THOMAS GEE OF LYDGATE – 1604

This is the original indenture made between Thomas Bagshaw of the Ridge and Thomas Gee of Lydgate for the purpose of Lydgate Farm.

INDENTURE THOMAS GEE OF LYDGATE – 1604:

 File Number D3470-9-1

THIS INDENTURE MADE the twentieth day of July xxxxxxx 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 Etc: The fourth and of Scotland the nine and fiftieth. Between Thomas BAGSHAWE of the Ridge in the County of Derby; gentleman; of the one party; and Thomas GEE of LYDGATE in the same County of Derby; yeoman; of the other party; WITTNESSETH that the said Thomas BAGSHAWE for Diverse good and valuable causes and considerations him thereunto moninge [to cause sorrow or lament]  and especially for and in considerations of the sum of fourscore1 pounds   x//x//x//x//x//x//x//x//x//x//x//x//x//x//x//x//x//x//x of good and lawful money of England to him in land paid by the said Thomas GEE before the sealing and delivery of these presents whereof he acknowledged himself to be fully satisfied and thereof and of every part thereof doth clearly acquit exonerate and discharge the said Thomas GEE his heirs executors and administrators and every of them forever by these present and for and in consideration of the sum Two hundred Thirty Seven Pounds Fifteen Shillings Ten Pence ob ~ of good and lawful money of England hereafter to be paid by the said Thomas GEE unto the said Thomas BAGSHAWE his executors administrators and assigns or to some of them in such manner and form as hereafter in these present is expressed: HATH Granted Bargained Aligned and Sold and by these present for him and his heirs doth fully clearly and absolutely Grant Align Bargain and Sell unto the said Thomas GEE his heirs and assigns forever All that Messuage Tenement called or known by the name of LYDGATE with the Appurtenance now or late in the tenure or occupation of the said Thomas GEE or of his assigns: And all Closses2 Meadows Leassomes3 Pastures Soddings4 Lands Tenements Commons and Hereditaments whatsoever with these and every of their appurtenances to the  said Messuage or Tenement belonging or in any way appertaining or therewith now or at any time heretofore possessed occupied or made as thereunto appertaining or belonging now or later in the tenure or occupation of the said Thomas GEE his assigns or assigns and lying and being in the Parishes of  Chapel-en-le-Frith and Glossop or in Either of them in the said County of Derby: And also all that messuage or tenement with appurtenances commonly called or known by the name of the Silkhill [Farm] now or late in the tenure or occupation of John BENNETT the younger or of his assigns and all  closses2 meadows Leassomes3 pastures soddings4 lands tenements commons and hereditaments whatsoever with them and every all their appurtenances to the said Messuage or Tenement belonging or in any way appertaining or therewith all now or at any time heretofore  possessed  occupied or mioyed [moiety?]5 as thereunto appertaining or belonging now or Late in the tenure or occupation of the said John BENNETT the younger his assigns or assignees and lying and being in the parishes of Chapel-en-le-Frith and Glossop or in either of the said County of Derby And the Revercion6 and revercions6 remainder and remaining of all and Singular the said hereditaments and  premises and of every part thereof with the appurtenances with all and every the yearly rent and service reserved payable to Henry LEIGHE; Esquire; (whose in heritance the premises late went) upon all and every demesne7 or 7, Lease or Leases of the premises or of any part or parcel thereof made or which are payable or of which ought to be payable to the said Thomas BAGSHAWE PartyTo these present and also all and singular deeds or indented [fee simple?] [under my hand and seal bearing date]  and concerning only the said Messuage Lands Tenements and Hereditaments or any part and parcels thereof with the said Thomas BAGSHAWE now latter or made Lawfully come by within  part in Law or expense of money All and every with said goods evidence of receipt minutes and writing afore specified concerning only the premises or only any part or parcels thereof or such and so many of them as he the said Thomas BAGSHAWE now hath or with any other person or persons by his delivery or means or to his use late or have and which he may lawfully come by or get without suite In Law or expense of money, together also with true prepayment of all such other goods evidence receipt minutes  and writing whatsoever which do for-wiih or concern the said hereditament and premises or any part thereof jointly or together with any other Lands and Hereditaments and which he the said Thomas BAGSHAWE now hath or any other person or persons by his delivery or means or to his use hath or have and which he may Lawfully obtain come by or get without into in Law as aforesaid, the same copies to be had and made at the charge of the said Thomas GEE his heirs or assigns, he the said Thomas BAGSHAWE for himself his heirs executors and administrators and every of them doth covenant promise and grant to and with the said Thomas GEE his heirs and assigns and every of them to deliver or cause to be delivered unto the said Thomas GEE his heirs or assigns on his side and before the feast day of St James the appurtenance which shall be in the year of our Lord One Thousand Six Hundred Eight [1608] at or upon his or their or any of their Request or Request thereof whole safe uncancelled and not defaced or in as good sort and plight as they shall be wherein they shall be delivered unto him the said Thomas BAGSHAWE by the said Henry LEIGHE: TO HAVE and to hold the said Messuage Lands Tenements and Hereditaments and all other the said premises and every part thereof with the appurtenances to the Said Thomas GEE his heirs and assigns forever to and for the only sole and proper use and belong all the said Thomas GEE his heirs and assigns forever: under and upon nevertheless the provision or condition hereafter in that  behalf herein ensuing that is to Witt: PROVIDED always and upon condition that if the said Thomas GEE his heirs executors administrators or assigns or some of them shall not or do not well and truly satisfy and  paid or cause to be satisfied or paid unto the said Thomas BAGSHAWE his executors administrators or assigns or to some or one of them the full some of 2000 Hundred Thirty Seven Pounds Fifteen Shillings Ten Pence Half Pence of good and lawful money of England in manner and form following:  That is to Witt: The sum of fourscore1 and eighty pounds xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxof lawful money of England at or upon The thirtieth day of August next on being after the date of these present:  the sum of Fifty Two Pounds Seventeen Shillings Eleven Pence Farthing:  of Like Lawful money of England At or upon the two and twentieth day of February now next ensuing after the date of these present: The sum of Forty Four Pounds  xxxxxxxxxxxxxxxxxxx of like lawful money of England at or upon the thirtieth day of August which shall be in the year of our Lord God One Thousand Six Hundred and Seven [1607]: And the sum of Fifty Two Pounds Seventeen Shillings Seven Pence Farthing of like lawful money of any kind at or upon the two and twentieth day of February which shall be in the year of Lord God One Thousand Six Hundred and Seven [1607].  All and every the said several payments to be had and made in manner and form aforesaid at or in the home mansion or now dwelling  lane of the said Thomas BAGSHAWE [there are 5 or 6 words here that are smudged and cannot be deciphered] by the name of the Ridge before the hour of nine of the clock in the forenoon and three of the clock in the afternoon of the said several days of Payment: That then and from thenceforth from and after any such default of Payment of the said several sums of money or of any of them or of any part and parcel of them or any of them had or made at any of the days or times in that behalf before mentioned it shall and may be Lawful to and for the said Thomas BAGSHAWE and his heirs and to and for every of them unto the said Messuage Tenements and all and singular the premises and in to every or any parts or parcels thereof with the appurtenances to reenter  and the same and every part thereof to have again Retained and kept as in his or their former estate anything in these presents contained or otherwise to the contrary in anyway Notwithstanding; AND the Said Thomas BAGSHAWE for himself his heir’s executors and administrators and every of them doth covenant and grant to and with the said Thomas GEE his heirs and assigns and to and with every of them by these present: That the said Thomas GEE his heirs and assigns and every of them so that there be no default of payment hereafter had or made of the said sum of Two Hundred Thirty Seven Pounds Fifteen Shillings and ob ~ or of any part thereof at any of the days or times for the Payment thereof herein before mentioned shall and may from time to time and at all times forever hereafter peaceably and any of his have should occupy and enjoy all and every the said Messuage Lands Tenements and Premises and every part thereof which the appurtenances [one word is on the fold] Any lott sute trouble molestation interruption disturbance or eviction of the said Thomas BAGSHAWE his heirs or assigns or any of them or any other person or persons whatsoever fully having or claiming to have any estate title interest claim or demand whatsoever of out of in or to the same or of and of in or to any part thereof by from or under him or them or any of them or have fully having or hereafter claiming to have any estate claim Interest claim or demand whatsoever of out of in or unto all and every other any the said Messuage Land Tenements Hereditaments and Premises by or under any lease. Heretofore made by Henry LEIGHE of Egginton in the County of Derby; Esquire; of any or rents unto Matthew SMALE of Paddington in the County of  Middlesex; esquire; of any or and Roberte  HOPE of Burn Aston in the County of Derby; Gentleman; in or by one indenture ——– bearing the Nineteenth day of November Last past before the date of these present: And made Between the said Henry LEIGHE of the First Part: the said Matthew SMALE Robert HOPE of the Second Part: and the said Thomas BAGSHAWE of the Third Part: AND further also that the said Messuage Lands Tenements and Hereditaments before mentioned every part thereof with the appurtenances now Are and by so at all times after even hereafter Shall and may continue remain and be unto the said Thomas GEE his heirs and assigns forever even free clear and clearly acquitted exonerated and discharged or after wise Upon reasonable request well and sufficiently saved and kept harmless by the said Thomas BAGSHAWE his heirs executors or administrators or some or one of them if not Default of payment be hereafter had or made of the said some of Two Hundred Thirty Seven Pounds or of any part thereof of for from and concerning as well the said rent or mentioned lease heretofore made to the said Matthew SMALE and Roberte HOPE be by the said Henry LEIGHE and the interest thereby or by or under the same in any wise varied devised had or made as also all and every form in and other Bargains —ts Grants Leases Estates Joyntures toward by this of toward [there is a fold in the paper and several words are undecipherable] Indemnity execution [there is a fold in the paper and several words are undecipherable] Hereafter to be committed had made done acknowledged levied suffered or exempted by the   [there is a fold in the paper and several words are undecipherable] Whatsoever having or have lawfully claiming to have any Estate Right Title ——– Claim or Demand whatsoever of in out of or for the said Hereditaments or Premises or of  in out of Or to any Part or Parcel to thereof or from or under them or any of them the rent –ith and —To be from here forth due or payable for the premises or for any part thereof unto the [wife?] Lord or Lords of the fee or fees thereof if any such there be only and ever excepted p-y-ed AND further also that he the said Thomas BAGSHAWE and Elizabeth his wife And the survivor of them and such the heirs of the said Thomas BAGSHAWE as shall happen to be so of full age from time to time and of all times during and within the space of Seven years next ensuing after the date of these present: And in case of the Said Thomas BAGSHAWE his heir or heirs being under age then Such Heir or heirs within the space of three years next after his or their full age and twenty years accomplished respectively shall and will at and upon the Reasonable request or requests —tes And charges of the said Thomas GEE his heirs executor or assigns or any of them do make Knowledge levy suffer and execute and cause To be done made acknowledged levied suffered and executed all and every such —-thered other act and acts thing and things devises conveyance and assurance in the Law Whatsoever for the further better and more assured surety sure-making conveying and assuring of all and every the said Messuage Land and Premises and of every Part thereof with the appurtenance unto or for the sole and proper use and belong of said Thomas GEE his heirs and assigns in  manner and form as aforesaid as by or on the Behalf of the said Thomas GEE his heirs or assigns or any of them or by their counsel in that behalf shall be reasonable devised or advised, be if or they by Fine or fines whereupon proclamations shall or may in due form of same belayed ffeossam8 or ffeossams8 recovery or recoveries with voucher or vouchers over deed or deeds enrolled or not enrolled enrollment of these present release or ———- [without?] warranty or with warranty only against the said Thomas BAGSHAWE his heirs or Assigns and assigns the said Matthew SMALE and Robert HOPE their and of their heirs assign and assigns or by all or any of the said ways or means or by any lawful Way or means whatsoever —- such warranty or otherwise without warranty as is aforesaid all the election or choice of the said Thomas GEE his heirs or assigns for The doing making knowledge or executing whereof —— —– the said Thomas BAGSHAWE Elizabeth his wife and heirs of the said Thomas BAGSHAWE or…………….

NOTES:

  1.  Fourscore – archaic Eighty (80); the cardinal number that is the product of Ten and Eight.
  2. Closse (Close) of land is an old English term for an estate.
  3. Leassomes – lea or leas middle English for an open field or meadow; legh, lege, lei clearing, open ground from old English “Léah” clearing in a forest from Proto-Germanic “Lauhó (meadow). (Etymology).
  4. Soddings – an area of soil covered by turf or roots or held together by roots.
  5. Moiety – legal term to describe a portion other than a whole of ownership of property. In middle English the word describes one of two equal parts.
  6. 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.
  7. Demesne – in the old feudal system was all the land, not necessarily all contiguous to the manor house.

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. Ffeossam may be a misspelling or a derivative of this word.

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