Ralph Gee of Lydgate – Indenture 11th October 1629

Ralph Gee of Lydgate – Indenture 11th October 1629:

Leasehold for ¼ of a Neighbor-ship13 in Chinley:

No (5)

an Indenture of a quarter of a neighbor-ship in Chinley from Peter and Francis BRADSHAW to Ralph GEE October 11th 4th of Charles …1629:

This Indenture made the Eleventh day of October in the year of the Reign of our Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King defender of the faith and the ffomthe (?)  BETWEEN Peter BRADSHAW the elder of London; gentleman; and Francis BRADSHAW of Bradshaw in the County of Derby;  Esquire; of the part and Raphe GEE of the Lidgate [Lydgate] in the said County of Derby; yeoman; of  the other parte WITNESSETH that the said Peter BRADSHAW and Francis BRADSHAW for diverse good consideration the .o.cing and especially for and in consideration of the sum of four pounds of lawful English money to them or to the one of them by the said Raphe GEE before and well and first paid and satisfied before then sealing of these present the receipt whereof they the said Peter and Francis BRADSHAW do confess and acknowledge by these present GAVE granted aligned bargained and sold and by these present do grant align bargain and sell unto the said Raphe GEE his heirs and assigns forever the Eighth-feorth1 part of all that herbage and of all those lands called Maystonefield1 also Chinlayes otherwise called Chinlayes in the High Peak in the said County of Derby, and the Eighth-feorth1  the part of all that part and ground called Maystonefield2 also Chininleyes also Chinlais and the Eighth-feorth1 part of all and singular cottages there upon built with all and singular therein and all of their appurtenances and the Eighth-feorth1 the part of all and singular messuages, mills, houses, buildings, barns, stables, stone-houses, orchards, gardens, land, tenements, meadows, leases, pastures, demesne6, land, fures (bogs), heaths (a tract of wasteland), moors, marshes, closses3, wayes, waters, fishing’s, woods, under-woods, and trees and the Eighth-feorth1 the part of all the land ground and soil of the same woods, under-woods, and trees, mines, quarries, rents, revercions4, and services, fee-farms, amenities, customs, rights, furnishings, franchises, liberties, privilege’s, fruit, commodities, emolument and hereditaments whatsoever with all their appurtenance of what kind nature or quality so-ever, or by what manner names so-ever they be known, reckoned, named or accounted, situated, lying, coming, increasing o remaining within the county, town, fields, places, parishes, hamlet or herbage and soil aforesaid or in or within and of them or elsewhere wheresoever the premises aforesaid above expressed, and specified or to and part or parcel hen….y and means belonging appertaining, appending, or a member part or parcel of the same premises now or at any time here after had known accepted attempted used or being, one water mill called Maystonefield2 mill in the County of Derby a foresaid being excepted and altogether reserved, and the revercion4, and revercions4, whatsoever of all and singular the premises formerly herein or hereby bargained and sold or meant 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 demesne6, or grant demesnes6 or grants for term or terms of life lives or years, or otherwise of the premises here-are-to-fore made of record or not of record, and also the Eighth-feorth1 the part of all and singular rent and other and yearly profit whatsoever recorded upon whatsoever demesnes or grants of in or upon the premises and every part these made of record or not of record and the Eighth-feorth1 part of all the rent and yearly profit issuing or growing of in or out of all and every premises as fully freely and in wholly and in as large and ample  manner and form as our said Sovereign Lord the King and his most excellent Majesty by his Tres (Letters) Pattents as well under the great seal of England as under the seal of his County Palatine of Lancaster and seal of his Duchy of Lancaster being his date at 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 BADBYE12 and William WELDTEN12 their heirs and assigns in fee-form for as by the same Tres (Letters) Pattents more fully may appear, and in as large and ample manner and form as the same Edward BADBYE12 and William WELDTEN12 by their Indenture, or deed Indenter 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 said seven and fiftieth year of His Highness reign of Scotland did bargain, give, grant, convey, or assure the premises or any part thereof unto the said Peter BRADSHAW and Francis BRADSHAW and to his heirs and assigns of the said Peter BRADSHAW or to any of them all and every with said Eighth-feorth1 the part of all and singular the before mentioned premises formerly in or by these present by the said Peter BRADSHAW and Francis BRADSHAW bargained and sold or meant or agreed to be granted, or assured to the said Raphe GEE and his heirs as aforesaid is or heretofore hath been called or known by the name of one quarter of a neighbor-ship TO HAVE hold and enjoy the said Eighth-feorth1 the part of the said herbage and land called Maystonefield2 alias Chinnileyes alias Chinlayes and the said Eighth-feorth1 part of  all and singular other the premises except before excepted and all and every the and all and every other the premises in or by these present bargained granted or sold and meant mentioned or agreed to be given, or hereby granted, bargained or sold unto the said Raphe GEE and his heirs as aforesaid unto the same Raphe GEE his heirs and assigns forever to the only sole, and proper use and behoofe5 of the same Raphe GEE his heirs and assigns in fee-farm forever, to beholden of our said Sovereign Lord the King Majesty His Highness heirs and successors as his honor of Lancaster in the County of Lancaster by fealty, only in free and common socage7 and not in capite8 nor knighted service AND YEILDING therefore yearly to our said Sovereign Lord the King His Heirs and successors eighteen pence of lawful English money to the hand of the General Receiver of our said Sovereign Lord the King His Highness heirs or successors of said Duchy of Lancaster or to his deputy for the time being, or to the land of the particular receiver of  the same premises or to his deputy for the time being, at the feast of the annunciation of blessed Mary the Virgin and Saint Michael the Arch Angel by equal portions yearly to be paid forever for all other rents, services, and demands, whatsoever forth 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 BRADSHAW, and his heirs all and every the premises above expressed and specified and by these present bargain and sold with all and every their appurtenance (except before excepted) unto the said Raphe Gee his heirs and assigns to the sole and proper use and behoofe5 of the same Raphe GEE his heirs and assigns against him the said Peter BRADSHAW his heirs and assigns shall and will warrant, and forever defend by these presents AND the said Francis BRADSHAW and his heirs all and every the said premises formerly in or by these present bargained sold, except before excepted, unto the said Raphe GEE his heirs and assigns to the sole and proper use and behoofe5 of the same Raphe GEE heirs and assigns against him the said Francis BRADSHAW and his heirs shall and will warrant and forever defend by these present AND either of the said Peter BRADSHAW and Francis BRADSHAW doth severally and respectively for himself his heirs executors and administrators and not otherwise covenant and grant to and with the said Raphe GEE his heirs and assigns by these present, that he the same Raphe GEE his heirs and assigns shall or may forever hereafter peaceable lie and any other have hold possess and enjoy all and every the premises (formerly in or by these present to him the same Raphe GEE and his heirs  bargained and sold) cleave and severally acquitted and discharged or otherwise upon reasonable request saved and kept harmless of and from all manner of form and other seisins9, grants, bargains, sales, charges, and encumbrances whatsoever heretofore had, made, committed, suffered or done by himself the same executer or his heirs or 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 be his or their or any of their assent, consent, or procurement AND the said Peter BRADSHAW and Francis BRADSHAW and either of them have and hath ordained constituted and made and by these presented do and doth constitute and make Henry BRADSHAW and George SWINDELS them and either of them true and lawful attorneys Jointly and severally for them and either of them, and in their and of either of their names, name, Ffidd10 and Ffidds10 and jointly or personally to enter into the said premieres, formerly in or by these present bargained and sold or meant or intended to be bargained or sold, to the said Raphe GEE and his heirs as aforesaid or into any part or parcel thereof in name of the whole, and possession and seisin thereof or of any parte thereof in name of the whole or of any part or parcel thereof to take and possession and seisin9 thereof or of any part thereof in name of the whole for them or either of them and in there or either of their names or name by Ffidd10 Jointly or severally to give and deliver unto the said Raphe GEE or to his retained attorney in writing in that behalf TO HAVE and to hold to the same Raphe GEE his heirs and assigns for over according to the true intent and meaning of these present ratifying and by these present confirming all and whatsoever there said attorney or either of them shall do, or cause to be done in or concerning the premises AND whereas there be certain houses cottages, buildings now erected, standing and being in and upon the herbage called Maystonefield2 also Chinlais and dyvers other closses3 and pinfolds11 of land there unto belonging or therewith used or occupied, as the tenements appertaining with same houses closses3 and pinfolds11 of land and pinfold11 of the same herbage and where-have-to-fore built upon out of the same and now and in the several, or other tenures of occupations of the said Francis BRADSHAW or of his under tenant farmers or assigns, the said Raphe GEE is contented and agreed, and for himself his heirs and assigns doth covenant and grant to and with the said Francis BRADSHAW his heirs and assigns by these present that he the same Francis his heirs and assigns shall or may forever Hereafter peaceably and quietly have possession and enjoy the same buildings, the seisin9 and enclosed land without any manner of let, claim, or interruption of the said Raphe GEE his heirs or assigns and that the same Raphe GEE his heirs and assigns shall and will in lieu and recompense of such part of the said buildings closses3 and enclosed lands as doth or might do 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 therefore of the said herbage or ground called Maystonefield2 alias Chinlayes AND finally it is agreed between the said parties, and the said Raphe GEE for himself his heirs and assigns doth covenant, and grant to and with the said Peter BRADSHAW and Francis BRADSHAW their heirs and assigns by these present that he the said Raphe GEE his heirs and assigns shall and will and truly satisfy and pay or cause to be paid or satisfied, the said yearly rent of eighteen pence and formerly reserve in or by these present in manner and form aforesaid and according to the true intent and meaning of these present before mentioned IN WITNESS whereof the parties above said to these present indenture Interchange ably have set their hand and sealed the day and year first above written

Peter BRADSHAW      Francis BRADSHAW

NOTES:

  1.  Eighth-feorth is an old English measurement, measuring in ¼’s. Fourescorth” [an archaic word for 80] and eightscorth [an archaic word for 160].
  2. 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)
  3. Closse (Close) of land is an old English term for an estate.
  4. 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.
  5. Behoofe; Behoufe; Old English behōf; related to Middle High German behuof meaning something useful.
  6. Demesne land – in the old feudal system was all the land, not necessarily all contiguous to the manor house.
  7. 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.
  8. 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”.
  9. Seisin: old feudal term denoting the legal possession of an estate of land.
  10. Ffidd or ffidded: Old English law term binding together as either/or; combined.
  11. 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.
  12. 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).
  13. Neighbor-ship – community.
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