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14 January 1770, Mevagissy

This Indenture made the Fourteenth day of January in the Tenth 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 seventy Between James Laroche the younger of the City of Bristoll Esqr of the one part and Thomas Henna of the Parish of Mevagissey in the County of Cornwall Yeoman of the other part Witnesseth that whereas the Right Honorable John Earl of Radnor by his last Will and settlement amongst other things did Give and Devise and Bequeath unto James Laroche the younger of the city of Bristoll Esqr to Elizabeth and Catherine Laroche his Sisters all his Mannors Messuages Tenements Hereditaments Lordships and Royalties situate and being in the County of Cornwall to them the said James Elizabeth and Catherine Laroche share and share alike Relation thereunto being had it may more large appear and whereas the said Elizabeth Laroche since the said Demise is Espoused to John Tulford of Great Tulford Esqr in the County of Devon and likewise ths said Catherine since the said Demise Espoused to Charles Berners of St James Westminster in the County of Middlesex Esqr 8 They the said John Tulford and Charles Berners by their Letter of Attorney duely Executed bearing date the Eleventh day of August 1762 did thereunto make constitute and appoint the said James Laroche Esqr their Brother their Lawfull Attorney for them and each of them and in their name to sett Lett and Demise all or any part of the said premises by Granting Leases Reversions Deeds for Rack holding and any other Acts as may be needfull upon the said premises Relation thereunto being had it may at Large appear. Now this Indenture Witnesseth that the said James Laroche for and in consideration of the yearly Rent Covenants conditions Reservations and agreements hereinafter Mentioned and Expressed which on the part of the said Thomas Henna his Executors Administrators and Assigns are and ought to be paid and performed fulfilled and kept Hath Granted Demised and Leased and in and by these presents Doth Grant Demise Lease sett Lett and Confirm unto the said Thomas Henna his Executors Administrators and Assigns all that one Messuage and Tenement with the appurtenances commonly called or known by the name of Berupper lying and being in the Parish of Mevagissey and County of Cornwall and now in the Possession of the said Thomas Henna Together with all Ways Waters Watercourses Easements profits commodities and Advantages whatsoever to the said Premises or any part of Parcell thereof belonging or in any wise appertaining Excepting and always Reserving out of this present demise and Grant unto the said James Laroche his Heirs and Assigns all and all manner of Timber Trees and Trees likely to be Timer now standing growing & being or which shall at any time hereinafter grow stand or be in and upon the said premises or any part thereof during the said Term hereby Granted with free liberty of Ingress Egress & Regress to fell cut down root up and carry away the same and also Excepting and Reserving all Tin Toll Tin and Tinworks and all other Mines of Metall in and upon the premises now found or hereafter to be found with Liberty likewise at all times and seasons to dig delve and search for Tin and other Metals and Tin and other Metals there found the same to take Dress work up and carry away at his & their will and pleasure and also Excepting Free Warren unto the said James Laroche his Heirs and Assigns of and for all Hawking Hunting Fishing and Fowling in and upon the said premises or any part thereof with Liberty to and for the said James Laroche and his Heirs with his and their Retinue to Hawk Hunt Fish and Fowel in and upon the said premises at his and their Will and Pleasure To have and to hold all and singular the before Demised Premises with the appurtenances and every part and parcell thereof (Except before Excepted) unto the said Thomas Henna his Executors Administrators and Assigns From Michaelmas last past for and during the Term of Twenty One Years from thence next ensuing and fully to be compleat and Ended The said Thomas Henna his Executors Administrators and Assigns yeilding and paying therefore and every year during the said Term unto the said James Laroche his Heirs and Assigns the sum of Eighteen Pounds of Lawfull Money of Great Britain at the four most usual Feasts or days of payment of Rent in the Year (to witt) The Twenty fifth day of December the Twenty fifth day of March the Twenty fourth day of June and the Twenty Ninth day of September by even and equall portions and the said Thomas Henna for himself his Executors Administrators and Assigns and for every of them Doth Covenant and promise unto and with the said James Laroche his Heirs and Assigns to and with every of them by these presents that he the said Thomas Henna his Heirs Executors and Assigns or some one of them shall & will well and truely pay or cause to be paid unto the said James Laroche his Heirs and Assigns Yearly and every Year during the said Term The sum of Eighteen Pounds of Lawfull Money of Great Britain by even and Equall Quarterly Payments in manner as aforesaid and also shall and will Repair maintain and keep all Hedges Ditches Gates and stiles and Fences belonging to the premises aforesaid at his and their proper cost and charge and at the end of the said term the same so well and sufficiently Repaired shall leave and yield up and also shall pay and discharge the Church and Poor Rates that shall be charged on and payable out of the said premises during the said Term and also shall provide Reed to Thatch the Houses on the said premises for Ten shillings a Hundred and also shall pay satisfie and Discharge the great and small Tythes that shall be due and payable during the Term aforesaid at his and their cost and charge and the said James Laroche for himself his Heirs and Assigns and for every of them doth Covenant and promise unto and with the said Thomas Henna his Executors Administrators and Assigns and to and with every of them by these presents that he the said James Laroche his Heirs and Assigns or some or one of them shall & will at his & their own proper cost and charge well and sufficiently Repair sustain and keep all & singular the Houses Walls & Coverings when and as often as need shall require during the said Term and also shall and will pay satisfie and Discharge the Land Tax and Window Tax that are Issuing and payable or at any time hereafter during the said Term at his and their own proper cost and charge and if it happen that the said Yearly Rent of Eighteen Pounds be behind & unpaid in part or in all by the space of fourteen days next after any of the said Feasts or days aforesaid on which the same ought to be paid as aforesaid being lawfully demanded and not paid and no sufficient Distress within the space of time as aforesaid in or upon the said premises or any part thereof can or may be found whereby the said Rent so behind with the arrearages thereof (if any be) can or may be levied satisfied and paid Or if the said Thomas Henna his Executors Administrators or Assigns or any of them shall do or commit or willingly suffer to be done or commited any act or acts thing or things whatsoever which shall or may be prejudiciall or hurtfull to the Estate of Inheritance of the said James Laroche his Heirs or Assign in the premises That then and from thenceforth for thereof to Re enter and the same to have again Repossess & Enjoy in his & their former Estate these presents or anything herein contained to the contrary in any wise Notwithstanding and the said James Laroche his Heirs and Assigns all and singular the before Demised premises with the appurtenances and every part and parcell thereof (Except before Excepted) unto the said Thomas Henna his Executors Administrators and Assigns in manner and form aforesaid and during the Term aforesaid & by and under the Yearly Rent Reservations Covenants & agreements in and by these presents Mentioned and Expressed as against the high and chief Lord of Lords of the Fee of the premises for all high and Chief Rents suites and services Issuing or going out of the same or any part thereof as also against himself his Heirs and Assigns and all other Persons whatsoever Lawfully Claiming any Right Estate into the said premises by from or under him on them shall and will Warrant aquit and by these presents Defend In Witness whereof the parties aforesaid to these present Indentures their hands and seals Interchangeably have set the day and Year first above written

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