BILLY BRAY

Cornish Miner, Dancing Preacher

© 2008 Chris Wright

Made by Serif

THE BILLY BRAY Memorial Trust in Cornwall hold the original indenture for the building of Kerley Downs Chapel, and their transcription is reproduced here with permission. Some of the words are not clear, especially those along folded lines. The series of ellipses denote illegible words.

 

This Indenture of two parts made the fourth day of July in the year of our Lord one thousand eight hundred and thirty six *between Benjamin Paul of the parish of Kea in the County of Cornwall, Carpenter of the first part John Scoble, Blacksmith, *Richard Northey, Miner and John Paul, Mason all of the *parish of Kenwyn in the said County.   Jesse Moyle and Thomas White of the parish of Gwennap in the said County, Miners and William Bray, Robert Burgan, Simon Jenkin, James Thomas, Richard Thomas, John Thomas and Francis Yourner, Miners and James Bullen, Labourer and Samuel Paul, Carpenter all of the said parish of Kea of the second part.

Whereas by Indenture of  lease bearing date thirty first day December in the year of our Lord one thousand eight hundred and thirty one made between the Right Honourable Edward Earl of Falmouth of the one part and* the said Benjamin Paul of the other part the said Earl of Falmouth for the consideration therein mentioned did grant demise and lease the said Benjamin Paul his executors Administrators and assigns amongst other things all that *plot or parcel of ground on which a chapel for divine worship has been lately erected and built  situate in the north west corner of a croft leading from Kerley to Wheal Sperris Mine being forty feet in length by forty feet in breadth and is part *and parcel of a tenement called or known by the name Tregonings Tenement situate in the said parish of Kea TO HOLD to the said Benjamin Paul his Executors Administrators and Assigns for the term of ninety nine years  if  Samuel Moyle *gentleman and Alice wife of the said Benjamin Paul and Mary Ann their daughter or either of them shall so  ………                 under and subject to the rents covenants conditions exceptions and agreement in the said lease contained  AND WHEREAS    *a chapel as aforesaid hath been erected upon the said plot or parcel of ground  But in regard that the same chapel not erected at the expense of the said Benjamin Paul but with monies whereof part was raised by public collection and the voluntary *donations of the Society of Bible Christians at Kerley and its vicinity for whose use the said chapel was intended and the remainder hath been borrowed and taken up at interest on the personal security of the parties hereto of the second part or *some of them Indenture WITNESSETH that in consideration of the sum of Five shillings of lawful British money to the said Benjamin Paul in hand paid by the said parties hereto of the second part the receipt which he DOTH hereby *acknowledge he the said Benjamin Paul do hereby grant bargain sell assign transfer and set over  unto the said parties hereto of the second their Executors Administrators and Assigns ALL of the said messuage in chapel plot of *land and premises situate as aforesaid in the parish of Kea  and comprised  in and demised by the said recited Indenture of lease with the appurtenances and all the estate rights the terms and interest of the said Benjamin Paul therein and *thereof under the said indenture otherwise howsoever  TO HAVE AND TO HOLD the said chapel and premises hereby assigned with the appurtenances unto the said John Scoble Richard Northey Johnh Paul Jesse Moyle Thomas White William Bray Robert Burgan Simon Jenkin James Thomas Richard Thomas John Thomas Francis Yourner James Bullen   and Samuel Paul parties hereto and the second part their Executors Administrators and Assigns for the residue of the said term of ninety nine years thereof granted and unexpired and determinable and subject as aforesaid and the said Benjamin Paul doth hereby for himself his Executors Administrators and Assigns covenant promise and agree with parties hereto of the second part of the lease that in case any or either shall die …….the said Benjamin Paul his Executors Administrators and Assigns shall……….the premises and …….   Life or lives thereon they shall be entitled to the benefit of such reversion on paying the sum of one pound for each such life ……..  thereupon the Trust for the intents and purposes hereinafter declared that is to say upon TRUST if occasion require by mortgage demise or sale of the same premises for all or any part of the said term or by and out of the rents profits and contributions hereinafter mentioned levy and raise such sum or sums of money as hath or have been expended in the erecting the said chapel or which shall hereafter be required for repair enlarging or improving the same and other premises………assigned………generally in the carrying the Trusts herein contained into execution with interest for …(erased word)……… such monies so raised as shall carry interest PROVIDED ALWAYS thus before any actual…..(line in crease and illegible) …. the President of the next yearly Conference of the said society called Bible Christians shall have notice  ……. Signed by the majority of the said Trustees specifying the cause of such sale and the sum….(several words).………. Be raised thereby in order that the said Conference may have the option and preference of purchasing and taking to the said chapel and premises on payment of the money required to be raised and ………case the said Trustees or the said Society shall not provide and pay such sum of money to the said Trustees within twelve calendar months next after the delivery of such notice then the said Trustees may proceed to such sale as and when they shall think fit and subject and without prejudice to any mortgage demise or sale upon to permit and suffer such person or persons as shall be appointed as or authorised by the Annual Conference of the said Society called Bible Christians specified by name in a certain deed under the hands and seals of James Thorne William Reed Harry Major and others bearing date eighth…….. Day of August one thousand eight hundred and thirty one and enrolled in Chancery and  ………others without the consent of the Superintendent Preacher of the Circuit in which the said chapel is or may be comprised of but with such consent then such local preachers as shall be appointed according to the Rules of the said Society …2…..  The use of the said chapel and premises whensoever they shall think proper for preaching and expounding God’s Holy Word and performing all other Acts of Religious Worship therein provided that every preacher and person authorised as aforesaid preaching other Doctrines than those contained in the notes upon the New Testament and sermons published by the Reverend John Wesley and upon further trust  That the said Trust or the Trustees for the time being of the said chapel and premises or such one of them as they shall elect as their Steward or Treasurer do and shall from time to time collect and receive of the persons attending……2…….. Worship in the said chapel as well the ….(several words)…. rents the same become due as also such sums as shall be contributed for the benefit of the said chapel and apply the same and all other rents and profits of the said Trust …. (several words)…debts interest and other expenses and outgoings as are or shall become due upon or in receipt of the same premises and in case there should be any * surplus remaining unapplied….(several words)…..Trust to pay  and apply the same …… further ……..of the preaching of the Gospel by preachers having their appointment from the said Conference.  And it is hereby declared and *agreed that the said Trustees shall ….(several words)….their said Steward or Treasurer shall keep a book or books of Account in which all their Receipts and Disbursements and the Proceedings and Resolutions passed at their meetings shall be clearly entered *and shall and will deliver true copies…..(several words) …..and proceedings made ….. Every forthcoming Quarter day with the Superintendent preacher of the Circuit in which the said chapel is or may be comprised and permit him to examine and compare *such copies with the said Books of Account…(several words) ….at yearly Conference PROVIDED ALWAYS that if the said Trustees or the Trustees for the time being shall hereafter determine and agree * that a larger chapel is necessary….(several words)… and instead of …… the present chapel there then UPON TRUST to sell and dispose of the said chapel and premises hereby assigned for  …..(many words illegible due to crease in document)……and ….. Their Receipts shall be a good discharge for the purchase and stand possessed of the  money thereby * arising IN  TRUST ……….2 or 3 words… pay off and discharge all mortgages and ……… interest ….(several words)…..upon the present chapel and then to pay out the residue of such in or towards…….. the * purchase of the more eligible premises …(several words)…. Chapel which….(several words)…. Settled  ….(several words)…other or the like Trust as are hereinbefore of and concerning the premises and chapel hereby assigned and such *further or other Trust as the said Conference shall  ….(several words) …..President directed appoint….. PROVIDED LASTLY that when and as often as the Trustee parties hereto or any future Trustees appointed * as hereinafter mentioned shall by death or other incapacity be reduced to the …(several words)…. Trustees together with the Superintendent preacher of the Circuit or  the majority of them shall nominate and appoint as many other persons always…… 2 or 3.…. aforesaid to be …3 …said chapel….(several words)…..shall make up such number in all and thereupon such surviving and continuing Trustees shall at the cost of other Trust funds ..1 …. Their said Assigns……(several words)…..jointly ….1 … new Trustees solely as the case may be  upon the Trust hereinbefore expressed or such as such other or farther Trust as the said Conference shall under the hand and seal of the ……(several words)….AS WITNESS the said parties have hereunto set their hands and seals the day and * year first above written.

 

 

Signatories to the 1836 Indenture for Kerley Downs Chapel.

James  Bullen      John Thomas ( the mark of)       James Thomas  (mark)   Robert Burgan

Samuel Paul        Francis Yourner (mark)             Richard Thomas              Simon Jenkin

Thomas White    John Paul                                    John Scoble                    William Bray

Jesse Moyle        Richard Northey                         Benjamin Paul.

 

Endorsements on the document read -:

Endorsement 1.

I hereby certify that the execution of this Deed by Benjamin Paul and Jesse Moyle two of the parties hereto was acknowledged this fourth day of July one thousand eight hundred and thirty six before me and the said Benjamin Paul and Jesse Moyle desired that the same might be enrolled in His Majesty’s High Court of Chancery at Westminster.

 

Geo. Simmons

A Master Extraordinary High Court of Chancery

 

Endorsement 2

Signed sealed and delivered by the within named Benjamin Paul in the presence of

 

William Mason

William Berryman

 

Endorsement 3

Signed sealed and delivered by the within named John Scoble, Richard  Northey, John Paul, Jesse Moyle, Thomas White, William Bray, Robert Burgan, Simon Jenkin, James Thomas, Richard Thomas, John Thomas, Francis Yourner, James Bullen, Samuel Paul in the presence of

William Mason

William Berryman

 

Endorsement 4

The parties whose signs and seals are hereto set do agree previous to the signing of this deed to pay unto the said Benjamin Paul the sum of one shilling per  year as conventionary  rent

In presence of William Mason

 

Endorsement 5

Dated 4th July 1836  Deed of Trust of a chapel and premises at Kerley in the parish of Kea.

Benjamin Paul to

 

Endorsement 6

…….Benjamin Paul

               To

Messrs John Scoble, Richard Northey, John Paul, Jesse Moyle, Thomas White, William Bray, Robert Burgan., Simon Jenkin,  James Thomas, Richard Thomas,  John Thomas, Francis Yourner, James Bullen and Samuel Paul   ………

 

END