EN/195

Legal papers, accounts and letters, Chancery case, Enys versus Tonkin

Legal papers, legal accounts, and letters from Samuel Enys to Thomas Walton, in a case in Chancery of Enys versus Tonkin, re a decree in Chancery ordering Tonkin to deliver possession of his estates to Samuel Enys and re refusal of Nicholas Donnithorne, one of Tonkin’s tenants, to pay his rents to Enys, 1719-1724, and a list of Donnithorne’s leasehold estates in St Agnes.

EN/195/1

“In Cornwall Inter Samuel Ennys 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 at the  tyme the Compl[ainant] was confirmed purchasor of the Estate in Quecon [question] he the  Dep[onen]t held & rented and the Def[endan]t Tonkin one Blowing house with its appurt[enance]s und[e]r the yearly rent of £26:1s:6d Three Stamping Mills und[e]r the yearly rent of £35 Two other stamping mills und[e]r the yearly rent of £15. One Smithy Shopp under the yearly rent of £4. One Smithy Shopp under the yearly rent of £8 & one other Smiths Shopp und[e]r the yearly rent of £1:10s:0d but from what tyme this Dep[onen]t held and enjoyed the s[ai]d p[re]misses this Dep[onen]t doth not remember he having soe held & enjoyed the same severall years by verball contract only and this Dep[onen]t further sayth that he did not hold or rent the p[re]misses or any of them or any p[ar]t or p[ar]tes of the Estates in quecon at the tyme the s[ai]d Compl[ainant] was confirmed the purchasor thereof as afores[ai]d or since for any longer tyme or at or und[e]r any other rent shown w[hi]ch is herein before menconed [mentioned] for or concidering such respective p[re]misses And doth say he was to pay any rents dues Sume or Sumes of money or in any other manner for the s[ai]d p[re]misses or any of them or for any other p[ar]t or p[ar]tes of the s[ai]d Estates in quecon than such above herein before setforth And this Dep[onen]t further sayth that he was not served with any ord[e]r to stay the rents in the Dep[onen]ts hands or to enjoynd him to pay the same to the now Compl[ainan]t till after the 26th day of December 1717 Nicholas Donithorne  Latin words
The number 2,3, 10 and 15 appear by the 2nd, 3rd,10th and 15th lines denoting the lines for payment”

EN/195/2

Copy of letter sent 1st  February 1719

“In my last which relating to Tonkin’s concerns which was by last Mondays Poste (one I sent last Thursday relating to Truro) I fancy I forgot to ask you whether it be not absolutely necessary that all conventionary Tenants doe execute to me coppyes of the Leases they produce to me on which I except of their attornment, therefore I mention it now: and my reason for soe doing is because since ye Court held for ye Manor of Ventongimps I have been informed that many Leases which were produced had been surrendered to Tom Tonkin on his Granting new ones. (This is ye service he dos some whome he has cheated of their money) but and therefore I ought to oblige everyone to hold his Estate by ye Lease on which he Attourns, that when Lease expires he may not fly to another which against me is void: Nay I hope noe one may have benefitted of one Granted even by H Hawkins
I am to acquaint if further that last Fryday I held a Court for the Manor of Trevaunance and almost all the Tenants appeared: by most of their Leases are void, so received but £11 15s 0d & spent £1 5s 0d. Nic: Donnithorne a Tenant was at ye Court and spoke severall times of ye hardships such Tenants lye under who must loose their Estates. He took occasion to say likewise that Mr Tonkin assured him that when the 2 Mortgages made to Mr Kempe in 1703 were brought into one in 1704 the 2 in1703 became void: therefore all Leases of ye Premises mentioned in ye 2 Mortgages in 1703 are good if made before ye date of ye (September) Mortgage in 1704 which is on ye 29th December. He tarryed in Court with me till evening, he not showing any uneasiness and I having taken an abstract of his Leases some weeks before I did not call on him for his Rent, nor to produce his Leases, about 6 of clock he was sent out of the Roome and when he rose up to be goeing I told him if he had business that called him away I would take his Rent and dismiss him: he answered me he would not tarry long before would wait on me againe, but he did not. The next day I sent for him to come to me to Trevaunance, from whence he lives about a q[ua]t[e]r of mile & when he came, I demanded of him not only ye Rent he was to pay ye day before in Court but a half years rent (from midsummer last to Xmas) for all the Estates he held of Mr Tonkin: he asked me what it was I demanded, I answered that for want of a Rental or sure information I could not tell all ye Estates he held nor what his Rents but that I did demand a half years Rent for all that he dos hold whatever it be : and ye Dues of a Mine called Whele Trevaunance both on ye Bounds and Land, which I understood was in his hands ( and it is a pretty considerable summ) He answered me that since I did not know what was my due, he would not pay anything but what I can oblige him to pay by Lawe: that the Rent of the Stamping Mills & Blowinghouse for which Ejectments were delivered him was safest in his own hands: I told him then he must prepare to deliver me possession of Estates which I asked him whether he would doe quietly or I should trouble ye Sherriff to bring his posse to that he answered he should obey ye Lawe, but defend his Leases and I should get nothing out of him but by Lawe. He owned he had received ye dues of Whele Trevaunance ever since Midsummer last, and that he has paid it to Mr Tonkin, that I have noe Right to it. NB he was served with Coppyes of both injunctions in due time soe expect to hear from you how to manage this fellow to ye best advantage. His stoutness I hope will produce Tonkin’s settlement for certainly will stand a Suite with me, which I hope will be of that Service to me, as to determine Tonkin’s & my power of Leasing which I would give ye Expense of such a Tryall to know: for many Tenants are desirous to deal with me in Revertions, but I hold them in suspense till I know my full power. I think Benjamin Nankivell, Mrs Vincent’s agents for ye Tinn Bounds had best be made a Defendant to my Cross Bill he continuing to receive ye Proffitts thereof that he may acc[oun]t to me for it, & be enjoyned as well as his mistress from receiving any more: Else I don’t know how I get possession of them.
Mem——I have not yet taken possession of Donnithorne’s Blowinghouse on which an Ejectment is served, nor will I now till you advise me: and two Grist Mills which are likewise ejected are turned idle because of said Ejectments, both which I guess will let for £35 pounds, per annum. Quaere I may not bring my Action against Donnithorne for ye half years Rents”.

EN/195/3b

“ENYS En 195 [outside marked] to Thomas Dalton Esq. At his house
in Chancery Lane.
(Burscoll,Dabs Mill and Lenobrey Blowing house.)
[body of text]
Dear Sir, Truroe Thursday the 26th
of January 1720.
By last Saturday post I sent you an abstract of the mortgage from Tonkin to Kempe,and
Sunday came to hand [yours ?] of Donnithornes answer, which is very welcome.But I
must tell you if that be the whole substance of it,that either his Answer is insufficient or
our bill very deficient, for I want to know what estates he held of Tonkin at a yearly rate
home to the time of my purchase nay even home to the end of April last (for his [rack ?]
or yearly Rents were supposed to amount to near a hundred pounds per annum) and he
refused to pay me anything until I could name him what sum I demanded ,and for what
estates; which so puzzled me ,for want of that knowledge that I told him I must leave that
to his own conscience , or to that purpose: to which he replied with much [haughtiness
?],that if I knew not what to demand , he would not pay me a penny, but what I could
recover by Law . Of this you had formerly an affadavit sent you, and this [provoked] me
to file a Bill
Its [law] that on his refusal to pay me or discover his Rents . The Sheriff turned him out
of possesion of a Blowing house , which he held under Tonkin at the yearly rent of about
£25 and for the same reason I gave him notice that if he designed to hold certain
Stamping Mills any longer , he should pay a certain Rent which I [guessed] to be near
double the Rent he was to pay Tonkin: to which he made no other reply than he thought
it hard I should raise the Rent on him; but held said Mills about Six months from the time
of my said notices and then quitted them without paying me one farthing . Wheras I
suppose he ought to have quitted them immediately on my notice, or else to pay me a
quarters Rent [from] the time of my notice; which was about 4 or 5 days after Ladyday
last, and he left the Mills at Mayday. If my Bill does not oblige him to answer to this , it
has but half its effect; and what I now write , and what I shall advise of hereafter , will
furnish out another Bill. The fellow is so very proud and [saucy] that I am resolved to
stick close him and try his Strength , which I have several ways to accomplish . I find by
[yours?] that his Estate called Presincoll [alias?] Burscoll is now become mine though his
Lease of it be granted by Henry Hawkins, because the Estate is in Trustees: but were it
not so ,I believe H.Hawkins would be hard put to it to prove that he Executed such a
Lease within the time given him by the Courts. And I hope so he will of Dales Grist Mill
which is mortgaged to [Cocker?] but you shall hear more of that and other things as I
have time to make further enquiries.
Interim I am yours most affectionately
Samuel Enys.”

EN 195/7

“Burscoll and Penwennack To Thomas Dalton Esq. Athis house in Chancery Lane
–London
Truro the 5th of November
1720
Dear friend,
The 13th of last month Isent you an account of our proceedings on the 9th of the same , which I did not mention to you in my last. In the same letter I desired leave of you to draw on you for payment of Chimmows Bill of Cost sent to me at the beginnlng of the Vacation, which amounts to about £80 or £90 .I am really hard put to it to save £330 to pay the Dean and Chapter of Exeter at Xmas next, otherwise I would not request this of you. If you have money by you , I desire you,ll pay him £40 or £50 on his Account within a few days , because I promised him payment as soon as you returned to Town,and in my next I,ll let you know what his whole demand is.
About May last Iwas put in position , by vertue of a Writ , of a Duchy Estate of Tonkins, on a part of which I found soon after my possession , to be Tonkins ownhand , the other part in Donnithornes, who pretends to hold it by Lease Granted by Hugh the father of Thomas Tonkin to one J. Tamblin, which Lease Tamblin has, Assigned to Donnithorne but I deny this Title to be good against me , for this was Michael Tonkins Estate , which is held by Lease dated in 1674 during his natural life Granted him by the same Hugh Tonkin , which Lease , as I am informed was never Surrendered . Now Michael joins with Hugh and Thomas in the Mortgage to Kempe, by which this very Estate is Coveyed . I question whether Ican produce this Lease to Michael, but the person who who informs me of this Title promised to Swear [that] he has seen the said Lease , and rembers who are the witnesses to it.There was Corn onboth parts of this Estate tis last harvest.Tonkins corn my servants carried without opposition, but Donnithorne carried the corn on his part by force.
About the same month of May I was put in possession of another Estate of Donnithornes , of which he has a void Lease , his Lease was for a quarter part of said Estate divided or to be divided , for which reason the Under Sheriff , who put me in possession , would not drive out his cattle , but only put me barely in possession , and Donnithorne has enjoyed it ever since . Now I am informed that his part was divided from the rest of the Estate before he ever had a Lease of it , and nobody pretended to turn in any cattle with his , or to [?] any benefit of his part with him by any means whatever , but every tenant knows his own part . The whole being divided by Hedges perhaps 5 or 6 feet high . Now I want to know wether I may not at any time turn out his cattle and let the Estate ; and how I shall come at the Profits or the yearly value of the Estate of Donnithorne from the [time][?] put me in possession. The 29th of August last a Captain of a Tin mine called Whele Trevawnance, and three more of my Agents were served with Writs at the Suit of Tonkin and Donnithorne for dividing and carrying away their Dues , they not admitting of my Title to said Mine , notwithstanding , if I don,t forget, that Mine is specified in the Mortgage . My said Agents have signed [appearances?] . Idesire the Consideration on all these Cases , and whether I shall try my Title to Whele Trevawnance at Law , or whether you,ll Stop their proceedings and try it in Chancery . Mr. Hussey is the Attorney employed in this.I suppose H.Hawkins has enough of it. I should acquaint you [that the] action is at ye Suit of old Pollard as well as Tonkin and Donnithorne , but I am told ye Pollard knows nothing of the action brought . I shall have a Copy of Tonkins Settlement next week. The Commision with Corker was delivered to Anthony King last Saturday to be carried to London. They Cross-Examined my evidence Mr.Netherton and Corkers [Commissioner] (for but one attended and he a near relation ) used him very ill : however he answering not their expectation , Corkers agent has proposed a Reference , but we can,t yet fix on References. He proposeth to leave it to [brother?] Willys and Mr.Grane:Stratford, but the expenses of sending up my Uncles Accounts with a person proper to instruct them will be to expensive . I must beg your advice and Assistance how to come at my Debt on Lambriggan or the Estate : for Corker will enjoy for ever also and I shall get nothing , he has , as I am informed gotten [?][?] Loans of the two Leasehold parts of it . I beg you,ll take the Speediest Course you can in Chancery, or direct how Ishall proceed at Law. I had Judgement on [ejection]?] against it the Assize before he slipped into the Parliament House but I doubt Ican,t proceed on aWrit of possession on that Judgement-Donnithorne has not [paid]me yet one penny. Pray drive on against him as hard as you can. If I can,t compell Corker to pay my Debt on Lambrigan;as soon asI can get possession of it , I will sell it. I have an Estate about 20 miles from me which I never [saw] value about £20 per annum , which if the fall of [?][stock?] has not[?] the value of Lands, I have a good mind to Sell the Inheritance of , pray a word of advice concerning it though I fancy tis not now a time to sell Land. Your most affectionate friend Samuel Enys
Pray let me know when you change Houses, or whether you intend to do so.I will send you a [bottle?] of as good Madiera wine as ever was [drunk?] which is wholesome Liquor at this Sickly time, by first opportunity”

EN/195/10

Enys and Tonkin to Charles Tregea

Dated 1st January 1724

“? ? Samuel Enys armiger querant & Thomas Tonkin the armiger defendant
Charles Tregea of the parish of St Agnes in the County of Cornwall gent aged fifty years or thereabouts make the oath that for severall years last past there was a Grant or Sett in writing made and granted by the Said Defendant to Simon Tregea and this deponant and their partners for the driving an additt or Drift in & through Wheale Trevaunance tyn bounds leing in the said parish of St Agnes to Wheal Dreath Ball lying in the said parish for the unwatering of severall tyn works & tyn adventurers in the said Ball, All which said Ball of Wheal Dreath was then liable topay the full twelfth part of all the tyn ore that could be broakyn in the said Ball as a Dish Dole or tribute to those persons who had been formerly at the cost & charges of driving an additt from the sett for the unwatering the said Wheal Dreath Ball, But that additt being gone much in decay and the charges in keeping the said additt in repair being very considerable. It was agreed between the severall adventurers mencioned and concerned in the said Sett granted by the Said Defendant That the said Dish Dole of Wheal Dreath aforesaid should be fixed and wholly belong to Wheale Trevaunance additt sett as a help towards the driving home the Said Additt of Wheal Trevaunance to Wheal Dreath Ball aforesaid, and because none of the old adventurers in the said SettAdditt should have any cause to complaine it was offered to each of them before the said additt of Wheale Trevaunance was begun, that each of the old adventurers might adventure the same Dole in the Said New additt as they did in the old and in case of refusal they were to loose all their right in the said Dish Dole of Wheal Dreath provided the said Additt Sett was kept & wrought according to the conditions mentioned in the said written sett granted by the Said Mr Tonkin (That is to say) that if the additt End was discontinued from working for more than Seaven months at a tyme that the Said Additt end should be forefeited to that Said Mr Tonkin and that the Said Dish Dole of Wheal Dreath as by an agreement of all the adventurers mentioned in the Said Mr Tonkin’s sett should be likewise forfeited and to make itappear that the said Dish Dole of Wheal Dreath, did wholly belong to Wheal Trevawnance Additt the said Dish Dole was for severall years successively surveyed every quarter of a yeare and the money raised by the said Dish Dole was wholly applied towards the charges driveing home the Said additt of Wheal Trevawnance to Wheal Dreath and this Deponent farther saith that in or about year of the Lord one thousand seaven hundred and ten there was an adventurer of & in one Eighth part of the said Wheael Trevawnance additt and that he did enjoy & receive the full Eighth part of all the tyn & tyn stuffe arising on the said Dish Dole of Wheal Dreath aforesaid for seaven years by virtue of his Right in Wheal Trevawnance aforesaid. But this Deponent by reason of his and his fellow adventurers discontinuing to drive the Said additt end,according to the Conditions memtioned in the Said Written Sett made & granted by the said Mr Tonkin he this Deponent did forfeit his dole and share in the said Wheal Trevawnance additt and also his said Eighth part in the said Dish Dole in Wheal Dreath aforesaid and hath never enjoyed it since, And this deponent farther saiththat he hath heard & verily believes that in or about the Month of June or July one thousand Seaven hundred & nineteene the said plaintiff purchased the said premises in question (Inter alis) under the decree of this Honorable court. And in some short tyme afterwards was putt into the possession thereof by virtue of a Writt of Assistance issued out of this Honorable Court directed to the Sheriff of the said County of Cornwall And this Deposition farther make an oath that Nicholas Donnithorne of the Said parish of St Agness one of the Tenants of some part of the said purchased premises under the Said decree hath brought or cause to be brought Severall actions at law and made or cause to be made Severall prosecucons thereupon against the servants and agents of the said Mr Ennys which have cost him Severall considerable sums of money in defending the said accons so brought against his said servants & Agents for carrieng away the said Dish Dole whichthis Deponent verily believes (for the befoementioned reasons) to be the right and property of the Said Mr Ennys”

Signed Charles Tregea

EN/195/11

A memorandum of a Lease of Besroll Sett by Mr Hugh Tonkin deceased to Mr Michael Tonkin during his natural life

“The 5th August 1720 I was at Mr William Cornish house in the Parish of Padstow in the County of Cornwall. The said Mr Cornish the same tyme shewed mee a Lease granted by Hugh Tonkin Esq of the Parish of St Agnes and the County (of Cornwall) aforesaid for a Tenement called Besroll in the said Parish of St Agnes unto Michael Tonkin of the said parish to have and enjoy the said tenement called Besroll for and during the said Mr Michael Tonkin’s natural life. The date of the Lease did commence the 3rd day of March 1675. The consideration money mentioned in the said Lease was Fifteen pounds and the conventionary rent was Fifteen shillings per annum. The witnesses to the said Lease were Mr Hector Trelevan and John Hawton but Hawton is dead.
Witness my hand
Charles Tregea
Note: William Cornish, gent Trevorrie, Cubert inherited Tonkin properties through the daughter of Thomas.
Hugh Tonkin, purchased Chiton, St Agnes. Sherriff 1702. Died 1711.
Michael Tonkin born 1654, brother of Thomas

Charles Tregea born 1669 lived at Lambriggan”.

EN/195/12

June 12 1723

“Mr Tregea ? Trenearne June 12 1723

I have received yours in relation to the Deed of Principal Tis true I have a such Deed granted by my Uncle To. Cous[in]: Michael Tonkin for his life, on w[hi]ch I payd Nineteen pounds to Sir Nicholas Morice the ? ? debt of cous[in] Michael Tonkin, I am certaine it will be of Great use to Mr Ennis because Mr Michael Tonkin hath joined as I have since been informed in the Mortgage the same being proir to the lease Granted by Uncle Tonkin to John Tamblyn Mr Ennis is a very honest gent for whome I have a very great Esteeme & honor & shall readily doe him any service that lyes in my power & if Mr Ennis will give me some what towards my disburse, I will deliver him the same I doubt not the Gents generosity tho I know the other side would reimburse me the whole, if should offerre The same because it’s the only thing that can frustrate their designe. But the justice of Mr Ennis’s Cause doth Incline me to preferre his interest before theirs, being his And your most humble servant.
Wm Cornish
PS My humble and due respect to Mr Ennis

? ? could be SP or ‘sperat’ debt, meaning the hopeful debt”

EN/195/13

“Order 3rd April 1722 forthwithout to account.

Ennys contra/against Tonkin
Lord Chancellor

Corner text is written in Latin

Whereas by an order of the 15th of July 1719 for the reasons therein contained it was ordered that
the def[endan]t should forthwith deliver possession of the premises in Question unto the plaintiff
who had been allowed by this Court the Purchase thereof and that the Def[endan]t should be
enjoyned from receiving any more of the Rents or proffits of the said premises. Now upon opening
of the matter this day unto the Right honorble the Lord High Chancelor of Great Britain by Mr
Lulwych being of the plaintiffs councell it was alleaged that a Writ of Execution hath being made of
the said order and Nicholas Donnithorne one of the Tenants of the said premises was served
therewith that afterwards the pl[aintiff] obtained an Injunction to putt him into possession of the
premises and to enjoyne the tenants thereof to attern and pay their Rents to the pl[aintiff] And the
said Donnithorne was also served therewith that the pl[aintiff] not having had any Conveyance of
the premises executed to him the defend[an]t. Tonking took advantage thereof and brought an
Action of tresspass against the pl[aintiff] for his servants taking some Tynn off the premises after
which the pl[aintiff] obtained an Injunction for stay of this proceeding on that action and quieting
the pl[aintiff] in the possesion and in Receipt of the Rents and profits of the premises against the
Defend[an]t and all persons claiming by from or under him which said Injunction was also served
on the said Nicholas Donnithorne who before the pl[aintiff] purchase and to this day holds several
parts of premises conprised therein under convencionary and other Rents and Dues payable for the
same but refuses to discover the same as to pay any Rent to the Pl[aintiff]. It was therefore
preyed that the said Nicholas Donnithorne may stand committed to the prison of the fleet for not
paying the Rents and other dues payable by him for such parts of the premises in question as were
for many months after the pl[aintiff] was by this court declared the purchasor and still are in his
possession in breach of this Order and Injunction of this Court Whereupon and upon hearing of an
Affidavit of Mathias Tubb and of [ ? ] of this own read this Lord doth order that the said Nicholas
Donnithorne do within a forthnight produce all the Leases which he hath in his Custody or power of
any part or parts of the premises in question upon Oath before Mr Conway one of the Magistrates
of this Court to whom the matters in question now stand referred what matters & also make oath
what other parts of the said premises to be held at the time the confirmed purchasor and since and
the yearly rents and other dues he was to pay plaintiff for the same. And what shall be found to be
remaining due from the said Donnithorne it is ordered that he pay the same to the plaintiff forthwith
after the same shall be so ascertained or in default thereof. That the said Nicholas Donnithorne do
for such his contrayre stand committed to the prison of the Fleet”.

EN/195/14

“Inter-Samuel Enys-querens

Thomas Tonkin defendens

The Sd. complainant intends to move the case on Wednesday next being
the last General Seale that the Defendant may forthwith deliver possession
of the Premises in question to the Complainant and maybe enjoyned from
receiving any of the rents issues and proffitts thereof and may forthwith
Execute a Release of the Equity of Redempcion of the said Mortaged
premises or doe such other Act for confirmeing the said Estate by the order
on Hearing is directed.
This being the 13th day of July 1719
Samuel Enys esq Plaintiff
Thomas Tonkin esq. Defendant
To Move present Notice annexet
The plaintiffs Case on the 16th January 1710 the plaintiff lent the
Def[endan]t £5,000 on assignment of a Mortgage of Lands in Cornwall parte
whereof the Defendant is seised in fee other parte only Tennant for life with
remd. to his wife & first & other sonnes and other parte being chattels real
are all held by Leases for 3 lives and on 17 January 1711 the plaintiff lent
him the further sume of £2,169 on security of the Equity of Redempcion of
the same premises and under a Provisoe that both said Mortgages should
be voyed on the payment of 7169 pounds with Interest on 16th July then
next.
That the defendant neglecting to pay the principall money and Interest and
being got into the house of Comons bid the plaintiff defiance and thereupon
in Trinity Term 1713 the plaintiff Exhibited his bill for a foreclosure and
Petitioned the house that defendant might waive his privilidge and put the
plaintiff to very grate charges thereon but at least they came to Agreement
and by and order by Consent.
12 February of George One – Mr Henry Hawkins was appointed Receiver of
the premises in question. and had power to grant Leases of the Entailled
Lands with the defendants consent and was to pay the plaintiff £350 the
same February £350 on the 2nd of August £350 on the 2nd February 1715
and £350 on the 2nd August 1716 & if the defendant should pay Plaintiff on
or before 23 of Aug. 1716 £8000 and such other sumes appeare to be
further due then plaintiff was to abate the Defendant £1000 out of the whole
and release all Costs at Lawe and in Equity and Assigne his securitjes but in
default of such payment the plaintiff was at liberty to sett downe this Cause
to be heard for obtaining a Decree of Speedy Sale of said premises within
six months after such Decree in order to pay plaintiff his principall and
interest due on said premises with Coste without any abatement of said
£1000 & the Defendant was to appeare gratis on ten days notice to his
Clarke in Court and wave his priviledge in Parliament.
That Mr Hawkins made pretty good payment of said halfe yearly payment of
£350 but the Defendant took noe Care to pay £8000 & thereupon the plaintiff
procured the cause to be sett down for Hearing.
8 February George (latin text?) the Cause came on to be heard and the
Defendant (for Delay) made Default and the plaintiff only obtained a Decree
Nisi Causa for Sale of s[ai]d Estates pursuant to said order by Consent.
26 October 4 yr of George (first) The Cause came on to be heard at origine
and the Court declared they saw no Cause to alter the direccions given on
the former Hearing and ordered a Decree to be made absolute That parte of
the plaintiff security was made up by Assignment of a Lease of the Moyety
(half) of the Tontyn being parte of the Dutchy of Cornwall held on lives and
the last life dyeing about a yeare and halfe since the plaintiff applied to
renew the Lease as parte of his Security but the Defendant Contrivances to
defraud him of that parte of his security the same is ordered to be granted to
one Mr Henry Vincent a (cousin German of the Defendant who had the
other Moyety)
That soon after the last Decree the Estates were advertized to be sold by
the direccions of Mr Orleber the Ma who was directed to take the Acco[un]t
to see the premises sold for payments of plaintiffs Debts.
6 June 1719 The Ma certifyed there was due to plaintiff from the Defendant
for principall Interest and costs on the Mortgage in question The 21st Aprill
last £9104 12s 6d which respondent is since absolutely confirmed and on
same.
6 June 1719 The Ma certyfied the plaintiff the best Purchasor of the
premises in question For the sum of £7200.
8 June 1719 This last Respondent Was ordered to be confirmed Nisi Causa.
17 June The Defendant came to shew Cause against the last Respondent&
ordered & prayed to goe back pretending that one Mr Francis Foote would
give £7300 for the Estate which was ordered but the Defendant was to
procure a better purchasor by the first Seale after the Terme or the Order of
8th of June for confirmeing the Nisi was to be absolute.
23 June 1719 The Magistrate Certifyed that one Mr Francis Saule offered
£7300 for the Estate haveing a good Tytle made to him but the plaintiff
offered to give £8000 for the Estate and take the tytle at all adventures and
thereupon the Magistrate Certyfyed the plaintiff the best Bidder allowed him
to there best Purchasor for £8000.
24 June The Respondent was confirmed Nisi Causa.
25 June The Defendant was served with the Order Nisi.
8 July 1719 The Respondent was made absolute.
Note after the Cause was last heard and for above a yeare last past one Mr
Henry Vincent the Defendants cousin German (& who hath the Tole Tyn
granted to him) entered into a Treaty with the plaintiff and pretended he
would pay the plaintiff £7500 in p[ar]te of the Debt and take an Assignment
and severall meetings were had & Assgnments drawne & approved off &
engrossed but all this was purely to gett tyme to gett a grant of the Tole Tyn
and was in a meer imposicion on the plaintiff & thereupon the plaintiff hath
proceeded in a manner above mentioned & the plaintiff having been thus
long delayed and there being £1104 12s 6d reported due to the plaintiff
more than the whole estate is now sold for _______
Therefore pray according
to the notice of possession to be
delivered, that the Defendant may
be enjoyned from receiving
rents & proffitts & may
release or convey or if
possible that the Tenants
may be their rent to the plaintiff”
Note: cousin German= first cousin
Ma = magistrate

EN/195/15

Affidavit 13th August 1719 by Matthias Tubb in the case of Enys versus Tonkin

“Mr Chimmerow paid 5s 6d to pay 2s 0d
In Cornwall ? Samuel Enys
And ? of Thomas Tonkin ?

Matthias Tubb of the Burrough of Truroe in the County of Cornwall Gentleman maketh oath that he this deponent did on the Thirteenth Day of August Anno Domini one thousand seven hundred and nineteen personally served Mr Nicholas Donnithorne of the Parish of Saint Agnes in the said County (who then was and still is a Tenant of ? all parts of the Premises in question) With a true Copy of a Writt of Execution of an order made in this cause the fifteenth day of July last ? past and att the same time did show unto him the said Writt of Execution under the Seale of this Honorable Town whereby itt was ordered that the Defendant should forthwith deliver the possession of the Premises in question to the plaintiff and that he should be enjoyned from receiving ? any more of the Rents and profitts thereof and this deponent further maketh oath that he having his Majestys Writt of Injunction under the oath of this seale bearing this fourth day of December ? ? Georgii Regis did on this second day of January Anno Domini one thousand seven hundred and nineteen personally serve the said Nicholas Donnithorne with a true copy thereof and at the same time shewed unto him the said Injunction under the Seale of this Honorable Town and aforesaid whereby the defendant was enjoyned to put the plaintiff into the possession of the Premisses in question and to guide him in such possession and the Tenants of the Premisses in question were thereby enjoyned to attorne Tennants and pay their Rents for the same unto the ? And this deponent further maketh oath that he having likewise another of his Majestys Writts of Injuncion in this Cause under the Seale of this Honorable Court bearing Testament this nineth day of February septimo Goergii Regis did on this tenth day of March Anno Domini one thousand seven hundred and twenty personally serve the said Nicholas Donnithorne with a true copy thereof and att the same time shewed him the said last memtioned Injuncion under the Seale of the Honorable Court whereby (inter alia, between) the said complainant was to be quitted in the premisses in question and in receipt of the Rents and proffitts thereof was to hold and to enjoy the same against the Defendant and all other persons claiming by from and or under him and this deponent further maketh oath that on the twelth day of February last past he did personally serve the said Nicholas Donnithorne with a notice of a mocion in Writing purporting that the plaintiff intended to move the Court of Chancery the first ? ? all Leases after Easter next or as from after at councell could be heard that Nicholas Donnithorne one of the Tenants part of the premisses in question might stand committed to the prison of the Fleet for not paying the Rents and other debts payable by him for such parts of the premisses in question and now for many months after the said plaintiff was by this said Court declared the purchaser and still are in his possession and in breach of the orders and Injunctions of this Court or to that of the likewise affidavit
M Tub executed 2nd Apr 1722 (signed)
Matthias Tubb” words in latin

EN195/17

Inter Samuel Enys [Ar Quer] Thomas Tonkin [Ar Def]
Twenty seventh of August One Thousand Seven Hundred and [One]. One Lease from Hugh Tonkin [?] to Peter Gowen Blacksmith of several [messes] of Lands and Tenements in Breanacke and St.Agnes Church Town in possession of said Gowen for ninety nine years determinable on the Deaths of Peter Gowen , Sidwell his wife and Richard their son .Rent twenty shillings per annum [?] One hundred and twenty pounds .
Thirtyeth of May One Thousand and four One Lease from H. Tonkin and Michael Tonkin to Nicholas Donnithorne of one messuage called Chysen in the Parish of St.Agnes and possession of the said Donnithorne and[?] for ninety nine years determinable on the Deaths of said Donnithorne , Johanna his Wife and Joseph their Son .Rent twenty shillings per annum [?] Thirty pounds .
Twenty fifth [October]One Thousand Seven Hundred [?]One .Lease from Thomas Tonkin to Nicholas Donnithorne of the fourth [Part?] of Several Messuages ,Lands [?] called Penwennack in the parish of St.Agnes being parcels of the Barton and Manor of Penwennack for ninety nine years determinable on the death of said Donnithorne Johanna his wife and Nicholas their son.Rent Ten shillings [?]Fifty one pounds.
Seventh March One Thousand Seven Hundred and Eight.One Lease from Thomas Tonkin to Nicholas Donnithorne of one [Tenement ?] and Garden in St.Agnes Church Town in Parish of St.Agnes and possession of said Donnithorne for ninety nine years determinable on Deaths of said Donnithorne Johanna his wife and Joseph their Son .Rent Ten Shillings {?]five pounds.
Fifteenth November One Thousand Seven Hundred and Nine . One Deed of Assignment from Peter Gowen , Phillip Hawkins and Simon Tregea to [Charles ] Tregea of Several [messuages] Lands or called or in Breannack, or St.Agnes Churchtown in Parish of St.Agnes for remainder of a Lease of Ninety Nine years .
Twenty Ninth September One Thousand Seven Hundred and Eleven .One deed of Assignment from Charles Tregea to Nicholas Donnithorne of the Lands [mentioned ] above for Remainder of Said Term of Ninety Nine years.
First of October One Thousand Seven Hundred Fifteen. One [latin tag] pursuant to an Order of Chancery, from Henry Hawkins and Thomas Tonkin to Nicholas Donnithorne of lands called Burscoll for the lives of Nicholas,James and Isaac Sons of Said Nicholas Donnithorne .Rent Seven shillings , One Capon at Christmas yearly or [six][pounds]for a [herryatt] ten shillings and other Services according to the Custom of the Manor.
Twenty Fifth of March One Thousand Seven Hundred Sixteen Conveyance of the Equity of [redemption?] from said Charles Tregea to said Nicholas Donnithorne of the Lands above named said to be Assigned by said Charles Tregea to said Donnithorne for the remainder of a Lease of Ninety Nine years.

EN /195/18

“[order?] 4th December 1719 for[--] to put [--] into possesion [and foreclose ?] [--] [attorney?] Enys [] Tonkin J. Chimmow
[------] [latin and names]
Mr Miller Samuel Enys
Mr Orlebar Thomas Tonkin
Whereas by an order of the 15th of July last for the reasons herein contained. It was ordered that the defendant should forthwith deliver possesion of the premises in question unto the plaintiff and that the [--?] should be enjoined from receiving any more of the rents and profits of thereof .Now upon opening of this matter this [--] day unto this Court by Mr .Dalton being of the [--] Counsel . It was alleged that although this said order was made upon hearing of Counsel on both sides yet [--] the [plaintiff?] had caused a Writ of Execution thereof to be made out the defendant absconded . so that the [-] [-] could not be found to be Served herewith and the [-] [-] [-] [-] of [-][-] absconding did obtain an order of this [-] of October last that Service of this said Writ of Execution on the [-] Clerk in Court Mr Charles Bayliffe should be [-] good Servie thereof on the said [-] That the said Writ of Execution hath been Served on the said Mr bayliffe accordingly but possesion has not been delivered to the Plaintiff in [--] to the said Order as by [affadavit?] [apparent?] and for [breach?] therefore[-]that an Injunction may be awarded to put the Plaintiff into possesion of the premises in question and to [quiet?] him in such possesion [-] that Services thereof on the [-] Clerk in [counsel] Mr Charles Bayliffe may be deemed good [service?] of that [-] according to the Order of the 27th of October last and that [-] such [Injunction ?] may [-] to [-]the [-] of the premises in question [-][-] and pay their Rents for the same unto the Plaintiff which this Court upon hearing an Affadavit of [notice?] of this motion [-] hold [reasonable?] and doth Order the same.
[???] accordingly [Signature] “

EN/195/19

“13th November 1724 Enys v Tonkin ([?] of Donnithornes arrears of rent)
J Chimmow
To make Writ of[latin tag]
To Nicholas Donnithorne
Date13tj November 1724 S.Enys T.Tonkin &[ latin tag ]
In pursuance of an order of the third day of of April One Thousand Seven Hundred and Twenty Two I have been attended by the Counsel and Solicitor for the Plaintiff and by the Clerk in Court and Solicitor for Nicholas Donnithorne in the said order named and in their prescence have considered of the matters thereby to me referred . and so find that there was due from the said Nicholas Donnithorne at and since the time the Plaintiff was confirmed the best purchasor of the Estate in [question] for the yearly Rents or other Dues [blank] of the respective [blank] parts of the said Estate , he then held the[several] Sums and for therespective times in Scheduleto this my report[?] mentioned amounting in whole to the Sum of One hundred and ten Pounds three shillings and seven pence half penny which the said Nicholas Donnithorne is to pay the Plaintiff as said order directs all of which I humbly submit to the Judgement of this Honorable Court.
E.Conway.
The schedule to which my report refers/
Dues from the said Mr.Donnithorne for one years rent of three stamping mills from midsummer 1719 to midsummer 1720 at 35 pounds per Annum
£35.0.0.
Dues from ditto for two other stamping mills on Porth Chappell from midsummer 1719 to midsummer 1720 at £15 per Annum.
£15.0.0
As also for ¾ of [?] for Lenobrey Blowing House viz. from midsummer 1719 to the 12th of April 1720 at £27.7.6d. per Annum Rent.
£20.6.5 1/2.
As also for 4 ¾ years rent of the higher Smiths Shop at £4.0.0. per annum due at Ladyday 1724 .
£19.0.0.
Also for half a years rent of another Shop let at £8.0.0 per annum due at Christmas 1719
£4.0.0.
Also for for ½ years rent of another shop let at £1.10.0. due at Christmas 1719
£0.15.0.
Dues from the said Nicholas Donnithorne for the [conversory?] rents reserved on five several Leases of five severalTenements in his possession being [?] of the premises in question .Amounting to the yearly sum of £3.4.6d. which for five years from Midsummer 1719 to Midsummer 1724 amounting to the sum of
£16.2.6d.
[latin tag] [total sum] £110. 3. 7 1/2d.”

EN/195/21

“In Cornwall Inter Samuel Ennys ar[miger] Quer[ens]

Thomas Tonkin ar[miger] Def[endens]

Matthias Tubb of Truroe in the County of Cornwall gent[leman] maketh oath That he this Dep[onen]t
did on the twenty Seventh day of June last past personally Serve Ralph Phillipps Sen[io]r of the
parish of Perransands in the s[ai]d County yeoman w[i]th a Writt of Injuncon [Injunction] issued out
of this Hon[oura]ble Court dated the ninth day of February last past by delivering unto him a Copy
thereof & at the same tyme showing unto him the s[ai]d Writt under the Seale of this Hon[oura]ble
Court And the Dep[onen]t farther maketh oath That he this Dep[onen]t did on the twenty first day of
September last past Serve Nicholas Donnithorne one of the Ten[an]ts in poss[ess]ion of some part of
the p[re]mises in quecon [question] w[i]th the s[ai]d Writt of Injunson by delivering unto the s[ai]d
Donnithornes wife at his Dwelling house a Copy of the s[ai]d Writt of Injunson showing unto her the
s[ai]d Writt under the Seale and at the Same tyme acquainted her w[i]th the Contents thereof and
advised her to deliver the same unto her Husband And on the same day he did p[er]sonally Serve
Richard Trezise one other of the Ten[an]ts in poss[ess]ion of some other part of the p[re]misses in
quecon w[i]th another Copy of the s[ai]d Writt of Injuncon & Shewed unto him the s[ai]d Writt
under the s[ai]d Seale & acquainted him w[i]th the contents thereof By w[hi]ch s[ai]d Writt of
Injuncon the s[ai]d Def[endan]t & all other p[er]sons requiring by from & und[e]r him were (amongst
other things) enjoyned to p[er]mitt the plaintiff to have hold use occupy possess & enjoy the
p[re]misses in quecon & every parcell thereof and to receive the Rents Interests & p[ro]fitts thereof
Latin text M Tubb.

October 1721”

 

 

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