Mercers’ Proportion

Folio C4v (change)

all ways and passages unto the premises or any part thereof belonging or formerly enjoyed therewith Excepting a nd reserving unto his Majesty his heirs and successors all timber and timber trees storiers saplings and great trees mynes and quarryes in uppon or belonging to the premises or any part thereof and all such reasonable waies and passages over the p[re]misses for the ten[a]nts and occupiers of his Majesty’s other lands as have formerly binn used and all the River of Bann and all other rivers creekes and streames in the foresaid premises or any part thereof and the soile and ground thereof and all the ffishing and takei ng of sallmons Eeles and other ffishe in the said rivers creekes and streames with free lib[er]ty for his ma[ies]tie his heirs and successors and his and their ten[a]nts and ffarmers and the ffishers of the said ri vers creeks streams and ffishings to make houses and draw their netts and doe any other thing else whatsoever upon the p[re]misses concerning the said ffishings for the terme of one and twenty years from the feast of Phillip and Jacob now last past and under the yearly rent of o[...] pounds sterling paiable into the Receipt of his ma[ies]t[ie]s Exchequer in England or unto the hands of the Receivor of his ma[ies]tie his heires and successors for the tyme being for the revenue of Londonderry als[o] Derry and Colerane or either of them att the ff easts of All Saints and Phillip and Jacob by even and equall porc[i]ons Uppon condition that the said term shall cease and be voyd if the said rent or any part there of shall be be hind and unpaid by the space of fifty daies next after anie of the said ffeasts or days of payment aforesaid and the said Sir Thomas Staples or his assignes shall att his and their proper costs and charges within ffower yeares now next comeing er ect and build and fully finish upon the premises one sufficient and substantiall house of timber stone or bricke after the manner of an English house two storyes or more highe and conteining twelve roomes att the least [...] barne and stable according to and after the manner of Englishe building [...] sufficient and substantiall dwelling houses of timber stone or bricke after the manner of English houses everie of the said houses to be two storyes or more highe and to conteyne six rooms at the least and the said S[i]r Thomas Staples his executors administrators and assig ns or some other able and sufficient ten[a]nt with his family shall from tyme to tyme du ring the residue of the said terme of yeares after the said houses soe builded be resident and inhabi tant in and upon the aforesaid house soe as aforesaid to be built and to conteyne [...] and that there shal[l] be resident and inhabitant in and uppon every of [th]e houses soe as aforesaid to be built and sufficient and able ten[a]nts [...] during the said terme And that the said S[i]r Thomas Staples shall be inhabitant in [and] uppon the aforesaid p[re]misses shall d uring the said terme grind att h is Majesty’s mill in Swetra within the late Mannor of Mercers or proporc[i]on called the Mercers proporc[i]on all his and their mault corne and graine w[hi]ch he and they and every of them shall expend or use uppon [th]e p[re]misses or being ground shall sell to any p[er]son or p[er]sons and pay for grinding thereof to the Miller of the said Mill for the tyme being the Sixteenth p[ar]t of all the said mault corne and graine and that the said S[i]r Thomas and his assignes shall doe suite att the Court Barron to be houlden for such Mannor as his ma[ies]tie shall erect upon or within the said Proporc[i]on from three weekes to three weekes if the same shal[l] be soe often held and shall during the said terme keepe susteine and mainteine the aforesaid messuages and all other the aforesaid buildings in good and sufficient reparations and yearly during the said terme shall make two hundred roods of good fence with dike and double quicksett and uppon the aforesaid p[re]misses for enclosing the same and deviding the same into severall p[ar]cells and the same being soe made and all other the hedges ditches and inclosures upon or belonging to the aforesaid p[re]misses shall keepe and mainteyne well and sufficiently fenced ditched inclosed and quicksetted during the said terme and shall yearly during the said terme sett and plant uppon some p[ar]t of the aforesaid p[re]misses twenty young trees of oake ashe or ellme fitt and likely to grow to be timber trees and the same or others to be sett and planted in the roomes and steeds of such of them as shall happen to dye shall mainteyne p[re]serve and keepe from hurt and spoile during the said term and shall at

T wenty trees

all ways and passages unto the premises or any part thereof belonging or formerly enjoyed therewith. Excepting and reserving unto his Majesty, his heirs and successors all timber and timber trees, storiers, saplings and great trees, mines, and quarries in, upon, or belonging to the premises or any part thereof, and all such reasonable ways and passages over the premises for the tenants and occupiers of his Majesty’s other lands as have formerly been used, and all the River of Bann and all other rivers, creeks, and streams in the foresaid premises or any part thereof, and the soil and ground thereof, and all the fishing and taking of salmon, eels, and other fish in the said rivers, creeks, and streams with free liberty for his Majesty, his heirs and successors, and his and their tenants and farmers and the fishers of the said rivers, creeks, streams, and fishings to make houses and draw their nets and do any other thing else whatsoever upon the premises concerning the said fishings, for the term of one and twenty years from the feast of Phillip and Jacob now last past, and under the yearly rent of o[…] pounds sterling payable into the receipt of his Majesty’s Exchequer in England, or unto the hands of the Receiver of his Majesty, his heirs and successors, for the time being for the revenue of Londonderry, also Derry, and Coleraine, or either of them, at the feasts of All Saints and Phillip and Jacob by even and equal portions. Upon condition that the said term shall cease and be void if the said rent or any part thereof shall be behind and unpaid by the space of fifty days next after any of the said feasts or days of payment aforesaid, and the said Sir Thomas Staples or his assigns shall at his and their proper costs and charges within four years now next coming erect and build and fully finish upon the premises one sufficient and substantial house of timber, stone, or brick after the manner of an English house, two stories or more high and containing twelve rooms at the least, […] barn and stable according to and after the manner of English building, […] sufficient and substantial dwelling houses of timber, stone, or brick after the manner of English houses, every of the said houses to be two stories or more high and to contain six rooms at the least, and the said Sir Thomas Staples, his executors, administrators, and assigns, or some other able and sufficient tenant with his family, shall from time to time during the residue of the said term of years after the said houses so builded, be resident and inhabitant in and upon the aforesaid house so as aforesaid to be built and to contain […], and that there shall be resident and inhabitant in and upon every of the houses so as aforesaid to be built, and sufficient and able tenants […] during the said term. And that the said Sir Thomas Staples shall be inhabitant in and upon the aforesaid premises, shall during the said term grind at his Majesty’s mill in Swatragh within the late Manor of Mercers or Proportion called the Mercers’ Proportion, all his and their malt, corn, and grain which he and they and every of them shall expend or use upon the premises or being ground shall sell to any person or persons, and pay for grinding thereof to the miller of the said mill for the time being the sixteenth part of all the said malt, corn, and grain, and that the said Sir Thomas and his assigns shall do suit at the court baron, to be holden for such manor as his Majesty shall erect upon or within the said Proportion from three weeks to three weeks if the same shall be so often held, and shall during the said term keep, sustain, and maintain the aforesaid messuages and all other the aforesaid buildings in good and sufficient reparations, and yearly during the said term shall make two hundred roods of good fence with dikes and double quicksett, and upon the aforesaid premises for enclosing the same and dividing the same into several parcels and the same being so made, and all other the hedges, ditches, and enclosures upon or belonging to the aforesaid premises shall keep and maintain well and sufficiently fenced, ditched, enclosed, and quicksetted during the said term, and shall yearly during the said term set and plant upon some part of the aforesaid premises twenty young trees of oak, ash, or elm fit and likely to grow to be timber trees and the same or others to be set and planted in the rooms and steads of such of them as shall happen to die, shall maintain, preserve, and keep from hurt and spoil during the said term, and shall at

twenty trees