CHANNEL-ISLANDS-L Archives

From: Letha <>
Subject: 1867 St. Martins Gsy - property contract -text- long
Date: Tue, 06 Jun 2000 22:27:32 -0500

Following is a translated document in which my 2g grandparents took possession
of a home in St. Martins, Guernsey - 1867. This document has much interesting
information and many puzzles for those of us unfamiliar with property transfers
in the 19 th century Isles. I am posting this with the permission of the
distant cousin in Australia who had the translation done in Melbourne. The end
notes are those of the translator.

This g grandfather was an agricultural labourer and this transaction was near
the end his life. From census information it seems likely that the name of the
home was "Blanches" -Blanches Rd. - next to "Theodore Cottage" or perhaps part
of it?

I'd love to hear about any insights

Letha La Galle Taylor


>> Sieur1 Jean La Galle and his wife registered a contract signed by Messrs. P. Stafford Carey,
>> Knight, Bailiff,2 and by Alfred Smith Collings and Jean Lukis Mansell, Jurats,2 the substance
>> of which is as follows
>>
>> On the nineteenth of October eighteen hundred and sixty-seven the Sieur Pierre Tardif, son of
>> Jean, of the District of Les Blanches in the Parish of St. Martin has personally appeared
>> before the Bailiff and Jurats of the Royal Court of this Isle of Guernsey and of his free and
>> openly declared will has acknowledged and testified to having transferred in fief3 and based on
>> rental [the holding described below]4 from himself and his heirs in perpetuity to Sieur Jean
>> Louis La Galle, son of Pierre, native of Jobourg, Canton of Bonmont, Department of La Manche,
>> in france, at present living on this Island, and to Rose Aimable Mignot5, his wife, it being
>> accepted by them that whichever of them shall live the longer shall continue to hold the fief,
>> and that on the death of the survivor it shall pass to the heirs begotten and born of their
>> marriage and, in the absence of such heirs, to the inheritors of the said wife's estate,
>> finally and forever.6
>>
>> [The Estate concerned]7 is as follows
>>
>> A house with a forecourt8 in front and garden at the back, situated in the aforementioned
>> district of Les Blanches and in the Fief Halia and the Frane Fief, and bordering on the side
>> that faces roughly north on a field belonging to Monsieur Jean Blanche, the ditch between the
>> two belonging to the latter holding, on the side that faces roughly south on a garden belonging
>> to Monsieur Nicolas Le Masurier, through Dame Mary Ann Thomme, his wife, with a road diving the
>> two holdings; on the east side on a field belonging to Monsieur Jean Blanche, the ditch between
>> the two belonging to the latter holding; on the side which faces roughly west, on a garden
>> belonging to Sieur Nicolas Tardif, brother of the aforementioned Vendor9 with a row of
>> hawthorns between the two holdings, and it is agreed that the said Purchasers", their heirs and
>> agents shall have the right to draw water from the well in the forecourt* of the house of the
>> said Nicolas Tardif, as had the aforementioned vendor [Pierre Tardif].
>>
>> The said Lease insofar as it concerns gates, entries, walls and drainage, reliefs, privileges
>> and obligations shall continue under the same conditions as applied to the said Vendor.10
>>
>> [The Transfer is]11 made for the price and sum of six quartiers, one boisseau, five denerels
>> and three quints of wheat in rental,12 which sum the two purchasers, husband and wife, have
>> promised, and are obliged to pay on the tenth of October next and annually thereafter to the
>> persons named below in discharge of the obligations hitherto owed by the said Vendor and his
>> heirs, in the following proportions
>>
>> Firstly, to Sieur Thomas Mahy, through the entitlement of his wife, Dame Judith de
>> Calais, two boisseaux of wheat rental
>>
>> Item, to Monsieur Henri Mauger, son of Jean, one boisseau and three denerels of wheat
>> rental
>>
>> Lastly, to Demoiselle Marie Brouard, three quartiers of wheat rental
>>
>> All these rentals at any time and for all quantities shall be payable in cash at the rate of
>> two hundred and eighty pounds, Tournois13, per quartier of wheat and by paying for the portion
>> of the year elapsed at the time of payment and for the remaining rental of two quartiers, two
>> boisseaux, two denerels and three quints of wheat, the said Vendor has now sold and totally
>> transferred them away from himself, and from his heirs in perpetuity, to the said purchasers,
>> husband and wife, accepting for them and their heirs as specified above, in consideration of
>> the sum of seven hundred and eighty four pounds Tournois, with which the said Vendor has agreed
>> to be satisfied and content, that this sum of two quartiers, two boisseaux, two denerels and
>> three quints of wheat in rental shall remain amortised finally and forever in the hands of the
>> said La Galle and his wife and their heirs as specified above, to whom and to whose heirs as
>> specified the said Vendor14 has promised and has boun!
>> d himself to furnish and guarantee the said lease and the said sale and amortisement, for them
>> to hold the said lease free of and exempt from all other rentals except Chefrentes to
>> landlords15 and Seigneurial rights, on the obligation15 of all its benefits, assets and
>> heritages present and future for themselves and their heirs.
>>
>> The said Purchasers have named two authorisations for the said transfer, namely, from William
>> Brock, Esquire, the Queen's Receiver General16 for two quartiers, four denerels, and one quint
>> of wheat and Jean Thomas De Sausomarez, Esquire, present proprietor of one third of the Fief
>> Halia for one boisseau, four denerels, and two quints of wheat rental, their guarantors
>> guaranteeing one thirteenth of the total.17
>>
>> The said Rose Aimable Mignot, wife of the said La Galle, has declared and solemnly affirmed
>> that she has undertaking the above commitments of her own free will and full approval without
>> having been forced or constrained to do so by her husband.
>>
>> [Extract from the Registers]
>>
>> A.J. Roussel
>> King's Greffier18
>>
>> ENDNOTES
>>
>>
>> 1. I have not translated the old styles and titles. For one thing they convey something of the
>> way things were done in Guernsey 100-odd years ago. For another, I think they convey some
>> distinctions that would be lost if one read "Mr. and Mrs.". For instance, it seems possible
>> that "Sieur" and "Dame" imply some kind of status, e.g. as landholders, that would be lost in
>> translation.
>> 2. The Bailiff is the head of the Island's administration. He is of judicial status and
>> presides over the Royal Court and the States (Parliament). Jurats are senior advocates
>> (lawyers) appointed by the Crown to hold office in the Royal Court.
>> 3. Land tenure was still nominally on a feudal basis. The Crown owned all land and leased it to
>> Tenants-in-Chief in exchange for goods and services. They (T-in-C) did the same to Sub-Tenants
>> and so on down the line. Therefore, when you bought land what you really bought was the right
>> to be a tenant. What you paid and who you paid it to depended on the amount of land and the
>> rung on the feudal ladder you were buying into.
>>
>> You will see that this contract starts like a feudal transfer. Only at the end is it translated
>> into money. I have no doubt that what really happened is that Sieur La Galle fixed up the sale
>> with Mr. Tardif for an agreed price and that the lawyers then dressed it up in feudal terms to
>> confirm with Guernsey law.
>> 4. The words in brackets are not in the text but without them the legal French translated into
>> English would be almost incomprehensible.
>> 5. It appears that in Guernsey law (as in Scottish, I believe) a married woman keeps her main
>> name in law matters.
>> 6. It seems strange to us now that the arrangements for inheritance should have to be stated in
>> the contract. It is even more strange that the arrangements meant that if Rose Aimable Mignot
>> (La Galle) died first, without children, Jean Louis would hold the land only for his lifetime
>> and that even if he married again and had children the holding would go according to his first
>> wife's will.
>> 7. See Note 4.
>> 8. The word is "belle" as a masculine noun. It is not in any modern dictionary but I have read
>> the word "forecourt" because that makes sense. See also the note under the same reference on
>> page 2.
>> 9. The words are "bailleur" or "lessor" and "prereurs" or "takers" because at this stage the
>> transaction is feudal. I have used the words "vendor" and "purchasers" all the way through for
>> the sake of clarity.
>> 10. The lease probably contained conditions regarding the maintenance of buildings, boundaries,
>> drainage, etc.
>> 11. See note 4.
>> 12. I have not attempted to translate the old units as to do so would only be misleading. I
>> will not trouble you with details but I am certain that the Guernsey "boisseau" is not the
>> English bushel, nor even the old French boisseau of 12.5 litres as this would make the
>> "quartier" much too small. I am equally sure that the Guernsey "Quartier" was not the English
>> "quarter" (corn measure) of 512 lbs. The "denerel" is more familiar, as when we were kids we
>> used to buy potatoes by the denerel which was by then rated at 7lbs. weight. I have no idea of
>> the "quint" or "fifth". Possibly it was a fifth of a denerel. To find out I would need much
>> more specialised references than I have at present.
>> 13. "Tournois" currency was not minted in France ( at Tours) after the 13th century according
>> to Larousse so I don't know why it should crop up here. Possibly it was an expression for a
>> Guernsey pound of 24 French Francs which were valued at 10 Guernsey pennies. Up to about 1920
>> English Silver was used at a premium of «d. (halfpenny or ha'penny) in the shilling. If an
>> article was priced at 1 shilling you could pay for it either with 1 franc and 2 pence or with 1
>> English shilling and get a ha'penny change.
>> 14. The expression here is "bailleur vendeur" is "lessor-vendor". See Note 9. By now the
>> transaction is treated as a sale.
>> 15. A landholder in Guernsey had to pay certain dues and taxes nominally in kind but actually
>> in cash. I believe they were collected by the Parish authorities, as the Parishes were
>> administrative as well as Ecclesiastical subdivisions. The exact meaning of "obligation" here
>> is not clear so I have left the word as it is in French. I think the drift of the clause is
>> that the purchaser has these dues to pay in consideration of all the benefits, etc., he gets
>> from the deal.
>> 16. The Receiver General (H.M. Receveur) is virtually the Treasurer to the States of Guernsey
>> (the Government).
>> 17. I think I have the drift of this paragraph right but the exact wording is difficult. I
>> offer the following as an alternative translation. It follows the French more closely but is
>> just as difficult to understand
>>
>> "And the two Purchasers have brought forward two authorisations* to carry out the above
>> transaction; one from William Brock ..... and the other from Jean Thomas De Sausmarez ..... the
>> which authorisations carry responsibility for one-thirteenth."
>>
>> *The word is cong‚ = in modern French, permission, authorisation, etc. Also "clearance" as
>> for a ship before sailing. It is not used for "sponsor" or "guarantor".
>>
>> 18. H.M. Greffier = Registrar General
>>
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• 1867 St. Martins Gsy - property contract -text- long by Letha <>