged or to be charged or chargeable on the demised premises at any time hereafter by act of Parliament or otherwise howsoever, quit rerit. Crown head and Chief Rent only excepted PLUS the said Mary McFarland and William Armstrong do an each of them doth hereby for themselves their heirs execs advisors and assigns, Covenant promised grant and agree to and with the said Folliott Warren Barton his heirs and assigns, that if it shall happen that the said yearly rent or any part thereof shall lie behind and unpaid by the space of twenty one days next after any of the said days wheresoever the same ought to be paid as aforesaid, that them and so often as it shall so p??? it shall and may be lawful to and for the said Folliott Warren Barton his heirs and assigns unto the said demised premises or any part thereof to enter and distraire and the distresses them and them forced to take lead d?? and carry away improved and impound to detail, and thereof to dispose according to Law for the payment and satisfaction of all such rent as shall then happen to lie due and in arrear, and if no sufficient distress or distresses can or may be had or found on the said devised premises sufficient to satisfy the said rent and arrears thereof which shall be then due in that Case, it shall and may be lawful to and for the same Folliott Warren Barton his heirs and assigns unto the same demised premises or any part thereof in the virtue of the whole to re-enter and the same to peace? Again to repossess and enjoy as in his and their former Estates any thing herein contained to the contrary thereof in any wise notwithstanding

AND the said Mary McFarland and William Armstrong do hereby for themselves their heirs executors administrators and assigns, Covenant premises grand and agree to and with the said Folliott Warren Barton his heirs and assigns in manner and force following that is to say that the said Mary McFarland and William Armstrong and their h heirs and assigns, shall and will well and truly pay or cause to be paid unto the said Folliott Warren Barton his heirs and assigns, the said yearly rent pre??? Reserved on the days and times hereinbefore mentioned and apported for payment thereof, without any deduction or deductions whatsoever together with such Costs and expenses as the said Folliott Warren Barton his heirs and assigns shall sustain or be first to for or by means of the non-payment thereof

AND ALSO that they the said Mary McFarland and William Armstrong their heirs and assigns, and their undertenants and Cottiers residing on the said premises shall and will grind or cause to be ground all the grain that shall grow and be consumed or expended upon the said devised premises at the Mill of Killynoogan on the said Folliott Warren Barton'’ Estate, and shall and will pay the usual accustomed Toll on Mulct?? For Grinding the same, and also shall and will do suit and service as often as they shall be thereunto duly summoned at the Courts Leet and Courts … of the Marcor in which the said Lands lye, and pay the usual and accustomed fees thereof to such person or persons as shall from time to time be appointed Seneschal of the said Cowston Marcor??

IN WITNESS whereof the parties aforesaid have hereunto set their hands and affixed their Seals the day and year fist above written.

Signatures and seals

F W Barton
Mary McFarland
Wm Armstrong

Written on back of document
Dated 31st Day of December 1847

Folliott Warren Barton Esq  To 
Mary McFarland, Widow  And Wm Armstrong Gent.

RENEWAL OF LEASE of Lands of Crockatigle

William Caldwell
69 Dom.St,

 

Transcribed from the original document by Jan Hart

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