Part 517sb – Smith Robertson Genealogy – Indenture Research – 1798 Robert Smith – James Gordon Brebner – Carriacou – Rent = One Grain of Indian Corn – 2/4

31 May 2011

Morning,

You know in the morning, if you have dogs… that shed especially at this time of the year, there are herds of dust-bunnies scampering to hide in every nook and cranny of every room. The Pack, totalling five for the next two weeks, are interested in two things… “Get me outside, now! I can only cross so many legs for not much longer.” And “What’s on the menu this morning? I need food!” Five bowls, five portions of food… Five empty bowls, and not a bark of thanks…

That is excepting Bella. She is my fastidious Rat. Bella feels that it is her duty and personal chore to clean, albeit lick, the complete kitchen floor. Do you know what it is like to see a snail’s viscous trail shining in the sunlight? Bella’s is the same, ‘cepting as made by the Giant Snail of all times. And so she continues… She’s the Rat Housekeeper, as I stumble across empty bowls, trying not to step on her tongue and saliva trails. Oh well, makes for an interesting morning.

Continuing on from Part 516sb here are the next seven pages of the 1798 Indenture, Part 2/4. There’s still no hint of the genealogy or ancestry of ggg-grandfather James Smith. And as I mentioned I do not know if there is a family connection to James Gordon Brebner.

A new point of interest has appeared in this specific Indenture. On Page 383 there is written that

“for the Term of One Thousand Years from thence next ensuing under the Yearly Rent of one Grain of Indian Corn (if demanded)…”

Okay, what happened to the One Pepper Corn deal? Is this because the “security” factor of the Lease contract was explicit to “Indian Corn” in the 1700s? Why “Indian Corn”? And this is Grenada, England, and Scotland…even though at the time Grenada was considered one of His Majesty’s Plantations and Colonies in America. I am not a student of contractual or retail law, but I thought I understood the token concept of “One Pepper Corn”. But where did this deal of “One Grain of Indian Corn” originate?

As I previously wrote, this is a long Indenture and I have decided to post my transcription work to four postings; 1/4; 2/4; 3/4; and 4/4. The Document Pages include Pages 376 through and including 402. They are downloaded from the Grenada Registers of Records 1799-1811 (v. M4-W4) from the microfilm FHL [1563378].

Here are images of Pages 383 through and including 389.


The following is the continuation of my transcription –
(383)

Proper Chattels Monies and Effects for ever And whereas in
and by a certain Indenture of A∫signment bearing date on or about the tenth
day of February one thousand seven hundred and ninety-seven and made or
expre∫sed to be made between the said Duncan Campbell therein described
Of Grafton Street Fitzroy Square in the County of Middlesex Esquire first
part the said John Campbell Elder Alexander Campbell and Alexander
Campbell the Younger of the second Part the said Robert Smith of the third
Part After Reciting therein that the said John Grant and his Trustee
William Bartlett then of the Town of Saint George in the Island of Grenada
Esquire or one of them being seized or intitled of or to the Plantation or Estate and
Premises thereinafter particularly mentioned and described being the said Plantation
or Estate Hereditaments and Premises in thesaid Island of Carriacou comprised
in and conveyed by the hereinbefore recited Indentures ( did by an Indenture of
Demise or Mortgage bearing date the eighth day of October one thousand seven
hundred and seventy-seven and made or expre∫sed to be made between the said
John Grant and William Bartlet of the one part and the said Duncan Campbell
of the other Part for the Considerations therein mentioned demise grant and to farm
let unto the said Duncan Campbell his Executors Administrators and A∫signs
the said Plantation or Estate Slaves Cattle Stock Hereditaments and Premises
by the description therein mentioned and contained To hold the same unto the
said Duncan Campbell his Executors Administrators and A∫signs for the Term of
One thousand Years from thence next ensuing under the Yearly Rent of one Grain
of Indian Corn (if demanded) Subject to a Proviso in the said Indenture of Demise
or Mortgage contained for making void the said Term on payment by the said
John Grant his Heirs Executors Administrators or A∫signs unto the said James
Gordon (therein called James Brebner Gordon) his Executors Administrators or
A∫signs of each and every of the fourteen then remaining annual Instalments of two
thousand one hundred Pounds each secured on the said Hereditaments and Premises
and made payable to him and them by the said herein before recited Indentures of
Lease and Release of the fourteenth and fifteenth days of April One thousand seven
hundred and sixty nine and on indemnifying the said Duncan Campbell his

Heirs


(384)

Heirs Executors and Administrators and all other Persons engaged for the
payment of such annual Instalments or who would be affected thereby of and
from the Payment of the same And also on Payment by the said John Grant
his Heirs Executors Administrators or A∫signs to the said Duncan Campbell his
Executors Administrators or A∫signs of the sum of fifteen thousand six hundred
Pounds Sterling therein mentioned to be the remainder of the original Purchase
Money for the said Premises (by three Annual Payments or Instalments of five
thousand two hundred Pounds each at the Times and in manner therein particularly
mentioned but without Interest on any of the said Sums in the mean time until
after the respective days on which the same were made payable and that the
said John Grant did thereby covenant and Agree that in Case default should
be made in Payment of the said last mentioned Sums at the times appointed
for Payment thereof then the same should carry Interest at the Rate of Six Pounds
per Cent per Annum from the respective days on which any such Principal Sum
was mad payable unto actual Payment thereof And also reciting in
the said Indenture of the tenth day of February one thousand seven hundred
and ninety seven that the said Principal Sum of fifteen thousand six hundred
Pounds was not paid at the times appointed by the said in Part recited Indenture
of Demise or Mortgage for Payment thereof whereby the Estate of the said Duncan
Campbell of and in the said Mortgage Premises became absolute at Law for all
the residue of the said Term of One thousand Years And also reciting
the said hereinbefore recited indentures of Lease and Release of the second and
third days of September one thousand seven hundred and ninety five as or to the
Effect hereinbefore recited And also reciting that the whole of the said
Principal Sum of fifteen thousand six hundred Pounds secured and made
payable to the said Duncan Campbell by the said in Part recited Indenture of
Demise or Mortgage and all Interest accrued thereon were then due and owing to
the said Duncan Campbell from the said John Grant And also Reciting
that the said John Campbell the Elder Alexander Campbell and Alexander
Campbell the Younger had paid or secured to be paid to the said Duncan Campbell

the

(385)

The whole of the Principal Money and Interest due on his said Mortgage
It is by the Indenture of A∫signment now in recital witne∫sed that in
consideration of the said Sum of fifteen thousand six hundred Pounds of lawful
Money of Great Britain and Interest paid or secured to be paid to the said
Duncan Campbell by the said John Campbell the Elder Alexander Campbell
and Alexander Campbell the Younger and for other the Consideration therein
mentioned He the said Duncan Campbell did at t the request nomination
and appointment of the said John Campbell the Elder Alexander Campbell and
Alexander Campbell the Younger testified as therein mentioned (bargain sell
A∫sign transfer and set over unto the said Robert Smith his Executors Adminis-
trators and A∫signs the Plantation or Estate Islands Me∫usages lands Tenements
Slaves Cattle Stock Hereditaments and Premises therein and hereinafter particularly
mentioned and described To hold the same unto the said Robert Smith his Executors
Administrators and A∫signs from thenceforth for all the rest residue and remainder
then to come and unexpired of the said Term of one thousand Years subject
neverthele∫s to such Redemption in equity as the same Premises were under and
by virtue of the said Indenture of Demise or Mortgage then subject and liable
to upon just? for the said John Campbell the Elder Alexander Campbell and
Alexander Campbell the Younger their Heirs and A∫signs and to be a∫signed and
disposed of as they should direct or appoint and in the mean time to attend wait
upon and go along with the Reversion Freehold and Inheritance of the said
Plantation and Premises so conveyed to the said John Campbell the Elder
Alexander Campbell and Alexander Campbell the Younger their Heirs and
A∫signs as aforesaid and for better securing to them their Executors Administrators
and A∫signs the Payment of the said Principal Monies and Interest secured by the
and Indenture of Demise as aforesaid And whereas in and by
certain Indentures of Lease and Release and A∫signment the Lease bearing date
the day next before the day of the date of the said Indenture of Release &
A∫signment and the said Indenture of Release and A∫signment bearing date
the Twenty eighth day of February last and made or expre∫sed to be made between
the said John Grant and Martha his Wife of the first part the said Patrick Bartlet
and William Arbuthnot of the second part the said John Span of the third part and
the 

(386)

The said Joseph Kaye of the fourth Part After Reciting in the
said Indenture of Release amongst other Things the said Indenture of Demise of
the eighth day of October One thousand seven hundred and seventy seven and
also reciting certain Indenture of Lease and Release bearing day respectively
the twenty fourth and twenty fifth days of August One thousand seven hundred
and ninety and made between the said John Grant of the one part and the
said Duncan Campbell of the other Part whereby the said Plantation or Estate
Islands Slaves Cattle Stock Hereditaments and Premises were granted and
conveyed unto and to the use of the said Duncan Campbell his Heirs and A∫signs
Upon certain Trusts therein mentioned And in case the several Incumbrances
therein mentioned should not be paid off and discharged on or before the first day
of September One thousand seven hundred and ninety seven then upon Trust
that the said Plantation or Estate should be put up to sale in manner and upon
the Terms and Conditions therein mentioned And also Reciting that by certain
other Indenture of Lease and Release bearing date respectively the fourteenth
and fifteenth days of February one thousand seven hundred and ninety two and
made between the said Duncan Campbell of the one part and the said Patrick
Bartlet and William Arbuthnot of the other Part the said Plantation or Estate Lands
Slaves Cattle Stock Hereditaments and Premises were granted and conveyed unto
and to the use of the said Patrick Bartlet and William Arbuthnot their Heirs and
A∫signs subject to such of the Trusts mentioned in the said Indenture of Release of
the twenty fifth day of August one thousand seven hundred and ninety as were
not then performed It is by the Indenture of Release and A∫signment now in recital
witne∫sed that for the considerations therein mentioned the said Patrick Bartlet and
William Arbuthnot did Bargain Sell A∫sign and Release And the said John
Grant and Martha his Wife at the request and by the direction and upon the
nomination of the said Patrick Bartlet William Arbuthnot and John Span
testified as therein mentioned Did Grant Bargain Sell Release A∫sign Ratify and
confirm unto the said Joseph Kaye and his Heirs the said Plantation or Estate
Slaves Cattle Stock Hereditaments and Premises with the Appurtenances be such
description as therein is contained To hold the same unto the said Joseph
Kaye

(387)

Kaye his Heirs Executors Administrators and A∫signs according to the
nature and quality of the said Premises respectively to and for the several uses
therein and hereinafter mentioned and expre∫sed of and concerning the same
(that is to say) as to for and concerning one undivided third part of Share
(the whole into three equal parts or Shares being divided of the said
Plantation or Estate Lands Slaves Cattle Stock Hereditaments and Premises
with the Appurtenances To the Use of the said Patrick Bartlet his Heirs
Executors Administrators and A∫signs for ever according to the nature and quality
thereof respectively freed and absolutely discharged of and from the Trusts Powers
Provisoes and Agreements contained in the said Indenture of Release of the
twenty fifth day of August one thousand seven hundred and ninety so far as
the said John Grant was concerned or interested therein But subject neverthele∫s
to the Payment and satisfaction of one third part or Share of the several Debts
Charges and Incumbrances to which the said Plantation or Estate Slaves Cattle
Stock Hereditaments and Premises were by the said last mentioned Indenture
and the Securities therein mentioned subject or liable And as to for and concerning
one other undivided third part or Share the whole into three equal Parts or
Shares being divided of the said Plantation or Estate Lands Slaves Cattle Stock
Hereditaments and Premises with the Appurtenances To the use of the said
William Arbuthnot his Heirs Executors Administrators and A∫signs for ever according
to the nature and quality thereof respectively freed and absolutely discharges of and
from the Trusts Powers Provisoes and Agreements contained in the said Indenture
of Release of the twenty fifth day of August one thousand seven hundred and ninety
_____ the said John Grant was concerned or interested therein But subject
neverthele∫s to the Payment and satisfaction of one third part or share of the several
Debt Charges and Incumbrances to which the said Plantation or Estate Slaves
Cattle Stock Hereditaments and Premises were by the said last mentioned
Indenture and the Securities therein mentioned Subject or liable And as to for and
concerning the remaining undivided third Part or share the who into three
equal parts or share being divided of the said Plantation or Estate Lands Slaves
Cattle Stock Hereditaments and Premises with the Appurtenances To the use of
the

(388)

The said John Span his Heirs Executors Administrators and A∫signs
ever according to the nature and quality thereof respectively free and _____
discharged of and from the Trusts Powers Provisoes and Agreement contained
in the said Indenture of Release of the twenty fifth day of August one thousand
seven hundred and ninety so far as the said John Grant was concerned or
Interested therein But subject neverthele∫s to the Payment and satisfaction of one
third Part or Share of the several Debts Charges and Incumbrances to which
the said Plantation or Estate Lands Slaves Cattle Stock Hereditaments and
Premises were by the said last mentioned Indenture and the Securities
therein mentioned Subject or liable as in and by the said several recited
Indentures reference being thereunto respectively had will more fully and at
large appear And whereas the produce arising from the said
Plantation or Estate has for several Years last past been consigned to the said
John Campbell the Elder Alexander Campbell and Alexander Campbell the
Younger and the net proceeds thereof have from time to time been applied towards
satisfaction and discharge of the Monies secured to them by the said recited
Indenture of the second and third days of September One thousand seven hundred
and ninety five and the tenth day of February one thousand seven hundred and
ninety seven and by an account made up by the said John Campbell the
elder Alexander Campbell and Alexander Campbell the younger to the twenty
first day of December last there appeared to be due and owing to them upon or by
virtue of their said recited securities the balance or sum of nine thousand nine
hundred and forty seven Pounds one shilling and two pence of lawful Money of
Great Britain And whereas it was lately agreed between the said Patrick
Bartlet William Arbuthnot and John Span and the said John Campbell the
elder Alexander Campbell & Alexander Campbell the younger that the said
John Campbell the Elder Alexander Campbell and Alexander Campbell the
Younger should out of the Net Proceeds to arise from the Produce of the said Plantation
or Estate which should be consigned to them during the present Year deduct and retain
the sum of two thousand four hundred and eighty sic Pounds fifteen shillings and three
pence part of the said sum of nine thousand nine hundred and forty seven Pounds one
shilling

(389)

Shilling and two pence together with Interest for the same at the
rate of six Pounds per Cent per Annum from the said twenty first day of December
last and that the remainder of such net proceeds should be paid over by them to
Me∫srs. Samuel and John Span and Company of the City of Bristol Merchants and
that the sum of Seven thousand four hundred and sixty Pounds five shillings
and eleven pence the remainder of the said Sum of nine thousand nine hundred
and forty seven Pounds one shilling and two pence should be paid to the said
John Campbell the Elder Alexander Campbell and Alexander Campbell the
Younger by Bills of Exchange to be drawn by the said Patrick Bartlet and
William Arbuthnot upon and accepted by the said Me∫sre. Samuel and John
Span and Co. payable to the said John Campbell the Elder Alexander
Campbell and Alexander Campbell the younger or their Order in two three
and four Years from the said twenty first day of December last with Interest for
the same in the mean time And it was also agreed between them that the due
payment of thesaid Bills of Exchange should be secured by a Mortgage to be
made of the said Plantation or Estate Islands Slaves Cattle Stock Hereditaments
and Premises in such manner as hereinafter mentioned And whereas in
pursuance and part Performance of the said Agreement the said Patrick Bartlet
William Arbuthnot and John Span have this day delivered to the said John Campbell
the Elder Alexander Campbell and Alexander Campbell the Younger three Bills of
Exchange all bearing date the eleventh day of January last amounting in value
in the whole to the sum of eight thousand three hundred and fifty fife Pounds ten
shillings and five pence ( being the said Sum of seven thousand four hundred
and sixty Pounds five shillings and eleven pence and the Interest accruing thereon
until the said Bills become due ) drawn by the said Patrick Bartlet and William
Arbuthnot upon and accepted by the Me∫srs. Samuel and John Span and Co. and
made payable in London to the said John Campbell the Elder Alexander Campbell
and Alexander Campbell the Younger in their said Copartnership firm of Me∫srs.
John Campbell Senior and Co. or order for the several sums of Money and payable
at the several periods hereinafter mentioned (that is the say) one of the said Bills for the
Sum of two thousand nine hundred and thirty four Pounds seven shillings and six
pence payable on the eighteenth day of December One thousand seven hundred and
ninety nine one other of the said Bills for the sum of two thousand seven hundred
and

On to part 3/4. Enjoy,

Jim

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