Ship at Launch Deed (1828) - and the Ship

 

Painting of The Ship at Launch by the Essex artist Alfred Bennett Bamford (1857-1939). Possibly painted after it closed in 1910 as there is no pub signage

Wivenhoe Memories Collection

There has been some confusion between the Ship at Launch and an earlier public house on the Quay called the Ship, part of property owned by Captain Daniel Harvey in the eighteenth century.  However according to an Affadavit (Essex Record Office D/DEt T27/27) made on 15 December 1832 by 70 year old Joseph Martin of Wivenhoe, late an Officer in His Majesty’s Customs, who had resided in Wivenhoe for more than sixty years, the earlier property on the Quay, nearly opposite the old Jetty, was taken down by the owner, Daniel Blyth. The Affadavit was Witnessed by Richard Neville, a Master extra in Chancery at Colchester.

It seems clear from contemporary deeds that Daniel Blyth was experiencing financial difficulties and John Green Chamberlain had been negotiating to take over the property which included the Ship and a coal yard.  In January 1833 Daniel Blyth was declared bankrupt but it was some months later, on 30/31 October 1833 (ERO D/DEt T27/32), before  the contract between John Green Chamberlain and Daniel Blyth and his wife was finalised; the latter being named as ‘deforciants’ [ones who wrongfully keep the owner of lands and tenements out of the possession of them]. The sale price was reduced due to the fact that the property had been demolished.

Mortgage of a House and Premises at Wivenhoe for securing £500 and interest between Mr Samuel Wade and another to Mr William Mayhew dated 30th May 1828
[The Ship at Launch]

This Indenture made the thirtieth day of May in one thousand eight hundred and twenty eight Between Samuel Wade of Wivenhoe in the County of Essex Inn-holder of the first part John Church of Colchester in the said County Gentleman (a Trustee for the said Samuel Wade) of the second part and William Mayhew of Great Coggeshall in the said County Gentleman of the third part. Witnesseth that in consideration of the sum of Five hundred pounds sterling to the said Samuel Wade hereby advanced and paid by the said William Mayhew immediately before the execution of these Presents the receipt whereof he the said Samuel Wade doth hereby acknowledge and also in consideration of ten shillings sterling to the said John Church now paid by the said William Mayhew the receipt whereof is hereby acknowledged He the said John Church by the direction of the said Samuel Wade testified by his executing these presents and by way of Conveyance only and not of Covenant or Warranty Hath bargained sold and released and by these presents Doth bargain sell and release and He the said William Mayhew now being vested by virtue of a Bargain and Sale thereof by Indenture bearing date the day next before the day of the date and executed before the execution of these presents to him the said William Mayhew by the said John Church and Samuel Wade made in consideration of five shillings paid to each of them by the said William Mayhew for one year to be computed from the day next before of the day of the date of the same Indenture of bargain and sale and also by force of the Stature for transferring uses into All that Messuage or Tenement used as a Public House formerly called the Woolpack and now known by the name or sign of the Ship at Launch together with the Storehouse Granary and Warehouse theretofore converted into a Stable and Bath with the Quay rights to the same belonging which said Premises are situate lying and being at Wivenhoe in the County of Essex and formerly were in the several tenures or occupation of Abraham Rayner and Thomas Tunmer Surgeon late of William Baxter and now in the tenure or occupation of the said Samuel Wade [insert – his assigns or undertenants] And all Outhouses Edifices buildings yards Warehouses ways paths passages rights waters watercourses advantages and emoluments whatsoever to the said Messuage Tenements and hereditaments respectively belonging or in anywise appertaining And the reversion and reversions remainder and remainders yearly and other rents and profits And all the Estate right title interest use trust inheritance term and terms for years and for life or lives property possession benefit and equity of redemption claim and demand whatsoever or howsoever of the said Samuel Wade and John Church respectively of in to out of and upon the same hereditaments and premises their appurtenances And all such Deeds evidences writings and muniments of title whatsoever relating to or in anywise concerning the same hereditaments and premises or any of them either alone or jointly with other property by the said Samuel Wade and John Church respectively or they can or may procure or obtain without suit or Law or in To have and to hold the said Messuage Tenement hereditaments and Premises hereby released or otherewise assured or intended so to be and every part and parcel of the same and their appurtenances unto and to the use of the said William Mayhew his heirs and assigns for ever subject nevertheless to the Proviso for redemption and upon the trusts hereinafter contained and declared concerning the same (that is to say) Provided always and it is hereby declared and agreed That if the said Samuel Wade his heirs executors administrators or assigns do truly pay or cause to be paid unto the said William Mayhew his Executors Administrators or assigns at or in his new dwelling house the full sum of Five hundred pounds on this security do half yearly on the thirtieth day of November and thirtieth day of May in each and every year truly pay or cause to be paid to the said William Mayhew his Executors Administrators or Assigns in the same place interest for the same sum of Five hundred pounds at the rate of five pounds for every one hundred pounds for a year And do and shall make all the said payments of principal money and interest without any deduction or abatement whatsoever then and in that case and immediately after such payments the said William Mayhew his heirs executors administrators or assigns shall reconvey the said hereditaments and Premises unto and to the use of the said Samuel Wade his heirs and assigns for ever or as he or they may direct or appoint yet so as every such Conveyance or Assurance shall bear the costs and charges of the said Samuel Wade his heirs executors administrators or assigns and that for making the same the said William Mayhew his heirs executors administrators or assigns shall not be required to travel from his or their residence or abode Provided Also and it is hereby further declared and agreed that in case the said Samuel Wade his heirs executors administrators or assigns shall make default in payment of the said principle sum of Five hundred pounds or any part thereof or the interest of the same or in any part thereof for two Calendar months next after either of the days hereinbefore appointed for payment of the same respectively Then and in such case the said William Mayhew his heirs and assigns shall stand seized of the said Messuage Tenement hereditaments and Premises upon the trusts hereinafter expressed (that is to say) Upon Trust that the said William Mayhew his heirs or assigns do at any time or times thereafter of his or their authority without any further consent or concurrency the said Samuel Wade his heirs and assigns and notwithstanding the heirs and assigns of the said Samuel Wade shall be under age or any other disability sell and absolutely dispose of the said Messuage Tenement Hereditaments and Premises or any part or parts either in one Lot or by parcels or in several Lots and either by Public Auction or private Contract or partly in each such mode and with full power for the said William Mayhew his heirs Executors Administrators and Assigns to buy in or rescind the contract or Contracts for sale of all or any of the said Hereditaments and Premises and resell the same in or by all or any of the modes and means aforesaid without being answerable for any loss or expense to occasioned thereby And Upon further trust that the said William Mayhew his heirs and assigns do convey and assure the hereditaments so to be sold unto the purchaser or purchasers thereof and his or her or their heirs or assigns or such manner as may be lawfully and reasonably appointed or required And Upon further trust that said William Mayhew his heirs executors administrators and assigns do and shall by and out of the clear nets and profits if any of the said Hereditaments and Premises which shall be received by him and them and also the money which shall arise from such sale or sales respectively in the first place deduct and retain for himself and themselves the costs charged and expenses of and attending the said sale or sales and the money which he and they respectively shall disburse for the Taxes or Assessments of or upon the same Premises or in or about insuring the same Premises against loss or damage from fire to any amount not exceeding Five hundred pounds in case of default under the Covenant of the said Samuel Wade in such behalf hereinafter contained or in or about any suit or suits at law or in Equity for obtaining or retaining the possession of the said Premises or any of them or carrying the Trusts hereby created into execution or enforcing the performance of any Contract or Contracts for sale of the said Premises or any of them And in the next place do and shall retain unto and for himself and themselves the principal sum of Five hundred pounds and all interest as aforesaid then due thereon without any deduction or abatement whatsoever And upon further trust that the said William Mayhew his heirs Executors Administrators or Assigns after raising paying and retaining under the trusts aforesaid or receiving from the said Samuel Wade his heirs Executors Administrators or Assigns the said principal sum of Five hundred pounds Interest Costs Charges and Expences (sic) aforesaid and or such of them as may be due and owing to and shall pay the residue and overplus (if any) of the money to arise under the trusts aforesaid which shall remain in his or their hands unapplied to any of the purposes aforesaid in case such sale or sales shall be made in the lifetime of the said Samuel Wade his Assigns unto the said Samuel Wade his Executors Admnistrators or assigns but in case such Contract for sale or sale shall be made after the decease of the said Samuel Wade or his Assigns then unto the Heirs Devisees or Assigns of the said Samuel Wade and do and shall convey and assure unto the said Samuel Wade his heirs or assigns such and so many of the same hereditaments and Premises as shall then remain unsold And it is hereby also also declared and agreed that the person or persons who shall pay the purchase money for the said hereditaments and Premises or any part thereof to the said William Mayhew his heirs Executors Administrators or Assigns shall not be obliged to see the application of the same Money or any part thereof or be answerable for the misapplication or non application thereof or be required to see that any such previous notice of Sale as hereinafter mentioned hath been given to the said Samuel Wade his heirs Executors Administrators or assigns or be affected with express knowledge that no such notice hath been given or be obliged to enquire whether any such Sale be necessary for the purposes hereinafter expressed or whether any money be owing on this Security and that every receipt which shall be given by the said William Mayhew his Heirs Executors Administrators or Assigns shall be a good and sufficient discharge for the money which shall be therein expressed or acknowledged to have been received And that every Sale and Conveyance which shall be made and contract for sale which shall be entered into by the said William Mayhew his Heirs Executors Administrators Assgins shall be binding and conclusive on the said Samuel Wade his Heirs Executors and Administrators or Assigns to all intents and purposes whatsoever And it is hereby declared and agreed that no Sale or notice of such Sale of the said Hereditaments and Premises or any part of the same shall or may be made or given by the said William Mayhew his heirs Executors Administrators or Assigns before and until such time as they shall have given to the said Samuel Wade his Heirs Executors Administrators or Assigns or have left at the last or next usual place of his or their residence or abode in England one Calendar months notice in writing demanding the payment of the money which at the end of that term shall on the security of these presents be due to the to the said William Mayhew his Executors Administrators or Assigns and the said Samuel Wade shall have made default or payment of the same principal monies and interest at the end of one Calendar month to be comprised from the time of the deliver or service of such notices as aforesaid And the said Samuel Wade doth hereby for himself his heirs Executors and Administrators Covenant with the said William Mayhew his Heirs Executors Administrators and Assigns in manner following (that is to say) That the said Samuel Wade his heirs Executors Administrators and Assigns shall and will truly pay or cause to be paid unto the said William Mayhew his Executors Administrators or Assigns the said principal sum of Five hundred pounds and interest thereof at the said aforesaid at the times and place hereinbefore appointed for payment thereof without any deduction or abatement whatsoever and according to the true intent and meaning of these presents And Also that they the said Samuel Wade and John Church or one of them now have in themselves or hath in himself good right or full power and lawful and absolute authority by these presents to grant release and confirm the said Messuage Tenements and Hereditaments hereby released or intended so to be and the appurtenances unto and to the use of the said William Mayhew his heirs and assigns upon the trusts herein before declared concerning the same according to the intent and meaning of these presents And also that after default shall have been made in payment of the said sum of Five hundred pounds or the interest thereof according to the true intent and meaning of these presents and thenceforth at all times for ever thereafter it shall be lawful for the said William Mayhew his heirs and assigns to enter into and upon have hold use occupy possess and enjoy the said Messuage Tenement and Hereditaments hereby released or intended so to be and the appurtenances and to receive and take the rents and profits thereof and of every part thereof without any lawful let suit trouble eviction expulsion interruption hindrance or denial whatsoever of from or by the said Samuel Wade or John Church or any other person whomsoever and free and clear and freely and clearly and absolutely acquitted exonerated released and discharged or otherwise by the said Samuel Wade his heirs Executors Administrators or Assigns at his and their own costs and charges well and sufficiently save harmless (?) and keep indemnified of from and against all former gifts grants Mortgages sales jointures dower rights and letter of dower uses trusts wills intails (sic) annuities legacies rents estates titles liens charges and incumbrances (sic) whatsoever And also that the said Samuel Wade his Heirs Executors Administrators or Assigns forthwith and henceforth during the continuance of the said sum of Five hundred pounds or any part thereof on this security shall and will at his and their own costs and charges insure and keep insured from loss or damage by fire the said Mortgaged Premise in the joint names of them the said Samuel Wade and William Mayhew in no less a sum than Five hundred pounds in the Equitable Fire Insurance Office and such other Office as the said William Mayhew his Executors Administrators or Assigns shall direct And in default thereof shall and will pay unto the said William Mayhew his Executors Administrators or Assigns all such sums of money as he or they may expend for effecting or keeping on foot any such like Insurance with interest thereon at five per cent per annum And to the intent that all monies to be received on every or any such Insurance may be a fund for payment of the said principal money and interest and subject thereto may be in trust for the said Samuel Wade his heirs and assigns And moreover that the said Samuel Wade and John Church respectively and their respective heirs and all persons whosoever lawfully or equitably and rightfully claiming or to claim any Estate right title trust charge or interest at Law or Equity of into out of or upon the said Messuage Tenement and Hereditaments hereby released or intended so to be or any part thereof shall and will at all times hereafter upon every reasonable request at the said William Mayhew his Heirs Executors Administrators or Assigns and until the said sum of Five hundred pounds and all interest thereof shall be paid and satisfied and afterwards at the costs and charages of the Purchaser or Purchasers of the said Mortgaged Premises his or their heirs or Assigns make further and other lawful and reasonable acts deeds devices conveyances and assurances whatsoever for further better more perfectly lawfully and absolutely granting releasing confirming or otherwise assuring the said the said Messuage Tenement and Hereditaments hereby released or intended so to be and every part thereof with the appurtenances for ever subject nevertheless to such power right benefit and equity redemption and upon such of the trusts aforesaid as shall be subsisting in and of the said Premises by virtue of and according to the true intent and meaning of these presents as by the said William Mayhew his heirs or Assigns or his or their Counsel of Law shall be reasonably devised or advised and required Provided always and it is hereby declared and agreed that notwithstanding the trusts for or powers of Sale the said Mortgaged Premises hereinafter contained it shall be lawful for the said William Mayhew his heirs Executors Administrators and Assigns to use exercise or resort to his or their powers rights and remedies as a Mortgagee or Mortgagees whether by way of foreclosure or otherwise Provided also and it is hereby further declared and agreed that the said William Mayhew his heirs Executors Administrators or Assigns shall not be answerable or accountable under or by means of the trusts and provisions aforesaid for any other monies than he or they shall actually receive or for any misfortune life accident in of or to the said Trust Premises and monies other than by in or through his or their own wilful act or default

In Witness whereof the said Parties to these presents have hereunto set their hands and seals the day and year first above written

Samuel Wade   John Church  William Mayhew

Received on the day of the date of the
Within written Indenture of and from
The within named William Mayhew the
Sum of Five hundred pounds being the
Full consideration and money within
Named to be paid by him to the said Samuel Wade

Signed sealed and delivered being first duly stamped in the presence of

Witness

John Mayhew, Sol. Coggeshall
Mr Henry Church, Sol. Colchester

Transcribed 21 May 2011 by Pat Marsden
[Every effort has been made to ensure accuracy although there are occasionally words that are difficult to read]