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Dated 29th September 1821
This indenture made the 29th day of September in the
year of our Lord one thousand eight hundred and twenty
one between William Pearse of the parish of Davidstow in
the County of Cornwall, Gentleman, brother and heir at
law of John Pearse late of Saint Austell in the same
county, Gentleman, deceased, of the first part John
Pearse of the Parish of Saint Kew in the said County,
Gentleman, and Joan Pearse of the said parish of
Davidstow, Spinster, (Executors of the last will and
testament of the said John Pearse deceased) of the
second part, James Webb of the Borough of Bodmin in the
same County, Yeoman, of the third part, Grace Hawken of
the parish of Cardinham in the said County of Cornwall,
widow, of the fourth part and Edward Hawken of the said
parish of Cardinham, Yeoman, of the fifth part, Whereas
by indentures of lease and release bearing date
respectively the lease the thirty first day of August
and the release the first day of September One thousand
eight hundred and One and made or expressed to be made
between the said James Webb of the one part and John
Symonds Clerk and John Martyn Bligh Gentleman of the
other part the same James Webb in consideration of two
hundred pounds and for the other considerations therein
mentioned did grant bargain sell release and confirm all
that field or close of land containing about two acres
and half of ground (be the same more or less) together
with the Mowhay Barn and coach house thereunto belonging
situate lying and being in or near Bore Street in the
said borough of Bodmin being part of as certain tenement
commonly called or known by the name of Mary Beard’s
tenement then in the possession of Thomas Dungey and
also all that garden or plot of land adjoining the said
premises then in the occupation of John Lean unto and to
the use of the said John Symonds and John Martyn Bligh
their heirs and assigns for ever subject to a proviso
therein contained for redemption of the same on payment
by the said James Webb his heirs executors
administrators or assigns unto the said john Symonds and
John Martyn Bligh or one of them their or one of their
executors administrators or assigns of the sum of Two
hundred Pounds with interest for the same on or at the
day or time and in manner therein described and whereas
by indentures of lease and release bearing date the
twenty sixth and twenty seventh days of November One
thousand eight hundred and thirteen the release being
made or (?) to be made between the said James Webb of
the first part, the said John Symonds and John Martyn
Bligh of the second part and the said John Pearse
deceased of the third part in consideration of the sum
of two hundred pounds paid to the said John Symonds and
John Martyn Bligh by the said John Pearse (party
thereto) at the request and by the direction of the said
James Webb in discharge of all money due on the said
recited mortgage They the said John Symons and John
Martyn Bligh at such request as aforesaid did grant
release transfer and set over and the said James Webb
did grant release and confirm all the above
hereditaments and premises comprised in the hereinbefore
recited deeds of the thirty first day of August and the
first day of September One thousand eight hundred and
One and hereinbefore particularly mentioned and
described unto and to the use of the said John Pearse
(party thereto) his heirs and assigns for ever subject
to a proviso therein contained for redemption of the
same on payment by the said James Webb his heirs
executors administrators or assigns unto the said John
Pearse (party thereto) his executors administrators or
assigns of the sum of two hundred pounds with interest
for the same on or at the day or time and in manner
therein mentioned and whereas the said John Pearse party
to the last in part recited indentures did on or about
the twenty sixth day of April One thousand eight hundred
and nineteen having first duly made and published his
last will and testament in writing bearing date the
twenty eighth day of November one thousand eight hundred
and eighteen and appointed the said John Pearse (party
thereto) and Joan Pearse executor thereof and whereas
all interest which hath hitherto accrued and become due
for the said sum of two hundred pounds hath been duly
paid by the said James Webb and there now remains due
and owing on the said recited mortgage the said sum of
two hundred pounds only and whereas the said James Webb
having occasion for the sum of two hundred pounds to
enable him to pay off and discharge the said sum of two
hundred pounds so due and owing on the said mortgage
security as aforesaid hath applied to and requested the
said Grace Hawken to advance and lend him the same which
she the said Grace Hawken hath agreed to do upon having
the repayment thereof secured to her with interest in
the meantime in manner hereinafter mentioned Now this
indenture witnesseth that in pursuance and performance
of the said agreement and for and in consideration of
the sum of two hundred pounds of lawful money of Great
Britain in hand well and truly paid by the said Grace
Hawken to the said John Pearse (party thereto) and Joan
Pearse as such executors as aforesaid at the request and
by the direction of the said James Webb (testified by
his being a party to and sealing and delivering these
presents) the payment and receipt of which said sum of
two hundred pounds the said John Pearse (party thereto)
and Joan Pearse as such executors as aforesaid do hereby
respectively acknowledge and of and from the same and
every part thereof do and each of them doth acquit
release and discharge the said Grace Hawken and James
Webb and each of them their and each of their heirs
executors administrators and assigns for ever by there
presents and for and in consideration of the sum of ten
shillings of like lawful money in like manner paid by
the said Edward Hawken to the said William Pearse and
for and in consideration of the sum of ten shillings of
like lawful money in like manner paid to the said James
Webb by the said Edward Hawken the receipts whereof are
hereby acknowledged they the said John Pearse (party
hereto) and Joan Pearse at the request and by the
direction of the said James Webb testified as aforesaid
and upon the nomination and appointment of the said
Grace Hawken testified by her being a party to and
securing these presents have and each of them hath
bargained sold and released and by these presents doth
grant bargain sell release convey ratify and confirm
unto the said Edward Hawken (in his actual possession
now being by virtue of a bargain and sale to him thereof
made by the said James Webb and William Pearse in
consideration of five shillings a piece by indenture
bearing date the day next before the day of the date of
theses presents for the term of one whole year
commencing 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 uses into
possession) and to his heirs. The said filed or close of
land Barn Mowhay and garden and all and singular other
the hereditaments and premises comprised in and conveyed
by the hereinbefore in part recited indentures of the
31st day of August and the first day of September one
thousand eight hundred and one and the twenty sixth and
twenty seventh days of November one thousand eight
hundred and thirteen with their appurtenances and all
the estate right title interest inheritance reversion
use trust possession property claim and demand
whatsoever of them the said John Pearse (party thereto)
Joan Pearse, William Pearse, and James Webb and each and
every of them of in to from out of or upon the same
premises and every of them and every part and parcel
thereof to have and to hold the said close of land
hereditaments and all and singular other the premises
hereby released or mentioned and intended so to be with
their appurtenances unto the said Edward Hawken his
heirs and assigns to the use of the said Edward Hawken
his heirs and assigns for ever upon the trusts
nevertheless and to and for the uses ends intents and
purposes hereinafter mentioned of and concerning the
same (that is to say) upon trust to secure to the said
Grace Hawken her executors administrators and assigns
the repayment of the said sum of two hundred pounds with
lawful interest for the same at the rate of five pounds
for one hundred pounds for a year on the twenty ninth
day of March next ensuing the date of these presents and
to that end intent and purpose in trust that he the said
Edward Hawken his heirs and assigns do and shall at any
time hereafter at the request of the said Grace Hawken
and after three full calendar months notice in writing
shall be given by the said Edward Hawken his heirs or
assigns or by the said Grace Hawken her executors
administrators or assigns to the said James Webb his
heirs or assigns or left at his or their usual dwelling
or last place of abode in England or stuck upon some
part of the premises hereby released or intended so to
be absolutely sell and dispose of the said closes or
pieces of land and hereditaments hereinbefore mentioned
and described and hereby released or intended so to be
with the appurtenances either entirely or separately and
either by public auction or private contract as he the
said Edward Hawken shall see fit to such person or
persons as shall be willing and desirous to become the
purchaser or purchasers thereof for the best price or
prices that can or may be reasonably had or gotten for
the same and do and shall apply the money arising from
such sale or sales in the first place in discharging all
such costs charges troubles and expenses as shall
anywise attend such sale or sales and the execution of
the trusts hereby created secondly in payment of the
said sum of two hundred pounds and all such interest as
shall be then due thereon together with the cost or
costs of any suit or suits that may be brought or
prosecuted by or against them the said Edward Hawken and
Grace Hawken or either of them their or either of their
heirs executors administrators or assigns for or on
account of the said hereditaments and premises or the
execution of the trusts herein contained or any thing in
anywise relating thereto and from and after full
satisfaction thereof then upon trust to pay the residue
of the monies arising by such sale or sales unto the
said James Webb his heirs and assigns provided always
and it is hereby covenanted and agreed between the said
parties that the receipt or receipts of the said Edward
Hawken or the said Grace Hawken or either of them under
their or either of their hands respectively for the
purchase money or monies for which the said closes of
land hereditaments and premises hereinbefore mentioned
and described and hereby released or intended so to be
or any part or parts thereof shall be sold and conveyed
shall from time to time be deemed to be a good and
sufficient discharge to such purchaser or purchasers his
her or their respective heirs executors administrators
or assigns for so much of the said purchase money as
such receipt or receipts shall be given for and such
purchaser and purchasers from and after such payment of
his her or their respective purchase money or monies
shall be absolutely acquitted and discharged of and from
the same and shall not be obliged to see to the
application thereof or be in anywise answerable or
accountable for the loss misapplication or
nonapplication of such purchase money or any part
thereof and the said John Pearse (party hereto) Joan
Pearse and William Pearse do hereby for themselves
severally and respectively and their several and
respective heirs executors and administrators and not
jointly or one of them for the other or others of them
or for the heirs executors administrators acts or deeds
of the other or others of them but each of them for
himself and herself his and her heirs executors
administrators acts and deeds only covenant and declare
with and to the said Edward Hawken his heirs and assigns
by these presents that they the said John Pearse (party
hereto) Joan Pearse and William Pearse have not nor have
or hath any or either of them at any time heretofore
made done committed or executed or knowingly or
willingly permitted or suffered or been party or privy
to any act deed matter or thing whatsoever whereby or by
reason or means whereof the said closes of land and
other hereditaments hereby released or expressed and
intended so to be or any of them are is can shall or may
be impeached charged affected or incumbered in title
estate or otherwise howsoever and the said James Webb
doth hereby for himself his heirs executors and
administrators covenant promise and agree to and with
the said Grace Hawken her executors administrators or
assigns that he the said James Webb his heirs executors
or administrators shall and will well and truly pay or
cause to be paid unto the said Grace Hawken her
executors administrators or assigns the aforesaid sum of
two hundred pounds with lawful interest for the same in
the meantime on or at the day or time hereinbefore
mentioned or appointed for payment thereof without any
deduction or abatement whatsoever according to the true
intent and meaning of these presents and the said James
Webb doth hereby for himself his heirs executors and
administrators covenant promise grant and agree with and
to the said Edward Hawken his heirs and assigns in
manner following (that is to say) that they the said
John Pearse (party hereto) Joan Pearse William Pearse
and James Webb now have in themselves some or one of
them now have or hath in themselves himself or herself
respectively good right and full power to grant bargain
sell release and convey the hereditaments and premises
hereby released with their appurtenances unto the said
Edward Hawken his heirs and assigns to the uses and upon
the trusts and I manner aforesaid and according to the
true intent and meaning of these presents and also that
it may and shall be lawful to and for the said Edward
Hawken and Grace Hawken their heirs or assigns and also
the person or persons who shall purchase the said
hereditaments and premises as aforesaid or any part
thereof his or their heirs or assigns at any time or
times after default shall be made in payment of the said
sum of two hundred pounds or any part thereof at the
time and in manner aforesaid to enter into and upon all
the said hereditaments and premises hereby released or
expressed and intended so to be or any of them or any
part thereof and the same from henceforth peaceably and
quietly to have hold possess and enjoy and receive and
take the rents issues and profits thereof to and for his
and their own use and benefit without any let trouble
interruption or disturbance whatsoever of from or by the
said James Webb his heirs or assigns or any other person
or persons whomsoever claiming or to claim by from or
under him or them and that full and clear and freely and
clearly and absolutely exonerated and discharged or
otherwise by the said James Webb his heirs executors or
administrators saved protected kept harmless and
indemnified of from and against all and all manner of
(?) and other gifts grants bargains sales jointures
dowers mortgages uses wills intails annuities rent
charges and seek and arrears of rent fines issues
amerciaments statutes recognisance’s judgements
executions extents seizures sequestrations and all other
estates titles troubles and incumbrances whatsoever and
moreover that if default shall be made of or in payment
of the aforesaid sum of two hundred pounds or any part
thereof contrary to the aforesaid covenant for payment
of the same and the true intent and meaning of these
presents then he the said James Webb and his heirs and
all and every other person or persons whomsoever having
or lawfully or equitably claiming any estate right title
or interest of in or to the said hereditaments and
premises hereby granted and released or mentioned and
intended so to be or any of them or any part or parts
thereof shall and will from time to time and at all
times thereafter upon the request of the said Edward
Hawken and Grace Hawken their or either of their heirs
executors or administrators make do and execute or cause
and procure to be made done and executed all and every
such further and other lawful and reasonable acts deeds
matters and things conveyances and assurances in the law
whatsoever for the further better more perfect and
absolute granting conveying and assuring of the said
hereditaments and premises hereby released or expressed
and intended so to be with their appurtenances unto the
said Edward Hawken his heirs and assigns as by the said
Edward Hawken or Grace Hawken his or her heirs and
assigns or his or her or their counsel in the law shall
be reasonably devised or advised and required in witness
whereof the said parties to these presents their hands
and seals have hereunto set the day and year first above
written
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Contributed by Malcolm McCarthy, who has the original document. |