The Irish Bomfords
Transcript of Deed D16148 in the National Archives, Dublin.
The document in the Archives is a typed transcript (of unknown date) of a copy which was made in 1857 of an original parchment deed which was executed in 1703.
" This Indenture made the third day of November in the year of our Lord God One Thousand Seven hundred & Three and in the Second year of the Reign of our Sovereign Lady Ann by the Grace of God of England Scotland France and Ireland Queen Defender of the Faith etc . . Between Isaac Holroyd of the City of Dublin Merchant of the one part, and Thomas Bomford of Rahinstowne in the County of Meath Gent. of the other part, Witnesseth that the said Isaac Holroid for and in consideration of the yearly Rent Covenants Payments and Agreements hereinafter reserved and mentioned, which on the part and behalf of the said Thomas Bomford his heirs and Assigns are and ought to be paid done observed and performed Hath Granted, Bargained, Sold, Aliened, Enfeoffed, Released and Confirmed and by these presents doth Grant, Bargain, Sell, Alien, Enfeoffe, Release, and Confirm unto the said Thomas Bomford (in his actual possession now being by virtue of a Bargain and Sale to him made by the said Isaac Holroid for the term of one whole year, in consideration of Five Shillings Sterl: by Indenture bearing date the day next before the date hereof and by force of the Statute for transferring uses into possession) and to his heir and Assigns, all that and those the Towns and Lands of Old Town Ferrans Fennars and little Ardrums containing in the whole by estimation Four hundred and Forty Seven Acres of profitable Land Irish Plantation Measure as Posted up to be Sold at Chichester House on Green Dublin by the late Trustees appointed by the act of Parliament in England in the Eleventh Year of the Reign of His late Majesty King William the Third. Intituled an Act for Granting an Aid to his Majesty by Sale of the forfeited Estates and Interests in Ireland ( be the same more or less) Situate lying and being in the Barony of Deece in the County of Meath aforesaid Together with all boggs Commons, and other Rights Members Advan-
tages and Appurtences Whatsoever thereunto belonging or in any wise Appertaining or therewith or with any part thereof at any time held used and enjoyed by Thomas Hussey or his Undertenants All which aforesaid Lands and premises were purchased by the said Isaac Holroid by Deed dated the Eleventh day of June One thousand Seven hundred and Three, and Inrolled in the Rolls office Dublin from the said late Trustees appointed by Act of parliament as aforesaid, and were late the property of the said Thomas Hussey attainted of the Treason in the said Act mentioned And the Reversion and Reversions, Remainder and Remainders, Rents, Issues and Profits thereof And all the Estate Right, Title, Interest, Use, Trust, Property, Claim, and Demand whatsoever of him the said Isaac Holroid and his heires of in and unto the aforesaid premises and every or any part or parcel thereof To have and to hold all and Singular the aforesaid premises with their and every of their Appurtences unto the said Thomas Bumford his heirs and Assigns in fee farm for ever from the First day of May last past before the date hereof To the only Use and Behoof of him the said Thomas Bomford his heirs and Assigns for ever He and They Yeilding and paying therefore and thereout yearly and every year unto the said Isaac Holroid his Heirs or Assigns the Rent or sum of One Hundred and Sixty Five pounds of lawfull money of England, The same to be paid by equal portions Half Yearly at two usual days or times of payment (that is to say) in the first day of November and the First day of May for ever hereafter, clear Rent, over and above all and all manner of Taxes, Country Charges, Subsidies Assessments, and all other Impositions and Payments whatsoever (Quit Rent and Crown Rent only Excepted) And also Yielding and paying therefore and thereout for ever
hereafter, at the end of every twenty one years from the said first day of May last, the Sum of Ten Guinea Pieces of Gold in nature of a fine for the premises, over and above the Yearly Rent hereby Reserved The said yearly Rent and Fine to be paid at or in the Tholssell of the City of Dublin unto the said Isaac Holroid His Heirs or Assigns and that free and clear, and without any deduction or Abatement whatsoever And if it shall happen the said Yearly Rent and the said Ten Guineas fine as aforesaid or any part of them or either of them to be behind or unpaid at the place aforesaid by the space of twenty one days next after either on any of the days or times whereon the same ought to be paid as aforesaid, That then and as often as it shall so happen, it shall and may be lawfull to and for the said Isaac Holroid his heirs or Assigns into the aforesaid Land and Premises or any part thereof to Enter and Distraine, And the Distresse and Distresses then and there found to take lead drive and carry away and thereof to dispose according to law And if no sufficient distress or Distresses can or may be had or found in or upon the aforesaid premises or any part thereof wherewith the said Rent and the Arrears thereof (if any there happen to be) And the said Ten Guineas Fine as aforesaid or any part thereof may be fully satisfied and paid as aforesaid, That then and from thenceforth it shall and may be lawfull to and for the said Isaac Holroid his heirs or Assigns into and upon the aforesaid Lands and premises and into every or any part and parcel thereof in the name of the whole to Reenter and the same to have again and enjoy untill by Perception of the Rents, Issues and Profits thereof or orwise he or they shall or may Receive thereout and be paid all the Arrears of the said Rent then behind, and the said Ten Guineas fine as aforesaid (if any be due) any thing herein contained to
the Contrary Notwithstanding, And the said Thomas Bomford doth for himselfe his heirs and Assigns Covenant promise grant and agree to and with the said Isaac Holroid his heirs and Assigns by these presents in manner and form following (that is to say) That he the said Thomas Bomford his heirs and Assigns or some of them shall and will at all times for ever hereafter well and truly pay or cause to be paid at the place aforesaid and unto the said Isaac Holroid his heirs or Assigns the said reserved yearly Rent of One Hundred and Sixty Five Pounds Sterl: as the same shall from time to time become due and payable at the days and times herein before appointed for payment thereof as aforesaid Clear Rent over and above all and all manner of Taxes whatsoever (Except Quitt Rent ) and Crown Rent as aforesaid And also the said Ten Guinea Pieces of Gold in nature of a fine at the end of every twenty one Years at the place aforesaid. And further, That he the said Thomas Bomford his heirs and Assigns shall and will within the space of Seven Years next Ensuing the date hereof Inclose with good and sufficient Ditches Quicksett with white Thorn and Backed with French Furze all the outbounds of the premises where such Ditches can be made, And shall in like manner make all the other new Ditches that shall be made on the premises with like Quicksett and Furze And preserve the same after so made in good repairs And shall also within the said Term of Seaven Years Build a Good farmer's House upon the Premises of lime and stone or brick of at least one story and a half high and Cover the Roof thereof with Slates or Tyle and make Convenient Outhouses thereto (he the said Isaac Holroid having promised for the Incouragement of such Building to give to the said Thomas Bomford Twenty Beams of Firr or Oak Timbers to be made use off in such Buildings he the said Thomas Bomford
paying the charge of carriage thereof from Dublin) And That he the said Thomas Bomford his heirs and Assigns and every of them shall and will at his and their own proper Cost and Charges at all times for ever hereafter repair Amend uphold maintain and Keep In good Repair the said House and Outhouses to be built as aforesaid and all other the outhouses Edefices Buildings and other Improvements which at any time afterwards shall be Erected made or built upon the said premises or any part there‑of in good and Tenantable Repair and Condition. And that he the said Thomas Bomford his Heirs and Assigns In the presence of many of the Neighbourhood shall once in every Three Years at the least Perambulate the Mears and Bounds of the premises To the End the true Mears and Bounds thereof may be distinguished and known from the Adjoining Lands, And to the utmost of his and their power shall and will preserve the true Mears and Bounds thereof, And if any Incroachment happen or any Suite be brought or Comenced for Recovery of the said lands or any part thereof from the said Isaac Holroid his Heirs or Assigns or from the said Thomas Bomford his heirs or Assigns, that he and they shall and will give timely notice thereof to the said Isaac Holroid his Heirs or Assigns to the end the same may be defended against all persons and pretences whatsoever by the said Isaac Holroid his heirs or Assigns, And further, that he the said Thomas Bomford his heirs and Assigns shall and will sow Hemp and Flax Seed And plant and preserve Timber Trees upon the Premises according to the Several Acts of Parliament made in this Kingdom for that purpose, and Save harmless and Keep Indemnified the said Isaac Holroid his Heirs and Assigns, and the aforesaid Lands and Premises from all Penaltys fines and Forfeitures that may arise or happen by reason of any default
thereof And further, To the end that the aforesaid premises may be continued in the tenancy of Protestants and no other according to the tenor of the Several Acts of Parliament passed in England for all such lands as should be sold and conveyed pursuant to the said Acts by the aforesaid Trustees (of which Lands the aforesaid premises are part) It is hereby provided and agreed upon by and between the said parties to these presents And the said Thomas Bomford doth for himself his heirs and Assigns hereby further Covenant Promise and Agree to and with the said Isaac Holroid his heirs and Assigns, that he the said Thomas Bomford his heirs and Assigns or any of them shall not Sett or Lett the aforesaid Lands and Premises or any part thereof to any Papist or reputed Papist (Except only Cottages and Cabbins as in the said Acts are provided) And that if the said lands and premises or any part thereof shall at any time hereafter be Sett or Lett by the said Thomas Bomford his Heirs or Assigns to any person or persons whatsoever contrary to the Tenor and Intent of the said Acts of Parliament, That then he the said Thomas Bomford his heirs and Assigns and every of them shall from time to time for ever hereafter bear and pay all such Penalties and Forfeitures as by the said Acts are Required, And shall save harmless and Keep Indemnified the said Isaac Holroid his heirs and Assigns and the aforesaid Lands and premises from the same and from all Costs Charges and Damages whatsoever that may arise or happen by reason of the Setting or disposing thereof or any part thereof to any Papist or Reputed Papist as aforesaid And further, That he the said Thomas Bomford his heirs or Assigns shall not Alien or Sell their Right and Interest of the Premises hereby granted to any person or persons whatsoever other than to his Wife Child or Children or next of Kin without
giving the first offer and preference thereof to the said Isaac Holroid his heirs and Assigns at as cheap a rate as any other person or persons shall or will bona fide give or pay for the same And the said Isaac Holroid doth for himself his heirs and Assigns Covenant promise grant and agree to and with the said Thomas Bomford his Heirs and Assigns by these presents in manner and form following (that is to say) That he the said Isaac Holroid hath not at any time heretofore granted conveyed away Settled nor made any other Disposition of the premises or any part thereof to any person or persons whatsoever And that he the said Isaac Holroid now hath in himself good Right and full Power to make and perfect this present Deed of the premises to the said Thomas Bomford and his heirs for ever according to the true Intent and Meaning of these presents And that it shall and may be lawful to and for the said Thomas Bomford his heirs and Assigns for ever hereafter peaceably and quietly to have hold use occupy possess and enjoy all and Singular the aforesaid premises with their and every of their appurtences (at and under the aforesaid yearly Rent Fine and Covenants hereinbefore reserved and contained) without the Lett Suite Trouble Eviction Interruption Molestation or other Disturbance whatsoever of him the said Isaac Holroid his heirs or Assigns or any other person or r persons whatsoever lawfully claiming or to claim by from or under him them or any of them And further, the said Isaac Holroid doth for himself his heirs and Assigns Covenant promise and agree to and with the said Thomas Bomford his heirs and Assigns that he the said Isaac Holroid his heirs and Assigns shall and will upon the reasonable Request and at the proper Cost and charges in the Law of the said Thomas Bomford his heirs and Assigns Make doe Execute perfect and Suffer, or cause to be
made done Executed perfected and Suffered all and every such further and other reasonable Act and Acts, thing and things Conveyances and Assurances in the Law whatsoever, be it by Matter of Fact or of Record or both for the further and better Conveying and Assuring of all and every the aforesaid Lands and premises with the Appurtences unto the said Thomas Bomford his heirs and Assigns for ever at and under the Rent fine and Covenants herein reserved & Contained As by the said Thomas Bomford his heirs or assigns or his or their Councell learned in the Law shall be Reasonably advised devised or Required So as such further Assurances Contain no further Covenant or Warranty for Quit Enjoyment than what are contained in these presents and so as the person or persons to execute such further Assurances be not Compelled or Compellable to travel farther than the City of Dublin for doing thereof And Lastly It is hereby declared and Agreed upon by and between the said parties to these presents That all such further Assurances so had or to be had and suffered by the said Isaac Holroid his Heirs and Assigns of for and concerning the premises shall be and enure, and are hereby declared to be and Enure to the use and behoof of the said Thomas Bomford his heirs and Assigns for ever, and to and for no other use Intent or purpose whatsoever Subject always to the payment of the said reserved yearly Rent of One hundred and Sixty Five Pounds and the said Ten Guineas Fine at the expiration of every twenty one years as aforesaid and all other the Covenants and Agreements that are herein contained in Witness whereof the Parties aforesaid have hereunto Interchangeably put their hands and Seals the day and year first before written.
Signed) Thos. Bomford
Sealed and delivered in the presence of
THO: SISSON NOT: PUB:
In Counterpart of the Deed of Fee Farm to Mr. Bomford of the Town's and Lands of 0ld Town in the County of Meath."
The above is a true copy
Witness W NICHOLLS
Jan 3rd. 1857
Enclosed in the original deed is a Parchment endorsed "Counterpart of leese for one year"