1766 January 10 DEED: JOHNSTON-OLIVER PRONI D/288/41

 

NOTE: This lease for 77 acres of Tullymore was for 14 years, therefore matured in 1780. John OLIVER is described as a draper. NOTE: By the close of the eighteenth century the term ‘draper’ was applied indiscriminately to both the bleachers and the buyers whom they employed to tour the linen markets buying an assortment of linen, [1] Given this, it is significant that the deed mentions: to manage and repair the mill dam and mill race belonging to the mill of Tullymore. This would suggest that this John OLIVER was a draper who had a linen operation of some ilk on his property.  I suspect that he is the John OLIVER OF Tullymore who died in 1772 (SOURCE: Index of will probate). He is also likely the one who is the father of Rebecca OLIVER (1746-1813) who married James HOLMES in 1774; if this is the case, he would be the son of William OLIVER and brother of William OLIVER, Mary DOBBIN, and Andrew OLIVER of Newtownhamilton. The notes on the outside of the lease indicate that the lease commenced 1 November 1765 and a note was added about rent paid in 1779.

 

THIS INDENTURE MADE the Tenth Day of January in the Year of our Lord one Thousand Seven Hundred and Sixty Six between Joseph Johnston [2] of Armagh in the Parish and County of Armagh gent of the one part and the John Oliver [3] of Tullymore [4] in the Parish and County of Armagh aforesaid Linen Draper of the other part, WITNESSETH:  that the said Joseph Johnston for and in consideration of the rents and covenants here after reserved and expressed hath demised, granted, set and to farm let and by these presents doth the demise grant set and to farm let, unto the said John Oliver his heirs, executors, administrators and assigns all the part and parcel of land now in the actual possession of the said John Oliver containing by computation 77 acres English measure be the same more or less in which is included the proportion of turf bog in Tullymore aforesaid and now possessed by the said John Oliver with the rights, members and appurtenances, thereunto belonging situate lying and being in Tullymore aforesaid in the parish and County of Armagh aforesaid EXCEPTING and always RESERVING out of this present demise under the said Joseph Johnston his  heirs and assigns and His  and their attendance, with their servants and horses, full and free liberty into all and any part of the said demised premises to fish, fowl, Hunt and Hawke, from time to time during the term hereby granted a fourteen years commencing the first day of November one thousand seven hundred and sixty six and also excepting and reserving out of this demise all mines, minerals, Marls and quarries of coal, marble, Free-stone and slate, and all other Royalties what so ever, with full and free liberty of ingress, egress and regress, to and for him the said Joseph Johnston his heirs and assigns, to search for, dig and carry away the same, TO HAVE and TO HOLD the said lands and premises, with the rights, members and appurtenances, thereunto belonging or in any wise pertaining (except as before accepted) unto the said Joseph Johnston from the first day of November one thousand seven hundred and sixty five for and during the full-term and space of fourteen years from thence fully to be completed and ended the said John Oliver his heirs, executors administrators and assigns YIELDING and PAYING therefore and thereout on to the said Joseph Johnston his Heirs and Assigns the clear yearly rent or some of thirty three pounds eighteen shillings sterling fees included together with two days work of man and horse or two shillings sterling in lieu thereof with four fat hens or two shillings sterling in lieu of them over and above all public taxes, subsidies and impositions whatsoever imposed or to be imposed (Quit-rent and Chief-rent only excepted) the said yearly rent or sum of  thirty three pounds eighteen shillings and duties aforesaid to be paid half yearly by equal portions on every first day of May and every first day of November yearly during the said term of fourteen years AND if it shall happen that the said reserved yearly rent and duties or any part there are all of, be behind or unpaid, for or by the space of fourteen days next after any of the said Days of Payment whereon the same ought to be paid as aforesaid, that then and in such cases it shall and may be lawful to and for the said Joseph Johnston his heirs and assigns into the said demised  premises or any part of thereof to enter and destrain for the said rent and duties so behind and unpaid, and a distress or distresses there found, to take, lead, drive and carry away and the same to dispose of according to law until such rent and duties and arrears thereof be fully satisfied and Paid together with such reasonable Charges as the said Joseph Johnston his heirs and assigns shall be at or put to on account of his or their destraining as aforesaid, and in case no distress can or may be had or found on the said demised premises sufficient to answer such arrear of Rent and duties as may happen at any time or times during the said term to be behind and unpaid, that then and in such cases it shall and may be lawful to and for the said Joseph Johnston his heirs and assigns into and upon the said demised premises, or any part thereof, in the name of the whole to re-enter, and the same to have again Re-possess and Enjoy, as in his or their former estate any thing herein before contained to the contrary thereof in any wise notwithstanding.  AND the said John Oliver Doth covenant, promise, Grant and agree, to and with the said John Johnston his heirs and assigns, by these presents, that he the said John Oliver his executors administrators and assigns shall and will during the term hereby granted, well and truly pay or cause to the paid unto the said John Johnston his heirs and assigns, the said yearly rent or some of thirty three pounds eighteen shillings sterling fees included together with two days work of man and horse or two shillings sterling in lieu thereof  with four fat hens or two shillings sterling in lieu of them on the days and times and in manner and form above mentioned for payment thereof without deduction fraud or further delay according to above reservations and the true intent and meaning of these presents and the said John Oliver his heirs assigns or administrators shall and will as often as he and they shall be lawfully summoned, do Suit and Service at the Courts-Leet and Courts-Baron, of the Manor of Armagh and shall and will pay at the same time the usual Fees, Leet-money or Head-silver.  And the said John Oliver Doth for himself covenant, promise, grant and agree to and with the said Joseph Johnston his heirs and assigns, that he the said John Oliver his heirs administrators or assigns and hi &s their undertenants, and Cotters of the said premises hereby demised show and will at all times during the said term, grind all his and their corn and grain, that shall be expended on the premises, at the mill of Tullymore or other such meal or mills belonging to the said Joseph Johnston his heirs and assigns as he or they shall afterwards build and appoint, and shall pay the usual Toll or Moulter for grinding at said mill or mills, or in default thereof he the said John Oliver his administrators or assigns shall forfeit and pay unto the said Joseph Johnston his heirs and assigns the sum of six shillings sterling, for every barrel of corn or grain ground at any other mill or mills.  AND also that the said John Oliver his heirs administrators or assigns at their own proper Cost and Charges, shall and will preserve old houses, ditches, fences, orchards, gardens, plantations of trees and other improvements now made or that shall thereafter be made on the said demised premises during this demise in stiss, staunch and tenantable order and repair, and the same shall yield up and deliver in the said good order and repair under the said Joseph Johnston his heirs and assigns at the end or other sooner determination of this present demise.  AND the said Joseph Johnston does hereby for himself his heirs and assigns, covenant to and with the said John Oliver his heirs executors, administrators and assigns, that paying the said rent, and performing the said covenants he and they shall and may peaceably and quietly enjoy the said premises, during the said term for which the premises is Demised IN WITNESS whereof, the parties to these presents have interchangeably set their hands and affixed their seals the day and year first above written. 

Memorandum that before signing and sealing it is further agreed upon by and between the parties aforesaid & their aforesaids that the said Joseph Johnston his heirs, administrators or assigns shall and will renew a lease of the above demised premises unto the said John Oliver his heirs administrators and assigns for and during the term of fourteen years at and under the above and aforesaid rent & duties provided the said Joseph Johnston his heirs administrators & admons or assigns shall not be raised or advanced in His or their rank and fines of the above demised premises by the Lord Archbishop of Armagh [5] or his successors Archbishops of Armagh that then and in that Case the said John Oliver his heirs administrators and admons or assigns shall pay a proportionable part of said rent and fines that shall be raised or advanced together with all and singular the same clauses conditions articles or agreements specified in the above demise and it is further agreed upon by and between the parties aforesaid that the said John Oliver his  heir administrators or assigns shall permit so as to be let on the above demised premises to manage and repair the mill dam and mill race belonging to the mill of Tullymore aforesaid and also to give liberty to raise stones and gravel on the above  demised premises to manage and repair the mill dam and mill race aforesaid and draw said stones and gravel through any part of said demised premises and likewise permit the said mill race from time to time and at all times to be scored and widened during the continuance of the above demise and also during the term of fourteen years more granted by the covenant of renewal

Signed Sealed and Delivered

 in presence of James Elliott [6]

[Robert Mcall? [7] ]

John Oliver

John Johnston