Transcription of EN/197/3; copy of Mr Thomas Tonkin’s rental of in order to prove his qualification to sit as MP for Helston, 22 May 1714.

EN/197/3

“A Copy of Mr Tonkins Rentall 1714
A particular Estimate of my Estate whosoby I made out my out my Qualificason to sitt as a member of Parliam[en]t for Burrough of Helston In Cornwall Given the 22nd day of May 1714
The Settled Estate
(latin) In my Possossion  160: -: –
Mr Nich: Donnithorne rents  77: -: –
James Harris Rents  18: -: –
Barton of Trevannce  Joseph Hocking and Nich Paul Rents  15: -: –
Nathaniell Penhross and Partn[ers] Rent  4: – : –
Walter Hore Rents  3: -: –
Arthur Jolly Rents  1:10: –
Abraham James Rents  1: -: –
Ann Joseph Rents  1: – :-
The ? in my Hands when Last sett[led] for  150: -: –  436: 5: –
The Inner Goonvrea In my Hands  3: -: –
The Outer Goonvrea In my Possession”

Transcript of a copy of adit sett, Symon Tregea and others, through Trevaunance barton and Wheal Trevaunance tin bounds into Wheal Dreath adit, 1710.

EN/1489
Sett, Polbreen, St Agnes

Copy of tin sett, James Stephens, in tin bounds called Speedwell, Wheal Vor, East Wheal Vor, Middle and Little Polbreen and the Twenty-Four Pair, all in Polbreen mine.

“Coppy of Whele Trevawnance Additt Sett
Copy of Adit sett, Symon Tregea and others, through Trevaunance Barton and Wheal Trevaunance tin bounds into Wheal Dreath Adit.

I Thomas Tonkin of Trevaunance in the County of Cornwall Es[quire] doe hereby grant and sett unto Synon Tregea Charles Tregea and Nowell Cater their Co-p[artner]s and Co-adventurers free liberty to work and drive an additt now begun and in working in and through my several lands in the Barton of Trevaunance and tin bounds called Wheal Trevauance bounds into a certayn tin worke adventure called Wheal Dreath additt in the Parish of St Agnes the Said County for the tering the severall bounds and workes there in the Ball which are sett on the Dish and tin oare there found the same to take and carry away at his and their wills and pleasures To have and to hold the same unto the said Symon Tregea Charles Tregea Nowell Cater and there co-partners and co-adventurers aforesaid for ever according to the custom of the Stannary of Tywarnhaile in the said County. They the said Symon Tregea Charles Tregea Nowell Cater there Co-partners and Co-adventurers aforesaid Paying and delivering upon the grass or flore unto me the said Thomas Tonkin my heirs or assignes from time to time and at all times henceforth during the said term, the full sixth part of all the tin oare that shall be wrought out of the severall lands aforesaid in driving home the said additts and the twelth part of all the tin oare that shall be wrought out of Wheeal Trevaunance Bounds as aforesaid and from and after the cost & charges in driving home the said additt shall be fully gotten & made thereout free of any charges and outgoings that then and from henceforth, they the said owners Co-partners and Co-adventurers aforesaid shall pay and deliver upon the grass or flore there unto me the said Thomas Tonkin my heirs and assignes. The full ninth part of all this tin oare that shall be made or wrought out of Wheal Trevaunance bounds aforesaid and shall carry and stamp at my stamping mills within the said parish of St Agnes all the tin and tin oare that shall be made or wrought thereout by vertue of this grant or sett, provided that no shafts shall be put down in any meadow land belong to the sett granted without my approbation had therein or if it happens the said adventure in the said additt shall be left unwrought for the space seven months together at a time or if any sett shall be made or granted upon the Dish by the said owners Co-partners or Co-adventurers aforesaid in my said land or tin bounds hereby granted that then the present grant and sett shall be voide and of noe validity in the Lawe whatsoever wittness my hand this first day of June in the yeare of our Lord one thousand seven hundred and ten_______
(signed) Thomas Tonkin”

Transcript of a copper sett, Samuel Daddoe of piece of wastrell belonging to Trevaunance barton in Trevaunance Coome, endorsed that it was not executed, 1744

EN/1490
Sett, Trevaunance, St Agnes

Copy of adit sett, Symon Tregea and others, through Trevaunance barton and Wheal Trevaunance tin bounds into Wheal Dreath adit.

“A sett from Samuel Enys Esq deceased to Samuel Daddoe to search for copper in Trevaunce for 21 yrs but not carried into execution

This Indenture made the _______the day of ________ in this year of our Lord one thousand seven hundred and forty between Samuel Enys of Enys in this County of Cornwall Esquire of the one part and Samuel Daddow of the parish of St Agnes and County aforesaid Tynnes of the other part witnesseth that the said Samuel Enys for and in consideration of the Covenants and agreements hereafter in and by These present mentioned and expressed which on the parts and behalfs of the said Samuel Daddow his partners and coadventurers are to be observed and performed Hath granted sett and lett and in by These present doth grant sett and lett unto the said Samuel Daddow and his partners coadventurers Workemen Servants and Agents full power free liberty and authority to Digg worke and search for copper and copper ore and all sorts of ores and minerals (Tyn only excepted) in a Piece of Wastrell ground belonging to the Barton of Trevawnance & situate in Trevawnance Coome together with liberty to Drive as farr west as the Eastern Wall of the Lower Deer Parke and as farr East as the Eastern Extent of the Tyn Bounds they are now working in known by the name of Kewanhan Tin Bounds and Twenty Fathoms of ground to the North of the Load they are now workeing on and as farr south as the Lands of Trevawnance Barton doth extend and copper ore and other ores as aforesaid there found or wrought (Except such part or share hereafter reserved) the same from there to take Dress and carry away at their wills and pleasures and convert the same to their own proper use and benefit. To have and to hold the said Liberty License and Autority of Searching Digging and Working for copper copper ores and other mineralls (Except before excepted) in upon and through the said hereby Granted premises or any part thereof unto the said Samuel Daddow his partners and coadventurers from the day of the date hereof for and during the full time and terme of One and Twenty years from thenceforth fully to be complete and ended he the said Samuel Daddow his partners servants or agents for the consideration aforesaid shall and will from time to time and at all times hereafter during the continuance of the said treme hereby granted welland truly pay and Deliver or cause to be well and truly payd and Delivered without fraud or Deceit unto the said Samuel Enys his Heirs or Assign or his or their servants or agents upon the Grass or Turfe one full Sixth part dole or share of all such copper, copper ore or other ores or minerals and shall or may be Digged or broken in or brought up from or out of the said premises or any part thereof by Virtue of These presents after the same is spalled picked washed stamped or dressed and made merchantable at the proper cost and charges of the said Samuel Daddow his partners and coadventurers And the said Samuel Daddow doth by These present for himself his partners and coadventurers covenant promise and agree unto and with the said Samuel Enys that he the said Samuel Daddow his partners and coadventurers servants and agents shall and will during Terme hereby Granted give unto the said Samuel Enys his Heirs or Assigns or his or their servants and agents appointed for that purpose two days notice of every Division Weighting of such copper and other ores as aforesaid shall be Digged Gotten or raised out of the hereby granted premises. And also shall and will well and truly pay lay out or deliver the before mentioned Sixth part of all such copper copper ore or other ores as aforesaid as shall be Digged Gotten or raised out of the hereby Granted premises in manner and forme aforesaid And also shall and will work the hereby Granted premises or some part thereof Sixth months at the ? every year during the Terms hereby Granted unless hindered by water or some other unforeseen accident provide that if it shall happen that the said Samuel Daddow his partners & coadventurers servants and agents shall not well and truly lay out or pay and Deliver unto the said Samuel Enys his heirs assigns and their agent the said full Sixth part of all such copper and copper ores as shall be Digged and gotten or raised out of the said premises hereby granted Or if the said Samuel Daddow his partners or coadventurers shall refuse or neglect to give such notice as aforesaid or every Division Weighting of such copper or other ores as aforesaid whereby the said Samuel Enys his heirs or assigns or his and their agent may attend and see an Equall Division made thereof Or if they the said Samuel Daddow his partners coadventurers or agents shall carry away any of the ore or ores of aforesaid unless to wash stamp or dress and make fitt for sale before such Division and part layd out and Due Motive given as aforesaid or shall refuse or neglect to work the hereby Granted premises or some part thereof in ? aforesaid during the said Terms that thou and in such last for all any or either of the causes aforesaid this present Grant or Sett every Article Clause or thing therein contained shall be utterly frustrate and voided to all intents and purposes whatsoever And it shall and maybe lawful unto and for the said Samuel Enys his Heirs or Assigns into all or any part of the hereby granted premises in liow of the whole to re-enter and the same to have againe retained repossess and Enjoy as in his or their former Right or Estate there present or anything herein contained to the contrary in anywise notwithstanding In Witness whereof of those parties aforesaid to Those present their hands and seales interchangeably have sett the day and year first above written.
(signed) Sam: Enys ______________ (seal)”

Transcript of account book of Captain Tregallas with John Enys for Wheal Trevaunance, EN/1672, 1744

EN/1672
Account book of Captain Tregellas with John Enys for Wheal Trevaunance, St Agnes

Account book of Captain Tregellas with John Enys for Wheal Trevaunance adit costs and receipt of tin.

“Account Book –

Wheal Trevance Additt from the 9th July 1767 to the 10th April 1770 £  S  d
John Silvester 1 months stem  1  7  6
Joseph Catter 25 stems of a month at 27s  1  2  6
Thos Whitta 23 stems at 27  1  0  9
Thos Stephens one Day & sifting and Dieling  1  6
Expences at mid[summe]r to three men  3  -
Expences on Dieling  1  11
John Silvester 1 month at 1 stem  1  8
Joseph Catter 1 month spalled 3 stems at 16  1  3  0
Thomas Whitta 1 month at 1 stem  1  8  0
Richard Jory 11 days stelling the shaft at 2s day  1  2  0
Thos Robarts 10 days at 10d  8  4
Henry Tregellas plow one Day carring of stones  6  -
Henry Tregellas of carrig turfs and timber  3  0
Expense of finnishing the stelling the Shaft  3  6
To John Silvester & partners for sinking of 4 fathom & 5 inches of ground in the
shaft at 20s per fathom  4  1  4 ½
To John Silvester for 29 stems at 16 per stem  1  18  8
Expenses on takeing the bargin 6d each man  1  6
To John Silvester for 1 month 19 stems at 27s per month  2  4  1
To John Silvester for stems out of ?  4  2
Car’d forth  18  8  9 ½”

EN 1737-1

Samuel Enys versus Nicholas Donnithorne and others, re Wheal Trevaunance adit to Wheal an Dreath ball. Post 1716. Chancery papers, St Agnes

To The Right hon[oura]ble Thomas Earle of Macclesfield

Lord High Chancellor of Great Brittaine

Humbly complaining showeth unto your Lords[hi]pp y[ou]r orator Samuel Ennys of the Burrough of Truroe in the County of Cornwall Esq[uir]e that Thomas Tonkin late of Trevaranance in the said County Esq[uire] being seized in fee of severall Mannors Mess[uage]s Lands & Tenem[en]ts & hereditam[en]ts & also seized for term of his m[atu]rall life & diverse other Mann[o]rs, Mess[uage]s, Lands Tenem[en]ts & hereditam[en]ts wherein were sev[er]all Tyn Bounds Tyn Mines & Tyn adventures Copper Adventures in the sev[er]all p[ar]ishes of St Agnes Perransands Kenwyn & other places in the County of Cornwall w[hi]ch were made a security by way of mortgage to y[ou]r Ora[to]r for the principall sume of £7169 & Interest thereof the s[ai]d Thomas Tonkin neglecting to pay the Interest thereof & letting the Same to run greatly in arrear y[ou]r Ora[to]r did Exhibit his Bill into This hon[oura]ble Court to foreclose the Equity of redempcon thereof To w[hi]ch Bill the said Thomas Tonkin putt his answ[er] & admitted the s[ai]d mortgage & that there was a great arrear of Interest due to y[ou]r ora[to]r, but the s[ai]d Thomas Tonkin having procured himselfe to be returned a Member of the house of Com[m]ons & insisting on his privilidge of Parliam[en]t y[ou]r ora[to]r & the s[ai]d Thomas Tonkin did come to an agreem[en]t w[hi]ch on the 2d day of February 1714 was by consent made an Ord[er] of the hon[oura]ble Co[ur]t whereby it was Ord[ered] / after sev[er]all paym[en]ts therein menceoned to be afterwards made to y[ou]r ora[to]r & w[hi]ch paym[en]ts were made accordingly / that if the s[ai]d Thomas Tonkin sh[oul]d pay y[ou]r Ora[tor] the sume of £8000 on or before the 2d day of August 1716 & such other sumes as sh[oul]d appeare to be further due Then y[ou]r orat[or] was to abate £1000 out of the whole & release the s[ai]d Thomas Tonkin of all Costs at Law & in This Co[ur]t but in default of paym[en]t y[ou]r Ora[tor] was at Lib[er]ty to sett downe the Cause to be heard for a speedy sale of the s[ai]d p[re]m[is]es in ord[er] to pay y[ou]r ora[to]r all his principall money & Interest with his Costs without any abatem[en]t of the said £1000 & the s[ai]d Thomas Tonkin was to appeare gratis at such hearing on ten days Notice to his Cl[erk]in Co[u]rt & sh[oul]d wave his privilidge of Parlim[en]t And y[ou]r Ora[tor] further Showeth that p[ar]te of the p[re]m[is]es soe in mortgage to y[ou]r Ora[to]r being called by the name of Wheale Trevannance And y[ou]r ora[to]r further showeth that the s[ai]d Thomas Tonkin not paying the s[ai]d £8000 on the s[ai]d 2d  day of August 1716 y[ou]r ora[to]r did procure his s[ai]d Cause to be sett downe to be heard & the same was accordingly heard on the 8th day of February in the 3d y[ea]r in the reigne of his p[re][sen]t Majeste when a sale was Decreed & it was referred to Mr Orlebar late One of the Ma[ster]s of this Co[ur]t to compute what was due to y[ou]r Ora[tor] for principall & Int[erest] & to tax y[ou]r ora[to]r Costs both at Law in this C[ou]rt but the s[ai]d Thomas Tonkin made default at such hearing & on the 26th day of October in the 4 year of his said Maj[es]tyes reigne the s[ai]d Thomas Tonkin came to show Cause ag[ains]t the s[ai]d Decree but the same was made absolute And the s[ai]d mortgage p[re]m[is]es having been published in the Gazett to be sold before  the s[ai]d Ma[ste]r in pursuance of the s[ai]d Decree y[ou]r Orat[or] became a Bidder for the same before the s[ai]d Ma[ste]r on the 2rd of June 1719 y[ou]r ora[tor] was Reported the best purchasor for the sume of £8000 being £700 more than any other p[er]son had offered for the same and on the 6th of July 1719 the s[ai]d Ma[ste]r Reported that there was due to y[ou]r or[ator] for principall money Interest & Costs the sume of £9104:12s:6d both w[h]ich Rep[or]ts were afterw[ar]ds duely & regularly confirmed & y[ou]r ora[tor] was afterwards put into the poss[essi]on of the s[ai]d mortgaged p[re]m[is]es  by the Sherriffe of the s[ai]d County of Cornwall by vertue of a Writt of assistance issuing out of this hon[oura]ble C[our]t for that purpose as in & by the s[ai]d sev[er]all p[re]ceedings & Ord[er]s of this hon[oura]ble Co[ur]t Relacon being thereunto had may more at large appear and y[ou]r Ora[tor] further Showeth that the s[ai]d Thomas Tonkin & Nicholas Donithorne & Ralph Phillipps & the other p[er]sons concerned in driveing the s[ai]d Additt having neglected to worke the same ab[ou]t the space of 7 months whereby the s[ai]d contract or Agreem[en]t for the purpose became null & voyd & y[ou]r ora[tor] being a purchasor und[er] the Decree of this C[ou]rt & being putt into the poss[essi]on of the p[re]m[is]es as afores[ai]d y[ou]r Ora[tor] did at his owne Costs & charges carry on the s[ai]d Additt whereby y[ou]r ora[tor] became solely entitled to the benefit of the s[ai]d Dish Dole in Wheale Dreath Ball afores[ai]d & accordingly y[ou]r Ora[tor] did cause the & Dish Dole or Tyn Oar Sett a part for as one to the s[ai]d Additt of Wheale Trevawnance to be carryed away but the s[ai]d Nicholas Donithorne & Ralph Phillipps und[er] p[re]tence of some right or tytle to the s[ai]d Aditt caused y[ou]y ora[tor]s Servants that carryed away the s[ai]d Oar to be bound over to the Assizes then next to be held on for the s[ai]d County of Cornwall & p[ro]cured an Indictm[en]t to be found ag[ains]t them & they entered into Recognizances to appeare & trav[er]se the s[ai]d Indictm[en]t at the following Assizes but the s[ai]d Nicholas Donythorne & Ralph Phillipps never appeared to p[ro]secute the s[ai]d Indictm[en]t & y[ou]r Ora[tor]s Serv[ant]s were acquitted w[hi]ch cost y[ou]r Ora[tor] the sume of £26 or thereab[ou]ts And y[ou]r Ora[tor] further showeth that one Edmund Paul & Thomas Pearse of St Agnes afores[ai]d Tinners as Serv[an]ts to the s[ai]d Nicholas Donithorne Did by this ord[er] & direcon come into y[ou]r Orators tyn bounds tyn mine Adventure of Wheale Trevawnance afores[ai]d & did there break a parcell of Tyn Oare & carryed the same away from the s[ai]d tyn mine Adventure of Wheale Trevawnance afores[ai]d altho they were denyed by yo[u]r Orato[r]s Serv[an]ts &Agents from soe doeing And soon afterwards yo[u]r orato[r] bro[ugh]t an acc[i]on ag[ains]t the s[ai]d Paul & Pearse w[hi]ch was tryed at the last summer Assizes held for the s[ai]d County of Cornwall & yo[u]r Ora[to]r obtayned a verdict ag[ains]t them & five pounds Damages whereby / as y[ou]r ora[to]r apprehends / he hath established his right & tytle to the s[ai]d additt & hath ever / since taken the share … or part allotted for the s[ai]d additt to his own use & was in hopes he sh[oul]d have quietly enjoyed all benefitt & advantage that sh[oul]d arise accrue or grant due for the same as in Justice & Equity he ought to doe.  Butt now soe it is may it please y[ou]r Lords[hi]pp that the s[ai]d Nicholas Donithorne and Ralph Phillipps combineing & confer[er]ating themselves togeather w[i]th Richard Tresize & diverse othe p[er]sons unknowne to y[ou]r ora[to]r  whose names when discovered y[ou]r ora[tor] prays may be herein incerted w[i]th apt words to charge them how to vex & unjustly p[er]plex y[ou]r ora[tor] & to putt him to unnecessary charges & Expences hath p[ro]cured another Warr[an]t to be granted to them from one of his Ma[jes]tyes Justices of the peace for the s[ai]d County of Cornwall for the apprehending & takeing up y[ou]r Orat[or]e Serv[an]ts & further finding Suretyes for their appearances at the next assizes to be held on for the s[ai]d County of Cornwall In obedience to the s[ai]d Warr[an]t y[ou]r Ora[tor]s Serv[an]ts have appeared before one of his present Ma[jes]tyes Justices of the peace in & for the s[ai]d County & entered into Recognizance in a considerable sume of money with sufficient Surityes for their appearances at the next assizes to be held on in & for the said County of Cornwall for carrying away the share of Tyn Oar allotted for the s[ai]d Additt und[er] p[re]tence that they have a right to the s[ai]d additt by vertue of the contract soe entered into w[i]th the s[ai]d Thomas Tonkin as afores[ai]d Whereas y[ou]r Ora[tor] doth expresly charge that the s[ai]d Nicholas Donithorne & Ralph Phillipps are in noe wise entitled to any part share or benefitt of any p[ro]fitt arising by vertue of the  s[ai]d additt in regard the contract or agreem[en]t entered into with the s[ai]d Thomas Tonkin is absoluely become null & voyd in them not workeing the same according to such agreem[en]t & the rather for that y[ou]r Ora[tor] after he was put into poss[ess]ion of the s[ai]d Thomas Tonkins s[ai]d Estate by vertue of the s[ai]d Decree & ord[er]s of this hon[oura]ble Co[u]rt was at his own p[ro]p[er] costs & charges to a very great Expence obliged to carry on the s[ai]d additt & thereby become entitled to the sole benefitt & advantage ariseing thereby All w[hi]ch actings & doeings of the s[ai]d Nicholas Donithorne & Ralph Phillipps & their confederates are contrary to all Equity & good conscience & tend to y[ou]r Ora[tor]s apparent wrong & Injury In tender consid[er]acon whereof & for as much as y[ou]r Ora[tor]s witnesses who could prove the matters or fact as before setforth are either dead or gone into places remote & unknowne to y[ou]r Ora[tor] Soe that y[our] Ora[tor] cannot have the benefitt of their Testimeny at any Tryall to be had at the com[m]on Law & the rather for the m[atte]res of this nature & the quietting of vexatious suites are most p[ro]p[er]ly to be settled in this hom[oura]ble Co[ur]t before y[ou]r Lords[hi]pp To the End therefore that the s[ai]d Nicholas Donithorne & Ralph Phillipps may on their respective corporall oaths true & p[er]fect answ[er] make to all & singular the m[atte]res afores[ai]d as  if the same were herein repeated and interrogated over again & p[ar]ticularly may setforth the contract & agreem[en]t entered into w[i]th the s[ai]d Thomas Tonkin for driveing & carrying home the s[ai]d additt of Wheale Trevannas afores[ai]d unto Wheale an Dreath Ball afores[ai]d & if the additt End was not at any one tyme discontinued for the space of 7 months & upwards & if such discontinuance did not happen for 12 months or how long tyme before y[ou]r Ora[tor] was put into the poss[essi]on of the s[ai]d Thomas Tonkins Estate And that they the s[ai]d Nicholas Donithorne & Ralph Phillipps may setforth on their respective corporall oaths whether the s[ai]d additt End hath at any tyme or tymes since & when & how long been discontinued & if y[ou]r ora[tor] hath not at his owne charge & expence since he was putt into the poss[essi]on of such Estate carryed on & worked the s[ai]d additt End & if y[ou]r ora[tor] is not entitled to the sole benefitt ariseing there from & that the s[ai]d Nicholas Donithorne & Ralph Phillipps may set forth if they or either of them did not at any tyme & when p[ro]cure y[ou]r ora[tor]s Serv[an]ts to be bound over to the Assizes held for the s[ai]d County of Cornwall & when for carrying away the tin oare allotted to y[ou]r ora[tor] by vertue of the s[ai]d additt End & if y[ou]r ora[tor]s Serv[an]ts were not acquitted for want of p[ro]secuc[i]on & why thay or either of them did not pre]sente the same & if the s[ai]d Nicholas Donithorne & Ralph Phillipps or one of them did not afterw[ar]ds direct the s[ai]d Edmond Paul &Thomas Pearse to come into y[ou]r ora[tor]s Tyn bounds & tyn mine adventure of Wheale Trevawnance afores[ai]d & whether they did not break a parcell of tyn oare & carry the same away from the s[ai]d tyn mine & tyn adventure and of w[ha]t value was the same and if y[ou]r ora[tor] did nor bring his acc[i]on ag[ains]t them & recov[er] a verdict whereby y[ou]r ora[tor] established his right & tytle to the s[ai]d additt End and if the s[ai]d Nicholas Donithorne & Ralph Phillipps or one of them in ord[er] to vex y[ou]r ora[tor] to putt him to more charges hath not lately & when p[ro]cured another warr[an]t from a Justice of the peace for apprehending & takeing any & how many & w[hi]ch of y[ou]r Ora[tor]s goods & binding them over to the next assizes to be held for the s[ai]d County of Cornwall & why & for w[ha]t reason they have soe done and that y[ou]r orat[or] may be quietted in the poss[essi]on of the s[ai]d additt End & the benefitt & advantage of the tin oar ariseing thereby & that the s[ai]d Nicholas Donithorne & Ralph Phillipps’s p[ro]ceedings in such a vexatious manner may be ______ by Inj[unti]on of this hon[oura]ble Co[u]rt & y[ou]r Orat[or] may be further & otherwise releived in the p[ro]m[i]ses as to y[ou]r Lords[hi]pp shal soon [        ?          ] to Equity & good Consicence may it please y[ou]r Lords[hi]pp ( the p[re]misses considered) to grant unto y[ou]r Orat[or] his Ma[jes]tyes [      ?          ] gracious Writt or Writts of Subpena under the Lease of the Hon[oura]ble Court to them the said Nicholas Donithorne & Ralph Phillipps to be directed thereby com[m]anding them at a certain day & under a certain paine therein to be limitted & sett downe p[er]sonally to be & appear before y[ou]r Lo[rdshi]pp in the Hon[oura]ble Court then & there to answ[er] all & Singular the p[re]misses and alsoe to stand & to abide [           ?          ] for the ord[er] and Decree therein as to yo[u]r Lo[rdshi]pp shall seeme [         ?          ] And your Orat[or] shall ever pray etc.”

EN/1737/2

 To the Right Hon[oura]ble Thomas Earl of Macclesfield

  Lord High Chancellor of Great Britain

Humbly complaining showeth unto your Lord[shi]pp Your orators  Samuel Ennys of the Burrough of Truroe in the county of Cornwall Esq[ui]re of the P[ari]sh of St Agnes in the County aforesaid agents Servants to the said Samuel Ennys Thomas Tonkin late of Trevauwnance in the said County Esq[ui]re being seized in fee of and in severall manors messuages lands Tenem[en]ts and Hereditaments and alsoe served for the Terme of his naturall Life of and in diverse other manors messuages Lands Tenem[en]ts and Hereditaments wherein were severall Tin bounds Tyn mines and Tin adventures Copper Mines & copper adventures situate lying & being in the severall Parishes of St Agnes, Kenwyn Perransands and other places in the said County of Cornwall which were made a Security by way of mortgage to your Orator Samuel Ennys for the principall sume of £7169 and  the Interest thereof And the s[ai]d Thomas Tonkin neglecting to pay the Interest thereof and letting the same to run greatly in arrear your said Orator Samuel Ennys Did Exhibitt his Bill unto this Hon[oura]ble Court to foreclose the Equity or Redempcon thereof To which Bill the s[ai]d Thomas Tonkin putt in his answer & admitted the s[ai]d mortgage and that there was a great summ of Interest due to your Orator But the said Thomas Tonkin having procured himself to be returned a member of the House of Com[m]ons & insisting on his priviledge of Parliam[en]t your s[ai]d Orator Samuel Ennys and the s[ai]d Thomas Tonkin came to an agreement which on the second of February 1714 was by consent made an order of this Hon[oura]ble Court whereby it was Ordered (after severall payments to be afterwards made to your Orator Samuel Ennys as therein menconed and which paym[en]ts were made accordingly) That If the s[ai]d Thomas Tonkin should pay your s[ai]d Orator Samuel Ennys the sume of £8000 on or before the 2d day of August 1716 & such other sumes as should appear to be further due Then your said Orator Samuel Ennys was to abate £1000 out of the whole and Release unto the said Thomas Tonkin all Costs at Law and in this Court But in Default of paym[en]ts your said Orator Samuel Ennys was at liberty to sett downe the Cause to be heard for a Speedy Sale of the s[ai]d p[re]misses in order to pay your s[ai]d  Orator Samuel Ennys all his principall money and Interest with his costs without any abatem[en]t of s[ai]d £1000 or otherwise howsoever And the s[ai]d Thomas Tonkin was to appear gratis at such hearing on ten days notice to his Clerk in Court and to waive his priviledge in Parliam[en]t And your said Orator Samuel Ennys further showeth That there being certain Tyn Mines in a place called Wheal Death Bal in the Parish of St Agnes in the s[ai]d County of Cornwall which werein a great measure under water The s[ai]d Thomas Tonkin or his Father who was then an Adventurer in some of the said mines did with others his fellow Adventurers come to an agreem[en]t w[i]th the owners of sundry Tin bounds to drive an additt for unwatering the s[ai]d mines in the Said Wheale Dreath Bal And in Consideracon thereof the owners of the severall Tyn bounds wherein the said Tyn mines were Did Agree with the said Thomas Tonkin or his father & other the said Additt adventurers that they should have full power to make Grants or Setts for Tinn unto anyperson or persons who would adventure in the said severall Tyn Bounds and the s[ai]d Additt adventurers were by the Said Agreement to receive unto themselves one twelfth part of the Tyn Oare broaken in the said severall Tyn Bounds by the name of a Dish Dole Tribute to be paid to the said Additt Adventurers for ever provided they kept the s[ai]d Additt in repair and the s[ai]d Thomas Tonkin & the s[ai]d other adventurers did drive such addit & which the s[ai]d Tribute or dish Dole by the name of Wheale Dreath Dish Dole But the said Addit after sume time being much decayed and gone out of repair the Additt Adventurers Supposing the Charges of repairing the same would be too great refused to repair the same And wholy desisted from and relinquished the said Undertaking And suffered the said Additt to run to decay & become wholy useless for the purposes aforesaid That thereupon the s[ai]d Mr Thomas Tonkin being unwilling to loose his share of the said Tribute or Dish Dole proposed to the old adventurers in the s[ai]d Additt the driving of a new additt through his owne Lands & Tyn Bounds of Wheale Trevawnance aforesaid part of the p[re]misses soe mortgaged by him to your Orator Samuel Ennys as afores[ai]d & lying in the s[ai]d Parish of St Agnes and from thence to drive & carry the same to the mines in Whele Dreath Ball afores[ai]d for the unwatering of the severall Tyn Bounds and Tin Adventures sett on the said Tribute or Dish Dole & which by the s[ai]d agrem[en]t were to be contributary to & pay the Dish Dole afores[ai]d and as many of the old adventurere of Wheale Dreath Additt afores[ai]d thought fitt to be [  ?          ]in the undertaking or driving the said new Additt were to be admitted and accordingly all of them who were willing were lett in to the said undertaking and the said new Additt was begun to be workt about the year 1710 and was called by the name of Wheale Trevawnance additt And the said Adventurers therein did then begin to receive the said Tribute or Dish Dole by the name of Wheale Trevawnance Dish Dole and the old adveturers of Wheale Dreath additt who refused to pay any part of the charges of Driving the said new Additt of Wheale Trevawnance afores[ai]d did thereupon relinquish and quitt all Their Claime or Right to the Old Tributes Dish Dole of Wheale Dreath Additt afores[ai]d and never pretended from that time to take or Demand the said Tribute or Dish Dole payable in respect of Wheale Dreath additt And the said Thomas Tonkin by Certain Deed or Instrum[en]ts in writing dated by Grant as followeth granted the adventurers in the s[ai]d new Additt a liberty for driving there Additt through his severall Lands & Tyn Bounds of Wheale Trevawnance afores[ai]d And it was thereby agreed by & between the s[Ai]d Thomas Tonkin & s[ai]d adventurers in the s[ai]d new Additt That in Case they did at any time discontinue driving the said additt End of Wheale Trtevawnance afores[ai]d for more than seven months together at a time (before the said Additt End was Driven Soe far as Wheale Dreath Ball afores[ai]d) for the unwatering of the severall Tyn Mynes and Tyn Adventurers there which did pay the said Tribute or Dish Dole and which was transffered from Wheale Dreath decayed additt afores[ai]d to Whele Trevawnance Additt  and has been ever since paid by the Name of Wheale Trevawnance Additt Dish Dole to the adventurers in Wheale Trevawnance additt That then & in such case the said Additt End of  Wheale Trevawnance afores[ai]d (being  in the s[ai]d Mr Tonkin’s severall Lands or Tyn Bounds of Wheale Trevawnance afores[ai]d) should be held & injoyed unto the s[ai]d Mr Tonkin & the s[ai]d Dish Dole paid as Tribute to the said additt should for ever belong to such person or persons as should drive the s[ai]d Additt home to Wheale Dreath Ball as aforesaid And your orator Samuel Ennys further shows That ab[ou]t Eight yeares since the s[ai]d Adventurers in the s[ai]d Whele Trevawnance Additt entirely desisting from driveing and working ye s[ai]d Additt End for a considerable Time much longer than the said Terme or time of seven months before they had driven the same to the s[ai]d Wheale dreath Ball their Right & Interest in the said Additt accrued to & become vested in the s[ai]d Thomas Tonkin the then owner of the said Wheale Trevawnance Tyn Bounds according to the agreem[en]t afores[ai]d & he became poss[ess]ed theerof And your orator Samuel Ennys further Showeth That the said Thomas Tonkin not paying the said £8000 on the s[ai]d second day of August 1716 your said Orator Samuel Ennys did procure the s[ai]d Cause to be sett downe to be heard & the same was accordingly heard on the eighth day of February in the third year of the Reigne of his present Maj[es]ty when a Sale was decreed and it was referred to Mr Orlebar late one of the Masters of this Court to compute what was due to your said orator S. E.  for principall and Interest & to tax y[ou]r said orator Cost both at Law and in this Court but the s[ai]d Thomas Tonkin made Default at such hearing and on the 26th day of October in the fourth year of his Maj[es]ties Reigne the said Thomas Tonkin came to show Cause against the said Decree but the same was made absolute & the said mortgaged premisses having been published in the Gazett to be sold before the said Master in pursuance of the s[ai]d Decree your s[ai]d orator Samuel Ennys became a Bidder for the same before the s[ai]d master and on the 23d of June 1719 your said orator Samuel Ennys was reported the best purchasor for the sume of £8000 being £700 more than any other person had offered for the same and on the 6th of July 1719 the s[ai]d Master reported that there was due to your said orator Samuel Ennys for principall money Interest & Costs the sume of £9104:12s:6d both which reports were afterwards duely & regularly Confirmed and the s[ai]d Tonkin refusing to Convey the same according to the s[ai]d Decree your said Orator Samuel Ennys was afterwards putt into poss[essi]on of the s[ai]d mortgaged premisses by the Sheriffe of the s[ai]d County of Cornwall by virtue of a Writt of Assistance Issuing out of the Hon[oura]ble Court for that purpose as in and by the s[ai]d severall proceedings & orders of this Hon[oura]ble Court Relacon (Relation) being thereunto had more at large appears And your s[ai]d orator Samuel Ennys further Showeth That being a purchasor of the s[ai]d Trevawnance and all the Lands of the s[ai]d Thomas Tonkin thro’ which the s[ai]d new Additt was to have been driven and being putt into poss[essi]on of the same under the said Decree & process of this Hon[oura]ble Court and finding that the s[ai]d new additt End had not been carryed on or worked for much longer time than seaven months your s[ai]d orator Samuel Ennys hath at his owne proper Cost & Charges carryed on the said new Additt soe far thro’ the lands &Tyn bounds of Wheale Trevawnance afores[ai]d soe purchased by your orator under the s[ai]d Decree as that the s[ai]d new Additt End is now driven by y[ou]r s[ai]d Orator within ten fathoms of Whele dreath Ball afores[ai]d and doubts not but within a few months to drive it quite home soe as to unwater all the severall Tyn Bounds in Whele dreath Ball which was att first Contributory to the s[ai]d Wheale Dreath Additt & afterwards to the said Whele Trevawnance additt whereby your s[ai]d orator Samuel Ennys is become solely Intitled to the benefitt of the said Dish Dole payable as afores[ai]d in Wheale Dreath Ball And the s[ai]d owners of the s[ai]d mines have accordingly delivered out of the said Tribute or Dish Dole payable by them as afores[ai]d & have constantly given notice to your orators agents to receive the same And your orator further shows That being intitled to the said Tribute or Dish Dole payable to Wheale Dreath since to Whele Trevawnance additt afores[ai]d under the s[ai]d agreem[en]t Did order the same to be carryed away And y[ou]r orat[o]rs the s[ai]d Martyn Nancarrow ______ & ______ as Servants to your orator the said Samuel Ennys & pursuant to this Order Did carry away the said Tin ore soe sett appart by the s[ai]d owners as the Tribute or Dish Dole as afores[ai]d and that thereupon one Nicholas Donithorne of St Agnes in the s[ai]d County of Cornwall Gents  ______ & Ralph Phillips of _______ Under pretence of some Right or Tithe to the said Additt other  ______  and _______ who carryed away the said ore did at the Assizes then next held on for the s[ai]d County of Cornwall procured An Indictm[en]t to be found against them your said orators Martyn Nancarrow &  _______ and they entered into Recoginzance to appear and traverse the said Indictm[en]t at the following assizes But the s[ai]d Nicholas Donithorne & Ralph Phillips never appeared to presente the s[ai]d Indictm[en]t And your said orators Martyn Nancarrow  & _____were acquitted which cost your orator S. E. the sume of £26 or thereabouts and your orator Samuel Ennys further Showeth That one Edmund Paul & Thomas Pearce of St Agnes aforesaid Tynnors as Servants to the said Nicholas  Donithorne Did by his order and Direcon (Direction) come into your Orators Tyn bounds & Tyn Mine Adventure of Wheale Trevawnance afores[ai]d And Did there break a parcell of Tyn Oare and carryed the same away from the said Tyn Mine adventure of Wheale Trevawnance afores[ai]d for the said Nicholas Donithorne their master & he had and rec[ei]v[e]d the same & converted it to his owne use altho’ they were forbid by your orators Servants & Agents from soe doing and Soon afterwards your orator S. E.  brought an accon (action) against the s[ai]d Paul and Pearse in order to Try the Right to the said Tribute or Dish Dole and accordingly the same was tryed at the Sum[m]er Assizes held for the s[ai]d County of Cornwall in the year 1723 and your orator obtained a verdict against them & five pounds Damages & the s[ai]d Donithorne was privy to & acquainted with the said proceedings touching the said Tryall & was present att the s[ai]d Tryall & his right was insisted on and the said Philips was likewise acquainted w[i]th the said Tryall and was assisting to the s[ai]d Defense & the said Philips’s Right depended upon the same Title as the said Donithornes did and your orator hoped he had by the said verdict established his Right & Title to the said additt and accordingly ever since took the Tribute or Dish Dole allotted for the said additt & payable to the same to his owne use except what the s[ai]d Donithorne & Philips & their Agents and was in hopes he should quietly enjoyed all the benefitt & advantage that should from time to time arise accrue or grow due for the same as in Justice & Equity he ought to doe But now Soe it is may it please your Lord[shi]pp That the said Nicholas Donothorne & Ralph Philips combining & confederating themselves together with Richard Tresize of __________ and the said Edmund Paul & Thomas Pearce & diverse other persons unknown to your orator whose names when discovered your orator prayes may be herein inserted w[i]th apt words to charge them how to vex & Unjustly perplex your orator and to putt him to unn[ec]essary charge & Expenses Did or some or one of them did procure another warrant to be granted to them from one of his Maj[es]ties Justices of the peace for the said County for the apprending & taking upp of yo[u]r orat[or]s Nicholas Bennett Stephen George & Jeremiah Nicholas Agents  _____ or Servants to your said orator Samuel Ennys and for their finding Suretyes for their appearances at the last assizes to be held on for the said County of Cornwall In obedience to which said warr[an]t your orators the said Nicholas Bennett           x and ______ did appear before one of his Maj[es]ties Justices of the peace in & for the said County & entered into Recoginzances in a considerable sume of money with sufficent Suretys for their appearances at the last assizes to be held on in and for the said County of Cornwall for carrying away the s[ai]d Tyn ore allotted for the s[ai]d Additt under pretence that they have a Right to the said Additt by virtue of the Contract soe entered into w[i]th the s[ai]d Thomas Tonkin as afores[ai]d for which  they were Indicted & the Bill found for Whereas your Orator doth expressly Charge That the said Nicholas Donithorne & Ralph Philips are in noe wise intitled to any part or share of any profitt arising by virtue of the s[ai]d Additt in regard the Contract and agreem[en]t entered into with the said Thomas Tonkin became absolutely null & void in respect of their not working the same according to such agreement And your orator Samuel Ennys became a Purchasor of the said Estate under the said Decree Of the Hon[oura]ble Court and was putt in poss[essi]on of the said Thomas Tonkin’s Estate by virtue of the said Decree & orders of this Hon[oura]ble Court  & has been & still is at a very great Expense in carrying on the s[ai]d Additt but yet pretend a Right to the Profitts accrueing thereby All which actings & Doings of the said Nicholas Donnithorne & Ralph Philips & other confederates are contrary to all Equity & good Conscience and tend to your orators manifest wrong & Injury In Tender Consideracon whereof and for that matters of            [            ?          ]and Discovery & Suites for Stopping vexatious Suits and quieting poss[essi]ons are properly recogizable in a Court of Equity before your Lordshipp to the End therefore that the said Nicholas Donithorne & Ralph Philips Edmund Paul and Thomas Pearse & other the confederates when discovered on their respective Corporall oaths true and p[er]fect Answer make to all and singular the matters afores]ai]d as if the same were herein repeated and interrogated and particularly that they may sett forth what Right Title or Interest they respectively Claime of into or out of the s[ai]d Additt called Whele Trevawnance Additt or to the Tribute formerly paid to Wheale Dreath additt and now payable to Whele Trevawnance Additt & called Trevawnance Tribute or Dish Dole or any other part thereof and how they became soe Intitled and when & whether under the s[ai]d contract or agreem[en]t made w[i]th the said Tonkin And if they shall pretend a Title under the said Contract may sett forth whether it was not thereby agreed in case they should discontinue the working the said Additt for seven months then the said agreem[en]t should be void and may sett forth the same in ____ ____  And if they shall pretend any other Title to it That they may likewise sett forth the same & the time of the commencem[en]t thereof  [ ?          ] [         ?            ] and may discover whether they did not leave of & discontinue working the said Additt for seven months & how long time & from what time to what time & whether the same was not perfectly at a stand & for how long your orator became a purshasor of the Estate wherein the s[ai]d Whele Trevawnance Additt is before & it was putt into the poss[essi]on of the s[ai]d Thomas Tonkins s[ai]d Estate And that they the said Nicholas Donithorne & Ralph Philips & other the confederators may alsoe sett forth whether the s[ai]d Additt End hath at any time or times since your said orator Samuel Ennys was putt into possession thereof & when & how long been workt by them or any of them & whether your Orator S. E.  hath not at his owne Charge & Expense since he was putt into the possession of such estate carryed on & workt the said Additt & whether they did not know he was doing the same and whether they ever forbid your s[ai]d Orator from working the s[ai]d Additt as afores[ai]d or   [           ?          ] & ever & when first after your s[ai]d orator was soe putt into possession any and what right or Title & where & in whose presence to the said Additt or Dish Dole or any & what part thereof And how long your orator had carryed on the s[ai]d work before they made such Claime and whether your orator had not then or now hath finished and perfected or how near hath he finished & perfected the s[ai]d Additt at his Owne Expense and how long he hath kept workmen at work thereupon And what Expense they know or believe your orator hath been at in or about the same And whether your Orator is not Intitled to the Sole benefitt of the said Tribute or Dish Dole or who is or are as they known or believe and whether by them custome or Law of the Stannarys or by the Custome of St Agnes Parish any person driving or making an Additt is not Intitled to a Tribute or Dish Dole from all persons whose mines are Drained or Unwatered by such Additt or there is noe Custome usage in the s[ai]d Parish of St Agnes or Stannary Lawe to that or be like effect And that the s[ai]d Nicholas Donithorne Ralph Philips may sett forth if they or either of them did not at any time and when procure your orators Servants & who by name to be bound over to the Assize held for the s[ai]d County of Cornwall for carring away the Tyn Oare allotted to your Orator by virtue of the s[ai]d Additt End& if y[ou]r ora[to]rs serv[an]ts were not acquitted for want of p[ro][  ?  ] & whether the same was not done for vexation and on purpose to putt your orators or same or one of them to Charge and Expense and whether they then intended to Try the same and if they did may sett forth all and every the reasons why they or either of them did not presente the same and at the said Paul and Pearse may also sett forth whether they the said Nicholas Donithorne and Ralph Philips or one of them did not afterwards direct them the said Edmund Paul & Thomas Pearse or who did direct them to come into your orator the s[ai]d Samuel Ennys’s Tin bounds and Tyn Mine Adventure of Wheale Trevawance afores[ai]d & when & how often to take away the said Tribute or Dish Dole or for any and what other purpose & purposes and whether they did not break one or more parsells of Tyn oar & carry the same away from the said Tyn Mine & Tyn Adventure and to what value And whether the same was done by their order Direction or privily and to whose use the same was converted And if your orator Samuel Ennys did not bring his accou[nt] against them and Recover a Verdict and whether they or either and which of them or who also by name was at the Expense of making the Defence or whether they or either of them were not acquainted with and  know of the said Tryall and whether the Right of the s[ai]d Dish Dole or Tribute was not the Tryall in Question and the Verdict given in favour of your orators Right and tytle to the said Additt End and Tribute or Dish Dole or on what part of the said Verdict was given and whether the said Nicholas Donithorne and Ralph Philips or one of them in order to vex your orator & to putt him to more Charges have or hath not lately and when procured another Warr[an]t from a Justice of the Peace for the apprehending & taking any and how many and which of your orators Servants or workmen & who by name and binding them over to the last Assizes for the said County of Cornwall and Endicting them and why and for what reason they have soe done & whether they really intended at the time they did soe to prosente and Try their Right And that the s[ai]d Nicholas Donythorne and Ralph Philips and the other Confederators may come to accou[n]t w[i]th & pay your Orators for the Tyn Oar soe by them taken away as aforesaid and that your orator Samuel Ennys be quieted in the possession of the s[ai]d Additt End & the benefitt & advantage of the Tyn ore Tribute or Dish Dole arising thereby And that the said Nicholas Donithorne Ralph Philips & other the Confedertors may be restrained by the Injunction of this Hon[oura]ble Court from commensing or proseucting any account or accounts at Law against your orators the said  _____ or any other of the Servants workmen or Agents touching the s[ai]d Tribute or Dish Dole or the said Additt End And that all the Confedators may sett forth all they know believe or have heard & from whome touching all and every the matters afores[ai]d w[i]th the Circumstances attending the same And that your orators Samuel Ennys & the s[ai]d     ______                        &          _____  may be further & otherwise relieved in the promises as to your Lord[shi]pp shall soon agreeable to Equity and good Conscience

                                                                        May it please your Lord[shi]pps”

 Transcribed by Ian and Shirley Clarke

 

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