JOHN MCYLROIE

CONFIRMED SALE - 1759 (LONAN)

Whereas one John Mcylroie of the parish of KK Lonan by his wife Margaret Mcylroie als Clague, daughter of Finloe Clague at Laxey Bridge in said parish, being interested in and entitled unto a fourth part of several parcels of Lord’s land situate in that parish called and known by the name of Small Garden, the River’s Croft, the Meadow and Bank, adjoining with another place above it called the Old Land being all an old cottage rent of eighteen pence or thereabouts in and about Laxey aforesaid, who also in like manner hath been interested in and entitled unto the fourth part of several other parcels of Abbey land in that parish called and known by the name of the Small Hill, Kirk Nicholas’s Croft, the Flatt and Bally-Criuk’s Garden besides the houses and garden all adjoining with another place called Penny Garden adjoining together under one compass of four shillings and four pence Abbey Rent or thereabouts which right and title of his, he hath sold unto one John Kelly, smith, in that town of Laxey in the parish aforesaid as by a Deed of Sale dated 27th January 1758 doth appear and upon a division of the premises between the said John Kelly and one other John Clague, son of the said Finloe Clague, who with his mother Ann Clague are entitled unto and possessed of another three quarters of the said respective parcels of both Lord and Abbey land, they the said persons have come to the following agreement and exchange:

Therefore be it known by these presents that I the said John Kelly, smith, in Laxey within that parish with the full consent of Margaret Kelly als Skillicorn my wife, for diverse good causes and considerations us thereunto moving but especially for the conveniency and better satisfaction of enjoying my right of those concerns purchased from Mcylroie as above mentioned in having some part thereof solely and entirely in my own hands viz the Meadow, Flatt and Bank adjoining it as the same is also contiguous to my habitation there have therefore given, granted, bargained, conveyed and exchanged and do by these presents give, grant, bargain, convey and absolutely pass over by way of exchange from us, our heirs, executors, administrators and assigns unto the said John Clague and his mother Ann Clague, their heirs, executors, administrators and assigns all the right, title and interest that I have or hereafter could have in and unto all the remainder, part or residue of Lord’s lands before mentioned viz. the Small Garden, River’s Croft, and the Old Land so called and likewise all the right and title that I also have or could have in and unto all the parcels of Abbey land herebefore mentioned or otherwise expressed in that Deed of Sale to me from the said Mcylroie for and upon condition of their exchanging with me their right of three quarters they have in the said Meadow and Bank to have and to hold unto them the said John Clague and his mother Ann Clague, their heirs and assigns forever from me or my wife, our heirs, executors, administrators and assigns in any partnership with them in the premises for the future and that the same shall be and enure and taken to be their proper right and title without any further claim, challenge or demand of us our heirs, executors, administrators and assigns in any partnership with them in the premises for the future, they the said John Clague and his mother Ann Clague, their heirs, executors, administrators and assigns paying yearly such annual Lord’s Rent as shall be settled or left upon this remainder part of Lord’s land with the like proportion of all other dues, duties, suits and services incumbent upon the same as also all my part or proportion of the Abbey Rent which is thirteen pence with the like proportion of the boons, dues, duties, suits and services incumbent thereupon and was paid by me and the said Mcylroie heretofore at the times and seasons accustomed within this Isle

And likewise be it known by these presents that I the said John Clague with the consent of Margaret Clague also Moore my wife and also Ann Clague, widow, of Laxey aforesaid for various good causes and considerations us thereunto moving and especially upon the account of having this Small Garden, River’s Croft and Old Land to our own disposal which are Lord’s land and the whole parcels of Abbey Land to us besides have therefore given, granted, bargained, conveyed and exchanged and do by these presents give, grant, bargain, convey and absolutely forever by way of exchange unto him the said John Kelly, his heirs, executors, administrators and assigns from both ourselves, our heirs, executors, administrators and assigns all the right, title and interest that we have had, now have, or hereafter could have in and that …. three quarters of that Meadow, Flatt and Bank adjoining for the consideration of his exchanging with us his right of all the rest both Lord and Abbey as before mentioned

To have and hold unto him the said John Kelly, his heirs, executors, administrators and assigns forever from both us, our heirs, executors, administrators and assigns with all ways, waters, watercourses, easements, liberties, profits and advantages to the same belonging or in any ways appertaining and that the same may be and enure, taken and deemed to be his own right and peculiar property without any claim, challenge or demand of us or any of us our heirs, executors, administrators and assigns in any partnership with him in the future he the said John Kelly paying yearly the annual Lord’s Rent that shall be settled or left on this Meadow and Bank adjoining it with the like proportion of all other dues, duties, suits and services incumbent and payable at the times and seasons accustomed within this Isle And furthermore I the said John Kelly and Margaret my wife as also I John Clague and Margaret my wife as well as I Ann Clague als Stole, widow, do hereby covenant and agree one with another as also for each of our heirs, executors, administrators and assigns the one with the other that the one shall and may enjoy the hereby granted premises to the other commencing from the date hereof quietly and peaceably to have, hold and possess the same without any lett stop or trouble of the other or of any of our heirs, executors, administrators and assigns and moreover we are all together agreed upon that the boundary between us shall be the old Copp on top of the Bank separating it from the place called the Old Land and that there shall be a road of two yards wide to come and go from the High Road through the south-east end of this Meadow and up the Bank to the place called the Old Land above if need requires. And that we shall both warrant, defend and maintain the title of the hereby granted premises to each other against the claim of any person from or under either of us provided nevertheless and it is here provided that if either of us be outed or evicted of and from the possession of either the said parcels whether Lord or Abbey land by the colour or means of any former right claimed and recovered by any other person that then and in that case this Deed of Agreement and Exchange shall be utterly void and of none effect. And so lawful for the party outed and evicted out of the other’s right given him to enter and repossess his own former estate and share therein as before, anything herein contained to the contrary notwithstanding.

And for the true and faithful performance hereof of every condition I the said John Kelly and Margaret my wife, and I John Clague and Margaret my wife, as also Ann Clague als Stole, widow, do bind and oblige ourselves, mutually and ….. …… as also our heirs, executors, administrators and assigns, in the penalty and forfeiture of ninety poinds to be levied of the party not abiding by these conditions the one half thereof to the Lord of this Isle and the other half to the party performing covenants. In witness whereof we have hereunto set our marks to our names this twelfthth day of November 1759. John Kelly my mark X, Margaret Kelly als Skillicorn my mark X, John Clague my mark X, Margaret Clague als Moore my mark X

Signed and delivered to eachother in presence of John Fayle his mark X, William Fayle his mark X

We whose names ensue are the Setting Quest of KK Lonan charged by the worshipful Deemster Taubman’s token to settle a rent on this Meadow, Flatt and Bank adjoining which is part of the Lord’s land at the …. of John Kelly and having met and viewed the premises do settle or proportion eight pence half penny rent thereon and give this for our answer in the matter this fourteenth of May 1760. Daniel Kneal my mark X, Thomas Cowin my mark X, Phi Kewley my mark X, Phi Quayle my mark X

10th May 1760 The subscribing parties to the before written Deed of Exchange with the covenants and conditions therein mentioned came this day and acknowledged the same to be their voluntary act and deed before me. John Taubman

At a Sheading Court holden at Douglas 16th October 1760 The beforegoing Deed of Exchange being acknowledged before the Deemster and now openly published in Court and no objection offered against it the same is therefore allowed of an confirmed according to law. Basil Cochrane, Dan Mylrea, John Quayle, ……, John Taubman, Dan Lace

[Ref:SSS Oct 1760 #45]

NOTES

  1. Graue
  2. This document is mostly about the exchange of some land between John Kelly, a smith in Laxey, and John Clague & his mother, Ann Clague. The preamble is a confirmation that John Mcylroie and his wife Margaret Clague, half-sister of John & step-daughter of Ann, in the current contract, sold the land to Kelly in 1758
  3. John was the oldest son of Richard Mylrea & Isabel Moore and baptised 1724; Margaret Clague baptised November 1724, daughter of Finloe
  4. John & Margaret married probably around 1744, and had several children - perhaps 7 - however, most records of events in this family (esp marriages, burials) have not survived
  5. Margaret was an heiress, given her grandmother's will below, and the evidence contained in this and other documents that she had lands settled from her father, in conjunction with her step-brother John
  6. Of the parties mentioned in this contract, John Kelly married Margaret Skillicorn in Lonan 1746; John Clague married Margaret Moore in Braddan in 1755; no records for marriage of Finloe & Ann Stole, or John Mcylroie & Margaret Clague
  7. Lonan parish registers from the early 1700s are far from complete so extreme caution must be exercised when attempting to draw conclusions about these families and their relationships

Associated Documents

From Summary of Wills, A Manx Notebook

Mother of Margaret

1725-1 A 11 [Clague] Margaret BREW [bur Lon 17250421] d 13 Apr; mo alive; sis Isabel; husb alive; only dau Margt ua - aunt Isable Brew; in burial reg as Margt Clague als Brew

Father of Margaret

1747-2 E w CLAGUE Phinlo [bur Lon 17471007] d 4 Oct 1747; wife Ann als Stole; unnamed ch; court names Jane, Anne, Ellinor (eldest)

Grandmother of Margaret (Maternal)

1754-3 E d BREW Margaret als KELLY [bur Lon 17540203] d 19 Feb 1754; gdau Margt Clague (w/o John Mylroii) admx [daughter Margaret Brew married Phinlo Clauge 26/11/1723]

Step-mother of Margaret

1776-1 A 4 CLAGUE Ann STOLE [bur Lon 17760202]d 1 Feb 1776; Laxey; dau Jane Callow; dau Ellinor Brew; gdau Elinor Brew, Jane Brew, Cath Clague; son John; dau Ann Clague execx  (Finloe evidently remarried after wife Margaret Brew died in 1725)

Sister-in-law of Margaret

1797A 1 CLAGUE Margaret BREW [bur Lon 17970330] made 29 Mar 1797;3 dau Elinor, Mary + Cath; husb John exec

Last updated: Jan 2017