Part 365s – Smith Robertson Genealogy – Indenture Research – 1813 Richard Oliver Smith – Articles of Agreement - Marshalsea

19 September 2010

Evening,

My next Indenture in my Transcription Project in the search for the origins and ancestry of my ggg-grandfather James Smith is an Articles of Agreement and what appears to be a judgment of debt against Richard Oliver Smith. There is no mention or any hint of ggg-grandfather James but it is an amazing Document chock-full of names and information that could be a treasure trove to any genealogy-bitten researcher.

The two Smiths mentioned and made reference to in the Document are Richard Oliver Smith and his father, William Smith. There is a mention to Richard Oliver, without the surname Smith at the 15th line of the first page. There may be a connection to the said Richard Oliver Smith, but of course, I can't be sure. Check out the Richard Oliver Descendant Chart.

The information provided by this Indenture proffered me opportunity to follow up on a number of the persons indicated. And of course, I discovered considerable information. The question I ask, as I sort of cursed under my breath, why was I blessed with the most common name in the English language? Obviously my luck… and I wouldn’t trade, but… this research stuff would be so much more easy.

And as I was working on the transcription of this Document entered 28 April 1813 to the Grenada Registers of Records I realized that there is much more involved in the actions involved in the Indenture. It is certainly much more than meets the eye. You have to understand the way that I work transcribing a document. When I cannot immediately visualize a word I will take a near-enough rendition of the word and plug it into either Google or Bing and attempt a search. If that doesn’t work my next course of action is to create, that is, directly from the document, a phrase which includes the word in question and insert that phrase into a Google or Bing search engine. This works a good percentage of the time. There are at times similar or close to similar uses of the word and/or phrase that someone else has entered online.

One such word on Page 276 is “Marshalsea”. I did not know the word and I had never seen it before. Looking it up, Wikipedia provided a good summary. “The Marshalsea was a prison on the south bank of the River Thames in Southwark, now part of London... it housed men under court martial… and – most famously – London’s debtors…

As I progressed through the Indenture it reads that is may have been apparent that Richard Oliver Smith was in the Marshalsea or debtor’s prison. Richard Oliver Smith owed money and he was being held, and judged for his non-payment. I’m not sure of the outcome but written in the left-hand column on Page 276 is “Judgment Signed 11th February 1813… Mercy”. (The above inserted image is of a wall of the Marshalsea.)

Here are the images of the Pages 273 through and including 277 as downloaded from the FHL microfilm [1563379].


And my transcription –

(273)

Entered 28th April 1813
Articles of Agreement made and entered into this tenth day of
February in the Year of Our Lord One thousand eight hundred and thirteen Between
Richard Oliver Smith now or late of Brighthelmstone in the County of Su∫sex Esquire of the
one part and William Manning and John Procter Anderdon of the City of London Merchants
and Copartners of the other part Whereas by Indentures of Lease and Release bearing
date respectively on or about the twentieth and twenty first days of June One thousand
eight hundred and ten All that plantation or Estate called Revolution Hall Estate
situate lying and being in the parish of Saint John in the Island of Grenada late of or belonging
to William Smith deceased of and from Mi∫s Herbert and also all that Coffee Plantation and heredita
ments bought by the said William Smith of and from Madame Bertrand also situate
lying and being in the parish of Saint John in the Island of Grenada with the Negroes and
Slaves plantations Implements and Stock then belonging or thereafter to belong to the same
plantations and hereditaments were granted and conveyed by the said Richard
Oliver Smith and Harriet his Wife unto and to the use of Richard Oliver Esquire his heirs
executors administrators and a∫signs respectively for ever according to the nature and quality of
the same premises respectively by way of Mortgage for Securing unto the said Richard
Oliver his Executors administrators or a∫signs the payment of the Sum of Nine thousand
pounds with Interest thereon after the rate of five pounds per Centum per Annum
on or before the twenty fourth day of March One thousand eight hundred and eleven
And whereas the said principal Sum of Nine thousand pounds hath been
since reduced to the sum of eight thousand pounds only and all interest thereon hath
been duly paid up to the present time And whereas the said Richard Oliver
Smith is indebted to the said William Manning and John Proctor Anderdon in a
considerable Sum of Money and may probably still require from time further advances
And whereas the said Richard Oliver Smith hath executed a certain warrant
of Attorney bearing even date herewith thereby authorizing certain Attornies therein
named to confe∫s a Judgment in the Court of Kings Bench at Westminster against him
it the suit of the said William Manning and John Proctor Anderdon for the Sum of two
thousand pounds in order to Secure the payment of the said and probable advances
by Virtue of which Warrant of Attorney Judgment is intended forthwith to be entered
up of Record Now these present witne∫s and the said Richard
Oliver Smith in Consideration of the said debt so due from him to the said William
Manning and John Proctor Anderdon as aforesaid and for better Securing the Repayment
thereof and of Such other Sum or Sums of Money as shall or may by hereafter paid
Lent or advanced by them the said William Manning and John Proctor
Anderdon to or for the use of him the said Richard Oliver Smith with Interest thereon
respectively Doth hereby for himself his heirs executors and Administrators
covenant promise and agree to and with the said William Manning and John
Proctor Anderdon their executors administrators and a∫signs that he the said
Richard Oliver Smith shall and will whenever thereunto required at his own

Proper

(274)

Proper Costs and Charges make and execute unto the said William
Manning and John Proctor Anderdon their whirs executors administrators and A∫signs
a good and Sufficient Release and A∫signment or good and Sufficient Releases and
A∫signments in the Lay (by way of Mortgage) of All and Singular the same Estates
plantations lands Hereditaments and premises Me∫suages Outhouses Boiling houses
Edifices and Buildings Negroes Slaves Cattle and property Stock and Effects Mills
_____ Coppers and plantation Implements and Utensils and other Matters and
things as are comprised in the said hereinbefore in part recited Indenture of
Release of the twenty first day of June One thousand eight hundred and ten
for Securing unto the said William Manning and John Procter Anderdon their
Executors Administrators and a∫signs the Repayment of the said Sum of Money so
due to them as aforesaid on or before the first day of November now next ensuing
together with Interest thereon after the rate of five pounds per Centum per Annum
And also for securing the Repayment of all such other Sum and Sums of Money as the
said William Manning and John Procter Anderson their Executors administrators or
A∫signs or their house of Trade shall or may at any time or times hereafter pay lend do
advance to or by the order of for the use or on account of him the said Richard Oliver
Smith (not exceeding in the whole the Sum of two thousand pounds) with Interest
for the same after the rate aforesaid to be computed from the respective times of the
payments or advance thereof respectively such further Sum or Sums of Money and
Interest to be repaid within the space of three Calendar Months next after the
same shall be respectively paid lent or advanced And it is hereby declared and
agreed between and by all the said parties hereto that the intended Mortgage shall be
Subject to the said recited Mortgage of the twenty first day of June One thousand eight
hundred and ten and also the same shall contain such or the like Covenants clauses
provisos and agreements as are usually inserted in Deeds of the like Nature And
the said Richard Oliver Smith doth hereby expre∫sly charge and make liable the
aforesaid Estates plantations hereditaments and premises Negroes Slaves Cattle
and other property and effects and every of them and every part thereof (Subject as
aforesaid) with and to the payment of the said Sums of Money so already advanced
and hereafter to be advanced and paid as aforesaid (not exceeding the said Sum of
two thousand pounds) with Interest thereon respectively after the Rate aforesaid
until such Release and A∫signment or Releases and A∫signments shall be duly
made and executed by him as aforesaid And Lastly the said Richard
Oliver Smith Hath nominated constituted and appointed and by these presents
Doth nominate constitute and appoint and in his place and stead depute
and depute Isaac Horsford and William Mitchell both of the said Island of
Grenada Esquires jointly and each of them Separately to be the true and lawful
Attornies and Attorney of him the said Richard Oliver Smith to acknowledge
these Articles of Agreement before the Registrar of Deeds in the said Island of
Grenada or his lawful deputy for the time being as and for his Act and deed on
order that the same may be duly inrolled and Recorded as the laws of the said

Island

(275)

Island require and direct And generally to do and execute
all and every other Act deed Matter or thing which shall or may be requisite or nece∫sary for
giving Effect and Validity to these presents And for the true performance of this agreement
and every clause matter and thing herein contained on the part of the said Richard
Oliver Smith he the said Richard Oliver Smith doth hereby bind himself his heirs
Executors and Administrators unto the said William Manning and John Proctor
Anderdon their Executors Administrators and A∫signs in the Final Sum of two
thousand pounds of lawful money of Great Britain firm by these presents
In witne∫s whereof the said parties unto these presents have hereunto set their
hands and Seals the say and Year first above written.
R.O. Smith (LS)
Sealed and delivered by the said Richard Oliver Smith in the presence of
Richd Cranch Union Court Broad St.

Be it remembered that before the Execution of the before written Articles
of Agreement it was fully understood that the Judgment to be entered up against the said
Richard Oliver Smith as therein mentioned should not affect or incumber the annual
payment of four hundred pounds secured to him in and by the said recited Indenture
of mortgage of the twenty first day of June One thousand eight hundred and ten as
witne∫s the hands of the said parties this tenth day of February one thousand eight
hundred and thirteen.

R.O. Smith 
Witne∫s Richd Cranch
Richard Cranch of Union Court Broad Street London
Solicitor Maketh Oath and Saith that he this deponent was present and did
See Richard Oliver Smith in the annexed Articles of Agreement described Sign Seal
and as his Act and deed in due form of Law deliver the said Articles of Agreement and
that the name or Signature “R.O. Smith” set and Subscribed thereto as the party executing
the Same is of the proper hand writing of the said Richard Oliver Smith and also that the
name or signature “Richd Cranch” set and subscribed thereto as the party
executing the due execution thereof by the said Richard OIiver Smith is of the proper
hand writing of this deponent

Richd Cranch 
Sworn at the Mansion House London this twelfth day of February 1813 before me
Me

Geo. Scholey Major
Pleas before Our Lord the King at Westminster of the Town
of Saint Hilary in the fifty third Year of the Reign of Our
Sovereign Lord George the third by the Grace of God of the United
Kingdom of Great Britain and Ireland King defender of
the Faith And in the Year of Our Lord 1813 Witne∫s
Edward Lord Ellenborough

Roll 176
Middlesex (to wit)
William Manning and John Proctor Anderdon put
in their places Richard Cranch their Attorney against Richard Oliver Smith in or

Plea

(276)

Plea of Debt
Middlesex (to wit)
The said Richard Oliver Smith puts in his place
Charles Druce his Attorney at the Suit of the said William Manning and John
Proctor Anderdon in the plea aforesaid
Middlesex (to wit)
Be it remembered that on Thursday next after
eight days of the Purification of the Ble∫sed Virgin Mary in this Term before
Our Lord the King at Westminster come William Manning and John Proctor Anderdon
by Richard Cranch their Attorney and bring into the Court hereof Our said Lord the
King before the King himself now here their certain Bill against Richard Oliver
Smith being in the Custody of the Marshals of the Marshalsea of Our said Lord
the King before the himself of a plea of debt and there are pledges for the prosecution
thereof to with John Doe and Richard Roe which said Bill follows in these Words
that is to say Middlesex to wit William Manning and John Proctor Anderdon
complain of Richard Oliver Smith being in the Custody of the Marshal of the
Marshalsea of Our Lord the now King before the King himself of a plea that he
render to the said William Manning and John Proctor Anderdon the Sum of two
thousand pounds of lawful Money of Great Britain which he owes to and unjustly
detains from them For that whereas the said Richard Oliver Smith on the
tenth day of February in the Year of Our Lord One thousand eight hundred and thirteen
to wit at Westminster in the County of Middlesex had borrowed of the said
William Manning and John Proctor Anderdon the said Sum of two thousand pounds
above demanded to be paid to the said William Manning and John Proctor
Anderdon whenever afterwards he the said Richard Oliver Smith should be
requested Neverthele∫s the said Richard Oliver Smith hath not as yet paid
the said Sum of two thousand pounds above demanded or any part thereof to the said
William Manning and John Proctor Anderdon or to either of them (although often
requested so to do) but to pay the Same or any part thereof to the said William
Manning and John Procter Anderdon he the said Richard Oliver Smith hath
hitherto wholly refused and still doth refuse to the damage of the said William
Manning and John Proctor of ten pounds and therefor they being their Suit _____
And the said Richard Oliver Smith by Charles Deuce
his Attorney comes and defends the wrong and injury when _____ and Says nothing in
ban or preclusion of the said Action of the said William Manning and John Proctor
Anderdon whereby they the said William Manning and John Proctor Anderdon remain
Undefended against the said Richard Oliver Smith Therefor it is considered that the
said William Manning and John Proctor Anderdon do recover against the said
Richard Oliver Smith their said debt and also eighty shillings for their damages
which they have sustained as well on occasion of the detaining the said debt as for their
Costs and Charges by them about their Suit in their behalf expended by the Court of
Our said Lord the King now here adjudged to the said William Manning
and John Proctor Anderdon and with their a∫sent and the said Richard
Oliver Smith in Mercy _____

Examined

Written In the left-hand column – Judgment Signed 11th February 1813 – Mercy

(277)

Examined with the Original Record in the Custody of the Clerk of the Kings
Bench Treasury this eleventh day of February 1813

J Armitage
Joseph Armitage Clerk to Richard Cranch of Union
Court Broad Street in the City of London Solicitor Maketh Oath and Saith that he
this deponent did on Thursday the eleventh day of February Instant examine the
Paper writing hereunto annexed being an Office Copy of a Judgment of the Court
of Kings Bench against Richard Oliver Smith at the Suit of William Manning and
John Proctor Anderson for the Sum of two thousand pounds with the Original Record
of the same Judgment then and still remaining in the Treasury Chamber of the said
Court of Kings Bench at Westminster in the County of Middlesex and filed amongst
other Records of the same Court there in of the present Hilary Term And this
deponent further Saith that the said Office Copy is a trus and Correct Copy of the
Original Record of the said Judgment

J. Armitage
Sworn at the Mansion House of the City of London this twelfth day of February
1813 before me

Geo Scholey Mayor
To all to whom these presents shall Come I George Scholey
Lord Mayor of the City of London In pursuance of an Act of Parliament made and
pa∫sed in the fifth Year of the Reign of his late Majesty King George the Second
Intituled and Act for the more easy recovery of debts in his Majestys Plantations and
Colonies in America Do hereby Certify that on the day of the date hereof personally
appeared before me Richard Cranch and Joseph Armitage the deponents named in the
Affidavits hereto annexed being persons well Known and worthy of good Credit and
by Solemn Oath which the said deponents then took before me Upon the Holy
Evangelists of Almighty God did Solemnly and Sincerely declare testify and depose
to be true the several Matters and Things mentioned and Contained in the said
annexed Affidavit.

In Faith and Testimony whereof I the said 
Lord Mayor have caused the Seal of the Office of Mayoralty of the 
said City of London to be hereunto put and affixed and the 
Articles of Agreement and paper writing mentioned and referred 
to in and by the said Affidavits to be hereunto also annexed
Dated in London the twelfth day of February in the Year of Our
Lord One thousand eight hundred and thirteen
Windale.

On to the next Indenture. Maybe the next will reveal some hint to the origins of ggg-grandfather James.

Enjoy,

Jim

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