27. James Higgons

The Tenth Day of September in the ffifteenth y ear of his Majesty’s reign annoq[ue] D[omi]ni 1639 The said S[i]r Raphe Whitfeld and Thomas ffotherly his Majesty’s commissioners for and on his Ma[ies]t[ie]s behalfe by vertue of the said Com[m]ission, And James Higgons of Tawghlatt ffinlegan in the late County of London Derry gent[leman], Doe conclude an d agree that the said James and his assignes shall have and hold the Castle or Capitall Messuage com[m]onlie called Ballykelly Castle, and all the barnes stab les edifices buildinges orchards and gardens thereunto belonginge with th[e] appurten[a]nc[e]s in Tamlatt ffinlegan aforesaid and nowe enioyed therew[i]th by the said James Higgons and alsoe all those severall closes and percells of land pasture meadowe [...]neinge unto the said Castle or Capitall Messuage in Tawghlatt Finlagen aforesaid conteineinge by estimac[i]on one hundred thirtie and three acres Irish measure and nowe in the tenure or occupac[i]on of the said James or his assigns And one Cabbene w[i]th a peightell of land thereunto [...] containing by estimac[i]on halfe one acre Irish measure in Tawghlatt Finlagen aforesaid and nowe or late in the tenure or occupac[i]on of Roberte [...] and one close in Tawghlett ffinlegan aforesaid conteineinge by estimation [...]s and three roods Irish measure, And two closes and [...]g, in Tawghlatt ffinlegan aforesaid conteineinge one [...]e two roods Irish measure and nowe or late in the tenure or occupac[i]on of Raphe Phillipes or his assignes, And alsoe all those ffower townelands with theire appurten[a]nc[e]s in Tawghlatt ffinlegan, Bannacher als[o] Bannocher cum Dungevon and ffaughenvale in the said late County com[m]onlie called or knowen by the severall name or names of Ballyspalyn Lisneale Bally-kaneden and Drumtovit or by whatsoever other name or names the same or any of them bee called or knowen conteineinge by estimac[i]on one thousand ffower hundred thirtie and eight acres Irish measure, And alsoe all wayes and passages to the foresaid premisses or any parte thereof belonginge or formerly enioyed therew[i]th Exceptinge and reserveinge unto his Ma[ies]ty his heires and successors All timber and timber trees, storriers, saplinges, and greate trees, Mines and quarries, in upon or belonginge to the premisses or anie parte thereof w[i]th full and free power and lib[er]tie to have take cutt downe digg upp and carry away the same, And all such reasonable waies and passages over the premisses for the ten[a]nts [and] occupiers of his Ma[ies]t[ie]s other lands as have formerly ben used, And all the River of Loughfoile with all other Rivers, Creekes and streames, in or neare the premisses and the soile and ground thereof And all the fishinge, and takeinge of salmons Eeles and other fishe in the said Rivers, creeks, and streames, and every or anie of them w[i]th free lib[er]tie for his Ma[ies]ty his heires and successors, and his and their ten[a]nts ffarmers and ffishers of the said Rivers Creeks and streames to make howses and drawe their netts, and doe anie other thinge els[e] whatsoever upon the premisses concerninge the said ffishinges ffor the terme of one and twentie yeares ffrom the ffeast of Phillip and Jacob nowe last past ffor and under the yearelie rent of six and ffortie pounds sterlinge, Payable into the Recipt of his Ma[ies]t[ie]s Exchequor in England. Or unto the hands of the Receivor of his Ma[ies]ty his heires [and] Successo[r]s for the time beinge ffor the Revenue of London derry als[o] Derry and Colerane or either of them, Att the ffeasts of All Saints and Phillip and Jacob by equall porc[i]ons Uppon condic[i]on that the said terme shall cease and be voide if the said rent or anie parte thereof shal[l] be behinde and unpaide by the space of ffiftie Dayes next after any of the said ffeasts or dayes of payment aforesaid, And the said James or his assignes shall at his or their proper costs and charges w[i]thin ffive yeares nowe next com[m]einge erect and build and fully finish upon the premisses one sufficient and substantiall howse of timber stone, or brick after the manner of an Englishe howse two stories high and conteineinge fower roomes at the least And the said James or some other able and sufficient tenant

xlvi li. One house