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This indenture made the seventh day of February in the
ninth year of the reign of our sovereign lady Anne by
the grace of God of Great Britain France and Ireland,
Queen defender of the faith and in the year of our Lord
Christ One thousand seven hundred and four between
Samuell Roll of (?) in the County of Devon Esq and
William Flamank of Hendra in the County of Cornwall Esq
the surviving trustee appointed in and by the last will
and testament of Daniell Eliot late of Port Eliot in the
County of Cornwall aforesaid Esq deceased of the one
part and Thomas Hambly of the parish of Bodmin in the
said County of Cornwall Yeoman of the other so whereas
the said Daniell Eliot in and by his last will and
testament in writing bearing date the second day of July
in the sixth year of the reign of our Lord sovereigns
Lord and Lady King William and Queen Mary did devise
unto John Sporrott? Of Penhale in the said County of
Cornwall Esq now deceased and unto the said Samuell Roll
and unto John Rashleigh of Cornshall in the County of
Norfolk Esq now likewise deceased and unto the said
William Flamank and unto Jonathon Sparkes of the Borough
of Plymouth in the said County of Devon Esq now likewise
deceased all and singular the manors messuages lands
tenements rents and hereditaments whatsoever and
wheresoever whereof and wherein had should have any
estate in fee simple at the time of his death or dye?
Seized in fee simple with the appurtenances for the
terms of one and twenty years to commence immediately
from and after his decease upon the trust therein
mentioned with (?) remainders over and for the better
enabling them to discharge the said trust did thereby
give them the survivors and survivor of them full and
absolute power right and authority to make and grant any
pieces or estate of the (??) or given to them in trust
for one and twenty years as aforesaid other than these
capital messuages (?) and tenements with at the time of
making the said will more kept at (?) and not leased out
(?)to any person or persons from time to time for the
best rate and value that might be made thereof for and
two or three lives or for any number of years in
possession reversion or expectancy determinable upon the
death or deaths of and two or three persons so at all
the estates in going together which named before or
hereafter to be granted on any one tenement or thing so
to be leased and not exceed three lives or ninety nine
years determinable on the death of three persons at the
(?) and so as the (?) and (?) accustomed rent and
survivors been (?) to continue due and payable or a
proportionable part thereof pro rata or more during the
continuances of such leases respectively to such person
or persons to whom the reversions or remainders of the
said premises are paid or belong as in and by the said
last will and testament of the said Daniell Eliot (?)
going thereunto has it doth and may (among other things)
more fully appear AND WHEREAS all the said trustees
accepted the said trust that the said John Sporrott John
Rashleigh and Jonathon Sparkes and (??) now this
indenture witnesseth that the said Samuell Rolls and
William Flamank in pursuance and for performance of the
trust in them in and by the said will (?) and by virtue
of his power to them thereby given and for consideration
of the sum of three and twenty pounds and two guineas of
gold of lawfull money of Great Britain to them the said
Samuel Rolls and William Flamank in hand paid by the
said Thomas Hambly at and before the sealing and
delivery of these presents the receipt whereof they do
hereby acknowledge and (?) and of every part and parcel
thereof (?) do acquit exonerate release and discharge
him the said Thomas Hambly his heirs executors and
assigns (?) of them by these presents have granted
leased sell let and demised and in and by these presents
do sell let and demise unto the said Thomas Hambly his
executors administrators and assigns all that tenement
with the appurtenances called or commonly known by the
name of Lancarfe and Lancarfe Holton together with all
commons common of pasture ways waterings and commodoties
to the same belonging or appertaining all which said
premises are situate lying and being within the said
parish of Bodmin and now in the tenure of him the said
Thomas Hambly TO HAVE AND TO HOLD all and singular the
said premises in Lancarfe and Lancarfe Holton aforesaid
unto the said Thomas Hambly his executors and assigns
for and during the (?) fine and unto the full end of the
term and time of four score and nineteen years fully to
be complete and ended if and so that Thomasin Hambly the
now wife of the said Thomas Hambly shall so long live
the said term to (?) begin immediately from and after
the deaths of him the said Thomas Hambly and Robert
Hambly his brother or other determination of a certain
lease now in being on the said premises for the like
term of four score and nineteen years now determinable
on the deaths of the said Thomas Hambly and Robert
Hambly residing and paying therefore yearly after the
commencement of the said term and during the continuance
of the same unto the said Samuell Rolls and William
Flamank the survivor of them his heirs and assigns and
to such person and persons to whom the reversion and
inheritance of the said premises shall defend and belong
ten shillings of lawfull money of Great Britain all the
lower (?) equal feasts or terms of the years (that is to
say) the feast of the birth of our Lord God the
Annunciation of our blessed Lady the virgin St John the
Baptist and St Michael The Archangel by equal portions
the first payment to be made and begin on such feast of
the feasts aforesaid as shall first happen after the
commencement of the said term and also yielding and
paying after the consideration of the said term Twenty
shillings of lawfull money of Great Britain for and in
the name of and glory of or (?) after the death of her
the said Thomasin Hambly repairing also and maintaining
well and sufficiently all and singular the said premises
as well in (?) hedges (?) gates and fences as in all
other (?) and necessary reparations at his and their own
proper costs and expenses during the said term and in
the end thereof so (?) shall lead and give up the same
and if it happen the said yearly rent of ten shillings
or any part thereof to be owing and unpaid by the space
of one whole year next after any lease or the lease
aforesaid in which the same ought to be paid being
lawfully demanded and not paid and (?) sufficient
distress in and upon the said premises or any part
thereof by all that time (?) or may be found whereby the
said rent so being behind with the advantages thereof
(if any be) may be fully levied and paid that their and
from thenceforth it shall and may be lawfull to and for
the said Samuell Rolls and William Flamank and the
survivor of them his heirs and assigns and for such
other persons as aforesaid into all and singular the
said premises in Lancarfe and Lancarfe Holton aforesaid
to enter and the same to have again repossess and enjoy
as is his or their former estate or right (anything
herein contained to the contrary in anywise
notwithstanding) and the said Samuel Rolls and William
Flamank do for themselves severally and for their (?)
executors and administrators and not jointly and for the
other nor one for the others executors or administrators
hereby covenant and promise to and with the said Thomas
Hambly his executors administrators and assigns that
they the said Thomas Hambly his executors administrators
and assigns shall and may after the termination of the
said term by and under the yearly rent covenant and
conditions aforesaid peaceably and quietly have hold and
enjoy all and singular the said premises with the
appurtenances in manner and term aforesaid and during
the term (?) without any the lawful let suite trouble
molestation interruption disturbance or denial of them
the said Samuel Rolls and William Flamank or either of
them their or either of their executors administrators
or assigns or of any other person or persons whatsoever
lawfully claiming by from or under them or either of
them provided always nevertheless and it is by these
presents declared concluded and fully agreed upon by and
between all the parties hereunto and it is their true
intent and meaning that no word covenant grant (?)
clause (?) or thing in these presents contained is meant
or intended or shall be expounded continued or taken
further or otherwise to oblige by covenant or otherwise
them the said Samuell Rolls and William Flamank their
executors administrators or assigns or either of them
then only against themselves and their own executors and
administrators and his and their own act and acts
respectively (these presents or any thing herein
contained to the contrary notwithstanding) in witness
whereof the parties aforesaid to these present
indentures their hands and seals interchangeably have
set herein the day and year first above written
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Transcribed by David Casley from a document in the Malcolm McCarthy Collection. |