Transcripts of Memorials, Deeds, Conveyances and Wills 1708-1929
The seventeenth century witnessed the Cromwellian and Williamite land confiscations which finalized the transfer of the land of Ireland from the old Gaelic society to the newly established Protestant Anglo-Irish families. The registry of deeds was founded in 1708 to give some legal status to the new landowners and to regulate all future land transactions.
One of the functions of the Registry was to enforce the Penal legislation that prevented Catholics from buying or taking leases on land. As a result, the Catholic population features little as principals in deeds for the eighteenth and nineteenth century. Similarly Presbyterians, who also suffered restrictions on land ownership, were rarely involved in legal transactions and even where they were, few of their deeds would be registered. As a result, the vast majority of deeds concern the property-owning members of the Church of Ireland. However, don't assume that no information about your ancestor can be found in the Registry of Deeds. One of the most valuable finds you can make is a deed with a list of the tenants on the land being sold or leased. There were some Catholics in the deed books also. The Penal Laws did not prevent Catholics from retaining land they already owned, so some Catholics owned land all throughout the period of the eighteenth-century Penal Laws. By the nineteenth century with religious freedom guaranteed in Ireland, records of persons of all religions are included as lessors and owners. However, even with emancipation, the majority of the population, Catholic and Protestant, was still landless. They were renting or leasing.
The registration of deeds was not compulsory. In a large number of cases, copies of a deed were simply kept by the parties concerned. Those that were registered often related to transactions that were potentially contentious. When a deed was registered in the Registry of Deeds it was not filed there; rather, it was returned to the party who delivered it for registration. What was filed in the Registry of Deeds was a "memorial" which is a synopsis of the deed. Where relevant deeds are located, they can be very informative. A deed may contain abstracts of previous deeds and record several generations of the one family. Deeds relate to a variety of legal documents; sale of lands and property, leases of land/property, marriage settlements, wills and mortgages.
Below are some complete transcriptions from LDS FHL films of memorials and deeds which contain references to Cummins individuals in County Carlow. They are transcribed in full as they appear in the deed registry books. Brackets denote words that were undecipherable. Please keep in mind that legal documents are difficult for the lay person to read and understand at any time, and these are written in the style of the time. However, with some patience and several readings, the meaning of the documents should become fairly clear. We will continue to transcribe these documents as we order the various films. The FHL film numbers are given on the Index to Registry of Deeds page. (Every effort has been made to be as accurate as possible in these transcriptions. However, these are our interpretations of the original handwritten documents, and, since we are not perfect, there may be errors. We recommend that you check the microfilm yourself to verify the information.)
Vol 155 Page 530 No. 105728 - Sir William Vigors Burdet to Terence Cummin, 1752
Vol 233 Page 291 No. 153993 - Edward Eustace to Terence Cummin, 1765
Vol 625 Page 155 No. 432626 - Mathew Cummins to Jonas Paisley & Thomas Codd, 1810
Vol 735 Page 384, No. 501319 - Hugh Cumming exec of estate of Benjamin Disrael to James Eustace, 1818
Vol 744 Page 59 No. 506394 - David Latouche to George Cummins & Talbot Glascock, 1819