Abstract of Title to a Coalyard 1763 - 1825

 

Water colour by an army officer about 1810 showing two Revenue cutters moored in front of the Customs warehouse

The Nottage

 

Ipswich Journal, Saturday, 9 February 1799 [British Newspaper Archive]

 

Extract from the 1838 Tithe Award Map showing (top left) what is believed to be the jetty where The Ship was originally sited. That particular parcel of land is also listed as No 354 Houses and Ship Yard (Three roods and thirteen perches).

Essex Record Office D/CT 406A

Abstract of Title to a Coal Yard and premises situate and being in Wivenhoe in the County of Essex late Copyhold of the Manor of Wivenhoe but now enfranchised 

Extracted from the Court Books of the said Manor

Essex Record Office D/DEt T27/21

It should be noted that this document has close ties with ERO D/DEt T27/20 entitled ‘Abstract of Title to The Ship and Woodyard 1720 – 1825‘ which refers to the earlier history of this estate which was originally held by John Harvey, Captain Daniel Harvey’s grandfather.

It seems that the Coal Yard which was formerly referred to as ‘the Old Storehouse or Wood Yard and key (sic)’, was transferred out of the family by a deed dated 6 April 1763 and by 1784 the new owner refers to it as ‘my freehold house wherein  I now reside together with the premises thereto belonging and also a Coal Yard and Granary, a Gardeners Shop and Small Warehouse with my right to the Quay facing the same plus a number of dwelling houses. By 1798 it had been acquired by Daniel Blyth, described as a Merchant of Colchester.

It is a little unclear which part of the former Harvey’s estate became the Coal Yard. It has been suggested that Daniel Harvey, retained possession of The Ship until his death in 1794 following which his trustees sold (possibly) this part of his estate to Daniel Blyth, this time described as a Merchant of Elmstead, in 1795. A later affidavit ERO D/DEt T27/27, signed by Joseph Martin, described as ‘late an Officer in her Majesty’s Customs’, and dated 15 December 1832 confirms Captain Daniel Harvey’s ownership of a warehouse formerly standing on the site of a coal yard ‘nearly opposite the old jetty’, which he recollects to have often heard was formerly a public house.

6 April 1763 Court Book No. 4 p336

At a General Court Baron then held for the Manor of Wivenhoe, the then Homage presented that on the 15 January then last John Harvey as Customary Tenant of the said Manor Did Surrender inter alia

A Certain place called the Old Storehouse Wood Yard and Key formerly in the occupation of Robert King and which said premises then or then lately were in the several Tenures or occupations of Captain John Harvey John Barrington John Blyth Tho. Swan and Daniel Maycroft or their assigns

And the Rev. and Rents thereof and all his Estate and Interest therein

To the only Use and behoof of William Webb of Wivenhoe Bricklayer and Susan his Wife, and the Heirs and Assigns of him the said William Webb absolutely for ever

Who being present in Court and desiring to be admitted thereto, the Lord did grant him Seisin thereof

To hold said William Webb and Susan his Wife and the heirs and assigns of the said William Webb

And at the same Court the said William Webb surrendered to the Use of his Will

14 April 1784 Court Book No 6. p237

At a General Court Baron then held for the said Manor

(After reciting the above abstracted Admission and the death of said William Webb)

Came Susannah Webb, Widow and relict of the said William and  brought into Court the last Will and Testament of her late husband bearing date the thirtieth day of Oct. 1799, the Tenor whereof as to said premises was in the following Words

“I give and bequeath to my loving Wife Susannah Webb All that my freehold house wherein I now reside together with the premises thereunto belonging And also a Coal Yard or Granary, a Garden Shop a Small Warehouse With my rights to the Quay facing the same And also three dwelling houses occupied by John Lightman John Blyth, and by Joseph Noale? and which said premises together are situate being and lying in Wivenhoe aforesaid and are holden of the said Manor by Copy of Court Roll The same for her to have possession and enjoy and Dispose of at her Will and pleasure”

Whereupon the said Susannah Webb desiring to be admitted to said premises

The Lord by the rod and hands of the Steward Did grant seisin thereof (inter alia)

To hold to the said Susannah Webb her heirs and assigns 

30 March 1785 Court Book No. 6 p265

At a General Court Baron then held for the said Manor

After reciting that the said Susannah Webb was admitted at a Court held the 14 April 1784 inter alia

To the aforesaid premises as first described in this Abstract, that is to say

To a certain place called the Old Storehouse Wood Yard and Quay formerly in the occupation of Robert King which said premises were theretofore in the use Tenure or occupation of Captain John Harvey John Barrington John Blyth and Thomas Swan or their assigns

holden of the said Manor by Copy of Court Roll

The then Homage presented the death of the said Susannah (then late the Wife of James Went)

and that she died seised of the said premises

Whereupon came into Court John Clark of Tollesbury Yeoman Cousin and heir at Law of the said Susannah Went deceased humbly desiring to be admitted to the said premises as to his right Inheritance 

The Lord of the manor by rod and hands of his Steward Did grant him seisin thereof

To hold to said John Clark his heirs and assigns as his right Inheritance 

22 December 1788 Court Book No 7. p18

At a General Court Baron then held for the said Manor

It was presented by the Homage that on the 3rd October then past

John Clark of Tollesbury Yeoman a Copyhold Tenant of said Manor and Sarah his Wife Did duly

Surrender (the said Sarah being first examined and consenting)

All that Coal Yard together with the Messuage or Tenements thereto belonging and near adjoins being part of the Estate or certain place called or known by the name or names of the Old Storehouse Wood Yard and Quay or otherwise With all ways Passages Yards Gardens rights privileges and appurtenances to the same respectively belonging or appertaining as all and singular the said premises then or later were in the said Tenure of occupation of Peter Conway John Blyth Robert Willis And holden of the said Manor by Court Roll

And also free liberty of Way and Passage from the said Quay to the said Coal Yard, together with the Use of the said Quay opposite the said Coal Yard at all times for ever thereafter for the owner of the Coal Yard to land any sort of Merchandise And also to cart and carry Coals to and from the said Yard without paying any thing for the same and with doing any repairs to the said Quay (such repairs being to be kept up by William Davis the purchaser of other part of the said Estate)

To which premises (with others) the said John Clark was admitted at a Court held the 30 March 1785

And the Reversions Rents thereof And all their Estate and Interest therein

To the use and behoof of Peter Conway of Wivenhoe Merchant his heirs and assigns for ever

Who being present in Court desiring to be admitted Tenant thereto

The Lord of the Manor by the rod and hands of the Steward Did grant him seisin thereof

To hold the said premises to said Peter Conway his heirs and assigns

And at the same Court the said Peter Conway did Surrender to the Use of his Wife

8 April 1795 Court Book No. 7 p182

At a General Court Baron then held for the said Manor

The then Homage found and presented that Peter Conway’s death had been presented at a Court held the 18 Dec? then last but no person came to claim Admission to said premises

Whereupon at that Court came Peter Conway the Son of said Peter, deceased and brought the last Will and Testament of his late Father bearing date the 17 Nov. then last, which as to said premises follows in these words

“Item, I give and devise unto my Son Peter Conway All that my Copyhold Coal Yard with the Messuage or Tenement Hereditaments and other Appurtenances thereto belonging situate in Wivenhoe aforesaid and now in the several tenures of occupations of Thomas Taylor John Jones and myself And which are holden of this Manor of Wivenhoe by Copy of Court Roll To hold the same and every part and parcel thereof with their Appurtenances unto my said Son Peter Conway his heirs and assigns for ever”

Who humbly desiring to be admitted to the said premises

The Lord of the said Manor by the rod and hands of the said Steward

Did Grant him seisin thereof as last described

To hold the said premises to said Peter Conway his heirs and assigns 

19 November 1798 Court Book No. 7 p304

At a General Court Baron then held for the said Manor

The then Homage found and presented that on the 3 May then last the said Peter Conway and Mary his Wife (she being first examined and consenting) Did duly Surrender

All that Coal Yard being part and parcel of the Estate or certain place called or known by the name or names of the Old Storehouse Woodyard Quay or otherwise With all Ways Passages rights Privileges and appurtenances to the same belonging or appertaining as the same was then in the Tenure of occupation of Daniel Blyth or his assigns and holden of the said Manor by Copy of Court Roll

And also free liberty of Way and Passage from the Quay to the said Coal Yard Together with the Use of the said Quay opposite the said Coal Yard, at all times, forever for the owner of the said Coal Yard to Land any sort of Merchandise And also to cart and carry Coals to and from the said Yard without paying anything for the same and with and doing any repairs to the said Quay (such repairs being to be kept up by William Davis late Purchaser of other part of the said Estate)

And to which premises together with the Messuage or Tenement thereto belonging and near adjoining (which were not intended thereby Surrendered) he the said Peter Conway was admitted to him and his at a Court held the 8th April 1795

And the Rev. and Remainder thereof And all their Estate and Interest therein

To the only Use and behoof of the said Daniel Blyth of Colchester Merchant his heirs and assigns for ever

Whereupon came into Court the said Daniel Blyth by Benjamin Strutt his Attorney and desired to be admitted to the said premises 

To whom the Lord by the rod and hands of his Steward Did grant and deliver thereof Seisin 

To hold the said premises to said Daniel Blyth his heirs and assigns

And at the same Court the Quitrent for the Coal Yard purchased by Daniel Blyth was apportioned at the sum of 3d and the sum of 8d was to remain on the Messuage or Tenement in the possession of Peter Conway

9 December Court 1799 Book No. 7 p342

At a General Court Baron then held for the said Manor

The Homage found and presented the death of the said Daniel Blyth that he died seised (inter alia)

Of all the foregoing premises

Whereupon came into Court George Blyth (by his attorney) the Youngest Son and heir of said Daniel Blyth according to the Custom of the said Manor and humbly desiring to be admitted to the said premises, as to his right and Inheritance

The Lord of the said Manor by the rod and hands of his Steward Did grant him seisin thereof

To hold the said premises to the said George Blyth his Heirs and Assigns for ever

17 April 1800 Court Book No. 8 p176 

At a General Court Baron then held for the said Manor

The Homage presented a Certain Indenture bearing date the 20th January 1800 and made between the Rev. N. Corsellis Lord of the said Manor of the 1st part Ann Oathwaite Blyth, William Blyth, John Bawtree of the 2nd part and the said George Blyth of the 3rd part 

Whereby the said N. Corsellis Lord of the Manor pursuant to an Agreement made between the parties and in Consideration of the Sum of 7? to the said Lord paid by said Ann O Blyth Wm Blyth and John Bawtree He the said N. Corsellis

Did grant bargain Sell and release and confirm unto said Geo. Blyth and his heirs

All that Coal Yard and premises as described in the foregoing Admission of Daniel Blyth and George Blyth 19 Nov 1798 and the 9 Dec 1799

And the Rev. and Remainders thereof and all the Estate right Title and Interest and Freehold of Inheritance of him the said Rev. N. Corsellis therein

To hold to the said George Blyth his heirs and assign

To the Use of the said George Blyth his heirs and assigns forever 

Freely clearly and absolutely enfranchised acquitted and discharged from thenceforth forever of and from all and all manner of Yearly and other payments Rents Chief rents Quitrents Customary or Copyhold Rents Fines Heriots Fealty Suit of Court all other usual or Customary Payments duties services or Customs whatsoever 

Extracted from the Court Books of the Manor of Wivenhoe. Witness my hand the 21 May 1825

Benj. Strutt Deputy Steward

The said George Blyth died (being drowned at Sea) in the month of January in the year 1816 intestate without leaving Issue leaving Daniel Oathwaite Blyth of Colchester Esquire his eldest Brother and Heir at Law

Notes

To read more about Daniel Harvey click here.

[Transcribed by Pat Marsden November 2020]