1733-07-31: Templeton to Sooter (Shuter)

Source: Public Record Office of Northern Ireland, Belfast. James Templeton, Stewartstown, to David Sooter, Drummond, co. Tyrone; lease for lives renewable of 50 acres; rent £11 5s. 0d. Drumad or Drumard, 31 July 1733. PRONI ref. T877/41 (accessed 2016-02-19).  Transcribed and annotated by Alison Kilpatrick.
Please cite your sources.

Annotated transcript:

Key to symbols:

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ab[cde]fgh = The insertion by the transcriber of characters within square brackets in order to expand an abbreviated word, for example, the transcription of the original Parlt as Parl[iamen]t.

{ } = Curly brackets indicate a word or words that are rendered illegible by ink stains, rips, tears, etc.

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(( )) = Parenthetical note inserted by the transcriber.

1., 2., 3., etc. = Each line of the transcription is numbered.

Page 1:

1. This Indenture made the 31 day of July

2. In the year of our Lord God 1733 Between James

3. Templeton of Stewartstown in the County of Tyrone Merchant

4. of the one part and David Sooter of Drummon in

5. the Parish of Donaghmore and County aforesaid

6. Yeoman of the other part Witnesseth that the said

7. James Templeton for and in consideration of the rent

8. and covenants hereinafter mentioned hath demised

9. granted ^set^ and to farm let and by these presents doth

10. demise grant set and to farm let unto the said David

11. Sooter all and whole that part and parcel of

12. Drumad als Drumond als Killimuck containing 50

13. acres of land be the same more or less in as full and

14. ample manner as the same is now and hath hereto

15. fore been in the possession of the said David Sooter

16. situate lying and being in the Parrishes of Desert-

17. creight and Donaghmore ^in the Barony of D.gannon^ and County of Tyrone

18. aforesaid and as the said lands are now meared

19. and bounded Excepting and reserving never-

20. the less to the sd James Templeton his Heirs and

21. assigns out of the said demised premises all

22. Royalteis ((sic)) whatsoever and minus minerals Quarries

23.                                                 woods

Page 2:

1. woods underwoods Fishing Fowling hunting and

2. hawking and all other liberties immunities privileges &

3. Franchises whatsoever with the said premises or any

4. part thereof in any ways appertaining with liberty of

5. Ingress Egress and regress into and throughout the said

6. demised premises  To have and to hold the said

7. demised premisses with all the houses Gardens meadows

8. pastures moores heaths and other appurtenances except

9. before excepted unto the said David Sooter his

10. heirs exors admors and assigns from the first day

11. of May last past for and during the natural

12. life or lives of the sd James Templeton  Margaret

13. Templeton and Mary Templeton daughters to the

14. said James Templeton and the survivors and

15. survivor of them and for and during the life and

16. lives of such other person or persons as by virtue of

17. these presents shall from time to time be added during

18. this demise the sd David Shuter his heirs Exors admors

19. or assigns Yeilding ((sic)) and paying therefore and

20. thereout year and yearly and every year during

21. the continuance of this demise unto the said James

22. Templeton his heirs and assigns the yearly Rent

23.                                               or


Page 3:

1. or sum of £11"5 sterling lawful money of Great Britain

2. to be paid on every 1st day of Nov. and 1st day of May

3. in every year during the demise by even and equal

4. portions and if it shall happen that the said reserved

5. yearly rent or any part thereof be in arrear or unpaid

6. by the space of twenty one days next after any or

7. either of the sd days of payment that then and so often

8. as it shall ^so^ happen it shall and may be Lawful ^to &^ for

9. James Templeton his heirs and assigns into the said

10. demised premisses or any party thereof to enter and

11. destrain and the distress or distresses then and there

12. found to take lead drive and carry away and thereof

13. to dispose according to Law and if no sufficient dis-

14. tress or distresses can or may be had or found in or

15. upon the premisses equivalent to the rent so then in

16. arrear that then it shall and may be lawful to and

17. for the said James Templeton his heirs and assigns

18. into the sd demised premisses or any part thereof in

19. name of the whole to re-enter and the same to have

20. again repossess and enjoy as in his and their

21. first and former estate anything herein con-

22. tinued to the contrary notwithstanding

23.                                               and

Page 4:

1. And the sd James Templeton doth hereby for himself

2. his heirs and Assigns covenant promise and agree to

3. and with the said David Shuter his heirs and assigns

4. in manner following that is to say that upon the death

5. or failure of the aforesaid life or lives ^of the^ aforesaid

6. James Templeton  Margaret Templeton and Mary

7. Templeton or any of them which shall first happen and

8. he the said David Shuter his heirs ^or^ and assigns paying

9. or causeing to be paid to the said James Templeton

10. his heirs or assigns the sum of £5.12.6 over and

11. above the annual Rent hereinbefore reserved and upon

12. nomination of the life of any other person by the said

13. David Shuter his heirs or assigns at his or their request

14. to be put and inserted in the place or stead of the

15. sd person so happening first to die and aforesaid that

16. then the sd James Templeton his heirs and assigns

17. shall and will within six months from the death of

18. such person so happening first to die as aforsd add

19. and insert to the time or term of this Lease the life

20. of such person so nominated in the place or stead

21. of the life or lives so happening first to die and aforesd

22. which life so added and inserted is to be endorsed

23.                                                    on

Page 5:

1. on this Lease or to be written in a deed Label or parchmt

2. to be affixed to this Lease for that purpose and in

3. like manner from time to time successively for ever

4. upon the failure of every other several life in this

5. lease now nominate or hereafter to be nominated

6. as aforesaid and upon like payment of £5.12.6 sterl

7. over and above the annual ^rent^ hereinbefore reserved &

8. upon like nomination of any other life successively

9. in lieu of every several life so failing as aforesaid

10. that then the said James Templeton his heirs or

11. assigns successively shall and will within 6 months

12. after the failure of every other such several life nom

13. -inated as aforesaid add and insert to the time

14. and term of this lease from time to time and for

15. ever the several life or lives of such person or persons

16. so to be nominated in the place or stead of ^the^ such

17. life or lives of the several person or persons so successing

18. happening first to die as aforesaid which several lives

19. to be added and inserted successively are to be

20. endorsed on this lease or written in deeds labels

21. or parchmts to be affixed thereunto as aforesaid

22. And the sd David Shuter doth hereby for himself

23. his heirs and Assigns covenant promise grant &

24. agree to and with the sd James Templeton his

25. heirs & assigns in manner following that is to say

26. that he the sd David Shuter his heirs or assigns shall

27. and will from time to time and at all times

28.                                            hereafter

Page 6:

1. hereafter upon the failure of every life of every several

2. person or persons herein above mentioned for whose

3. life this present lease is made or hereafter shall be

4. received as aforesd for every such life as shall fail

5. satisfy and pay to the sd James Templeton his heirs or

6. assigns the sum of £5.12.6 sterl over and above the

7. annual rent herein before reserved within six months

8. after the failure of ^every^ such life and every such payment

9. to be made without any deduction in defalcation

10. whatsoever And the sd David Shuter for himself

11. his heirs and assigns doth further covenant and agree

12. with the sd James Templeton his heirs and assigns

13. that the sd David Shuter and his aforesd shall from

14. time to time will and truly pay the sd yearly reserved

15. Rent and fines of renewal as they shall become

16. payable and also shall and will at all times here

17. after during the demise will and sufficiently Repair

18. uphold maintain and Keep the sd demised premisses

19. and all buildings hedges ditches Quicksets plan-

20. tations and improvements whatsoever which now are

21. or hereafter shall be erected or made upon the said

22. demised premisses or any part thereof and the same

23. so well & sufficiently repaired & Reset on any determination

24. of the term and interest hereby granted shall and will

25. leave and deliver up the grant and peaceable possession

26. thereof unto the sd James Templeton his heirs and assigns

27. and particularly the sd David Shuter doth hereby

28.                                                 further

Page 7:

1. further covenant and agree and for himself his Heirs and assigns to

2. and with the sd James Templeton his Heirs and assigns

that the sd David Shuter or his aforesds shall and will within

3. four year years after the date of the presents at his or their

4. own proper cost and charges build and erect or cause to be

5. builded and erected (if the same be not already done and

6. effected) on the said premisses one good dwelling house

7. of stone and lime or Brickwork 50 feet long and 8 ^feet^

8. high on the side walls with other office houses suitable

9. and conformable thereunto and shall also ditch and

10. plant with white thorn or crabtree quicksets into

11. several inclosures of the number of 5 acres

12. of the said premisses and shall plant likewise thereon

13. the number of __ ((not filled in)) oaks ash or other ornamental

14. and Parliamentary Trees and preserve the same

15. so planted from being destroyed by cattle or otherwise

16. and shall also well and sufficiently make up and

17. keep in repair all the outward mearings and

18. boundaries of the sd premisses And likewise the

19. sd David Shuter his heirs and assigns and his and their

20. under tenants or other occupiers of the sd demised

21. premisses or any part thereof shall and will at

22. all times hereafter during this demise upon customary

23. summons to him and them given do suit and service

24. at the Sherriffs Court in the sd barony of Dungannon

Page 8:

1. and County of Tyrone and also shall grind all

2. his and their corn and grain growing and expended

3. on the premises at the Mill or Mills of William Morris

4. Jones Esq in Crossdernot or elsewhere by the appoint

5. -ment of the sd James Templeton or his heirs or assigns

6. and shall pay the 16th grain as Toll or Muletime &

7. for every neglect to pay 6^s^/8^d^ sterling to the sd James

8. Templeton his heirs or assigns to be levied off the

9. premisses by distress or otherwise and the sd James

10. Templeton doth hereby for himself his heirs and assigns

11. covenant promise and grant and agree to and with

12. the sd David Shuter his heirs and assigns that he the

13. sd David Shuter and his aforesds paying the sd

14. yearly rent as it is herein and hereby reserved and

15. as the same ought to be paid and doing and performing

16. all the covenants conditions and agreemts in these

17. presents mentioned or contained which on his and

18. their parts are and ought to be paid done & per

19. -formed according to the true intent and meaning

20. of these presents shall and may Lawfully quietly

21. and peaceably have hold and ocupy ((sic)) possess and

22. enjoy the said demised premisses and every part

23.                                                and

Page 9:

1. and parcel thereof for and during the sd term

2. hereinbefore granted without the let suit trouble

3. eviction or interruption of him the sd James Templeton

4. his heirs or assigns or any of them or of any other person

5. or persons Lawfully claiming from by or under him

6. them or any of them or of any other person or persons

7. whatsoever And the sd James Templeton doth

8. hereby constitute and appoint William Templeton

9. of Stewartstown aforsd Merchant to be his true and

10. Lawful attorney to enter into and upon the sd demised

11. premisses or any part thereof in name of the whole

12. and quiet and peaceable possession livery and seizin

13. thereof to give and deliver to the sd David Shuter his

14. heirs and assigns to enure to him and them according

15. to the tenor purport effect and true meaning of this deed

16. And the said David Sooter doth hereby for himself

17. his Heirs Exors & admors firmly bind himself and his

18. aforesds in the penal sum of Fifty pounds sterl to the

19. sd James Templeton his heirs and asigns by and

20. under this express condition that notwithstanding

21. of anything in this deed of demise contained to the

22. contrary in any way whatsoever he the said

23.                                                                                            David

Page 10:

1. David Sooter his heirs Exors or admors shall not

2. sell dispose or alien his or their claim title or

3. Interest of in or to the above demised premisses

4. or any part or parcel thereof to any person or

5. persons whatsoever unless it be to his or their wives

6. and children or other near relation or relations

7. without the licence liberty and consent of the

8. sd James Templeton his heirs or assigns in writing

9. under his or their hands and seals In witness

10. whereof the said parties have unto these presents

11. put their hands and seals the day and year

12. first above written.

13.

14. James Templeton.        David Sooter.

15.

16. Signed sealed and delivered

17. in the presence of

18. Phil. Morris

19. Wm Farlor

20. Andw Carmichall

((end of transcription))

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© Alison Kilpatrick, 2016. All rights reserved.
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"The past is a foreign country; they do things differently there."—Lesley Poles Hartley (1895–1972), The Go-Between (1953).

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