Yeovil's Virtual Museum

1790 Indenture - Sale of land known as 'The Chantry'

Between Thomas Genge of Yeovil and John Harcourt & Thomas Gould

 

This long, and somewhat complex, document in my collection is for a small quarter of an acre piece of land with an old stable known by the name of the Chantry. It was bounded on the south by Vicarage Street and on the north by the back of the Woborn Almshouse in Rackleford (today's Market Street).

In medieval times the Chantry of the Blessed Virgin Mary Without the Church was supposedly built in Vicarage Street but, until now, its location had been lost for generations. It is most likely that the original chantry building of the Middle Ages had long gone by the time of the 1790 Indenture, but its name remained - and it is now possible to pinpoint its location.

 

 

Edward Bullock Watts' 1806 map of Yeovil showing the junction of Sheep Lane / Court Ash / Reckleford / Silver Street (today's North Lane / Court Ash / Market Street / Silver Street). At centre, is the original Pall Tavern (before it was rebuilt in 1836) with a narrow alley running alongside leading to the original (and slightly bent on plan) Woborn Almshouse that also faces Miller's Well at its northern end.

The indenture describes the land in question as "a quarter of an acre (more or less) with an Old Stable thereon situate within the Borough of Yeovil aforesaid called or known by the name of the Chantry bounded on the South by a street called Vicarage Street and on the North by the back of the Almshouse."

This describes the area entered from above the "ag" of Vicarage on the map. The grey building would be the 'old stable' (dwellings were shown in red) and this does back onto the rear of the Woborn Almshouse. By the time of Watts' map, above, the original building of the Chantry of the Blessed Virgin Mary Without the Church had long since disappeared from this location and had moved to the building we know today as the Chantry in Church Path.

 

 

This Indenture Tripartite made the Twenty Ninth day of September in the thirtieth year of the Reign of our Sovereign Lord George the Third by the Grace of God of England France and Ireland King Defender of the Faith and so forth and in the Year of our Lord One Thousand seven Hundred and Ninety Between John Harcourt of Hanover Street in the County of Middlesex and Thomas Gould of the Temple London Esquires of the first part Thomas Genge of Yeovil in the County of Somerset Glover of the second part and Philip Francis of Yeovil aforesaid Gentleman of the third part Whereas Henry Halsey of [Barry ?] Park in the County of Surrey Esquire by Indentures of Lease and Release bearing Date on or about the Twentieth and Twenty first days of this instant September did grant and convey unto the said John Harcourt and Thomas Gould and their Heirs (amongst other Lands) the premises herein after particularly mentioned Witnesseth now this Indenture that for and in consideration of the sum of Thirty one pounds and Ten shillings of good and lawful Money of Great Britain by the said Thomas Genge And also of five shillings by the said Philip Francis to the said John Harcourt and Thomas Gould at or before the ensealing and delivery hereof well and truly paid the Receipt whereof is hereby acknowledged They the said John Harcourt and Thomas Gould have and each of them hath granted bargained sold enfeoffed released and confirmed and by these presents Do and each of them Doth (at the nomination and by the direction and appointment of the said Thomas Genge testified by his being made and executing these presents) grant bargain sell enfeoff release and confirm unto the said Philip Francis and his Heirs All that piece of Ground containing by estimation a quarter of an acre (more or less) with an Old Stable thereon situate within the Borough of Yeovil aforesaid called or known by the name of the Chantry bounded on the South by a street called Vicarage Street and on the North by the back of the Almshouse in the said Borough in the Occupation of Mr Joseph Vining as Tenant thereof Which said premises were late part of the Estate of Maria Perry Widow to which she became entitled under and by virtue of the Wills of John Lockyer formerly of Ilchester in the said County of Somerset Gentleman and of Joseph Tolson Lockyer her former Husband and lately recovered by Judgments in [Ejectments ?] and which were (amongst other Lands and Hereditaments) conveyed to her the said Maria Perry to the said Henry Halsey his Heirs and Assigns by Indentures of Lease and Release bearing the date the Twenty third and Twenty fourth days of April now last past together with all ways paths passages Waters Watercourses Easements profits Commodities and Appurtenances whatsoever to the said premises belonging or in anywise appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and profits of the said premises and of every part thereof and all the Estate Right Title Interest property claim and Demand whatsoever both at Law and in Equity of them the said John Harcourt and Thomas Gould and each of them in to and out of the same To have and to hold the said premises hereby granted and enfeoffed or intended so to be and every part thereof with the appurtenances unto the said Philip Francis his Heirs and Assigns to the use of him the said Philip Francis his Heirs and Assigns for ever In Trust for the said Thomas Genge his Heirs and Assigns for ever And the said John Harcourt and Thomas Gould do hereby for themselves and each of them their and each of their Heirs Executors Administrators Covenant promise and agree to and with the said Thomas Genge his Heirs and Assigns in manner following that is to say That for and not withstanding any act matter or thing whatsoever made committed or willingly or wilfully suffered by the said John Harcourt and Thomas Gould or by the said Maria Perry or Henry Halsey or either of them to the contrary They the said John Harcourt and Thomas Gould now are lawfully and rightfully [seized ?] of and intitled into a [word illegible] and indefeasible estate of [Inheritance?] in Fee simple of and in the said premises hereby granted and enfeoffed with the appurtenances and receive and have in themselves good right and lawful power and authority to grant and convey the same unto the said Philip Francis his Heirs and Assigns And also that it shall and may be lawful to and for the said Thomas Genge his Heirs and Assigns immediately to enter into and from henceforth for ever [several words illegible] thereof with the appurtenances and receive and take the Rents Issues and profits thereof to his and their own use without the Let eviction disturbance [word illegible] of or by them the said John Harcourt and Thomas Gould or the said Maria Perry or Henry Halsey or either of them And that free and clear and freely and clearly acquitted and discharged or otherwise well and sufficiently saved and kept [word illegible] and indemnified by them the said John Harcourt and Thomas Gould and each of them and and each of their Heirs Executors and Administrators of from and against all forms and other Estates Titles Charges and Incumbrances whatsoever made committed or willingly or willfully suffered by them the said John Harcourt and Thomas Gould or by the said Maria Perry or Henry Halsey or either of them And further that they said John Harcourt and Thomas Gould and each of them and each of their Heirs and all and every other person or persons having or lawfully claiming or to claim any estate right Title or Interest of in to or out of the said premises hereby granted and enfeoffed by from or under them the said John Harcourt and Thomas Gould Maria Perry or Henry Halsey or either of them shall and will from time to time and at all times hereafter upon the request and at the Costs and charges of the said Thomas Genge his Heirs or Assigns make do and ensure or cause to be made done and executed all and every such further and other lawful Reasonable acts and things Conveyances and [word illegible] in the Law whatsoever for the better and more perfect granting the said premises hereby granted and enfeoffed with the appurtenances unto the said Philip Francis in manner and form aforesaid as by the said Thomas Genge his Heirs or Assigns or his or their [word illegible] in the law shall be [word illegible] devised advised or required so as such further [word illegible] contain in their no further Warranty against the person or persons his or their Heirs who shall make the same And Whereas the said [word illegible] Indentures of the Twenty third and Twenty fourth April [three whole lines illegible] both for himself his Heirs Executors and Administrators covenant promise and agree to and with the said Thomas Genge his Heirs and Assigns that he the said Thomas Gould his Heirs Executors and Administrators or some or one of them shall and will at any time or times hereafter on the reasonable request and at the Costs and Charges of the said Thomas Genge his Heirs or Assigns or any or either of them [line illegible] or accident produce and hence forth or cause to be produced and hence forth unto him the said Thomas Genge his Heirs of Assigns or any or other of them or to his or their Council attorney or agent or at any time [word illegible] in any Court of Law or Equity or otherwise as occasion shall require the above recited Indentures and each of them for the maintaining or [widening?] the Title of him the said Thomas Genge his Heirs or Assigns or any or either of them in and to the said premises hereby granted and enfeoffed or intended so to be And lastly the said John Harcourt and Thomas Gould do and each of them doth nominate and constitute and appoint George Tuson of Ilchester aforesaid Gentleman and John Ware of Yeovil aforesaid - [a short space] - their and each of their true and lawful [word illegible] jointly and severally for them and in their names peaceably and quietly to enter into the said premises hereby granted and enfeoffed or intended so to be and full and quiet possession and [word illegible] thereof to take and thereupon quiet possession and [several words illegible] to the said Philip Francis or the certain attorney in that behalf according to the tenor and effect of these presents [three words illegible] whatsoever the said George Tuson and John Ware jointly or severally in their names by virtue hereof lawfully do in the said premises In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written
John Harcourt           Thos Gould                      Thomas Genge

 

Transcribed by Bob Osborn