CORNWALL ONLINE PARISH CLERKS - helping bring the past alive

Return to Lanivet Parish Page

Indenture dated 5 March 1804

THIS INDENTURE Made the Fifth Day of March in this year of our Lord One Thousand and Eight Hundred and four BETWEEN Samuel Kekewich of Peamare House in the County of Devon Esquire of the one part and JOHN GROSE and WALTER GROSE both of the parish of Lanivet in the County of Cornwall Yeomen of the other part WITNESSETH that for and in Consideration of the Sum of Sixty Pounds OF LAWFUL Money of Great Britain unto him the said Samuel Kekewich in hand paid by them The said John Grose and Walter Grose at or before the Sealing and Delivery hereof (His Receipt whereof is hereby acknowledged) He the said Samuel Kekewich HATH demised leased granted and to farm letten And in and by those presents DOTH demise lease grant and to farm let unto them the said John Grose and Walter Grose their Executors Administrators and Assigns ALL that Lower House next adjoining to Lanivet Church Stile with the Garden Orchard and Outhouses thereunto belonging formerly in the possession of Honor Parnall AND ALSO ALL that Meadow lying above a Dwelling House heretofore in the possession of One David Watts deceased The Hill-Field above the said meadow The Two Church-parks The Long-park The Great Gum and Two parts in Three parts divided or to be divided of and in All that field or Close of Land called the Binge AND ALSO One half of a Moiety and of One Twelfth part of the other Moiety of the Herbage and pasture in and throughout a certain Wood called Lanivet Wood for all commonable Cattle at all seasonable Times of the year ALL which said premises are situated lying and being in and about Lanivet Church Town in the parish of Lanivet aforesaid and are computed to be the Moiety on Hasendale of a Messuage and Tenement heretofore in the possession of Thomas Barrows Together also with Commons and Common of pasture and Turbary in and upon the Common within the Manor of Lanivet and Lamorrack And all Ways Watercourses Easements Commodities Advantages and Appertenances to the said hereby demised premises belonging or appertaining All which said premises hereby demised or intended so to be are now in the Tenure Holding or occupation of them the said John Grose and Walter Grose their Assignee or Assign Tenant or Undertenants EXCEPTING and always reserving out of this present Grant and Demise unto the said Samuel Kekewich and his Heirs and Assigns All Timber Trees of what Nature or Kind so ever and all young Saplings likely to become Timber Trees in or upon the said demised premises now growing or hereafter to grow AND also all Mines Metals Minerals Fossils and Quarries of Stone of what Kind so ever now found dug or wrought or hereafter to be found dug or wrought in or upon the said demised premises or any part thereof with full power Liberty and Authority to and for the said Samuel Kekewich his Heirs and Assigns Servants Agents and Workmen to come in and upon the said demised premises or any part thereof to view fell cut down root work up and carry away the said Timber Trees and young Saplings And to dig and search for Mines Metals Minerals Fossils and Quarries of Stone and to remove and carry off the produce thereof with any Manner of Carriages and Conveniencies whatsoever at his and their Will and pleasure TO HAVE AND TO HOLD all and singular the said premises hereby demised or intended so to be with their Appurtenances (Except as before Excepted) unto  them the said John Grose and Walter Grose their Administrators and Assigns for and during this  Term and time of Fourscore and Nineteen Years fully to be complete and ended IF the above named Walter Grose now aged about Twenty five Years shall so long happen to live The said Term to commence and begin immediately from and after the Deaths or Deceases of Richard Thomas of Lanivet aforesaid and Richard Grose (Brother of the said John Grose and Walter Grose ) or other lawful Determination of the Estate and Interest heretofore granted and now in being of and in the said demised premises and not before YIELDING AND PAYING therefore unto the said Samuel Kekewich his Heirs and Assigns (after his Commencement and during the Continuance of the said Term hereby granted) the Sum or Yearly Rent of One pound and One Shilling of lawful Money of Great Britain by even and equal quarterly payments at the four most usual Feasts or Days of payment in the Year (that is to say) the Feasts of the Annunciation of the Blessed Virgin Mary the Nativity of Saint John the Baptist Saint Michael the Archangel And the Birth of Our Lord Christ The first payment whereof to be made and begin on the said Feasts as shall first happen next after the Commencement of the said Term hereby granted and not before AND ALSO then yielding and paying One Hen at the Feast of Michaelmas Yearly during the said Term of Six pence for the same at the Choice or Election of the said Samuel Kekewich his Heirs and Assigns AND ALSO Yielding and paying unto the said Samuel Kekewich his Heirs and Assigns upon and after the Death of the said Walter Grose (he dying after the Commencement of the said Term hereby granted) the Best Beast of them the said John Grose and Walter Grose their Executors Administrators or Assigns or of such person or person who shall for the Time being be Tenant or Occupier Tenants or Occupiers of the said demised premises or any part thereof Or the Sum of Forty Shillings of like lawful Money of Great Britain in lieu thereof at the Choice or Election of the said Samuel Kekowich his Heirs and Assigns for and in the Name of an Herriot or Farlives And ALSO then doing Suit-Service and Attendance unto all the Courts of the said Samuel Kekowich his Heirs and Assigns to be holden and kept for the Manor of Lanivet and Lamorrack as other the Tenants of the said Manor there do or have accustomed to do Or paying Three pence for every Default AND ALSO then Yielding paying doing performing and discharging all other old and accustomed Yearly Rent and Rents payment and payments Suits Offices and Services heretofore due done payable or usually paid by any former Leasehold Tenant or Tenants of the said demised premises for and in respect thereof AND they the said John Grose and Walter Grose for themselves their Executors, Administrators and Assigns do hereby covenant promise and agree to and with the said Samuel Kekowich his Heirs and Assigns that they the said John Grose and Walter Grose their Executors Administrators and Assigns shall and will duly yield pay perform and discharge the Rent Hen Herriot payments Suits Offices and Services Hereinbefore mentioned and required to be paid done and performed AND ALSO shall and will at their own proper Costs and Charges well and sufficiently repair uphold sustain and maintain all and singular the said hereby demised premises with the Appurtenances in all needful and necessary Reparations whatsoever when and so often as Occasion shall require after the Commencement and during the Continuance of the said Term hereby granted And the same so well and sufficiently repaired as aforesaid shall and will peaceably and quietly leave quit and yield up at the End or other sooner Determination of the said Term hereby granted AND IF IT SHALL HAPPEN that the said Yearly Rent of One Pound and One Shilling at the said Hen or Money payable in lien thereof or either of them or any part thereof be behind and unpaid by the Space of Thirty Days next after any or either of the said Feasts or Days of payment whereon the same ought to be paid as aforesaid being first lawfully demanded and then not paid and no sufficient distress in or upon the said demised premises can or may be found had or peaceably taken whereby to levy satisfy pay and discharge the said Rent and Hen so being behind with the former Arrears thereof (if any be) OR if they the said John Grose and Walter Grose their Executors Administrators or Assigns shall commit or do or willingly suffer to be committed or done in or upon the said demised premises any manner of Waste or Spoil to the Value of Forty Shillings or above at any one Time OR shall suffer the same to become ruinous or in Decay the like value or above And shall not amend or otherwise compound and agree for the same within Three Calendar Months next after Notice thereof given to them in Writing or otherwise or after presentment thereof made and Notice given in any Court of the said Manor of Lanivet and Lamorrack THAT THEN and from thenceforth for all or either of the Causes aforesaid it shall or may be lawful to and for the said Samuel Kekewich his Heirs and Assigns into and upon all and singular the said hereby demised 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 first and former Estate THESE PRESENTS or anything herein contained to the contrary thereof in any wise notwithstanding AND the said Samuel Krekewich for himself his Heirs and Assigns doth hereby covenant promise and grant to and with the said John Grose and Walter Grose their Executors Administrators and assigns that they the said John Grose and Walter Grose their Executors Administrators and Assigns shall or lawfully may (after the Commencement and during the Continuance of the said Term hereby granted) peaceably and quietly have hold use occupy possess and enjoy all and singular the said hereby demised premises with the Appurtenances by and under the Rent Hen, Herriot, Covenants Conditions Exceptions Reservations and Agreements hereinbefore mentioned according to the true Intent and Meaning of those presents without the lawful Hindrance Interruption Suit Trouble Claim Denial or Disturbance of or by him the said Samuel Kekewich his Heirs or Assigns or any other person or persons whomsoever lawfully claiming or to claim the same  or any part thereof by from or under him or them or otherwise howsoever or IN WITNESS whereof the parties aforesaid to these presents their Hands and Seals Interchangeably have set the Day and Year first abovewritten -----------------------------------------
 

JOHN GROSE
 

WALTER GROSE
 

 
Transcribed by Kathryn Norman from a document in the Malcolm McCarthy Collection

Return to Lanivet Parish Page