Return to Warleggan Parish Page
St Cleer Parish Page

Indenture concerning Property in Warleggan, 25 March 1818

(On this page are 2 stamps with the coat of arms of GR (George Rex))

(page 1)
 
This Indenture made the twenty fifth day of March in the year of our Lord one thousand eight hundred and eighteen between William Hony of the parish of Saint Cleer in the County of Cornwall yeoman of the first part Henry Pearce of the parish of Warleggan in the said County victualler of the second part and Charles Coode of the Borough of Bodmin in the said County gentleman of the third part Whereas the said Henry Pearce hath contracted and agreed with the said William Hony for the absolute purchase of the fee Simple and inheritance of and in the Dwellinghouse, Stable, Blacksmiths Shop, Curtilage fields and hereditaments hereinafter mentioned and described and intended to be hereby granted and released with the appurtenances at or for the price or sum of three hundred and ten pounds free from all incumbrances (except the terms hereinafter mentioned) Now this Indenture Witnesseth that in pursuance of the said Agreement and for and in consideration of the sum of three hundred and ten pounds of lawful current money of Great Britain to the said William Hony in hand well and truly paid by the said Henry Pearce at or before the sealing and delivery of these presents the receipt whereof as the said William Hony doth hereby acknowledge and that the same is in full of the consideration money for the absolute purchase of the fee Simple and inheritance of and in the Dwellinghouse Stable Blacksmiths Shop curtilage fields hereditaments hereinafter mentioned and described and intended to be hereby granted and released with the appurtenances and of and from the same sum of money and every part thereof and all claims and demands in respect thereof doth acquit release exonorate and forever discharge the said Henry Pearce his heirs appointees Executors Administrators and assigns by those presents He the said William Hony Hath granted bargained sold allowed released and confirmed and by these present Doth grant bargains allow release and confirm unto the said Henry Pearce in as much possession now being by virtue of a bargain and sell to him thereof made in consideration of five shillings by the said Henry Pearce by Indenture bearing date the day next before the day of the date of these presents for the term of one whole year recuring from the day next before the day of the date of the said Indenture of bargain and sale and by force of the Statute made for transferring use into possession / and to his heirs All that one Dwellinghouse Stable and Blacksmiths Shop Skittle Alley and waste piece of ground opposite the new dwellinghouse built by the said Henry Pearce and also all those two fields or closes of land commonly called the three cornered field and little meadow now in the tenure or occupation of the said Henry Pearce as tenant at the yearly rent of eight pounds whose term therein will expire the twenty fifth day of March one thousand eight hundred and nineteen and also one field or close of land commonly called the Shopfield now in the occupation of Thomas Coot as tenant thereof whose term therein will expire the twenty fifth day of March one thousand eight hundred and nineteen all which said premises are parts and parcels of a certain tenement called or commonly known by the name of Bosenell and are situate lying and being in the parish of Warleggan in the said County of Cornwall together with all Houses Outhouses Edifices Buildings Stables Gardens Lands Meadows pastures feedings closes pieces and parcels of land ways paths waters watercourses profits privileges advantages amoluments hereditaments and appertuances whatsoever to the said messuage hereditaments and premises belonging or appertaining or to or with the same now used sold leased occupied or enjoyed or accepted reputed deemed taken or known as part parcel or number thereof or of any part thereof and the Estate Right Title Interest Inheritance use trust property claim and demand whatsoever in Law or Equity of him the said William Hony of into or out of the same hereditaments and premises and every part thereof together with fair and attested copies of all Deeds Evidences and writings whatsoever relating to or concerning the same hereditaments and premises which are now in the custody or power of the said William Hony or which he can come by or procure without suit at Law or Equity such copies to be made and taken by and at the expense of the said Henry Pearce his heirs appointees assigns To have and to hold the said messuage or dwellinghouse fields hereditaments and all and singular other the premises hereby granted and released or intended so to be with the appurtenances unto the said Henry Pearce and his heirs To the uses hereinafter limited expressed and declared of and concerning the same and it is hereby directed limited declared and agreed by and between all and every the said parties hereto and particularly by the said Henry Pearce that the release or other assurance hereby made shall immediately after the execution of these presents operate and enure To such uses upon and for such trusts intents and purposes and with under and subject to such powers provisios declarations and agreements as the said Henry Pearce by any good or goods instrument or instruments in writing with or without power of revocation to be by him signed and delivered in the presence of and attested by one or more credible witness or witnesses shall from time to time direct or appoint and in default of and in the meantime until such direction limitation or appointment and so far as the same shall not extend and in the meantime subject thereto To the use of the said Henry Pearce and his assigns during his life without impeachment of or for any manner of ? after the determination of that Estate in his lifetime and in the meantime subject thereto to the use of the said Charles Coode his heirs and assigns during the life of the said Henry Pearce In trust for the said Henry Pearce and his assigns and to prevent the present or any future wife of the said Henry Pearce from being entitled to dower in or out of the same hereditaments and premises or any part thereof and immediately from and after the determination of the Estate limited in use to the said Charles Coode and his heirs and assigns for the life of the said Henry Pearce as aforesaid then to the use of the said Henry Pearce his heirs and assigns forever And the said William Hony for himself his heirs Executors and administrators doth covenant promise and grant to and with the said Henry Pearce his heirs appointees and assigns by these presents in manner following that is to say / that ... the said William Hony was is and standeth lawfully and absolutely seized of a good sure absolute and indefeasible Estate of inheritance in fee Simple of and in the said hereditaments and premises hereby granted and released or expressed or intended so to be without any condition use trust power of revocation limitation or any other matter restraint or thing which may alter change revoke make void lessen incumber or determine the same (Subject to the terms hereinbefore mentioned / And that for and notwithstanding any such act deed matter or thing as aforesaid ... said William Hony now hath in himself good right full power and lawful and absolute authority to grant bargain sell release and confirm the said messuage fields hereditaments and premises hereinbefore granted and released or expressed and intended so to be with the appurtenances to the uses hereinbefore expressed or declared of or concerning the same in manner aforesaid and according to the true intent and meaning of these presents And that the said messuage hereditaments and premises hereinbefore granted and released or expressed and intended so to be with the appurtenances shall and may from time to time and at all times hereafter go and remain to the uses hereinbefore expressed or declared of and concerning the same and be peaceably and quietly entered into and upon gold used occupied possessed and enjoyed and the rents issues and profits thereof and of every part thereof had received and taken accordingly without the lawful let suit trouble denial eviction interruption claim demand
 
(page 2)
 
WHATSOEVER by him the said William Hony or his heirs or of or by any other person or persons lawfully or equitably claiming or so claim by from or under or in trust for him them or any of them or by from under or in trust for Nicholas Hawke late of the said parish of St Cleer yeoman deceased And free and clear and freely and clearly and absolutely acquitted of exonerated released and discharged or otherwise by the said William Hony his heirs Executors or Administrators well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales leases mortgages jointures dowers right and title of dower uses trusts intails wills statutes recognizances judgements executions rents arrears of rent annuities legacies sums of money yearly payments forfeitures ? cause of causes of forfeiture and (re-entry?) debts of ? debts due to the Kings Majesty and of from and against all other Estates titles troubles charges debts and incumbrances whatsoever had made done suffered or occasioned or hereinafter to be had made done suffered or occasioned by the said William Hony or his heirs or by any other person or persons lawfully or equitably claiming or to claim by from under or in trust for him them or any of them or the said Nicholas Hawke deceased / except the said ?/And further that he the said William Hony and his heirs and all and every person and persons having or lawfully claiming any Estate right title trust or interest either at Law or in Equity of in to or out of the said hereditaments and premises mentioned and intended to be hereby granted and released by from under or in trust for him or them or any other person or persons whomsoever shall and will from time to time and at all times hereafter upon every reasonable request and at the expense of the said Henry Pearce his heirs appointees or assigns make to acknowledge levy suffer and execute or cause and procure to be made done acknowledged levied suffered and executed all such further and other lawful and reasonable acts deeds conveyances and assurances in the Law whatsoever for the further better more perfect and absolute granting conveying assuring and confirming of the said hereditaments and premises to the uses hereinbefore mentioned to be hereby granted and released with the appurtenances upon the Trusts and for the intents and purposes hereinbefore limited expressed and declared of and concerning the same as by the said Henry Pearce his heirs appointees or assigns or his or their Counsel learned in the Law shall be reasonably advised devised or required And whereas in regard that the several goods and rentings specified and described in the Schedule hereunder written do relate to and concern not only the said hereditaments and premises hereby granted and released or intended so to be but also to divers other hereditaments the Estate of the said William Hony and it was on the treaty for the said purchase agreed by and between the said William Hony and Henry Pearce that the said goods and writings should remain and continue in the Custody possession and power of the said William Hony his heirs and assigns but nevertheless to be by him and them produced in manner and for the purposes hereinafter mentioned Now this Indenture further Witnesseth that in consideration of the premises the said William Hony for himself his heirs Executors and Administrators doth covenant promise and agree to and with the said Henry Pearce his heirs appointees and assigns by these presents that he the said William Hony his heirs Executors or Administrators (unless prevented by fire thieves or some other invoidable accident) shall and will from time to time and at all times hereafter upon every reasonable request and at the expense of the said Henry Pearce his heirs and assigns produce and show forth unto the said Henry Pearce his heirs appointees and assigns or to his or their Counsel Solicitor or attorney in any court of Law or Equity or elsewhere as occasion shall require the several Deeds and writings specified and described in the Schedule thereof hereunder written for the evidence of maintaining and proving the title of the said Henry Pearce his heirs appointees and assigns to the said dwellinghouse hereditaments and premises mentioned and intended to be hereby granted and released and every or any part thereof respectively In Witness whereof the parties aforesaid to these presents (being first duly stamped / their hands and seals have set the day and year first above written.
 
The Schedule to which the above written Indenture refers:-

(signed and sealed) William Hony
 

(On the reverse of page 1)

Received the day and year first within written of and from the within named Henry Pearce the sum of three hundred and ten pounds being in full satisfaction and discharge of the consideration money within mentioned to be paid by him to me – witness my hand

dated 25 March 1818
 

Mr William Hony		Release in fee of a dwellinghouse and lands parcel
to		of the Tenement of Bosennell in Warleggan
Mr Henry Pearce
		Consideration £310 : 0 : 0

 
(On the reverse of page 2)

Mrs Robbins
Edw Geach
William Hony

Return to Warleggan Parish Page
St Cleer Parish Page

Transcribed by Anne Martin from a document in the Malcolm McCarthy Collection