Natives’ Lands

Folio Q4r (change)

at his and their own proper costs and charges well and sufficiently with ditches [and] quicksett and with other good and sufficient fences and enclosure sever and part all the said premises from the other landes of his Ma[ies]tie and his Ten[a]nts and from the lands of other persons neere adioyninge unto the premisses and the same shall from tyme to tyme preserve and keepe And that the said Tristram his heires or assignes shall not nor will not demise or lett the premises or any p[ar]te thereof nor voluntarily nor willingly suffer the same or any part thereof to come to the hands or possession of any p[er]son or persons whatsoever that shall not then before have taken the oaths of allegiance [and] supremacy before some Iustice of the peace or others in that behalfe lawfully authorised And shall from tyme to tyme and att all tymes hereafter have and keepe in readines for the service of his Ma[ies]tie his heires [and] Successors one Muskett furnished in such manner as the same shall be all owed by the Mustermaster of the County wherein the premisses are for the tyme beinge, And the said Tristram shall up[p]on reasonable request have assigned and sett out to him by the Woodward or other Officer of his Ma[ies]tie soe much good and sufficient rough tymber in an d upon the premisses if the same be there to be had as shall be fitt and necessary to be used in buildinge the said howse And that his Ma[ies]tie will be gratiously pleased by letters Patents under the great seale of England to ratify and confirme This Agreement And that the said T ristram shall covenant [and] grannt thereby for him his heires Executors, administrators and assignes to p[er]forme what is hereby agreed on his part In Wittnes whereof the said Com[m]issioners and the said Tristram Berisford have sett to their hands [and] seales the day and yeare abovewritten:

Raphe Whitfeld Tho[mas] ffotherley 1639 Tris[tram] Beresford

one Muskett

Edward Rowley Esq[uire] Shane o Cahan 5.

The said second day of August the aforesaid Com[m]issioners for and on his Majesty’s behalf by virtue of the said Commission and Edward Rowley of Castell Rowe in the late county of Londonderry Esq[uire] and Shane O Cahan of Campson [th]e lower in [th]e C ounty of Londonderry gentleman do conclude and agree that the said Edward Rowley and Shane O’Cahan and their assignes shall have and hold durin g the natural life of Honora O Cahan widdowe late wife of S[i]r Donal Ballagh O’Cahan All those tenn Townelands com[m]only called or known by the name or names of Ballelighey, Dromogoskere Tirdowe Clyde [...] Roskey Ballyneherry, Clonkeane and Bal[...] or by whatsoever other name or names the s ame or any of them be called or knowne And all the Messuages Cabyns cottages houses edifices and buildings thereup[p]on all which premisses are lyinge and being in the Proportion of land called the Haberdashers Proportion in the late county of Londonderry and allso all waies and passages to the aforesaid premises or any part thereof belonginge or therewith enioyed Ex cept and always reserved unto his Ma[ies]ty his heires and successors all mines and also all timber and timber trees growinge or beinge or which hereafter shall grow or be in or up[p]on the premisses or any p[ar]te thereof wi th liberty to fell cutt downe and carry away the same, and lib[er]ty to h awk hunt fish and ffowle up[p]on the premisses, att reasonable [and] conve nient times and also reservinge and exceptinge unto his Ma[ies]ty his heires a nd successors all the fishing and takinge of Salmons, eels and other fish in the rivers and fishings of Bann Lough Foyle Lougheagh als[o] Lough Sidney and in all the rivers creeks

at his and their own proper costs and charges, well and sufficiently, with ditches and quicksett and with other good and sufficient fences and enclosure, sever and part all the said premises from the other lands of his Majesty and his tenants, and from the lands of other persons near adjoining unto the premises, and the same shall from time to time preserve and keep. And that the said Tristram, his heirs or assigns shall not nor will not demise or let the premises or any part thereof, nor voluntarily nor willingly suffer the same or any part thereof to come to the hands or possession of any person or persons whatsoever that shall not then before have taken the oaths of allegiance and supremacy before some Justice of the Peace or others in that behalf lawfully authorised. And shall, from time to time and at all times hereafter, have and keep in readiness for the service of his Majesty, his heirs and successors one musket furnished in such manner as the same shall be allowed by the Muster Master of the county wherein the premises are for the time being. And the said Tristram shall, upon reasonable request, have assigned and set out to him by the Woodward or other Officer of his Majesty, so much good and sufficient rough timber in and upon the premises if the same be there to be had as shall be fit and necessary to be used in building the said house. And that his Majesty will be graciously pleased by letters patent under the Great Seal of England to ratify and confirm this agreement. And that the said Tristram shall covenant and grant thereby for him, his heirs, executors, administrators, and assigns to perform what is hereby agreed on his part. In witness whereof the said commissioners and the said Tristram Beresford have set to their hands and seals the day and year abovewritten:

Ralph Whitfeld Thomas Fotherley 1639 Tristram Beresford

one musket

Edward Rowley esquire Shane O’Cahan 5.

The said second day of August, the aforesaid commissioners for and on his Majesty’s behalf by virtue of the said commission, and Edward Rowley of Castleroe in the late county of Londonderry, esquire, and Shane O’Cahan of Campsey Lower in the county of Londonderry, gentleman, do conclude and agree that the said Edward Rowley and Shane O’Cahan and their assigns shall have and hold during the natural life of Honora O’Cahan, widow, late wife of Sir Donal Ballagh O’Cahan, all those ten townlands commonly called or known by the name or names of Ballyleagry, Drumagosker, Terrydoo Clyde, […], Ruskey, Ballynahery, Glenkeen, and Bal[…], or by whatsoever other name or names the same or any of them be called or known. And all the messuages, cabins, cottages, houses, edifices, and buildings thereupon, all which premises are lying and being in the Proportion of land called the Haberdashers’ Proportion in the late county of Londonderry, and also all ways and passages to the aforesaid premises or any part thereof belonging or therewith enjoyed. Except and always reserved unto his Majesty, his heirs and successors all mines and also all timber and timber trees growing or being, or which hereafter shall grow or be, in or upon the premises or any part thereof, with liberty to fell, cut down, and carry away the same, and liberty to hawk, hunt, fish, and fowl upon the premises at reasonable and convenient times, and also reserving and excepting unto his Majesty, his heirs and successors all the fishing and taking of salmon, eels, and other fish in the rivers and fishings of Bann, Lough Foyle, Lough Neagh, also Lough Sidney, and in all the rivers, creeks,