City of Londonderry

Folio A23r (change)

[...] county of Londonderry to be cutt down and brought away att the Chardges of the said Robert and John and their assignes as shal[l] be sufficient for the building of the said mill and house and shall yearly during the said terme sett and plant uppon anie p[ar]t of the aforesaid p[re]misses two young trees of oake or ashe fitt or like to grow to be timber trees and the same or others to be sett and planted in the roome and steed of such of them as shall happen to dye shall mainteine p[re]serve and keepe from hurt and spoile during the said terme provided allwaies and uppon condic[i]on that if the said Robert [and] John or their assignes shall att anie time within seaven yeares now next comeing signifie in writing under their hands unto the Attourney generall in England of his ma[ies]tie his heires and successors for the tyme being that they will not hold the p[re]misses longer then one yeare after such significac[i]on that then att the end of the said one yeare this p[rese]nt agreement and the grannt and lease thereuppon made shall cease and be voyd or if the said Attourney generall shall within the [...] yeares by writing under his hand declare or expresse that the said Robert and John or their assignes shall not hold the p[re]misses longer then one yeare after such significac[i]on declarac[i]on or expression and the same writeing within three monethes after the date thereof be delivered to the said Rob[er]t and John or either of them their or either of their executors administrators or assignes or left in the Townehouse of the said late Citt y of Londonderry uppon anie Court day there that then this present agreem[en]t and the grannt [and] lease thereuppon to be made att the e nd of the said one y ear shall cease and be void anie thing in these presents concerned to the contrary thereof anie wise notwithstanding and it is further he[...] that if this p resent agreem[en]t or the said grant or lease thereuppon to be held shall cease a nd be void by reason or vertue of any such significac[i]on by the said Attourney generall for the time being under his hand in writing as aforesaid that then his Majesty will be gratiously pleased to allowe and pay unto the said Robert and John or their assignes any some of money towards the building of the said watermills and house soe as aforesaid to be erected as the Lord Deputy of Ireland for the time being shall thincke fitt. And that his ma[ies]tie wil[l] be gratiously pleased to confirme this agreement by L[ett]res patents under the great Seale of England and that the said Robert and John shall coven[a]nt and grant thereby for them their heires executors administrators and assignes to p[er]forme what is hereby agreed on their p[ar]ts In witnes whereof the said Commission ers and the said Robert and John have putt to their hands the day and yeare abovewritten:

Robert Thornton John Elvin

Sir John Vaughan 156.

The one and thirtieth day of the said monethe of August the aforesaid Com missioners for and on his ma[ies]t[ie]s behalfe by vertue of the said Commission and the right honourable Sir John Vaughan knight one of his ma[ies]t[ie]s honourable privy Councell of Ireland doe conclude and agree that the said S[i]r John and his assignes shall have and hold one p[ar]cell of wast mountaine ground w[i]th th[e] appurten[a]nc[e]s called the mountayne of Ballimack Peake lyeing within the lib[er]ties of the said late Citty and conteining by estimac[i]on three hund red [...] and two acres Irishe measure with all waies and passages unto the p[re]misses or any part thereof belonging or formerly enioyed therewith with the like excepc[i]ons and for the term of one and twenty yeares from the ffeast of Th[e] an[n]unciac[i]on of the blessed virgin Mary now last past for and under the yearly rent of Thirty six shillings and eight pence for [...] Six pounds thirteene sh illings [...] yeares residue of the said one and twenty

[…] county of Londonderry to be cut down and brought away, at the charges of the said Robert and John and their assigns, as shall be sufficient for the building of the said mill and house, and shall yearly during the said term set and plant upon any part of the aforesaid premises two young trees of oak or ash fit or like to grow to be timber trees, and the same or others to be set and planted in the room and stead of such of them as shall happen to die, shall maintain, preserve, and keep from hurt and spoil during the said term, provided always and upon condition that if the said Robert and John or their assigns shall, at any time within seven years now next coming, signify in writing under their hands unto the Attorney General in England of His Majesty, his heirs and successors for the time being, that they will not hold the premises longer then one year after such signification, that then at the end of the said one year this present agreement and the grant and lease thereupon made shall cease and be void, or if the said Attorney General shall within the  […] years, by writing under his hand, declare or express that the said Robert and John or their assigns shall not hold the premises longer then one year after such signification, declaration, or expression, and the same writing within three months after the date thereof be delivered to the said Robert and John or either of them, their, or either of their executors, administrators, or assigns, or left in the townhouse of the said late city of Londonderry upon any court day there, that then this present agreement and the grant and lease thereupon to be made at the end of the said one year shall cease and be void, anything in these presents concerned to the contrary thereof anywise notwithstanding, and it is further he[…] that if this present agreement or the said grant or lease thereupon to be held shall cease and be void by reason or virtue of any such signification by the said Attorney General, for the time being, under his hand in writing as aforesaid, that then his Majesty will be graciously pleased to allow and pay unto the said Robert and John or their assigns any sum of money towards the building of the said water-mills and house, so as aforesaid to be erected, as the Lord Deputy of Ireland for the time being shall think fit. And that His Majesty will be graciously pleased to confirm this agreement by letters patent under the Great Seal of England and that the said Robert and John shall covenant and grant thereby for them, their heirs, executors, administrators, and assigns to perform what is hereby agreed on their parts. In witness whereof the said commissioners and the said Robert and John have put to their hands the day and year abovewritten:

Robert Thornton John Elvin

 

Sir John Vaughan 156.

The one and thirtieth day of the said month of August, the aforesaid commissioners for and on His Majesty’s behalf by virtue of the said commission, and the Right Honourable Sir John Vaughan, knight, one of His Majesty’s honourable Privy Council of Ireland, do conclude and agree that the said Sir John and his assigns shall have and hold one parcel of waste mountain ground, with the appurtenances, called the mountain of Ballymacpeake, lying within the Liberties of the said late city and containing by estimation three hundred  […] and two acres Irish measure, with all ways and passages unto the premises or any part thereof belonging or formerly enjoyed therewith, with the like exceptions and for the term of one and twenty years from the feast of the Annunciation of the Blessed Virgin Mary now last past, for and under the yearly rent of thirty-six shillings and eight pence for  […] six pounds thirteen shillings  […] years residue of the said one and twenty