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INDENTURE
Manor of Goonearl, 2nd Lean 191
Dated 28th September 1839
Elizabeth LEY, widow and others
To Tenant No 37
John WALTERS, Miner
Lease of 3 dwelling houses, garden, inclosures of land and premises within
the Manor of Goonearl, in St Agnes, Cornwall.
Consideration: Surrender of Lease No 18 & £65
Yearly rent: £2.5.0d
Term: 99 years – Amerct 2/6d?
Lives: John WALTERS, jnr - Aged: 11years
Martha WALTERS - Aged: 9 years
Lydia WALTERS, Aged: 7 years
Lessees children
GP370/1
This Indenture made the twenty eighth day of September in the year of our
Lord, one thousand eight hundred and thirty-nine. Between Elizabeth LEY,
of the Borough of Penzance in the County of Cornwall, widow, and Edwin LEY,
of the same Borough, Esquire, (surviving Trustees, appointed in and by the
last Will and Testament of Hugh LEY, late of the said Borough of Penzance,
Esquire, deceased), John JAGO, of the Borough of Falmouth in the said County,
Gentleman, John JAMES of the Parish of St Agnes in the said County, Gentleman,
John WILLIAMS, the younger, Michael WILLIAMS and William WILLIAMS, all of
Scorrier House in the said County, Esquires, and John GEACH of the Parish
of Kenwyn in the same county, gentleman of the one part and John WALTERS
of the Parish of Saint Agnes in the County aforesaid, miner of the other
part.
Witnesseth that they the said Elizabeth LEY, Edwin LEY, John JAGO, John JAMES,
John WILLIAMS, Michael WILLIAMS, William WILLIAMS and John GEACH, as well
in consideration of the sum of sixty five pounds of lawful English money,
now to them in hand, paid by the said John WALTERS according, and in proportion
to, their several and respective Estates, and Interests, hereinafter particularly
mentioned of, and in the Tenements and premises intended to be hereby demised,
the receipt whereof they do hereby respectively acknowledge. As also in consideration
of the absolute and due surrender unto them now made by the said John WALTERS
of a certain Indenture of Lease or demise of the Tenements and premises firstly
herein after described, bearing date the second day of September one thousand
seven hundred and eighty four and granted by Hugh LEY, John JAGO, and Henry
CORNISH, unto Charles GARLAND therein respectively described for a term of
years now determinable on the decease of Mary MATTHEWS and Charles GARLAND,
the younger, and of the yearly rent, covenants and agreements herein after
contained, and on the part and behalf of the said John WALTERS, his executors,
administrators and assigns to be paid, observed and performed.
Have granted demised and leased, and by these presents, do grant, demise
and lease unto the said John WALTERS, his Executors, administrators and assigns,
all those two messuages, or dwelling houses, garden and plots or inclosures
of land situate and being in and part and parcel of the Manor, or reputed
Manor of Goonearl, in the said Parish of Saint Agnes, containing by admeasurement
eight acres, three roods and ten poles statute measure, according to the
map, or plan, of the said manor, and marked and numbered Z.1.2.3.4.5.6.7.8
& 9 therein, which said premises were late in the occupation of Catherine
PAULL, as tenant thereof, but now of the said John WALTERS.
And also all that messuages, or dwelling houses, and plots, or inclosures
of land situate, and being in, and part and parcel of, the said Manor of
Goonearl, containing by admeasurement two roods and thirty two poles statute
measure, according to the said map, or plan, and marked and numbered G.1.2.&
3 therein, and which said premises were formerly in the occupation of Thomas
FAULL, as tenant thereof, but now of the said John WALTERS. Together
with pasture and turbary on the common, and wastelands, belonging to the
said manor, as other the tenants thereof have usually heretoafore enjoyed,
and now enjoy the same. Excepting, and always reserving out of this demise
unto the said Lessors, their heirs and assigns respectively, all tin and
tin stuff, copper, lead and all other ores, mines, metals and minerals, stone,
slate, clay and marle, lying and being in the said hereby demised premises,
or any part thereof, with liberty of ingress, egress, and regress to and
for them, and their respective servants, workmen and agents, in through and
upon the said premises, or any part thereof, to dig, work, mine and search
for, the said tin and tin stuff, ores, mines, metals and minerals, stone,
slate, clay and marle, and the same respectively there found to break, land,
stamp, dress, manufacture, and make merchantable, as such property is, or
shall be, usually prepared for sale, according to the different natures thereof,
respectively, and thence to take, and carry them away with all manner of
carriages, or otherwise, at their respective wills, and pleasure, to and
for their own respective proper use and benefit.
And also excepting all waters, watercourses, and streams of water, arising
in, or running through, the said premises hereby demised, or any part thereof,
with the like liberty to bring, pass, alter and convey the same, through,
or from any part of the said premises, and for that purpose to make any headworks,
trenches, drains, lea to and other conveniences therein, or thereupon, or
in or upon any part thereof, and to cut, turf, therein for amending and repairing
the same, and to make, drive, and sink any adit, or adits, shaft, or shafts,
pit or pits, and to erect and build, any whim or whims, engine or engines,
stamping mill or mills, and all other erections, buildings, conveniences,
and things that shall, or may be deemed expedient, or useful, for the more
complete enjoyment of the several liberties and premises hereby excepted.
And also excepting liberty and power to, and for, the said Lessors, their
heirs, and assigns, respectively, to enclose all, or any part of the common
and waste lands aforesaid, and to build thereon in such manner as they shall
think proper, or otherwise to let ,set, and demise the same to any other
person, or persons, whomsoever for the same purposes or either of them.
And also excepting all royalties whatsoever and all usual ways through and
over the said premises. To have and to hold the said several ? ? ? ? and
assigns from the day of the date hereof, for and, during the term of ninety
nine years next ensuing, and fully to be complete and ended. Or John WALTERS,
the younger, now aged about ten years, Martha WALTERS, now aged about eight
years, and Lydia WALTERS, now aged about six years, (children of the said
John WALTERS (party hereto)) or either of them shall so long happen to live.
So? The said John WALTERS his executors, administrators and assigns, yielding
and paying therefore yearly, and every year during the said term hereby granted,
the yearly rent, or sum of two pounds and five shillings of lawful money
aforesaid, in the several shares and proportions following, (that is to say),
unto the said Elizabeth LEY, and Edwin LEY, and the survivor of them, her
or his heirs and assigns the sum of fifteen shillings for, and in respect
of, their one undivided third part of the said demised premises, unto the
said John JAGO, the sum of fifteen shillings for his like one undivided third
part thereof, unto the said John JAMES, his heirs and assigns the sum of
seven shillings and sixpence for his own undivided sixth part thereof, unto
the said John WILLIAMS, Michael WILLIAMS and William WILLIAMS their heirs,
and assigns, the sum of three shillings and nine pence for their one undivided
twelfth part thereof, and unto the said John GEACH, his heirs, and assigns,
the sum of three shillings and nine pence for his remaining one undivided
twelfth part thereof, payable quarterly, free and clear of all land tax,
and all deductions and refurzes whatsoever.
And the said John WALTERS doth hereby for himself, his executors, administrators
and assigns covenant, promise, and agree unto, and with, the said Lessors
respectively, and their respective heirs, and assigns as follows, (that is
to say), that he the said John WALTERS, his executors, administrators, and
assigns shall, and will, well and truly pay, or cause to be paid, unto the
said Lessors respectively, and their respective heirs, and assigns, the aforesaid
clear yearly rent, or sum of two pounds and five shillings at the several
times, and in the several proportions aforesaid, according to the true intent
and meaning of these presents.
And at all times during the said term, at his and their own, proper costs
and charges, well and sufficiently repair, and keep in good and complete
repair, all and singular, the said several premises hereby demised, and every
part thereof, with the appurtances and all the buildings and improvements
now being, or hereafter to be made, therein in all respects whatsoever, and
the same so being at the end or some determination of the said term shall,
and will surrender and yield up
And shall and will, permit and suffer, the said Lessors respectively, and
their respective Heirs, and assigns, agents ,workmen, and servants, (for
the time being), at all times, by day, during the said term, to enter into,
and upon, the same several premises, and every of them and to view and examine
the state and condition thereof.
And shall, and will do, suit and service at, and to, all and every, the Court
and Courts of them the said Lessors respectively, and their respective heirs,
and assigns, to be holden and kept within, and for the said Manor of Goonearl,
and pay unto them the sum of two shillings and sixpence, as and for, an amerciament
when, and as often, as he or they shall fail to perform such suit and service
at, or before, the hour of two of the clock in the afternoon of the Court
day, (for the time being). Provided always that if the said hereby reserved
yearly rent, or sum of two pounds and five shilling or any part thereof,
of the said amerciament shall be in arrear, or unpaid for the space of ten
days next after any, or either of the times of payment of the same as aforesaid,
and no sufficient distress during all that time can, or may be openly found
had and peaceably taken in, or upon, the said demised premises, whereby the
same with lawful charges attending such distress may be fully levied, satisfied,
and paid. Or if the said John WALTERS, his executors, administrators, or
assigns shall suffer the said premises, or any part thereof to be ruinous
or in decay to the value of twenty shillings, and the same shall not amend
and repair within three months next after notice so to do, to him or them,
given or left on the said premises, or at his or their place, or respective
places of abode, (for the time being). Or do or shall commit, permit, or
suffer any act whatsoever prejudicial to the inheritance of, and in,
the said demised premises. Or shall otherwise fail in the due performance
of these presents. Then in all, any, or either of the cases aforesaid, it
shall, and may be, lawful unto and for the said Elizabeth LEY and Edwin LEY,
and the survivor of them, her or his heirs, and assigns and also the said
John JAGO, John JAMES, John WILLIAMS, Michael WILLIAMS William WILLIAMS and
John GEACH their heirs and assigns (according to the nature and extend of
their respective estates aforesaid) into, and upon, the said several premises,
or any part in the name of the whole, to re-enter the same with all buildings
and improvements thereon, to have again repossess and enjoy as in their respective
former estate or right.
And the said Lessors, their Heirs, and assigns, all and singular the said
several hereby demised premises, with the appurtenances (except as before
excepted), unto the said John WALTERS, his executors, administrators, and
assigns in manner and form, and during all the term aforesaid, against all
persons whomsoever shall, and will, warrant, acquit and defend by these presents.
In witness whereof the parties aforesaid to these presents their hands, and
seals, interchangeably have set the day and year first above written.
Wm WILLIAMS (signature and seal)
John GEACH (signature and seal)
John WILLIAMS (signature and seal)
Michael WILLIAMS (signature and seal)
John JAGO (signature and seal)
Jn JAMES (signature and seal)
Eliza LEY (signature and seal)
Edwin LEY (signature and seal)
Stamp Duty: one pound fifteen shillings, Cornwall 7.4.40
T.2s:9d
Transcribed by jacqy FAULL Aug 2004
+++
NB There is no punctuation in the document – I have added it where I saw
fit.
Original copy held by Cornwall Record Office
NOTES pertaining to above Indenture.
The Thomas FAULL referred to above, is:
Thomas FAULL chr 6 May 1797 / 1798 St Agnes nr Truro C053061 (IGI shows
both years)
marr 20 Oct 1821 Catherine HAM at St Agnes bn c 1795-1800 St Agnes M053061,
witnesses Thomas FAULL and Roger DANIEL FP2/1/12
Register no 258. Registrar Joseph NEWTON. DX2678002 PASD 533364/1/2000.
Thomas died of cancer 41yrs 12 Jan 1840 St Day Gwennap & Stithians, register
no 100 – Mar Qtr 1840 Redruth.GRO 9 160, buried 14 January 1840 parish register
351 minister Curate ALEX ALLEN VAWDREY. John HAM in attendance at death.
Registrar ? WILLIAMS.
1841 census - 6 Jun 1841 – Catherine 45 wid living at Tressodern St Day Gwennap
HO 107/137/12-40 p16
1851 census HO 107/1909/474 p 18 Wheal Rose St Agnes Catherine is 56yrs wid
housekeeper living with her 2 younger daughters, Catherine and Jane. She
is living next door to John FAULL and his second wife Mary Ann PHILP
1861 census Catherine, housekeeper wid 60yrs bn Kenwyn living at Wheal Rose
Mt Hawke Blackwater St Agnes RG9/1554-8 p12 – living next door to Henry FAULL
/ Jennifer WEARN and Elijah FAULL / Elizabeth FAULL nee PEARCE
Catherine, died 6 Jul 1865 at Goonearl St Agnes, 65yrs, widow of Thomas FAULL,
copper miner. Died of natural decay. Death not certified. Informant at death
was William WILLIAMS of Church Town St Agnes. Death registered on 8 July
1865 – registrar Isaac ROWSE. Register no 29. PAS572010/2/2000
DXZ 733359
+++
1841 census shows these families relevant to the Indenture above:
HO107/143 Place: Penwith-Cornwall Enumeration District: 2
Civil Parish: Madron Ecclesiastical Parish: -
Folio: 28 Page: 12
Address: Cliff
LEY Elizabeth F 70 Ind Cornwall
LEY Edwin M 35 Ind Outside Census County (1841)
LEY Emma F 40 Ind Outside Census County (1841)
MITCHELL Mary F 35 F S Cornwall
COTTON Margaret F 30 F S Cornwall
PEARCE William Webb M 20 M S Cornwall
STACEY John M 20 M S Cornwall
+++
QUERY: The Indenture was dated Sep 1839 so why weren’t Johns daughters Margret
and Ann, and wife Margery, who were around in the 1841 census mentioned in
the indenture?
HO107/149 Place: Pydar-Cornwall Enumeration District: 12
Civil Parish: St Agnes Ecclesiastical Parish: -
Folio: 43 Page: 11
Address: Skinners Bottom
WALTERS John M 35 Copper Miner Cornwall
WALTERS Margery F 35 Cornwall
WALTERS Margret F 14 Cornwall
WALTERS John M 12 Cornwall
WALTERS Martha F 9 Cornwall
WALTERS Lydia F 7 Cornwall
WALTERS Ann F 4 Cornwall
BENNETTS Richard M 20 Copper Miner Cornwall
KING Edward M 20 Copper Miner Cornwall
+++
Piece: HO107/154 Place: Kerrier-Cornwall Enumeration District: 8
Civil Parish: Falmouth Ecclesiastical Parish: -
Folio: 22 Page: 1
Address: Market Strand
FOX Hester F 75 Shopkeeper Cornwall
MILLS Hester F 40 Independent Cornwall
LAWRENCE Elizabeth F 30 Female Servant Cornwall
PEARCE Ann F 30 Female Servant Cornwall
BARRETT Frances F 30 Female Servant Cornwall
HANNAH Fanny F 30 Independent Cornwall Page: 23/2
JAGO John M 45 Independent Cornwall
Jn JAMES (signature and seal)
Eliza LEY (signature and seal)
Edwin LEY (signature and seal)
Stamp Duty: one pound fifteen shillings, Cornwall 7.4.40
T.2s:9d
Transcribed by Jacqy FAULL Aug 2004
Original document held by Cornwall Record Office