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A Memorial of Indented deed of Mortgage Bearing date the Twenty seventh Day of January one
Thousand seven hundred and ninety six and made Between James Madden, John Madden and Daniel Madden
all of Killingly in the County of Cork Farmers of the one Part and Jeremiah O Leary of the City of Cork
Merchant of the other Part whereby after Reciting as therein is Recited they the said James Madden,
John Madden and Daniel Madden For the considerations therein mentioned did Grant Bargain Sell assign and make
over unto the said Jeremiah O Leary his Executors administrators and assigns all That and Those that Part
of the Lands of Killingly then and for some time Past then in the Possession of John, & James John Madden
and Daniel Madden containing one hundred and twelve acres and nine Perches being the same more or less and
meared and bounded as in a Map or Survey thereof in the Possession of Henry D’Esterre the original Lessor
of said premises and situate in the County of Cork with the Rights members and appurtenances thereunto belonging
or in any wise appertaining and the Rents Issues and Profits thereof & of every part thereof and all the Estate Right
Interest Property Claim & demands whatever either in Law or Equity of them the said John Madden, James Madden & Daniel
Madden of in and to the same and every part thereof together with the said Recited Indenture of Lease and all other
deeds Evidences and writings Relating to the Premises aforesaid in the Power Custody or procurement of the said James
Madden, John Madden and Daniel Madden To hold all and singularly the said Premises thereby granted with the
appurtenances unto said Jeremiah O Leary his Executors Administrators and assigns from thenceforth For and during
all the residue and Remainder of the Term of Thirty one years in the Indenture of Lease made by the said
Henry D’Esterre and James Madden, John Madden and Daniel Madden mentioned then to come & Unexpended subject
nevertheless to the Payment of the Yearly Rent and to the Performance of the Conditions in said Indenture of Lease
in which said Indented deed of Mortgage is contained a provisoe or Condition of Redemption upon Payment of Eighty
seven Pounds with Interest for the same at the Rate of six Pounds for one hundred Pounds by the Year on the Twenty
seventh day of January next ensuing the date of said Indented deed of Mortgage
Witnesses to the Execution of said Indented deed of Mortgage & this Memorial Respectively are William Hanglin and John Casey both of the City of Cork Gentlemen
Jeremiah O Leary (seal)
Being present at signing & sealing the above memorial John Casey William Hanglin The above named William
Hanglin maketh oath that he was Present and saw the Indented deed of Mortgage whereof the above writing is a
Memorial duly signed sealed and Executed by the said Jeremiah O Leary and that the Name William Hanglin subscribed
as a witness to the Execution of said Indented Deed of Mortgage & Memorial Respectively is this deponents Proper
name and handwriting William Hanglin The above named sworn Before me at Cork this 30th day of January 1796
By Virtue of a Commission forth of his Majestys Court of Exchequer in Ireland by me directed for Taking Affidavits and I know the Deponent. Thomas Foott:
This mortgage agreement, officially called the ‘memorial of an indented deed of mortgage’ spells out the conditions under which Jeremiah O’Leary provided funds with which James, John and Daniel Madden leased a farm at ‘Killingly’, County Cork, from Henry D’Esterre. This farm seems to have been separate from a neighboring farm at Kilnahone, in the same parish. The other farm was probably leased to a Jeremiah Madden, who was perhaps another brother of James, John and Daniel.
The official name of Killingly is ‘Killanully’, but locals generally call it ‘Killingley’ today and so spell it. It was once usually spelled ‘Kilingla’. It is the name both of a ‘townland’ and of the civil parish in which the townlands of Killanully and Kilnahone are located. The civil parish is included in the Catholic parish of Douglas-Ballygarvan. The area is now usually referred to as ‘Ballygarvan’. The Catholic church is at Ballygarvan Village, which consists of a dozen houses, and the graveyard is at Killanully, where the Maddens are buried.
The ‘memorial’ of the this mortgage agreement is found in one of the large volumes kept at the Registry of Deeds, Henrietta Street, Dublin. A ‘memorial’ is a copy of the original document, and such copies often contain errors. In this case, John Madden is once called ‘Jane Madden’, and James is once called ‘James John Madden’. ‘James John’ is probably an indication, however, that James was the son of a John, and that there was another James in the Killanully area.
The three Maddens of the present deed were probably brothers, or one or more may have been an uncle, nephew or cousin of the others. There was probably only one extended Madden family in the area just south of Cork City. These Maddens had been tenants on the Coolmore estate, still the property of the Newenham family. The Newenhams were related to the Hodder and Roberts families, and the Maddens were, at various times, tenants of representatives of the three families of landlords. Henry D’Esterre, who was a lawyer from Limerick, had married into the Roberts family, and, in 1796, he was probably in control of his wife’s inheritance at Killanully.
The name D’Esterre is remembered in Ireland because Daniel O’Connell, the Liberator or Ireland, fought a duel with Norcott D’Esterre, probably a brother of Henry, in 1815. O’Connell’s bullet killed D’Esterre. At that time, duelling had not yet been declared illegal in Ireland, but O’Connell is supposed to have regretted his deed for the rest of his life.
As long as the Penal Laws were still enforced in Ireland, until about 1782, Catholics could not lease land for longer than a term of thirty-one years. The fact that this lease was valid for thirty-one years means that the three Maddens were Catholics; and it likely also means that there had been an earlier lease, from before 1782, on the same property. Thirty-one-year leases would disappear soon after this date.
Jeremiah O’Leary was probably a relative of the Maddens and a Cork City grocer. John Casey and William Hanglin (Hanlon) may also have been relatives.
Irish deeds at this time contained virtually no punctuation. I have inserted commas only to separate the names of the three Maddens. Since the many abbreviations used by lawyers are no longer intelligible, I have spelled out all abbreviations.
[Transcription and notes by Frank Thompson, Jr., 1 January 2006]
Last updated 8 July 2009
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