FAULL Index
HOME Page

INDENTURE

Dated 31 August 1830    Expired    (Counterpart)
Lease of Trevorrow

Gordon William Francis GREGOR Esquire
and Loveday Sarah his wife ….
To
Thomas FAULL, Yeoman

Term 14 years from Michaelmas 1830
Yearly rent £315.0.0          DDG1332

This Indenture made the thirty-first day of August in the year of our Lord one thousand, eight hundred and thirty.
Between Gordon William Francis GREGOR of Trewarthenick in the County of Cornwall Esquire and Loveday Sarah his wife of the one part and Thomas FAULL of the parish of Crowan in the said County, Yeoman of the other part.
Witnesseth that in pursuance and execution of all powers and authorities them there unto enabling and in consideration of the yearly rent covenants conditions and agreements hereinafter reserved and contained on the lessees part to be paid observed and performed.  They, the said Gordon William Francis GREGOR and Loveday Sarah his wife, do by this present, deed, or instrument, in writing by them sealed and delivered in the presence of, and attested by, the two credible persons whose names are intended to be hereupon indorsed as witnesses attesting the sealing and delivery hereof by the said Gordon William Francis GREGOR and Loveday Sarah his wife, direct, limit, and appoint and also demise, lease, and to farm, let, unto the said Thomas FAULL his executors, administrators and assigns.
In that the Barton of Trevorrow with the appurtenances situate in the parish of Probus, in the said County late in the occupation of Thomas GRIGG and containing by estimation about two hundred and sixteen acres of land be the same more or less (Excepting and reserving out of this demise all mines and quarries and all metals, ores, clay, marle, stone, slate and other minerals. And all waters and watercourses. And all woods underwoods, trees, seedlings and saplings now or hereafter growing within or upon the said premises) with full power for the said Gordon William Francis GREGOR and other the person, or persons,  for the time being entitled to the said hereby demised premises, or any part thereof, expectant upon the determination of the term hereby granted and his, her or their lessees, grantees, workmen, and agents at all times during the term hereby granted in such manner and by such ways and means he, she or  they shall think most convenient in that behalf to work any mines and quarries and to dig work and search for raise deposit and make fit for sale any metals, ores, clay, marl, stone, slate and other minerals within and upon the same premises and thence to remove the same.
And for any of the said purposes to conduct and use the said excepted, and any other waters and water courses, into through and over, the same premises and to do all such other acts as may be deemed expedient for carrying on the said mines and works with effect with the like power to view, fell, root up work convert into charcoal and carry away all or any of the said trees, seedlings, saplings, woods and underwoods respectively. And also reserving free liberty for the said Gordon WILLIAMS, Francis GREGOR and other the person, or persons, entitled as aforesaid and his, her and their respective friends, gamekeepers, followers and servants to hunt, shoot and sport in, and upon, the same premises at all seasonable times during the term hereby granted. And also reserving free liberty for the said Gordon WILLIAMS, Francis GREGOR and other the person or person for the time being entitled aforesaid to enter into, and plant with trees or shrubs, and to make any road into, through or over, any part of the same premises making reasonable compensation to the said Thomas FAULL his executors, administrators or assigns for any loss or damage, which may be occasioned to him, or them, thereby. And also to go upon, or over the same premises, for any reasonable purpose whatsoever.

To have and to hold the said Barton hereditaments and all and singular other the premises hereby demised, with their appurtenances, (excepting and reserving as aforesaid), unto the said Thomas FAULL, his executors, administrators and assigns from the twenty-ninth day of September next, unto the full term of fourteen years thence next ensuing, yielding and paying therefore during the same term the clear yearly rent of three hundred and fifteen pounds of lawful British money by equal quarterly payments at Michaelmas-day, Christmas-day, Lady-day, and Midsummer-day in every year without deduction there from, for any cause or thing whatsoever. The first quarterly payment whereof will become due at Christmas-day next.
And the said Thomas FAULL, doth hereby for himself, his heirs, executors and administrators covenant the said Gordon WILLIAMS, Francis GREGOR, his heirs and assigns and other the person, or persons, for the time being entitled as aforesaid that he the said Thomas FAULL his executors, administrators or assigns, shall, and wil,l during the term hereby granted, pay the said rent in manner aforesaid and according to the true intent and meaning of these presents, and also shall, and will bear and pay all taxes rates, charges, and assessments which during the same term shall be charged or payable upon, or in respect of, the premises hereby demised, or the rent hereby reserved.
And also shall and will at all times during the same term keep, and at the end or other determination thereof, leave the same premises in every part thereof (except the walls, slate and timbers of the roofs of such buildings as now are, or hereafter during the same term shall be erected on the same premises, with the consent in writing of the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah his wife, or the survivor of them, or the heirs, or assigns of the said Loveday Sarah GREGOR) in good and sufficient repair. And shall not nor will during the same term cut or prune any hedge belonging to the same premises except between Michaelmas-day and Lady-day, nor without new making the same with double binds in a husbandmanlike manner, nor cut, nor prune any such hedge (except the hedges of fields for the time being in tillage) during the last two years by effluxion of time of the same term. Nor during the same term take any earth from the ditches of any part of the same premises more than four feet from the foot of any hedge. Nor break up for tillage any part of the same premises of less than three years lay. Nor permit more than one-third part of the same premises to be in tillage at any one time.
And shall and will, manure every part of the same premises which shall be broken up for tillage during the same term with at least twelve common cart loads of good sea-sand and sixteen common cart loads of good stall dung or at least one hundred Winchester bushels of well-burned lime well mixed with earth for every customary acre and in that proportion for less than an acre.
And shall not nor will from any part of the same premises which shall be broken up for tillage during the same term, take after any such breaking up and before the same shall be again laid down to grass more than three crops of which the first, or second, shall be turnips or some other green crop, and the last barley or oats and with such last crop shall and will at his or their own expense properly sow and harrow in good clover trefoil and ever grass seeds in the proportion of at least five pounds of clover, three pounds of trefoil, and eight gallons of ever grass seeds, such seeds in the last year of the said term to be provided by the said Gordon WILLIAMS, Francis GREGOR, other the person, or persons, entitled as aforesaid of the said Thomas FAULL, his executors, administrators or assigns shall give him her, or them, two calendar months notice of the sawing of his, or their, spring corn. 
And shall not nor will during the last year by effluxion of time of the same term depasture upon the same premises any other than his, or their own, livestock or any stock whatsoever, upon seedling grass.
And also that all straw corn in the straw fodder compost dung and other manure which shall arise or be made on the same premises during the same term shall be used thereon or left thereon at the expiration or other determination of the same term (reed of wheat only excepted).
And also that if any part of the same premises shall be cut for hay more than once after it shall have been laid down to grass and before it shall be again broken up for tillage, such part shall be manured within nine calendar months before every second and succeeding cutting with good compost, of which at least one half shall be dung in the proportion of at least forty common cart loads for every customary acre, and shall not nor will in the last two years of the same term, cut a greater quantity of hay than usual. Nor during the same term lop, top, cut or prune, or knowingly permit to be lopped, topped, cut or pruned, any forest, trees, seedlings or saplings, now or hereafter growing upon the same premises (except pollards usually topped). Nor commit, nor knowingly suffer to be committed, any waste, destruction, or act of bad husbandry upon the same premises. And also shall and will at all times during the same term cherish the apple and other fruit trees now, or hereafter, growing in the orchards and gardens belonging to the same premises, and instead of such of them shall die, or decay, during the same term shall, and will, in the next season plant other young thriving trees of the like or other approved sorts.
And shall not during the said term hunt, shoot or otherwise sport, over the said premises or any part thereof, nor in any manner kill, or destroy, any of the Game thereupon, without the written Licence of the said Gordon WILLIAMS, Francis GREGOR or other the person, or persons, for the time being entitled as aforesaid for that purpose first obtained, but that he, the said Thomas FAULL, his executors, administrators and assigns shall and will, from time to time and at all times during the same term use his and their best endeavour to preserve the Game on the said premises and to promote the increase thereof.
And also that it shall be lawful for the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah his wife, and the survivor of them, and their heirs, and assigns, of the said Loveday Sarah GREGOR as often as they, he or she, shall think proper in case any person, or persons, shall at anytime during the same term, hunt, shoot or otherwise sport, upon the same premises to bring any action, or actions, or otherwise prosecute all and every, such persons and person in the name, or names, of the said Thomas FAULL his executors, administrators, or assigns, the said Thomas FAULL, his executors, administrators and assigns being indemnified from all charges and expenses which he or they shall not, nor will, release or otherwise discharge, any such action or other proceeding without the consent in writing of the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah, his wife, or the survivor of them, or the heirs or assigns of the said Loveday Sarah GREGOR and further, that he the said Thomas FAULL, his executors, administrators or assigns shall and will at all times during the same term, warn off from the same premises by notice in writing under his, or their hand or hands, all persons who shall trespass, or be upon the same premises for the purpose of sporting thereupon without the consent in writing of the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah his wife, or the survivor of them, or the heirs or assigns of the said Loveday Sarah GREGOR and do and concur in all such other lawful and reasonable acts and things, as may be considered by the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah his wife, or the survivor of them, or the heirs or assigns of the said Loveday Sarah GREGOR, to be expedient for preventing the destruction of, or otherwise preserving, the game upon the same premises and also shall and will permit the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah his wife, or the survivor of them, or the heirs or assigns of the said Loveday Sarah GREGOR, or their his or hers incoming tenant, or tenants, at any time, or times after the twenty fifth day of March in the last year, by effluxion of time of the same term to take exclusive possession of such part, or parts, of the said premises as shall be next in turn for tillage for turnips, and also at any time after the twenty-fourth day of June in the last year by effluxion of time of the same term, to take exclusive possession of such parts of the same premises as shall be next in turn for tillage for wheat, and to manure and prepare the same for wheat at their, his, or her own pleasure and to use all convenient and accustomed way for that purpose. 
And shall, and will provide the horses and other cattle, which shall be used in such preparation with sufficient pasture on some convenient part, or parts, of the same premises, reasonable compensation being made for such pasture.
And also shall and will at his or their own expense carry such materials as shall be requisite or convenient for the erecting, or repairing, of any building upon the same premises, during the same term, such materials being obtained as near as conveniently may be, to the same premises. 
And shall not, or will, during the same term, assign, underlet, or in any manner part with the possession or occupation of the same premises, nor any part thereof, for all or any part of the time of the same term, without the previous written licence of the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah his wife, or the survivor of them, or the heirs, or assigns of the said Loveday Sarah GREGOR, provided always that if any part of the rent hereby reserved, shall be in arrears by the space of twenty-one days next, after any one of the days, whereon the same ought to be paid as aforesaid, and the same shall be lawfully demanded upon or at any time after the expiration of the said twenty-one days, and not paid when demanded. Or if the said premises hereby demised, or any part thereof (except as aforesaid), shall be out of repair to the value of forty shillings in any one year, and shall not be sufficiently repaired within three calendar months after notice in writing for that purpose, given to the said Thomas FAULL, his executors, administrators or assigns, or left for him or them, upon some part of the same premises, or if the said Thomas FAULL, his executor, administrators or assigns, shall become bankrupt or insolvent, or shall take the benefit of any act for the relief of insolvent debtors, or shall permit the said premises, or any part of thereof, to be taken in execution during the said term. Or if the said Thomas FAULL, his executors, administrators or assigns, shall during the same term assign, underlet, or in any manner part with the possession, or occupation of the same premises, or any part thereof, without the previous written licence of the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah his wife, or the survivor of them, or the heirs or assigns of the said Loveday Sarah GREGOR.
Then and thenceforth in all, or any of the said cases, although no advantage shall have taken of a previous default, it shall be lawful for the said Gordon WILLIAMS Francis GREGOR and Loveday Sarah his wife, or the survivor of them, or the heirs or assigns of the said Loveday Sarah GREGOR  into and upon all and every the same premises, or any part thereof, in the name of the whole to re-enter, and the same to have again, possess, and enjoy, as in their, his, or her, former estate.
And the said Gordon WILLIAMS, Francis GREGOR, doth hereby for himself, his heirs, executors and administrators, covenant with the said Thomas FAULL, his executors, administrators and assigns. That they the said Gordon WILLIAMS, Francis GREGOR and Loveday Sarah his wife, or the survivor of them, or the heirs or assigns of the said Loveday Sarah GREGOR, shall and will, at all times during the term hereby granted, at their, his, or her own expense, well and sufficiently repair, and keep in repair the walls, slate, and timbers of the roofs of the houses, and other buildings, now being on the premises hereby demised, and also of such other buildings as may be erected thereon during the same term with their, his, or her respective consent in writing.
And also that the said Thomas FAULL, his executors, administrators, or assigns, may lawfully use the barn and mowhay on the same premises, for returning his, or their, corn or grain, until Lady-day next after the expiration of the same term, so that he, or they, thrash his, or their corn, or grain, one day in every week, or oftener if required.
And also that the said Thomas FAUL,L his executors, administrators, or assigns, lawfully may until his or their corn, or grain, shall have been returned, or until the last-mentioned Lady-day (which shall first happen), use for the fodder and consumption on the same premises, and not elsewhere of his, or their, horses or other cattle, which shall be necessarily employed in returning the same corn, or grain, a reasonable part of the straw arising therefrom to be assigned by such occupier, or occupiers, for the time being aforesaid.

In Witness whereof the parties to these presents have hereunto set their hands and seals the day and year first above written.
Thomas FAULL (signature and seal)

Transcribed by Jacqy FAULL Aug 2004
Original document held by Cornwall Record Office