Further legal papers, Chancery case, Enys versus Tonkin


 The following transcriptions, from collection EN/196, are further legal papers from the Chancery case between Enys and Tonkin, 1719-1730.

EN/196

 “Summary document in the case of Samuel Ennys Esq pl[aintiff] and Thomas Tonkin Esq Def[endan]t To move prouf Notice annext The pl[aintiff]s case on the 16th of January 1710 the pl[aintiff] lent the Def[endant] £5000 on assignem[en]t. Of a Mortgage of lands in Cornwall [ ? ] whereof the Def[endan]t is seized in fee other [ ? ] only ten[a]nt for life w[i]th Rem[ain]d[er] to his wife & first & other sonnes & other [ ?] being [Chetts?] reall held by Leases for 3 lives & on 17th of January 1711 the pl[aintiff] lent him the further sume of £2169 on Security of the Equity of Redemp[t]eon of the same premises & under a Provisoe that both s[ai]d Mortgages sh[oul]d be voyd on paym[en]t of £7169 w[hi]ch Interest on 16th July then next. That the Def[endan]t neglecting to pay the principall money & interest & being got into the house of Comens bid the pl[aintiff] Defiance & thereupon in Trinity Terme 1713 the pl[aintiff] Exhibited his bill for a foreclosure & Petic[i]oned the house that Def[endan]t might waive his priviledge & putt the pl[aintiff] to very great charges thereon but at last they came to an Agreem[en]t & by an order by consent. 12th February in the reign of George One Mr Henry Hawkins was appointed Receivor of the premises in quecon[question] & had power to grant Leases of the Entaytled Lands w[hi]ch the Def[endan]ts Consent & was to pay pl[aintiff] £350 the same February £350 on the 2nd of August £350 on the 2nd of February 1715 & £350 on the 2nd of August 1716 & if Def[endan]t sh[oul]d Pay pl[aintiff] on or before 23 of August 1716 £8000 & such other Sumes as appeare to be further due then pl[aintiff] was to abate the Def[endan]t £1000 out of the whole & release all Costs at Law in Equity & Assigne his Securityes but in default of such paym[en]ts The pl[aintiff] was at Liberty to sett downe this Cause to be heard for obtaineing a Decree for speedy sale of s[ai]d premises within six Months after such Decree in ord[er] to pay pl[aintiff] his principall & Interest due on s[ai]d premises with costs w[i]thout any abatem[en]t of s[ai]d & the Deft was to appeare gratis on ten days notice to his Clarke in Court & waive his priviledge in Parliam[en]t That Mr Hawkins made pretty good paym[en]ts of s[ai]d halfe yearly paym[en]ts of £350 but the Def[endan]t tooke noe care to pay the £8000 & thereupon the pl[aintiff] procured the Cause to be sett downe for Hearing 8th February third year George The Cause came to be heard & the Def [endan]t (for delay) made default & the pl[aintiff] only obtained a Decree Nisi Causa for sale of s[ai]d Estate pursuant to s[ai]d Orde[r] by Consent 26th October 4th year of George The Cause came to be heard at origine & the Court declared the same noe Cause to alter the direccons[directions] given on the former Hearing & Ord[er] the Decree to be made absolute That [ ? ] of the pl[aintiff] s security was made up by assigm[en]t of a Lease of the Moyety of the Tole Tynn being [ ? ] of the Dutchy of Cornwall held on lives & the last life dyeing ab[ou]t a year and halfe since the pl[aintiff] applied for renew the Lease as [ ? ] of his Security but by the Def[endan]ts contrivance & to defraud him of that parte of his Security the same is ord[er]ed to be granted to one Mr Henry Vincent a Cousin German of the Def[endan]ts who had the other Moyety That soon after the last Decree the Estates were advertised to be sold by the direccon of Mr Orlebar the Ma[ster] who was directed to take the Acco[un]t & to see the premises sold for paym[en]t of pl[aintiff]es Debt. 6th June 1719 The Ma[ster] Certifyed there was due to pl[aintiff] from the Def[endan]t for principall Interests & Costs on the mortgage in queecn [question] the 21st of Aprill last £9104 12s 6d w[hi]ch Rep[or]t is since absolutely confirmed in same 6th June 1719 the Ma[ster] Certifyed the pl[aintiff] the best Purchasor of the premises in quecon[question] for the sume of £7200 8th June This last Rep[or]t was ord[er]ed to be confirmed Nisi Causa 17th June The Def[endan]t came to shew cause ag[ains]t the last Rep[or]t & order & prayed to goe back pretending that one Mr Francis Foote did give £7300 for the Estate w[hi]ch was ord[er]ed but the Def[endan]t was procure a better Purchasor by the first Seale after the Terme or the orde[r] of the 8th June for confirmeing Nisi was to be absolute 23rd June 1719 The Ma[ster] Certifyed that one Mr Francis Saule offered £7300 for the Estate having a good tytle made to him but the pl[aintiff] offered to give £8000 for the Estate and take the tytle at all adventures and thereupon the Ma[ster] Certifyed the pl[aintiff] the best Bidder and allowed him to be the best purchasor for £8000 24th June The Rep[or]t was confirmed Nisi Causa 25th June The Def[endan]t was Served w[i]th the Orde[r] Nisi 8th July 1719 The Rep[or]t was made absolute Note after the cause was last heard & for above a yeare last past one Mr Henry Vincent the Def[endan]ts Cousin German (& who hath the Tole Tyn granted to him) entred into a Treaty w[i]th the pl[aintiff] & pretended he [ ? ] pay the pl[aintiff] £7500 in the [ ? ] of the Debt and take an Assigm[en]t & seve[r]all meetings were had & the Assigm[en]t drawne & approved of & engrossed but all this was purely to get tyme to get a grant of the Tole Tyn & was in a meer impossicon [imposition] on the pl[aintiff] and thereupon the pl[aintiff] hath proceded in the manner above menconed [mentioned] & the pl[aintiff] having been this long delayed and there being £1104 12s 6d reported due to the pl[aintiff] more than the whole Estate is now sold for Therefore pray according to the Notice for poss[ess]ion to be delivered that the Def[endan]t may be enjoyned from receiving rents and profits & may release or convey or if possible that the Ten[a]nts may pay their rents to the pl[aintiff]”

EN/196/1

“To move for a writ of assistance to putt pl[aintiff] into passion of w[hi]ch in Samuell Ennys Esq pl[aintiff] Thomas Tonkin Esq Def[endan]t To move for a writ of assistance directed to the Sheriff of Cornwall to putt the pl[aintiff] into the possession of the premises in quecon [question] The pl[aintiff]s case The pl[aintiff] was [ ? ] Mortgage of premises in quecon for £7109 p[ai]d money by Deed dated 16th January 1710 but the Def[endan]t not paying the Interest in 1713 the pl[aintiff]s executed his bill of foreclosure but the Def[endan]t being then a Member of Parliament on 12th February 1714 they entered into an ord[er] by consent whereby one Mr Hawkins was appointed Reciev[er] & was to pay certain sums therein mentioned halfe ye arly to pl[aintiff] & if Def[endan]t sh[oul]d pay pl[aintiff] £8000 on 23rd Aug[us]t 1716 the pl[aintiff] sh[oul]d abate £1000 & whereas all costs but in default of payment pl[aintiff] was at lib[er]ty to putt down the Cause to be heard for obtaining a speedy sale in ord[er] to pay pl[aintiff] all principall Interests & Costs That Def[endan]t failing to pay s[ai]d £8000 the Cause was heard 8th February 3rd Regis when a sale was Decreed & the am[oun]t was referred to Mr Orlebar but the Def[enda]t then made Default 26th October 4th Regis the Decree was made absolute 6th June 1719 The Ma[gistra]te Reported due to pl[aintiff] £9104:12;6 w[hi]ch Rec[eip]t was absolutely confirmed 24th of the same month 23rd June 1719 The Ma[gistra]te certified the pl[aintiff] the best purchasor of Mortgaged premises for £8000 being £700 more than any other person offered to give for the same w[hi]ch Rec[eip]t was absolutely confirmed on 8th July last 15th July 1719 The pl[aintiff] obtained an Ord[er] that the Def[endan]t sh[oul]d forthw[it]h deliver possession of premises in quecon to pl[aintiff] & be enjoyned from recieving any more of the rents & profits thereof wh[ic]h Ord[er] was putt under the Seale of the Co[ur]t But def[endan]t absconding for as he could not be served w[i]th the Writt of Execuion [execution] of s[ai]d Ord[er]. 27th October 1719 The pl[aintiff] obtained an ord[er] that service of the Writt of Execion [execution] of the ord[er] on Mr Charles Bayliss the Def[endan]ts Clarke in Co[ur]t sh[oul]d be delivered good service of the Def[endan]t And Mr Bayliss having been served therewith 4th Dec[embe]r 1719 The pl[aintiff] obtained an Ord[er] for an injunction to putt pl[aintiff] into poss[ess]ion & that served on Mr Bayliss sh[oul]d be deemed good service of the s[ai]d Def[endan]t and Mr Bayliss having been served w[it]h the injunction and poss[ess]ion demanded by virtue of a Letter of Attorney for that purpose Therefore pray now as above. We have given notice of the decision ?”

EN/196/5

 “Whereas by an Ord[er] of the 9th day of July decimo ann. Regi t(10th year of the King) for the reasons therein contained Itt was Ord[er]ed that all proceedings on the Ejectm[en]ts Bro[ugh]t by Mrs Elizabeth Vincent as Executor of Shadrach Vincent for parte of the p[re]misses in quecon [question] should be stayed untill the further Ord[er] of this Court And whereas by an Ord[er] of the 12th day of January last the s[ai]d Elizabeth’s Counsell then moving to Discharge the said former Ord[er] It was Ordered It should be referred to Mr Conway one of the Mag[istrate]s of this Court to look into the severall Leases under w[hi]ch the s[ai]d Elizabeth Vincent Claymed and to state to the Court the same & the time & manner of obtaining thereof and upon w[hi]ch Court & upon the s[ai]d Mag[istrate]s Report the Court would make such further ord[er] as should be Just How opon Opening the matter this p[re]sent Day unto the Court by Mr Sollicitor Gen[er]all & Mr Crawgle Being of Counsall for the s[ai]d Mrs Elizabeth Vincent it was alledged that in persuance of the s[ai]d Ord[er] the s[ai]d Mag[istrate] made his report Date 7th day of August last & hath thereby certifyed that by Indenture of Lease dated 24th June 1709 made between the Def[endan]t of the one p[ar]t & the s[ai]d Shadrach Vincent of the other part. He had said Def[endan]t consideration of £700 paid by said Shadrach Vincent towards Erecting a Pier or key called Trevaunance Key & for diverse other considerations did demise the s[ai]d Key [ ? ] & Lands thereto belonging for 99 years if James Tonkin, Frances Tonkin,& Joanna Tonkin so long Lived and by Indenture of Lease Dated the same Day made Between the same parties the s[ai]d Def[endan]t Thomas Tonkin for the consideration of £50 did Covenant with the s[ai]d Shadrach Vincent that he & all p[er]sons in Trust for him sho[ul]d p[er]mitt the s[ai]d Shadrach Vincent to enjoy certayne Lands of called Goonevrea als[o] the new Downs in the pa[ris]h of St Agnes in the County of Cornwall part of Dutchy Mannor of Tywarnehaile untill the next taking according to the Custom of the s[ai]d Mannor and from thence forth from seven to seven years to the end of ninety nine years if the s[ai]d James Tonkyn Frances Tonkin & Joanna Tonkin, should so long Live And another Indenture of Lease dated the 24th January 1712 made between the same parties the s[ai]d Thomas Tonkyn for the consideration of £60 did demise to the s[ai]d Shadrach Vincent a Grist Mill two meadows and a Garden in Perran in land pledged after the Death of Jane Roberts for 99 years if James Tonkyn & Thomas Tonkyn so long lived and by one other Lease dated 28th August 1716 made Between Henry Hawkins of the first p[ar]te the said Def[endan]t Thomas Tonkyn of the 2nd p[ar]te and the said Shadrach Vincent of the 3rd parte whereby the said Hawkins in pursuance of an Ord[er] of the Co[ur]t wherby he was impowered to Grant the Leases of the Def[endan]t Tonkin’s Lands and by and with his consent & consideracon of £300 in full p[ai]d to the said Thomas Tonkin by the s[ai]d Shadrach Vincent did demise & the said Def[endan]t Thomas Tonkin did ratifye & confirme to the said Shadrach Vincent the same Key called Trevaunance Key for 99 years if the said Def[endan]t so long Lived and further certifyed that the Def[endan]t Thomas Tonkin by a Bill Penall Dated 15th Day of August 1707 became Bound to Mary Vincent the sume of £1000 for payment of £500 and by another Bill Penall dated the same Day Became Bound to Shadrach Vincent in the sume of £500 for payment of £250 on all Demands and that the s[ai]d Thomas Tonkyn the 2nd day of February 1707 [ ? ] of the s[ai]d Shadrach a Bond for paym[en]t of £50 due from one Alice Mayow to the s[ai]d Shadrach Vincent and he the said Thomas Tonkyn was to be accountable for the same and that he afterwards received the same of the s[ai]d Mayow and that in Easter Terme of 1708 the Def[andan]t Thomas Tonkin Confessed a Judgement for sume of £800 to the said Mary Vincent in Trust for the said Shadrach Vincent for his parte of the Money and the s[ai]d Judgem[en]t was Given for a further security of the Money due by the said Bills Penall & received of the s[ai]d Mayow and that said Mary Vincent having received her share of the said £800 by Indenture of Assignment dated the 19th of September 1711 Assigned the s[ai]d Judgements to the s[ai]d Shadrach Vincent and further certifyed that the said four Leases were Granted in Court of the said [ ? ] so due at afores[ai]d to the s[ai]d Shadrach Vincent and the Interest thereof & that the s[ai]d Leases were severally Executed on the Day of the Date thereof. It was therefore prayed that the s[ai]d Ord[er] of the 9th of July may be discharged which upon hearing Mr Talbott of Counsell for the said p[urch]ase is Ord[er]ed accordingly unless the purchase shall on the last day of that Terme (without further Notice from the said Elizabeth Vincent) show unto this Court good Cause to the contary Mr Chimow the p[ur]chasors Soll[icitor] now Undertaking to give his client Notice therof [ ? ]

Attached to EN 196-5 the following

Samuel Ennis armiger [ ? ] Thomas Tonkin armiger [ ? ] Mrs Elizabeth Vincent Intends to move the Court on Thursday next or as soon after as Counsell can be heard that the Ord[er] of the 9th of July 10 year George may be discharged dated this 9th day of November 1725”

EN/196/6

“To assist Mr Dalton in… To move for an In[junct]ion to putt the pl[aintiff] into poss[ess]ion of the premises in qucon [question] & that the same may extend to compell the Ten[ant]s of the p[re]mises in quecon to attorne Ten[an]ts to the pl[aintiff] & pay their rents to him The pl[aintiff] was a Mortgague of the premises in quecon for £7169 principall and money by Mortgage dated the 16th January 1710 but the pl[aintiff] not paying any Interests & the security being precarious the Def[endan]t being Ten[an]t for life as to p[ar]te other p[ar]tes seizure in fee & other p[ar]te of a Lease of Tythes held of the Dean & Chapter of Exeter Exhibited his bill of foreclosure but the Def[endan]t getting into the House of Commons insisted on his priviledge but on 12th February 1714 they entered into an Ord[er] by Consent whereby Mr Hawkins was appointed Receiver & was to pay pl[aintiff] £350 same February £350 2nd August 1715 £350 2nd February 1716 & £350 2nd August 1716 & if Def[endan]t sh[oul]d pay pl[aintiff] £8000 on 23rd August 1716 pl[aintiff] sh[oul]d abate £1000 & release all Costs at Law & in this Co[ur]t & pl[aintiff] was to assigne but in default of payment pl[aintiff] was at Liberty to putt down his Cause to be heard for obtaining a speedy Sale in ord[er] to pay pl[aintiff] his principall Interests & Costs That the Def[endan]t failing to pay the £8000 the Cause was heard 8th February 3rd Regis & Decree made for an ac[coun]t & sale but Def[endan]t made Default 26th December 4th Regis The Decree was made absolute 6th June 1719 Mr Orlebar the Ma[gistra]te reported due to pl[aintiff] £9104 : 12 : 6 w[hic]h was absolutely confirmed 24th of same Month 23rd June 1719 The ma[gistate] certified the pl[aintiff] the best purchaser for £8000 being £700 more than any other p[er]son has offered to give for the same w[hi]ch Re[cei]pt was absolutely confirmed on the 8th of July last and there being above £1100 due to the plaintiff more than the whole premises are sold for 15th July 1719 The plaintiff obtained an order that the Def[endan]t sh[oul]d forthw[i]th deliver the poss[ess]ion of premises in quecon to plaintiff & be enjoyned from receiving any more of the rents & profits thereof But the Def[endan]t absconding should not be served with a Writt of Execion [Execution] of the order 27th October 1719 Upon an Affid[avi]t the plaintiff obtained an order that service of Mr Charles Bayliss the Def[endan]ts clerk in Court w[hi]ch the Writt of Execion of the order sh[oul]d be good service of the Def[endan]t That Mr Bayliss hath been served accordingly w[it]h both orders and poss[ess]ion demanded but not being delivered an Affidavit is made out ag[ain]st the Def[endan]t We have given the notice as above likewise then there was no occacion for it Therefore now as above & pray further the service of the In[junct]ion on Mr Bayliss may be good service according to former ord[er]”

EN/196/6

 “To assist Mr Dalton in… To move for an In[junct]ion to putt the pl[aintiff] into poss[ess]ion of the premises in qucon [question] & that the same may extend to compell the Ten[ant]s of the p[re]mises in quecon to attorne Ten[an]ts to the pl[aintiff] & pay their rents to him The pl[aintiff] was a Mortgague of the premises in quecon for £7169 principall and money by Mortgage dated the 16th January 1710 but the pl[aintiff] not paying any Interests & the security being precarious the Def[endan]t being Ten[an]t for life as to p[ar]te other p[ar]tes seizure in fee & other p[ar]te of a Lease of Tythes held of the Dean & Chapter of Exeter Exhibited his bill of foreclosure but the Def[endan]t getting into the House of Commons insisted on his priviledge but on 12th February 1714 they entered into an Ord[er] by Consent whereby Mr Hawkins was appointed Receiver & was to pay pl[aintiff] £350 same February £350 2nd August 1715 £350 2nd February 1716 & £350 2nd August 1716 & if Def[endan]t sh[oul]d pay pl[aintiff] £8000 on 23rd August 1716 pl[aintiff] sh[oul]d abate £1000 & release all Costs at Law & in this Co[ur]t & pl[aintiff] was to assigne but in default of payment pl[aintiff] was at Liberty to putt down his Cause to be heard for obtaining a speedy Sale in ord[er] to pay pl[aintiff] his principall Interests & Costs That the Def[endan]t failing to pay the £8000 the Cause was heard 8th February 3rd Regis & Decree made for an ac[coun]t & sale but Def[endan]t made Default 26th December 4th Regis The Decree was made absolute 6th June 1719 Mr Orlebar the Ma[gistra]te reported due to pl[aintiff] £9104 : 12 : 6 w[hic]h was absolutely confirmed 24th of same Month 23rd June 1719 The ma[gistate] certified the pl[aintiff] the best purchaser for £8000 being £700 more than any other p[er]son has offered to give for the same w[hi]ch Re[cei]pt was absolutely confirmed on the 8th of July last and there being above £1100 due to the plaintiff more than the whole premises are sold for 15th July 1719 The plaintiff obtained an order that the Def[endan]t sh[oul]d forthw[i]th deliver the poss[ess]ion of premises in quecon to plaintiff & be enjoyned from receiving any more of the rents & profits thereof But the Def[endan]t absconding should not be served with a Writt of Execion [Execution] of the order 27th October 1719 Upon an Affid[avi]t the plaintiff obtained an order that service of Mr Charles Bayliss the Def[endan]ts clerk in Court w[hi]ch the Writt of Execion of the order sh[oul]d be good service of the Def[endan]t That Mr Bayliss hath been served accordingly w[it]h both orders and poss[ess]ion demanded but not being delivered an Affidavit is made out ag[ain]st the Def[endan]t We have given the notice as above likewise then there was no occacion for it Therefore now as above & pray further the service of the In[junct]ion on Mr Bayliss may be good service according to former ord[er]”

EN/196/9

“Briefe per Quer[ent] Ennys [ ? ] Tonkin Mr Dalton Dalton 4/s To move as within [ ? ] and pray for the like Ord[er] as was heard before that [ ? ] of the [ ? ] in Co[u]rt may be good servis of the Def[endan]t Samuell Ennys Esq[uire] pl[aintiff] Thomas Tonkin Esq[uire] Def[endan]t To move for an Inion [Injunction] to putt the pl[aintiff] into poss[ess]ion of the p[re]misses in quecon [question] & that the same may extend to Compell the Tenn[an]ts of the p[re]misses in quecon to attorne Tenn[an]ts to the pl[aintiff] & pay their rents to him The pl[aintiff] Case The pl[aintiff] is a Mortgagee of the p[re]misses in quecon for £7169. principall money by mortgage dated the 26th January 1710 but the pl[aintiff] not paying the Interest in 1713 Exhibited his Bill of foreclosure but the Def[endan]t being then a Member of parliam[en]t insisted on his priviledges but on the 12th February 1714 they entered into an Ord[e]r by Consent whereby Mr Hawkins was appointed Receivor & was to pay pl[aintiff] same February £350 & £350 the 2d August 1715. £350 2d February 1715 & £350 2d August 1716 & if Def[endan]t sh[oul]d pay pl[aintiff] £8000 on 23d August 1716 the pl[aintiff] sh[oul]d abate £1000 & release all Costs at Law & in this Co[u]rt & pl[aintiff] was to assigne but in default of paym[en]t pl[aintiff] was at Lib[er]ty to sett downe the cause to be heard for obtaining a speedy sale in ord[e]r to pay pl[aintiff] all principall Interest & Costs & – soe served it to Mr Orlebar as – That the Def[endan]t failing to pay the £8000 the Cause was heard 8 February 3o Regis when a Sale was Decreed but the Def[endan]t made Default – 26th December for 4o Regis The Decree was made absolute 6th June 1719 The Ma[ster] Reported due to the pl[aintiff] £9104:12:6 w[hi]ch Rep[or]t was confirmed 24th of same month 23rd June The Ma[ster] Certifyed the pl[aintiff] the best purshasor of the mortgaged p[re]misses for £8000 being £700 more than any other person offered to give for the same w[hi]ch Rep[or]t was absolutely confirmed on the 2th of July last And there being about £1100 due to the pl[aintiff] more than the whole p[re]misses sold for 15th July 1719 The pl[aintiff] obtained an ord[e]r that the Def[endan]t sh[oul]d forthwith deliver the poss[ess]ion of the p[re]misses in quecon to the pl[aintiff] & being enjoyned from recieving anymore of the rents and p[ro]fitts thereof But the Defendan]t absconding soe as not to be p[er]sonally served w[i]th a writt of Execon [Execution] of the ord[e]r & ordering [ ? ] for the rent upon an Affid[avi]t 27th October 1719 The pl[aintiff] obtained an ord[e]r that served of Mr Charles Baylisse the Def[endan]t C[lerk]e in Co[u]rt w[i]th the writt of Execuion [Execution] of the ord[e]r sh[oul]d be good served of the s[ai]d Def[endan]t That Mr Baylisse hath been served accordingly but poss[ess]ion not being delivered an Attachm[en]t is made out ag[ains]t the Def[endan]t Therefore more as above we given Notice likewise”

EN/196/10

“Ma[ster] of the Rolls Latin text

Mr Mellor

Mr Orlebar

Where as by an ord[e]r of the 15th July last for the reasons therein contained Itt was ordered That the Def[endan]t should forthwith deliver pro[por]tion of the p[re]mises in Quecon [question] unto the pl[aintiff] & that the Def[endan]t should be enjoyned from receiving any more of the Rents & profitts thereof Now upon [aserving ?] of the Master They present day unto this Court by Mr Dalton being of the [ ? ] Counsoll Itt was Alleged That all tho’ the said Counsolle on both sides yet whom the pl[aintiff] had confer[e]d a Writt of Exoruson [execution] thereof to be made out the Def[endan]t Absconded soe that he should not be found to be served therewith & the pl[aintiff]s Aff[idavi]t made of the Def[endan]ts Absconding did Obtain an Order of the 27th of October last that service of the said Writt of Exocucon [execution] on the Def[endan]ts Clerk in Court Mr Charles Baylisse should be deemed good Service there of on the said Def[endan]t / That the s[ai]d writt of Exocuion [execution] hath been served on the s[ai]d Mr Baylisse accordingly but poss[ess]ion hath not been delivered to the pl[aintiff] in Obervance to the said Order as by aff[idavi]t approved & for P[ur]cach [purchase] thereof an Attachm[en]t issued against the s[ai]d pl[aintiff]. Itt was therefore prayed that an Injunction may be Awarded to put the pl[aintiff] into poss[ess]ion of the p[re]mises in quecon & to quit him such poss[ess]ion that Service thereof on the Def[endan]ts Clerk in Court Mr Charles Baylisse may be Deemed good Service of the s[ai]d Def[endan]t according to the Ord[e]r of the 27th of October last & that such Injunction may Extend to enjoy the Tenancy of the p[re]mises in quecon to Attorn Tenancy & pay their Rents for the same unto the pl[aintiff] which this Court upon hearing an Aff[idavi][t of Notice of this Mocon [motion] was held reasonable & doth Order the same accordingly”

EN/196/11

 “Schedule between Samuel Enys and Thom. Tonkin 5 March ? The Def[endan]t being entitled to the Equity of Redemption of certaine Lands in Cornwall w[hi]ch is now mortgaged to one Mr James Kempe his Father in Law for £5000 & upwards & subject to such redemption were entitled to part of fee to other parts for Life withe reversion to his wife & first & other sonnes to other parts held by Lease for one, two or three Lives & other parts being Tyn Bounds & held according to Custom of the Stannaryes of Cornwall. And the s[ai]d Mr Kemp wanting his money the Def[endan]t applyed to one Mr Henry Vincent his uncle (since dead) to advance the same w[hi]ch they agreed to do but the s[ai]d Mr Vincent refusing afterw[ar]ds to advance his Moyety the Def[endan]t wayted on the pl[aintiff] to advance the whole £5000 to the said Mr Kempe w[hi]ch accordingly he did on the 16th January 1710 and took an assignment of the s[ai]d Mr Kempe’s Mortgage and on the 17th of January 1711 the pl[aintiff] lent unto the Def[endan]t the further sum of £2169 on the Equity of the Redemption of the same premises w[hi]ch securityes were prepared by Mr Henry Hawking the Def[endan]t’s Attorney at Law & Soll[icitor] in their Cause And were both redeemable on payment of £7169 with Interest on the 16th of July 1712 then next That the def[endan]t in neglecting to pay either the Principall money or Interest and having procured himself to be returned a Member of the house of Comons for the Burrough of Helstone in Cornwall bid the Pl[aintiff] defyante and insisted on his priviledge & thereupon in Trinity Terme 1713 the pl[aintiff] exhibited his bill into this C[ou]rt to foreclose the Def[endan]t of his Equity of Redemption & petitioned the house of [ ? ] Comons as to the Qualification of the Def[endan]t or that he might waive his priviledge w[hi]ch putt pl[aintiff] to great charges but at last they came to an Agreement and by an Ord[er] by Consent. 12th February 1st George Mr Henry Hawkins was appointed Receiver of premises in quescon [question] & had power to grant Leases of the Estate & Lands w[hi]ch the defendant Consent & was to pay pl[aintiff] £350 the same February £350 2nd August following, £350 second February 1715 £350 2nd August 1716 and if defendant paye plaintiff on or before 23 August 1716 £8000 & such other sums as sh[oul]d appear to be further due then the p[laintiff] were to abate def[endan]t £1000 out of the whole & release costs at Law & in Equity & assign his securityes but in default of such paym[en]ts pl[aintiff] was at Liberty to set down his Cause to be heard for obtaining a Decree for speedy sale of s[ai]d premises the six months after such Decree in Ord[er] to pay the pl[aintiff] his principall & interest due on s[ai]d p[re]misses w[hi]ch Costs without any abatement of s[ai]d £1000 and the Def[endan]t was to appear granted on ten day & notice to his [ ? ] in Co[u]rt & waive his Priveliges in Parliam[en]t. The Def[endan]t likewise putt in his [ ? ] and thereby [ ? ] the several Mortgages And the s[ai]d Henry Hawkins making pretty good paym[en]ts of severall sums of £350 but Def[endan]t taking was [ ? ] to pay s[ai]d pl[aintiff] £8000. The pl[aintiff] [ ? ] s[ai]d Cause to be sett down to be heard & the same was heard on the 8th February 3rd George R[egi]s. When it was Decreed pursuant to s[ai]d Ord[er] by Consent that the Mortgage and Interests sh[oul]d be sold & the Moneys arising by such sale sh[oul]d be applyed in paying pl[aintiff] [ ? ] Mr Orlebar the Mag[ristate] (to whom it was referred sh[oul]d for principall Interests to be due and costs & the residue if any sh[oul]d be p[ai]d to def[endan]t & all pa[rt]ties were to produce all Deeds etc and conveyances, But def[endan]t at that tyme made default 26th October 4th reign of George. The Cause came to be heard at Origin when the Courts declared they saw noe Cause to alter this direction given on the former hearing & ord[er]ed the Decree to be made Absolute. That p[ar]t of the pl[aintiff]s security was made up by assign[men]t of a Lease of the Moyety of the Toll Tyn being p[ar]t of the Dutchy of Cornwall held on Lives & the last Life dying after the Decree, the pl[aintiff] petitioned his Royall Highness in Cornwall to have the Moyety of the Toll Tyn granted to him redeemable by the Def[endan]t w[hi]ch upon hearing Councill was ord[er]ed accordingly & pl[aintiff] was directed to consult Mrs Vincent the widow of Henry Vincent the deceased (who was entitled to receive the other Moyety) to agree about the 3 persons men[con]ed [mentioned] to be put into such Leases but Mr Henry Vincent the Younger & which Mrs Vincent the def[endan]ts Cousin German [ ? ] widow they w[oul]d pay off the pl[aintiff] & take assignment of his securities & w[oul]d take the Crown Leases & [ ? ] to an Agreement & the Assignm[en]ts were drawn and Engrossed & [ ? ] w[hi]ch pl[aintiff] about 12 months in this affaire till they granted the Lease of the Toll Tyn to be wholly granted to them [ ? ] [ ? ] pl[aintiff] agreed [ ? ] of money to [ ? ] they absolutely refused to take the s[ai]d Assignment & left pl[aintiff] to get a satisfaccon [satisfaction] for his debts afterwards by Lawe. That the Estates were Advertized in the Gazette by the Direction of the Mag[istrate] 6th June 1719 The Mag[ristrate] certifyed [ ? ] to p[aintiff] the 24th of April then past £9104.12s.6d w[hi]ch Re[cei]pt was afterwards absolutely confirmed & on the 23 June 1719 The Mag[ristate] certifiyed p[laintiff] the best Purchasor off s[ai]d p[re]mises for £8000 being £700 more than any other p[er]son offered for the same w[hi]ch Re[cei]pt was likewise afterw[ar]ds absolutely confirmed And the Def[endan]t afterw[ar]ds absconding the pl[aintiff] to gett poss[ess]ion was forced to p[ro]ceed according to [ ? ] of the Co[ur]t & to have [ ? ] several on his [ ? ] in Co[ur]t & hath since been putt into poss[ess]ion of p[re]mises by a writt of assistance directed to Sherriff of Cornwall to him grant repossession. That pl[aintiff] being informed that Mr Hawkins the Receivor by virtue of the Ord[er] by Consent w[hi]ch Def[endan]t had contrary to intent of s[ai]d Ord[e]r absolutely sold p[ar]t of s[ai]d p[re]mises for 50 years if Def[endan]t sh[oul]d so long live receiving only a wheat corne rent & had mortgaged other p[ar]ts redemable by Def[endan]t & thereby raised considerable sums of money & very much [ ? ] vallue of s[ai]d p[re]mises w[hi]ch before was farr short to make pl[aintiff] satisfaccion as appeared by s[ai]d ord[er] by Consent & therefore gave notice that Mr Hawkins might arr[ang]e for rents & p[ro]fitts & [ ? ] Equity on Interests touching w[hi]ch Leases he has granted & the consideration arising of such Leases & deliver pl[aintiff] the Counterp[ar]ts of such Leases And on the 30 November 1719 On hearing Councill on both sides Itt was ord[ere]d that s[ai]d Mr Hawkins sh[oul]d acc[oun]t before s[ai]d Mag[istrat]e for his work and disbursem[en]ts & Examin[ation] on Interogatorys touching the Leases granted by him of s[ai]d Estates & after [ ? ] the Comprising of such Leases & that he sh[oul]d deliver pl[aintiff] the Counterp[ar]ts all such Leases 30 May 1720 Interogatorys were left w[it]h the Mag[istrat]e for the examinacon of Mr Hawkins & a war[ran]t taken out signifying the same but Mr Hawking being then in the County his Agent desired pl[aintiff]s sol[icito]r not to proceed till Trinity Terme when s[ai]d Mr Hawking w[oul]d be in Town & w[ou]ld then putt in his examinacon, but before the essuinge day of Trinity Terme, s[ai]d Mr Hawkins & others und[er] him had caused no less than 13 Deeds in [ ? ] to be delivered to pl[aintiff] & Tenents on parts of the premises in quecon & coming to Town on an Aff[idavi]t that he know nothing of the Interogatorys obtained the Mag[istrat]e [ ?]] for a [ ? ] [ ? ] 4th August & on 18th July obtained an ord[er] of possession to the Mag[ristrat]e of the rules for pl[aintiff] to join in 4 days etc Then pl[aintiff] gave a notice to discharge the said cert[ificat]e & ord[er] of the 18th July & that Mr Hawkins might putt in his examinacon in 4 days or stand committed And on the 20th July obtained an ord[er] to discharge the ord[er] of 18th July Nisi Causa (without cause), the next Seale , Mr Attorney Gen[er]al & Mr Williams praying a day 7th July Itt was ord[ere]d that Mr Hawkins sh[oul]d pay the Costs & stay proceedings on the ejectm[en]ts by him bro[ugh]t & putt in his Examinacon by the 4th August or stand committed Note the costs are not p[ai]d to this day His examinacon is as fol[low]s 2nd Inter [ ? ] sayd by order 12th February 1714 it was (inter alia) ord[ere]d that Def[endan]t sh[oul]d continue poss[ess]ion of his House Orchard & Gardens in Trevawnance & the poss[ess]ion of any of Mortgaged p[re]mises in quecon was not to be altered untill default made in paym[en]t of s[ai]d 4 Sums to pl[aintiff] & severall p[ar]tes of s[ai]d p[re]mises being then in [ ? ] in Def[endan]ts hands & for continued during his Receivorship he can’t set forth [ ? ] the rents issues & proffitts of all the p[re]mises in quecon did amount unto in 1715 & 1716 or in either of them nor with sumes of money he p[ai]d Def[endan]t or ord[ere]d or for his life or his benefit or suffer him or any one for his life or whom by name to receive in s[ai]d years or either of them or at which tymes but p[ai]d pl[aintiff] or ord[er]ed the 4 Sumes appointed by s[ai]d ord[er] & surplus issues of rents issue & profitts unto Def[endan]t or suffered to have & receive same 3rd Inter as sayed by ord[er] by 12th February 1714 Itt was ord[er]ed by consent of pl[aintiff] & Def[endan]t that he sh[oul]d be appointed Receivor of profitts of all Lands in quecon to whom the Ten[an]ts were to pay their rents & he was Thereby impowered to grant Leases of the Intayled Lands parts of premises w[i]th Def[endan]ts consent & he was to pay pl[aintiff] 4 Sumes of £350 each by halfe yearly paym[en]ts & the surplus of rents & profitts each halfe year after paym[en]t of each of said sumes he was to pay to Def[endan]t [ ? ] s[ai]d order says [ ? ] (As he believes) known to pl[aintiff] and Def[endan]t at & before tyme of making s[ai]d ord[er] that the usual rents & profitts of s[ai]d Lands & p[re]mises w[oul]d not be sufficent to pay pl[aintiff] s[ai]d 4 sums of £350 by halfe yearly paym[en]ts Itt was therefore agreed by s[ai]d ord[er] that he sh[oul]d have power to grant Leases of the Intayled Lands w[hi]ch Def[endan]ts consent this before to enable (after approbated) By fines to be raised on such Leases to raise & pay the pl[aintiff] s[ai]d 4 sumes of £350 w[hi]ch he was to pay pl[aintiff] And says by virtue of s[ai]d ord[er] he did w[i]th Def[endan]ts consent grant unto severall p[er]sons for all Lands p[o]wers of s[ai]d Intayled Lands only in such mannor & for severall considercons & for severall [ ? ] & effects & on severall provisors & und[er] [ ? ] [ ? ] & [ ? ] therein after mentioned (viz) One Jud[gemen]t [ ? ] dated 25th [ ? ] primo Georgii was be him of the first p[ar]t, Def[endan]t of the 2nd p[ar]te & Stephen Sandow of the 3rd p[ar]te Receiving the ord[er] by Consent & that in [ ? ] there unto & in Cons[en]t of surrend[er] of a former Lease & for 6d & a [ ? ] [ ? ] of Gold to Def[endan]t in hand p[ai]d they did Grant to s[ai]d Stephen Sandow his Executors the p[re]mises therein menconed for 99 years if 3 Lives therein named sh[oul]d live soe long und[er] yearly rent of 12s payable Quarterly to Def[endan]t & a Capon or 12d & one Harvest Journey or 6d & 6s 8d for a last [ ? ] on Death of each Life———— One other Jud[gemen]t 3 [ ? ] dated 28th day of same month of March between same p[art]ys of first & 2nd p[ar]tes & Samuel Kempe & Thomas Worth of 3rd p[ar]t for £200 to Def[endan]t in hand p[ai]d They did Grant the p[re]mises therein menconed for 99 years if Def[endan]t sh[oul]d soe long und[er] this Rent of £1 1s 6d und[er] a Provisor that if Def[endan]t sh[oul]d pay the Lessees £200 & Interest at any tyme w[i]th in 8 years [ ? ] [ ? ] Then the Jud[gemen]t was to be voyd———One other Jud[gemen]t 3 [ ? ] dated 22nd April 1 Georgij made between same p[ar]tys of first & 2nd p[ar]ts & John Harris of 3rd p[ar]t for £30 & [ ? ] [ ? ] Gold to Executor in hand p[ai]d & forward to be p[ai]d Therein grant the p[re]mises therein menconed for 99 years if s[ai]d John Harris & Joan his wife sh[oul]d soe long live (the Termes to [ ? ] after the death of Joan[ ? ]) und[er] the yearle rent of £1 0s 6d & a Capon or 12d & a harvest journey on 6th & 15th for a herryott after [ ? ] of s[ai]d Terme – Our other 3 [ ? ] [ ? ] dated June 1o Georgij made by them to Joseph Hocking in Cond[itio]n of £120 & [ ? ] of Gold of 25s vallue to Def[endan]t in hand p[ai]d. They did Grant the p[re]missess therein mentioned for 99 years if 3 Lives therein named sh[oul]d live soe long m[a]de yearly rent of 10s & one Capon or 12d & a Harvest Journey on 6d & 10s for a Herriott – One other Injuncton 3 [ ? ] dated last of April 1o Goergij made by them to James Date & John Date in condition of £216: 9: 6 to Def[endan]t in hand p[ai]d & [ ? ] They did grant p[ar]t of the p[re]misses therein mentioned for 99 years if 2 lives therein mentioned sh[oul]d live soe long & they did grant the other p[ar]t of s[ai]d p[re]misses for 99 years if 3 other persons therein named sh[oul]d soe long live Reseiving 16d and a harvest journey at 3s 4d on death of each Life & £216. 1. 6 and for other p[ar]ts of s[ai]d p[re]misses – One other [ ? ] 3 [ ? ] Dated 12th September 2o Georgij made by them to [ ? ] Hawton in cond[ition] of £104:11:6 to Def[endan]t in hand p[ai]d & secured. They did Grant the p[re]misses therein mentioned for 99 year if 3 persons therein named sh[oul]d soe long live Reseiving 15d paid and a Capon & harvest Journey & 10d for a Herryott – One other 3 [ ? ] [ ? ] dated the first of October 2o Georgij made by them to Nicholas Donnythorne in cond[ition] of £40 & a [ ? ] of Gold of 25s vallue to Def[endan]t in hand They did Cons[en]t to p[er]mitt & suffer s[ai]d Donnythorne to hold & enjoy the s[ai]d p[re]misses therein mentioned being p[ar]t of his Royall Highness of Dutchy Mannor Of Tywarnhayle [ ? ] [ ? ] [ ? ] or taking of s[ai]d Lands according to customs of s[ai]d Mannor & from thenceforth for 7 years & soe from 7 years to 7 years till 99 years if 3 persons therein named sh[ou]ld soe long live Reseiving 7s p[ai]d and a Capon & Harvest Journey & 10s for a Herryott – One other [ ? ] 3 [ ? ] dated 26th March 2o Regis made by them to John Coster John Prowse & George Giles in [ ? ] of £750 to the Def[endan]t in hand p[ai]d & [ ? ] to be p[ai]d They did Grant the p[re]misses therein mentioned for 50 years if Def[endan]t sh[oul]d soe long live Reseiving a Grain of Wheat und[er] a Provisoe if Def[endan]t p[ai]d £750 upon 25th of March then [ ? ] the [ ? ] & a Bond dated the 2nd of that Month whereby the Def[endan]t [ ? ] bound to [ ? ] Leases in £1000 finally sh[oul]d be voyd – One other 3 [ ? ] [ ? ] dated 25th May 2o Regis made by them to John Argall in consideration of a Grain of Wheat & consideration of a surrender of a former Lease & in pursuance of a Cov[enen]t in such Lease made by Def[endan]t They did grant the p[re]misses therein mensoned for 99 years if 3 p[er]sons therein named sh[oul]d soe long live Reseiving 50 [ ? ] and a Capon or 6d & a Harvest Journey or 3 [ ? ] & 3 [ ? ] For a Herryott – One other [ ? ] 3 [ ? ] dated 28th August 3o Regis made by them to Charles Strait in condition of £20 & a [ ? ] of Gold of £25 vallue to Def[endan]t in hand p[ai]d & [ ? ] They did grant the p[re]misses therein mensioned for 99 years if 3 p[re]sons therein named sh[oul]d soe long live Reseiving £2: 4s 0d [ ? ] and a Capon or 12 [ ? ] & a Harvest Journey or 6[ ? ] & 20[ ? ] For a Herryott – One other [ ? ] 3 [ ? ] dated same 28th of August made by them to Arthur Trebarfoot in condition of 25 [ ? ] To Def[endan]t in hand p[ai]d & [ ? ] they did consider to p[er]mitt him whole & enjoy the p[re]misses therein mensioned being part of his Royal Highnes Mannor of Tywarnhayle [ ? ] [ ? ] [ ? ] [ ? ] or taking & from [ ? ] for 7 years & from 7 years to 7 years like [ ? ] if 3 p[er]sons therein named sh[oul]]d live soe long Reseiving 9s 6d rent & 10d for a [ ? ] Trevawnance Kea One other [ ? ] 3 [ ? ] dated same 28th August made by them to Shadrach Vincent [? ] in consideration of £300 to Def[endan]t p[ai]d They granted the p[re]mises therein mensioned for 99 years if Def[endan]t sh[oul]d soe long live Reseiving a Grain of Wheat – One other 3 [ ? ] of the same date made to s[ai]d Shadrach Vincent in consideration of £600 to Def[endan]t in hand p[ai]d and secured Whele Roses copper Works They granted the p[re]mises therein mentioned for 99 years if Def[endan]t lived soe long Reseiving a Grain of Wheat [ ? ] 53 sayd all s[ai]d Leases were Executed by him at Def[endan]t request and in [ ? ] to the ord[er] of the Co[ur]t and have been [ ? ] [ ? ] [ ? ] [ ? ] informed & on s[ai]d leases were as much or more than formerly refused on granting Leases of such p[re]mises & that all s[ai]d p[re]mises are part of the Intitled Lands & s[ai]d Deeds were Executed before last August 1716”

Transcribed by Ian and Shirley Clarke

EN/196/12

“Ennys[?][?] Tonkin [?][?]
To move for an injunction to put the plaintiff in possession
Samuel Enys Esq. Plaintiff Thomas Tonkin defendant
Case The plaintiff loaned the defendant £7169 principal money on a mortgage of the [?] in
bill and the plaintiffs bill was to foreclose but on hearing the [case ?]
The[?][?] pursuant to an order. It was ordered [?][?] that the [property ?] should be sold
before the [?] and the money arising by such fate applied in paying the plaintiff the [?]
plaintiff Certifies to be owed for principal [?interest] and costs and the residue if any paid
to the defendant – but the defendant then incurred default.
26th December[?][?] On showing the decree was made absolute.
6th June 1719 The [amount?] Certified due to the plaintiff was made absolute £9104:12:6.
Which [?] was absolutely confirmed on the 24th of the same June.
Therefore the [?] had certified the plaintiffs Debt ,part of the mortgaged premises(being a [?]
of the moyety of the Toll Tyn in Cornwall) fell into the Prince of Wales hands by the
death of lives as Duke of Cornwall had been granted away to a near Kinsman of the
Defendant.
23rd June 1719 The [?][?] the plaintiff the [?] Purchasor of the mortgaged premises £2000
being £700 more than any other [person?] had offered for the same [?][?] was absolutely
confirmed on 8th of July [last?] .
15th July On hearing Counsel on both sides it was [ordered?] that the defendant should
forthwith deliver the possessionof the mortgaged premises to the plaintiff and be
[enjoyned?] from receiving any more of the rents [effective?] thereof but the Defendant
[?]not be [?----?] 13th that[?----?].
that is the [?] of the Court for an injunction to be awarded against the Defendant
Commanding him to put the plaintiff into possession of the [said?] premises before the
Court will grant a writ of [?] to Sheriffs of the County.
Now therefore for an [judgement?] against the Defendant to put the Plaintiff (being a
Purchasor [?]the[?] of this court) into the possession of the purchased premises.”

 EN/196/15
“Sam[uel] ENNYS Esq[uire] Plte [Plaintiff]
Tho[mas] TONKIN Esq[uire] Deft [Defendant]
To move prouf notice annexf
The Plte [Plaintiff] case on the 16th January 1710 the Plte [Plaintiff] lent the Deft [Defendant] 5000 pounds on assignment of a mortgage of lands in Cornwall.
Whereof the Deft{Defendant] is seized in fee other pte [part] only ten [tenant] for life with the remd [remainder] to his wife & first & other sonnes & other pte [part] being chetts [chattels] reall [estate] held by leases for 3 lives & on 17th January 1711 the Plte [Plaintiff] lent him the further sum of 2169 pounds on security of the equity of Redempeon [redemption?] of the same premises and under [under] a provisoe that both sd [said] mortgages shd [should] be voyd on payment of 7169 pounds with interest on 16th July then next.
That the Deft [Defendant] neglecting to pay the principall money & interest their being gott into the house of Com[mo]ns bid the Plte [Plaintiff] defiancies thereupon in Trinity Terme 1713, the Plte [Plaintiff] exhibited his bill for a forclosure & petitioned the house that Deft [Defendant] might waive his privileges putt the Plte [Plaintiff] to very great charges thereon but at last they came to an agreement by an order by constitution
12th February George One/Mr Henry HAWKINS was appointed receiver of the premises inqucon [inquestion?]& had power to grant leases of the Entayled  [Entitled?]Lands with the Deft [Defendant] consent & was to pay Plte [Plaintiff] 350 pounds the same February 350 pounds on the 2nd August 350 pounds on the 2nd February 1715 & 350 pounds on the 20 of August 1716 and if Deft [Defendant] should pay Plte [Plaintiff] on or before 23 of August 17th 8000 pounds such other sums as appeare to be further due then Plte [Plaintiff] was to avale the Deft [Defendant] of 1000 pounds out of the whole & release all gifts at law & in equity & assigns his securityes but in default of such payment the Plte [Plaintiff] was at libty [liberty] to sett down this cause to be heard for obtaineing a decree for speedy sale of said premises with six month after such decree in order to pay Plte [Plaintiff] his principall and interest if due on said premises with any abatement of said 1000 pounds & the Deft [Defendant] was to appeare gratis on ten days notice to his Clerke in Cloth & waive his privilege in Parliament That Mr Hawkins made a good payment of said halfe yearly payments of 350 pounds but the Deft [Defendant] looke nor care to pay the 8000 pounds & thereupon the Plte [Plaintiff] procured the cause to be sett downe for hearing.
8th February George 3rd the cause came on to be heard by the Deft [Defendant]for /made default & the Plte {Plaintiff} only obtained a decree Nisi Causa for sale of sd [said] estate pursuant to sd [said] order of consent………………….
26 October Georgey the cause come on to be heard aborigine & the case declared they saw no  cause to alter the directions given on the former hearing & order [order] the decree to be made absolute.
That pte [part] of the security was made up by consignment of a lease of the moyety of the sale tynn being part of the Dutchy of Cornwall held on lives & the last life dyeing about {about} a yeare and halfe since the Plte {Plaintiff} applied to renew the lease as pte [part] of his security but by the Deft [Defendants] contrivances to defraud him of that parte of his security the same order [order] to be granted to one Mr Henry VINCENT a cousin German of the Deft {Defendants} who had the other moyety that soon after the last decree the estates were advertised to be sold by the direction of Moolebar the [Gentle]man who was directed to take the accot [account] & to see the premises sold for payment of Plte [Plaintiff] debt.
8th June 1719 The [Gentle]man certified there was due to the Plte {Plaintiff} from the Deft [Defendant] for principall interests & costs on the mortgage inqueon [inquestion?]the 21st April last pounds 104 12 [shillings?] 6 [pence?] with  Rep[orted] as since absolutely confirmed and on same.
6th June 1719 The [Gentle]man certifies the Plte [Plaintiff]the best purchaser of the premises in queen [inquestion?] for the sum of 7200 pounds.
8th June This last Rep {Reported} was ordered to be confirmed Nisi Causa.
17th June The Deft [Defendant] serve cause agnt [against?] the last Rept [Reported?] & order & prayes to go back defending that one Mr Francis FOOTE to give 7300 pounds for the estate such was ordered but the Deft [Defendant] was to procure a better purchaser by the first sale after the Terme or the order of the 8th June for confirming Nisi was to be absolute.
23rd June 1719 The [Gentle]man certified that one Mr Francis SAULE offered 7300 pounds for the estate having a good tythe made to him but the Plte[Plaintiff] offered to give 8000 pounds for the estate and take the tythe at all adventures and thereupon the [Gentle]man certified the Plte [Plaintiff] the best bidder and allowed him to be the best purchaser for 8000 pounds.
24th June The Rept [Reported?] was confirmed Nisi Causa.
25th June The Deft [Plaintiff] was served with the Ordr [Order] Nisi
2nd July 1719 The Rept [Reported?]was made absolute.
Ware after the causa was last heard for above a yeare last past one Mr Henry VINCENT the Deft [Defendant] cousin Garman [German?] & who hath the sole tyn granted to him pte [part] entered into a treaty with the Plte [Plaintiff] & pretended he now pay the Plte[Plaintiff] 7500 pounds in pte [Part] of the debt and take on assigns [assignments]several meetings were had & the assign drawn & approved off & engrossed but all this was purely to get tyme to gett a grant of the sole tyn & was in a meer [more?] impossicon [impossession?]of the Plte [Plaintiff] and thereuopon the Plte [Plaintiff] hath proceeded in a manner above mentioned by the Plte [Plaintiff] haveing been this long delayed and there being 104 pounds 12 shillings 6 pence reported due for the pte [part]made then the whole estate is now sold for.
Therefore pray according to the notice for possession to be delivered that the Deft [Defendant]may be enjoyned from receiving rents and profits & may release or convey or if possible that the Tennts [Tenants] may pay their rents to the Plte {[Plaintiff].
Attached is a strip of paper that reads;
That ? for now the ? ? ? lasts that his Deft [Defendant] my forthwith possession of the justify in question to the ? & may so enjoy?”

Transcribed by Neil Roberts

EN/196/16

“Ennis v Tonkin Court Objections
Donnithornes Objections to the Master’s Report
Inter Samuel Ennis Ar[miger] Quer[est]
Quere Thomas Tonkin Ar[miger] Def[endens]
Objeccons [objections] taken by Nicholas Donnithorne to the Dra[f]t Of the Report made by Edward
Conway Esq[uire] One of the Ma[ster]s of this Court dated the . day of One thousand Seven
hun[dre]d and twenty four relating to the s[ai]d Donnothorne
1st Objecccon for that the said Ma[ster] hath in and by the Dra[f]t of his said Report reported the
said Donithorne indebted to the pl[aintiff] for a years rent Of three Stamping Mills from
MidSom[mer] One thous[an]d Seven hundred & nineteen to MidSom[mer] & One thousand Seven
hundred & twenty in the sume of Thirty five pounds w[hi]ch he ought not to have done as the Said
Nicholas Donnithorne is advised and therefore hopes the said Ma[ster]] will Discharge him thereof
Second Objeccon for that the said Ma[ster] has in & by the Dra[f]t of his Said Report reported the
Said Donithorne indebted to the Pl[aintiff] for A years rent for two Other Stamping Mills on North
Chappele from MidSomer One thousand Seven hundred nineteen to MidSom[mer] One thousand
Seven hundred and twenty in the Sume of fifteen pounds w[hi]ch the said Donithorne is advised he
ought not to have done & therefore hopes the said Ma[ster] will not charge him therewith
This is certifyd Third Objeccon for that the Said Ma[ster] hath in and by the Dra[?]t of his Said
Report charged the said Donithorne with three q[uarters] Of a years Rent for Lonobry blowing house
from MidSom[er] One thousand Seven hundred & Nineteen to April 12th One thousand Seven
hundred & twenty the Sume of Twenty Pounds Six Shillings 1 a penny halfe penny with w[hi]ch the
s[ai]d Donithorne is advised he ought not to be charged with & hopes the said Ma[ster] will Alter his
report touching the same
Fourth Objeccon for that the said Mag[istrate] hath in and by the Dra[f]t of his said Report charged
the said Donithorne with four years and three quart[er]s rent of the Higher Smiths Shop at four
Pounds per Annum Due at Lady day one thousand Seven hun[re]d and twenty four whereas the
s[ai]d Donithorne as advised is not accountable for the same but from Xmas One thousand Seven
hundred & nineteen and therefore not to be charged with the said Sume of Nineteen pounds & the
pl[aintiff] might have rec[eive]d what was due to him on account of the said Shop which he refused
from time or by the said Donithorne Aff[idavi]t appears & therefore prays the Said ma[ster] may
alter the dra[f]t of his Report charging the same
Ffifth Objeccon ffor that the Said Mag[istrate] hath in and by the Dra[f]t of his Said Report reported
due from the said Donithorne to the pl[aintiff] halfe a years rent at Xmas One thousand Seve n
hun[dre]d nineteen for a Shop let at Eight pounds per annum To said Donithorne which he is
advised he ought not be charged with and hopes the Said Mag[istrate] will strike the sume out of his
said Report
Sixth Objeccon for that the Said Mag[istrate] hath in & by the Dra[f]t of his Said Report reported
due from the said Nicholas Donithorne to the Receipt for the Conventonary rents served on five
severall Leases of five severall Tenements in his poss[ess]ion being [ ? ] of the [ ? ] in qu[ec]con
[question] Amounts to the yearly Sume of Three pounds four shill[ing]s & Six pence which for five
years from MidSom[mer] One thous[and] Seven hundred & nineteen to MidSom[mer] One thousand
Seven hundred & twenty four Amounts to the Sume of Sixteen pounds two shi[lling]s & Six pence
but the s[ai]d Donithorne is advised that there is nothing due to the Pl[aintiff] for the same but from
and after the Twenty Sixth of December One thousand Seven hundred & nineteen since which tyme
the said Donithorne has duely tendered the same at Court held by the pl[aintiff] or his steward
according to the usuall custome of the Court at St Agnes but the Pl[aintiff] or his steward refused t o
receive the same by aff[idavi]t appear and the said Donithorne sayth that he will from time to time
pay such received rents as they shall become due at the Pl[aintiff]s sayd Court at St Agnes as other
Tenn[en]ts usually do if the pl[aintiff] will receive the same by aff[idavi]t alsoe appeared & therefore
hopes and insists that the said Mag[istrate] will alter his Rep[or]t touching the same and in all other
the p[ar]ticulars herein mencond [mentioned]”

EN/196/17

“Certificate of delivering Court writings Ennys v Tom Tonkin 

Date 12th day May 1720 Inter Samuel Ennis Ar[miger] Quer[ens]

Thomas Tonkin Ar[miger] Def[endens]

In pursuance of an Ord[e]r of the 27th of February last I have this day delivered out to Mr Chimow the plaintiffs sollicter for the plaintiffs and all his Deeds Writings formerly brought on Oath & by schedule before us by the said Pl[aintiff] & have taken the said Chimmow’s Receipt for the same on the said schedule now remaining with me always

I humbly Certify to this Hono[ra]ble Court

J: Orlebar”

EN/196/18

“Ennys v Tonkin the pl[aintiff] aff[idavi]t July 26th 1721
Samuel Ennys Ar[miger] Quer[ens ]
Of
Thomas Tonkin Aringer Def[endan]t
The said complainan]t maketh Oath That he hath heard and between that Mr Nicholas Donythorne
of St Agnes in the County of Cornwall did for some years before the month of July 1719 hold and
enjoy several partes of the Estate formerly of the Def[endan]t and of which This Deponent was
Decreed the purchaser and by the authority of This hone[ra]ble Court ordered into possession of
And that This deponent hath several times Demanded of (but never received the rents and Dues
payable by) the S[ai]d Mr Donithorne for the Same nor hath he directly or Indirectly had any
satissacon [satisfaction] for any part thereof the s[ai]d Donithorne alwaios refusing to pay anything
but what This Deponent could not ever by law or to that effect save only that the s[ai]d Donithorne
did once Tender this Deponent some money in full of all his Domands which this Deponent afford to
take in part but it being very short of his Due refused to accept in full and therefore did not receive it
Given at Gluvias in County Cornwall 26th day of January in the year of our Lord 1721 by me
John Pearce
Nicholas Extrer
Witnessed Sam: Enys”

 EN/196/19

“Ennys granting attorney to Robert Chimmow
Whereas by an Order made in the High Court of Chancery beareing date the fifteenth day of July in
the fifth Yeare of the Raign of our now Majysty King George in a Causa there depending between
Samuel Ennys Esq Complaint & Thomas Tonkin Esq Defendan]t. It was ordered that the said
Def[endan]t should forthwith deliver the possession of the premisses in quecon [question] unto the
Said Plaintiff and that he should be enjoined from receiveing any more of the Rents & profits thereof
And in & by the Said Order Where unto relation being had more fully & at large appeareth And
Whereas the Said Defendan]t hath not further delivered the possession of the premises in quecon
unto the Said Plaintiff or exorited of a Release of the Equity of Redemption of the mortgaged
premisses, or and other sumes as for confirming the Said Estate as by the Order made on the
hearing of this Causa was directed And Whereas the said Def[endan]t is not to be found Soe as to
demand from him the possession of the premisses in quecon those present doe now Witness that I
the said Samuel Ennys for dir[ecte]d good Causes and consideracons [considerstions] me unto
especially moveing Have made ordained constituted & appointed And in & by those present Do
make ordayne constitute & appoint and in my place & stead putt Robert Chimmow of London gent
to be my true and lawfull Attorney for me & in my name & to myself to ask & demand of & from
Charles Bayliss gent the Said Def[endan]ts Clerk in Court the possession of the Said premisses in
quescon pursuant to the Said Order and of the Said Samuel Ennys doe in & by those present give &
grant unto the Said Robert Chimmow my full & absolute power in the premisses, and ratifying &
confirming all & whatsoever the Said Robert Chimmow shall lawefully doe in the premisses and
Witness thereof I have here unto Sett my hand & Seale this fourteenth day of November in the Sixth
yeare of the Raign of our Soveraign Lord George by the grace of God of Great Brittaine & Ireland
King Defender of the faith Anno Domini 1719
Signed Sealed & Delivered
In presence of Thomas Terrill Sam: Ennys (seal)”

EN/196/20

“Inter Samuel Ennys Ar[miger] Quer[ens]
Thomas Tonkin Ar[miger] Def[endan]t
The pl[laintiff] intends to move the Court on Saturday next being the second Generall Seale that the
Deeds and writeings bro[ugh]t before by the pl[aintiff] left with John Orlebar Esq [uire] one of the
Mag[istrate]s of this Court pursuant to the Orders made upon the Hearing of this Cause may be
redelivered back to the pl[aintiff] This being the 25th day of February 1719
[signed]
Chimmow Rob. of [ ? ] Querens”

EN/196/21

“Inter Samuel Ennys Order
Thomas Tonkin Def[endan]t

Robert Chimmow Jun maketh oath that by this Doc[umen]t did on this five & twentieth day of
February in last past Mr Bayliss listing further in the Clarkes office with his Clark or Agent through a
Motion of a motion in writing purporting that the pl[aintif]f]intended to move the Court on Saturday
this week being the Second Quarter Lease that the Deeds, writings brought by the pl[aintif]f before
and left with John Orlebar Esq[uiire] one of the Mag[istrate]s of this Court pursuant to the Order
made upon the hearing of this Cause might be redelivered back to the plaintiff or to that effect was
paid to Mr Bayliss defendants Clark in Court for the Def[endan]t in this Cause and the Def[endan]t
is informed & verily beleived
Latin text
February 1719 [signed] J Orlebar
Rob Chimmow JUN
27 February 1719”

EN/196/22

“Enys v Tonkin Affid[avi]t Hingston 26th Jan 1721
In Cornwall Between Samuel Enys Ar[miger] Quer[ens]
Thomas Tonkin Ar[miger] De[fendens]
Benjamin Hingston Charles Tregea and Martin Nancarrow of the parish of St Agnes in the County of
Cornwall do severally make oath as followeth and first the s[ai]d Charles Tregea and Martin
Nancarrow severally say that they very well know Nicholas Donithorne of the s[ai]d parish of St
Agness in the s[ai]d county and that the s[ai]d Nicholas Donithorne for several years before the
eighth day of July 1719 did hold and enjoy of the Def[endan]t several parts and parcels of the
premises in question in the s[ai]d parish of St Agnes at and under several yearly rents and other dues
payable for the same whi[ch] s[ai]d he held on for many months after the compl[ainan]t Ennys had
taken possession of them but what all the yearly rents and other dues are those Deponants say they
cannot set forth all whi[ch] premisses those Deponants have held and do verily believe were
purchased by the conpl[ainan]t under the Decree of this Honourable Court and those Deponants do
further make oath that they were present and in company with the s[ai]d compl[ainan]t and the
s[ai]d Nicholas Donithorne on the Thirtieth Day of January 1719 when and where the compl[ainan]t
did Demand of the s[ai]d Nicholas Donothorne all the rents and other dues of the s[ai]d premises
held by him as afores[ai]d whereupon the s[ai]d Nicholas Donithorne did ask the compl[ainan]t what
rents and dues he demanded and what the same amounted unto to whom the compl[ainan]t
replyed that he had neither the counterparts of the Leases nor any Rental of the premises in
question by said he would leave it to his the s[ai]d Donithorne’s own conscience to pay him such
costs and other dues in proportion as he had formerly paid or had agreed to pay to the Def[endan]t
Tonkin for the same or to that effect whereupon the s[ai]d Nicholas Donithorne replyed that if so the
compl[ainan]t did not know what to demand or would not pay him a farthing more than he could
recover by Law or to that effect and at this time the s[ai]d Donithorne declared that he had paid
some of the said dues to the agent of Mr. Vincent and some other dues to the Def[endan]t Tonkin
and those Deponants Hingston and Tregea do farther severally make oath that they were present
likewise on the twenty ninth day of April 1720 when the s[ai]d compl[ainan]t did again demand of
the s[ai]d Nicholas Donithorne the several Rents due from and payable by him for the premises
afores[ai]d but the s[ai]d Nicholas Donithorne refused or Denyed the payment thereof
Given at Gluvias in the Court of Cornwall Charles Tregea
26th day January in the yeare of our Lord 1721 Martin Nancarrow
by me Benjamin Hingston
John Pearce
Nicholas Extrer”

EN/196/23

“Inter Samuel Enys ar[miger] Quer[ens]
Thomas Tonkin ar[miger] Def[endens]
The pl[aintiff]s Charges ag[ain]st Mr Nicholas Donithorne
The pl[aintiff] charges the s[ai]d Nicholas Donithorne with Tinn & money for Tinn rec[eiv]ed by him for Dish & farm Dues out of whole Trevannas Adventure halfe of the s[ai]d Dues being for the farms w[hi]ch wholly belongs to the pl[aintiff] & one halfe of the Dish Dole as foll[ows]
Midsomer Coynage 1719 from the 7th of May 1719 to the first of August following the s[ai]d Mr Donithorne rec[eiv]ed for the s[ai]d Dues in money the sum of 30:09:00
Mich[aelm]as Coynage 1719 The s[ai]d Mr Donithorne rec[eiv]ed £10:0s:1d of white Tinn w[hi]ch vallued at £57 p[er] hundred weight being then the price curr[en]t 28:19:00
Christmas Coynage 1719 The s[ai]d Mr Donithorne rec[eiv]ed in money for Tinn by him sold the sume of 20:07:06
The pl[aintiff] likewise charges the s[ai]d Mr Donithorne with the Dues of a parcell of Tinn carryed off by the s[ai]d Mr Donithorne horses & Agents the 4th of March 1719 Donyed by the pl[aintiff] in p[er]son amounting to the sume of £02:00:00
The whole Tin Dues to be demanded £82:03:06
The pl[aintiff] likewise charges the s[ai]d Mr Donithorne with one yeares Rent of 3 Stamping Mills on Trevannans from Midsumer 1719 to Midsumer 1720 at £35 p[er] ann[um] 35:00:00
As alsoe for 2 other Stamping Mills on Porth Chapple from Midsumer 1719 to Do 1720 at £15 p[er] ann[um] Rent 15:00:00
As alsoe for 3 Q[uarte]rs of a year for Lonobry Blowing house (vizt) from Midsumer 1719 to 12th Aprill 1720 at £27:1s:6d p[er] ann[um] rent 20:06:1 ½
As alsoe for 4 yeares & 3 q[uarte]rs rent of the higher Smiths Shopp at £4 p[er] ann[um] due at Ladyday 1724 19:00:00
Alsoe for ½ yeares rent of a shopp let tat £8 p[er] ann[um] due at Xmas 1719 04:00:00
Alsoe for ½ yeares rent of another Shopp lett at £1:10s:6d due at Xmas 1719 00:15:00
The pl[aintiff] likewise charges the Def[enden]t w[i]th the convenconary Rents reserved on 5 Sev[er]all Leases of 5 Sev[er]all Tenem[en]ts in his poss[ess]ion being p[ar]coll of the p[re]misses in quecon [question] amounting to the yearly Sume of ________ w[hi]ch for [ ? ] & ¾ of a yeare from Midsumer 1719 to Ladyday 1724 amounts to the Sume of_____________
The s[ai]d pl[aintiff] craves Lib[er]ty to add to or alter this his Charge as he shall be advised
Mr Chimmow
The former parte of the demande relating to the Tinn may be usefull to you in ye amending Donnithorn’s Bill the demande being
£82:3:6 S.E.
To Mr Robert Chimmow In Greyhound Court near ye Temple
Eny The pl[aintiff] Charges ag[ain]st Nicholas Donithorne
Tonk
Lost 2d March 1733
Chimmow”

EN/196/24

“Affid[avi]t of Reginald Hawis
In Cornwall Inter Samuel Enys Ar[miger] Quer[ens]
Thomas Tonkin Ar[miger] Def[endan]t

Matthias Tubb of the Burrough of Truroe in the County of Cornwall gent maketh oath that on the
tenth of October in the yeare of our Lord One thousand Severn Hundred and twenty he personally
served Reginald Hawis of Kelliow in the said County Esq[uire] with a Writt of Execution of an
Ord[er] issued out of this Honourable Court the thirty first day of August then last past by showing
unto him the said Writt the Seale of this Honourable Court and delivering unto him a true Copy
thereof whereby it was ordered that the said Mr. Hawis should at the plaintiffs charge bring before
Mr. Orlebar lat[el]y one of the Ma[ster]s of this Honourable Court the Writings in this custody or
power, relating to the premises in question or to that effect
Judgement given 28th day November
In the year of the reign of King George now King of Great
Britain in the 8th year of our Lord 1721
M: Tubb
W Hingston”

EN/196/25

EN/196/26 and EN/196/28 slight variations
“Mr Enys Case against Tonkin – Wheal Rose St Agnes
Mr Enys’s Case
In 1703
Hugh Tonkin & Michael Tonkin having borrowed a great sume of money of James Kempe Esq[uire]
convey’d by way of Mortgages divers Mannors Messueges Lands & Tenements Together w[it]h divers Tyn Mines & Copper Mines & divers Shares in Tyn Mines & Copper Mines which are p[ar]ticularly mensoned in the Mortgages & all other their Tyn Mines and Copper Mines & p[ar]ts & Shares of Tyn Mines & Copper Mines in the County of Cornwall & among these Mines mensoned in the s[ai]d Mort[gag]es is a Certain Mine Called Whele Rose of which the Mortagors were then possessed of an 8th p[ar]t
In 1704
Said Hugh & Michael Tonkin not having paid the mortgage money mens[ione]d in the former Deed & having occasion for a further sume They together w[it]h Thos. Tonkin son & Heir of s[ai]d Hugh confirmed the former Mort[gag]e & also convey’d to Mr Kempe four other premises for security of the money due Defeizible on paym[en]t of s[ai]d Debt & interests at the times therein limited. But these sumes not being paid in full & Mr Kempe calling in his money
In 1710
Mr Thomas Tonkin (who was now Intitled to the Equity of Redemption of the Premises Hugh his father now being dead) Applyed to Samuel Enys Esq[uire] to lend him money to pay off Mr Kempe who thereupon for & in costs of £5000 to him paid by Mr Enys & in conjunction w[it]h s[ai]d Thomas Tonkin, Assigned the whole Mortgaged premises to Mr Enys defeizible also on payment of the principall Money & Interest at the time therein limited But Thomas Tonkin failing to pay the money & the security being [ ? ]
In or about 1714
Mr Enys delivered Injunctions on the Mort[gag]e premises & likewise styled A Bill in Chancery to foreclose the Equity of Redemption & after four years Law Suit the Court of Chancery decreed the Mort[gage]d premises to be sold for payment of Mr Enys’s money & he being the best bidder was
In 1719
Confirm’d the purchasor for £8000: being £1200: costs then what remained due to him the Mortgages for principal & Interest & Two injunctions & a Writt of Assistance was granted by the Court of Chancery for putting & quieting Mr Enys in the possession of the Mortgaged p[re]mises which were serv’d on the Tenants p[ar]t & Mr Enys thereupon had possession of the greatest part thereof, But as to Whele Rose Mines Mr Enys co[ul]d never gett poss[ess]ion of the s[ai]d 8th part thereof Mr John Coster being lett into poss[es]ion thereof by Thomas Tonkin & has still kept possession thereof 1714
Note in 1703 & 1704
When the Mort[ga]ges were made to Mr Kempe Hugh & Michael Tonkin or One of them was in the poss[es]ion of the s[ai]d 8th part of Whele Rose Mines and in 1710 [ ? ] when the Assignment was made by Kempe & Thomas Tonkin to Mr Enys, Thomas Tonkin was in poss[ess]ion thereof & continued to pay the Charges of working the seams & of Carrying on the adit which was then driving to unwater the seams till December 1713
For a further explanation of the Matters in Dispute Whele Rose is an Ancient Tyn & Copper Mine & in or ab[ou]t the year 17 this being wrought very deep & the Quantity of water that was in the Bottoms hinderring her from being Effectually wrought the adventurers then took the Levells of, & begun, an Adit or Drain at ( ?) two Miles distance to unwater the mines, & took Setts for Tyn of All the Bounders who own’d the Tyn Bounds thro[ugh] which the Adit was to be driven from the Tail of the Adit to the Mine itself And the Adit was begun & the Setts for Tyn were taken long before the Assignment to Mr Enys in 1710: But the owners of the Land thro[ugh] which the Adit was to be driven had, long before, granted Setts to ow[ner]s of the Copper Company for working for Copper in the s[ai]d Lands which Setts for Tyn & Copper being in different hands & so Clashing w[it]h Each Other, The Copper Company & adventurors in Whele Rose Came to an Agreement whereby the Copper Company by Instrumental in writing dated the 28th of February 1711. Assign’d over their Right to the Copper Setts, to the Adventurers in Whele Rose, On Condition of their having the [production?] of all the Copper Ore, And they Enjoy’d the Same – Accordingly But the Adit being to be driven thr[ough] a vast Tract of Ground which would take a great number of years for completing And there being but six years or thereabouts to Expire of Mr Nance’s Setts who own’d part of the Lands, The Adventurers in Whele Rose surrendered up the Copper Company’s Sett in 1716 & took a new one from Mr Nance for 31 years in the names of Mr Pollard Mr Thomas Tonkin and Mr Hearles three of the adventurers in Whele Rose on behalf of themselves & the costs of this Adventure on the usual Conditions
There was Afterwards (viz) in the year 1724 a Sett made by Sir John St Aubyn Barr[one]tt (who is the other p[ar]t Owner of the Lands between the Adit End & Whele Rose) to some of the adventurers on behalf of the rest
Observe
Altho[ugh] Mr Coster (as is before mentioned) has paid the Costs for Tonkin’s Eighth p[ar]t for Many years (viz) from the year 1714, and now receives great profitts from it, some very rich Loads or veins of Tyn & Copper having been lately Discovered in Sir John St Aubyn’s & Mr Nance’s Lands, which has over paid the Charges of driving the Adit yet Mr Enys had not acquiesced in Mr Coster’s poss[ess]ion, for he made an Entry on the Same by seizing Some of the Tyn Stuff about years ago by virtue of his writ of Assistances at one of the Shafts belonging to the said work or Adit & has since frequently demanded his right there to and also an amount of these charges of the s[ai]d Adit & offorded to pay his proportion of his Charges thereof – So that he never Acquiesced -in Mr Coster’s & Tonkin’s Tithes
Note The original Mine of Whele Rose is in the Land which was at first mortgaged & Since sold to Mr Enys by the Court of Chancery and the severall Setts for Tyn between the Tail of this Adit and Whele Rose were granted to the adventurers before the Assignm[en]t to Mr Enys in 1710 which Thomas Tonkin had the possession thereof, And all those Setts of the Land (both for Tyn and Copper) thro[ugh] which the Adit is driven, was made for the benefit of the Mine of Whele Rose itself which would not be wrought any more without the help of this deep Adit, so that those Setts & this deep Adit can be Esteemed no other than Appurtaunces to the Mine itself, And was Apprehend that as Mr Enys was legally Intitled to (tho[ugh] not in the actuall poss[ess]ion of) the said Mine of Whele Rose, he shall also be Intitled to All new Setts which were & have been made to the adventurers in generall for the benefitt & life of this s[ai]d Originall Mine as they are now fully coherent w[it]h each other And Mr Tonkin or Mr Coster ought to be deem’d in Equity as Trustees for Mr Enys & no otherwise/2
EN/196/25
“Note There was a former sett made of Sir John St Aubyn’s Lands in 1716 by his Trustees to hold till he sho[ul]d Come of Age
Quere As Mr Enys by virtue of his mort[gag]e had a legall Title to Tonkin’s 8th p[ar]te of Adventurers in Whele Rose Mine, and as this Assignment from The Copper Company is to the Adventurers in generall whether Mr Enys had not an Equitable Title to Tonkin’s p[ar]te under s[ai]d assign[men]t altho[ugh] Tonkin was then in possession & if any Tyn setts have been granted to the adventurers in generall either before or since the [ ? ] to Mr Enys in 1710 shall not Mr Enys in right of Tonkin be Intitled one 8th p[ar]te thereof Tonkin’s possession being only in the Nature of a Trustee for Mr Enys”
EN/196/26
“Quere To whom 1/8th p[ar]te [ ? ] adventure in the mine the [ ? ] Towans belongs [ ? ] whether Mr Enys is intitled to it by virtue of his mortgages & [ ? ] [ ? ] before [ ? ] or whether which setts for the mine [ ? ] Towans for copper & also for [ ? ] Tyn as was taken after the date of the Mortgages will be [ ? ] right of Mr Tonkin”
EN /196/25, /26
“In 1710….Mr Kemp who thereupon for & in costs…. “
EN/196/26
“…thereof but Mr Coster acknowledges Hugh Tonkin never made him any Deed or Grant of the same”

EN/196/27

Titled 19th May 1732

Sto: Roberts + others to Samuel Enys Esq

Bond in £5000 for the performance of covenants 

Ans{we]r to the 3rd Allegation – Let Mr Tonkin shew his Title to Tamblin’s Lease: For by what he setts forth, the Title is in Collins. But should he shew his Title, I suppose it will appear that he bought in this Lease of Collins, which Lease is merged [mortgaged] However, that be, It is conveyed to Kempe + to Me; And the Lease not Excepted.

To the 4th

All mills messuages etc. in Goen-free Als[o] Goenbrea, Als[o] Porthchapell are conveyed – This Lease not Excepted: And I suppose bought in, + mor[tga]ged –

To the 5th

I never possess’d , that I know, any Estate in Lambourn that was Tom Oat’s.  I pay’d Nichs Williams Rent for his Tenem[ent home to his, death when it fell in hand, from which time I have possess’d it under the Conveyance of the Mannor of Lambourn. 

A Moiety of the Manor of Penwennack – And also those messuages Lands Tenements & Hereditaments, Bolster & Polglase, with the appurtenances situate lying & being in the severall Parishes of St Agnes, St Erme & Cubert in the County of Cornwall are conveyed without any Exception or distinction, or of whome purchased.  Soe that I thinke my Title is good to Richards’s now Bradford’s Tenem[en]t in Trenisack, as I am to Rich[ar]d Andrew’s Trenisack  If it settled on Mrs. Tonkin, she can’t have a Title to it in her Husband’s lifetime.   If I am not Entitled to it & will by the mortgages, Mr Tonkin owes me above £1100 principall from April 1719 – besides growing Int[erest]

 The 6th Nor Regarded

 To the 7th

 This was never in H. Hawkins power to grant, for many reasons.  But let this one suffice, Vis, that two parts in threee is Free [hold], as parte of Trevawnans, purchased of the Heirs of Tonkin.

 To the 8th

 The Additt herein ment[ion]d to be Excepted, if it be soe; it is Excepted to his Father of Life towards his Maintenance.   If this be what he means by the exception, Himself sets forth upon Oath in the 70th.  Folio of Depositions, that his Father sometime before his death disposed of all his Tin Adventures att a publick survey.  [deleted section] “ If he means that they are Excepted to Himself, I believe they are not. But if they are Therefore this whele dreath which he mentions must be another new undertakeing, & not the same which is excepted – N. B. but the sett of Whele- dreath grew void & forfeited, & I begun & carried it on att my own Expence – see my Tryall with Capt[ain] P{rideaux.  In short, if I possess any Estate which I have noe Title to, it is Mr Tonkin’s own fault, who ought to apply to the Court for possession of them; which noe doubt he would have done, had he a better Title than myself. Or att least he would to save charges have shewn me his Title; but this he never did:  but in Contempt of this Order of the Court of Chancery, refuseth to deliver me any writeing relating to the Estates in mortgage – for which refusal he stand’s committed-

Transcribed by Steve

EN/196/29

Part of a pack of several documents

Enys v Tonkin
“I appoint to consid[eration] of the mag[istrate] referred on Munday next at 11 of the Clock in the fore noon at my Chamb[ers] in Chansery Lane at [ ? ] time all p[ar]ties soumined [summoned] are to attend dated the 21st day of May 1719
Att w[hi]ch tyme I shall make my Rep[or]t & at the same tyme I shall allow of the pl[aintiff] to be the best Purshasor of the p[re]misses in quecon [question]
J Orlebar
Ennys [ ? ] Tonkin
I appoint to Consid[eration] of the mag[istrate] Referred on Thursday next at 11 of the Clock in the fore noon at my Chamber in Chansery Lane at [ ? ] time all p[ar]ties soumened here to Attend Date this 26 day of May 1719 [ ?] him I shall Rep[or]t Mr Ennys the Best Purshasor
J Orlebar
Ennys v Tonkin
I appoint to Consid[eration] of the mag[istrate] referred on next Wednesday at 11 of the Clock in the fore noon at my Chamb[ers] in Chansery Lane at [ ? ] time all p[ar]ties sommoned are to Attend Date this first day of June 1719
J Orlebar

[ ? ] Ennys & Tonkin
I appoint to Consid[eration of the mag[istrate] referred on Saturday next 10 of the Clock in the fore noon at my Chamb[ers] in Chansery Lane at this time all p[ar]ties soumened here to Attend Dat[ed] this 4th day of June 1719 at w[hi]ch time I shall pass my Rep[or]t of principall Interests & Costs p[er]suant to an Arr[angemen]t signed by pl[aintiff] & Def[endan]ts & at the same time shall allow of the pl[aintiff] to be that best pursharger of the p[re]misses in quecon
J Orlebar
Ennys v Tonkin
I appoint to Consid[eration of the mag[istrate] Referred on Munday next at 3 of the Clock in the afternoon ay my Chamber in Chansery Lane at [ ? ] time soumined are to attend Dated the 20th day of June 1719
J Orlebar
A proposall is left with me for the Estate in quecon
Mr Dalton
[ ? ] [ ? ] the above [ ? ] this day [ ? ] [ ? ] [ ? ] [ ? ]
20th June 1719
William Hodgson

Ennys & Tonkin
I appoint [ ? ] [ ? ] of the matters referred on Tuesday next at 4 of the Clock in the afternoon att my Chamber in Chansery Lane att which time all parties concerned are to attend date this 22th day of June 1719
J Orlebar
22th June 1719
Samuell Ennys Esq[uire] pl[aintiff]
Thomas Tonkyn Esq[uire] Def[enan]t
The pl[aintiff] Mr Ennys proposes to give for the Estate of the Def[endan]t Tonkyn Decided to be sold before Mr Orlebar the sume of Eight thousand pounds & to take the Tytle of all adventurers “

Continuation of documents numbered EN/196/29
“For the pl[aintiff] Samuell Ennys Esq[uire] pl[aintiff]
Thomas Tonkin Esq[uire] Def[endan]t
To oppose the Def[endan]t giving back to [ ? ] a better Purchasor
The Pl[aintiff]s Cases The Def[endan]t wanting money the pl[aintiff] on the 16th January 1710 lent him £5000 on a Mortgage of Lands in Cornwall & on 17th January 1711 the pl[aintiff] lent him the further sume of £2169 & for [ ? ] the repaym[en]t granted the Equity of redemption of s[ai]d p[re]mises und[er] a Provivsor that both s[ai]d Mortgages sh[oul]d be voyed on paym[en]t of £7169 w[it]h Interest on the 16th July next
That Def[endan]t not paying the Interest the pl[aintiff] in Trinty Terme 1713 filed his bill of foreclosure ag[ains]t the Def[endan]t being then a Member of Parliam[en]t insisted on his priviledge but at last they [ ? ] loan agreem[en]t and by an Ord[er} by Consent of the
12th February 1o Georgij Mr Henry Hawking was appointed Receivor of p[re]mises in quecon & had power to grant Leases of the Estates and Lands & was to pay pl[aintiff] £350 same February, £350 2nd August 1715 £350 2nd February 1715 & £350 2nd August 1716 or within 30 days after each of s[ai]d Days of paym[en]t & the Surplus he was to pay to the Def[endan]t & if Def[endan]t sh[oul]d pay pl[aintiff] on or before 23rd August 1716 £8000 & such other sumes as sh[oul]d appear to be further due then pl[aintiff] was to abate Def[endan]t £1000 out of the whole & release for all costs at Law & in Equity & assigne his securityes but in Default of such paym[en]ts the pl[aintiff] was at Lib[er]ty to sett down the Cause to be heard for obtaining a Decree for speedy sale of s[ai]d p[re]mises w[hi]ch in 6 months after such Decree in ord[er] to pay pl[aintiff] his principall & Interest due on s[ai]d p[re]mises w[hi]ch costs w[i]th out any Abatem[en]t of s[ai]d £1000 & Def[endan]t was to appear granted on ten days Notice [ ? ] [ ? ] in Co[ur]t & waive his priviledge in Parliam[en]t”

“That Mr Hawkins p[ai]d the halfe yearly paym[en]ts of £350 but the £8000 not being p[ai]d the pl[aintiff] sett down his Cause to be heard & the same [ ? ] on to be heard 8th February 3 Georgij when the Def[endan]t made default & the pl[aintiff] only obtained a Decree Nisi for a sale
26th October 4o Georgij The Cause was heard & the Co[ur]t saw noe Cause to alter direcons [directions] given on the former Hearing & Ord[ere]d the Decree to be made absolute
That the Estates were advertized to be sold imediately upon [ ? ] the last Decree & one p[ar]te] of our security being a Lease of the Moyty of the Toll Tyn in Cornwall the same is since fallen into the [ ? ] hands by the death of the Lives & the pl[aintiff] applyed to the [ ? ] Counsile to [ ? ] the Lease for as [ ? ] a security for his money w[hi]ch was ord[ere]d & thereupon the Def[endan]t & our Mr Vincent his near Relacion entered into a Treaty w[i]th the pl[aintiff] & Mr Vincent p[re]tended [ ? ] s[ai]d pay £7500 of the Debt due to the pl[aintiff] & have kept pl[aintiff] in suspense for a year last past & by those contrivances hath gott the Toll Tyn from the pl[aintiff] or at least a promise to have the Lease thereof for the same fines pl[aintiff] was to pay & thereby deprived pl[aintiff] of part of his security & pl[aintiff] finding their pretends to be but a shuffle
6th June 1719 The Mag[istra]te certifyed there was due to the pl[aintiff] from the Def[endan]t for principall interests & costs on Mortgages in quecon the 21st April last £9104:12s:6d w[hi]ch Rep[or]t is since absolutely confirmed & on same
6th June 1719 The Mag[istra]te Certifyed the pl[aintiff] the best Purchasor of the p[re]misses for the sume of £7200
17th June 1719 The Def[endan]t [ ? ] to show Cause ag[ain]st this last Rep[or]t & prayed to give back p[re]tending that one Mr Francis Fote w[oul]d give £7300 for the Estate w[hi]ch was Ored[ere]d but the Def[endan]t was to procure a better Purchasor by the first [ ? ] after the Former or the Ord[er] of 8th June for confirming Nisi was to be absolute

23rd June 1719
The Mag[istra]te Certifyed that one Mr Francis Saule offered £7300 for the Estate Having a good tytle made to him but the pl[aintiff] offered to give £8000 for the Estate & take the tytle at all adventurers & there upon the Mag[istra]te Certifyed the pl[aintiff] the best bidder & allow him to be the Purchasor for £8000
24th June 1719 The Rep[or]t was confirmed Nisi Causa
25th June The Def[endan]t was served w[i]th the Ord[er]
Therefore if the Def[endan]t sh[oul]d [ ? ] to show Cause to give back again for another Purchasor [ ? ] oppose it there being [ ? ] [ ? ] in the case but the pl[aintiff] & its only to gett over the long vacacion [vacation] & [ ? ] the pl[aintiff] out of poss[ess]ion having never rec[eiv]ed a penny Interest since last paym[en]t of the £350 in August 1716 But if the co[u]rt sh[oul]d p[er]mitt him to go back – [ ? ] the p[er]son depositing £1000 & take the tytle in all Events as the Mag[istra]te hath Certifyed the pl[aintiff] will doe”
On the exterior of document the following is written:-
“To oppose the Def[endan]ts showing Cause ag[ain]st confirming pl[aintiff] the Purchasor of P[re]misses in quecon if noe Cause show no [ ? ] the Co[u]rt pray the Ord[e]r maybe made absolute, we have an affid[av]it & Costs
Chimmow per Quer[ens]”

EN/196/29 continued
“Affidavit [ ? ]
Inter Samuel Ennys ar[miger] Quer[ens]
Thomas Tonkin ar[inger] Def[endens]
Robert Chimmow maketh Oath that he this Dep[onan]t did on the [ ? ] day of this Instant May p[er]sonally serve the Def[endan]t Thomas Tonkin w[i]th [ ? ] of a mocon [motion] in writing purporting that the s[ai]d compl[ainan]t intends to move the Co[u]rt at the next Gen[er]ale Seale or soe soon after as Counsell could beheard that the Def[endan]t might forth w[i]th bring before & leave w[i]th Mr Orlebar one of the Mag[istra]tes of this Co[u]rt to whom this Cause stands referred his marriage settlem[en]t & all the tytle Deeds & Counterparts of Leases of or belonging to the p[re]misses in quecon [question] or in default thereof that he might stand Comitted to the prison of the fleet or to that effect
[latin] 15o [latin] May 1719
Robert Chimmow”

EN/196/29 continued
“Inter Samuel Ennys ar[miger] Quer[ens]
Thomas Tonkin ar[miger] Defor[cian]t
Robert Chimmow maketh oath that this Depon[an]t did on the tenth Day of June Instant p[er]sonally serve the Def[endan]t with an Ord[er] made in this Cause the eighth day of the same month by delivering to the said Depon[an]t a true coppy of the said Ord[er] and at the same tyme showing unto the ord[e]r itself duely past and untoward whereby it was Ord[ere]d that a Report therein menconed [mentioned] to be made by Mr Orlebar one of the Mag[istra]tes of this Co[ur]t dated the sixth day of the same June and all the matters and things therein contained – should stand – ratifyed and confirmed by the Ord[e]r authority and Decree of this Co[ur]t to be observed and p[er]formed by all p[ar]tyes thereto according to the honour and [ ? ] containing thereof unless the Defor[cian]t having notice thereof should within eight days after such Notice show unto this Co[ur]t good Cause to the contrary or to that effect
[latin 24o [latin] Junij 1719
Robert Chimmow G Bennett
[ ? ] 24 June 1719”

EN/196/29 continued
“Ennys & Tonkin
Francis Saule wollon Draper proposed to be Purshasor of the Lands Demeed to be sold in this [ ? ] at the price of seven thousand & three hundred pounds haveing a good title made him of the p[re]misses this being the 19th of June 1719
F Saule”

EN/196/29 continued
“Inter Samuel Ennys ar[miger] Quer[ent]
Thomas Tonkin ar[miger] Defor[ciant]
[ ? ] s[ai]d Compl[ainan]t intends to move the Co[ur]t at the next Ger[er]all Seale or soe soon after as Counsell can be heard that the Def[endan]t may forthw[i]th bring before & have [ ? ] with Orlebar one of the Mag[istra]te of the Co[ur]t to whom this Cause stands referred his marriage settlem[en]t & all tytle Deeds & Counterp[ar]tes of Leases of or belonging to the p[re]misses in quecon[question] or in default thereof that he may stand comitted to the Prison of the fleet dated 11th day of May 1719”

EN/196/29
“Samuel Ennys Esq[uire] pl[aintiff]
Thomas Tonkin Esq[uire] Def[endan]t
The case The pl[aintiff] the 10th of January 1710 lent the Def[endan]t £5000 & £2164 on a Mortagage of [ ? ] [ ? ] & Lands in Cornwall br[ough]t his bill to foreclose the Def[endan]t & on the 12th February 1o Georgij Itt was ord[ere]d by consent that Mr Hawking sh[oul]d be appointed the Receivor of the rents & sh[oul]d have power to grant Leases of the Entytled Lands w[i]th the Def[endan]ts Consent & sh[oul]d pay the pl[aintiff] £1400 on 4 [ ? ]halfe yearly paym[en]ts in the ord[e]r menconed [mentioned]& if the Def[endan]t sh[oul]d paym[en]t the pl[aintiff] £8000 on or before the 23rd August 1716 then the pl[aintiff] was to abate £1000 of w[hi]ch sh[oul]d be due & assigne the Mortgage & the poss[ess]ion not to be altered till default [ ? ] but in default of paym[en]t the pl[aintiff] was at Lib[er]ty to sett down his Cause to be heard for obtaining at Decree for a sale w[i]thout abatem[en]t of s[ai]d £1000
8th February 3o Regis the Cause was heard & it was referred to Mr Orlebar to take an acco[un]t of w[ha]t was due to the pl[aintiff] for principall Interest & Costs & the Mag[istra]te to see the Estate sold & the money arising by sale to be applyed to pay pl[ainti]ff & [ ? ] if any to be p[ai]d pl[ainti]ff & this Decree to be absolute unless Cause or
26th October 4o Georgij the Decree was made absolute and all p[ar]tyes were to bring all Deeds & writing before the Mag[istra]te
7th March 1718 the pl[ainti]ff br[ough]t all Deeds in his Custody or power before the [ ? ] the [ ? ] Certifyed The Def[endan]t was served w[i]th a writt of Execucon [Execution] of the s[ai]d Decree but hath not br[ough]t the Deeds & writings in his Custody before the Mag[istra]te as by Decree he ought to doe soe that the Ma[gistra]te can’t make out any Title to a purchasor

21th April 1719 The pl[ainti]ff & Def[endan]t have signed an acco[un]t whereby it appears there is due to the pl[ainti]ff for principale & Int[erest] £9004:12s:6d & have lumpt the costs at £100 whereby it appears there is £9104:12s:6d due to the pl[ainti]ff
The Def[endan]t & his friends have been for about a year past berating w[i]th the pl[ainti]ff to pay off the s[ai]d Mortgage but such beratings are come to [ ? ] End
Therefour pray now according to the Notice [ ? ] “

EN/196/29 continued this sheet of paper is torn (in 2 parts) where the tear is there are now words missing
“Inter Samuel Ennys ar[miger] Quer[ens]
Thomas Tonkin ar[miger]Defor[cian]t
Robert Chimmow maketh Oath that he this Depon[en]t did on the seaventh day of July one thousand seaven hundred & nineteen p[er]sonally serve the Def[endan]t Thomas Tonkin with a true coppy of an ord[e]r made in the cause the fifteenth (words missing) was ord[ere]d that the s[ai]d Def[endan]t Tonkin should within four days after Notice thereof bring before Mr Orlebar (the Ma[gistra]te to whom this Cause stands referred) all Deeds and writings relating to the matters in quecon [question] pursuant to the s[ai]d Decree & ord[e]r of the six & twentyeth of October one thousand seaven hundred & seaventeen or in default thereof that the s[ai]d Def[endan]t should stand comitted to the Prison of the fleet or to that Effect
R Chimmow [ ? ] [ ? ] July 1720
[ ? ] 16 August 1720 [ ? ] R Godfrey

Inter Samuel Ennys ar[miger] Quer[ent]
Thomas Tonkin ar[miger] Defor[ciant]
The pl[ainti]ff intends to move the Co[u]rt on Monday next being the third Gen[er]all Seale for a writt of Assistance to be directed to the Sherriff of Cornwall to putt the pl[ainti]ff into the poss[essi]on of the p[re]misses in quecon[question] this being the 11th day December 1719

Chimmow per Quer[ent]”

EN/196/30

“Deed between Hugh Tonkin and Michael Tonkin unto Nic[holas] Donnithorne

One deed indented bearing date of 30 day of May anno domini 1704 made & granted by Hugh
Tonkin esq[uire] & Michael Tonkin Gent[leman] unto Mr Nic[holas] Donnithorne for the
consideration of Surrendering up 2 Leases & of 30th. Did Grant & Demise unto the said Nic[holas]
Donnithorne All that Messuage & Tenement commonly called by the name of Chesges [ ? ] with
the appurtenances in the Parish Of St Agnes. Excepting All Tinn [ ? ] [ ? ] for 99 Years. If he the
said Nic[holas] Donnithorne Johanna his Wife & Joseph Donnithorne or Either of them live soe long
Under the yearly Rent of 20s. Payable quarterly, On Capon yearly at Xmas or 12d for the Same, And
one Harvest journey yearly in the time of Harvest or 6d for the Same And 20s for a Herriott on the
death of each life. This deed executed by Michael Tonkin in presence of Thomas Tonkin & Hector
Trelevan, and by Hugh Tonkin in presence of Hector Trelevan and John Thomas.
One other Deed Indented bearing date of 27th day of August 1707 Made & Granted by Hugh Tonkin
Esq[uire] To Peter Gowen Blacksmith for the Consideration of the yielding up a former Lease & of
£20 He the said Mr Tonkin Did Grant all those Messuages Lands & Tenements in or called Breanick &
St Agnes Church Town then in the Tenure of the said Gowen Habend the said Premisses for 99 years
If the said Peter Gowen, Sidwell, his wife & Rich[ar]d their son or either of them should soe long
live Under the yearly rent of 20s payable quarterly And one Capon yearly or 12d And one Harvest
journey or 6d And 50s for a Herriott on the Death of each Life.
One other Deed Indented bearing date the 25th day of September 1706 Granted by T[homas] Tonkin
to Nic[holas] Donnithorne for the Consideration of Surrendering up a Former Lease & of £51 of the
said T[h]om[as] Tonkin Did Grant unto the said Donnithorne all that 4th parte (the whole in 4 equall
partes divided or to be divided) of in & throughout All Those Messuages Lands Tenements & those
Heriditaments called Penwennack, Parcell of the Barten & Manner of Penwennack (Excepting all
Tinn etc) Habend said 4th parte of said Messuages for 99 years. If the said Nic[holas] Donnithorne,
Johanna his wife & Nicholas their son or Either of them shall soe long live Under the yearly Rent of
10s payable quarterly, One Capon or 12d & One Harvest Journey or 6d And 20s for a Herriott on the
death of Each Life.
Viz – Thomas Tonkin before either of the Mortgages had in fee one moyety of the Manner of
Penwennack: Mr Bassett had one Quarter and Mr Nance the other Quarter. Mr Bassett long since
granted a Lease of one eighth part to Mich. Tonkin during his Life by which Title he & Thom[as]
Tonkin Enjoyed it many years. About the year 1706 or some time before as is supposed, Nic[holas]
Donnithorne purchased of Mr Bassett the Fee of this 8th parte in Revertion of Mic[hael] Tonkin’s Life:
Then on the 25th day of December 1706 Gave Mr T[h]om[as] Tonkin the said Fee of said eigth parte
soe purchased & a Summ of money, for a Lease of said Quarter parte for 99 yeares determinable on
the Deaths of said Ni[holas] Donnithorne, his wife & their Son Nich[ola]s. Soe that by this means
Donnithorne has parted with the Inheritance to Tonkin & is now but a Lessee & that Lease is void.
However, this purchase of Mr Bassett’s Quarter parte being not in my Mortgage I have noe Right to
the Quarter parte of the Toll Tinn thereof”.

Note: Toll Tinn equals the part of revenue from tin produced that belonged to the ‘Lord’ ie Bassett,
another word used is ‘dish’, ‘a percentage of’. ie one sixteenth the latter is often used.

EN/196/34

“Oath 8th July 1719
Inter Samuell Ennys
Thomas Tonkin Def[endan]t
Robert Chimmow maketh oath that the [ ? ] Def[endan]t did on the five and twentieth day of June
last past [ ? ] for the Def[endan]t which an Order made in this Cause the four & twentieth day of
the same month by delivering to the said def[endan]t a true Coppy of the said Order & at the same
by the showing unto him the Order itself whereby it Was Ordered that a Reposession therein
witnessed by the said Mr Orlebar of this matter of this Court deci[d]ed the three & twentieth of the
same June (whereby the said Deed had certified the pl[aintiff] the cost Purchasor of the premises in
the said repossession mentioned) & all the [ ? ] & things [ ? ] Therein contained should stand
ratified and confirmed by the Order and Authority & [ ? ] of this Court to be obtained and
performed by all partys thereto according to this [ ? ] & [ ? ] thereof unless the Def[endan]t having
notice thereof should within eight days after such Notice produce unto this Court good Cause to the
contrary or to that effect.
[Latin] 8th day July 1719
J Mellor
R Chimmow 8 July 1719”

EN/196/36

Oath dated 15th day of July 1719

Inter Samuel Ennys
Thomas Tonkin Def[endan]t

Robert Chimmow maketh oath that the [ ? ] def[endan]t did on the thirteenth day of July in
quecon [question] deliver to the Bailiffs agent in the [ Six? ] Clerks office a Notice of a Motion in
writeing purporting the said complainant intends to move the Court on Wednesday that week being
the last Quarter [ ? ] that the Def[endan]t might forthwith deliver possession of the premises in
question to the Complainant and might be enjoyned from receiving any of the [ ? ] profitts
thereof & might forthwith [ ? ] Release of Equity of Redemption of the said Mortgaged premises
or doe such other act for confirming the said Estates as by the Order on Hearing was Directed to that
office & which said mentioned Mr Bayliss acts as Clarke in Court for Def[endan]t in this Cause
[ ? ] 15th day July 1719
R Chimmow”

EN/196/38

“Inter Samuel Ennys ar[miger] Quer[ens]
Thomas Tonkin ar[miger] Def[endens]
Rob[er]t Chimmow maketh oath that he this Dep[onen]t having a writt of Excecon [Execution] of an
ord[e]r made in this Cause & bearing Date the 15th day of July Instant und[e]r the great Seale of this
honu[r]able Co[u]rt whereby it was ord[ere]d that the Def[endan]t sh[oul]d forth w[i]th deliver the
poss[ess]ion of the p[re]misses in quecon [question] unto the pl[aintiff] & that he sh[oul]d be
enjoyned from receiving any more of the rents & p[ro]fitts thereof did severall tymes repaire to the
Def[endan]t Lodgings in Lincolnes Inn in order to serve him w[i]th a coppy of the s[ai]d writt soe
und[e]r Seale as afores[ai]d but could not [ ? ] w[i]th him & was informed by his Landress that he
was gone some where out of Town But where she could not tell and this Dep[onen]t did on the 27th
July Inst[ant] enquired of Mr Charles Bayliss who acts as Ag[en]t in Cou[rt] for the said Def[endan]t
in this Cause where this Def[endan]t might be found [ ? ] [ ? ] [ ? ] [ ? ] the s[ai]d Mr Bayliss
informed this Dep[onen]t that he had then lately seen the Def[endan]t but where to find him [ ? ]
at this Lodgings in Lincoln’s Inn he could not tell And this Dep[onen]t believes the s[ai]d Def[endan]t
absconds on purpose to avoyd being served w[i]th the s[ai]d ord[e]r
To all p[er]sons to whom those p[re]sent shall come Samuell Ennys of the Burrugh of Truroe in the
County of Cornwall Esq[uire] [ ? ] granting whereas by an order made in the high & honor[ab]le
Co[u]rt of Chancery this 5th Day of July instant [ ? ] in a cause therein depending wherein the
s[ai]d Samuell Ennys was pl[aintiff] & Thomas Tonkin of Trevawance in the s[ai]d County of Cornwall
Esq[uire] was Def[endan]t. Itt was ord[ere]d that the Def[endan]t sh[oul]d forthw[i]th deliver the
poss[ess]ion of the mortgaged p[re]misses to the pl[aintiff] & that he sh[oul]d be enjoyned receiving
any more of the rents & p[ro]fitts thereof Now knowe ye that [ ? ] [ ? ] [ ? ] Samuell Ennys doe
nominate & app[oin]t Robert Chimmow of the p[ar]ish of St Clem[en]t Danes in the county of
M[i]dd[lese]x Gent[leman] my true & lawfull attorney for me & in my Name to ask quecon [question]
& demand of & from the s[ai]d Def[endan]t Thomas Tonkin ord[ere]d Charles Bayliss his ag[en]t in
Co[u]rt the poss[ess]ion of the s[ai]d p[re]misses in quecon [question] Intailed [ ? ] [ ? ] [ ? ] [ ? ]
Now unto putt my hand & Seale the 27th Day July 1719”

EN/196/39

“Ennys v Tonkin

Affid[avi]t of Notice to move for injunction to putt pl[aintiff] into poss[ess]ion

Inter Samuel Ennys ar[miger] Quer[ens]
Thomas Tonkin ar[miger] Def[endens]
Robert Chimmow maketh oath that he the Depon[en]t did on the second day of December Instant p[er]sonally served Mr Charles Baylisse at his Seale in the Six Clerkes office with a Notice of a mocon [motion] in writing purporting that the pl[aintiff] intended to move the Co[u]rt of Friday then next being the first Generall Seale for a Jucon [injunction] to putt the pl[aintiff] into poss[ess]ion of the p[re]misses in quecon [question] and that the same might extend to compell the Rents of the p[re]misses in quecon to attorne Rents to the pl[aintiff] and pay their rents to him or to that effect which said Mr Baylisse [ ? ] of Clerke in Co[u]rt for the Def[endan]t in this Cause
Rob Chimmow [Jurare ?] 40 [diw ?] December 1719
ff Dormer”

EN/196/40

There are 2 copies of this document, slight variations in spelling and capital letters, the only
significant difference is an additional signature on one of the documents

“Inter Samuel Enys ar[miger] Quer[ens]
Thomas Tonkin ar[miger] Def[endens]
Robert Chimmow maketh Oath that this Dep[onen]t did on the thirteenth day July instant deliver to
Mr Baylisses agent at Mr Baylisses Seale in the Six Clerkes office a Notice of a mocon [motion] in
writing purporting that the s[ai]d Compl[ainan]t intended to move the Co[u]rt on Wednesday then
next being the last Gen[er]ell Seale that the Def[endan]t might forthwith deliver poss[ess]ion of the
p[re]misses in quecon [question] to the Compl[ainan]t & might be enjoyned from receiveing any of
the rents issues & p[ro]fitts there of & might forth w[i]th Execute a Release of the Equity of
redempcon [redemption] of s[ai]d Mortgaged p[re]misses or doe such other Act for confirming the
s[ai]d Estate as by the Ord[e]r on Hearing was directed or to that effect & w[hi]ch s[ai]d Mr
Baylisse acts as Clerke in Co[u]rt for the Def[endan]t in this Cause
R Chimmow [Jurate ?]15o [diw?] July 1719?”

EN/196/42

“10th October 1722
Enys & Tonkin
Mr Tubbs Affid[avi]t of [ ? ] Mr Donythorne
In Cornwall Inter Samuel Ennys ar[miger] Quer[ent]
Thomas Tonkin ar[miger] Def[orcian]t
Matthias Tubb of the Burrough of Truro in the County of Cornwall gent maketh oath that he the
Depon[en]t did on the tenth day of October last past personally serve Mr Nicholas Donnithorne of
the parish of St Agnes in the said County (one of the Tenents in possession of Sev[er]all partes of the
p[re]mises in question) with a true Copy of a Writ of Execucon [Execution] of an Ord[e]r mad[e] in
this cause the third day of April last past and at the same tyme Served unto him the said writt of
Execucon und[e]r the Seale of the Hon[oura]ble Court bearing Date the Second day of August last
past. Whereby it was ordered that the said Nicholas Donnithorne should within a fortnight may
produce all the leases w[hi]ch he hath in his Custody or power of any part or partes of the
p[re]misses in quecon [question] upon oath before Mr Conway one of the Ma[ster]s of this Court to
whom the matters in question now stand referred and alsoe make oath what other partes of the
said p[re]misses he hold at the tyme the plaintiffe was confirmed the purchasore [ ? ] since [ ? ]
The yearly Rents & other Dues – he was to pay for the Same – And the Master is to ascertain – what
Rent is due – & in arrears – from him the said Donnithorne and what shall be found to be [ ? ]
remaining due from the said Donnithorne for [ ? ] Rents & other dues it is alsoe thereby ordered
that he doe pay the same to the Plaintiffe on forthwith after the same – shall be soe asortained, Or
in default thereof that he the said Nicholas Donnithorne doe for such his Contempt stand committed
to the prison of the fleet
PS Matthias Tubb M Tubb
Latin text November 1722”

EN/196/43

“Ennys v Tonkin Hingston Affid[avi]t Jurate 4o July 1721
In Cornwall Samuel Ennys Armiger Querens
Thomas Tonkin Armiger Defendens
Benjamin Hingston of St Agnes in the County of Cornwall gent[leman] William Oppey of St Agnes
afores[ai]d Tinner and Richard Martin of the same Tinner do Severally make Oath That on Monday
the twenty sixth Day of June Last a parcel of Tyn Stuff Divided was allotted and maked for the
compl[ainan]t Samuel Ennys Esq[uir]e as apportaining to some or one of the Tyn Bounds or Tyn
Mines whereof the pl[aintiff] had possession by virtue of the Decree and prosess of This honourable
Court and Soon after Richard Tresize and Ralph Phillips of St Agnes afores[ai]d Servants to Mr
Nicholas Donithorne came and Demanded a Division and part thereof for their said Master which
was Refuted by This Deponent Hingston as agent for the said pl[aintiff] And Those Deponents
William Oppey and Richard Martyn for Themselves farther say That after the s[ai]d Deponent Mr
Hingston was gone the s[ai]d Richard Tresize and Ralph Phillips divided the s[ai]d Tynstuff and fitted
up part thereof in sacks to be carryed off on the s[ai]d Mr Donithorne’s horses which were Brought
there as Those Deponents Believe for That purpose the said Tresize Declaring also would take it and
carry itt away And This Deponent Benjamin Hingston for himself further saith that the said Tresize
did afterwards confess that he had carryed the s[ai]d Tin Stuff off by the s[ai]d Mr Donithorne’s
Order And That This Day he spoke with the s[ai]d Mr Donithorne about the s[ai]d Tin Stuff who
own’d That what the s[ai]d Tresize had Done in Dividing and carrying off the same was by his Order
and That he would Justifye and Defend him in it
[latin text] Benjamin Hingston
The sign of William Oppey
J Pearce The sign of Richard Martin
[latin text]“

EN/196/44 and /47

These two documents are copies of the same, only slight differences in the way the clerk
abbreviated the words. Marked by brackets are the two significant differences. One being the rent
of three stamping mills the other the plaintiff and defendant are muddled.

“Copy of Donithorne’s Affid[avi]t 22nd December 1722
Inter Samuel Ennis ar[miger] Quer[ens]
Thomas Tonkin ar[miger] Def[endens]
Nicholas Donithorne of St Agnes in the County of Cornwall Gent[leman] maketh Oath that he hath
left with Mr Stephen Hodges of the six Clerks Office all the Leases which he hath in his Custody or
power of any part or parts of the premeses in Queon [Question] and hath given the said Mr Hodges
orders to produce the same before Mr Conway one of the Ma[ster]s of this Court before whom the
Dep[onen]t was ordered to produce the same and this Dep[onen]t further saith that he designed to
have been in London with the said writings ab[ou]t a month since had he not been prevented by
sons sickness who was taken ill at Plymouth of a feavor and since dead and it being now so nigh
Christmas this Dep[onen]t is informed that the said Dep[onen]t – (Ma[ster?] grants no Warr[ant]s or
Summons’s to be attended otherwise this Dep[onen]t would have attended & produced before the
said Ma[ster?] all such Leases & should this Dep[onen]t stay in London till after Christmas it wo[ul]d
be a very great p[re]judise to himself & family he being chiefly conserned in buying & selling of Tinn
in the s[ai]d County & the principall time touching the same beginning the munday after New y[ea]rs
day and this Dep[onen]t further saith th[a]t he p[ai]d all the reserved rents due on such Leases to
the s[ai]d Def[endan]t on or ab[ou]t the beginning of November 1719 at St Agnes afores[ai]d where
he kept his Court as usuall as Lord of the Mannour of w[hi]ch s[ai]d Leases [promis?] were part &
where this Dep[onen]t usually p[ai]d or Caused the same to be p[ai]d and this Dep[onen]t further
saith that on the 26th of December 1719 he p[ai]d the s[ai]d Def[endan]t the sum of £22:7s:10 ½ d in
full of all rents due for the p[re]m[is]es that he rented yearly of the said Def[endan]t & took his rents
due for the p[re]m[is]es in on therefore for w[hi]ch s[ai]d p[re]mises he p[ai]d £84 that he rented
yearly of the s[ai]d Def[endan]t and took his receipt therefour for which s[ai]d p[re]mises he p[ai]d
£89:11:6d per annum no more and the Dep[onen]t further saith that the now pl[aintiff] & his
serv[an]ts or some p[er]sons by his order and this Dep[onen]ts serv[an]ts informed him on the 12th
of Apriil following took poss[ess]ion of one of the blowing or smelting house & a Dwelling house
w[i]th the appurtances lett at £26: 1s:6d p[er] annum being part of s[ai]d prem[is]es the rent
whereof from the s[ai]d 25th day of December to th[a]t time as Dep[onen]t computes the same
sumes £107:5s:10d and the Dep[onen]t further saith th[a]t on the 1st of May following the
Dep[onen]t Delivered Pl[aintiff] the poss[ess]ion of three stamping mills for w[hi]ch this Dep[onen]t
p[ai]d £35 (£25) p[er] ammum the rent whereof from the s[ai]d 25th December to the s[ai]d first of
May comes to £12:3s:0d as this Dep[onen]t computes the same and this Dep[onen]t further saith
th[a]t he did on the s[ai]d first of May deliver the Pl[aintiff] poss[ess]ion of 2 other stamping mills for
w[hi]ch the Dep[onen]t p[ai]d £15 p[er] annum the rent whereof from the s[ai]d 25th December to
the s[ai]d first of May as the Dep[onen]t computes the same sumes to £5:8s:6d And this Dep[onen]t
further saith th[a]t he still holds one smith shop at £4 p[er] annum w[hi]ch from the 25th of
December 1719 to the 24th of June 1722 amounts to £10 which severall sumes have often times
rendered to the Pl[aintiff] (Def[endan]t) by this Dep[onen]t who refused to receive all which were all
the Lands & p[re]m[is]es which this Dep[onen]t rented of the Def[endan]t for severall years before
the year 1719 except two shops which the pl[aintiff] took pos[sess]ion of soon after Christmas 1719
& one of which was lett to Dep[onen]t by Def[endan]t at £8 p[er] annum & the other for £1:10s:0d
p[er] annum and this Dep[onen]t further saith that he did not hear of nor was 9to his knowledge0
served with any order to stay the Rents in this Dep[onen]ts hands or to oblidge him to pay the same
to the now Pl[aintiff] till after the said 26th December 1719 and the s[ai]d Def[endan]t keeping his
Court publicklyon or ab[ou]t the beginning of November 1719 as afores[ai]d where severall other
Tenants came & paid him their rents this Dep[onen]t apprehended he was safe in paying his rents
then due & also the [accrueing?] rents to the 25th of December following and the Dep[onen]t further
saith that he hath left w[i]th the s[ai]d Mr Hodges five Leases granted by the s[ai]d Def[endan]t & his
late father & one Mr Hawkins or some or one of them who was a receivor appointed by this Court of
the p[re]mises in Queon [Question] as this Dep[onen]t is informed & beleived under the reserved
rents of £3:4s:6d p[er] annum as Dep[onen]t computes the same all which rents due from the 25th of
December 1719 have been duely tendered the pl[aintiff] or his steward at St Agnes afores[ai]d at the
times of his keeping of his s[ai]d Courts but his steward refused to receive the same saying th[a]t
they should be p[ai]d in a more Hono[ur]able Court as the Dep[onen]t was informed by the person
tthat he employed to pay the same and this Dep[onen]t further saith that he was & still is ready &
willing to pay the severall sumes of money due as afores[ai]d to the Pl[aintiff] or his order & will
from time to time pay such reserved rents as they shall become due at the s[ai]d Court as other
Tenn[an]ts usually do if Pl[aintiff] will receive the same and this Dep[onen]t further saith that he
would willingly have continued the s[ai]d [ptmes?] under the afores[ai]d rents but the Pl[aintiff]
insisted to be p[ai]d upwards of £40 p[er] annum more for the same w[hi]ch Dep[onen]t refusing to
pay he obliged him to quitt the same And seized part of Dep[onen]ts goods by means whereof & of
the Pl[aintiff] refusing to give this Dep[onen]t the usuall Liberties as other Ten[a]nts of s[ai]d
Mannour were accustomed to have that this Dep[onen]t was damaged £100 & upwards as he verily
believes
Nicholas Donithorne
[ ? ] 5o July 1723
[ ? ] 22o December 1722 [ ? ]
H. Lovibond”

EN/196/45

“Copy of Donothorne Aff[ida]vit 31st November 1723
In Cornwall Samuel Ennys ar[miger] Quer[ens]
Int[er] Thomas Tonkin ar[miger] Def[endens]
Nicholas Donithorne of St Agnes in the County of Cornwall Gent[leman] Maketh Oath that all the
time the Compl[ainan]t was Confirmed purchasor of the Estate in Question he this Deponent held
and rented of the Def[endan]t Tonkin One blowing house with its appurtenses under the yearly Rent
of Twenty six pounds one shilling and sixpence three stamping Mills under the yearly rents of fifteen
pounds one Smith’s Shopp under the yearly rent of four pounds and other Smith’s shopp under the
yearly rent of Eight pounds and one other Smith’s Shop under the yearly Rent of one Pound and ten
shillins but from what time this Deponent held and Enjoyed the said premises this Deponent doth
not remember he having so held and Enjoyed the same severall years by verball contract only and
this Deponent farther saith that he did not hold or rent the premisses or any of them or any part or
partes of the Estates in Question att this time the said Complainant was confirmed the purchasor
there of as aforesaid or since for any longer time or att or under any other rent than what is herein
before menconed [mentioned] for or concerning such respective premisses and doth deny he was to
pay and rents due sume or sumes of money or in any other mannor for the said premisses or any of
them or for any other part or partes of the said Estates in Question than such above herein before
sett forth and this Deponent farther saith that he was not served with any order to stay the rents in
this Dep[onen]ts hands or to Enjoyne him to pay the same to the now compl[ainan]t till after the
twenty sixth day of December one thousand seven hundred and nineteen
[latin text] Nicholas Donithorne”

EN/196/46

“Inter Samuel Ennys ar[miger] Quer[ens]
Thomas Tonkin ar[miger] Def[endens]

An Excon [Examination] taken by Nicholas Donithorne Gent[leman] to A Report made in this Cause
by, Edward Conway Esq[uir]e one of the Ma[ster]s of the Hon[oura]ble Court bearing date the
thirteenth day of November last p[er]suant to an order made in this Cause bearing date the third of
Aprill one thousand seaven hundred and twenty two after that the said Ma[s]t[er] hathReported due
from and directed to be paid by the said Nicholas Donithorne to the said Compl[ainant] the severall
sumes of thirty five pounds for one yeares Rent of three Stamping Mills from Midsum[m]er one
thousand seaven hundred and nineteen to Midsum[m]er one thousand seaven hundred and twenty
and for fifteen pounds for the Rent of two other Stamping Mills on the North Chapple for the same
time as also of twenty pounds six shillings and a peny; halfe peny for the Rent of Lenobry Blowing
house from midsum[m]er one thousand seaven hundred and nineteen to the twelfth of Aprill
seaventeen hundred and twenty as also of nineteen pounds for four years and three quarters Rent
of the higher Smiths Shopp due to Lady day, one thousand seaventeen hundred and twenty four as
also of four pounds for the Rent of A Shopp for a halfe a yeare due att Christmas one thousand
seaven hundred and nineteen as also of fifteen shillings for the Rent of another Shopp due at
Christmas one thousand seaven hundred and nineteen as alsoe of sixteen pounds twoshillings and
sixpence for the convenc[i]onary Rents of [ ? ] severall Tenements from midsumer one thousand
seaven hundred and nineteen to midsumer one thousand seaven hundred and twenty four whereas
the said Nicholas Donithorne paid all the said Respective Rents for the said p[re]misses [ ? ] to
Christmas one thousand seaven hundred and nineteen to the said Def[endan]t thomas Tonkin and
therefore the said Nicholas Donithorne ought not to have been charged with any Rent for the said
p[re]misses precedent to Christmas one thousand seaven hundred and nineteen
Edm[un]d Birkford

14th December 1724”

Transcribed by Ian and Shirley Clarke

 

 

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