Ralph Gee (1590-1641) – Indenture 20 October 1624

Ralph Gee (1590-1641) – INDENTURE 20TH OCTOBER 1624:

Maystonefield Mill4:

This Indenture made the twentieth day of October in the year of the reign of our sovereign Lord JAMES by the grace of god of England France and Ireland; King, defender of the faith in the two and twentieth and of Scotland the eight and fiftieth BETWEEN Peter BRADSHAW1 the elder of London gentleman and Francis BRADSHAW1 of Bradshaw [Hall] in the County of Derby; Esquire; of the one party AND Raphe GEE2of the Lidgate [Lydgate] in the said County of Derby, yeoman, of the other party WINTESSETH that the said Peter BRADSHAW1 and Francis BRADSHAW1 for diverse good causes them moninge14 and especially for and in consideration of the sum of six pounds of lawful English money to them or to the end of theme by the said Raphe GEE2 beforehand well and truly paid and satisfied before then sealing of these present the receipt whereof they the said Peter and Francis BRADSHAW1 do Confess and acknowledge by these present HAVE granted aligned bargained and sold and by these present do grant align bargain and sell unto the said Raphe GEE2 his heirs and assigns forever THE four-feorth3 part of all that herbage and of all these lands called Maystonefield4 also Chinleis otherwise called Chinley in the High Peak in the said County of Derby and the four-feorth3 part of all that soil and ground called Maystonefield also Chinleis also Chinley and the four-feorth3 part of all and singular cottages there upon built with all and singular there and every of them appurtenances and the four-feorth3 parte of all and singular messuages houses edifices buildings barns stables stone-houses outlands gardens land common meadows leases pastures common demesne land10 forest heaths [a tract of wasteland] moors marshes mosses ways waters fishing’s wood and underwood and trees AND the four-feorth3 part of all the land ground and soil of the same woods and under-woods and trees mines quarries rents revercions15 and services fee-farms amenities customs rights jurisdictions franchises liberties privileges fruits commodities emolument and hereditaments whatsoever with all their appurtenances of what kind nature or quality so ever or by what name or names so ever they be known reckoned named or accounted situate lying being coming increasing or remaining within the County comefielde places parishes hamlet or herbage and soil aforesaid or in or within any of them on elsewhere wheresoever to the premises aforesaid above expressed and specified or to any part or parcel thereof by any means belonging appertaining apparent or as member part or parcel of the same premises now at any time aforesaid and water mill called Maystonefield4 mill in the County of Derby aforesaid being excepted and altogether reserved and the revercion15 and revercions15 whatsoever of all and singular the premises formerly here in or hereby bargained and sold or mentioned or agreed to be bargained or sold in or by these present and of every part and parcel thereof depending or expectant of in or upon any demesne or grant demesnes or grants for term or terms of life lives or years or otherwise of the premises heretofore made of record or not of record AND also the four-feorth3 part of all and singular rents and yearly profit whatsoever recorded upon whatsoever demesnes or grants of in or upon the premises or any part thereof made of records or not of record and the four-feorth3 part of all and singular rents profit issuing coming or growing of in or out of all and every the premises as fully freely and wholly and in as large and ample manner and form as are paid sovereign Lord the King his most excellent Majesty by his letters patent as well under the great seal of England as under the seal of his County Palatine of Lancaster and Seale of his Duchy of Lancaster bearing date Westminster the ninth day of January in the one and twentieth year of his majesties reign of England France and Ireland and in the Seven and fiftieth year of his Highness Reign of Scotland DID give grant bargain and sell all and singular the premises amongst other things unto Edward BADBYE5 and William WELDTEN5their heirs and assigns in fee-form for ever as by the same letters patent more fully may appear and in as large and ample manner and form as the said Edward BADBYE and William WELDTEN by their Indenture or deed Indented bearing date the three and twentieth day of February in the one and twentieth year of his said Majesties reign of England, France and Ireland and in the seven and fiftieth year of his Highness’ reign of Scotland did bargain and sell give grant convey or assign the premises or any part thereof unto the said Peter BRADSHAW1 and Francis BRADSHAW1 and to the heirs and assigns of the said Peter BRADSHAW1or any of them ALL WHICH said four-feorth3 part of all and singular the before mentioned premises formerly in or by these present by the said Peter BRADSHAW1 and Francis BRADSHAW1 bargained and sold or meant or agreed to be granted or affirmed to the said Raphe GEE2 and his heirs as aforesaid is or heretofore hath been called or known by the name of half at neighbor ship TO HAVE hold and enjoy the said four-feorth3 part of the said herbage and land called Maystonefield also Chinlayes also Chinlayse and the said four-feorth3 part of all and every other the premises except before excepted and all and every other the premises formerly in or by these present bargained granted or sold and meant mentioned or agreed to be herein or hereby granted bargained or sold unto the said Raphe GEE2 and his heirs as aforesaid unto the same Raphe GEE2 his heirs and assigns forever; TO THE only sole and proper use and behoofe11 of the same Raphe GEE2 his heirs and assigns in fee-form for ever To be Holden of our said Sovereign Lord the King Majesty his Highness heirs and successors as of his honor of Lancaster in the County of Lancaster by fealty …lie in fair and common Socage6 and not in Capite7 now by Knighted service AND yielding therefore yearly to our said Sovereign Lord the King his heirs and successors three shillings of lawful English money to the hand of the General retainer of our said Sovereign Lord the King his Highness heirs or successors of his said Duchy of Lancaster or to his Deputy for the time being or to the hand of the particular receiver of the same premises or of his Deputy for the time being at the feasts of The annunciation of Blessed Mary the virgin and Saint Michael the Arch Angel by equal portions yearly to be paid for all other rents services and demands whatsoever for the same, to our said Sovereign Lord the King his heirs or successors for the premises granted by these present by any means to be yielded paid or done AND the said Peter BRADSHAW1 and his heirs all and every the premises above expressed and specified and by these present bargained and sold with all and every there appurtenances except before excepted unto the said Raphe GEE2 his heirs and assigns to the sole and proper use and behoufe11 of the same Raphe GEE2 his heirs and assigns against him the said Peter BRADSHAW1 his heirs and assigns shall and will warrant and forever defend by these present AND the said Francis BRADSHAW1 and his heirs all and every the said premises formerly in or by these present bargained or sold except before excepted unto the said Raphe GEE2 his heirs and assigns to the sole and proper use and behose11 of the same Raphe GEE2 his heirs and assigns against them the said Francis BRADSHAW1 and his heirs shall and will warrant and forever defend by these present And either of the said Peter BRADSHAW1 and Francis BRADSHAW1 doth severally and respectively for himself his heirs exceptions and administer and not otherwise covenant and grant to and with the said Raphe GEE2his heirs and assigns by these present that he the same Raphe GEE2 his heirs and assigns shall or may forever hereafter peaceably and quietly have hold possess and enjoy all and every the premises (formerly in or by these present to him the same Raphe GEE2 and his heirs bargained and sold, there and thereby acquitted and discharged or otherwise upon the reasonable request saved and kept harmless of and from all and all manner so ever and other Ffeofment12 gifts grants bargains sales changes and in cumbrance whatsoever heretofore had made committed suffered or done by himself the same covenanter or his heirs or his assigns or by any other person or persons lawfully claiming by from or under him the same covenanter his heirs or assigns or any of them or otherwise by his or their or any of their assent consent or procurement AND the said Peter BRADSHAW1 and Francis BRADSHAW1 and either of them have and hath ordained constituted and made and by these present do and doth constitute and make John WILSON and George SWINDELS there and either of their true and lawful attorneys jointly and Severally for them and either of them and in their and either of their name names ffid8 and ffids8 jointly or personal to enter into the said premises formerly in or by these present bargained and sold or meant or intended to be bargained or sold to the said Raphe GEE2 and his heirs as aforesaid or into any part of parcel thereof in name of the whole and possession and seisin thereof or of any part thereof in name of the whole or of any parte or parcel thereof to take and possession and seisin thereof or of any part thereof in name of the whole for theme or either of them and in there or either of their names named or ffids8 jointly or severally to give and deliver unto the said Raphe GEE2or to his certain attorney in writing in that behalf TO HAVE and to hold to the same Raphe GEE2 his heirs and assigns forever according to the true intent and meaning of these present ratifying and by these present confirming all and whatsoever there said attorneys or either of them shall do or cause to be done in or concerning the premises AND whereas therefore certain houses cottages and buildings e.nceced standing and being in and upon the said herbage called Maystonefield at Chinlayes and dyners closes9 and pinfold16 of land thereunto belonging or otherwise used or occupied as thereunto appertaining the same houses closes9 and pinfolds16 of land and parcels of the same herbage and were heretofore built upon and enclosed out of the same and now are in the several or other tenures or occupations of the said Francis BRADSHAW1 or of his under tenant farmers or assigns THE said Raphe GEE2 is contented and agreed and for himself his heirs and assigns doth covenant and grant to and with the said Francis BRADSSHAW1 his heirs and assigns by these present that had the same Francis BRADSHAW1his heirs and assigns shall and may for ever have after peaceable and quietly have possess and enjoy the same buildings closes9 and enclosed land without any manner of lot claim or interruption of the said Raphe GEE2his heirs and assigns and the same Raphe GEE2 all and will in how (?) and recompense of such part of the said buildings closes and enclosed land as doth or might belong unto him or them by force or virtue of these present be contented to accept of as much as the same doth or shall amount unto in and out of the residue of the said herbage or ground called Maystonefield4 alias Chinlayes AND Finally it is at grirl (?) between the said parties and the said Raphe GEE2 for himself his heirs and assigns doth covenant and grant to and with the said Peter BRADSHAW1and Francis BRADSHAW1their heirs and assigns by these present… … the said Raphe GEE2 his heirs and assigns shall and will well and truly satisfy and pay or cause to be paid or satisfied the said yearly rent of three shillings formerly reserved in or by these present… to the tner true intent and meaning of these present before mentioned

IN WITNESSE whereof the parties above said to these present indenture Interchangeably

SIGNED:       Peter Bradshaw1          Francis Bradshaw1

NOTES:

  1.  BRADSHAW OR BRADSHAWE: Peter BRADSHAW, gentleman, the expelled tenant of the herbage of Maynsetonfield or Chinleis (now forming a considerable portion of the large Township of Chinley, Bugsworth and Brownside in the parish of Glossop) was the uncle or very near kinsman of the famous John Bradshaw (President of the court who signed the warrant to behead King Charles the first). John’s father, Henry Bradshaw, was the younger brother of Peter. Francis BRADSHAW was either a brother or a cousin to John and a nephew to Peter aforementioned and who resided at Bradshaw Hall. (Page 147 – Reliquary Volume 2 by Jewitt). 1610- July 2. Petition from Sir Peter BRADSHAW and others to Salisbury concerning the stay in assigning an extended lease of their farm in Chinley alias Maynestonfield, County of Derby, which they purchased.
  2. Raphe GEE – Ralph GEE of Lydgate born circa 1590 and died after 1636 was the second “GEE” owner of Lydgate farm in Peak Forest, Derbyshire.
  3. Some-feorth or four-feorth or eight-feorth is an old English measurement, measuring in ¼’s. Fourescorth” [an archaic word for 80] and eightscorth [an archaic word for 160].
  4. Maynestonfield a.k.a Mainstonefield: The old corn mill at Chapel Milton is not in the parish of Chapel-en-le-Frith but in the Township of Chinley. In most documents from the Middle Ages on downwards this township is spoken of as “Mainstonefield or Mainstonefield alias Chinley”, the latter being the usual designation and the spelling of both names having numerous variations. Maynestonfield Mill was an ancient mill owned by the King of England dating back as far as 1452 (court rolls of II Edward IV). The mill was in Chinley separated only by Hockholme Brook from Chapel-en-le-Frith, whose location was obviously needed for the water supply and was easily accessed by the communities of Chinley, Brownside, Bugsworth, Bowden Edge and Bradshaw Edge. The rents received from the Fermors (as the lessees of the various mills are called) are returned year by year in the Duchy accounts. In 1405, Walter Kyrke paid ∫2 13s. 4d. for Maynestone Mill. He was succeeded by the Bradshaws, Halleys, Leghs and John Lingard. (William Braylesford Bunting Book – pages 282-292).
  5. BADBYE AND WELDTEN: By a grant of King James the First, in that year (1622)……in consideration of the sum of 1476 pounds paid to him by his loveing subjects, Edward Badbye and William Weltden, of London, gentlemen, of his Majesty’s special grace and free will and at the special nomination, request, instance, and appunctuation of his beloved and faithful kinsman and counselor George, Duke of Buckingham, High Admiral of England, gave and granted to Edward Badbye and William Weltden, their heirs and assigns forever: All that our herbage and those our lands called Maynestonfield, otherwise Chinleis, otherwise Chynleys, in the High Peak, in the aforesaid County of Derby, and all the soil and ground called Maynestonfield, otherwise Chinleis, otherwise Chynlies; and all and every the cottages built thereon, with all and every of their particulars, now or lately in the tenure or occupation of Peter BRADSHAW, gentleman or his assigns, which said premises last mentioned, did for the particulars thereby mentioned, yearly pay or were of the value of twelve pounds. (Page 146, Reliquary, Volume 2, by Jewitt).
  6. Socage is the Feudal tenure of land by a tenant in return for agricultural or other non-military services or for payment of rent in money.
  7. Capite: In old English Law, a capite (from Latin caput) was a tenure abolished by Act 12, Charles II, xxiv (Tenures Abolition Act 1660) by which either person or land was held immediately of the King or of his crown, either by Knight Service or by socage. A holder of a capite is termed “Tenant-in-chief”.
  8. Ffidd or ffidded: Old English law term binding together as either/or; combined.
  9. Closse (Close) of land is an old English term for an estate.
  10. 10  Demesne land – in the old feudal system was all the land, not necessarily all contiguous to the manor house.
  11. Behoofe; Behoufe; Old English behōf; related to Middle High German behuof meaning something useful.
  12. Feoffment   in English law was a transfer of land or property that gave the new holder the right to sell it as well as the right to pass it on to his heirs as an inheritance. It was total relinquishment and transfer of all rights of ownership of an estate in land from one individual to another. In feudal England a feoffment could only be made of a fee (or “fief”), which is an estate in land, that is to say an ownership of rights over land, rather than ownership of the land itself, the only true owner of which was the monarch under his allodial title. Enfeoffment could be made of fees of various feudal tenures, such as fee-tail or fee-simple.
  13. Seisin: old feudal term denoting the legal possession of an estate of land.
  14. Moninge;     cause sorrow or lament
  15. Revercions; Law – the return of an estate to the donor or grantor after expiry of the grant. Law – the right of succeeding to an estate. Law – a sum payable on a person’s death.
  16. Pinfold:         A place where stray animals were confined to; a fold or pen for sheep and cattle to gather or confine; enclosure for animals; a high walled and lockable structure used for errant and stray animals;  this term was more commonly used in the north and East of England in medieval times.
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