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INDENTURE
Dated 5th January 1841
Reverend J M St AUBYN
to
Henry and Samuel LAITY, yeomen
Counterpart Lease of part of the Barton of Clowance in Crowan
Term 15 years from Michaelmas 1840
Rent £160 first year and £260 remainder of term
DDRH156
This indenture made the fifth day of January in the year of our Lord one
thousand eight hundred and forty one between the Reverend John Molesworth
St AUBYN, of Clowance in the County of Cornwall, Clerk, of the one part and
Henry LAITY, of the parish of Crowan in the said County, and Samuel LAITY
of the town of Marazion, in the said county, yeomen, of the other part.
Witnesseth that the said John Molesworth St AUBYN in consideration of the
yearly rent, covenants, conditions, hereinafter reserved and contained had
demised and leased, and by these presents doth demise and lease unto the said
Henry LAITY and Samuel LAITY, all that part of the Barton of Clowance in
the parish of Crowan aforesaid, late in the occupation of Thomas FAULL,
Edward POOLEY and Robert LIBBY, containing about one hundred and forty
eight acres, two roods and twenty seven poles customary.
Also all that field called the south east field in the said parish of Crowan,
late in the occupation of James COURTIS and George COURTIS, containing about
twelve acres, three roods and eighteen poles (customary), together with a
part of the downs called the Nine Burrow Downs and Tregear Downs in the said
parish of Crowan, containing abut fifty two acres, and three roods customary,
all which said premises are now in the occupation of the said Henry LAITY
and Samuel LAITY together with all houses and other buildings thereto belonging,
excepting and reserving hereout unto the said John Molesworth St AUBYN his
heirs and assigns, all ores, metals, minerals, clay, marle, stone and quarries
of stone with liberty to carry away, dig, work for, and carry away the same,
at pleasure and to erect any houses, engines, or machines for raising and
returning the same.
And also excepting all the waters and watercourses whatsoever, with liberty
to conduct any streams of water into, over, through or from, the said premises,
and for that purpose to make such dams, channels and works as he or they shall
think proper. And also excepting all trees and sapling, with power of entry
for felling, rooting up and carrying away the same at pleasure. And also
at liberty to plant any trees, at any time, during the term hereby granted,
on any part of the said premises.
And also excepting all game and rabbits, and all royalties whatsoever, with
liberty and power for him, and them, or any others by him, or them authorised
to hunt and shoot over the said premises.
To have and to hold the premises hereby demised with the appurtenances (except
before excepted) unto the said Henry LAITY and Samuel LAITY, their executors,
administrators and assigns for the term of fifteen years to be computed from
the twenty-ninth day of September last.
Yielding and paying therefore, during the first year of the said term, the
rent or sum of the said term, the rent or sum of one hundred and sixty pounds
and yearly, and every year during the remainder of the said term, the rent
or sum of two hundred and sixty pounds of lawful money of Great Britain, by
equal quarterly payments at Christmas, Ladyday, Midsummer, and Michaelmas,
the first of such payments being considered as having become due at Christmas
last.
And the said Henry LAITY and Samuel LAITY do hereby for themselves, jointly
and severally, and for their joint and several heirs, executors, and administrators,
covenant and agree with the said John Molesworth St AUBYN, his heirs, and
assigns, that they the said Henry LAITY and Samuel LAITY, their executors,
administrators, or assigns, shall, will and pay the said several yearly rents
of one hundred and sixty pounds, and two hundred and sixty pounds, quarterly
without any deduction or abatements whatsoever, in manner aforesaid, an according
to the true meaning of these presents.
And also pay and discharge the land tax, tithe, commutation, rent, charged
and the proportionate part thereof, to the end of the said term, and all other
parliamentary or parochial taxes, rates, assessments, or outgoings whatsoever
in respect of the said premises during the said term.
And also shall and will, well and sufficiently repair the said premises
and every part thereto, when and so often as need, or occasion, shall be
required during the said term (except the wall and timbers and slating of
the roofs of the houses on the said premises which are to be repaired by
the said John Molesworth St AUBYN, his heirs, and assigns unless the same
(when thatched), shall be injured, for want of a good and sufficient thatch
covering, in which case they are to be repaired by the said Henry LAITY and
Samuel LAITY, their executors, administrators, and assigns), and the same
so well and sufficiently repaired (except as aforesaid) shall, and will,
at the expiration or other determination of the said term peaceably leave
and yield up.
And further that they the said Henry LAITY and Samuel LAITY, their executors,
administrators and assigns, shall not, nor will, rake up for tillage any part
of the said premises which shall not have been in pasture for at least three
years immediately preceding.
And shall and will manure every part of the said premises broken up for
tillage during the said term with good compost of which at least one eighth
part shall be ? ? straw compost every ? which straw
? or ? ? therefore and leave the same thereon at the determination of this
demise.
And shall not cut any part of the same ? ? hay twice in any one year nor
two years successively. Nor cut a larger quantity of hay than usual during
either of the last three years of the said term. Nor in any one year have
more than one third part of the arable land in tillage. Nor cut any trees
or saplings, nor destroy, nor injure the same, nor any thorns, quicksets or
hedgewood on the hedges belonging to the said premises, but cut the said thorns,
quicksets and hedgewood at the proper seasons of the year, and then lay down
sufficient parts thereof and preserve and keep alive all stocks and roots
of the same, and properly cast and make new make the hedges, and repair all
gaps. and bad and low peaces therein. to the full height of the adjoining
parts of the same hedges. Nor cut any more furze or fuel from the said hedges.
nor from any other part of the said premises during either of the last three
years of the said term than for his. or their family. use on the said premises.
Nor cut or pare any turf or soil for burning, or for sale, in any manner
whatsoever without the special leave in writing of the said John Molesworth
St AUBYN, his heirs, and assigns in every instance in which it may be required.
And shall, and will, in all other matters not herein provided for, crop
and manage, and manure the said premises according to the most approved rules
of good husbandry.
And also shall, and will, permit and suffer, the said John Molesworth St
AUBYN, his heirs, and assigns, or any incoming tenant, at any time after the
tenth day of May in the last year of the said term, to enter into the yards
and other parts of the said premises, and from thence with horses, cattle
and carriages to take and carry out all the dung, earth and compost, and
to lay the same in mixens on some convenient part of the said premises, and
at any time after Midsummer to take exclusive possession of such parts of
the said premises as shall be next in turn for wheat, and to break up manure
and prepare the same for wheat, and to use all convenient and accustomed ways
for that purpose, and also to depasture and keep his, and their, working cattle
on the ground so to be taken.
And Lastly that they the said Henry LAITY and Samuel LAITY, their executors,
administrators, and assigns shall not assign, underlet, or in any manner,
part with the possession, or occupation, of the said premises, or any part
thereof, to any person, or persons, whomsoever without the previous written
licence of the said John Molesworth St AUBYN, his heirs, or assigns
Provided always, and it is hereby declared and agreed, that if the said
rent shall remain unpaid after either of the quarter days aforesaid, or if
the said Henry LAITY and Samuel LAITY, their executors, administrators or
assigns, shall not observe and act agreeable to all and every the covenants,
exceptions, and agreements hereinbefore contained, or shall or do commit,
or suffer to be done or committed, any voluntary waste, spoil, or destruction,
or shall become bankrupt, or insolvent. Then in all, any, or either of the
said cases, it shall be lawful for the said John Molesworth St AUBYN, his
heirs, and assigns, into the said premises and to re-enter and the same to
repossess, and enjoy, as in his, or their former estate.
Provided also, and it hereby declared and agreed, that in case the said
Henry LAITY and Samuel LAITY, their executors, administrators and assigns,
shall cut any part of the said premises for hay twice in any one year, or
two years successively, or shall cut any turf or soil for burning, or for
sale, contrary to the covenants in these respects hereinbefore contained,
that then they the said Henry LAITY and Samuel LAITY, their executors, administrators,
and assigns, shall forfeit, yield, and pay to the said John Molesworth St
AUBYN, his heirs, and assigns, for every such extra cutting of hay at the
rate of eight pounds per acre, and for every such cutting of turf or soil
at the rate of twenty pounds per acre, which said penalties shall be added
to the next quarters rent, and be recoverable by distress or otherwise in
the manner as the rent hereinbefore reserved.
Provided also, and it is hereby declared and agreed, that it shall be lawful
for the said Henry LAITY and Samuel LAITY, their executors administrators,
and assigns, to have the use of the Barn and Mowhay on the said premises,
until the twenty-fifth day of March after the expiration of the said term,
for the purpose of returning the corn of the last years growth, leaving the
straw thereof (except wheaten Reed) upon the said premises, for the benefit
of the said John Molesworth St AUBYN, his heirs, or assigns, or any new tenant
or tenants.
In Witness whereof, the parties aforesaid to these presents, their hands
and seals have set the day and year first above written.
Henry LAITY (signature)
Saml LAITY (signature)
Transcribed by Jacqy FAULL Aug 2004
Original copy held by the Cornwall Records Office
1841 census - poss connections
1841 census HO107/141/12 pg17 ED1 Truthall Crowan Penwith-Cornwall
POOLEY Edward M 65 Farmer Cornwall
POOLEY Mary F 55 Cornwall
POOLEY Grace F 20 Cornwall
POOLEY John M 15 Cornwall
POOLEY Henry M 15 Cornwall
VANDERSLUYS Robert M 25 Male Servant Cornwall
SHEIR Eleanor F 15 Female Servant Cornwall
UREN Simon M 11 Male Servant Outside Census County (1841)
And son
1841 census HO107/141/13 pg18 ED1 Truthall Crowan Penwith-Cornwall
POOLEY Edward M 25 Butcher Cornwall
POOLEY Jane F 20 Cornwall
1841 census HO107/141/29 pg9 ED6 Clowance Crowan Penwith-Cornwall
LIBBY Robert M 51 Farmer Cornwall
LIBBY Elizabeth F 54 Cornwall
LIBBY Francis M 19 Cornwall
LIBBY Elizabeth F 18 Cornwall
LIBBY Matthew M 9 Cornwall
And son
1841 census HO107/141/18 pg28 ED5 Clowance Wood, Crowan Penwith-Cornwall
LIBBY Robert M 25 Farmer Cornwall
LIBBY Mary F 20 Outside Census County (1841)
LIBBY Benjamin M 1 Cornwall
LIBBY Mary F 15 Female Servant Cornwall
HO107/144 Place: Penwith-Cornwall Enumeration District: 5
Civil Parish: St Erth Ecclesiastical Parish: -
Folio: 64 Page: 2
Address: Tregethas
, , LAITY , , Henry , , M ,
, 40 , , Farmer , , Cornwall , ,
, ,
, , LAITY , , Mary , , F ,
, 30 , , , , Cornwall , ,
, ,
, , LAITY , , Henry , , M ,
, 2 , , , , Cornwall , ,
, ,
, , LAITY , , William , , M ,
, 10m , , , , Cornwall , ,
, ,
, , HANCOCK , , Harriot , , F
, , 25 , , Female Servant , , Cornwall
, , , ,
, , GOLDWORTHY , , Catherine ,
, F , , 15 , , Female Servant ,
, Cornwall , , , ,
, , EDWARDS , , Richard , , M
, , 15 , , Ag. Lab. , , Cornwall
, , , ,
, , SEMMENS , , Samuel , , M
, , 14 , , Ag. Lab. , , Cornwall
, , , ,
, , SEMMENS , , John , , M ,
, 14 , , Ag. Lab. , , Cornwall ,
, , ,
, , CLEMENTS , , Kitty , , F
, , 50 , , Female Servant , , Cornwall
, , , ,
HO107/144 Place: Penwith-Cornwall Enumeration District: 3
Civil Parish: St Hilary Ecclesiastical Parish:
Folio: 44 Page: 12
Address: Fore Street
, , LAITY , , Samuel , , M ,
, 67 , , Farmer , , Cornwall , ,
, ,
, , LAITY , , Elizabeth , , F
, , 67 , , Farmer , , Cornwall ,
, , ,
, , BLAKE , , John , , M ,
, 30 , , Agricultural Labourer , , Cornwall
, , , ,
, , WILLIAMS , , Elizabeth ,
, F , , 30 , , Female Servant ,
, Cornwall , , , ,
, , CADDY , , Lavinia , , F ,
, 15 , , Female Servant , , Cornwall , , , ,
HO107/144 Place: Penwith-Cornwall Enumeration District: 11
Civil Parish: St Hilary Ecclesiastical Parish:
Folio: 35 Page: 1
Address: Trevarthin
, , LAITY , , John , , M ,
, 69 , , Farmer , , Cornwall , ,
, ,
, , LAITY , , Elizabeth , , F
, , 54 , , , , Cornwall ,
, , ,
, , LAITY , , Richard , , M ,
, 31 , , , , Cornwall , ,
, ,
, , LAITY , , Thomas , , M ,
, 27 , , , , Cornwall , ,
, ,
Page: 36/2 , , LAITY , , Henry ,
, M , , 23 , , , , Cornwall
, , , ,
, , LAITY , , Silas , , M ,
, 21 , , , , Cornwall , ,
, ,
, , LAITY , , George , , M ,
, 15 , , , , Cornwall , ,
, ,
, , LAITY , , Amelia , , F ,
, 13 , , , , Cornwall , ,
, ,
, , SEMMENS , , Edward , , M
, , 25 , , Agricultural Labourer ,
, Cornwall , , , ,
, , TREVARTHEN , , William ,
, M , , 19 , , Agricultural Labourer ,
, Cornwall , , , ,
, , ROWE , , Elizabeth , , F
, , 55 , , Female Servant , , Cornwall
, , , ,
, , WILLIAMS , , Cathorine ,
, M , , 23 , , Female Servant ,
, Cornwall , , , ,
, , CADDY , , Elizabeth , , F
, , 11 , , Female Servant , , Cornwall
, , , ,
Piece: HO107/144 Place: Penwith-Cornwall Enumeration District: 4
Civil Parish: St Erth Ecclesiastical Parish: -
Folio: 52 Page: 5
Address: Bosence
, , COURTIS , , James , , M ,
, 40 , , Farmer , , Cornwall , ,
, ,
, , COURTIS , , Mary , , F ,
, 30 , , , , Cornwall , ,
, ,
, , COURTIS , , Ann , , F ,
, 12 , , , , Cornwall , ,
, ,
, , COURTIS , , James , , M ,
, 9 , , , , Cornwall , ,
, ,
, , COURTIS , , Louisa , , F
, , 4m , , , , Cornwall ,
, , ,
, , STAPLETON , , Thomas , ,
M , , 18 , , Male Servant , , Cornwall
, , , ,
, , PASCOE , , Mary , , F ,
, 17 , , Female Servant , , Cornwall ,
, , ,
, , TRENEWOON , , William , ,
M , , 10 , , Male Servant , , Cornwall
, , , ,
Piece: HO107/144 Place: Penwith-Cornwall Enumeration District: 4
Civil Parish: St Erth Ecclesiastical Parish: -
Folio: 52 Page: 5
Address: Bosence
, , COURTIS , , George , , M
, , 65 , , Farmer , , Cornwall
, , Surname as previous household. , ,
, , COURTIS , , Jane , , F ,
, 60 , , , , Cornwall , ,
, ,
, , COURTIS , , Jeremiah , ,
M , , 18 , , Ag. Lab. , , Cornwall
, , , ,
, , CHYNOWDEN , , Gabriel , ,
M , , 13 , , Male Servant , , Cornwall
, , , ,
, , POPE , , Jane M , , F ,
, 15 , , Female Servant , , Cornwall ,
, , ,
, , GUNDRY , , Ann , , F ,
, 30 , , , , Cornwall , ,
No occu. given ?? , ,
, , COURTIS , , Rebekah , , F
, , 20 , , , , Cornwall ,
, , ,
Transcribed by Jacqy FAULL Aug 2004
Original document held by Cornwall Record Office