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THIS INDENTURE TRIPARTITE made the
fourth day of November in the 14th year of the reign of
Our Lord George the third by the grace of Great Britain
France and Ireland King Defender of the Faith and so
forth and in the Year of Our Lord 1773 BETWEEN Walter
Bear of the Parish of Saint Kew in the County of
Cornwall Blacksmith of the first part Thomas Truscott
the Elder of the parish of Saint Stephens in Brannell in
the County of Cornwall Blacksmith of the second part and
Humphrey Prideaux of Place in the said County Esquire of
the third part WHEREAS in and by one Indenture
Tripartite bearing date the 11th day of September in the
Year of Our Lord 1773 mentioned to be made or mentioned
to be made BETWEEN the said Thomas Truscott the Elder of
the Parish of Saint Stephens Blacksmith of the first
part Thomas Truscott the Younger of the said Parish of
Saint Stephens in Brannell Blacksmith of the second part
and the above named Walter Bear of the parish of Saint
Kew in the said County Blacksmith It is recited THAT
WHEREAS the Honourable Thomas Pitt of Boconnack in the
County of Cornwall Esquire and Robert Andrews of the
parish of Saint George Hanover Square in the County of
Middlesex Esquire in and by their Indenture of Lease by
them duly executed bearing date the 16th day of November
1756 for the consideration therein expressed DID grant
demise lease to farm let to the said Thomas Truscott the
Elder ALL those water grist mills commonly called or
known by the name of Court Mills and all the land and
ground moores and little meadows thereunto belonging or
with the same theretofore ? and enjoyed Together with
all ways paths waters watercourses Leats By-leats Pools
Wares Headwares Easements Emoluments Profits Commodities
Advantages and Appurtenances whatsoever to the same
belonging or in any wise appertaining all which said
premises were there to fore in the possession of one
Andrew Elvans his tenant or tenants but where then in
the possession of the said Thomas Truscott the Elder and
situate lying and being in the Parish of Saint Stephens
and where part and parcel of the Manor of Brannell
(except as in the said Lease is accepted) TO HOLD all
and singular the said demised premises with the
appurtenances unto the said Thomas Truscott the Elder
for and during the full time and term of fourscore and
nineteen years fully to be complete and ended if John
Truscott son of the said Thomas Truscott the party and
Thomas Bear son of Walter Bear party hereto or either of
them should so long happen to live The said Term to
commence and begin immediately upon and after the death
of one John Elvans then aged 50 years (since deceased)
under the yearly rent of £1 5 0 of lawful money of Great
Britain payable quarterly during the said term after the
commencement thereof and forty shillings for and in the
name of a Herriot or fairlief by and upon the deaths of
the said John Truscott and Thomas Bear they dying after
the commencement of the said Term and in order as they
stand mentioned but not otherwise and under divers other
covenants conditions and agreements in the said Lease
contained and it is therein further recited THAT WHEREAS
in and by a certain Deed Indenture duly executed bearing
date the 22nd day of December 1757 and made or mentioned
to be made between the said Thomas Truscott the Elder of
the one part and the said Thomas Truscott the Younger
and the said Walter Bear (party thereto) of the other
part (after reciting amongst other Recitals as therein
before recited) He the said Thomas Truscott the Elder
for the consideration of the sum of £215 of lawful money
to him then paid by the said Thomas Truscott the Younger
and Walter Bear DID grant bargain sell assign transfer
and set over unto the said Thomas Truscott the Younger
and Walter Bear their Heir Executors Administrators and
Assigns ALL those the aforesaid Water grist mills and
premises therein before particularly mentioned and in
and by the said therein recited Deed indented Granted
and Demised or intended so to be and every part and
parcel thereof with the appurtenances Together with all
Houses Outhouses Edifices Buildings Waters Watercourses
Leats By-leats Pools Ponds Ways Paths Easements Profits
Commodities Advantages and Appurtenances whatsoever to
the said Premises or any part and parcel thereof
belonging incident or in anywise appertaining TO HOLD
all and singular the said grist mills and premises with
their and every of their appurtenances thereby bargained
sold and assigned or intended so to be to the said
Thomas Truscott the Younger and Walter Bear their Heir
Executors Administrators and Assigns from the date
thereof for and during all the then rest residue and
remainder of the recited term of fourscore and nineteen
years therein then to come and unexpired If the lives of
the said Indenture of Lease thereof named or either of
them should so long live under the rent covenants
conditions and exceptions and agreements in the said
therein recited Indenture of Lease contained and on the
part and behalf of the said Thomas Truscott the Elder
his Heir Executors Administrators and Assigns to be
yielded paid done observed and performed and under
diverse covenants conditions and agreements in the said
recited Deed Indented contained as in and by the said
recited Lease and Deed Indented relation to them being
respectively had would more fully and at large appear
AND THAT WHEREAS the said sum of £215 was at the time of
the receipted deed indented advanced paid by the said
Thomas Truscott the Younger and Walter Bear to the said
Thomas Truscott the Elder in equal Moietys but that the
said Walter bear had since paid and satisfied unto the
said Thomas Truscott the Younger his half of the money
so advanced as aforesaid and all interest due for the
same so that the whole of the said principal sum of £215
and interest was then become the property of the said
Walter Bear touching and concerning the said principal
sum of £215 and its interest and other monies lent and
advanced by the said Walter Bear to the said Thomas
Truscott the Elder there appeared to be justly due and
owing to the said Walter Bear after allowance made of
all sums paid to him by the said Thomas Truscott the
Elder or in anywise due from the said Walter Bear to the
said Thomas Truscott the Elder the full sum of £321 17 5
which he the said Thomas Truscott the Elder did thereby
acknowledge and confess THE SAID INDENTURE TRIPARTITE of
the 11th of September in the year of Our Lord 1773 DID
WITNESS that the said Thomas Truscott the Elder as well
for and in consideration of the sum of £321 17 5 as
aforesaid and owing from him to the said Walter bear as
in consideration of the further sum of £1 17 7 of like
lawful money to him then in hand paid by the said Walter
Bear at and by force of the sealing and delivery of the
said Tripartite Indenture the receipt whereof he the
said Thomas Truscott the Elder did thereby acknowledge
and thereof and every part and parcel thereof did
thereby release acquit and discharge the said Walter
bear his Heir Executors Administrators and Assigns and
every of them DID grant bargain sell assign transfer and
set over unto the said Walter Bear his Heir Executors
Administrators and Assigns AND the said Thomas Truscott
the Younger as well for an in consideration that the
said Walter Bear had as aforesaid paid and satisfied
unto and to the said Thomas Truscott the Younger all
such sume and sumes of money as were advanced and paid
by him to the said Thomas Truscott the Elder in
consideration money of the said recited deed indented as
and for and in consideration of the further sum of 5/-
of like lawful money to him the said Thomas Truscott the
Younger then in hand paid by the said Walter Bear the
receipt whereof was hereby acknowledged He the said
Thomas Truscott the Younger DID thereby assign transfer
and set over unto the said Walter Bear his Heir
Executors Administrators and Assigns ALL and singular
the said Grist mill Tenement and Premises Granted and
Demised by the said recited Indenture of Lease and every
part and parcel thereof with the appurtenances (except
as in the said Lease excepted) and all the Estate Right
Title term of years Residue and Remainder of years
Benefit Equity and Right of Redemption Property claim
and demand whatsoever in Law and Equity or otherwise
howsoever of them the said Thomas Truscott the Elder and
Thomas Truscott the Younger or either of them of in or
to the same Together with the said Lease and all benefit
and advantage thereof TO HOLD all and singular the said
Grist Mill and Premises thereby Assigned or intended to
be thereby assigned and every part and parcel there with
the appurtenances (except as therein was accepted) to
the said Walter Bear his Heir Executors Administrators
and Assigns from the day of the date thereof for and
during all the residue and remainder of the said term
granted by the said therein recited Lease therein then
to come and expired If the said John Truscott and Thomas
Bear the lives therein named or either of them should so
long happen to live subject nevertheless to the payment
observance and performance of the rent of th rent
Reservations Herriotts Covenants Conditions and
Agreements in the said Lease mentioned reserved and
contained and from thenceforth to be yielded paid done
and observed for under in respect of the said premises
AND under and subject to a Proviso for the redemption of
the same by the said Thomas Truscott the Elder his
payment of the full sum of £323 15 0 of lawful money of
Great Britain with lawful interest for the same unto
Walter Bear his Heir Executors Administrators or Assigns
on the 11th day of March next ensuing the date of the
above in part recited Tripartate Indenture of the 11th
day of September last past as in and by the said
Tripartate indenture relation to the same being had will
more fully and at large appair AND WHEREAS the said
Walter Bear having occasion to borrow and take up
interest the sume of £150 until the money due on the
aforesaid Mortgage shall become payable hath by and with
the consent and approbation of the said Thomas Truscott
the Elder applied to the said Humphrey Prideaux to
advance and lend the same to him the said Walter Bear on
his Bond and on the credit and further security of the
said Mortgaged premises with which the said Humphrey
Prideaux hath complied NOW THIS INDENTURE WITNESSETH
that the said Walter Bear for and in consideration of
the sum of £150 of good and lawful money of Great
Britain to him in hand paid by the said Humphrey
Prideaux at and before the sealing and delivery of these
presents the receipt and payment whereof he the said
Walter Bear doth here4by acknowledge and thereof and
from every part and parcel thereof doth release acquit
and discharge the said Humphrey Prideaux his Heir
Executors Administrators and Assigns for ever by these
presents HE the said Walter Bear HATH by and with the
consent approbation and appointment of the said Thomas
Truscott testified by his being made3 a party to and
signing and sealing of these presents granted bargained
and sold assigned transferred and set over And in and by
these presents DOTH grant bargain transfer and set over
unto the said Humphrey Prideaux his Heir Executors
Administrators and Assigns and the said Thomas Truscott
the Elder as well for the consideration aforesaid as for
and in consideration of the sume of 5/- of lawful money
of Great Britain to him in hand paid by the said
Humphrey Prideaux and before the execution of these
presents the receipt and payment whereof he the said
Thomas Truscott the Elder doth hereby acknowledge HATH
released ratified and confirmed and in and by these
presents DOTH release ratify and confirm unto the said
Humphrey Prideaux his Heir Executors Administrators and
Assigns ALL the above mentioned demised Water grist
Mills commonly called or known by the names of Court
Mills and all the Lands Ground Moores and Little Meadows
thereunto belonging or with the same here after to hold
and enjoy together with all the Waters Water courses
Leats By-leats Pools Wares Headwares Easements
Emoluments Profits Commodities Advantages and
Appurtenances whatsoever to the same belonging or
anywise appertaining All which said premises were
theretofore in the possession of one Andrew Elvans his
tenants or undertenants and now in the occupation of the
said Walter Bearand the said Thomas Truscott the Elder
or one of them their or one of their tenant or tenants
and are situate lying and being in the aforesaid Parish
of Saint Stephens and are part or parcel of the Manor of
Brannell All the Estae Right Title Interest Term and
Terms use possession equity of the redemption Property
Claim and Demand both at Law and Equity of them the said
Walter Bear and Thomas Truscott the Elder and unto the
said above mentioned to be Granted and hereby assigned
Premises with the Appurtenances together with the above
in part recited Original Indenture of Lease thereof and
the several mean Assignments of the same TO HAVE AND TO
HOLD all and singular the said demised and hereby
assigned Premises with the appurtenances unto the said
Humphrey Prideaux his Heir Executors Administrators and
Assigns for and during the rest residue and remainder of
the above mentioned to be granted term of fourscore and
nineteen years now therein to come and unexpired under
and subject to the rents payments reservations and
agreements in the Original Indenture of Lease of the
said Premises contained and which from henceforth for
and during the rest residue and remainder of the said
granted term shall grow due payable and to be performed
for and in respect of the same AND WHEREAS the said
Thomas Truscott the elder for the better securing the
payment of the aforesaid sume of £323 15 0 with lawful
interest for the same due from him unto the said Walter
Bear did by his Bond or Obligation bearing the date the
aforesaid 11th day of September in the 13th year of his
present Majesty bind himself his heirs executors and
administrators in the penal sume of £647 10 0 for the
payment of the aforesaid sum of £323 15 0 of Lawful
money of Great Britain without lawful interest for the
same on the Day in the Condition of the said Bond or
Obligation relation to the same being had may more fully
appear NOW THIS INDENTURE FURTHER WITNESSETH that for
the consideration aforesaid and for the better securing
the repayment of the aforesaid sume of £150 and as
aforesaid from the said Walter Bear to the said Humphrey
Prideaux with lawful interest for the same on the day in
the proviso hereinafter mentioned He the said Walter
Bear HATH assigned transferred and set over and in and
by these presents DOTH assign transfer and set over unto
the said Humphrey Prideaux his Heir Executors
Administrators and Assigns the said Bond and Obligation
and the monies due and to grow due thereon and all the
Right Title Interest Proprety Claim and Demand
whatsoever of him the said Walter Bear of and in the
said Bond and Obligation and the monies due on the same
To have and to hold the said Bond and Obligation and the
monies due and to grow due on the same to the said
Humphrey Prideaux his Heir Executors Administrators and
Assigns forever AND the said Walter Bear doth hereby
make ordain constitute and appoint the said Humphrey
Prideaux his Heir Executors Administrators and Assigns
his true and lawful attorney in the his name place and
stead to ask demand sue for and receive of and from the
said Thomas Truscott the Elder his Heir Executors
Administrators or Assigns to and upon his own proper use
all and every the sume and sumes of money due to or to
become due and payable on the said Bond and Obligation
and to do or cause to be done all and every act and acts
thing and things for or in Relation to the recovery or
discharge of the said Bond and money as he the said
Walter Bear might or could do or cause to be done
PROVIDED always be done and every act and acts thing and
things for or in relation to the recovery or discharge
of the said Bond and money as he the said Walter Bear
and Thomas Truscott the Elder or either of them their or
either of their Heirs nevertheless and it hereby
declared to be the true intent and meaning of these
presents and of the parties to the same that if the said
Walter Bear and Thomas Truscott the Elder either of them
their or either of their Heir Executors Administrators
or Assigns do and shall well and truly pay or cause to
be paid unto the said Humphrey Prideaux his Heir
Executors Administrators or Assigns the full sume of
£150 of lawful money of Great Britain with lawful
interest for the same at or on the 11th day of March
next ensuing the day of the date of these presents
without fraud or abatement for rates rents taxes or any
other reprisals or outgoings whatsoever that then and
from thence forth these presents and every clause grant
and covenant therein contained and also one Bond or
writing obligatory bearing every date herewith entered
into by the said Walter Bear unto the said Humphrey
Prideaux in the penal sume of £300 conditioned for the
payment of the said sume of £150 of lawful money of
Great Britain with lawful interest for the same at or
upon the said 11th day of March next shall cease shall
cease determine and become utterly void to all intents
constructions and purposes whatsoever anything herein or
in the said last mentioned Bond contained to the
contrary thereof in anywise notwithstanding AND the said
Walter Bear doth hereby covenant and agree to and with
the said Thomas Truscott the Elder that in case the said
Thomas Truscott the Elder his Heir Executors
Administrators or Assigns shall pay unto the said
Humphrey Prideaux his Heir Executors Administrators or
Assigns any sume or sumes of money or in discharge of
the debt due from the said Walter Bear to the said
Humphrey Prideaux the same shall be looked upon and
accounted to be discharged of so much of the aforesaid
debt due from him the said Thomas Truscott the Elder to
the said Walter Bear and shall be deducted out of the
same accordingly AND the said Walter Bear and Thomas
Truscott the Elder do and each of them doth jointly and
severally for themselves their Heir Executors
Administrators and Assigns covenant promise and agree to
and with the said Humphrey Prideaux his Heir Executors
Administrators and Assigns by these presents in manner
and form following (that is to say) that they the said
Walter Bear and Thomas Truscott or one of them their or
one of their Heir Executors Administrators or Assigns
shall and will well and truly pay or cause to be paid
unto the said Humphrey Prideaux his Heir Executors
Administrators or Assigns the aforesaid sume of £150 of
lawful money of Great Britain with lawful interest for
the same at or on the aforesaid 11th day of March next
ensuing the day of the date of these presents without
fraud or abatement for rates taxes rents or any other
reprisals or outgoings whatsoever AND that the above
part recited Indenture of Lease of the said above
mentioned to be granted mortgaged and hereby assigned
Premises is a good and valid deed in the Law of and for
the Premises Term and Estate therein and thereby
demanded and granted and now is in full force AND that
they the said Walter Bear and Thomas Truscott the Elder
now have or one of them hath good right and full power
and lawful and absolute authority by these presents to
grant bargain sell and assign all and singular the above
mentioned to be granted and hereby assigned premises
with the appurtenances unto the said Humphrey Prideaux
his Heir Executors Administrators and Assigns and
lawfully from time to time and at all times hereafter
during the rest residue and remainder of the aforesaid
term and estate in the said premises and now to come and
unexpired peaceably and quietly have hold use occupy and
enjoy all and singular the Premises above mentioned to
be granted and hereby assigned with the appurtenances
without the lawful let suit trouble molestation or
denial of them the said Walter Bear and Thomas Truscott
the Elder or either of them their or either of their
Executors or Administrators or by any other person or
persons whatsoever claiming or to claim the same or any
part thereof by from or under them or either of them
their or either of their titles and that free and clear
and freely and clearly acquitted exonerated and
discharged or otherwise by them the said Walter Bear and
Thomas Truscott the Elder their Executors and
Administrators well and sufficiently saved kept harmless
and Indemnified of from and against all and all manner
of former and other gifts grants bargains sales
assignments surrenders forfeitures rents arrears of rent
and of from and against all other estates titles charges
and incumbrances whatsoever had made done committed or
suffered by them the said Walter Bear and Thomas
Truscott the Elder or either of them or by their or
either of their Acts Deeds or pronouncements the Rent
Payments Covenants and Agreements in the original lease
of the said premises contained and which from henceforth
during the remainder of the said term shall grow due and
be performed by the Lesee tenant of the same only
accepted and foreprized IN WITNESS whereof the parties
aforesaid to these present Indentures their hands and
seals interchangeably have put dated the day and year
first above written
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