Tristram Beresford the younger Esquire 25

The Eighth day of July in the Sixteenth year of his Majesty’s reign annoque domini 1640 the aforesaid S[i]r Raphe Whitfeld knight one of his ma[ies]ties serjean ts at law and Thomas Fotherley his Majesty’s Commissioners for and on his ma[ies]ties behalfe by vertue of the said commission [...] Warrant directed to them the thirtieth day of June last p ast [...] and right reverend father in God William Lord Bishopp of [...] and ffrancis Lord Cottington Channcellor of the Excheq[ue]r in pursuance of [...] signified by S[i]r ffrancis Windebancke knight one of his ma[ies]ties Principall S[...] twentieth day of the said moneth of June and Tristram Beresford of the [...] younger Esquire doe Conclude and agree That the said Tristram Beresford and his assigns shall have and hold All those ffive Balliboes or Townlands commonly ca lled or known by the name or names of Garnane, Balliacherry Ballicrom Dromraneyer and Ro[...] lyeing and being within the late Mannor of ffreemore als[o] the Habberdashers Proportion in the late County of Londonderry. All w[hi]ch now are or late were in the tenure or occupac[i]on of Dame Honora O Cahan or her assignes or underten[a]nts and all cabbins edifices and buildings the reupon and also all waies and passages to the foresaid p[re]misses or anie p[ar]t thereof belonging or former ly enjoyed therewith Excepting and res[er]ving unto his ma[ies]tie his heires and successors All timber and timber trees storiers saplings and great trees mynes and quarryes in uppon or belonging to the p[re]misses or an y part thereof and all such reasonable waies and passages over the p[re]misses for the ten[a]nts and occupiers of his Majesty’s other lands as have formerly binn used and all the Rivers of Bann and Loughfoyle, an d all other rivers creekes and streames in or neere the p[re]misses and the soile and ground thereof and all the ffishing and takeing of salmons Eeles and other ffishe in the said rivers creekes and str eams with free lib[er]tie for his ma[ies]tie his heires and successors and his and their ten[a]nts and ffarmers and the fishers of the said rivers Creekes and streames to make houses draw their netts and doe anie other thing else whatsoever uppon the p[re]misses concerning the said ffishings for the terme of one and twenty yeares to commence immediately from and after the deathe of the said Dame Honora O Cahan for and under the yearly rent of Tenn pounds paiable into the Receipt of his ma[ies]ties E xchequer in England or unto the hands of the Receiver of his ma[ies]tie his heires and successors for th e time being for the Reven[n]ue of Londonderry als[o] Derry att the ffeasts of All Saints and Phillip and Jacob by even porc[i]ons the first paiment to begin att such of the said ffeasts as shall first and next hap pen after the decease of the said Dame Honora O Cahan Uppon condic[i]on that the said terme shall cease and be void if the said rent or anie part thereof shal[l] be behind and unpaid ffifty daies next after anie of the said ffeast s or daies of paiment aforesaid And the said Tristram Beresford or his assignes shall att his or their prop[er] costs and chard ges within [...] years next ensueing after the death of the said Dame Honora O Cahan erect and build and fully fi nish uppon the p[re]misses one sufficient and substantiall house of timber stone or brick after the manner of an English house two stories high and conteining fower roomes att the least. And the said Tristram or some othe r able and suff icient tenant with his family shall from time to time during the said terme be resident and inhabitant in and uppon the aforesaid p[re]misses and shall grind att his ma[ies]ties mill within the late Mannor of ffreemore or Proportion of land called the Haberdashers Proporc[i]on all his and their mault corne and graine w[hi]ch he or they shall expend or use upon the p[re]misses or being ground shall sell to anie p[er]son or p[er]sons and pay for gr inding thereof to the Miller of the said mill for the time being the sixteenth part of all the said mault corne and gr ain and shall doe suite att the Court Barron to be houlden for such Mannor as his ma[ies]tie shall erect uppo n or within the said Proporc[i]on from three weekes to three weekes if the same shal[l] be soe often held. And shall d uring the said terme keepe sustain and mainteine the foresaid house and all other the foresaid buildings in go od and sufficient reparac[i]ons and shall within seaven yeares next ensueing after the death of the said Dame Honora O Cahan with dike and quicksett where quicksett will grow, and where quicksett will not grow with oth er good and sufficient fences and inclosures devide and sever the foresaid p[re]misses into ffive severall closes and the same being soe made severed and devided [and] all other the hedges ditches and inclosures upon the said p[re]misses shall keepe and mainteine well and sufficiently fenced ditched inclos ed and quicksetted during the said term and shall yearly during the said term sett and plant uppon some parts of the aforesaid premisses [...] young trees of oake or ashe fit and likely to grow to be timber trees and the same or oth ers to be set and planted in the rooms and steads of such of them as shall happen to die shall maintaine p[re]serve and keep from hurt and spoil during the said terme And shall att his and their propp[er] costs and chardges during the said term have and keep in readiness uppon the aforesaid p[re]misses for the s[er]vice of his ma[ies]tie his heires a nd successors one musket furnished in such manner as the same shall and may be allowed by the Muster Master of the said county in which the premises are for the time being And that uppon reasonable request there sha ll be allowed and set out unto the said Tristram Beresford or his assignes from time to time during the said term by the Woodward or other Officer of his Majesty his heires and successors rough timber for building th e aforesaid house and also houseboot in convenient places within the late county of Londonderry to be spent u pon the premises and not elsewhere. And that his ma[ies]tie wil[l] be gratiously pleased to ratifie and c onfirm this agreement by his letters patent under the Great Seale of England and that the said Tristr am shall covenant and grant thereby for him his heires executors administrators and assig ns to perform what is hereby agreed on his part. In witness whereof the said Commissioners and the said Tristram Beresford the younger esquire have put to their hands the day and yeare abovewritten:

Ralph Whitfeld Tho[mas] ffotherley 1640 Tristram Beresford