Part 524s – Smith Robertson Genealogy – Indenture Research – 1798 James and Robert Smith – Pointe Saline & Morne Rouge Estates – 1 of 2

10 June 2011

Afternoon,

My Transcription Project continues in the search for the origins and genealogy of ggg-grandfather James Smith. This is onerous task, but then again no one ever said that the search for our ancestors would be an easy one… Would it be so?

One of ggg-grandfather James Smith’s descendants, Denis Malins-Smith is celebrating his 99th birthday this month… Happy birthday and all the best of wishes.

This next Indenture includes two Smiths – James and Robert Smith. All-things-being-equal there is no indication that they could be either or related to ggg-grandfather James. But these two Smiths are connected. James Smith is Clerk to the Attorney at Law Robert Smith. Both are of Bassing Hall Street in London, England. More than likely their place of business. (The above inserted image is Coleman Street and Bassinshaw Wards. Source: 1754 Benjamin Cole. Wikipedia.)

This Indenture is entered to the Grenada Registers of Records and was written the 20th of October 1798. It is 15 pages long and begins on page 444 and continues through page 458. Due to the length of the number of pages and the transcription I have split my work into two parts and two subsequent Postings.

Here are the images of Pages 444 through 451 downloaded from Item 1 of the microfilm FHL [1563378].

My transcription –
444
Entered 5th June 1799
This Indenture made the twentieth day of October in the thirty  eighth Year of the Reign of our Sovereign Lord George the third by the Grace of God
of Great Britain France and Ireland King Defender of the Faith and so forth
And in the Year of our Lord One thousand seven hundred and ninety eight
Between Edmund Thornton of Finsbury Square in the County of
Middlesex Esquire of the one part and John Campbell the elder Alexander
Campbell and Alexander Campbell the Younger of the City of Glasgow
Merchants and Partners carrying on Trade in Copartnership under the firm of
John Campbell Senior and Company of the other Part Whereas the said
Edmund Thornton hath applied to and requested the said John Campbell the elder
Alexander Campbell and Alexander Campbell the Younger to lend and advance
to him the sum of Eight thousand Pounds which they have agreed to do upon
having the repayment thereof secured to them by the Bond of the said Edmund
Thornton and by a Mortgage of the two several Plantations or Estates and
Premises hereinafter described as such times in such manner and with such
Interest for the same as hereinafter mentioned And Whereas the said

Edmund


445

Edmund Thornton hath by his Bond or Obligation in
writing under his Hand and Seal bearing ^ even date with these Presents become
bound to the said John Campbell the elder Alexander Campbell and
Alexander Campbell the Younger in the penal sum of Sixteen thousand
Pounds with a Condition thereunder written for making void the same
on payment to the said John Campbell the elder Alexander Campbell and
Alexander Campbell the younger their Executors Administrators or A∫signs of
the sum of Eight thousand Pounds and interest at the rate times and in manner
therein and hereinafter mentioned Now this Indenture Witne∫seth
that for and in consideration of the sum of Eight thousand Pounds of lawful
money of Great Britain to the said Edmund Thornton in hand well and truly
paid by the said John Campbell the Elder Alexander Campbell and
Alexander Campbell the younger at or before the sealing and delivery of these
Presents the receipt whereof he the said Edmund Thornton doth hereby acknowledge
and of and from the same and every Part thereof doth acquit release and
discharge the said John Campbell the elder Alexander Campbell and Alexander
Campbell the Younger their Heirs Executors and Administrators and every of them
for ever by these presents He the said Edmund Thornton Hath granted
bargained sold aliened released and confirmed and by these Presents Doth
grant bargain sell alien release and confirm unto the said John Campbell the
elder Alexander Campbell and Alexander Campbell the younger (in their actual
Po∫se∫sion now being by virtue of a Bargain and Sale to them thereof made by the
said Edmund Thornton in consideration of five shillings by Indenture bearing date
the day next before the day of the date of these Presents for one whole Year commencing
on the day next before the day of the date of the same Indenture and by force of the
Statute made for transferring Uses into Po∫se∫sion their Heirs Executors Adminis
trators and A∫signs All that Coffee Plantation or Estate of him the said Edmund
Thornton called Pointe Saline situate and being ^in the Parish of Saint George
in the Island of Granada aforesaid containing by estimation three hundred
and thirty five Acres of Land or thereabouts be the same more or le∫s bounded on
the East by Lands now or late belonging to the Heirs of Charles Clarmont Esquire
deceased and on the north south and west thereof by the King’s fifty paces next
the Sea howsoever otherwise the said Plantation or Estate is situated or bonded

And


446

And also all and every those one hundred and fifty nine
and other slaves of him the said Edmund Thornton now being upon or belonging
to the said Plantation or Estate whose Names are particularly mentioned and so
forth in the list marked A in the Schedule hereunder written or known or
indorsed or such of them as are now living And all the Progeny Offspring I∫sue
and Increase of the Females of the said Slaves And also all that other
Cotton Plantation or Estate of him the said Edmund Thornton called Morne Rouge
situate and being in the said Parish of Saint George in the said Island of Grenada
containing by estimation one hundred and forty Acres of Land or thereabouts
the same more or le∫s bounded on the East by Lands now or late belonging to the
Heirs of Robert Young Esquire deceased on the South partly be Lands now or late
of Joseph Dert and partly by lands of Calais Flavigny (a free Mulatto) on the West
by Lands now or late belonging to the said Heirs of the said Charles Clarmont deceased
and on the North by the Kings fifty Paces next the Sea or howsoever otherwise the said
last mentioned Plantation or Estate is situated or bounded And also all and
every those one hundred and sixteen Negro and other Slaves of him thesaid Edmund
Thornton Thornton now being upon or belonging to the said last mentioned plantation or
Estate whose names are particularly mentioned and set forth the list marked
B in this said Schedule hereunder written or here on endorsed or such of them as are
now living and the Progeny Offspring I∫sue and Increase of the Females of the said
last mentioned Slaves And also all other Negroes now being on or belonging to
the said Estates or either of them And also all and singular Me∫suages Edifices
Erections and Buildings whatsoever erected standing or being in or upon the said
Plantations or Estates called Pointe Saline and Morne Rouge or either of them or any
part thereof respectively or thereto or to either of them or any part or parcel thereof
spectrally belonging or appertaining And also all Trees Woods Underwoods
Ways Paths Pa∫sages Water Watercourses Easements Emoluments Privileges
Hereditaments and Appurtenances to the said Plantations or Estates or either of them
or any part thereof respectively belonging or in any wise appertaining or accepted
reputed taken or known apart parcel or member thereof respectively And also
all Horses A∫ses Mules Horned and other Cattle whatsoever Mills Cisterns
Utensils and Implements whatsoever to the said Plantations or Estates or either
of them or any part thereof respectively belonging or in any wise appertaining
And

447

And the Reversion and Reversions Remainder and Remainders Yearly
and other rents i∫sues and Profits thereof and of every Part and Parcel thereof
And all the Estate Right Title interest use Trust po∫se∫sion property claim and
demand whatsoever both at Law and in Equity of him the said Edmund
Thornton all into or out of the said Plantations or Estates and Premises hereby
granted and released or mentioned or intended so to be or any part thereof And
all Deeds Grants Letters Patent Evidences and writings whatsoever relating to
or concerning the said Hereditaments and Premises now in the Custody or
Power the said Edmund Thornton or which he can come at or procure
without suit at Law or in equity To have and to hold the said two
Plantations Lands Me∫suages Tenements Slaves Buildings Stock and Premises
hereby granted and released or mentioned or intended so to be with their and every
of their Appurtenances unto the said John Campbell the elder Alexander
Campbell and Alexander Campbell the Younger their Heirs Executors Admors
and A∫signs according to the natures and qualities thereof respectively To and for
the only Proper Use and Behoof of the said John Campbell the elder Alexander
Campbell and Alexander Campbell the Younger their Heirs Executors Administrators
and A∫signs for ever Subject neverthele∫s to the Proviso for redemption of the said
Premises hereinafter contained that is to say Provided always nevertheless
that if the said Edmund Thornton his Heirs Executors or Admors do and shall well
and truly pay or cause to be paid unto the said John Campbell the elder Alexander
Campbell and Alexander Campbell the Younger their Executors Administrators
or A∫signs at this South Gate of the Royal Exchange London said principal sum
of Eight thousand Pounds of lawful Money of Great Britain and Interest for the
same at the times and in the Proportions following that is to say the sum of Two
thousand Pounds part thereof (together with twelve Calendar Months Interest
for the said Principal sum of Eight thousand Pounds at and after the rate of Six
Pounds for every one hundred Pounds by the Year on the twenty-fifth day of October
One thousand seven hundred and ninety nine the further sum of Two thousand Pounds
(other part thereof) together with twelve Calendar months Interest at and after the rate
aforesaid on the sum of six thousand Pounds the then residue of the said sum of eight
thousand Pounds on the twentieth day of October on thousand and eight hundred the
further sum of Two thousand Pounds (other part thereof) together with twelve
Calendar

448

Calendar months interest at and after the rate aforesaid on the sum
of four thousand Pounds (the then residue of the said sum of Eight thousand
Pounds) on the twentieth day of October One thousand eight hundred and one
and the further sum of Two thousand Pounds (residue of the said Principal
sum of Eight thousand Pounds together with twelve Calendar months
interest on the said sum of Two thousand Pounds at and after the rate aforesaid
on the twentieth day of October one thousand eight hundred and two
without making any deduction or abatement whatsoever out of the said Principal
monies and interest or any Part thereof respectively for or in respect of any rates
taxes charges or impositions already charged a∫se∫sed or imposed or which shall
or may at any time or times hereafter be taxed charged a∫se∫sed or imposed upon
the said Plantations or Estates Negroes Slaves Hereditaments and Premises or any
of them or any part thereof or on the said John Campbell the elder Alexander
Campbell and Alexander Campbell the Younger their Executors Admors or A∫signs
for in respect thereof or upon the said Principal monies and interest or any part
thereof by Authority of Parliament Act of A∫sembly of the said Island of Grenada or
otherwise howsoever or on Account of the Exchange or remittance of money from the
said Island of Grenada to Great Britain or on any other Account or Pretence
whatsoever Then and from thenceforth and at any time thereafter they the said John
Campbell the elder Alexander Campbell and Alexander Campbell the younger
their Heirs Executors Administrators or A∫signs shall and will at the request costs and
charges of the said Edmund Thornton is Heirs Executors Admors or A∫signs reconvey
and rea∫sure the said to Plantations Lands Slaves Stock Hereditaments and
Premises with their and every of their Appurtenances unto the said Edmund
Thornton is Heirs Executors Admors and A∫signs or as he or they shall direct or
appoint And the said Edmund Thornton doth hereby for himself his Heirs
Executors and Admors and A∫signs in manner following that is to say that he
the said Edmund Thornton his Heirs Executors or Admors shall and will well and truly
or cause to be paid unto the said John Campbell the elder Alexander Campbell and
Alexander Dirk Campbell younger their Exors Admors and A∫signs the said sum of
eight

449

Eight thousand Pounds with Interest for the same after the rate
aforesaid on the several days and times and in the Proportions and manner
hereinbefore mentioned for the payment thereof and according to the true intent
and meaning of these presents And also that so long as any part of the
monies in the aforesaid Proviso or Condition mentioned or of the interest thereon
shall remain due and unpaid he the said Edmund Thornton is Heirs Exors
or Admors shall and will Yearly and every Year well and faithfully Ship and
Consign or cause to be shipped and consigned unto the said John Campbell the
elder Alexander Campbell & Alexander Campbell the Younger their Exors
Admors or A∫signs in Glasgow or to such other Person or Persons in that City of
elsewhere in Great Britain as they shall direct All and singular the Cotton and
other Produce which shall grow due or be made upon or from the said Plantations
or Estates or either of them in order that the same Cotton and other Produce may be
by them sold and disposed of upon Commi∫sion in the usual and customary manner
of Merchants in Glasgow or other such Place or Places as aforesaid and shall not
nor will in any wise clog incumber or annex any Conditions whatsoever to the
said Consignments or any Part thereof either by Bills of Exchange Transfer of Bills
of Lading or otherwise howsoever but shall and will permit suffer and direct the
whole net Proceeds of such Consignments and Remittances to come free and unencumbered
into the hands of the said John Campbell the elder Alexander Campbell and
Alexander the Younger their Executors Administrators or A∫signs to be by
them kept and retained and form time to time as occasion may require duly applied
in or towards satisfaction and discharge of the said Principal Monies and Interest
until the whole of the said principal monies and interest shall be fully paid and
satisfied And also that for and notwithstanding any Act Deed matter or thing
whatsoever by the said Edmund Thornton made done committed or wittingly or
willingly suffered to the contrary He the said Edmund Thornton now at the time
of the sealing and delivery of these presents is and standeth lawfully and rightfully
seized of and in the said Plantations or estates Buildings Negroes Slaves Cattle
Hereditaments and Premises hereinbefore mentioned and intended to be hereby
granted and released with the Appurtenances of a good sure perfect absolute and
indefeasible Estate of Inheritance in Fee simple in Po∫se∫sion without any condition
contingent Proviso Trust power of revocation or limitation of use or uses or any
other matter restraint or thing to alter change charge revoke defeat incumber or
make

450

Make void the same And also that he the said Edmund
Thornton now hath in himself food right full Power and lawful and absolute
Authority to grant bargain sell and convey the said Plantations or Estates
Buildings negroes Slaves Cattle Hereditaments and Premises hereinbefore
mentioned and intended to be hereby granted and released with the Appurtenances
unto and to the use of the said John Campbell the elder Alexander Campbell
and Alexander Campbell the younger their Heirs Executors Admors and
A∫signs according to the true intent and meaning of these Presents And
further that it shall and may be lawful to and for the said John Campbell
the elder Alexander Campbell and Alexander Campbell the younger their
Exors Admors and A∫signs from and after default shall happen to be made
of or in payment of the said Principal sum of Eight thousand Pounds or the
interest thereof on the several days and times whereon the same ought to be paid as
aforesaid according to the purport and effect of the aforesaid Proviso and Covenant
for Payment hereof peaceably and quietly to enter into and upon and to have hold
use occupy po∫se∫s and enjoy the said Plantations or Estates Hereditaments and
Premises hereinbefore mentioned and intended to be hereby granted and released
with the appurtenances and to receive and take the rents i∫sues and Profits thereof
and of every part thereof to and for his and their own use and benefit without any
the lawful let act? trouble denial eviction or interruption of from or by the said
Edmund Thornton his Heirs Executors or Admors or of from or by any other Person or
Persons whomsoever And that free and clear and freely and clearly and absolutely
acquitted exonerated and discharged or otherwise by the said Edmund Thornton his
Heirs Exors or Admors well and sufficiently saved defended kept harmle∫s and
indemnified of from and against all and all manner of former and other Gifts
Grants Bargains Sales Leases Mortgages Trusts Estates Titles Charges and incumbrances
whatsoever And further that he the said Edmund Thornton his Heirs Exors
or Admors and all and every other Person and Persons having or lawfully claiming
or who shall or may have or lawfully claim any Estate right title trust or interest of
in to or out of the said Plantations or Estates Buildings Negroes Slaves Cattle
Hereditaments and Premises hereby granted and released or mentioned or intended
so to be or any part thereof shall and will (from and after default shall happen to be
made

451

Made of or in payment of the said sum of Eight thousand Pounds
and the interest thereof or any part thereof respectively on any of the days or times
whereon the same ought to be paid as aforesaid and according to the Purport
and effect of the aforesaid Proviso and Covenant for Payment thereof upon the
reasonable request of the said John Campbell the elder Alexander Campbell
and Alexander Campbell the younger their Heirs Exors Admors or A∫signs but at
the proper Costs and Charges in the law of the said Edmund Thornton his Heirs
Exors and Admors make do and execute or cause and procure to be made done
and executed all and every such further and other lawful and reasonable Act
and Acts Deed and Deeds devices Conveyances A∫signments and A∫surances
in the law whatsoever for the further better more perfectly and absolutely
granting bargaining selling and releasing of the said Plantations or Estates
Buildings Negroes Slaves Cattle Hereditaments and Premises hereinbefore
mentioned and intended to be hereby granted and released unto and to the use
of the said John Campbell the elder Alexander Campbell and Alexander
Campbell the younger their Heirs Exors Admors and A∫signs respectively according
to the natures and Qualities thereof respectively freed and absolutely discharge of
and from the aforesaid proviso for redemption and all Equity thereupon as by the
said John Campbell the elder Alexander Campbell and Alexander Campbell the
Younger their Heirs Exors Admors or A∫signs or their Counsel learned in the law
shall be reasonably devised or advised and required And more over it is hereby
declared and agreed by and between the said Parties to these Presents that in the
mean time and until default shall be made of or in Payment of the said Principal
sum of eight thousand Pounds and the Interest thereof on the several days or times
whereon the same ought to be Paid as aforesaid according to the purport and effect of
the aforesaid Proviso and Covenant for Payment thereof it shall and may be lawful
to and for the said Edmund Thornton his Heirs Exors or Admors peaceably and quietly
to have hold use occupy po∫se∫s and enjoy the said Plantations or Estates Buildings
Negroes Slaves Cattle Hereditaments and Premises hereby granted and released or
mentioned or intended so to be with the Appurtenances and to receive and take the
rents i∫sues and profits thereof to and for his and their own proper use and benefit
without the lawful let suit trouble or interruption of from or by the said John
Campbell the elder Alexander Campbell and Alexander Campbell the younger
their Heirs Exors Admors or A∫signs or of from or by any other Person or Persons
lawfully

Pages 452 through 458 to follow on the next Posting.

Enjoy,

Jim

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