1825 Sep 27 William OLIVER
Townlands mentioned: · Iskeamedy aka Iskymeadow, Parish of Keady, Barony Armagh. · Lisnafeedy is in Parish of Eglish, Barony Tiranny. · Tassagh is in the Parish of Keady, Barony Armagh; · Killyreavy; is in the Parish of Derrynoose, Barony Armagh. · Tullynamalloge; is in the parish of Keady, Barony Armagh. · Tullynichol, Parish of Eglish, Barony Armagh · Pollnagh, Parish of Tynan is just north west of Killylea.
Thanks to Alison Kilpatrick, I can add: The ancient precinct of Toaghy (referred to in the lease) included the following townlands (curiously, none of the townlands named in this lease are included in this list):
... format: modern spellings since c.1830 (17th century spellings):
THIS INDENTURE made the 27th day of September in the year of our Lord 1825[1] between William OLIVER[2] of the city of Armagh gentleman surviving executor or administrator of John McCULLOUGH[3] late of Lisnafeedy in the County of Armagh, deceased of the one part and William BLAIR[4] of Tassagh the County of Armagh foresaid farmer of the other part. WITNESSETH that the said William OLIVER for and in consideration of the yearly rent covenants and agreements hereafter mentioned and expressed has demised granted set and to farm set and by these presents DOTH demise grant set and to let unto the said William BLAIR ALL that and those that part of the town land of Iskeamedy [aka Iskymeadow] in possession and occupation of the said William BLAIR and his under tenants containing by estimation 49 acres 2 roods 36 perches plantation measure be the same more or less situate lying and being in the Manor of Toaghy and County of Armagh is formally demised by Maxwell BLACKER[5] Esq. and the Rev. Frances FOX[6] executors named in the last will and testament of The Right Honourable John James Earl of Farnham[7] deceased by indenture leases bearing date the first day of January 1824 to the said William OLIVER as surviving executor or administrator of the said John McCULLOUGH as aforesaid for a term of years with covenant toties quoties for renewal TO HAVE and TO HOLD the said demised premises with the rights members and appurtenances thereunto belonging or in any ways appertaining and all and every of the rents issues and profits in commodities thereof arising accruing and growing thereof to have receive and take unto the said William BLAIR’s exors and admors and assigns from the first day of November than last past for and during the term time and space of 16 years from henceforth fully to be completed and ended and for and during all renewal and renewals thereof pursuant to the covenant toties quoties for renewal of thereafter mentioned excepting and reserving out of this demise all mines minerals quarries of freestone marble and Slate and all royalties whatsoever and all woods and underwoods growing or renewing upon any part of the premises other than so much as shall be necessary for the building holding occupying fencing and repairing of the same, and for necessary fuel to the said William BLAIR his exors and admors and assigns he the said William BLAIR his executors and administrators assigns YIELDING and PAYING thereof and thereout yearly and every year onto the said William OLIVER his exors and admors and assigns the yearly rents following that is to say until the first day of November 1829 the clear yearly rent of £70:15:10 and from the first day of November 1829 to the first day of November 1833 the clear yearly rent of £70:13:4 and for the remainder of the term hereby granted the clear yearly rent of £70:15:10 with sixpence per pound receiver’s fees of all rents payable by the said William OLIVER his executors administrators and assigns to the said Maxwell BLACKER and Frances FOX their executors administrators and assigns over and above all taxes County charges assessments (quit and crown rent excepted) the said rents to be paid half yearly on every first day of May and first day of November in the year during said term and all renewals thereof to be made on the first day of May next ensuing the date of these presents AND if it shall happen that said yearly rent or any part thereof shall happen to [be] behind or unpaid by the space of 14 days after any of the said days of payment whereon the same ought to have been paid that then it shall be lawful to and for the said William OLIVER his executors administrators and assigns into the said demised premises or any part thereof in the name of the whole to enter into and destrain and the distress and distress then and there found to drive carry away and impound and the same to dispose of according to law until the said rent and all arrears thereof shall be fully paid off and discharged and if no sufficient distress or distresses can or may be found on the said demised premises to discharge the said
[The transcript of the folowing page is the best I can do with the out of focus image of that page that I captured]
rent and all arrears thereof that then it shall and may be lawful to and for the said William OLIVER his executors administrators and assigns into the said demised premises or any part thereof in the make of the whole to reenter and the same to [?] and enjoy as in or their former estate anything herein contained to the contrary is [?] or notwithstanding AND that said William BLAIR doth for himself and his executors and ministers and assigns covenant promise and agree to and with the said William OLIVER his executors and mentors and assigns the said William BLAIR his executors administrators and assigns shall and will … …. Shall and will grind all such corn and grain as shall grow and [?] upon the premises at the Mill or Mills of Keady …. That then the said William BLAIR his exors admors and assigns shall pay one shilling to the said William OLIVER his executors and mentors assigns for each harvest of corn that shall be ground at any other Mill or Mills AND further that the said William BLAIR his executors administrators and assigns shall send men and horses to assist in drawing millstones and timber to repair at mail or mills and is assuring the mill races thereat belonging as aforesaid as the same shall be necessary in same proportion as the said William BLAIR’s part bears to the other lands of Toaghy AND said William BLAIR doth for himself his executors administrators executors and assigns further covenant and agree to and with the said William OLIVER his executors administrators and assigns in manner and form following that is to say the said William BLAIR his executors administrators and assigns shall plant or cause to be planted [?] or forest-trees …. , sew hempseed and flaxseed on the demised premises …. AND that said William OLIVER for himself his executors administrators and assigns doth further covenant and agree to and with the said William BLAIR his executors administrators and assigns that he the said William BLAIR his executors administrators and assigns and his and their cottiers and under tenants on the premises shall have free liberty yearly and every year to enter themselves their labourers and servants on that part of the turf bogs of Killyrevie [ aka Killyreavy] and Tully[malling?] [aka Tullynamalloge] Which have usually been held and enjoyed by the said William BLAIR to cut as much turf yearly and every year and the said parts of said bogs as shall be necessary for his and their several dwellings upon the premises and shall have full liberty to dry and save the said turf in said bogs and with carts cars and carriages to enter into said parts of said bogs and the said turf as dried to take land drive…. … AND it is further covenanted as agreed upon by and … These presents that from time to time and at all times hereafter as often as the said William OLIVER his executors administrators and assigns shall procure or obtain any renewal or renewals of the lease or term which he now holds of the said demised premises from and under the said Maxwell BLACKER and Frances FOX their executors administrators and assigns that then and in such case the said William OLIVER his his executors administrators and assigns shall give notice of every such renewal and renewals and also execute a new lease of the premises hereby demised to the said William BLAIR his executors administrators or
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assigns for such other and further term as a said Maxwell BLACKER and Frances FOX and their executors administrators are assigns shall grant set or demise unto the said William OLIVER his executors administrators or assigns one day thereof in every renewal only excepted, under the terms and conditions following, that is to say that the said William BLAIR his executors administrators and assigns shall upon the perfection of the said new lease pay to the said William OLIVER his executors administrators are assigns by way of fine a proportionate part of such fine as the said Maxwell BLACKER and Frances FOX their executors administrators or assigns shall pay to the said Provost Fellow and Scholars of Trinity College of Dublin for the whole 21 townlands of Toaghey, such part of such fine to bear such proportion the fine which shall be paid by the said Maxwell BLACKER and Frances FOX or their executors administrators or assigns as the number of acres which the said William BLAIR his executors administrators or assigns hold bear to 5380 acres 2 roods 14 perches the said William BLAIR his executors administrators and assigns shall pay his or their part or proportion of such fine or fines for said demised premises according to such proportion AND said William OLIVER doth for himself and his executors administrators and assigns covenant and agree to and with the said William BLAIR his executors administrators and assigns that in case the said Maxwell BLACKER and Frances FOX their executors administrators assigns upon his or their renewal with the said William OLIVER his executors administrators and assigns shall not advance the rent payable by him by his said present lease that then the said William OLIVER his executors administrators and assigns shall not upon his or their renewal with the said William BLAIR his executors administrators are assigns oppose or require any additional rent from him then or any of them upon any future renewal or renewals thereafter to be made to the said William BLAIR his executors administrators or assigns but in case the said Maxwell BLACKER and Frances FOX their executors administrators are assigns shall impose any additional rent upon such renewals or renewals with the said William OLIVER his executors administrators or assigns about what he is to pay by the present lease by which he held said lands of Iskeameady in the said Maxwell BLACKER and Frances FOX then the said William BLAIR his executors administrators are assigns shall advance his and their rent to the said William OLIVER his executors administrators or assigns upon his or their renewals to the said William BLAIR his executors administrators or assigns in proportion to the advance rent payable to said College such proportion to be computed in such manner as if the like sum of such advance rent had been presented at an Assizes to be allotted and levied out of the said 21 town lands of Toaghey and the said William BLAIR his executors administrators or assigns to be charged in proportion to their holding according to the Key or Barony valuation of the whole 21 town lands of Toaghey as a same are included in the Barony for such advance rent over and above the reserved rent in the present demise AND the said William OLIVER doth for himself his executors administrators and assigns covenant grant and agreed to and with the said William BLAIR his executors administrators and assigns that as often as he the said William OLIVER his executors administrators or assigns shall renew his said lease with the said Maxwell BLACKER and Frances FOX their executors administrators or assigns for the said 49 acres 2 roods 46 perches of Iskeamedy that in case he the said William OLIVER his executors administrators and assigns shall and is hereby obliged to renew the lease of the premises hereby demised the said William BLAIR his executors administrators assigns upon such perfection of such new lease or leases paying such proportion as aforesaid of the fine or fines paid by the said William OLIVER his executors administrators or assigns in manner as hereinbefore mentioned under the same clauses and covenants
[Page 4] That are in this present demise AND the said William OLIVER doth for himself his executors administrators and assigns further covenant and agree to and with the said William OLIVER his executors administrators and assigns that he the said William BLAIR his executors administrators and assigns from time to time at all times hereafter as often as he the said William OLIVER his executors administrators or assigns shall obtain or procure any renewal or renewals of said leases or term which he now holds from and under the said Maxwell BLACKER and Francis FOX shall and will within six months after notice to him the said William OLIVER his executors administrators assigns of said renewal or renewals by writing under his or their hands and seals duly attested by two or more credible witnesses of the finer fines paid by him the said William OLIVER his executors administrators assigns satisfying pay to the said William OLIVER his executors administrators assigns such fine or fines and shall be paid by the said William OLIVER his executors administrators or assigns to be ascertained in manner aforesaid with lawful interest for the same from the time of such notice given by way of fine for the renewal of said lease so demised to the said William BLAIR his executors administrators and assigns and shall also execute a counterpart of such new lease as a said William OLIVER his executors administrators are assigns shall execute to the said William BLAIR his executors administrators or assigns of the said hereby demised promises AND that William BLAIR doth for himself his executors administrators and assigns further covenant and agree to and with the said William OLIVER his executors administrators and assigns that neither he nor the said William BLAIR his executors administrators or assigns or their under tenants on said hereby demised premises or any of them shall or may build or erect or cause or suffer to be built or created during said term of any part of said promises any meetinghouse or mass house or other house or houses Conveniency or Conveniences for any separate congregations that differ or dissent from the Church of Ireland as by law established in a case such meetinghouse mass house or other house or houses Conveniency or Conveniences for any such separate congregation shall be built or erected on said premises or any part thereof that then the said William BLAIR his executors administrators or assigns shall as an advance rent over and above the reserved rent pay or cause to be paid to the said William OLIVER his executors administrators or assigns the sum of £400 sterling[8] to begin and commence from the first day of the said days of payment that shall happen after the building or erecting such house or houses Conveniency or Conveniences to be paid half yearly by equal portions on the day of payment, whereon the said rent is appointed be paid and to be recovered by said William OLIVER his executors administrators or assigns in like manner as the rents reserved and payable by this lease are recovered by distress motion or debt or otherwise on the said William OLIVER doth for himself his executors administrators and assigns covenant promise and agreed to and within the said William BLAIR his executors administrators and assigns by these presents the said William BLAIR his executors administrators and assigns paying the said yearly rents in performing the covenants provisos conditions and agreements in these presently mentioned which on his or their parts are to be paid done performed and kept according to the true intent and meaning of these presents shall and may lawfully peaceably and quietly have hold occupy possess and enjoy the lands and premises hereby demised for and during the term of 16 years here and before mentioned and for and during such other and further terms as shall be granted to
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said William BLAIR his executors administrators or assigns by virtue of these presents according to the true intent and meaning thereof without any lawful let suit trouble denial of eviction interruption or disturbance of his the said William OLIVER his executors administrators are assigns or any person or persons whatsoever lawfully claiming or to claim by from or under him them or any of them AND whereas the lands and premises hereby demised together with certain other premises in the town lands of Tullynicle [aka Tullynichol, Parish of Eglish, Barony Armagh] and Lisnafeedy in the said County of Armagh are by the last will and testament of John McCULLOUGH late of Lisnafeedy aforesaid gentleman deceased made subject to the payment of two annuities one of them being a some of £60 annually by said will bequeathed to his eldest sister Jane OLIVER[9] otherwise McCULLOUGH wife of William OLIVER of Armagh during her natural life and no longer, and the other then being a sum of £80 annually by said will bequeathed to him the said John McCULLOUGH’s second sister Margaret VOGAN[10] otherwise McCULLOUGH wife of James VOGAN[11] then of Palinagh[12] said County of Armagh for and during her natural life and no longer. It is therefore covenanted and agreed upon by and between both the parties to these presents for themselves severally and respectively and for their several in respect of executors administrators and assigns that nothing herein contained shall exempt exonerate or discharge the said hereby demised premises from the payment of such proportions of the said several and respective annuities as the same are or of right ought to be subject and liable under and by virtue of the said last will and testament of the said John McCULLOUGH anything therein contained to the contrary thereof in any wise notwithstanding. IN WITNESS whereof the parties of aforesaid had hereunto set their hands and seals the day and year first herein written. William OLIVER. (Seal) William BLAIR. (Seal) SIGNED SEALED and DELIVERED in presence of (words between YEILDING and AND being written on an erasure) Robert MACANN Andrew BOYD [1] An earlier lease had been made on Jane 23, 1808 for a 20 year lease to John McCULLOUGH of part of Iskeameady from Hon John James Earl of Farnham.. [2] William OLIVER (1764-1854), was the husband of Janet McCULLAGH and also the brother-in law of John McCULLAGH (who had married William OLIVER’s sister Jane OLIVER - two intermarriages between the two families). He was the son of William OLIVER (abt 1730-1816) & Elizabeth STEEL. The family was associated with the Lisnadill Church of Ireland. NOTE: The second wife of this William OLIVER (1764-1854) was probably Elizabeth BALLENTINE. [3] John McCULLOUGH aka McCULLAGH (-1818) died at Kearny Hill, the husband of Jane OLIVER. They had 4 children. He was a linen merchant, and a son of John McCULLAGH of Clady More. [4] William BLAIR. He shows up in the Freeholders Records, but also in association with the Urney Flax Society. [5] Maxwell BLACKER. SEE: Blacker - The estate of St. John Blacker, of Ballylongford and Killylea, county Armagh, amounted to over 8000 acres in county Kerry in the 1870s as well as 200 acres in Armagh. He was a descendent of Samuel Blacker, of the Carrickblacker family. In 1880 he assumed the name Douglas under the terms of the will lof his uncle, Charles Douglas, of Grace Hall, county Armagh. His estate held townlands in the parishes of Aghavallen and Lisselton, barony of Iraghticonnor at the time of Griffith's Valuation. [6] Rev. Francis FOX [7] John James MAXWELL (1760-1823), 2nd Earl of Farnham (5 February 1760 – 23 July 1823) was an Irish Representative peer and politician. His father was Barry MAXWELL and his mother was Margaret KING, daughter of Robert KING of Drewstown, Co. Meath [8] I have never seen a clause like this – an additional charge if a Dissenting or Catholic place of worship is to be erected on the land. Was this because it was a sublease from Trinity College? [9] Jane McCULLOUGH aka McCULLAGH née OLIVER was a sister of William OLIVER and wife of John McCULLAGH. [10] Margaret VOGAN née McCULLOUGH, daughter of John McCULLOUGH of Clady. [11] James VOGAN, husband of Margaret McCULLOUGH, [12] In the 1664 Hearth Rolls, there was a townland in the Barony of Armagh which sounds similar and was called Paltigagh. Thanks to Alison Kilpatrick who pointed me in the right direction, I found: Pollnagh, Parish of Tynan. It is just north west of Killylea. On its western border is the townland of Foyarr, a townland where other OLIVERs were known to have resided.
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