Ralph Gee of Lydgate – Indenture 27 September 1630

Ralph Gee of Lydgate – Indenture 27 September 1630

No (6)

a counter part of a deed between Raphe GEE and

Thomas COTTRELL dated September 10th 1630 for an Eightscore2 part of one Neighbor-ship1, consideration money 40 pence made at three different payments.

This Indenture made the seven and twentieth day of September in the sixth 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 BETWEEN Raphe GEE of Lydgate in the County of Derby; yeoman; of the one part And Thomas COTTRELL of Kinder in the same County of Derby; yeoman; of the other part WITTNESSETH that the said Raphe GEE for and in consideration of the sum of Ten pounds of lawful English money to the said Raphe GEE by the said Thomas COTTRELL already paid and satisfied and of the sum of twenty pounds more of like lawful money to be to the said Raphe GEE by the said Thomas COTTRELL well and truly paid and satisfied in manner and form and at the days and times hereafter in or by these present mentioned or specified that is to Witt the sum of Ten Pounds of lawful English money in and upon the feast day of St Michael the Archangel which shall be in the year of our Lord God one Thousand six hundred and thirty And the like sum of Ten pounds And both the said payments to be paid at or in the now dwelling house of the said Raphe GEE commonly called the Lydgate in the Parish of Chapel-en-le-Frith in the said County of Derby HATH GRANTED aliened bargained and sold And by these present doth grant align bargain and sell unto the said Thomas COTTRELL his heirs and assigns forever The Eightscore2 the part of all that herbage and of all these lands called Maystonefield3 alias Chynileys alias Chynleys in the High Peak in the said County of Derby And the Eightscore2 the part of all that Soil and ground called Maystonefield3 alias Chynileys alias Chinleys And the Eightscore2 part of all and singular cottages thereupon built with all and singular their and every of their appurtenances And the Eightscore2 part of all and singular, messuage, houses, edifice, buildings, barns, stables, dove-houses, orchards, gardens, Lands, Tenements, meadows, leases, pastures, commons, demesne lands, fures [bogs], heaths (a tract of wasteland), moors, marshes, mosses, ways, waters, fishing’s, woods. Under-woods and trees And the Eightscore2 part of all the land, ground and soil of the same woods, under-woods, and trees, mines, quarries, rents, revercions4, service and hereditaments whatsoever to the premises aforesaid above expressed and specified or to any part or parcel thereof by any means belonging, appertaining,  appending or as member part or parcel of the same premises now or at any time heretofore known had accepted occupied used or being One Water-corn Mill called Maystonefield Mill3 in the County of Derby aforesaid 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 presents and of every part and parcel thereof depending or expectant of in or upon any demesne5 or grant demesnes5 or grants for term of terms of life lives or years or otherwise of the premises heretofore made of record or not of Record And also the Eightscore2 part of all and singular rents or yearly profits whatsoever reserved upon whatsoever demesnes5 or grants of in or upon the premises or any parte thereof made of Record or not of record And the Eightscore2 part of all the Rents and yearly profits issuing coming or going 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 the late King of England of pious memory King James by his Tres (letters) patent As well under the Great Seal of England as under the Seal of the County Palatine of Lancaster and Seal of the Duchy of Lancaster bearing date at Westminster the Ninth day of January in the one and Twentieth year of the Reign of the said late King of England of famous memory King James did give grant bargain and sell all and singular the premises amongst other things unto Edward BADBYE and William WELDTEN their heirs and assigns in fee-farm forever as by the same Tres (letters) Patent more fully may appear and in as large and ample manner or 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 said one and twentieth yeare of the Reign of the said late King of England of pious memory King James did bargain and sell give grant convey and assure the premises or any part thereof unto Peter BRADSHAW and Francis BRADSHAW and to the heirs and assigns of the said Peter BRADSHAW or any of them All with said Eightscore2 part of all and singular the before mentioned premises formerly in or by these present by the said Raphe GEE bargained and sold or meant or agreed to be granted or assured to the said Thomas COTTRELL and his heirs as aforesaid is or heretofore hath been called or known by the name of a Quarter of a Neighbor-ship1 TO HAVE hold and enjoy the said Eightscore2 part of the said herbage and lands called Maystonefield3 alias Chyinleys alias Chinleys and the said Eightscore2  part of  all and every other the premises excepted before excepted and all and every other the premises formerly in or by these presents granted bargained or sold and meant mentioned or agreed to be herein or hereby granted bargained or sold unto the said Thomas COTTRELL and his heirs as aforesaid unto the same Thomas COTTRELL his heirs and assigns forever To the only sole and proper use and behouf6 of the same Thomas COTTRELL his heirs and assigns in fee-farm forever UNDER and upon nevertheless the condition’s revisions and agreements hereafter in these present mentioned or expressed TO BE Holden of our Sovereign Lord the King Majesty His Highness heirs and successors as of his honor of Lancaster in the County of Lancaster by fealty only in free and common socage7 and not in capite8 nor by Knighted Service YIELDING therefore yearly to our said sovereign Lord the King his heirs and successors Eighteen pence of lawful English money to the hands of the General Receiver of our said Sovereign Lord the King His Highness heirs or successors of his Duchy of Lancaster11 or his deputy for the time being or to the hands 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 St Michael the Archangel 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 Raphe GEE and his heirs the said Eightscore2 part of the said herbage and lands called Maystonefield3 alias Chynileys alias Chinleys except before excepted and all and every other the premises formerly in or by these present granted bargained and soul and meant mentioned and agreed to be herein or hereby granted bargained or sold unto the said Thomas COTTRELL and his heirs as aforesaid shall and will warrant and uphold to the same Thomas COTTRELL and his heirs against him the said Raphe GEE and his heirs forever AND FURTHER also that he the said Raphe GEE and Grace his wife and the heirs of the said Raphe GEE and every of them shall and will from time to time and at all times during and within the space of five years next ensuing after date of these present at and upon the reasonable request or requests costs and charges of the said Thomas COTTRELL his heirs or assigns or any of them do make knowledge levy suffer and execute or cause assent and agree to be done made acknowledged levied suffered and executed all and every such further and other act and acts thing and things devises conveyance and assurance in the Law whatsoever for the further better and more assured surety survey making conveying and assuring of all and every the said premises formerly in or by these present granted bargained and sold and meant mentioned and agreed to be herein or hereby granted bargained or sold and of every part thereof with the appurtenance in manner and form aforesaid and under and upon the provision or condition aforesaid as by the said Thomas COTTRELL his heirs or assigns or any of them or by their or any of their Counsel learned in the Law shall be in that behalf lawful in and reasonably devised or advised Be it or they by fine or fines with proclamations in due form of Law to be levied ffeoffment9 or ffeoffments9 or by any other lawful way or means whatsoever for the doing making acknowledging levying or executing whereof never the less the said Raphe GEE or the said Grace his wife or the heirs of the said Raphe GEE or any of them shall not be enforced to travel above the distance of Ten Miles from such place or places where they and every or any of them respectively shall be abiding or dwelling at the time or times of such request or requests so to be made as is aforesaid AND  WHEREAS there be certain houses cottages and buildings erected standing and being in and upon the said herbage called Maystonefield at Chinleys and divers closses10 and parcels of land thereunto belonging or otherwise used or occupied as thereunto appertaining with some houses closses10 and parcels of land are parcels of the some herbage and were heretofore built upon and enclosed out of the same and more are in the several or other tenures or occupations of the said Francis BRADSHAW or his under tenants farmers or assigns The said Thomas COTTRELL is contented and agreed and for himself his heirs and assigns doth covenant and grant to and with the said Raphe GEE his heirs and assigns by these present that the same Francis BRADSHAW his heirs and assigns shall and may forever hereafter peaceably and quietly have hold possess and enjoy the same building closses10 and enclosed lands without any manner of let claim or interruption of the said Thomas COTTRELL his heirs or assigns and the same Thomas COTTRELL shall and within lien and recompense of such part of the said building closses10 and enclosed lands as doth or might belong unto him or them by force or venture 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 Maystonefield alias Chinleys PROVIDED never the less and upon condition and the true intent and meaning of all the said parties to these present is That if the said Thomas COTTRELL his heirs executors administrators or assigns or some or one of them do not well and truly satisfy and pay or cause to be satisfied and paid unto the said Raphe GEE his executors administrators or assigns or some or one of them the said some of Ten pounds of lawful English money in and upon the said feast day of St Michael the Archangel which shall be in the said year of our Lord God One Thousand Six Hundred and Thirty at or in the said now dwelling house of the said Raphe GEE situated and being in the said Parish of Chapel-en-le-Frith in the said County of Derby and the like some of Ten pounds of like lawful English money in and upon the feast day of St Michael the Archangel which shall be in the year of our Lord God One Thousand Six Hundred Thirty one at or in the place aforesaid that then and immediately therefore thy that is to meet from and after default of payment of any of the said several sums of Ten pound and Ten pound or of either of them or of any part thereof at any of the several days and place in that behalf aforesaid had or made this present indenture xxxxxx and every matter article and thing therein contained shall be merely and utterly frustrate and void and also that then and from thenceforth it shall and may be lawful to and for the said Raphe GEE his heirs and assigns and every of them into all and every the said premises formerly in or by these present granted bargained and sold and meant mentioned and agreed to be herein and hereby granted bargained or sold to Re-enter and the same and every part thereof with the appurtenance to retain repossess and have again as his or their former estate This Indenture or anything therein contained or any other matter thing or cause whatsoever to the contrary thereof in any wise notwithstanding AND THAT from and after such default of payment of the said several sums of Ten pound and Ten pound or of either of them or of any pare of them or of any of them as aforesaid these present and all assurance whatsoever hereafter to be had or made of the same last mentioned premises or any part thereof shall be and so forever thenceforth shall be divided deemed and taken to be to the only sole and proper use and behouf6 of the said Raphe GEE his heirs and assigns forever according to the true intent and meaning of all the said parties to these present and to no other use whatsoever AND THE SAID Raphe GEE is contented and agreed for himself his heirs executors and administrators and every of them for and upon the considerations aforesaid do the further covenant promise and grant to and with the said Thomas COTTRELL his heirs executors and assigns and every of them by these present that if the said Thomas COTTRELL his heirs executors administrators or assigns or any of them shall and do well and truly satisfied and pay or cause to be satisfied and paid unto the said Raphe GEE his executors administrators or assigns or any of them the said several sums of Ten pound and Ten pounds of lawful money of England at the several day’s time and place and in manner and form as the same are in that behalf herein formerly limited meant or mentioned in or by the provision or condition aforesaid to be satisfied and paid as aforesaid and according to the true intent and meaning of these present that then and at all times during and within the space of six months then next ensuing he the said Raphe GEE and his heirs and every of them shall and will at and upon the Reasonable request or requests costs and charges of the said Thomas COTTRELL his heirs or assigns or any of the do make and execute unto the said Thomas COTTRELL his heirs or assigns or any of them all and every such release or releases a quittance or other discharge or discharges As well of and for the said mentioned sums of Ten pounds and Ten pounds as also of for and concerning the said conditional provision limitation or clause of re-entry former lie in these present comprised or contained and of and for all and every right title claim and demand whatsoever of the said Raphe GEE and his heirs of in or to the premises formerly in or by these present bargained and sold or meant or intended to be herein or hereby granted bargained or sold and every or any part thereof as by the said Thomas COTTRELL his heirs or assigns or any of them or by their or any of their counsel learned in the Law shall be in that behalf lawfully and reasonably devised or advised for the doing making or executing whereof the said Raphe GEE or his heirs or any of them shall not be enforced to travel further or otherwise then as for him and his heirs is before specified and so as the same do not extend to any further warranty then only against him the said Raphe GEE and his heirs and all present claiming in by from or under the title of the said Raphe GEE or his heirs IN WITTNESS whereof the said parties have hereunto Interchangeable put their hands and seals the day and year first above written xxxxxxx

NOTES:

  1. Neighbor-ship – community.
  2. Eightscore – archaic One Hundred and Sixty (160)
  3. Maystonefield alias Chynileys alias Chynleys – 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).
  4. Revercion – 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. Demesne – in the old feudal system was all the land, not necessarily all contiguous to the manor house.
  6. Behouf – Behoofe; Behoufe; Old English behōf; related to Middle High German behuof meaning something useful.
  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. Ffeoffment – 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.
  10. Closse (Close) of land is an old English term for an estate.
  11. Duchy of Lancaster is one of the two royal duchies in England, the other being the Duchy of Cornwall. The Duchy of Lancaster was created for John of Gaunt, a younger son of King Edward III of England. As the Lancaster inheritance it goes back to 1265. The duchy is not the property of The Crown, but is instead the personal (inherited) property of the monarch and has been since 1399. (Wikipedia).
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