Chapter VI

Thomas’ Mortgage Problems  1740 - 1760

 

6.1

6.2 Sale of Corn etc 21st February 1740

6.3 Marriage - Thomas the younger and Mary Foster 30th March 1740

6.4 Death of Thomas the younger January 1741

6.5 Lease - Oldtown. Ardrums and Ferrans  10th August 1744

6.6 Turf from Oldtown 10th August 1744

6.7 Mediation over Disputed Will of Thomas the Elder 10th August 1744

6.8 Lease - Clonfad Rattin and Balloughter. 6th February 1746

6.9 Termination of Boycetown 16th May 1746

6.10 £2.000 Mortgage of Jacob Pechell 1750 - 1765

6.10.1 £2.000 Mortgage Passed to Elizabeth Chenevix 13th October 1756

6.10.2 Mortgage Passed to Daniel Chenevix. 21st October 1761

6.10.3 Mortgage Passed to Daniel Chenevix 20th October 1762

6.10.4 Mortgaged Lands Leased to Robert Sibthorpe 1st October 1764

6.10.5 Mortgaged Lands made over to Stephen Bomford 2nd November 1765

6.10.6 List of deeds left in the care of Mr Sibthorpe on 15th/16th May 1772 relating to Mr Thomas (Senior) Bomford’s mortgages 15th May 1772

6.10.7 Summary of Thomas the Elder’s £2,000 Mortgage

 

6.1

This chapter concerns the winding up of the affairs of Thomas the elder, son of Colonel Laurence, and of the death of Thomas the younger, Stephen’s son. It will be remembered that Thomas the elder died about January 1740 (5.7) and that under the terms of his will his two executors, Patrick Sandys and James Tyrrells were to settle his debts by disposing of any land they thought fit and then to hand over the remainder to his brother Edward, or failing him to his nephew Thomas the younger, son of Stephen (5.7 para 4). In fact the property went to Thomas the younger.

It is thought that the following lands were sold by the executors to settle Thomas’ debts: -

This is just over 2,400 statute acres and represents a considerable amount of money for those days. The sale does not cover the £2,000 mortgage to Jacob Pechell (6.10) but should be sufficient to cover all the other mortgages, many of which are unknown to us.

6.2 Sale of Corn etc 21st February 1740

The executors of the will of Thomas Bomford of Oldtown, deceased, Patrick Sandys of Cookestown, Co Dublin, Gent, and James Tyrrell of Clonard, Co Meath, agree that for £75 Thomas Bomford (the younger) of Rahinstown can have all the corn, straw etc in the haggards and granaries of Rahinstown, Baconstown and Oldtown, Co Meath. Oldtown and Ferrans are re-leased to those concerned for £400 (no other details given).

Witnessed: Edward Bomford of Hightown, Co Westmeath.  (Book 102 Page 302 No 70846)

1. Thomas the younger had moved to Rahinstown House before or during 1739. Thomas the elder had moved to Oldtown and may have died there though it is more likely that he died in Dublin; there is no sign of a house on Oldtown in the early maps, but in 1640 Christopher Hussey was living there as was Thomas the elder in 1691 so Thomas may have moved back into his old house.

2. The re-lease for £400 must apply to the tenant farmers. Ferrans was leased for £95.3.0 to Stephen of Gallow in 1724, and Oldtown belonged to Thomas the elder.

6.3 Marriage - Thomas the younger and Mary Foster 30th March 1740

This deed is in three parts, two leases and a marriage settlement.

The first lease concerns

1. Stephen Bomford of Gallow, Thomas Bomford the younger, his eldest son and heir apparent, and Thomas Bomford the elder of Oldtowne

2. Roger Jones of Dollinstowne and David Tew of the City of Dublin, Alderman.

The second lease concerns

1. Stephen and the two Thomases (as above)

2. Antony Foster of the City of Dublin, and

Thomas Bolton also of Dublin (These two were brothers-in-law).

The marriage settlement concerns

1. Stephen Bomford, Thomas Bomford the elder and Thomas Bomford the younger

2. Roger Jones and David Tew (The trustees)

3. John Foster of Dunleer, Co Louth, Mary Foster (the bride to be) daughter of John Foster, Antony Foster and Thomas Bolton

In consideration of a marriage between Thomas Bomford the younger and Mary Foster, the following land is re-leased to Roger Jones and David Tew in trust.

(Book 96 Page 431 No 68770)

1. The terms of the marriage settlement are not recorded but one can assume that the land was handed over to the trustees so that money will be later available for Mary Foster after Thomas’ death, and for the children.

The leases of this deed must have been arranged before March since Thomas the elder died in January (5.7.1); so too must the marriage settlement. This makes me believe that the date given, 30th March 1740, was the actual date of the marriage ceremony.

No marriage licence has been traced and Burke records that Thomas died unmarried. However the marriage did take place because in 1744 a deed refers to the lands being in the hands of the trustees, Roger Jones and David Tew.

2. The Foster family are shown in the family tree which will be found under 8.2.1. At the time of the marriage:

John Foster, Mary’s father, was Member of Parliament for Dunleer until 1737 but he has now retired and is living at Collon House just outside the village of Collon, Co Louth, where he was born. Probably he has just finished building a new house about a mile from Collon on Mount Oriel with a fine all round view from the Mountains of Mourne away to the north to the Wicklow Mountains to the south. At this stage the house was a sort of temple or garden pavilion, and it is even possible that the wedding took place there. This pavilion was added to in the 1750s and became the main house, being called Oriel Temple. John’s grandson became the first Lord Oriel. The name Oriel derives from the pre-Norman O’Carroll Kingdom of Uriel, which had its capital seat at Louth village six miles southwest of Dundalk. In 1939 the Cistercian Order settled in the Foster home and re-named it the Cistercian Abbey of New Mellifont.

Antony Foster was Mary’s brother. At this date he was the Member of Parliament for Dunleer and the Lord Chief Baron of the Exchequer of Ireland. He was married in 1736 and had three children

a. John who became the last Speaker in the Irish House of Commons and became Lord Oriel and the ancestor of Viscount Masserene,

b. William who became Bishop of Cork, Kilmore and Clogher, and

c. Margaret who was to marry Henry Maxwell, the Bishop of Meath. The Maxwell two sons were to become the 5th and 6th Lord Farnham.

Thomas Bolton was married to Mary Foster’s sister, Alice. He was to die later on in that same year, 1740.

Roger Jones of Dollanstown is the son and heir of Richard Jones of Dollanstown who leased Gallow to the Bomfords in 1709 (2.5.1).

David Tew, Alderman of Dublin, was the brother of Elizabeth Tew who married Thomas the elder in 1691. David’s wife Elizabeth was the sister of Anne (Smith) who married Stephen the elder of Gallow (9.3.7).

3. Mary Foster is not shown in Burke’s Peerage, but clearly she ought to be. She is not mentioned again in these documents, but there is a Prerogative Will entry which reads “1779 Mary Bomford Dublin Widow Dies Intestate”.

There are two possible Marys who could fit this entry: Mary (Foster), and Mary (Tarlton) who married Arthur Bomford of Rathfeigh about 1740 and was a widow by 1767.

It is not possible to say which Mary made a will in 1779 as I have found no other reference, not even in Betham’s notebooks.

I would like to think that Mary went off to live with her sister, Alice Bolton, when they were both widows, perhaps in Dublin.

4. Collon House, the Foster place, became famous for its great variety of trees and shrubs. The famous collection was started by Antony and his eldest son became most enthusiastic about planting, amongst other species he introduced the copper beech to Ireland and was the mainspring in starting the Botanical Gardens at Glasnevin, Dublin. Arthur Young visited the Fosters in 1776 and some of his comments are included in paragraph 11.5.

6.4 Death of Thomas the younger January 1741

Extract from the Prerogative Grants “Bomford Thomas Gallow Co Meath Gent Intestate 1741”.

Although the prerogative grant was dated 1741 it is likely that Thomas actually died in December 1740 or at the latest during the first few days of January 1741. He must have died before 16th January 1741 since on that day his father paid off some of his inherited debts (5.4.4). My preference is December 1740 but Burke states 1741 and I will not change that but will settle for January 1741.

Not much is known about Thomas the younger, probably because he died in his early 20s, however the family had great plans for him. His father had arranged a marriage, which, if it was not into the peerage, was very well connected. It must have been a great shock to the family when he died less than a year after his marriage, and it must have been an unexpected death, as he did not make a will.

If he had made a will the future might have gone differently, but he died intestate. Legally his property would go to his next of kin, who in his case was his father, Stephen of Gallow. It was not until much later that wives were normally allowed as a matter of course to inherit land. However Thomas of Clounstown, the eldest son of Oliver Bomford, claimed that as he was ‘Heir at Law’ to Thomas the elder, he should have Thomas the elder’s property. Indeed Thomas of Clounstown went so far as to actually lease some of Thomas the elder’s land. It is with this background in mind that the next five documents should be read.

6.5 Lease - Oldtown. Ardrums and Ferrans  10th August 1744

Between

1. Thomas Bomford of Clownstown, Co Meath, and

2. Terence Franklin, Cornet, Royal Irish Regiment of Dragoons commanded by the Right Honourable Richard Lord Viscount Molesworth

Reciting

1. In 1703 Isaac Holroide leased to Thomas Bomford, late of Rahinstown, the town and lands of Oldtown, Ferrans and Little Ardrums containing 447 acres plantation measure (724 statute) fee farm for ever for a rent of £165 per annum and 10 guinea pieces of gold every 21 years. (2.1)

2. In 1724 Thomas Bomford of Rahinstown leased to Steven Bomford the land of Fennars, alias Ferans, containing 265 plantation acres (429 statute) for £95.3.0 plus 10 Guineas every 21 years. (4.2)

3. Thomas Bomford the elder has died and Thomas Bomford of Clownstown is his heir at law.

Now Thomas Bomford of Clownstown leases Oldtown, Little Ardrums and Ferrans to Terence Franklin at the same rent. (Book 118 Page 9 No 79546)

1. Knowing that Oldtown was 295 statute acres from a previous lease, and knowing that Ferrans was 429 acres from this lease, Little Ardrums must be 41 statute acres. Edward Bomford also had 21 acres of Little Ardrums and so in the land summary Little Ardrums has been entered as 62 statute acres.

2. Lord Richard Molesworth (3rd Viscount, died 1758) was ADC to the Duke of Marlborough and saved his life at the Battle of Ramillies in 1706. He became a Field Marshall and Commander-in-Chief of the Forces in Ireland.

3. Terence Franklin came from Dunany, Co Kildare, and died in 1759 (Vicar’s Wills).

A cornet was a cavalry officer who usually carried the standard. In 1871 this rank was changed to Sub-Lieutenant and later to Second Lieutenant.

6.6 Turf from Oldtown 10th August 1744

Cornet Terence Franklin grants to Patrick Sandys for ever permission to ‘cutt, dry and carry Turff’ from the bog of Oldtown in the Barony of Deece, sufficient for one family on the lands of Boycetown, Co Kildare.  (Book 116 Page 68 No 79543)

1. Patrick Sandys was given Boycetown, and I am assuming neighbouring Whitestown as well, in the will of Thomas the elder. These lands are immediately south of Oldtown just across the Rye Water stream.

2. The ‘Greatt Bogge’ of 1654 stretched across the south of Oldtown, the south of Ardrums and into Baconstown and Rathroane. Altogether it amounted to about 150 acres and became a problem to the engineers who built the Royal Canal through it in the 1790s.

3. The practice of leasing a stretch of bog for fuel became quite common. For instance Emlagh Bog north of Kells was leased out in strips to different householders and Oakley Park had a strip or two of Emlagh until around 1900. The heather was first removed and long narrow sods were dug, layer by layer, with a special spade; these sods were thrown to the uncut surface to dry and left for a week or so, then they were upended and leant against each other to dry further. Finally, since carts or heavy vehicles would sink in the soft soil, they were carried in wickerwork baskets, often on the back of a donkey, to the roadside and stacked for carting home. Turf burns with a hot flame but is a slow burner, so slow that a few sods thrown on the fire at bedtime will remain burning all night; the result was that a poor person’s ‘cabin’ may have been empty of furniture but it was always warm.

6.7 Mediation over Disputed Will of Thomas the Elder 10th August 1744

Between

1. Thomas Bomford of Clownstown, Co Meath

2. Patrick Sandys of Dublin, Merchant and James Tyrrell of Clonard, Co Dublin, Both executors of the will of Thomas Bomford the elder of Rahinstown

3. Edward Bomford of Hightown, Co Westmeath

Reciting

1. The will of Thomas Bomford the elder dated 20th August 1738 (5.7) bequeathed to Patrick Sandys the land of Boycetown, and gave the power to the executors to sell, lease or mortgage what other estates they wished to pay off Thomas’ legal debts. They were to hold all in trust for Edward Bomford with remainder to his son John, and with further remainder to Thomas Bomford, son of Stephen, and his heirs.

2. The lease of 30th March 1740 in which Stephen Bomford, Thomas Bomford the elder and Thomas Bomford the younger leased in trust to Roger Jones and David Tew the town and lands of Oldtown, Little Ardrums, and that part of Ferrans occupied by Stephen Bomford at a rent of £95.3.0 (This is the Marriage Settlement of Thomas the younger and Mary Foster, 6.3.).

3. Thomas Bomford the elder made another will on 17th June 1740 in which, after bequeathing several legacies, he left everything to Patrick Sandys and Richard Connell. However he cancelled this later will and so endorsed the first will as being the true one

4. Thomas the elder died in January 1740. Thomas, son of Stephen, survived him and occupied the lands of Oldtown, Little Ardrums and part of Ferrans.

5. Thomas, son of Stephen, died without issue (in January 1741).

6. Thomas Bomford of Clownstown, being heir at law of Thomas the elder, took possession of the lands of Thomas without consideration to the will of 1738. This resulted in “several suites and differences” between Thomas Bomford of Clownstown, Patrick Sandys, James Tyrrell, Edward Bomford and others concerning the estate.

Now, “in order to make a Final End of such Suites and all Matters in Dispute” two mediators, Francis Blake and William Knox, were brought in. They decided, with the agreement of all, that the will of 1738 should stand and that in accordance with its terms the two executors should pay off Thomas’ debts and the remainder should go as stated in the will.

To this end Thomas Bomford of Clownstown discharged Edward Bomford and the two executors from any claims, as they did to Thomas of Clownstown.

Signed: Thomas Bomford (of Clownstown); Patrick Sandys; James Tyrrell; and Edward Bomford.  (Book 116 Page 69 No 79544)

1. This dispute over the will and the actual seizure of the land by Thomas of Clounstown must have caused an enormous family rift, so much so that it is conceivably the reason why Oliver and his branch of the family were omitted from Burke’s Landed Gentry; the feud of 1744 had not been forgotten a hundred or so years later.

The only grounds for Thomas of Clounstown to dispute the will is that he was the eldest son of Oliver and so the ‘senior’ Bomford of that younger generation alive at the time and so, as it says in the deed, he was ‘heir at law’. The land under dispute was Oldtown, Little Ardrums and Ferrans; the same land that Thomas of Clounstown leased to Terence Franklin (6.5). All the rest of Thomas the elder’s land had gone without dispute to either his brother Edward of Hightown (the Westmeath lands), or to Stephen of Gallow (the land of Rahinstown and Baconstown which was previously assigned to Stephen’s son Thomas).

2. Probate of Thomas the elder’s will was granted on 3rd February 1740 (5.7.1) so he must have died in January at the latest. He could not have made another will on ‘17th June 1740’, this must be a clerical error for, perhaps, 17th June 1739.  Equally, Thomas the elder could not have been party to a lease on 30 March 1740, so it is not clear what is going on with the dates.

6.8 Lease - Clonfad Rattin and Balloughter. 6th February 1746

Between

1. Patrick Sandys and James Tyrrell, executors and trustees of Thomas Bomford, late of Rahinstown

2. Mark White, Attorney at Law in the City of Dublin

3. Edward Bomford of Hightown

4. Thomas Bomford of Clownstown, Gentleman and nephew and heir at law of Thomas Bomford, late of Rahinstown

The lands of Clonfad, Rattin and Balloughter, otherwise Hightown, are leased to Mark White.  (Book 126 Page 91 No 85795)

There is another document with the same date and content which confirms the lease of Hightown to Mark White.  (Book 128 Page 20 No 85794)

These three places were all mortgaged by Thomas the elder to Jacob Pechell, Clonfad and Rattin for £2,000 and Balloughter for £1,000. It is not clear to what extent the mortgage was concerned with this lease to Mark White (or Whyte) but the executors are still involved. Neither is it clear to what extent Edward of Hightown came into the Westmeath lands.

Some of the deeds indicate that he owns the lands but others that he only leases them. With regard to Balloughter, or Hightown, Edward and his family continues to live at Hightown House and presumably farms the place but in four years time a deed (10.2.1) states that he leased it from Mark White.

We must therefore assume that the land was never his, that he leased the Westmeath lands. As said before perhaps Edward was only a trustee for his son John in Thomas the elder’s will, and when John died he got nothing but continued to lease the land.

6.9 Termination of Boycetown 16th May 1746

Between Thomas Bomford of Clownstown, Co Meath, and Patrick Sandys of Dublin.

Whereas Henry White leased to Thomas Bomford the elder the land of Boycetown (and Whitestown) containing 300 plantation acres (485 statute) in Co Kildare for three lives (5.1),

Now Thomas Bomford of Clounstown as heir at law confirms that the land belongs to Patrick Sandys.  (Book 161 Page 485 No 109625)

This deed confirms the bequest in the will of Thomas the elder. These Whites (or Whytes) came from Pitchfordstown outside Kilcock; there is no reason to connect them with the attorney of Dublin of the previous deed, Mark White.

6.10 £2,000 Mortgage of Jacob Pechell 1750 - 1765

The rest of this chapter is devoted to the history of the £2,000 mortgage by Thomas the elder to Jacob Pechell (5.4.2). The original sum borrowed was £2,000 but by 1733 Thomas had defaulted in re-payment, perhaps more than once, and the penal sum of £5,200 became the amount to be paid back. £4000 was paid on behalf of Thomas by his nephew Thomas in 1738 (5.4.4) and the younger Thomas was assigned Rahinstown and Baconstown; this left £1,200 for Thomas the elder to pay but he defaulted again and the sum to be repaid at this date (1750) now amounted to £2,000.

During the next 15 years the sum had still not been repaid and so rose again to £4,000. By this time Thomas the elder was dead and it is not possible to state who should have paid this sum since the issue was clouded initially by the dispute over the will and then by yet another dispute, that of the ownership of Oldtown and Enniscoffey in Westmeath.

Only bits of the story of the mortgage are included in the deeds available but it would appear that the original loan had risen over the years to around 400%; a high price to have to pay for a loan of £2,000.

£2,000 Mortgage Passed to Judith Arabin (Daniel) 22nd March 1750

Between

1. Samuel Pechell of London, eldest son and heir of Jacob Pechell of Dublin deceased

2. Hon. Major-General Henry de Grangues of Dublin (died 1754), executor of the will of Colonel Samuel Daniel

3. John Arabin the younger, eldest son of Lieut-Colonel John Arabin and Judith Arabin, otherwise Daniel, his wife

4. Lieut-Colonel John Arabin

Reciting that Thomas Bomford of Rahinstown by his mortgage dated 10th May 1733 for £2,000 made over to Jacob Pechell the lands of:

Now this mortgage is passed to Judith Daniel, wife of John Arabin the younger, with the consent of Major-General Henry de Grangues, as part of her marriage settlement.

Signed: John Arabin

Witnessed: Henry Peterkin, Quartermaster of the Regiment of Horse commanded by Lord George Sackville; Paul Pechell, Captain in the Regiment of Foot commanded by General Fleming, and brother to Samuel Pechell; and Thomas Mulock, Public Notary.  (Book 144 Page 466 No 88325)

6.10.1 £2,000 Mortgage Passed to Elizabeth Chenevix 13th October 1756

Between

1. John Arabin, then late of Dublin, now of Gibraltar, Colonel of a Regiment of Foot

2. Richard Chenevix, Lord Bishop of Waterford and Lismore, and John Arabin the younger of Dublin, Captain in His Majesty’s Regiment of Dragoons commanded by Major-General Dejeau, and, Daniel Chenevix Captain in the same Regiment.

Reciting

1. The lease of 22nd February 1708 (2.3) by Francis Heaton to Thomas Bomford of Rahinstown of the land of Clonfad 721 plantation acres (1168 statute) at a rent of £135.

2. The lease of 22nd November 1710 (2.6) to Thomas Bomford for ever by Francis Heaton of the land of Rattin 284 plantation acres (460 statute) at a rent of £80.

3. Sir Arthur Langford on 10th December 1691 leased to Thomas Bomford the lands of Baconstown 507 plantation acres (821 statute) and 396 plantation acres (642 statute) part of Rahinstown at £120 rent for the first four years, the next 3 years at £140 and thereafter £169 for three lives renewable for ever (1.9.1).

4. On 20th July 1692 Gerald Fitzgerald of Rathrone, Co Meath, leased to Thomas Bomford the town and lands of Enniscoffy and Oldtown in the Barony of Fartullagh for 999 years (1.9.2).

5. Mortgage by Jacob Pechell to Thomas Bomford on the lands of Clonfad and Rattin, Baconstown and Rahinstown on 10th May 1733 for £2,000 (5.4.2).

6. This £2,000 mortgage came to be vested in John Arabin the elder by a settlement of 12th October 1756 (the day before this deed) between

a. Philip Chenevix of Dublin, Lieut-Colonel of His Majesty’s Regiment of Horse commanded by Lord George Sackville and Daniel Chenevix, his only son and heir

b. John Arabin the elder and Elizabeth Arabin, spinster his eldest daughter

c. Richard (Chenevix), Bishop of Waterford and Lismore, and John Arabin the younger

Now a marriage is intended between Daniel Chenevix and Elizabeth Arabin and this mortgage was settled by John Arabin on his daughter as a marriage portion. The executors being Richard, the Bishop, and John Arabin the younger, in trust.  (Book 190 Page 539 No 128116)

6.10.2 Mortgage Passed to Daniel Chenevix. 21st October 1761

Between

1. Richard, Bishop of Waterford and Lismore, surviving trustee of the marriage settlement of Daniel Chenevix and Elizabeth Chenevix, otherwise Arabin, his wife

2. Stephen Bomford of Rahinstown (the younger)

3. Daniel Chenevix

Reciting

1. May 11 1733, Thomas Bomford, Edward Bomford and Thomas Bomford the younger took a bond on Jacob Pechell, since dead, for the penal sum of £4,000 for £2,000 with interest.

2. Trinity Term 1733, as a result of a judgement in the Court of Common Pleas, Thomas Bomford was bound to pay the penal sum of £4,000 with costs

3. The mortgage became vested in John Arabin of the City of Dublin

4. 13th October 1756 Captain John Arabin, since deceased, made the bond over to Richard, Bishop of Waterford and Lismore, in trust.

This indenture is a memorial of the above and confirms that the bond is in the hands of Daniel Chenevix with the consent of Stephen Bomford

Signed:  R          Waterford and Lismore  (Bishop Richard Chenevix)

1. This indenture was not registered in the Registry of Deeds and it is the only deed which mentions the penal figure. The original deed is now in the National Library in Dublin.

2. The Westmeath Poll Book of 1761 records “Bomford, Stephen of Clonfad.” So in spite of the mortgage Stephen held the land and was granted his vote in Westmeath. It is interesting that he is recorded as ‘of Clonfad’ rather than of the other Westmeath properties.

6.10.3 Mortgage Passed to Daniel Chenevix 20th October 1762

Between

1. The Reverend Father in God, Richard, Lord Bishop of Waterford and Lismore, the surviving trustee of the marriage settlement of Daniel Chenevix of Dublin with Elizabeth Chenevix, otherwise Arabin, his wife.

2. Daniel Chenevix, Lieut Colonel of the Royal Irish Regiment of Artillery

3. Stephen Bomford of Rahinstown

Reciting

1. The leases are not repeated here as they are as in the deed of 13th October 1756, covering the lands of Clonfad and Rattin, Baconstown and Rahinstown, Enniscoffey and Oldtown and the mortgage in the 10th May 1733 deed.

2. The mortgage came to Captain John Arabin who died, it was passed on to the Bishop and John Arabin the younger in trust, and they passed it on to Daniel Chenevix on 12th October 1756 as part of his marriage settlement with Elizabeth his wife.

3. The deed of 12th October 1756 in which Colonel John Arabin agrees to pay £2,000 on the marriage of Elizabeth and Daniel Chenevix, and also agrees to pay another £2,000 on the marriage of his son Daniel. The £4,000 is to be held in trust by Bishop Richard Chenevix and is to be used to buy Jacob Pechell’s mortgage on the above lands.

Now the Bishop with the agreement of Stephen Bomford makes over the lands of Enniscoffy and Oldtown in Co Westmeath to Daniel Chenevix and his wife.

This is a summary of two consecutive deeds of the same date. (Book 220 Page 299 No 144894) (Book 217 Page 403 No 144895)

6.10.4 Mortgaged Lands Leased to Robert Sibthorpe 1st October 1764

Daniel Chenevix of Dublin, with the consent of Stephen Bomford of Rahinstown, leases to Robert Sibthorpe of Dublin (Stephen’s brother-in- law, a barrister) for one year the lands of Clonfad and Rattin, Bacon’s Town and part of Rahinstown, and Enniscoffy and Oldtown.

The mortgage is referred to. (Book 228 Page 595 No 153756)

The list of deeds of 1772 (below) includes one for “2nd October 1764 Deed of Assignment and mortgage from Daniel Chenevix (the next day) to Stephen Bomford the younger and Robert Sibthorpe.”

6.10.5 Mortgaged Lands made over to Stephen Bomford 2nd November 1765

Robert Sibthorpe of Dublin made over to Stephen Bomford of Rahinstown the lands of Clonfad and Rattin, Baconstown and Rahinstown, and Enniscoffy and Oldtown. Book 269 Page 599 No 182001)

6.10.6 List of deeds left in the care of Mr Sibthorpe on 15th/16th May 1772 relating to Mr Thomas (Senior) Bomford’s mortgages 15th May 1772

1.

10th December 1691

Lease of Rahinstown and Barronstown from Sir Arthur Langford (1.9.1)

2.

11th December 1691

Lease of Barronstown and part of Rahinstown from Sir Arthur Langford

3.

20th July 1692

Lease of Innisciffey and Oldtown from Gerald Fitzgerald of Rathrow (1.9.2)

4.

23rd February 1708

Lease of Clonfad, adjacent to Hightown, from Francis Heaton of Mount Heaton (2.3)

5.

23rd November 1710

Fee farm and lease for one year of Rattin from Francis Heaton (2.6)

6.

9th May 1733

Mr Francis North’s reconveyance. (There is no record of this, but on 26th July 1731 Thomas leased much land including the above, to Francis North (5.4.1); no doubt this reconveyance is the return of those lands).

7.

11th May 1733

Deed of Bargain, Sale and Release to Jacob Pechell

8.

11th May 1733

Bond to Jacob Pechell for £2,000 from Thomas the elder, Edward and Thomas Bomford the younger (5.4.2).

9.

29th August 1749

Attested copy of Memorial on Francis North’s reconveyance

10.

12th August 1749

Declaration of Trust from (Illegible) Pechell

11.

27th August 1750

Letter of Attorney from Sam Pechell to Major-General Degrangues

12.

(Undated)

Bundle of negative certificates and bonds

13.

23rd March 1750

Deeds of Bargain, Sale and Release from Samuel Pechell to John Arabin (This is missing but it must be similar to the deed of the next day, 6.10).

14.

13th October 1756

Deed of Assignment from John Arabin to Richard Chenevix, Bishop of Waterford, and to John Arabin junior in trust. (6.10.1)

15.

21st October 1762

Deed of Conveyance from Richard Chenevix, surviving trustee, of Stephen Bomford to Daniel Chenevix. (This is also missing, but it must be similar to the deed of the previous day, 6.10.3).

The following was added in a different hand:

16.

2nd October 1764

Deed of Assignment and Mortgage from Daniel Chenevix: to Stephen Bomford the younger and Robert Sibthorpe  (6.10.4)

17.

3rd November 1770

(This has nothing to do with the mortgage). Lease from Lord Boyne to Stephen Bomford of part of Dunfierth, Mucklin and Mulgeeth in the Barony of Carberry, Co Kildare, renewable forever, at a rent of £404 yearly. (11.2.3)

The original list (but not the listed items) is held by the National Library in Dublin.

6.10.7 Summary of Thomas the Elder’s £2,000 Mortgage

1.     £2,000 mortgage with £4,000 penal sum originated some time before 10th May 1733 with Jacob Pechell of Dublin. It passed to Jacob's eldest son, Samuel, on Jacob's death.

2. March 1750. Mortgage now part of the marriage settlement of Judith Daniel and John Arabin the younger. Major Gen Sir Henry de Grangues was executor.

3. October 1756 Mortgage now part of the marriage settlement of Elizabeth Arabin and Daniel Chenevix. Colonel John Arabin paid £2,000 and Colonel Philip Chenevix paid another £2,000. Thus the penal figure was paid. Trustees of the settlement were Capt John Arabin and Richard Chenevix, Bishop of Waterford and Lismore.

I have not been able to tie in the Bishop, Richard Chenevix: perhaps he and Philip were brothers (seems so: see 1.5); and, more importantly, I have failed to connect Eleanor Chenevix, wife of Colonel Laurence Bomford.

The Arabin family were still at Moyvoughly in the Parish of Ballymore in 1838 when ‘C. Arabin’ was living there.

4. October 1764. The reason is not clear but the land is handed over to Robert Sibthorpe who is the brother-in-law of Stephen the younger. Somehow he and/or Stephen pay off the Chenevix family, and in -

5. November 1765, the lands are made over to Stephen the younger and are free of debts.

Next Chapter: Chapter 7

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