Yeovil's Virtual Museum

1843 Indenture of SECURITY

For £2,185 7s 7d

 

This is an indenture of security from my collection, dated 3 May 1843 and made between John Batten (probably the Younger) of the first part and Francis Theophilus Robins (seen at left) of the second part for a loan of £2,185 7s 7d (around £230,000 at today's value) made in connection with Robins' premises in Rackleford (today's Market Street) - see map below.

This follows an indenture or lease for one year from my collection, dated 1 May 1843 between the same parties for the same property.

Although incredibly complex and long-winded, this document gives a very good account of the properties held by Robins in Walcot, Bath, Somerset, that were offered as collateral. Further, this document names Florence as the wife of the Reverend Thomas Robins, rather than Francis' mother who is known to have been Marianne née Camplin (1751-1828). Therefore, although I could find no record of a marriage between Thomas and Florence, it must have been after 1828.

SHEET 1

This Indenture made the third day of May one thousand eight hundred and forty three Between Francis Theophilus Robins of Yeovil in the County of Somerset Gentleman and Elizabeth his wife of the one part and John Batten of Yeovil aforesaid Esquire of the other part Whereas by Indentures of Lease and Release dated respectively the first and second days of May one thousand eight hundred and forty three the latter made between the said John Batten of the first part the said Francis Theophilus Robins of the second part and George Robins of the third part for the considerations therein expressed the hereditaments firstly hereinafter described with their appurtenances have been conveyed and assured and now stand limited To such uses upon and for such trusts intents and purposes and with under and subject to such powers provisoes declarations and agreements as the said Francis Theophilus Robins by any deed or deeds instrument or instruments in writing with or without power of revocation and new appointment to be by him legally executed from time to time or at any time shall appoint And in default of such appointment To the use of the said Francis Theophilus Robins and his assigns during his life without impeachment of waste with remainder to the use of the said George Robins his executors and administrators during the life of the said Francis Theophilus Robins In trust nevertheless for the said Francis Theophilus Robins and his assigns with remainder To the use of the heirs and assigns of the said Francis Theophilus Robins for ever And whereas under and by virtue of the last Will and Testament of George Proctor Upton late of Yeovil aforesaid Gentleman deceased (the father of the said Elizabeth Robins) bearing date the eighteenth day of October One thousand eight hundred and eighteen and proved in the Archideaconal Court of Wills on the tenth day of July one thousand eight hundred and twenty seven The said Francis Theophilus Robins and Elizabeth his Wife now are in her right or one of them now is beneficially entitled in fee simple to an undivided moiety or half part of and in the hereditaments secondly hereinafter described with their appurtenances Subject to the life estate of the said Testator's Widow Eleanor Upton therein And whereas under and by virtue of the last Will and Testament of Florence Robins late of the City of Bristol Widow deceased bearing date the fourteenth day of May one thousand seven hundred and ninety six and proved in the Prerogative Court of Canterbury on the twenty fourth day of November in the same year the said Francis Theophilus Robins is beneficially entitled for the term of his natural life for certain closes pieces and parcels of land situate in the Parish of Walcot in the said County of Somerset and to divers fee farm and other rents issuing out of certain other hereditaments in Walcot aforesaid All which said last mentioned hereditaments are hereinafter more particularly described (subject to an Annuity of six Guineas payable to Elizabeth Trewin Widow formerly Elizabeth Hannay Spinster) And whereas the said Francis Theophilus Robins is and stands justly and truly indebted unto the said John Batten in the sum of Eight hundred and two pounds seven shillings and five pence for the balance of his Banking Account with the said John Batten as the said Francis Theophilus Robins hereby acknowledges And in the sum of One thousand one hundred and twenty seven pounds seventeen shillings and one penny being the amount of the purchase money and interest for the hereditaments and premises firstly hereinafter described as the said Francis Theophilus Robins hereby also acknowledges and in the sum of Two hundred and fifty five pounds three shillings and one penny for principal and interest due on his the said Francis Theophilus Robins Promissary Note to Edmund Batten Esquire deceased to which said sum And said John Batten is now entitled as Executor of the said Edmund Batten which the said Francis Theophilus Robins hereby also acknowledges And whereas the said Francis Theophilus Robins and Elizabeth his Wife have at the request of the said John Batten agreed to secure the repayment of the said several sums of Eight hundred and two pounds seven shillings and five pence, One thousand one hundred and twenty seven pounds seventeen shillings and one penny and Two hundred and fifty five pounds three shillings and one penny making together the sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence in the manner hereinafter expressed Now this Indenture witnesseth that in pursuance of the said Agreement and for the better securing the payment of the sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence so due and owing as aforesaid and the interest thereof and in consideration of ten shillings now paid by the said John Batten to the said Francis Theophilus Robins the receipt whereof is hereby acknowledged He the said Francis Theophilus Robins in execution of the aforesaid power given to him by the said recited Indenture of Release and of every other power enabling him in this behalf Doth absolutely and irrevocably appoint that All and singular the hereditaments comprised in the said recited Indentures and firstly hereinafter described with their appurtenances shall from henceforth remain and be To the use of the said John Batten his heirs and assigns for ever (Subject nevertheless to the proviso for redemption and other powers and provisos hereinafter contained And this Indenture now witnesseth that in further pursuance of the said Agreement and for the bet[t]er securing the repayment of the said sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence and interest and in consideration of ten shillings now paid by the said John Batten to the said Francis Theophilus Robins the receipt whereof is hereby acknowledged He the said Francis Theophilus Robins Doth by these presents (made in pursuance of the Act for rendering a Release as effectual for the Co[n]veyance of Freehold Estates as a Lease and Release by the same parties) grant bargain sell alien release and confirm unto the said John Batten his heirs and assigns Firstly All that Messuage or Dwellinghouse with the outhouses buildings offices yards stables gardens and appurtenances thereto adjoining and belonging situate lying and being in Rackleford in the parish of Yeovil aforesaid containing in front from east to west fifty one feet bounded on the north by the said Street called Rackleford on the south by a garden belonging to the late John Greenham on the east by a Dwellinghouse and Garden of the said Eleanor Upton hereinafter described and on the west by a Dwellinghouse late in the possession of Mrs Hilborne all which said premises are now in the occupation of the said Francis Theophilus Robins Together with all houses outhouses edifices buildings yards courts gardens and stables thereto belonging or in anywise appertaining And all the estate right title interest trust property claim and demand whatsoever of the said Francis Theophilus Robins therein or thereto To have and to hold the said Messuage or Dwellinghouse Hereditaments and Premises hereinbefore described

 

SHEET 2

With their appurtenances unto and to the only proper use of the said John Batten his heirs and assigns for ever (Subject nevertheless to the proviso for redemption and other powers and provisoes hereinafter contained And this Indenture also witnesseth that in further pursuance of the said Agreement and better securing the repayment of the said sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence and Interest They the said Francis Theophilus Robins and Elizabeth his Wife Do and each of them Doth by these presents (which are made in pursuance of the said Act) grant bargain sell alien release and confirm unto the said John Batten and his heirs All that undivided Moiety or half part and all other the parts shares and Interest of them the said Francis Theophilus Robins and Elizabeth his Wife and of each of them of and in the Messuages Lands and Hereditaments following (that is to say) Secondly All that Messuage or Dwellinghouse with the Garden Orchard and appurtenances containing by estimation one acre two roods more or less situate in Rackleford aforesaid and now in the occupation of the said Eleanor Upton Also all that Cottage or Dwellinghouse now divided into two Tenements with the Garden and appurtenances thereto belonging situate in Rackleford aforesaid opposite to the said last mentioned dwellinghouse now or late in the occupation of Molly Hewlett and [space] Grove Also all that Cottage or Dwellinghouse in Park Street in Yeovil aforesaid now divided into two Tenements now or late in the occupation of George Wheadon and [space] Guppy Also all that close of Arable Land called Turners Barn situate on Hendford Hill within the said Parish of Yeovil containing by estimation six acres (more or less) now in the occupation of Edward [Reece?] And also all that close of Meadow or Pasture Land called New Mead containing by estimation five acres more or less situate in Horseys Lane in the said Parish of Yeovil now in the occupation of William [Much?] Also all that [word illegible] called Middle Lane Orchard containing by estimation two acres more or less situate on the Road leading from Yeovil to Ilchester in the Parish of Yeovil aforesaid now in the occupation of Benjamin Watts And also all that Orchard called Pain Orchard containing by estimation two acres more or less situate in Hendford the said Parish of Yeovil now in the occupation of James Pickford Also all those four pieces or parcels of arable land in Northover Common Field in the said Parish of Yeovil containing by estimation nine acres two roods now in the occupation of John Brook All which said Hereditaments and Premises are now in the possession of of the said Eleanor Upton as Tenant for life under the Will of the said George Proctor Upton or her tenant or tenants Together with all houses outhouses edifices buildings ways paths passages easements priviledges commodities and advantages whatsoever to the said Messuage or Dwellinghouse Closes pieces or parcels of Land Hereditaments and Premises secondly hereinbefore described belonging or in anywise appertaining And all the Estate right title use trust property claim and declared of the said Francis Theophilus Robins and Elizabeth his Wife and each of them therein or thereto To have and to hold the said Undivided Moiety and all other the parts shares and interest of the said Francis Theophilus Robins and Elizabeth his Wife and of each of them of and in the said Hereditaments and Premises secondly hereinbefore described with their appurtenances Unto and to the only proper use of the said John Batten his heirs and assigns for ever Subject nevertheless to the said life Estate or Interest of the said Eleanor Upton therein and subject also to the proviso for redemption and other powers and provisoes hereinafter contained And this Indenture further witnesseth that in further pursuance of the said Agreement and for the better securing the repayment of the said sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence and interest He the said Francis Theophilus Robins Doth by these presents grant bargain sell assign unto the said John Batten his heirs and assigns Thirdly All that Close of Pasture Land called High Mear containing by estimation three acres (more or less) in the occupation of John Rhymes Also all that Close of Pasture Ground formerly two Closes called Raglands containing by estimation four acres two roods (more or less) also in the occupation of John Rhymes Also a Close of Meadow or Pasture Ground (formerly three Closes called Brookleaze containing by estimation five acres more or less in the occupation of Samuel Strong also a Close of Garden Ground called Longs Garden Ground containing by estimation one acre (more or less) now also in the occupation of the said Samuel Strong all which said Closes and Lands are situate in the Parish of Walcot in the County of Somerset Also all that clear yearly fee farm rent or sum of Twenty five pounds two shillings of lawful money of Great Britain for ever payable quarterly and issuing out of a certain part containing by admeasurement two acres and twenty two perches of a Close of Pasture ground called the Upper [word illegible] containing in the whole by estimation three acres (more or less) situate in the said Parish of Walcot and which said rent is secured by an Indenture dated the twenty fourth day of June one thousand seven hundred and eighty nine and made between the Reverend Thomas Robins and the said Florence Robins his Wife of the first part Thomas Harford of the second part Thomas King and Charles [Harled?] of the third part and Richard Hewlett of the fourth part Also all that other yearly fee farm rent or sum of Forty two pounds of like lawful money forever payable quarterly and Issuing out of a Close of Pasture Ground called the Lower [word illegible] containing by estimation three acres (more or less) situate in or near the Lane called [Tyneing?] Lane in the said Parish of Walcot and which said last mentioned rent is secured by an Indenture dated the said twenty fourth day of June one thousand seven hundred and eighty nine and made between the Reverend Thomas Robins and the Florence his Wife of the first part the said Thomas Harford of the second part Isaac Bennett Robert Moxham and Samuel Nichols of the third part and Isaac Tilley of the fourth part Also all that other yearly fee farm Rent or sum of Twelve pounds eleven shillings of like lawful money for ever payable and issuing out of the remainder of the said Close called Upper [word illegible] containing by estimation three acres and thirty six perches (more or less) and out of a certain portion of a Close of Ground adjoining thereto called the Hatchett Ground containing three roods and twenty six perches (more or less) and which said last mentioned rent is secured by an Indenture dated the said twenty fourth day of June one thousand seven hundred and eighty nine

 

SHEET 3

And made between the said Thomas Robins and the Florence his Wife of the first part the said Thomas Harford of the second part the said Isaac Bennett Robert Moxham and Samuel Nichols of the third part and the said Isaac Tilley of the fourth part And also all that annual sum or yearly ground rent of Three pounds issuing out of three pieces or parcels of ground situate in Mudcombe Lane in Walcot aforesaid secured by an Indenture dated the twenty first day of April one thousand eight hundred and thirteen and made between the said Francis Theophilus Robins of the one part and James Edes of the other part And also all that other annual sum or ground rent of five pounds issuing out of a certain Close called the Handle of the Hatchen secured by an Indenture dated the first day of July one thousand eight hundred and nineteen and made between the said Francis Theophilus Robins of the one part and Mary Bennett of the other part All which said lands hereditaments and premises thirdly herein before described are situate lying and being in Walcot aforesaid And all other the lands fee farm and other rents and promises thirdly hereinbefore described belonging or in anywise appertaining And all the estate right title and interest of the said Francis Theophilus Robins therein and thereto To have and to hold the said hereditaments farm and other rents and promises thirdly above described with the appurtenances unto the John Batten his heirs and assigns for and during the natural life of the said Francis Theophilus Robins and for all other the estate and interest of the said Francis Theophilus Robins therein respectively Subject nevertheless to the proviso for redemption and other powers and provisoes hereinafter contained (that is to say) Provided always and it is hereby declared and agreed by and between the said parties to these presents that if the said Francis Theophilus Robins his heirs executors administrators or assigns shall pay or cause to be paid unto the said John Batten his executors administrators or assigns the sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence of lawful British money on the third day of November next with Interest for the same after the rate of five pounds per centum per annum without making any deduction or abatement whatsoever then immediately after such payment shall be made as aforesaid the said John Batten his executors administrators or assigns respectively will or shall at the request and at the costs and charges of the said Francis Theophilus Robins his heirs or assigns reconvey and reassign the said hereditaments fee farm and other rents and premises hereby respectively appointed released and assigned  or otherwise assured or intended so to be with their appurtenances unto the said Francis Theophilus Robins and Elizabeth his Wife and their respective heirs or assigns according to their respective rights and interests or as they shall respectively direct Provided also and it is hereby further declared and agreed by and between the said parties to these presents that in case default shall be made in payment of the said sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence or the interest thereof or any part thereof at the time and in manner aforesaid and the said John Batten his executors administrators or assigns shall give to the said Francis Theophilus Robins his heirs executors administrators or assigns or leave at his or their or any of their usual or last known place or places of abode in England notice in writing of an intention to exercise this power of Sale Then unless all principal money and interest due on this security and all costs occasioned by the nonpayment thereof shall be fully paid and satisfied at the expiration of three calendar months next after the giving or leaving such notice as aforesaid it shall be lawful for the said John Batten his heirs executors administrators and assigns at any time or times thereafter without the necessity of any consent or concurrence on the part of said Francis Theophilus Robins and Elizabeth his Wife or either of them their or either of their heirs or assigns to sell all and singular the said hereditaments fee farm and other rents and premises or any part thereof hereby respectively appointed released and assigned together or in parcels and either by public auction or Private Contract and under such special and other conditions or stipulations relating to the title or otherwise and generally in such manner as shall appear expedient with full power at any auction to buy in the same premises or any part thereof and the same to resell in manner aforesaid without being answerable for any loss or diminution in price and to make enter into and execute such contracts conveyances and assurances as may be requisite for carrying such sale or sales into effect and to receive the money to arise from such sale or sales and out of the same money in the first place to pay or retain and satisfy unto himself the said John Batten the said sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence together with all then due for the same or or such part thereof as shall then remain unpaid and in the next place to pay and discharge all costs charges and expences occasioned by the nonpayment thereof and the surplus if any of the money so to arise as aforesaid shall be paid to the said Francis Theophilus Robins his executors administrators or assigns Provided also and it is hereby further declared that it shall be lawful for the said John Batten his heirs and assigns to [word illegible] with the other person or persons entitled to the other undivided moiety and share of the said hereditaments hereinbefore secondly described in making a partition thereof or otherwise in his of their discretion to proceed according to Law to enforce such partition and to pay or receive any money for equality of partition and to make and execute all necessary and proper conveyances  and assurances And it is hereby declared that all and singular the messuages lands and hereditaments which shall be granted to the said John Batten his heirs and assigns severalty by virtue of the foregoing power for partition shall be and remain a security for him or them for the payment of the principal money and interest for the time being due by virtue of these presents in like manner and subject to the like powers and provisions as the hereditaments and premises hereby assured including any sum to be paid by him or them for equality of partition as aforesaid together with Interest thereon after the sale aforesaid so nevertheless that the principal money to be ultimately recoverable under

 

SHEET 4

This security shall not exceed the sum of Three Thousand pounds Provided nevertheless and it is hereby further declared and agreed that nothing herein contained shall extend to abridge prejudice or affect any of the rights or remedies of the said John Batten his heirs executors administrators or assigns as Mortgagee or Mortgagees under or by virtue of these presents but that he and they shall be at liberty to assert and enforce such rights and remedies or any of them by foreclosure or otherwise in the same or the like manner as a Mortgagee in ordinary cases And for the better enabling the said John Batten his executors administrators or assigns to receive and recover the said several fee farm and other rents hereinbefore mentioned and intended to be hereby assigned the said Francis Theophilus Robins Doth by these presents make constitute and appoint the said John Batten his heirs executors administrators and assigns to be the true and lawful Attorney and Attornies irrevocable of him the said Francis Theophilus Robins his executors or administrators in the name or names of the said Francis Theophilus Robins his executors or administrators to ask foir demand sue for recover and receive of and from the several persons liable to the payment thereof and whomsoever else it may concern the said several fee farms and other rents and every of them and on nonpayment thereof to enforce the payment thereof by distress entry or otherwise and to put in execution all the rights and remedies in the several Grants of the said rents reserved and contained for the recovery thereof and on payment thereof to sign and give good and sufficient releases and discharges for the said fee farm rents and every of them And for all or any of the purposes aforesaid to appoint a substitute or substitutes from time to time at pleasure to revoke and to do and execute all such other acts and things as may be requisite for deriving the full benefit of the Assignment hereby made he the said Francis Theophilus Robins for himself his executors or administrators hereby agreeing to ratify and confirm whatsoever the said Attorney or Attornies or his or their substitute or substitutes shall do or cause to be done in and about the premises And it is hereby declared and the said Francis Theophilus Robins and Elizabeth his Wife do and each of them doth hereby expressly direct and declare that every receipt which shall be given by the said John Batten his executors administrators or assigns or his or their Agent or Agents to any purchaser or purchasers under the Power of Sale hereinbefore contained for his her or their purchase money or to any person or persons for any rent or sums of money to be paid to the said John Batten his heirs executors administrators or assigns for equality of partition or otherwise by virtue of these presents shall exonerate such purchaser or purchasers and other person or persons paying such monies from all liability for or in respect of the application thereof not shall such purchaser or purchasers person or persons be obliged or concerned to acquire or take notice whether any sale or sales is or are necessary or proper for any of the purposes hereinbefore mentioned nor whether any such default has been made as aforesaid And the said Francis Theophilus Robins for himself his heirs executors and administrators hereby covenants and agreed with the said John Batten his heirs executors administrators or assigns that he the said Francis Theophilus Robins his heirs executors administrators or assigns will pay or cause to be paid unto the said John Batten his executors administrators or assigns the full sum of Two thousand one hundred and eighty five pounds seven shillings and seven pence with interest for the same after the rate of five pounds per centum per annum on the third day of November next without any deduction or abatement whatsoever according to the true intent and meaning of these presents And also that they the said Francis Theophilus Robins and Elizabeth his Wife now have in themselves or one of them has in himself or herself good right full power and lawful and absolute authority to appoint release assign or otherwise assure All and singular the said hereditaments rents and premises with their respective appurtenances unto the said John Batten his heirs executors administrators or assigns respectively in manner aforesaid and according to the intent and meaning of these presents And also that from and after default shall be made in payment of the said principal money and interest or any part thereof in the manner hereinbefore stipulated It shall be lawful for the said John Batten his heirs executors administrators or assigns respectively from time to time and at all times hereafter payable and quietly to enter into and upon and hold receive and enjoy All and singular the said hereditaments fee farm and other rents and premises hereinbefore respectively appointed released and assigned and every part thereof with their respective appurtenances and to take the rents issues and profits thereof without any eviction interruption or denial whatsoever from or by the said Francis Theophilus Robins and Elizabeth his Wife or either of them or any other person or persons whatsoever And that fee and clear and freely and clearly and absolutely exonerated and discharged or by the said Francis Theophilus Robins his heirs executors or administrators effectually saved harmless and kept indemnified from and against all former or other estates rights titles charges and incumbrances whatsoever (except as appears by these presents) And also that the said Francis Theophilus Robins and Elizabeth his Wife and each of them and every person having or rightfully claiming or to claim any estate right title or interest at Law or in Equity in to or out of the said hereditaments rents and premises or any part thereof shall upon every reasonable request of the said John Batten his heirs executors administrators or assigns but at the costs and charges of the said Francis Theophilus Robins his heirs or assigns until the said hereditaments rents and premises shall be sold under the Power of Sale or the Equity of Redemption thereof foreclosed and afterwards at the Costs and Charges of the said John Batten his heirs executors administrators or assigns respectively make do and execute every such act deed matter or thing for more effectually appointing granting releasing confirming assigning or otherwise assuring John Batten his heirs executors administrators or assigns respectively or as by him or them or his or their Counsel in the Law shall be reasonably advised and required In Witness whereof the said parties to these Presents have hereunto set their hands and seals the day and year first above written.

FT Robins     Elizabeth Robins

 

 

Transcribed by Bob Osborn

 

 

 

 

An extract of the 1842 Tithe map (by Edward Bullock Watts) showing George Proctor Upton's house, garden and orchard marked as Parcel 65 (although at this time occupied by his widow Eleanor) and his son-in-law Francis Robin's property (of this security) next door and marked as Parcel 64 in today's Market Street.