Abstract of Title to The Ship and Woodyard 1720 - 1825

Originally held by Captain Daniel Harvey's grandfather, John Harvey

Added by Pat Marsden

Water colour by an army officer about 1810 showing two Revenue cutters moored in front of the Customs warehouse
The Nottage
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 Messuage called The Ship and other Hereditaments and premises situate or 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 1720 – 1825

Essex Record Office D/DEt T27/20

This Abstract is a little confusing until you realise that the first tenant referred to is Captain Daniel Harvey’s grandfather, John Harvey [1], who held two pieces of property in Wivenhoe. There was The Ship (presumably an inn) with stables and outbuildings and a piece of land where a house had been recently built called the Wood Yard. He surrendered this to his son John, Daniel’s father (1686-1777) [2] and his wife Deborah (the second tenants) on 28 March 1722 and twenty-five years later, on 9 June 1747, at the time of John Harvey’s [1] death he surrendered a second property to them described as tenements, wharf and a warehouse (part of which was used as a Warehouse for his Majesty’s Services). Ten years later, on 13 April 1757, John Harvey [2]  (Daniel’s father) surrendered this same property to his wife and Daniel Harvey, the only surviving son and heir, then acquired the above property by virtue of his father’s will of 8 July 1767.

Following Daniel’s death in 1794 the property was taken over by his Trustees and on 8 April 1795 surrendered to Daniel Blyth a merchant of Elmstead and on his death was transferred to his youngest son and heir George Blyth in April 1800. The property had been released and enfranchised by Nicholas Corsellis the Lord of the Manor earlier that year.

Unfortunately George Blyth drowned at sea in January 1816 but since he had not made a Will his eldest brother Daniel Oathwaite Blyth became his Heir at Law and on 31 March 1817 John and James Blyth inherited his effects.

28th March 1720 Court Book No. 1. p117

At a General Court Baron then held for the said Manor

John Harvey [1] of Wivenhoe Mariner was admitted

[First Property]

To all that Messuage or Tenement customary called The Ship with the Stable Edifices thereto belonging

Also to one piece of Land whereupon a Messuage had been lately built called the Woodyard containing by Estimation Six perches three quarters with the Appurtenances

To hold to the said John Harvey [1] his heirs and assigns

p119 

And at the same court the said John Harvey [1] Surrendered the said premises to which he had then been admitted 

To the use of him the said John Harvey [2] and Deborah his wife and their heirs and assigns of him the said John Harvey for ever

Who being present in Court were accordingly admitted

To hold to them the said John Harvey [2] and Deborah his wife and the heirs and assigns of him the said John Harvey forever

[Second property]

Illegible Date Court Book No.3 p. 99 

At a General Court Baron then held for the said Manor 

John Harvey [1] of Wivenhoe Gentleman was admitted (inter alia)

All those Customary Messuages or Tenements Wharf Granary and Warehouses situate lying of being in Wivenhoe aforesaid with the Houses Outhouses Yards Gardens and Appurtenances to the same belonging (part whereof was then used as a Warehouse for his Majesty’s Services and the other part thereof then was in the tenure of occupation of William Cole or his assigns and holden of the said Manor by Copy of Court Roll)

To hold to the said John Harvey [1] his heirs and assigns for ever

And at the same Court the said John Harvey [1] did Surrender the said premises to which he had then been admitted 

To the use of him the said John Harvey [2] [his son] and Deborah his Wife their heirs and assigns forever

Who being present in Court were accordingly admitted thereto

To hold to them the said John Harvey [2] and Deborah his Wife their heirs and assigns

13 April 1757 Court Book No. 4 p224

At a Court then held the said John Harvey [2] surrendered to the Use of his Wife

As to all foregoing premises in this Abstract

22 April 1778 Court Book No. 6 p47

At a General Court Baron then held for the said Manor

The death of the said John Harvey [2] was found and presented by the Homage and that he died seized

Of all the foregoing premises

Whereupon came into the Court Daniel Harvey Esquire the only surviving Son and heir of the said John Harvey [2] and brought into Court the last Will and Testament of his late father bearing date the 8th July 1767 the Tenor whereof as touching the said premises is on their land 

“I give devise and bequeath all and every my Messuages Lands ? and Hereditaments whatsoever and wheresoever with their and every of their rights Members and Appurtenances unto my well beloved son Captain Daniel Harvey and his heirs and assigns for ever”

And thereupon the said Daniel Harvey humbly desired to be admitted to the said premises

To whom the Lord of the said Manor by the rod and hands of his Steward granted seizin thereof

To hold to said Daniel Harvey his heirs and assigns pursuant to the said Will

And at the same Court the said Daniel Harvey surrendered to the use of his Wife

8th April 1795 Court Book No 7 p174 

At a General Court Baron held for this said Manor

The death of the said Daniel Harvey was found and presented by the Homage that he died seized

Of all the forgoing premises (inter alia)

Whereupon came into the Court Sir James Eyre Knight Samuel Ennew Esquire Stephen Martin Leake Esquire and Samuel Martin Esquire by their attorney and brought into Court the Wife of said Daniel Harvey bearing date the 25 June 1787 which as to the said premises follows on these words

“I give and devise all the rest and residue of my real and personal Estate including my Copyhold Estates unto Sir James Eyre Lord Chief Baron of the Exchequer Samuel Ennew Esquire Samuel Martin Leake Esquire Samuel Martin Esquire late of Bombay in the East Indies their heirs executors administrators and assigns for use Upon Trust to sale my Real Estate whether freehold of copyhold and to convert the same to others with my personal Estate into money my meaning being that this whole should be considered as personal estate”

And thereupon the said Sir James Eyre Samuel Ennew Stephen Martin Leake Samuel Martin desiring to be admitted to these premises pursuant to and according to the Trusts of the said Will

The Lord by the rod and hands of his Steward Doth grant them seisin (sic) thereof

To hold the said premises with the appurtenances to the said Sir James Eyre Samuel Ennew Stephen Martin Leake Samuel Martin their heirs and assigns to the Trusts mentioned in the said Will

Date obscured 1795 Court Book No 7 p206 

At a General Court Baron then held for the said Manor

The Homage presented that on the 6th October then instant. The Sir James Eyre Samuel Ennew Stephen Martin Leake and Samuel Martin Did duly surrender

All the forgoing premises

To which they had been admitted at a Court held on 8th April 1795

And the Residue and Remainder thereof And all their Estate and Interest therein

To the only use and Behoof of Daniel Blyth of Elmstead Merchant his heirs and assigns for ever

Who being present in Court by his Attorney and desiring to be admitted to the said premises 

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

To hold to said Daniel Blyth his Heirs and Assigns

[p208] And at the same Court the said Daniel Blyth did duly Surrender to the Use of his Will

9 December 1799  Court 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 (sic) (inter alia)

Of all the foregoing premises

Whereupon came into Court George Blyth (by his attorney) the Youngest Son and heir according to the Custom of the said Manor of the said Daniel Blyth 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 (sic) thereof

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

17 April 1800 Court Book. No 8 p180

At a General Court Baron then held for the said Manor

The Homage presented a Certain And Indenture bearing date the 20th January 1800 and made between the Rev. N. Corsellis Lord of the said Manor of the 1sf part Ann Oathwaite Blyth, William Blyth, John Bawtree of the 2nd part and the said Geo. Blyth of the 3rd part (Reciting as therein)

Whereby the said N Corsellis Lord of the Manor pursuant to an Agreement made between the parties and in Consideration of the Sum of £23 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 the Rev. Removed thereof and all his Estate Right Title Interest Freehold of Inheritance therein

To the use of said George Blyth his heirs and assigns for ever

Freely clearly and absolutely enfranchised acquitted discharged from there and forth forever

Of and from all manner of yrly 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 

Extracts from the Court Book 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 B,yeh of Colchester Esquire his eldest Brother and Heir at Law

[Letters of Admission to the Effects of George Blyth were granted to John Blyth and James Blyth by the Prerogative Court of London 31 March 1817]

Notes
It seems clear that this Abstract had been carefully checked for accuracy as a number of queries are written in the margins  regarding dates and documentary proof of joint tenancy, deaths or probate and concerns expressed that these should be available.

it should also be mentioned that Essex Record Office holds a document D/DEt T27/21 which is described as an ‘Abstract of Title to a Coalyard and premises in Wivenhoe’. The first entry dated 6 April 1763 refers to ‘A certain place called the Old Storehouse Woodyard and Key (sic) formerly in the occupation of Robert King which said premises were lately in the occupation of Captain John Harvey etc’. This sounds very much like at least part of the property referred to in D/DEt T27/20 which was sold off at that date and later became known as the Coal Yard. Daniel Blyth was also admitted to this property in November 1798.

To read more about Daniel Harvey click here.

[Transcribed by Pat Marsden November 2020]

This page was added on 16/11/2020.

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