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Indenture 29 September 1828, Edyvean - Varcoe
 

This Indenture made twenty ninth day of September in the year of our Lord one thousand Eight hundred and Twenty Eight Between Robert Bradlick Edyvean of the Borough of Bodmin in the County of Cornwall Esquire of the one part and William Varcoe of the Parish of Saint Dennis in the said County shopkeeper of the other part Witnesseth that for and in consideration of the yearly rent hereafter reserved and covenants and agreements And performed He the said eldest Hereinafter contained on the part of the said William Varcoe his Executors Administrators and assigns to be respectively paid observed And performed He the said Robert Bradlick Edyvean Hath granted demised and leased and by these presents Doth grant demise and lease unto the said William Varcoe his Executors administrators And assigns All those parts of certain Fields or closes of Land called or known by the several and respective names of the Higher Broomy Field and Beake belonging to a tenement called Domeliock late in the Possession of Abraham Grigg and now of Robert Grigg situate on the South side thereof as the same marked out containing by admeasurement two acres one Rood and twenty six perches of land (Customary Measure) be the same more or less And also all that piece or parcel of unenclosed land thereunto adjoining containing one acre one rood and seven perches of land (Customary Measure) be the same more or less all which said premises are situate and being in the said Parish of Saint Dennis and are bounded on the North and west by the Lands of the said Robert Bradlick Edyvean on the South by Lands of the Earl of Falmouth and on the East by a Road leading from Trelever to Saint Columb Together with the Commonable Rights belonging to the said Premises upon the Goss Moor Excepting and always reserving out of this present grant and demise unto the said Robert Bradlick Edyvean his Heirs and assigns and to such other person or persons as shall hereafter for the time being be entitled to the freehold and Inheritance of the said premises All timber and other Tree and Trees and saplings and all scions likely to make Timber or other trees of whatsoever kind or nature All Tin Tin Stuff Copper Lead and all other ores Mines Metals and Minerals and also Quarries of Stone Clay and Marl now or hereafter to be found in or upon the said Premises with liberty to be cut down root up and carry away such Trees and Saplings and to search for dig and work such Mines and Quarries and the Ore Metal and Stone Clay and Marl there found to raise cleanse dress and make Merchantable on the Premises and the same and practice being thence to take and carry away And also liberty to sink any Pits or Shafts and to make any adit or adits and to erect any Houses and to erect any Houses and Buildings and any Engines and Machines for the working carrying on or draining of any Mines or Quarries And also Excepting all waters and watercourses with full liberty to turn divert and use the same and to make any new undercourses or watercourses for any purpose or purposes whatsoever And Also Excepting liberty to and for the said Robert Bradick Edyvean his Heirs and assigns and such other person of persons as aforesaid and his her and Servants agents and followers to hunt fish and fowl their in and over the said demised Premises or any part thereof and to view and inspect into the same and the decays defects and repairs thereof at his and their call and Pleasure And also Excepting all Royalties whatsoever And also Excepting a Road through the said open and uninclosed Ground from Carsela to saint Columb To have and to hold all and singular the said Premises hereby demised (Except before Excepted) unto the said William Varcoe his Executors Administrators and assigns from the day of the date hereof for and during and unto the full end and term of Ninety nine years If the said William Varcoe now aged twenty eight years or thereabout Thomas Varcoe his son now aged three and a half years or thereabout and Robert Varcoe Grigg son of William Grigg of the said Parish of Saint Dennis Laborer now aged four years and half or thereabout or any or either of them shall so long happen to live Yielding and Paying yearly and every year during the said Term unto the said Robert Bradlick Edyvean his Heirs and assigns and such other person or persons as aforesaid for and in respect of the rent of the part of all said fields and closes called the Higher Broomy field and Beake hereby or intended to be hereby demised the yearly Rent or Sum of Three Pounds five shillings and seven pence of lawful money current in England And for and in respect of the said open and uninclosed Land hereby or intended to be hereby demised the Yearly Rent or sum of five shillings and two pence of the lawful money as aforesaid the residue to be respectively paid clear of the Land Tax and all deductions and outgoings whatsoever by equal quarterly payments on the four most usual feast or days of payment of Rent in the Year (That is to say) the twenty fourth day of June the twenty ninth day of September the twenty fifth day of December and the twenty fifth day of March by even and equal quarterly portions be paid the first payment of Rent in the year on the twenty fourth day of June next issuing the said hereby hereof And the said William Varcoe doth hereby for himself his Executors Administrators and assigns covenant promise and agree with and to the said Robert Bradlick Edyvean his Heirs and assigns in manner following (that is to say) that he the said William Varcoe his Executors administrators and assigns shall and will pay or cause to be paid unto the said Robert Bradlick Edyvean his Heirs and assigns the main several yearly Rents hereinbefore reserved in the proportions manner and form aforesaid And also will and duly pay satisfy and discharge all and all manner Rates Lands duties assessments and Impositions whatsoever whether Parliamentary Parochial or otherwise which shall or may at any time or times hereafter during the continuance of the said Term be assessed or imposed upon or payable in respect of the said demised Premises or any part thereof And Also that to the said William Varcoe his Executors Administrators or assigns shall and will before Lady-day next ensuing the date hereof at his and their own proper costs charges and Expense erect Build and completely finish or cause to be erected built and completely finished fit for habitation a good and substantial Dwelling House in front of the said Road leading from Trelever to Saint Columb on part of Higher Broomy field hereby demised of at least twenty six feet in length and sixteen feet in Breadth the walls whereof shall be of stone and good lime and Earth Mortar with good Stone and Brick arches or Heart of oak Lintels over the Outer Doors and Windows and covering of the Roof of good Slate and to contain at least four Rooms (that is to say two Rooms on the Ground Floor and two over the same) and all Timber Scantlings to be of good Foreign fir and proper dimensions and all the Rooms to be properly plaistered and finished in good tradesmanlike manner And also shall and will enclose all Land or ground hereby demised and divided the same into proper and convenient fields and closures by and with good and substantial Stone walls or fences before the twenty nineth day of September which shall be in the year of our Lord One Thousand Eight hundred and twenty nine And also shall and will from time to time and at all times for and during the said continuance of the said Term hereby demised at his and their costs and charges as often as need be or required will and substantially repair and keep in good repair the said Dwelling so to be erected as aforesaid and all additions Houses Erections and Buildings that during and made on the said demised Premises as well in wall coverings timbers plaisterings hedges gates and fences and in all other needful and necessary reparations whatsoever during the said Term and in the end or other sooner determination thereof the same and every part thereof in good and complete repair order and condition shall and will leave and yield up And also shall and will from time to time properly Manned managed Cultivate and Improve the said Demised Lands and the soil thereof and grub and destroy all Furzes and noxias weeds growing thereon at such times and sections as well as prevent there seeding and increasing in future and in all respects keep the said premises in clean and good husband like state and condition during the said Term And also shall and will make and renew as often as there shall be occasion good underdrains and ditches on such part of the said demised Premises as is or shall be wet or spraigy so as effectually to drain the same And also shall not nor will carry or suffer to be carried off from the said demised Premises any straw or corn in the straw muck dung Soil compost or Manure of any kind And shall and will within six calendar months next after Notice to him given or left on some conspicuous part of the said Premises produce and shew forth unto the said Robert Bradlick Edyvean his Heirs assigns or such other person or persons as aforesaid the said several lives as above named or any such of them as by such Notice shall be required or otherwise made it appear to him or them within the time aforesaid of the said Lives be within the United Kingdom of Great Britain and Ireland or either of them happen to be in foreign parts by good and sufficient certificates that the said lives or either and which of them living Provided always and upon condition Nevertheless that if the Said several Yearly Rents above mentioned shall be behind and unpaid for the space of thirty days next after any or either of the days of payment aforesaid whereon the same ought and is hereby limited to be paid as aforesaid being lawfully demanded and no sufficient distress or distresses in or upon the said Premises in the mean time can or may be had for recovery of the same together with the arrears thereof (if any) Or if the said demised Premises or any part thereof be ruinous or in decay to the value of twenty shillings or above and the same shall not be well and sufficiently repaired and amended within Six Calendar months next after every notice by or from the said Robert Bradlick Edyvean his Heirs or assigns or such other person or persons as aforesaid given to him the said William Varcoe his Executors administrators or assigns or left upon some conspicuous part of the said Premises for that purpose Or if the said William Varcoe his Executors administrators or assigns shall not in all things observe and not agreeable to the Exceptions and clauses and do perform and execute all and every of the covenants and agreements herein contained on his and their part and parts respectively to be done observed and performed That then and from thenceforth for all any or either of the caused aforesaid it shall and may be lawful to and for the said Robert Bradlick Edyvean his Heirs and assigns or such other person or persons as aforesaid into and upon the said demised premises or into any part thereof in the name of the whole to re-voke and the same to have again repossess and Enjoy as is his or their former Estates any thing herein contained to the contrary thereof in anywise notwithstanding In witness whereof the parties aforesaid to these presents their hands and seals Interchangeably have set the day and year first above written

(Signed) William Varcoe

 

(Reverse)
Signed sealed and delivered in the presence of G H Bellringer

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Transcribed by Jessie Evans from a document in the Malcolm McCarthy Collection.