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SHILLINGHAM 29 Sept 1789

James Buller Esquire  
To Counterpart of lease of a house in the
Borough of Bodmin
Robert Flamank  
   
Consideration  10.. 0.. 0..
Yearly Rent  2.. 0.. 0..
Herriot  2.. 0.. 0..

Lives
Robert aged about 22
Samuel his brother 17 Years
William Phillipps 3

This Indenture made the twenty ninth day of September in the twenty ninth year of the reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King defender of the faith and so forth and in the year of our Lord One thousand Seven hundred and Eighty Nine BETWEEN James Buller of Shillingham in the County of Cornwall Esquire of the one part and Robert Flamank of the Borough of Bodmin in the same County Wool stapler of the other part WINESSETH that for and in consideration of the sum of Ten Pounds of lawful money of Great Britain to him the said James Buller in hand paid by the said Robert Flamank at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged He the said James Buller HATH granted demised leased Set and to Farm Let and in and by these presents DOTH grant demise lease set and to Farm let unto the said Robert Flamank his executors administrators and assigns ALL the moiety or Halfendeale of and in a certain dwelling house and Courtledge thereto belonging situate in the said Borough of Bodmin theretofore in the possession of William Hodge deceased and now of him the said Robert Flamank bounded on the North and east with the lands formerly of William May on the South with the lands of Trefusis and on the West with the street called Crockwell Lane together with all commons easements priviledges and appurtenances to the same belonging EXCEPTING and always RESERVING out of this recent grant and demise unto the said James Buller his heirs and assigns all Tin toll Tin Lead Copper and Copper Ore and all Miners Metals and Minerals whatsoever now found digged or wrought or hereafter to be found digged or wrought in or upon the said premises or any part or parcel thereof and all timber trees whatsoever now growing or hereafter to grow in or upon the said premises or any part or parcel thereof and also all and every stream and streams of water and watercourses whatsoever now arising running and flowing in and upon the said premises or any part or parcel thereof together with free liberty of ingress egress and regress unto and for the said James Buller his heirs and assigns or his or their workmen servants or agents as well to dig delve work and search for Tin Copper lead and other metals and minerals and the same there found to break bring to grass dress and make merchantable and from thence to take and carry away the same and to erect and make any engine or engines upon the said premises for the better discovering or working any such mine or mines as aforesaid and to cut down and carry away any timber trees growing or to grow on the said premises at his and their wills and pleasure and also to divert and turn the said waters and to dig delve and cut passages for the same for conveying thereof from place to place in and upon the said premises or else where when and as often as they shall think fit and at his and their wills and pleasure TO HAVE AND TO HOLD all and singular the said premises hereby granted and demised and every part and parcel thereof (except before excepted) unto the said Robert Flamank his heirs and assigns from henceforth for and during the natural lives of the said Robert Flamank party hereto aged about twenty two years Samuel his brother aged about seventeen years and William Phillipps son of the reverend Nicholas Phillipps of Bodmin aforesaid Aged about three years and for and during the natural life of each and every of them longest living the said Robert Flamank his heirs and assigns YIELDING AND PAYING therefore yearly and every year during the said term unto the said James Buller his heirs and assigns the yearly rent or sum of Two shillings of lawful money of Great Britain by even and equal quarterly payments to be divided and paid at the four most usual feasts or days of payment of rent in the year (that is to say) the feast of the Birth of our Lord Christ the annunciation of our blessed Lady the virgin Mary the nativity of saint John the Baptist and the feast of Saint Michael the archangel the first payment thereof to begin and be made on such of the said feast days as shall first and next happen after the commencement of the said term and also yielding and paying the sum of two shillings by and upon the death and decease of each and every of them the said Robert Flamank Samuel Flamank and William Phillipps for and in the name of an herriot or parties REPAIRING also and well and sufficiently sustaining and maintaining the said demised premises and every part and parcel thereof as well in houses walls coverings hedges ditches gates and fences in all other new full and necessary reparations whatsoever and the same in the end of the said term so well and sufficiently repaired shall and will leave and yield upon AND ALSO doing suit and service at all and every the Courts of the said James Buller to be held annually for the lands of Shillingham and executing the office of Reeve for the said lands when and as often as shall be required AND IF IT HAPPEN that the said yearly rent or sum of Two shillings or any part thereof shall be behind and un paid in part or in the whole by the space of ten days next after any or either of the said feasts or days of payment aforesaid whereon the same ought to be paid being lawfully demanded and not paid and no sufficient distress during all that time can or may be had or found in or upon the said premises whereby the said rent and other the dues aforesaid with the arrears (if any be) can or may be fully levied satisfied and paid together with the costs and charges of levying the same OR do or shall permit or suffer the said premises or any part thereof to be ruinous and in decay to the value of forty shillings and the same do not sufficiently amend and repair with three months next after notice to him or them given or left at his or their last habitation or place of abode OR do or shall wittingly or willingly commit or suffer to cause to be done committed or suffered any act matter or thing whatsoever which shall or may be hurtful or prejudicial to the title or estate of inheritance of him the said James Buller his heirs and assigns that then and from thenceforth for all any or either the causes aforesaid it shall and maybe lawful to and for the said James Buller his heirs and assigns into and upon the said premises with the appurtenances or into any part thereof in the name of the whole to re-enter and the same to have again repossess and enjoy as in his or their former right or estate these presents or any thing herein contained to the contrary thereof in any wise so withstanding AND the said Robert Flamank doth hereby for himself his heirs executors and administrators and assigns covenant promise and agree to and with the said James Buller his heirs and assigns that he the said Robert Flamank shall and will well and truly pay or cause to be paid the above said yearly rent or sum of Two shillings and other the dues aforesaid in manner and form aforesaid and also shall and will during the said term when and as often as need shall require well and sufficiently repair sustain uphold and keep the said premises and every part thereof as well in houses walls coverings hedges ditches gates and fences as in all other need full and necessary reparations whatsoever and the same in the end thereof so well and sufficiently repaired shall and will leave and yield up AND the said James Buller doth in and by these presents for himself his heirs executors and administrators covenant promise and agree to and with the said Robert Flamank his heirs executors and administrators that it shall and may be lawful to and for the said Robert Flamank his heirs executors and administrators and assigns by and under the due observance payment and performance of the rent covenants conditions reservations and agreements herein contained when and as often as the same are and shall become due and payable quietly and peaceably to have hold or occupy possess and enjoy the said demised premises and every part and parcel thereof without the lawful let suit trouble interruption hindrance claim or denial whatsoever of him the said James Buller or any other person or persons whatsoever lawfully claiming or to claim the same or any part thereof by from or under him or them or any or either of them AND the said James Buller hath made constituted and appointed and in and by these presents doth make constitute and appoint Francis Paynter of Trekenning in the said County of Cornwall Gentleman and James Tresise of the parish of Saint Columb Major in the same county his true and lawful attornies Jointly and severally for him and in his name to enter into and upon all and singular the before devised premises or into some part thereof in the name of the whole to take and after such possession and seizing thereof so had and taken the like peaceable possession and seizing thereof or some part thereof in the name of the whole to deliver over unto the said Robert Flamank or his certain attorney or attornies in that behalf to be by the said Robert Flamank lawfully authorized to hold to him his heirs and assigns according to the purpose true intent and meaning of these presents hereby ratifying and allowing all and whatsoever his said attornies or either of them shall do in and about the said premises by virtue of these presents IN WITNESS whereof the parties aforesaid to these presents their hands and seals have set the day and year first above written
Signed at the bottom of the document (Signed) Robert Flamank

On the reverse of the document:
Sealed and delivered in the presence of (Signed) Francis Paynton Edmund Nichols

Be it remembered that on the third day of December in the year of our Lord One thousand seven hundred and eighty nine full peaceable possession and seizing was had and taken of the premises within mentioned by James Tresise one of the attornies within named and by him the said James Tresise delivered over to the said Robert Flamank according to the contents of the within indenture
Witnessed by (Not signed)

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Transcribed by David Casley, from a document in the Malcolm McCarthy collection