Mercers’ Proportion

Folio C1r (change)

[...] of Mercers [...]

The fower and twentieth d ay of July in the ffifteenth yeare of his Majesty’s reigne annoque D[omi]ni 1639 the aforesaid S[i]r Raph Whitfeld and Thomas ffotherley his ma[ies]t[ie]s C ommissioners for and on his ma[ies]t[ie]s behalfe by vertue of the said said Commission and James Carnohan of Kilrea in the late county of Londonderry husbandman doe conclude and agree that the said James Carnohan and his assignes shall have and hold one messuage or tenement orch ard [...] thereunto belonging in Killreaghe aforesaid and all those lands conteining by estimation ffifteene acres and three acres of [...] six a cres of bogg Irishe measure [...] in Killreaghe aforesaid and all bu ildings thereupon all w hich p[re]misses now are or late were in the tenure or occupac[i]on of Henry Allstocke and the said James or one of them their or one of their assigns and all waies and passages unto the p[re]misses or anie p[ar]t thereof belonging or formerly enjoyed therewith Excepting and reserving unto his ma[ies]tie his heirs and successors all timber and timb er trees mynes and quarryes in uppon or belonging to the p[re]misses or any part thereof and all such reasonable and convenient waies and passages over the p[re]misses for the ten[a]nts and occu piers of his ma[ies]t[ie]s other lands as have formerly binn used and all the River of Bann and all other Rivers creekes and streames in the Province of Ulster and the soile and ground thereof and all the ffishings and takeing of Sallmons Eeles and other fishe in the said rivers creekes and streames with free lib[er]tie for his ma[ies]tie hi s heirs and successors and his and their ten[a]nts and ff armers and the ffishers of the said rivers creekes and streames and ffishings to make houses draw their netts and do any other thing else whatsoever uppon the p[re]misses concerning the said ffishings for the terme of one and twenty yeares from the ffeast of Phillip and Jacob now last past for and under the yearly rent of Six pounds and tenn shillings sterling paiable unto his ma[ies]tie his heires and successors into the receipt of the Exchequer in England unto the hands of the Receivor of his ma[ies]tie his heires and successors for the tyme being for the Reven[n]ue of Londonderry als[o] Derry and Colerane or either of them att the ffeasts of All Saints and Phillip and Jacob yearly by equall porc[i]ons. Upon Condic[i]on that the said terme shall cease and be voyd if the said rent or any p[ar]t thereof shal[l] be behind and unpaid by the space of ffifty daies next after any of the said ffeasts or daies of paim[en]t aforesaid and the said James or some other able and sufficient ten[a]nt with his family shall from time to time during the said terme of one and twenty yeares be resident and inhabitant in and uppon the aforesaid p[re]misses and grind att his ma[ies]t[ie]s mill in Killreaghe aforesaid all his and their mault corne and graine w[hi]ch he or they shall expend or use uppon the aforesaid p[re]misses or being ground shall sell to an y 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 mault corne and graine and shall doe suite at the court Barron to be houlden for such Mannor as his ma[ies]tie shall create uppon or within the Proporc[i]on of land called the Mercers proporc[i]on or late Mannor of Mercers in the late county of Londonderry from three weekes to three weekes if the same shal[l] be s o often held and shall keepe and mainteyne the aforesaid messuage or tenem[en]t and p[re]misses in good and sufficient reparac[i]ons and inclosures during the said terme with dikes and double quicksett and shall yearly during the said terme sett and plant uppon so me part of the aforesaid p[re]misses three young trees of oake ashe or ellme fitt and likely to gro w to be timber trees and the same or others to be sett and planted in the roomes and steads of such of them as shall happen to dye shall mainteine p[re]serve and keepe fr om hurt and spoile during the said terme and shall att his and their propper costs and chard ges during the said terme have and keepe in readines for the service of his ma[ies]tie his heirs and successors one muskett furnished in such manner as the same shall and may be allowed by the Muster Master of the late county for the tyme being And that his Majesty will be graciously pleased to ratify and confirm this agreement by his letters patent under the Great Seale of England

vi li. x s. Three Trees

[…] of Mercers […]

The four and twentieth day of July in the fifteenth year of his Majesty’s reign, annoque domini 1639, the aforesaid Sir Ralph Whitfeld and Thomas Fotherley, his Majesty’s commissioners for and on his Majesty’s behalf by virtue of the said said commission, and James Carnohan of Kilrea in the late county of Londonderry, husbandman, do conclude and agree that the said James Carnohan and his assigns shall have and hold one messuage or tenement, orchard, […] thereunto belonging in Kilrea aforesaid and all those lands containing by estimation fifteen acres, and three acres of […], six acres of bog Irish measure […] in Kilrea aforesaid and all buildings thereupon, all which premises now are or late were in the tenure or occupation of Henry Allstock and the said James or one of them, their, or one of their assigns, and 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, mines, and quarries in, upon, or belonging to the premises or any part thereof, and all such reasonable and convenient 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 province of Ulster, and the soil and ground thereof, and all the fishings 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 and streams, and fishings to make houses, 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, for and under the yearly rent of six pounds and ten shillings sterling payable unto his Majesty, his heirs and successors, into the receipt of the Exchequer in England, 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 yearly by 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 James or some other able and sufficient tenant with his family shall, from time to time during the said term of one and twenty years, be resident and inhabitant in and upon the aforesaid premises, and grind at his Majesty’s mill in Kilrea aforesaid all his and their malt, corn, and grain which he or they shall expend or use upon the aforesaid 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 shall do suit at the court baron, to be holden for such manor as his Majesty shall create upon or within the Proportion of land called the Mercers’ Proportion or late Manor of Mercers in the late county of Londonderry, from three weeks to three weeks if the same shall be so often held, and shall keep and maintain the aforesaid messuage or tenement and premises in good and sufficient reparations and enclosures during the said term with dikes and double quicksett, and shall yearly during the said term set and plant upon some part of the aforesaid premises three 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 his and their proper costs and charges during the said term 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 and may be allowed by the Muster Master of the late county for the time being. And that his Majesty will be graciously pleased to ratify and confirm this agreement by his letters patent under the Great Seal of England

vi pounds x shillings three trees