|
|
||||||||||||||||
|
SHILLINGHAM 29 Sept 1789
This Indenture made the twenty ninth day of September in
the twenty ninth year of the reign of our Sovereign Lord
George the Third by the Grace of God of Great Britain
France and Ireland King defender of the faith and so
forth and in the year of our Lord One thousand Seven
hundred and Eighty Nine BETWEEN James Buller of
Shillingham in the County of Cornwall Esquire of the one
part and Robert Flamank of the Borough of Bodmin in the
same County Wool stapler of the other part WINESSETH
that for and in consideration of the sum of Ten Pounds
of lawful money of Great Britain to him the said James
Buller in hand paid by the said Robert Flamank at and
before the sealing and delivery of these presents the
receipt whereof is hereby acknowledged He the said James
Buller HATH granted demised leased Set and to Farm Let
and in and by these presents DOTH grant demise lease set
and to Farm let unto the said Robert Flamank his
executors administrators and assigns ALL the moiety or
Halfendeale of and in a certain dwelling house and
Courtledge thereto belonging situate in the said Borough
of Bodmin theretofore in the possession of William Hodge
deceased and now of him the said Robert Flamank bounded
on the North and east with the lands formerly of William
May on the South with the lands of Trefusis and on the
West with the street called Crockwell Lane together with
all commons easements priviledges and appurtenances to
the same belonging EXCEPTING and always RESERVING out of
this recent grant and demise unto the said James Buller
his heirs and assigns all Tin toll Tin Lead Copper and
Copper Ore and all Miners Metals and Minerals whatsoever
now found digged or wrought or hereafter to be found
digged or wrought in or upon the said premises or any
part or parcel thereof and all timber trees whatsoever
now growing or hereafter to grow in or upon the said
premises or any part or parcel thereof and also all and
every stream and streams of water and watercourses
whatsoever now arising running and flowing in and upon
the said premises or any part or parcel thereof together
with free liberty of ingress egress and regress unto and
for the said James Buller his heirs and assigns or his
or their workmen servants or agents as well to dig delve
work and search for Tin Copper lead and other metals and
minerals and the same there found to break bring to
grass dress and make merchantable and from thence to
take and carry away the same and to erect and make any
engine or engines upon the said premises for the better
discovering or working any such mine or mines as
aforesaid and to cut down and carry away any timber
trees growing or to grow on the said premises at his and
their wills and pleasure and also to divert and turn the
said waters and to dig delve and cut passages for the
same for conveying thereof from place to place in and
upon the said premises or else where when and as often
as they shall think fit and at his and their wills and
pleasure TO HAVE AND TO HOLD all and singular the said
premises hereby granted and demised and every part and
parcel thereof (except before excepted) unto the said
Robert Flamank his heirs and assigns from henceforth for
and during the natural lives of the said Robert Flamank
party hereto aged about twenty two years Samuel his
brother aged about seventeen years and William Phillipps
son of the reverend Nicholas Phillipps of Bodmin
aforesaid Aged about three years and for and during the
natural life of each and every of them longest living
the said Robert Flamank his heirs and assigns YIELDING
AND PAYING therefore yearly and every year during the
said term unto the said James Buller his heirs and
assigns the yearly rent or sum of Two shillings of
lawful money of Great Britain by even and equal
quarterly payments to be divided and paid at the four
most usual feasts or days of payment of rent in the year
(that is to say) the feast of the Birth of our Lord
Christ the annunciation of our blessed Lady the virgin
Mary the nativity of saint John the Baptist and the
feast of Saint Michael the archangel the first payment
thereof to begin and be made on such of the said feast
days as shall first and next happen after the
commencement of the said term and also yielding and
paying the sum of two shillings by and upon the death
and decease of each and every of them the said Robert
Flamank Samuel Flamank and William Phillipps for and in
the name of an herriot or parties REPAIRING also and
well and sufficiently sustaining and maintaining the
said demised premises and every part and parcel thereof
as well in houses walls coverings hedges ditches gates
and fences in all other new full and necessary
reparations whatsoever and the same in the end of the
said term so well and sufficiently repaired shall and
will leave and yield upon AND ALSO doing suit and
service at all and every the Courts of the said James
Buller to be held annually for the lands of Shillingham
and executing the office of Reeve for the said lands
when and as often as shall be required AND IF IT HAPPEN
that the said yearly rent or sum of Two shillings or any
part thereof shall be behind and un paid in part or in
the whole by the space of ten days next after any or
either of the said feasts or days of payment aforesaid
whereon the same ought to be paid being lawfully
demanded and not paid and no sufficient distress during
all that time can or may be had or found in or upon the
said premises whereby the said rent and other the dues
aforesaid with the arrears (if any be) can or may be
fully levied satisfied and paid together with the costs
and charges of levying the same OR do or shall permit or
suffer the said premises or any part thereof to be
ruinous and in decay to the value of forty shillings and
the same do not sufficiently amend and repair with three
months next after notice to him or them given or left at
his or their last habitation or place of abode OR do or
shall wittingly or willingly commit or suffer to cause
to be done committed or suffered any act matter or thing
whatsoever which shall or may be hurtful or prejudicial
to the title or estate of inheritance of him the said
James Buller his heirs and assigns that then and from
thenceforth for all any or either the causes aforesaid
it shall and maybe lawful to and for the said James
Buller his heirs and assigns into and upon the said
premises with the appurtenances or into any part thereof
in the name of the whole to re-enter and the same to
have again repossess and enjoy as in his or their former
right or estate these presents or any thing herein
contained to the contrary thereof in any wise so
withstanding AND the said Robert Flamank doth hereby for
himself his heirs executors and administrators and
assigns covenant promise and agree to and with the said
James Buller his heirs and assigns that he the said
Robert Flamank shall and will well and truly pay or
cause to be paid the above said yearly rent or sum of
Two shillings and other the dues aforesaid in manner and
form aforesaid and also shall and will during the said
term when and as often as need shall require well and
sufficiently repair sustain uphold and keep the said
premises and every part thereof as well in houses walls
coverings hedges ditches gates and fences as in all
other need full and necessary reparations whatsoever and
the same in the end thereof so well and sufficiently
repaired shall and will leave and yield up AND the said
James Buller doth in and by these presents for himself
his heirs executors and administrators covenant promise
and agree to and with the said Robert Flamank his heirs
executors and administrators that it shall and may be
lawful to and for the said Robert Flamank his heirs
executors and administrators and assigns by and under
the due observance payment and performance of the rent
covenants conditions reservations and agreements herein
contained when and as often as the same are and shall
become due and payable quietly and peaceably to have
hold or occupy possess and enjoy the said demised
premises and every part and parcel thereof without the
lawful let suit trouble interruption hindrance claim or
denial whatsoever of him the said James Buller or any
other person or persons whatsoever lawfully claiming or
to claim the same or any part thereof by from or under
him or them or any or either of them AND the said James
Buller hath made constituted and appointed and in and by
these presents doth make constitute and appoint Francis
Paynter of Trekenning in the said County of Cornwall
Gentleman and James Tresise of the parish of Saint
Columb Major in the same county his true and lawful
attornies Jointly and severally for him and in his name
to enter into and upon all and singular the before
devised premises or into some part thereof in the name
of the whole to take and after such possession and
seizing thereof so had and taken the like peaceable
possession and seizing thereof or some part thereof in
the name of the whole to deliver over unto the said
Robert Flamank or his certain attorney or attornies in
that behalf to be by the said Robert Flamank lawfully
authorized to hold to him his heirs and assigns
according to the purpose true intent and meaning of
these presents hereby ratifying and allowing all and
whatsoever his said attornies or either of them shall do
in and about the said premises by virtue of these
presents IN WITNESS whereof the parties aforesaid to
these presents their hands and seals have set the day
and year first above written |
||||||||||||||||
|
|