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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/37130-0.txt b/37130-0.txt new file mode 100644 index 0000000..29f999b --- /dev/null +++ b/37130-0.txt @@ -0,0 +1,2022 @@ +The Project Gutenberg EBook of Sheffield and its Environs 13th to the 17th +century, by Thomas Walter Hall + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Sheffield and its Environs 13th to the 17th century + A descriptive catalogue of land charters and other documents + forming the Brooke Taylor collection + +Author: Thomas Walter Hall + +Release Date: August 20, 2011 [EBook #37130] + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK SHEFFIELD AND ITS ENVIRONS *** + + + + +Produced by Brownfox and the Online Distributed Proofreading +Team at http://www.pgdp.net (This file was produced from +images generously made available by The Internet Archive) + + + + + + + + + +Sheffield and its environs 13th to the 17th century + + +A DESCRIPTIVE CATALOGUE OF + +Land Charters & Other Documents + + +FORMING THE BROOKE TAYLOR COLLECTION + + +RELATING TO THE OUTLYING DISTRICTS OF SHEFFIELD + + +WITH 16 GENEALOGIES AND AN ARTICLE ON Hawksyard + + +COMPILED BY T. WALTER HALL HON. M.A. (SHEFFIELD) F.R.HIST.S. + + +SHEFFIELD +PRINTED AND PUBLISHED BY J. W. NORTHEND LTD., WEST STREET +1922 + + + + +TO + +THE UNIVERSITY OF SHEFFIELD + + + + +WORKS RELATING TO THE HISTORY OF SHEFFIELD AND ITS ENVIRONS. + + +SHEFFIELD PEDIGREES volume I, by T. WALTER HALL. Containing nine +genealogies with notes. + + Published _1909_, now out of print. + + +CATALOGUE OF THE CHARTERS, DEEDS, AND MANUSCRIPTS IN THE PUBLIC REFERENCE +LIBRARY AT SHEFFIELD, by T. WALTER HALL; with Introductory Note by Mr. R. +E. LEADER and photographic reproduction of early 14th century Derbyshire +charter. + + Published _June 1912_. Price 2/-. + + +CATALOGUE OF THE ANCIENT CHARTERS BELONGING TO THE TWELVE CAPITAL +BURGESSES AND COMMONALTY OF THE TOWN AND PARISH OF SHEFFIELD, WITH +ABSTRACTS OF ALL SHEFFIELD WILLS PROVED AT YORK PRIOR to 1554, by T. +WALTER HALL; with over 100 local genealogies and 4 photographic +reproductions of early Sheffield seals and an early 15th century +Sheffield charter. + + Published _May 1913_. Price 2/6. + + +DESCRIPTIVE CATALOGUE OF THE CHARTERS, ROLLS, DEEDS, PEDIGREES, +PAMPHLETS, NEWSPAPERS, MONUMENTAL INSCRIPTIONS, MAPS, AND MISCELLANEOUS +PAPERS, FORMING “THE JACKSON COLLECTION,” AT THE SHEFFIELD PUBLIC +REFERENCE LIBRARY, by T. WALTER HALL and A. HERMANN THOMAS: with +Prefatory Note by Dr. HENRY JACKSON, O.M., Regius Professor of Greek and +Fellow of Trinity College, Cambridge, and five photographic reproductions +of ancient local documents. + + Published _July 1914_. Price 5/-. + + +SHEFFIELD PEDIGREES volume II, contributed by Messrs. J. B. +MITCHELL-WITHERS, H. P. MARSH, R. E. LEADER, S. O. ADDY, W. S. PORTER, C. +DRURY, and T. WALTER HALL. Containing 16 genealogies with notes. + + Published _January 1915_. Price 5/-. + + +DESCRIPTIVE CATALOGUE OF MISCELLANEOUS CHARTERS AND OTHER DOCUMENTS +RELATING TO THE DISTRICTS OF SHEFFIELD AND ROTHERHAM, WITH ABSTRACTS OF +WILLS PROVED AT YORK FROM 1554 to 1560; by T. WALTER HALL, with 315 local +genealogies and six photographs of medieval charters, &c. + + Published _September 1916_. Price 5/-. + + +THE PARISH REGISTER OF SHEFFIELD. Part I. BAPTISMS AND MARRIAGES, 1560 to +1635. Transcribed and edited by CHARLES DRURY and T. WALTER HALL of +Sheffield; indexed by JOHN CHARLESWORTH of Wakefield. Privately printed +for The Hunter Archæological Society of Sheffield and The Yorkshire +Parish Register Society. + + Published _1917_. Price 10/6. + + +THE PARISH REGISTER OF SHEFFIELD. Part II. BURIALS 1560 to 1635; BAPTISMS +AND MARRIAGES 1635 to 1653. Transcribed and edited by CHARLES DRURY and +T. WALTER HALL of Sheffield, and indexed by T. WALTER HALL. Privately +printed for The Hunter Archæological Society of Sheffield and The +Yorkshire Parish Register Society. + + Published _1918_. Price 10/6. + + +DESCRIPTIVE CATALOGUE OF THE CHARTERS, COPY COURT ROLLS AND WILLS IN “THE +WHEAT COLLECTION,” AT THE SHEFFIELD PUBLIC REFERENCE LIBRARY; AND ALSO +CHARTERS FROM OTHER LOCAL COLLECTIONS, WITH ABSTRACTS OF SHEFFIELD WILLS +PROVED AT YORK FROM 1560 to 1566; by T. WALTER HALL; with 285 local +genealogies, and a Prefatory Note by Mr. HUBERT HALL, of H.M. Public +Record Office, F.S.A., and two photographic reproductions of local +charters of the 13th century. Appendix containing a list of boys who went +to Broombank House School, Sheffield, with a biographical note on the +reverend THOMAS HOWARTH, M.A. + + Published _August 1920_. Price 5/-. + + +THE PARISH REGISTER OF SHEFFIELD. Part III. BURIALS 1635 to 1653; +BAPTISMS AND MARRIAGES 1653 to 1686. Transcribed and edited by CHARLES +DRURY and T. WALTER HALL, F.R.Hist.S. Privately printed for The Hunter +Archæological Society of Sheffield and The Yorkshire Parish Register +Society. + + Published _1921_. Price 10/6. + + +MATERIAL FOR THE HISTORY OF WINCOBANK, SHEFFIELD, by T. WALTER HALL, +F.R.Hist.S.; with plan of 1692 and 31 local genealogies. + + Published _December 1921_. Price 3/-. + + +DESCRIPTIVE CATALOGUE OF THE BROOKE TAYLOR COLLECTION OF EARLY CHARTERS +AND DEEDS RELATING TO OUTLYING DISTRICTS OF SHEFFIELD by T. WALTER HALL, +Hon. M.A. (Sheffield), F.R.Hist.S.; with genealogies and photographic +reproductions of charters and seals. Appendix containing an article on +Hawksyard near Buxton; with its John of Gaunt hawking tradition and +medieval history; reprinted from _Transactions_ of The Hunter +Archæological Society of Sheffield. + + Published _October 1922_. Price 5/-. + + +THE PARISH REGISTER OF SHEFFIELD. Part IV. In the Press. + + Price 10/6. + +The above publications can be purchased from J. W. NORTHEND LIMITED, WEST +STREET, SHEFFIELD. + + + + +PREFACE + + +My thanks are due to Colonel H. Brooke Taylor, for permission to search +his chambers in the Town Hall at Bakewell for hidden treasure, in the +shape of pre-reformation land charters court rolls and the like; to Mr +Robert Shirley of Waterhouse Farm near Longnor, for a sight of his title +deeds to Hawksyard; to his son Mr Edwin Leslie Shirley of Hawksyard, for +a very pleasant visit to his ancestral home in The Moorlands of +Staffordshire, with its medieval tradition and interesting associations; +and to Mr James R. Wigfull, for an excellent little map of Hawksyard and +the surrounding country. + +It is only through the kindness and good nature of others, that a +systematic search for local history can proceed and although +contributions accumulate in small quantities, there is no more fruitful +or reliable source of information, as to people and places of bygone +days, than the land charters and court rolls covering the period from the +Domesday survey to the reformation. + +Many bundles of old title deeds, unopened for centuries, yet lie hidden +in out-of-the-way corners and on inaccessible shelves; it should be part +of the work of every archæological society to extract from all available +deeds, relating to its own district, whatever useful history they may +contain. + +Every countryside, every village and every town becomes a more +interesting place to its inhabitants, when its history is known. The +names of persons and places become intelligible, dates and letters on +buildings can be accounted for, disused bridle roads and paths can be +traced, the heraldry of the stained glass in the church and of the +tombstones in the churchyard can be read with understanding, local +genealogies can be extended and long cherished family traditions can +often be verified or explained. + +It is therefore of importance that whenever these ancient writings make +their appearance, there should be some person or association of persons +ready and willing to examine them, not only with the object of extracting +any local history they may contain, but also of recording it in a form +suitable for future reference. + + T. WALTER HALL. + +[Illustration: _Photo Ethel Eadon_ + +Before 1290. =Charter= of Jordan de Pickeburne. (Brodsworth near +Doncaster)] + + + + +The Brooke Taylor Collection. + + +I + +13th century. Prior to the statute _Quia Emptores_, 18 Edw I (1290). +=Charter= (Lat) confirming a grant from Jordan son of Thomas de +Pickeburne to Gilbert Cook of Rickehale, for a certain sum of money, +which he gave to the grantor by hand as a fine (_in gersumma_), of one +acre of land and a half, with the appurtenances, in the north field of +Pickeburne at the green hill, lying between the proper land of the +grantor on the one part and land which Jordan Wlm' formerly held on the +other part; of which one end butted upon the field of Hanepol and the +other end on land of Sir Marmeduke Darel; and also a plot of meadow +ground in the meadows of Pickeburne; to wit, it lay in length and in +breadth one rod and three quarters, between the meadow of the fee of +Rockelay and the meadow of Robert Knouẏs, of which one end butted upon +the south cave (_antrum australe_) and the other end upon the north cave +(_antrum boreale_); to hold and to have of the grantor and his heirs to +the said Gilbert and his heirs or whomsoever; and howsoever and +whatsoever time he should wish to give, to bequeath, to assign or to +sell, in fee and inheritance free quietly peacefully and entirely; with +all rights of common, easements, liberties and appurtenances, without +reservation; paying thenceforth annually to the grantor and his heirs one +halfpenny of silver on the day of saint John the baptist, for all secular +services, exactions, taxes, suits of court and demands; warranty of title +etc. =Witnesses=: Helias de Scauceby, Thomas his son, Henry of the same +place, William Joye of Pickeburne, Hugh son of Beatrice, Thomas Fossard +of the same place (_sic_), William de Fonte. =Vellum=: one skin 6½ × +4, seal missing. =Notes=: this interesting charter, of which a +photographic reproduction is given as a frontispiece, is in perfect +condition, except that the seal is missing. It is a subinfeudation of +lands in the township of Pickburn-with-Brodsworth, in the parish of +Brodsworth and wapentake of Strafforth, four miles north-west of +Doncaster; for which Gilbert Cook paid a gersuma or fine to Jordan de +Pickburn. In the reign of Edward the confessor, Pickburn was part of the +lands of Alsie the Saxon lord; but after the conquest it was held by +Nigel Fossard under the earl of Morton, who accompanied William from +Normandy in his successful invasion of England. The earl subsequently +forfeited his English possessions and Nigel Fossard, his subinfeudatory, +came to be acknowledged tenant of the crown. Gilbert Cook may have been +descended from Alberus de Coci (Cook), who after the conquest held +Hickleton and part of Cadeby. No trace of Rickehale can be found. Jordan +Wlm' is clearly written, probably it is a contraction of Woolmer? + +Hanepol is mentioned in Domesday, it was a manor before the conquest, +belonging to Swein. The modern name is Hampole and it lies about two +miles north of Pickburn. + +Sir Marmeduke Darel was living 31 Hen III (1247), in which year he had a +charter of free warren at Brodsworth. The Darels got Brodsworth from the +de Buslis; they continued in possession from the beginning of the 13th to +the beginning of the 16th century; the last of the Darels being Sir +Thomas, who died without issue 23rd November 1505; see “South Yorkshire” +vol I, page 315. + +The fee of Rockley was in Worsborough and this land near Pickburn must +have adjoined part of that fee. The Rockleys were settled in Worsborough +at the time of the conquest and continued in undisturbed possession until +the civil wars. Knouẏs may in later times have been Knovis. Scauceby +now Scawsby, lies two miles south-east of Pickburn. It appears to have +been a more important place in Saxon times than it is to-day. It is +mentioned in Domesday as Scalchebi. Helias may mean Ellis. The surname +Joye has a small i for the initial letter. + +Nigel Fossard above mentioned was, after the death of the earl of Morton, +one of several landowners in the deanery of Doncaster who held direct +from the crown; his fee included lands at Brodsworth and he also had a +house at Doncaster; but his baronial seat was Mulgrave Castle in north +Yorkshire. + +William de Fonte was probably the prior of Ecclesfield, which priory +belonged at the date of this charter to the abbey of Fontenelle or saint +Wandrille in Normandy. + +Probably William de Fonte engrossed this charter and added his name as +the last witness, which was a common practice of monks and scriveners. + +Judith, niece of William I and wife of earl Waltheof lord of Hallam, +placed a colony of monks from Fontenelle at Ecclesfield; probably in the +11th century, as she was married in 1070; see “Archæologia” vol 26, page +352. From charter-evidence it is certain that the priory was in existence +in 1141. From this it may be assumed that this beautifully written +charter had its origin in Ecclesfield priory, and was taken by prior +William to Pickburn, where the other witnesses would meet, to see +possession of the land given and the grant confirmed by deed. + +=Genealogy deduced.= + + (i) + THOMAS DE PICKEBURNE = ...... + │ + JORDAN + both living shortly before 1290 + + (ii) + HELIAS DE SCAUCEBY = ...... + │ + THOMAS + both living shortly before 1290 + + +II + +13th century. Prior to the statute _Quia Emptores_, 18 Edw I (1290). +=Charter= (Lat) confirming a grant from William de Mertone to Henry son +of Roger Palmer, of one toft in the town of Mertone and two acres of his +land; that toft and those acres which Roger his son formerly held of him +to the end of all things; to wit, the said Roger the said land either +held or retained, for homage and services; to have and to hold to him and +his heirs or assigns, from him (the grantor) or his heirs, freely quietly +and entirely, with all liberties and easements, so much land in the town +of Mertone, with the appurtenances; paying thenceforth annually himself +or his heirs or assigns to him (the grantor) and his heirs, one pound of +cummin at the feast of saint Michael the archangel, for all services +exactions and demands; and he William and his heirs, the said land, with +the appurtenances, to the said Henry and his heirs or assigns, against +all men and women, did warrant for ever. =Witnesses=: Richard de +Thorintone, Adam de Pultone, James de Poltone (_sic_), Henry de +Karletone, Roger son of John de (?)aynol, Emery (_Aumaricus_) de +Lekamtone and others. =Vellum=: one skin 6½ × 3, portion of a green +seal, obscure. =Notes=: the form of the deed necessitates a date prior to +18 Edw I; and it is only by the names of the persons mentioned in the +charter that the approximate date can be fixed. Mertone is an early form +of Marton or Markeaton, two miles north-west of Derby, Richard le Palmer +was a witness to a lease of a house in Markton (Markeaton) temp Edw I, +see Jeayes “Derbyshire Charters”, number 1651, page 205. The words “about +1275” are written on the back of the charter, in a hand of later date. + +=Genealogy deduced.= + + ROGER PALMER = ...... + │ + HENRY + both living shortly before 1290 + + +III + +=1310= Monday next before the feast of All Saints (1st November). +=Charter= (Lat), dated at Kenwortheẏ, confirming a grant from William +Nolbildon (?) and Margery his wife to William de Baggyleigh and his +heirs, of one messuage and five acres of land, with the appurtenances, in +Norworthen and Kenwortheẏ, without any reservation; to have and to +hold to him and his heirs, of the chief lord of the fee, by services +thenceforth owing and accustomed; freely quietly well and in peace, with +all liberties and easements to the said land, in the town of Norworthen +and Kenwortheẏ howsoever described; they, the said William and Margery +and their heirs, all the lands aforesaid with the messuage aforesaid and +with all their appurtenances, situated as before written, to the said +William (Baggyleigh) and his heirs and assigns, against all men did +warrant and defend. =Witnesses=: Robert de Masey of Sale, Robert de +Tatton, Richard de Kogworth, Richard de Brounehul, Roger de +Kenwortheẏ, Robert del Cley (?) clerk. =Vellum=: one skin 8½ × +2¼, two seals missing. =Notes=: this is a grant of land in Northenden +in the hundred of Macclesfield, Cheshire. It is on the south bank of the +river Mersey, seven miles south of Manchester. Withenshaw Hall is the +ancient family seat of the Tattons, who were lords of the manor. See +Ormrod’s “History of Cheshire” volume iii, pages 604 to 611. + +=Genealogy deduced.= + + WILLIAM NOLBILDON = MARGERY + both living 1 Nov 1310 + + +IV + +=1332= Tuesday in the feast of the translation of saint Dunstan (7th +September). =Quitclaim= (Lat), dated at Kenwortheẏ, from Emma daughter +of Richard de Macworth to Sir William de Baggelegh knight and his heirs, +of all her right and claim in all lands or tenements, with their +appurtenances, which she had of the gift and testament (?) of Roger del +Tatton (?) in Kenwortheẏ in the town of Nortworhtheẏ (_sic_) with +the annual rent for the said lands. =Witnesses=: Roger le Masey of Sale, +John de Carmarthon, William de Tatton, Thomas del Brome, Adam Lobias. +=Vellum=: one skin 8 × 3, seal missing. =Notes=: the writing is much +faded in places. + +=Genealogy deduced.= + + RICHARD DE MACWORTH = ...... + │ + EMMA + living 7 Sep 1332 + + +V + +=1353= Sunday next after the feast of saint Adelmus the confessor (25th +May). =Agreement= (Lat), dated at Northworthẏn between William de +Tatton of the one part and Robert his son of the other part: to wit, that +the said William as witness (_superstes_) gave and granted for all his +life to the said Robert his heirs and assigns, all his messuages lands +and tenements, rents and services, which he had etc in the town of +Northworthẏn Kenwortheẏ and Wythynschagh, with all their +appurtenances, except so much of those lands and tenements which Thomas +Medock the miller (?) held from the said William for a term of years, in +the town of Northworthẏn, with the appurtenances; to have and to hold +to the said Robert his heirs and assigns freely quietly etc, for all the +life of the said William; of the chief lord of that fee, for services +thenceforth due and of right accustomed; provided that the said Robert +should maintain and order for the said William, during the life of +himself William, suitable and sufficient sustenance; and if it happen +that the said Robert, during the life of the said William his father, +should die, the said William agreed (?) that all the said lands and +tenements rents and services, with the appurtenances, for the time of the +life of him, to him should return revert and remain, except those lands +and tenements in Wythynshagh, with the appurtenances; to wit, those +tenements which the said William first held, which lands and tenements +with the appurtenances, the said William granted and gave, which during +the life of himself William would remain in the possession of Sybil wife +of the said Robert and her relations, for their maintenance. =Witnesses=: +William de Hynckley parson of the church of Northworthẏn, Richard de +Baggelegh, Richard de Brom, William son of Richard de Tatton, John son of +Roger (?) de Kenwortheẏ. =Vellum=: one skin 9 × 3½, seal missing. + +=Genealogies deduced.= + + (i) + WILLIAM DE TATTON = ...... + │ + ┌───┘ + │ + ROBERT = SYBIL + all living 25 May 1353 + + (ii) + RICHARD DE TATTON = ...... + │ + WILLIAM + both living 25 May 1353 + + (iii) + ROGER DE KENWORTHEY = ...... + │ + JOHN + both living 25 May 1353 + + +VI + +=(1391)= Sunday next before the feast of saint Martin in winter (11th +November), in the 15th year of Richard II. =Charter= (Lat) dated at +Wythinschawe, confirming a grant from Robert de Tatton senior to John son +of Robert de Legh and John de Rossyndale chaplain, of all his messuages +lands and tenements with the appurtenances, in Wythinschawe in the town +of Kenwortheẏ, which Margaret, who was the wife of Robert de Tatton +junior, Robert Dukhard (?) parson of the church of Northdene, Richard del +Brome and William de Kenwortheẏ held from the grant of him (Robert de +Tatton senior), for the term of his life, in the town aforesaid, to have +and to hold all the said messuages lands and tenements, with all lands +houses meadows feedings and pastures and other their appurtenances; and +also with forty three shillings and four pence annually, at the feast of +the nativity of saint John the baptist, and saint Martin the bishop, by +equal portions; for the said Margaret, Robert Dukhard (?) Richard and +William, during his (the said Robert de Tatton senior) life, in advance, +freely quietly well and in peace, with all profits liberties turbaries +common of pasture and other easements to the said lands and tenements +wheresoever, belonging and in the said town existing and to the same, of +whatsoever manner, to be firmly held: of the chief lord of that fee, for +services thenceforth owing and of right accustomed; warranty of title +etc. =Witnesses=: Peter de Legh then steward of Macclesfeld, William de +Legh chevalier, John de Honford (?), Richard de Brome, William de Ken'. +=Vellum=: one skin 9½ × 3¼, seal missing. + +=Genealogies deduced.= + + (i) + ROBERT DE TATTON = ...... + senior │ + │ + ┌───┘ + │ + ROBERT = MARGARET + junior + all living 11 Nov 1391 + + (ii) + ROBERT DE LEGH = ...... + │ + JOHN + both living 11 Nov 1391 + + +VII + +=1399= May 15th. =Deed of covenant= (Lat) given at Lancaster Castle and +made between John Gaunte duke of Lancaster fourth son of King Edward the +third and Edward Mundy of Marton in the county of Derby knight; whereby, +after reciting a visit of John Gaunte to Highe Frith in the parish of +Alstonefield in the county of Stafford, on the 10th May 1399, for the +purpose of hawking; the said John Gaunt (_sic_) gave and delivered to the +said Edward Mundy, a piece of land, to which the said John Gaunt gave the +name of Hawkesyerd otherwise Hawksearth. The boundaries of the land are +given in detail and also the names of some of the fields and the +adjoining farms and grouse moors. =Witnesses=: William Stanley gent, John +Porter gent, James Lewis gent, Wi'm Stanley gent, Thos Mundy gent, John +Thornicroft attorney. =Vellum=: one skin 15 × 8½, round seal of green +wax, 3½ inches diameter and an inch thick. See appendix and +photographic reproductions. + + +VIII + +(=1414=) Sunday next after the feast of Thomas the apostle (21st +December), in the 2nd year of the reign of Henry V. =Charter= (Lat) +confirming a grant from John Marreys son of Walter Marreys of Rostlastone +to Thomas Gresley knight, William Babẏngtone, John Abell of Caldewall +and William Ward of Coton their heirs and assigns, of all his lands and +tenements rents reversions possessions and services, with their +appurtenances, which he had or in the future might have in the town and +territories of Rostlastone and Lynton or elsewhere in the county of +Derby, without reservation; to have and to hold all the said lands +tenements etc to the said Thomas, William, John Abell and William their +heirs and assigns freely quietly well and in peace for ever; of the chief +lord of that fee, for services etc; warranty of title. =Witnesses=: Roger +de Hortone lord of Catton, John Dethek of Neuhall, John Abell of +Stapenhull, John Lathebury de Newtone Suluẏ, Robert Thirmot of +Lyntone. =Vellum=: one skin 10½ × 4½, seal missing. =Notes=: +Rostlastone now Rosliston is a parish in the hundred of Repton county +Derby, four miles south-west of Burton-on-Trent; Cauldwell, +Coton-in-the-elms, Catton-on-Trent, Linton, Newton-Solney and Gresley are +close by and lie near the confluence of the Dove and the Trent. + +=Genealogy deduced.= + + WALTER MARREYS = ...... + of Rostlastone │ + │ + JOHN + both living 21 Dec 1414 + + +IX + +(=1414-15=) Sunday in the feast of the purification of the blessed Mary +(2nd February), in the 2nd year of Henry V. =Deed of exchange= (Lat) +dated at Kenworthy and made between William de Tatton of the one part and +William le Hunte and Margaret his wife of the other part; whereby the +said William de Tatton ... demised and by that then present indenture +confirmed to William le Hunte and Margaret his wife and their heirs for +ever, a certain parcel of land lying in Kenworthy called Lamputtes, in +exchange for another parcel of land lying near the house of William de +Tatton called Ruyssihey; to have and to hold the said parcel of land +called Lamputtes to the said William le Hunte and Margaret his wife and +their heirs for ever, making to the chief lord services etc; warranty of +title. =Witnesses=: Thomas de Legh of Bagulegh, Roger le Massy of Sale, +Robert de Hull'. =Vellum=: one skin 11½ × 3½, seal missing. +=Notes=: this deed is indented and possibly the other part contained a +grant or demise of Ruyssihey or Rushyhey to William de Tatton completing +the exchange. In this deed the words of grant are illegible except +“demise”; and the deed only effects one part of the exchange. + +=Genealogy deduced.= + + WILLIAM LE HUNTE = MARGARET + both living 2 Feb 1414-15 + + +X + +(=1425-6=) in the feast of saint Vincent martyr (22nd January), in the +4th year of Henry VI. =Release and quitclaim= (Lat), dated at Over +Haddon, from William de Brodehurst, son of William de Brodehurst, of Over +Haddon to John Brodehurst his brother his heirs and assigns; of all right +and claim of right which he had, in one messuage and eighteen acres of +land, with the appurtenances, lying in the said town and fields of Over +Haddon, which same messuage and eighteen acres of land, with the +appurtenances, the said John his brother had from the gift and grant of +Cecilie their mother by a certain charter etc. =Witnesses=: John de +Farefeld (?) of Over Haddon, John ... of the same town, John de Gyte, +Nicholas Pygges (?), Thomas de ... =Vellum=: one skin 10 × 3½, seal +missing. =Notes=: this deed is in bad condition and the writing is much +faded, many words and sentences being illegible; but the general outline +and date are clear and doubtful names are indicated in the above +abstract. One of the witnesses John de Gyte of Over Haddon is mentioned +as purchaser of land in Over Bondsale 3 Hen VI (1424), in a grant +abstracted in Jeayes’ “Derbyshire Charters” No 317. + +=Genealogy deduced.= + + WILLIAM DE BRODEHURST = CECILIA + │ + ┌───────┴───────┐ + │ │ + WILLIAM of JOHN + Over Haddon + all living except perhaps Cecilia 22 Jan 1425-6 + + +XI + +(=1426=) November 6th, in the 5th year of Henry VI. =Letter of attorney= +(Lat), dated at Ouerhaddon, from Richard son of John Walker of Ouerhaddon +to William de Brodhirst senior and John his son, to give seisin to +William de Brodhirst junior and Margorie his wife, in one messuage and +xxvi acres of land and meadow, with the appurtenances, in Ouerhaddon, +following the form and effect of a certain charter of the said John +Walker to the same William de Brodhirst junior and Margorie. =Vellum=: +one skin 12 × 1½ seal missing. + +=Genealogies deduced.= + + (i) + JOHN WALKER = ...... + of Ouerhaddon │ + │ + RICHARD + both living 6 Nov 1426 + + (ii) + WILLIAM BRODHIRST = ...... + senior │ + │ + ┌────┴────┐ + │ │ + JOHN WILLIAM = MARGORIE + junior + all living 6 Nov 1426 + + +XII + +(=1565=) July 12th, in the 7th year of Elizabeth. =Award= (Engl) of +Gregorye Reyvell of Stanyngton, Robert Hawksworthe of Thornsett, +Phyllyppe Morton of Ughyll and Thomas Greyve of Westnall in the countye +of Yorke yomen. Reciting that where certayn debate contraversye and +varyance then of late had been dependynge betwene Henry Gelat of +Wygtuysle in the countye of Yorke yoman of the one partye and Henry +Morton and Henry Ibotson of the same Wygtuysle in the same countye yomen +of the other partye, and especyally of for and concernynge the +occupacion of certayne Byredole lands in Wygtuyslee afforsayd, in so +muche as bothe the sayd partyes had submytted them selffs to stand to and +adyde obserue performe fullfyll and kepe the award arbytrament order rule +dome and judgement of them the sayd Gregorye Reyvell etc arbytratourers +indefferently electe and chosen betwene the sayd partyes to arbytrate +award etc, of in for and uppon almanner of matters accyons suyts grudges +trespasse quarrells detts and demaunds what so euer they be had moved +styrred and in any wyse dependynge betwene the sayd partyes, frome ye +begynynge of the worlde unto the day of makynge heroff for the +pacyffyenge wheroff they the sayd arbytratourors had takyn uppon them the +offyce and aucthoryte of arbytrament at Wygtuysle affor sayd and then and +there awarded etc, in manner and form foloynge; Fyrste, we award etc, +that the sayd partyes shall frome hencefurthe be faythefull lovers and +friends and deale as lovynge nebors ought to do; also we award etc, that +the sayd Henry Morton and hys heyrs shall at all times herafter haue hold +occupye and enyoye one parcell of wodd ground wch he haythe heretofore +claymed, set lyenge and beynge in a place called the nether croft and +commonly called the cloyghe without let trouble or ympedyment of the sayd +Henry Gelot and hys heyrs etc; and further we award etc that the sayd +Henry Gelot and his heyrs shall at all tymes herafter haue hold occupye +and enyoye one parcell of land lyenge in the nether end of one close +called the hallowes, as yt ys now devyded and meared by hus, without +vexacion let trouble or ympedyment of the sayd Henry Morton and Henry +Ibotson and ther heyrs etc; and further that all other mears and balks +shall at all tymes herafter be kept and used contenually as they be now +appoynted by hus; and further we award that bothe the sayd partyes at all +tymes herafter in tyme of mast shall gether all the mast that shall fall +frome ther own trees, where so euer the same shall fortune to fall, +without let etc, and that all swyne of bothe partyes in mast tyme shall +have all ther swyne to go at libertye throughe out all the byredole +lands, belongynge to the Town of Wygtuysle without lett or harme. +=Vellum=: one skin 13 × 7, seals missing. =Notes=: the deed is indented, +there are no witnesses. Mast is the fruit of beech and forest trees, food +for swine. + + +XIII + +=1568= October 24th, in the 10th year of Elizabeth. =Grant= (Engl) made +between Vincent Munday of Marketon in the county of Derby esquire and +Edward Mundy (_sic_) gentleman, son and heir apparent of the said +Vincent, of the one part and John Weston of Mackworth in the county +aforesaid gentlemen of the other part; whereby the aforesaid Vincent and +Edward, for and in consideration of the sum of three hundred pounds paid +to the said Vincent and Edward by the said John Weston, delivered gave +granted sold bargained released and confirmed to the said John Weston and +his heirs executors and administrators, all that messuage or tenement, +with the appurtenances, situate lying and being in The Highe Frith +within the parish of Alstonefield in the county of Stafford and being +part parcel and member of the manor of Alstonefield aforesaid and +thereafter named; following and more at large expressed; to wit all that +messuage farm or tenement called Hawkesyarde or otherwise Hawkesearthe, +then in the tenure or occupation of Raphe Bradburye and Maud his wife: +then follows a full description of the outbuildings lands etc, with +extracts from the deed of covenant of the 15th May 1399 hereinbefore +abstracted and a full copy of which grant is given in the appendix +hereto. =Witnesses=: John Walker, Thomas Mundye gent, Thomas Brunt, John +Oakes yeoman and Thomas Mundy. =Vellum=: one skin 16 × 12, two round +seals of yellow wax, each 1½ inches in diameter and bearing a cross +flory, probably not armorial. =Notes=: photographic reproductions of this +deed and the two seals are given in the appendix. There is a memorandum +endorsed recording the giving of possession on the 24th November in the +10th year of Elizabeth in the presence of the same witnesses, except John +Walker. + +=Genealogy deduced.= + + VINCENT MUNDAY = ...... + of Marketon │ + co Derby │ + esquire │ + │ + EDWARD + s & h ap gent + both living 24 Oct 1568 + + +XIV + +(=1625=) July 25th, in the 1st year of Charles I. =Deed of covenant= +(Engl) made between John Ibotson of Wigtwisle in the county of York +clerke on the first partye, William Ibotson of Nether Combes in the said +county yeoman on the second partye and Richard Ibotson of Worral in the +said county yeoman on the third partye; witnessed that the said John +Ibotson for divers good causes and considerations him moving did covenant +grant conclude and agree to and with the said William Ibotson and his +heirs by those presents, that he the said John Ibotson should and would +before the feast day of saint Michael the archangell, then next ensuing +the date thereof, by his deed of feoffment, by him to be sealed and +delivered and with “liverye of seizen” lawfully executed give grant +enfeoffe and confirm unto the said William Ibotson and his heirs for +ever; all that messuage or tenement in Wiggtwisle (_sic_) aforesaid, +which was sometime the tenement of one Henry Morton deceased; and all +houses buildings lands tenements meddowes pastures woods under-woods +commons comodityes and hereditaments of him the said John Ibotson in +Wiggtwisle aforesaid, whichever were the lands tenements and +hereditaments of the said Henry Morton in Wiggtwisle aforesaid, with all +their appurtenances whatsoever; to the only use and behoofe of the said +William Ibotson and of his heirs for ever; to the end that the said +William Ibotson might be adjudged and taken to be perfect tenant of the +freehold of all the said messuage and other the said premises, until a +perfect recovery might be had and executed of all the said premises +against him the said William Ibotson; and it was also covenanted and +agreed by and between all the said partyes to those presents that a writt +of entery _sur disseisen in le post_ should be brought for the said +premises, at the cost and charge of the said John Ibotson, in the name of +the said Richard Ibotson, against the said William Ibotson; by the name +or names of one messuage one garden one orchard an hundred acres of land +thirty acres of meddowe twenty acres of pasture four acres of wood and +forty acres of more (moor), with thappurtenances, in Wiggtwisle alias +Wẏghtwysill Bradfeild; or by such the name or names as to the said +John Ibotson should be thought meet and convenient, according to the use +of common recoveries in such case used; and that the said William Ibotson +should vouch to warrant the said John Ibotson who should enter into the +said warranty and vouch over the common vouchee, who should appear and +make default; also that a perfect recovery may be had and judgement +thereupon given, in his Majesty’s court of common plees at Westminster, +against the said William Ibotson who should recover in value, against the +said John Ibotson and the common vouchee, to be in mercye; and it was +likewise further covenanted etc by and between all the said parties, that +after the execution thereof of the said recovery, the same should be and +enure, and the feoffee named in the said feoffment and recoverer named in +the said recovery, should at and ever after the executing of the said +feoffment and at and ever after the said recovery, soe had as aforesaid, +stand and be seized of the said messuage etc; to the only use and behoof +of the said John Ibotson and of his heirs and assigns for ever, and to +noe other use intent or purpose whatsover. =Witnesses=: Richard Ibotson, +Will' Woodson, John Potter. =Vellum=: one skin 21 × 10, three seals +obscure. =Notes=: John Ibotson signed, the other two were marksmen. It is +interesting to note that Wẏghtwysill is given as the _alias_ for +Wiggtwisle. According to Hunter, John was the son of Henry Ibotson of +Wightwisle and Mary Morton daughter of Henry Morton of Wightwisle, +referred to in this deed. John is said to have had a living in Norfolk. +His eldest daughter Mary married Christopher Wilson of Broomhead. William +and Richard Ibotson were probably related to John whose grandson Charles +Wilson was vicar of Sheffield. See F.M.G. vol II, page 650. + + +XV + +=1625= July 30th, in the 1st year of Charles I. =Feoffment= (Lat) from +John Ibotson of Wigtwisle in the county of York clerk to William Ibotson +of Nether Coombes in the said county of York yeoman and his heirs for +ever, of all that his messuage or tenement in Wigtwisle aforesaid, which +then formerly was the tenement of Henry Morton, then deceased; and all +his outhouses and buildings gardens orchards lands tenements meadows +pastures woods underwoods rights of common profits and hereditaments in +Wigtwisle aforesaid, with their appurtenances; to holdun to and to the +use of the said William Ibotson his heirs and assigns for ever, of the +chief lord etc, by services etc; warranty of title. =Witnesses=: Henry +Ibotson, William Wodson (the tenant), John P.... =Vellum=: one skin 12 × +5½, round seal of red wax bears a dolphin, probably not armorial. +=Notes=: there is a good signature of “John Ibotsone.” + + +XVI + +=1633= May 13th, in the 9th year of Charles I. =Grant= (Engl) made +between John Ibotson of Wigtwisle in the county of York clerk of the one +part and Christopher Willson of Wigtwisle in the said county yeoman of +the other part; whereby the said John Ibotson, for and in exchange with +the said Christopher Willson granted etc unto the said Christopher +Willson his heirs and assigns for ever, one way for passage with drift +cart and carriage then or theretofore used and accustomed, unto and from +a messuage or tenement at Wigtwisle aforesaid then in the occupation of +William Odeson, through a close of him, the said Christopher Willson, +called the Walls and thence into and from the nether croft, belonging to +the said messuage or tenement; to hold the abovesaid way etc, and all the +right interest and demand of him the said John Ibotson thereto unto and +to the use the said Christopher Willson his heirs and assigns for ever; +warranty of title etc; and the said Christopher Willson in lieu and +exchange of the above etc, granted etc unto the said John Ibotson his +heirs and assigns for ever, one like way etc henceforth and for ever +thereafter to be used, unto and from the said messuage, then in the +occupation of the said William Odeson, to and from the nether crofts, lee +and nether hollin carr, belonging to the said messuage, by and “thorow” +the fouldstead of the said Christopher Willson on the south side of his +house at Wigtwisle aforesaid and from thence “thorow” the nether yeard +and so to and from the three closes last above mentioned; to hold unto +and to the use of him the said John Ibotson his heirs and assigns for +ever; warranty of title etc. =Witnesses=: William Garlicke, William +Odeson. =Vellum=: one skin 10½ × 9½, seal missing. =Notes=: both +Christopher Willson and William Garlicke, the witness, were sons-in-law +of John Ibotson, see Hunter’s F.M.G. vol II, page 652. The word Wigtwisle +when used to describe the residence of Christopher Willson has been +written on an erasure. + +[Illustration: Map of Hawksyard and The Moorlands of Staffordshire.] + + + + +APPENDIX. + +Reprint from _Transactions_ of The Hunter Archæological Society. + +HAWKSYARD. + +BY T. WALTER HALL, Hon. M.A. (SHEFFIELD), F.R.Hist.S. + + +Place-names, obvious in their meaning but suggesting a remote origin and +a forgotten past, attract the historian, if not the philologist. + +Hawksyard is one of these; its import is Hawksland but its history lies +hidden in the records of past centuries; it excites our curiosity and +quickens our imagination. + +We instinctively recall scenes of English sport in bygone days; of kings +and nobles, knights and ladies, riding across the unfenced country; over +moorland and waste, through fen and ford, with hooded falcon and stooping +hawk, enjoying what was for nearly a thousand years the national sport of +England. + +Such a scene was brought to mind by the perusal of two musty parchments +with imposing seals and faded script, quarried from the lower _strata_ of +time-worn muniments, in the office of Colonel Brooke Taylor of Bakewell. + +The earlier of these deeds takes us back to the death of John of Gaunt +and the resignation of Richard II in the closing year of the 14th +century; the later one was sealed and delivered in the less tragic days +of Queen Elizabeth. + +They both relate to Hawksyard, situate in that part of The Moorlands of +Staffordshire known in the middle ages as Highe Frith of Malbanc Forest; +south of Buxton and east of the church at Newtown near Longnor. + +The deed of John of Gaunt bears date the 15th May 1399, in bold Arabic +numerals; it is written in a jargon intended to be Latin and measures 15 +× 8½ inches; its round pendent seal of green wax has a diameter of +three and a half inches and is nearly an inch thick. The parchment is +dark in colour, coarse in texture and much crinkled; the writing is not +uniform in character, parts being in a flowing hand suggesting a date +long subsequent to the Plantagenets. The deed begins with the word +_Conventum_, meaning a covenant or agreement under seal; but, from the +concluding paragraph, it was evidently intended to operate as a deed of +gift or grant in fee simple of the lands called Hawksyard. + +[Illustration: _Photo Ethel Eadon_ + +1399 May 15th. =Deed of Covenant=, John of Gaunt to Sir Edward Mundy.] + +The following is a transcript with the contractions indicated but not +extended:-- + + Conventum inter Johan' Gaunte Duc' Lancast' quart' fillius + Regy' Edvardi tert' et Edvardum Mundy de Marton in Comitatu + Derb' equit' Joh'es Ga'nt Dux Lancast' p'mittebat Domin' + Edvard' Mundy visere ap'd Marton in Comitat' Derb' p'd q' + pariter prestabat Et etiam Dominus Edvardus Mundy iterfaciebat + Duc' Lancast' Comitibusq' ejus in Highe Frith parochia + Allstonefield Comitatu Staffordiæ Cum in eum locum pase (?) + publice p'venirent qui nuncupatur Lady Edge cujus defugabant + (?) excitabant Gallos palust' ad quos illico accipitres + evertebant apud quos accipitres fuga petebant int' illos + Limites ut posthac mention's siant hoc Termino qui expositus + erat Avibus volantibus ultro citroq' ad viam publica' qua + abduit ab Longnor ad Leeke al' parte circunt quo accipitres + pred'am apprehendebant parte juxta mediam circuituo juxta + convallem Orient' Decim' Die May' Ann' Dom' 1399 Quamobre' + Joh'es Gaunt ei dabat Titulu' nomenq' Hawkesyerd alias + Hawksearth propter pred'a apprehensa' inter Limit' qui posthac + mentionem fit qui non antehac nuncupabatur ... Aliquae pauce + Fundi Partes que posthac mentione' fiunt Viz' alia pars Fundi + nuncupatur Harrisons Intake al' pars Fundi nuncupat' + House-Fielde quo parva vel Domus stabat al' pars Fundi nuncup' + Little Meadow quae ex part' meridional' inter jacet Locu' + nuncup' Boothesley Grange al' pars Fundi nuncup' Spart (? + Spout) Meadow fluvio adjacans erga Occidentam al' pars Fund' + nuncupat' Killn Croffte fluvio adjac' erga Occidente' al' pars + Fund' nuncup' Spart (?) al' pars Fundi nuncupat' Rye Pingle + erga Occidentem sequia secale illo p'senti anno Cresscebat + Limes Hawksyerd alias Hawksearth jacens positusq' in Highe + Frith Parochia Allstonefield Comitatuq' Staffordie exposit + Johan' Gaunt Duc' Lancast' p'd' inter tales Metas qual' posthac + mentione' fiunt attin' illi soli Domo predi'oq' nuncup' + Hawksyerd alias Hawksearth p'd ubi est convallis oriental' ejus + part' Fluviusq' Curans erga merediem juxta Fluvium int' ilium + et Locum nuncup' Banke aut al' Over boothesley Etiam parte + meridional' convallus ... et Fluvius currens erga Orient' juxta + Fluviu' int' illu' Locumq' nuncup' Bauthsley (_sic_) Grange + illaq' ascendit part' meridional' Funi qui nuncup' Rye Pingle + quia jacet erga Occident' et setendit directe ad fugum q'd + nuncup' Lady Edge jacens positusq' in Highe Frith Parochia + Allstonefield Comitatuq' Stafford' et tunc transjugu' q'd est + erga septentrionem directe ad viam publica' quae abducit ab + Longnor ad Leeke Etiamq' publica' juxta via' erga Orient' usq' + du' directe p'venit ad Convalla' Termino Orientali Tractus + praedi'i expositus primo Ann' Regni Regis Henrici Quart' + assignabat Limat vel Expellere includere vel admittere ad Sol' + proprium usu' Comodumq' illius Domus predi'iq' nuncu'q' + Hawksyerd al' Hawksearth p'd etiam Libertinuanu' publi' pascu' + jusque effodiendi Cespites p' Desertu' Domin' Allstonefield + Dom' Edvardus Mundy de Marton in comitat' Derby (_sic_) p'd' + favore unum suplicabat Joh'es Gaunt Du' Lancastriae quem + dicebat consideret Si illi esset postestas Dom' Edvardus ilium + orabat et ei daret predi'u' nuncup' Hawksyerd alias Hawksearth + p'd' Et Joh'es Gaunt libere Largiebatur et concedebat illi et + posteris in Aeturnu' Dom' Edvardus Mundy profesiebatur Joh'e + Gaunt Comitibusq' eum visere apud Castrum Lancast' quo Joh'es + Gaunt sigillabat Subscribebat et in potestatem Domin' Edvardi + Mundy Premis' tot' tradebat decimo quint' Die May Anno D'm' + 1399 coram William Stanley Gent John Porter Gent' James Lewis + Gent' Wi'm Stanley Gent' Tho's Mundy Gent' John Thornicroft + Attorney. + +It is not easy to give a true interpretation of this unconventional deed; +the operative part, which should be clear and precise, being vague and +inconclusive. The following is what may be accepted as a free translation +conveying a general idea of the purport and effect of the deed:-- + + An Agreement between John Gaunte duke of Lancaster, fourth son + of King Edward the third and Edward Mundy of Marton [Markeaton] + in the county of Derby knight. John Gaunt (_sic_) went himself + to visit Sir Edward Mundy at Marton in the county of Derby + aforesaid ... and Sir Edward Mundy made a journey with the duke + of Lancaster and his attendants into Highe Frith in the parish + of Alstonefield in the county of Stafford; when they arrived at + that piece of public ground [? the common or moorland waste of + the manor] which was called Lady Edge, from which moorcock + [both red and black grouse] were frequently driven away and + from whence hawks were let loose and flown within such + boundaries as were thereinafter mentioned, to this boundary + which was free and open for birds flying backwards and forwards + near the public road, which led from Longnor to Leek. In the + part of the circle in which the hawks took [the grouse] near + the middle circuit next the east clough, on the 10th day of May + 1399: for this reason John Gaunt gave it the title and name of + Hawksyerd otherwise Hawksearth, because of the game being taken + within its limits, thereinafter mentioned, which place was not + theretofore named, some other pieces of land, which after that + were made mention, to wit, part of a piece of land called + Harrisons Intake, part of a piece of land called House Fielde, + on which a small shed or house was standing, part of a piece of + land called Little Meadow, which on the south lay between a + place called Boothesley Grange and part of a piece of land + called Rye Meadow following the stream pointing west, part of a + piece of land called Killn Croffte adjoining the stream, thence + west, part of a piece of land called Spart (?) Meadow, part of + a piece of land called Rye Pingle, thence west following the + rye of that year then growing. The boundary of Hawksyard + otherwise Hawksearth, lying and being in Highe Frith in the + parish of Alstonefield in the county of Stafford set out by + John Gaunte duke of Lancaster aforesaid, between such bounds as + were thereinafter mentioned, were set out for that house only; + and the land called Hawksyerd otherwise Hawksearth aforesaid, + where there is a clough at the east end of it and a purling + stream, thence south following the stream between that and a + place called Banke or otherwise Over Boothesley; also on the + south side, a clough and stream ran, thence east next the + stream, between that place called Bauthsley (_sic_) Grange and + ascending on the south of the piece of land which is called Rye + Pingle, thence west leading direct to the high ridge which is + called Lady Edge, lying and being in Highe Frithe in the parish + of Alstonefield in the county of Stafford; and then across the + ridge which is north direct to the public road, which led from + Longnor to Leeke; and also along the public road thence east it + passed straight to the east end of the clough. The full extent + of the said land, in the 1st year of the reign of King Henry + IV, was marked out and set to limits either to expel, keep in + or admit, to the only proper use and advantage of that house + called Hawksyerd otherwise Hawksearth aforesaid; and also the + liberty to dig turf in the public meadow and wastes of the + lordship of Alstonefield. Sir Edward Mundy of Marton in the + county of Derby aforesaid prayed for one favour of John Gaunt + duke of Lancaster, which he [John] said he would consider if to + him it were possible. Sir Edward asked him and he [John] to him + gave the said place called Hawksyerd otherwise Hawksearth + aforesaid and John Gaunt did freely give and grant it to him + and his descendants forever. Sir Edward Mundy then went with + his attendants to John Gaunt to see him at Lancaster Castle + which [agreement] John Gaunt sealed and subscribed; and into + the control of Sir Edward Mundy, all the before mentioned was + handed over on the 15th day of May 1399 In the presence of + William Stanley Gent, John Porter Gent, James Lewis Gent, Wi'm + Stanley Gent, Thomas Mundy Gent, John Thornicroft Attorney. + +If this deed correctly records the facts, we must infer that John of +Gaunt owned lands in north Staffordshire between Longnor and Leek; and +that they probably formed part of the lands belonging to the duchy of +Lancaster. We learn that his friend Sir Edward Mundy of Markeaton, +twenty miles away to the south-east, invited the duke to visit him there; +a hawking party being arranged on the 10th May 1399 by Sir Edward for the +entertainment of his royal guest; one of the highest points of The +Moorlands, known as Lady Edge, nearly 1500 feet above the sea, where +grouse were always to be found, was selected as the trysting place. The +party would ride from Markeaton across the open country to Lady Edge, and +they appear to have had good sport. Probably John of Gaunt and his +friends from Markeaton watched the hawking from the top of Lady Edge and +the undulating land which lies between Lady Edge and Hawksyard, the +quarry being taken within a distance of half a mile to the north-east. So +pleased was the duke, that he honoured the place where the hawks took +their quarry by giving it the name of Hawksyard otherwise Hawksearth; a +place which before then was unnamed. The deed also states that before the +duke left Markeaton, Sir Edward asked him as a personal favour to give +Hawksyard to Sir Edward and that the duke promised to consider the +request. Apparently Sir Edward returned with the duke to Lancaster, as a +few days later the duke is stated to have sealed and subscribed this deed +at Lancaster Castle and delivered it into the hands of Sir Edward on the +15th May 1399. The metes and bounds are fully set forth in the deed, +which also records that the boundaries were marked out on the land in the +1st year of Henry IV. + +[Illustration: _Photo Ethel Eadon_ + +1568 October 24th. =Grant= from Vincent and Edward Munday to John +Weston.] + +The second deed bears date the 24th October 1568 written in the same bold +Arabic numerals as in the earlier deed; but the later deed is in English +and measures 16 × 12 inches, it has two round seals of yellow wax, each +of a diameter of one and a half inches; the impression on these seals +does not appear to be armorial but they both bear the same form of cross; +the parchment and make-up are in all respects similar to the deed of 1399 +and the signatures of Vincent Mundy and his son are written in the same +hand as the deed, which was not unusual in the 16th century. + + * * * * * + +The following is an abstract of the grant from Vincent Mundy and his son +Edward to John Weston. + + An Indenture made the 24th day of October, in the 10th year of + Elizabeth and in the year of the Lord 1568 Between Vincent + Munday of Marketon in the countye of Derbye esquire and Edward + Mundy (_sic_) gentleman, son and heir apparent of the said + Vincent, of the one part and John Weston of Mackworth in the + county aforesaid gentleman of the other part; whereby the + aforesaid Vincent and Edward, for and in consideration of the + sum of three hundred pounds of lawful money of England, to the + aforesaid Vincent and Edward in hand paid by the said John + Weston, whereof they confessed themselves to be fully + satisfied and paid and the said John Weston and his heirs + executors and administrators to be thereof acquitted and + discharged for ever by those presents; had delivered given + granted sold bargained released and by those present writings + confirmed to the aforesaid John Weston and his heirs executors + and administrators, all that their messuage or tenement, with + the appurtenances, situate lying and being in the Highe Frith + within the parish of Alstonefield in the county of Stafford; + and being part parcel and member of the mannor of Alstonefield + aforesaid and hereafter named, following and more at large + expressed; to wit, all that messuage farm or tenement called + Hawkesyarde or otherwise Hawkesearthe, then in the tenure or + occupation of Raphe Bradburye and Maud his wife; and also all + and singular houses outhouses cottages barns edifices buildings + orchards gardens meadows pastures lands and arable lands + commons woods underwoods, free liberties or commoninge and + turbarye throughout the waste of the aforesaid manor, + priviledges profits and commodities whatsoever, with all and + singular the appurtenances to the said messuage or tenement in + anywise lyeing appertaininge or belonginge; or any thing + standing or at any time theretofore accepted used occupied or + perceived, together with the said messuage or tenement or any + of them, by any tenant before named their prior tenants or as + part parcel and member of or as belonging to the said messuage + or tenement or by whatsoever name or names it was commonly + called or known, and all the estate etc; and moreover all rent + and yearly profits whatsoever, reserved on any demise grant or + copye of the premises, by any person or persons theretofore + made or committed; to have hold and enjoy the same to the said + John Weston his heirs executors administrators and assigns for + ever; and likewise priviledges profits and commodities + whatsoever, which John Gaunt the duke of Lancaster the fourth + son of King Edward the third did give and grant unto Sir Edward + Mundaye (_sic_) of Marketon in the county of Derby knight, the + compass set by him the said John Gaunt betwixt those marks as + were thereafter mentioned (that was to say) a clough at the + east end of the said premises and a pearle of water which runns + southewarde betwixt and a place called the Banke or otherwise + Over Boothesleye; also a clough and a water, which runns + eastward betwixt and a place which is called Boothesleye Grange + and so it goes up close bye the water side pointinge westwards + and so it goes up after the southe side of a piece of grounde + which is called the Rye Pingle, from thence streight up to the + top of the Hill which is called the Lady Edge, situate lyeinge + and beinge in the Highe Frithe within the parish of + Alstonefield aforesaid and countye of Stafforde aforesaid and + from thence streight to the Highe Road, that goes betwixt + Longenor and Leek, pointeinge northeward and so it goes down + bye the roade side untill it comes directlye against that + cloughe at the east end; withe free libertye to drive off + enclose or take inn, so farr as the compass aforementioned + extends; to the onlye proper use and behoofe of that one + messuage or farme called Hawkesyarde or otherwise Hawkesearthe + aforesaid, likewise free libertye of commoninge and turbarie + throughout the waste of the mannor of Alstonefield aforesaid; + and they did therefore deliver to the said John Weston his + heirs and assigns full and peaceable possession etc. The + witnesses were John Walker, Thomas Mundye gent, Thomas Brunt, + John Oakes yeoman and Thomas Mundy (_sic_); + +In this deed there is an evident desire on the part of the draftsman to +strengthen and even to extend the rights and privileges appurtenant to +the Hawksyard estate, which then included a house of considerable +importance, occupied by Ralph Bradbury and Maud his wife. Towards the end +of the deed a belated attempt at a recital of the earlier John of Gaunt +deed is added, with extracts giving the full description of the +boundaries; and this earlier deed is treated as the root of title to +Hawksyard. + +The question and the only question we have to consider is whether these +two deeds give us a true account of the origin and early history of the +place-name Hawksyard? At first sight it would appear that they do; but +unfortunately there is much in the earlier deed to arouse suspicion. It +is not that the story of John of Gaunt’s visit to Highe Frith is +improbable, on the contrary he rebuilt and occupied Tutbury Castle twenty +miles away; nor is there any reason to think that in those days Sir +Edward Mundy would hesitate to ask the duke for a few acres of rough +moorland waste, as a memento of a red-letter day in the history of the +Mundy family. Perhaps such a request, under the circumstances, +constituted true politeness in the middle ages; or he may have wished to +commemorate the day by building a house on the land to bear the name +Hawksyard; but, however probable these surmises may be, there are many +things in this alleged deed of gift which suggest a date much later than +the reign of Richard II and cast a doubt as to its _bona fides_. + +In the first place it is obvious that the date 15th May 1399 cannot be +correct, as John of Gaunt died in January or February 1398; further the +deed states that the duke visited Highe Frith on the 10th May 1399, which +was impossible; and it is perhaps equally surprising to find that a deed, +dated in the reign of Richard II, should refer to the first year of +Henry IV, whose reign had not then begun and might never have occurred. + +These impossible dates require explanation, but our difficulties do not +end with dates; the writing in the John of Gaunt deed is not +characteristic of the period, it is not uniform throughout, the body of +the deed being written in characters of the rugged native script, the +names of the witnesses being added in a flowing Italian hand of the +Elizabethan period. Attention should also be called to the fact, that of +the five witnesses in whose presence the duke is said to have affixed his +seal, not one of them was above the rank of gentleman. The seal is +impressed with a hunting horn, suggestive of forest heraldry, but the +royal arms of the son of Edward III do not appear on this seal; and, if +the hunting horn is in its proper heraldic position, the point of the +shield is at the top. + +As above stated, the form of the deed is unusual and follows no +precedent; many words are more suggestive of the classics than the +customary usage of diplomatics in the 14th century. _Equitem_ takes the +place of the more conventional _militem_; _nuncupatur_ is used instead of +_vocat_ and _coram_ instead of _testibus_. Each of the first four +witnesses is described as gent and the last as attorney, while Derby is +written once in English; further, the exact legal effect of the deed +seems to be intentionally vague; it is headed _conventum_, meaning a +covenant, but in the subsequent deed of 1568 it is referred to as a +grant. The full description of the land in the later deed, with all its +boundaries and appurtenant rights, suggests that the Elizabethan +draftsman had some doubt as to the true facts; these details being +apparently exploited with some ulterior intent. + +In comparing the size make-up and general appearance of the two deeds, it +is impossible not to see in them a strong resemblance; they are both +typical of the time of Elizabeth, the deed of 1399 is too large and too +coarse for a charter of that date. The fact that one is in Latin and the +other in English makes the comparison less easy; but in both we find +similar parchment ink and seals; the script is much the same in both +deeds, each having the dates written in the same bold Arabic numerals; +and the later recites the earlier deed. + +It would not be difficult to find other points of resemblance between +these deeds; and it is impossible to compare them without coming to the +conclusion that they were prepared at the same time by the same person, +with the definite object of making a good title to the Hawksyard +property, on the sale to John Weston. + +This forces us to the conclusion that the John of Gaunt deed is not +altogether trustworthy; and we have to consider whether or not the +information it contains, with regard to the origin of the place-name +Hawksyard, can be relied on; or if we must treat its whole contents as +pure fiction and entirely discredit all it tells us of the hawking party +in Highe Frith. + +[Illustration: =Seal= of 15th May 1399.] + +There must be some explanation of this extraordinary deed; and it may yet +be possible to find a solution of the problem. Here is the deed! How can +we account for it? How much of what it tells us may we accept as truth? +To what extent is its story supported by extraneous evidence? + +The points as to which we require information are; whether John of Gaunt +was in a position to give and grant lands in the Highe Frith to Sir +Edward Mundy or had he only the rights of an overlord? Why did he +hesitate before complying with Sir Edward’s request? Was he in doubt as +to whether the land were his to give or whether he held as tenant _in +capite_? Did he execute a deed of gift or did the gift rest on a verbal +promise, Sir Edward taking possession of the lands and converting them to +his own use? Did the lawyer of 1568, who carried through the sale to +Weston, act _ex fide bona_ and endeavour, according to his lights and the +practice of his time, to put the title to Hawksyard in order, for the +mutual benefit of both vendor and purchaser? + +For answers to these questions we must return to the days of John of +Gaunt. + +In 1398 Richard II, seeing that his uncle John of Gaunt was in failing +health and that John’s son, Henry Bolingbroke earl of Hereford, might +press his claim to the throne of England in case of Richard’s death +without issue, took advantage of a quarrel between Bolingbroke and the +duke of Norfolk, in which each accused the other of treason, to banish +them both from the realm. + +The loss of his son fell heavily on John of Gaunt, who died at the end of +January or the beginning of February 1398; and it is important to bear in +mind that the year 1399 began on the 25th March and not the 1st January. + +Richard, being free for a time from the menace of the House of Lancaster, +seized the whole of the Lancastrian estates in the absence of the +banished heir and crossed to Ireland to complete his conquests and +strengthen his hold on that country. + +During Richard’s absence in Ireland the banished Henry, hearing the news +of his father’s death and the confiscation of the Lancastrian estates, +landed on the Yorkshire coast with a few trusted friends and three +thousand men-at-arms. + +He was at once joined by the great barons of the north and with an army, +which increased as it advanced, he ultimately reached London; where he +was well received by the people, who were tired of Richard and looked to +Henry as their future king. + +On hearing the news of Henry’s return Richard, after much delay through +rough weather, recrossed the Irish Channel to Milford Haven, only to find +that both his friends and his armies in England had melted away and that +his kingdom was lost. + +He was forced by Henry and his supporters to resign his crown and, in +Westminster Hall on the 29th September 1399, his resignation was received +with shouts of applause; on the following day his cousin Henry +Bolingbroke, son and heir of John of Gaunt, was proclaimed King of +England as Henry IV. + +On Henry’s accession he regained the estates of the duchy of Lancaster, +which however remained in his hands as crown property. + +The above events and the dates on which they occurred are of importance +in considering the two Hawksyard deeds; and if we are to understand how +and why they came into existence, we must also trace the early history of +Highe Frith and learn something of the conditions then prevailing as to +the holding and devolution of landed estates in England; more especially +with regard to earldoms honours and manors, which formed the basis of the +feudal system. + +When we clearly understand the way in which land in England was held in +pre-reformation days, it will perhaps be possible to see whether the +facts set forth in the deed of gift of the 15th May 1399 were consistent +with the early history of the manor of Alstonefield; and whether John of +Gaunt was shortly before his death in a legal position to comply with the +request of Sir Edward Mundy. + +As already stated Hawksyard was in Highe Frith, part of the manor of +Alstonefield, and a manor was an estate in fee simple in a tract of land +granted by the sovereign to a subject, usually a man of some consequence, +in consideration of certain services. + +He was the lord of the manor and he reserved for his own use such parts +of the land as he required, which were called the demesne lands; other +parts he granted out to his tenants, under varying conditions which +included estates of inheritance, estates for life, for years and at will; +the barren lands which remained in his hands were what was known as the +commons and wastes of the manor or the foreign lands. The whole formed a +manor or lordship which had its own courts and customs and enjoyed feudal +privileges, which extended not only to the lands held by tenants but also +to the commons and waste lands. + +When many manors, perhaps extending into several counties, were held by +one great baron or overlord they formed an honour which was held of the +king _in capite_; this was quite different in character to the manor. It +was a jurisdiction, vested in private hands, and not a territorial +possession; the lords of the manors retaining their separate manorial +organisation and rendering suit and service to their overlord. + +Manors also formed part of the earldom or shire; for some time after the +conquest an earl also had the title of count and from the counts the +shires took the name of counties. The title however soon disappeared in +England but we still retain countess, county and viscount. + +When a great earldom honour or manor fell by forfeiture or escheat into +the hands of the sovereign which constantly happened, it retained its +distinct corporate existence and the whole apparatus of jurisdiction or +tenure. Under its own title it either continued in the possession of the +sovereign or was granted out again as a hereditary fief. + +The manor of Alstonefield appears to have been included in different +earldoms and different honours at different dates, prior to the time when +it came into the hands of John of Gaunt and his first wife’s ancestors. + +At the taking of the Domesday survey in 1086, Alstonefield manor was held +as a knight’s fee by Robert count of Shrewsbury with William de Malbanc +under him as lord of the manor. The Shrewsbury overlordship did not last +long and Alstonefield, which seems to have been much in request, possibly +owing to its grouse moor, was transferred to the honour of Chester under +Hugh Lupus; to whom William had, three years after the conquest, given +the earldom of Chester and William de Malbanc, of Wich Malbanc now +Nantwich, held the position of lord marcher under Lupus, so that the +lordship of Alstonefield formed part of the marchlands or boundaries of +the honour of Chester on the east, over which William de Malbanc would +have supreme control as lord of the marches. + +That part of the manor which lay between Leek and the river Dove, +including the site of Hawksyard, was chiefly forest and moorland; shortly +after the conquest and for many centuries after, it was known as Malbanc +Forest; but in 1220 the Malbanc barony devolved on three co-heiresses, +who held Alstonefield in co-parcenary. + +On the forfeiture of a third share by the eldest daughter, then countess +of Warwick, it came into the possession of Hugh le Despencer, though how +he got it is not clear, and this share included the tract of barren +moorland known as Highe Frith of Malbanc Forest. + +In 1297, on the death of Edmund earl of Lancaster, the King’s Escheator +held an inquisition at Tutbury for the county of Lancaster, to ascertain +what knight’s fees were due to the earl; the jury found _inter alia_ that +Hugh le Despencer held one knight’s fee in the manor of Altonesfelt +(Alstonefield) worth yearly in homages etc. £10. “Nomina Villarum” 1316 +gives Hugh le Despencer and Nicholas de Audeleye as owners of +Alstonefield, a vill in the liberty of the earl of Lancaster, who had the +return of all writs. + +In 1322 the estates of le Despencer were forfeited to the crown and +subsequently bestowed by Edward III on Henry earl of Lancaster, +grandfather of Blanche the wife of John of Gaunt. + +It may be helpful here to recall how John of Gaunt was created duke of +Lancaster and became possessed of the Lancastrian estates, extending into +Cheshire, Staffordshire and other counties. + +The first earl of Lancaster was Edmund called Crouchback second son of +Henry III; in addition to his Lancastrian estates, his father bestowed on +him the earldoms of Derby, Leicester, Lincoln, Salisbury and Chester. + +These passed on his death in 1296 to his eldest son Thomas earl of +Lancaster, who was beheaded at Pontefract in 1322 when his estates were +forfeited to the crown.[A] His widow was allowed to retain the Salisbury +estate; and the other four earldoms were bestowed on his brother Henry +earl of Lancaster, to whom one third share of Alstonefield manor was also +given, so that he possessed not only the Lancastrian estates but also the +earldoms of Derby (including the honour of Tutbury), Leicester, Lincoln, +Chester and the territorial interest of a third of the manor of +Alstonefield, including Malbanc Forest; of which Highe Frith was waste of +the manor. + +Henry earl of Lancaster was succeeded by his son Henry, afterwards first +duke of Lancaster, who had no son; of his two daughters, Maud married +William of Bavaria and Blanche married John of Gaunt. Maud died without +issue, whereupon the whole of the Lancastrian estates devolved on +Blanche; and, in right of his wife, on her husband John of Gaunt, who was +in 1362 created duke of Lancaster. + +It will be remembered that the seal attached to the deed of gift of the +15th May 1399 bears a hunting horn; and in order to find some explanation +of this seal it may be necessary to glance for a moment at the history of +the honour of Tutbury, which as we have seen was included in the earldom +of Derby and passed to John of Gaunt with that earldom. + +[Illustration: =The Tutbury Horn=, from a photograph in the reference +library at Sheffield.] + +About the end of the 13th century, the important office of escheator and +coroner throughout the whole honour of Tutbury within the county of +Stafford, was claimed by Walter Agard who demanded to hold office by +right of inheritance; but he was unable to produce any written evidence +in support of his claim; and in lieu of charters or writings, he produced +a white hunting horn garnished with silver-gilt in the middle and at +both ends, to which was affixed a girdle of black silk adorned with +buckles of silver, on which was placed the _insignia_ of Edmund earl of +Lancaster; this horn was offered and accepted as the charter and evidence +of title to the office of escheator and coroner, to which he made claim. + +It is not necessary to follow the devolution of the Tutbury Horn from +Walter Agard; but in the 17th century, on the marriage of an heiress of +Agard, it passed to the Stanhopes, who sold it with its offices in 1753 +to Samuel Foxlow of Staveley Hall, from him it ultimately passed to Henry +Marwood Greaves of Banner Cross, Sheffield, and Ford Hall, Derbyshire, +who once only exercised the right of appointment; and on his death in +1859 his eldest son William Henry Greaves, who had assumed the surname of +Greaves-Bagshawe in 1853, succeeded to the horn by inheritance, and +appointed the next succeeding coroner. We shall have to consider whether +the pendent seal of the alleged deed of gift can in any way be accounted +for by the fact, that the honour of Tutbury was part of the duchy of +Lancaster prior to John of Gaunt’s death. + +[Illustration: =Seals= of 24th October 1568.] + +Let us now turn to the other party to the deed of gift, Sir Edward Mundy. + +In Burke’s “Commoners of England” 1836, it is suggested that the Mundy +family derived its name from Mondaye Abbey in the dukedom of Normandy; +and it may be, that Sir Edward Mundy or his father fought with John of +Gaunt in the wars with France and Spain. + +It seems probable, from what we find in the earlier deed, that the duke +and Sir Edward were close personal friends; and it may possibly have been +through the influence of John of Gaunt, that Sir Edward Mundy or his +father settled near Derby. However that may be, we are told that Sir +Edward entertained the duke at Markeaton and returned with him to +Lancaster Castle. + +Vincent Mundy of Markeaton was a justice of the peace for the county of +Derby in 1558 and his son Edward died in 1607. + +Burke also tells us that “from old deeds in existence it appears that the +family held lands in the year 1399”; it may be and seems highly probable +that he was referring to the deed of gift and the grant above described, +to which he presumably had access and gave credence. + +On the other hand the two Lysons, in their work on Derbyshire, say that +the Mundys did not buy the Markeaton property until the beginning of the +sixteenth century. Perhaps at that date they added to their original +holding? + +We now have some idea of how matters stood in 1399 and 1568; we are +therefore in a better position to consider whether the deeds of Richard +II and Elizabeth can be relied on as giving the origin and early history +of the place-name Hawksyard. + +Assuming for the moment that the two deeds were prepared at the same time +and by the same hand, it is necessary to consider the position as it +presented itself to the attorney, who in 1568 was instructed to carry out +the sale of Hawksyard to John Weston. He possibly may have acted for both +vendor and purchaser and been anxious to do his best for both his +clients. He would, on receiving his instructions, ask the vendor for his +title deeds; the answer would presumably be that there were no such +deeds; but it was probably well known in the vendor’s family and possibly +also to John Weston, that Hawksyard had been given to Sir Edward Mundy by +John of Gaunt shortly before his death, after enjoying a day’s hawking in +Highe Frith, the tradition of which would hang round The Moorlands for +centuries; perhaps letters or diaries would be produced with sufficient +detail to satisfy the purchaser of the truth of the tradition. + +The attorney would perhaps be in doubt, whether this traditional gift was +a grant of the fee simple or a mere sporting right over certain waste +lands belonging to the manor of Alstonefield, part of the duchy; which +right would be what is known as a right of common in gross. The vendors +were doubtless in actual possession and their ancestors had held it for +nearly two hundred years; under circumstances such as these the Courts of +Common Law, in the absence of the tradition, would have assumed a lost +grant, made prior to the reign of Richard I, which is supposed to be +equivalent to immemorial user; but the family tradition as to John of +Gaunt fixes the lost grant in the reign of Richard II, which would not +support a claim by immemorial user. Under these circumstances and in the +absence of any title deeds, the attorney seems to have taken upon himself +the responsibility of creating a root of title, based on the tradition +and possibly what he considered satisfactory recorded evidence; in doing +this he exercised neither artfulness nor skill. He hesitated whether to +make it an agreement or a grant, he neglected to use the 14th century +common form of such a document, he blundered sadly in the dates, and he +referred in the deed, which he dated in the reign of Richard II, to a +reign which had not then begun. There would be a difficulty as to the +witnesses, and it may be that those named were taken from some deed of +1399 to which he had access, notwithstanding the fact that these five +witnesses were not suitable or likely witnesses for the sealing by John +of Gaunt; there was also the difficulty of the seal, and as probably no +seal of John of Gaunt was available, a forest seal, perhaps of the honour +of Tutbury, was used; Alstonefield manor being within that honour, and +the deed of the 15th May 1399 was the result; which did well enough to +hand to the purchaser, as the root of title to Hawksyard, along with his +conveyance from Vincent Mundy and his son. Even if the parties to the +transaction knew of what was being done they would doubtless be well +pleased to have the John of Gaunt tradition put on record; and the +enterprising attorney would probably be thanked and well paid for his +trouble and resource. There does not appear to have been any fraudulent +intention to improperly acquire any land or other benefit, though such a +counterfeit in these days would be fraught with risk to all parties +concerned; but in the time of Elizabeth, the law of real property rested +less on statute and more on the unwritten law; which was interpreted and +applied loosely and without supervision.[B] The effect of this _ex post +facto_ apograph was twofold and benefited both sides. The vendors put on +permanent record their treasured family tradition and the purchaser got a +root of title, which might be of value to him in case of re-sale. It +would be interesting to know why the Mundys barred the entail and sold +Hawksyard, with its sporting tradition; it may have been that the +chancellor of the duchy had, at a then recent date, raised the question +as to whether the Mundy family originally had an estate in fee simple or +a right of common in gross; and that they as owners thought they would +act wisely in selling to a purchaser for value. + +Whatever the reason may have been for the sale of Hawksyard in 1568, it +passed by the deed of Elizabeth from the Mundy family to John Weston of +Mackworth, and is now held and enjoyed under prescriptive right, which +makes its past history of little consequence, so far as the present +owner, Mr Robert Shirley of Waterhouse Farm, near Longnor, is concerned. + +His numerous deeds and papers relating to Hawksyard include an abstract +of title beginning in the 14th year of Elizabeth (10th July 1572), when +John Weston and Katherine his wife sold Hawksyard to Ralph Bradbury who, +as appears from the grant to John Weston, was in 1568 the tenant of +Hawksyard; so that John Weston owned the property for less than four +years and then sold it to his tenant Ralph Bradbury, who in May 1573 +settled it on his younger son Otwell. + +Forty-two years later, on the 11th May 1615, Otwell Bradbury and Ralph +his son and heir sold Hawksyard to Henry Cock for £400. For many years +the estate remained in the possession of the Cock family, who sold it to +Ralph Wood of Leek Abbey, the Cistercian monastery Dieu-la-Cresse, and on +the 5th April 1800 Hawksyard passed into the possession of John Shirley +of Rewlach, the great grandfather of the present owner. + +In 1850 some closes, part of Hawksyard, lying on the west side of the +road leading from Newtown to Warslow, were exchanged for adjacent closes, +part of the late Sir John Harpur Crewe’s estates. With this exception, +the Hawksyard estate seems to follow the boundaries set forth in the deed +of 1399, and Harrison’s Intake, Low Meadow, Rye Meadow, Kiln Croft and +Spout Field of that date still exist and appear in the description of the +lands in the 19th century title deeds. On the front of the house are two +dates, one above the other, the lower one is “H C 1620” and the upper one +is “H C 1784”; both these dates occur during the ownership of the Cock +family, and the initials “H C” probably indicate Henry Cock. + +Hawksyard of to-day is a substantial farmstead of eighty acres, with a +good house and farm buildings occupied by Mr Shirley’s son Edwin Leslie +Shirley; it is bounded on every side by lands of Sir Vauncey Harpur Crewe +of Calke Abbey and Warslow Hall, but it has never formed part of the +encircling Harpur estate, which we may assume was crown property; and the +grant to the Harpurs of these surrounding lands may have given rise to a +discussion as to the Hawksyard title, and possibly suggested to the +Mundys the desirability of the sale to Weston. If the surrounding lands +were granted by the crown, leaving Hawksyard an isolated and independent +holding, there seems to have been a recognition of the Mundy title and a +strong vindication of the Hawksyard tradition. + +Of the places referred to in the deeds, Boothesley (now spelt Boosley) +Grange still stands; Bank or Over Boothesley is now Bank House and the +“pearle of water” is Boosley Brook. Highe Frith and Malbanc Forest are +not on the ordnance map and are almost forgotten in the district; but +Lady Edge is still in daily use, and the existence to-day of these +medieval place-names seems to strengthen the probability of the story of +John of Gaunt’s visit to the Highe Frith. + +If ramblers on foot and on wheels, when passing the east end of the +church and the adjoining school of Newtown, will stop for a moment to +glance down on Hawksyard, two fields to the east and up to Lady Edge half +a mile to the south-west; it will not be difficult to reconstruct the +scene of the hawking, when + + “Old John of Gaunt, time-honour’d Lancaster” + +visited Highe Frith of Malbanc Forest more than five centuries ago and +first gave the name Hawksyard. + +[Illustration: SHEFFIELD] + + +FOOTNOTES: + +[A] It may be of interest to mention, that in 1867 while ridging potatoes +in a field at Boosley Grange, known as Boosley Folly Meadow, a number of +silver medieval coins were found, which had presumably been lost or +hidden in the difficult times through which The Moorlands passed, during +the fierce struggle between Edward II and his cousin Thomas the great +earl of Lancaster; who in his headlong flight from Tutbury Castle up the +valley of the Dove lost a military chest containing over 100,000 similar +coins, English, Scotch and Flemish, in the river, which was found in +1831, embedded deep in the mud at the ford below the castle. + +[B] The reverend Joseph Hunter, in a Memoir on the ancient family of +Wilson of Broomhead Hall, Bradfield, published in _The Yorkshire +Archæological and Topographical Journal_ volume v. calls attention to +what he describes as a surreptitious Bradfield deed, dated in the feast +of saint Martin in winter (11th November) 22 Richard II and anno domini +1399; whereas the feast of saint Martin 1399 was not in the reign of +Richard II but in the first year of Henry IV; he further points out that +even if the news of the accession of Henry had not reached the wilds of +Bradfield by the 11th November, the feast of saint Martin 1399 would have +fallen in the 23rd year of Richard II and not the 22nd, as stated in the +deed. + + + + +TRANSCRIBERS’ NOTES + +General: No attempt has been made to standardise spelling within the +charters; they are rendered as in the original text. + +Page 28: Hawsksyard corrected to Hawksyard after “In 1850 some closes, +part of” + + + + + +End of the Project Gutenberg EBook of Sheffield and its Environs 13th to the +17th century, by Thomas Walter Hall + +*** END OF THIS PROJECT GUTENBERG EBOOK SHEFFIELD AND ITS ENVIRONS *** + +***** This file should be named 37130-0.txt or 37130-0.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/7/1/3/37130/ + +Produced by Brownfox and the Online Distributed Proofreading +Team at http://www.pgdp.net (This file was produced from +images generously made available by The Internet Archive) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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Walter Hall. + </title> + <style type="text/css"> + +body { + margin-left: 10%; + margin-right: 10%; +} + + h1,h2,h3 { + text-align: center; /* all headings centered */ + clear: both; +} + +p { + margin-top: .75em; + text-align: justify; + margin-bottom: .75em; +} + +table { + margin-left: auto; + margin-right: auto; +} + +.pagenum { /* uncomment the next line for invisible page numbers */ + /* visibility: hidden; */ + position: absolute; + left: 92%; + font-size: smaller; + text-align: right; +} /* page numbers */ + +.charternum { + position: absolute; + left: 5%; + text-align: right; + vertical-align:top; +} /* page numbers */ + +.blockquot { + margin-left: 5%; + margin-right: 10%; +} + +.bb {border-bottom: solid 2px;} + +.bt {border-top: solid 2px;} + +.br {border-right: solid 2px;} + +.bbox {border: solid 2px;} + +.center {text-align: center;} + +.smcap {font-variant: small-caps;} + +.caption {font-weight: bold;} + +/* Images */ +.figcenter { + margin: auto; + text-align: center; +} + +/* Footnotes */ +.footnotes {border: dashed 1px;} + +.footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} + +.footnote .label {position: absolute; right: 84%; text-align: right;} + +.fnanchor { + vertical-align: super; + font-size: .8em; + text-decoration: + none; +} + +.small {font-size:small;} +.normal {font-size:1em;} +.large {font-size:large;} +.x-large {font-size:x-large;} +.xx-large {font-size:xx-large;} +.gap2 {margin-top:2em;} +.ralign {text-align:right;} + + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Sheffield and its Environs 13th to the 17th +century, by Thomas Walter Hall + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Sheffield and its Environs 13th to the 17th century + A descriptive catalogue of land charters and other documents + forming the Brooke Taylor collection + +Author: Thomas Walter Hall + +Release Date: August 20, 2011 [EBook #37130] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK SHEFFIELD AND ITS ENVIRONS *** + + + + +Produced by Brownfox and the Online Distributed Proofreading +Team at http://www.pgdp.net (This file was produced from +images generously made available by The Internet Archive) + + + + + + +</pre> + + +<p><span class="pagenum"><a name="Page_i" id="Page_i">[Pg i]</a></span></p> + +<h1 class="normal">Sheffield and its environs 13th to the 17th century</h1> + +<p class="center large gap2">A</p> + +<p class="center x-large">DESCRIPTIVE CATALOGUE</p> + +<p class="center small">OF</p> + +<p class="center xx-large">Land Charters & Other Documents</p> + +<p class="center small">FORMING</p> + +<p class="center x-large"><span class="smcap">The Brooke Taylor Collection</span></p> + +<p class="center small">RELATING TO</p> + +<p class="center large">THE OUTLYING DISTRICTS</p> + +<p class="center small">OF</p> + +<p class="center x-large">SHEFFIELD</p> + +<p class="center normal">WITH 16 GENEALOGIES AND AN ARTICLE</p> + +<p class="center small">ON</p> + +<p class="center x-large">Hawksyard</p> + +<p class="center small">COMPILED BY</p> + +<p class="center normal"><span class="smcap">T. WALTER HALL Hon. M.A. (Sheffield) F.R.Hist.S.</span></p> + +<p class="center small gap2">SHEFFIELD</p> +<p class="center small">PRINTED AND PUBLISHED BY J. W. NORTHEND LTD., WEST STREET</p> +<p class="center small">1922</p> +<p><span class="pagenum"><a name="Page_ii" id="Page_ii">[Pg ii]</a></span></p> +<p> </p> +<p><span class="pagenum"><a name="Page_iii" id="Page_iii">[Pg iii]</a></span></p> + +<p class="center small gap2">TO</p> + +<p class="center small">THE UNIVERSITY OF SHEFFIELD</p> +<p><span class="pagenum"><a name="Page_iv" id="Page_iv">[Pg iv]</a></span></p> + +<p class="center large gap2">WORKS RELATING TO THE HISTORY OF +SHEFFIELD AND ITS ENVIRONS.</p> + +<p class="gap2">SHEFFIELD PEDIGREES volume I, by <span class="smcap">T. Walter Hall</span>. Containing +nine genealogies with notes.</p> + +<p class="ralign">Published <i>1909</i>, now out of print.</p> + +<p class="gap2">CATALOGUE OF THE CHARTERS, DEEDS, AND MANUSCRIPTS +IN THE PUBLIC REFERENCE LIBRARY AT SHEFFIELD, by +<span class="smcap">T. Walter Hall</span>; with Introductory Note by Mr. <span class="smcap">R. E. Leader</span> and +photographic reproduction of early 14th century Derbyshire charter.</p> + +<p class="ralign">Published <i>June 1912</i>. Price 2/-.</p> + +<p class="gap2">CATALOGUE OF THE ANCIENT CHARTERS BELONGING TO +THE TWELVE CAPITAL BURGESSES AND COMMONALTY OF +THE TOWN AND PARISH OF SHEFFIELD, WITH ABSTRACTS +OF ALL SHEFFIELD WILLS PROVED AT YORK PRIOR to 1554, +by <span class="smcap">T. Walter Hall</span>; with over 100 local genealogies and 4 photographic +reproductions of early Sheffield seals and an early 15th century Sheffield +charter.</p> + +<p class="ralign">Published <i>May 1913</i>. Price 2/6.</p> + +<p class="gap2">DESCRIPTIVE CATALOGUE OF THE CHARTERS, ROLLS, DEEDS, +PEDIGREES, PAMPHLETS, NEWSPAPERS, MONUMENTAL +INSCRIPTIONS, MAPS, AND MISCELLANEOUS PAPERS, FORMING +“THE JACKSON COLLECTION,” AT THE SHEFFIELD PUBLIC +REFERENCE LIBRARY, by <span class="smcap">T. Walter Hall</span> and <span class="smcap">A. Hermann Thomas</span>: +with Prefatory Note by Dr. <span class="smcap">Henry Jackson</span>, O.M., Regius Professor of +Greek and Fellow of Trinity College, Cambridge, and five photographic +reproductions of ancient local documents.</p> + +<p class="ralign">Published <i>July 1914</i>. Price 5/-.</p> + +<p class="gap2">SHEFFIELD PEDIGREES volume II, contributed by Messrs. <span class="smcap">J. B. +Mitchell-Withers</span>, <span class="smcap">H. P. Marsh</span>, <span class="smcap">R. E. Leader</span>, <span class="smcap">S. O. Addy</span>, +<span class="smcap">W. S. Porter</span>, <span class="smcap">C. Drury</span>, and <span class="smcap">T. Walter Hall</span>. Containing 16 +genealogies with notes.</p> + +<p class="ralign">Published <i>January 1915</i>. Price 5/-.</p> + +<p class="gap2">DESCRIPTIVE CATALOGUE OF MISCELLANEOUS CHARTERS +AND OTHER DOCUMENTS RELATING TO THE DISTRICTS OF +SHEFFIELD AND ROTHERHAM, WITH ABSTRACTS OF WILLS +PROVED AT YORK FROM 1554 to 1560; by <span class="smcap">T. Walter Hall</span>, with +315 local genealogies and six photographs of medieval charters, &c.</p> + +<p class="ralign">Published <i>September 1916</i>. Price 5/-.</p> + +<p class="gap2">THE PARISH REGISTER OF SHEFFIELD. Part I. BAPTISMS +AND MARRIAGES, 1560 to 1635. Transcribed and edited by +<span class="smcap">Charles Drury</span> and <span class="smcap">T. Walter Hall</span> of Sheffield; indexed by +<span class="smcap">John Charlesworth</span> of Wakefield. Privately printed for The Hunter +Archological Society of Sheffield and The Yorkshire Parish Register +Society.</p> + +<p class="ralign">Published <i>1917</i>. Price 10/6.<span class="pagenum"><a name="Page_v" id="Page_v">[Pg v]</a></span></p> + +<p class="gap2">THE PARISH REGISTER OF SHEFFIELD. Part II. BURIALS +1560 to 1635; BAPTISMS AND MARRIAGES 1635 to 1653. Transcribed +and edited by <span class="smcap">Charles Drury</span> and <span class="smcap">T. Walter Hall</span> of Sheffield, and +indexed by <span class="smcap">T. Walter Hall</span>. Privately printed for The Hunter +Archological Society of Sheffield and The Yorkshire Parish Register +Society.</p> + +<p class="ralign">Published <i>1918</i>. Price 10/6.</p> + +<p class="gap2">DESCRIPTIVE CATALOGUE OF THE CHARTERS, COPY COURT +ROLLS AND WILLS IN “THE WHEAT COLLECTION,” AT THE +SHEFFIELD PUBLIC REFERENCE LIBRARY; AND ALSO CHARTERS +FROM OTHER LOCAL COLLECTIONS, WITH ABSTRACTS +OF SHEFFIELD WILLS PROVED AT YORK FROM 1560 to 1566; +by <span class="smcap">T. Walter Hall</span>; with 285 local genealogies, and a Prefatory Note +by Mr. <span class="smcap">Hubert Hall</span>, of H.M. Public Record Office, F.S.A., and two +photographic reproductions of local charters of the 13th century. Appendix +containing a list of boys who went to Broombank House School, Sheffield, +with a biographical note on the reverend <span class="smcap">Thomas Howarth, M.A.</span></p> + +<p class="ralign">Published <i>August 1920</i>. Price 5/-.</p> + +<p class="gap2">THE PARISH REGISTER OF SHEFFIELD. Part III. BURIALS +1635 to 1653; BAPTISMS AND MARRIAGES 1653 to 1686. Transcribed +and edited by <span class="smcap">Charles Drury</span> and <span class="smcap">T. Walter Hall</span>, F.R.Hist.S. +Privately printed for The Hunter Archological Society of Sheffield and +The Yorkshire Parish Register Society.</p> + +<p class="ralign">Published <i>1921</i>. Price 10/6.</p> + +<p class="gap2">MATERIAL FOR THE HISTORY OF WINCOBANK, SHEFFIELD, +by <span class="smcap">T. Walter Hall</span>, F.R.Hist.S.; with plan of 1692 and 31 local +genealogies.</p> + +<p class="ralign">Published <i>December 1921</i>. Price 3/-.</p> + +<p class="gap2">DESCRIPTIVE CATALOGUE OF THE BROOKE TAYLOR COLLECTION +OF EARLY CHARTERS AND DEEDS RELATING TO OUTLYING +DISTRICTS OF SHEFFIELD by <span class="smcap">T. Walter Hall</span>, Hon. M.A. +(Sheffield), F.R.Hist.S.; with genealogies and photographic reproductions +of charters and seals. Appendix containing an article on Hawksyard near +Buxton; with its John of Gaunt hawking tradition and medieval history; +reprinted from <i>Transactions</i> of The Hunter Archological Society of +Sheffield.</p> + +<p class="ralign">Published <i>October 1922</i>. Price 5/-.</p> + +<p class="gap2">THE PARISH REGISTER OF SHEFFIELD. Part IV. In the Press.</p> + +<p class="ralign">Price 10/6.</p> + +<p>The above publications can be purchased from <span class="smcap">J. W. Northend Limited, +West Street, Sheffield</span>.</p> + +<p><span class="pagenum"><a name="Page_vi" id="Page_vi">[Pg vi]</a></span></p> +<p> </p> +<p><span class="pagenum"><a name="Page_vii" id="Page_vii">[Pg vii]</a></span></p> + +<h2 class="gap2"><a name="PREFACE" id="PREFACE"></a>PREFACE</h2> + +<p>My thanks are due to Colonel H. Brooke Taylor, for permission to search his +chambers in the Town Hall at Bakewell for hidden treasure, in the shape of +pre-reformation land charters court rolls and the like; to Mr Robert Shirley of +Waterhouse Farm near Longnor, for a sight of his title deeds to Hawksyard; +to his son Mr Edwin Leslie Shirley of Hawksyard, for a very pleasant visit to +his ancestral home in The Moorlands of Staffordshire, with its medieval tradition +and interesting associations; and to Mr James R. Wigfull, for an excellent little +map of Hawksyard and the surrounding country.</p> + +<p>It is only through the kindness and good nature of others, that a systematic +search for local history can proceed and although contributions accumulate in +small quantities, there is no more fruitful or reliable source of information, as +to people and places of bygone days, than the land charters and court rolls covering +the period from the Domesday survey to the reformation.</p> + +<p>Many bundles of old title deeds, unopened for centuries, yet lie hidden in +out-of-the-way corners and on inaccessible shelves; it should be part of the work +of every archological society to extract from all available deeds, relating to +its own district, whatever useful history they may contain.</p> + +<p>Every countryside, every village and every town becomes a more interesting +place to its inhabitants, when its history is known. The names of persons and +places become intelligible, dates and letters on buildings can be accounted for, disused +bridle roads and paths can be traced, the heraldry of the stained glass in the +church and of the tombstones in the churchyard can be read with understanding, +local genealogies can be extended and long cherished family traditions can often +be verified or explained.</p> + +<p>It is therefore of importance that whenever these ancient writings make their +appearance, there should be some person or association of persons ready and +willing to examine them, not only with the object of extracting any local history +they may contain, but also of recording it in a form suitable for future reference.</p> + +<p class="ralign" style="margin-right:2em;"><span class="smcap">T. Walter Hall.</span></p> + +<div class="figcenter" style="width: 598px;"> +<img src="images/illus_009.png" width="598" height="431" alt="Before 1290. Charter of Jordan de Pickeburne. (Brodsworth near Doncaster)" title="" /> +<div class="small" style="text-align:left;"><i>Photo Ethel Eadon</i></div> +Before 1290. <b>Charter</b> of Jordan de Pickeburne. (Brodsworth near Doncaster) +</div> + +<p><span class="pagenum"><a name="Page_1" id="Page_1">[Pg 1]</a></span></p> + +<h2 class="gap2"><a name="The_Brooke_Taylor_Collection" id="The_Brooke_Taylor_Collection"></a>The Brooke Taylor Collection.</h2> + +<div class="charternum">I</div> + +<p>13th century. Prior to the statute <i>Quia Emptores</i>, 18 Edw I (1290). <b>Charter</b> +(Lat) confirming a grant from Jordan son of Thomas de Pickeburne to Gilbert +Cook of Rickehale, for a certain sum of money, which he gave to the grantor by +hand as a fine (<i>in gersumma</i>), of one acre of land and a half, with the appurtenances, +in the north field of Pickeburne at the green hill, lying between the +proper land of the grantor on the one part and land which Jordan Wlm' formerly +held on the other part; of which one end butted upon the field of Hanepol and +the other end on land of Sir Marmeduke Darel; and also a plot of meadow ground +in the meadows of Pickeburne; to wit, it lay in length and in breadth one rod and +three quarters, between the meadow of the fee of Rockelay and the meadow of +Robert Knouẏs, of which one end butted upon the south cave (<i>antrum australe</i>) +and the other end upon the north cave (<i>antrum boreale</i>); to hold and to have of +the grantor and his heirs to the said Gilbert and his heirs or whomsoever; and +howsoever and whatsoever time he should wish to give, to bequeath, to assign or +to sell, in fee and inheritance free quietly peacefully and entirely; with all rights +of common, easements, liberties and appurtenances, without reservation; paying +thenceforth annually to the grantor and his heirs one halfpenny of silver on the +day of saint John the baptist, for all secular services, exactions, taxes, suits of +court and demands; warranty of title etc. <b>Witnesses</b>: Helias de Scauceby, +Thomas his son, Henry of the same place, William Joye of Pickeburne, Hugh +son of Beatrice, Thomas Fossard of the same place (<i>sic</i>), William de Fonte. +<b>Vellum</b>: one skin 6½ 4, seal missing. <b>Notes</b>: this interesting charter, of which +a photographic reproduction is given as a frontispiece, is in perfect condition, +except that the seal is missing. It is a subinfeudation of lands in the township of +Pickburn-with-Brodsworth, in the parish of Brodsworth and wapentake of Strafforth, +four miles north-west of Doncaster; for which Gilbert Cook paid a gersuma +or fine to Jordan de Pickburn. In the reign of Edward the confessor, Pickburn +was part of the lands of Alsie the Saxon lord; but after the conquest it was held +by Nigel Fossard under the earl of Morton, who accompanied William from +Normandy in his successful invasion of England. The earl subsequently forfeited +his English possessions and Nigel Fossard, his subinfeudatory, came to be acknowledged +tenant of the crown. Gilbert Cook may have been descended from Alberus +de Coci (Cook), who after the conquest held Hickleton and part of Cadeby. No +trace of Rickehale can be found. Jordan Wlm' is clearly written, probably it is a +contraction of Woolmer?<span class="pagenum"><a name="Page_2" id="Page_2">[Pg 2]</a></span></p> + +<p>Hanepol is mentioned in Domesday, it was a manor before the conquest, +belonging to Swein. The modern name is Hampole and it lies about two miles +north of Pickburn.</p> + +<p>Sir Marmeduke Darel was living 31 Hen III (1247), in which year he had a +charter of free warren at Brodsworth. The Darels got Brodsworth from the +de Buslis; they continued in possession from the beginning of the 13th to the +beginning of the 16th century; the last of the Darels being Sir Thomas, who died +without issue 23rd November 1505; see “South Yorkshire” vol I, page 315.</p> + +<p>The fee of Rockley was in Worsborough and this land near Pickburn must +have adjoined part of that fee. The Rockleys were settled in Worsborough at the +time of the conquest and continued in undisturbed possession until the civil wars. +Knouẏs may in later times have been Knovis. Scauceby now Scawsby, lies two +miles south-east of Pickburn. It appears to have been a more important place in +Saxon times than it is to-day. It is mentioned in Domesday as Scalchebi. Helias +may mean Ellis. The surname Joye has a small i for the initial letter.</p> + +<p>Nigel Fossard above mentioned was, after the death of the earl of Morton, +one of several landowners in the deanery of Doncaster who held direct from the +crown; his fee included lands at Brodsworth and he also had a house at Doncaster; +but his baronial seat was Mulgrave Castle in north Yorkshire.</p> + +<p>William de Fonte was probably the prior of Ecclesfield, which priory belonged +at the date of this charter to the abbey of Fontenelle or saint Wandrille in Normandy.</p> + +<p>Probably William de Fonte engrossed this charter and added his name as +the last witness, which was a common practice of monks and scriveners.</p> + +<p>Judith, niece of William I and wife of earl Waltheof lord of Hallam, placed +a colony of monks from Fontenelle at Ecclesfield; probably in the 11th century, +as she was married in 1070; see “Archologia” vol 26, page 352. From charter-evidence +it is certain that the priory was in existence in 1141. From this it may +be assumed that this beautifully written charter had its origin in Ecclesfield priory, +and was taken by prior William to Pickburn, where the other witnesses would +meet, to see possession of the land given and the grant confirmed by deed.</p> + +<p class="center"><b>Genealogy deduced.</b></p> + +<p class="center">(i)</p> + +<table summary="Genealogy 1"> +<tr> +<td class="ralign smcap">Thomas de Pickeburne</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%"> </td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">Jordan</td> +</tr> +<tr> +<td colspan="4" class="center">both living shortly before 1290</td> +</tr> +</table> + +<p class="center gap2">(ii)</p> + +<table summary="Genealogy 2"> +<tr> +<td class="ralign smcap">Helias de Scauceby</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%"> </td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">Thomas</td> +</tr> +<tr> +<td colspan="4" class="center">both living shortly before 1290</td> +</tr> +</table> + +<p class="gap2"><span class="pagenum"><a name="Page_3" id="Page_3">[Pg 3]</a></span></p> + +<div class="charternum">II</div> + +<p>13th century. Prior to the statute <i>Quia Emptores</i>, 18 Edw I (1290). <b>Charter</b> +(Lat) confirming a grant from William de Mertone to Henry son of Roger Palmer, +of one toft in the town of Mertone and two acres of his land; that toft and those +acres which Roger his son formerly held of him to the end of all things; to wit, +the said Roger the said land either held or retained, for homage and services; +to have and to hold to him and his heirs or assigns, from him (the grantor) or his +heirs, freely quietly and entirely, with all liberties and easements, so much land in +the town of Mertone, with the appurtenances; paying thenceforth annually himself +or his heirs or assigns to him (the grantor) and his heirs, one pound of cummin +at the feast of saint Michael the archangel, for all services exactions and demands; +and he William and his heirs, the said land, with the appurtenances, to the said +Henry and his heirs or assigns, against all men and women, did warrant for ever. +<b>Witnesses</b>: Richard de Thorintone, Adam de Pultone, James de Poltone (<i>sic</i>), +Henry de Karletone, Roger son of John de (?)aynol, Emery (<i>Aumaricus</i>) de +Lekamtone and others. <b>Vellum</b>: one skin 6½ 3, portion of a green seal, +obscure. <b>Notes</b>: the form of the deed necessitates a date prior to 18 Edw I; +and it is only by the names of the persons mentioned in the charter that the +approximate date can be fixed. Mertone is an early form of Marton or Markeaton, +two miles north-west of Derby, Richard le Palmer was a witness to a lease of a +house in Markton (Markeaton) temp Edw I, see Jeayes “Derbyshire Charters”, +number 1651, page 205. The words “about 1275” are written on the back of the +charter, in a hand of later date.</p> + +<p class="center"><b>Genealogy deduced.</b></p> + +<table summary="Genealogy 3"> +<tr> +<td class="ralign smcap">Roger Palmer</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%"> </td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">Henry</td> +</tr> +<tr> +<td colspan="4" class="center">both living shortly before 1290</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">III</div> + +<p><b>1310</b> Monday next before the feast of All Saints (1st November). <b>Charter</b> (Lat), +dated at Kenwortheẏ, confirming a grant from William Nolbildon (?) and Margery +his wife to William de Baggyleigh and his heirs, of one messuage and five acres +of land, with the appurtenances, in Norworthen and Kenwortheẏ, without any +reservation; to have and to hold to him and his heirs, of the chief lord of the fee, +by services thenceforth owing and accustomed; freely quietly well and in peace, +with all liberties and easements to the said land, in the town of Norworthen and +Kenwortheẏ howsoever described; they, the said William and Margery and their +heirs, all the lands aforesaid with the messuage aforesaid and with all their appurtenances, +situated as before written, to the said William (Baggyleigh) and his heirs +and assigns, against all men did warrant and defend. <b>Witnesses</b>: Robert de Masey +of Sale, Robert de Tatton, Richard de Kogworth, Richard de Brounehul, Roger de +Kenwortheẏ, Robert del Cley (?) clerk. <b>Vellum</b>: one skin 8½ 2¼, two seals<span class="pagenum"><a name="Page_4" id="Page_4">[Pg 4]</a></span> +missing. <b>Notes</b>: this is a grant of land in Northenden in the hundred of Macclesfield, +Cheshire. It is on the south bank of the river Mersey, seven miles south of +Manchester. Withenshaw Hall is the ancient family seat of the Tattons, who were +lords of the manor. See Ormrod’s “History of Cheshire” volume iii, pages 604 +to 611.</p> + +<p class="center"><b>Genealogy deduced.</b></p> + +<table summary="Genealogy 4"> +<tr> +<td class="center smcap">William Nolbildon = Margery</td> +</tr> +<tr> +<td class="center">both living 1 Nov 1310</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">IV</div> + +<p><b>1332</b> Tuesday in the feast of the translation of saint Dunstan (7th September). +<b>Quitclaim</b> (Lat), dated at Kenwortheẏ, from Emma daughter of Richard de +Macworth to Sir William de Baggelegh knight and his heirs, of all her right and +claim in all lands or tenements, with their appurtenances, which she had of the +gift and testament (?) of Roger del Tatton (?) in Kenwortheẏ in the town of +Nortworhtheẏ (<i>sic</i>) with the annual rent for the said lands. <b>Witnesses</b>: Roger le +Masey of Sale, John de Carmarthon, William de Tatton, Thomas del Brome, +Adam Lobias. <b>Vellum</b>: one skin 8 3, seal missing. <b>Notes</b>: the writing is +much faded in places.</p> + +<p class="center"><b>Genealogy deduced.</b></p> + +<table summary="Genealogy 5"> +<tr> +<td class="ralign smcap">Richard de Macworth</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%"> </td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">Emma</td> +</tr> +<tr> +<td colspan="4" class="center">living 7 Sep 1332</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">V</div> + +<p><b>1353</b> Sunday next after the feast of saint Adelmus the confessor (25th May). +<b>Agreement</b> (Lat), dated at Northworthẏn between William de Tatton of the one +part and Robert his son of the other part: to wit, that the said William as witness +(<i>superstes</i>) gave and granted for all his life to the said Robert his heirs and assigns, +all his messuages lands and tenements, rents and services, which he had etc in the +town of Northworthẏn Kenwortheẏ and Wythynschagh, with all their appurtenances, +except so much of those lands and tenements which Thomas Medock +the miller (?) held from the said William for a term of years, in the town of +Northworthẏn, with the appurtenances; to have and to hold to the said Robert +his heirs and assigns freely quietly etc, for all the life of the said William; of the +chief lord of that fee, for services thenceforth due and of right accustomed; provided +that the said Robert should maintain and order for the said William, during +the life of himself William, suitable and sufficient sustenance; and if it happen +that the said Robert, during the life of the said William his father, should die, the +said William agreed (?) that all the said lands and tenements rents and services, +with the appurtenances, for the time of the life of him, to him should return revert<span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span> +and remain, except those lands and tenements in Wythynshagh, with the appurtenances; +to wit, those tenements which the said William first held, which lands +and tenements with the appurtenances, the said William granted and gave, which +during the life of himself William would remain in the possession of Sybil wife of +the said Robert and her relations, for their maintenance. <b>Witnesses</b>: William de +Hynckley parson of the church of Northworthẏn, Richard de Baggelegh, Richard +de Brom, William son of Richard de Tatton, John son of Roger (?) de Kenwortheẏ. +<b>Vellum</b>: one skin 9 3½, seal missing.</p> + +<p class="center"><b>Genealogies deduced.</b></p> + +<p class="center">(i)</p> + +<table style="border-collapse:collapse;" summary="Genealogy 6"> +<tr> +<td colspan="2" class="ralign smcap">William de Tatton</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:4em;"> </td> +<td class="bb"> </td> +<td class="br bb"> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td class="br"> </td> +<td> </td> +<td> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td colspan="5" class="smcap" style="padding-left:2.5em;">Robert = Sybil</td> +</tr> +<tr> +<td colspan="5" class="center">all living 25 May 1353</td> +</tr> +</table> + +<p class="center">(ii)</p> + +<table summary="Genealogy 7"> +<tr> +<td class="ralign smcap">Richard de Tatton</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%"> </td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">William</td> +</tr> +<tr> +<td colspan="4" class="center">both living 25 May 1353</td> +</tr> +</table> + +<p class="center">(iii)</p> + +<table summary="Genealogy 8"> +<tr> +<td class="ralign smcap">Roger de Kenworthey</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%"> </td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">John</td> +</tr> +<tr> +<td colspan="4" class="center">both living 25 May 1353</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">VI</div> + +<p><b>(1391)</b> Sunday next before the feast of saint Martin in winter (11th November), +in the 15th year of Richard II. <b>Charter</b> (Lat) dated at Wythinschawe, confirming +a grant from Robert de Tatton senior to John son of Robert de Legh and John de +Rossyndale chaplain, of all his messuages lands and tenements with the appurtenances, +in Wythinschawe in the town of Kenwortheẏ, which Margaret, who was +the wife of Robert de Tatton junior, Robert Dukhard (?) parson of the church of +Northdene, Richard del Brome and William de Kenwortheẏ held from the grant +of him (Robert de Tatton senior), for the term of his life, in the town aforesaid, +to have and to hold all the said messuages lands and tenements, with all lands +houses meadows feedings and pastures and other their appurtenances; and also +with forty three shillings and four pence annually, at the feast of the nativity of +saint John the baptist, and saint Martin the bishop, by equal portions; for the said +Margaret, Robert Dukhard (?) Richard and William, during his (the said Robert +de Tatton senior) life, in advance, freely quietly well and in peace, with all profits +liberties turbaries common of pasture and other easements to the said lands and +tenements wheresoever, belonging and in the said town existing and to the same, +of whatsoever manner, to be firmly held: of the chief lord of that fee, for services<span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span> +thenceforth owing and of right accustomed; warranty of title etc. <b>Witnesses</b>: +Peter de Legh then steward of Macclesfeld, William de Legh chevalier, John de +Honford (?), Richard de Brome, William de Ken'. <b>Vellum</b>: one skin 9½ 3¼, +seal missing.</p> + +<p class="center"><b>Genealogies deduced.</b></p> + +<p class="center">(i)</p> + +<table style="border-collapse:collapse;" summary="Genealogy 9"> +<tr> +<td colspan="2" class="ralign smcap">Robert de Tatton</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td colspan="2" class="center">senior</td> +<td class="br bb"> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td class="br" style="width:4em;"> </td> +<td class="bt"> </td> +<td> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td colspan="5" class="smcap" style="padding-left:2.5em;">Robert = Margaret</td> +</tr> +<tr> +<td colspan="5" style="padding-left:3em;">junior</td> +<td colspan="3"> </td> +</tr> +<tr> +<td colspan="5" class="center">all living 11 Nov 1391</td> +</tr> +</table> + +<p class="center">(ii)</p> + +<table summary="Genealogy 10"> +<tr> +<td class="ralign smcap">Robert de Legh</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%"> </td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">John</td> +</tr> +<tr> +<td colspan="4" class="center">both living 11 Nov 1391</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">VII</div> + +<p><b>1399</b> May 15th. <b>Deed of covenant</b> (Lat) given at Lancaster Castle and made +between John Gaunte duke of Lancaster fourth son of King Edward the third and +Edward Mundy of Marton in the county of Derby knight; whereby, after reciting +a visit of John Gaunte to Highe Frith in the parish of Alstonefield in the +county of Stafford, on the 10th May 1399, for the purpose of hawking; the said +John Gaunt (<i>sic</i>) gave and delivered to the said Edward Mundy, a piece of land, to +which the said John Gaunt gave the name of Hawkesyerd otherwise Hawksearth. +The boundaries of the land are given in detail and also the names of some of the +fields and the adjoining farms and grouse moors. <b>Witnesses</b>: William Stanley gent, +John Porter gent, James Lewis gent, Wi'm Stanley gent, Thos Mundy gent, John +Thornicroft attorney. <b>Vellum</b>: one skin 15 8½, round seal of green wax, 3½ inches +diameter and an inch thick. See appendix and photographic reproductions.</p> + +<p class="gap2"> </p> +<div class="charternum">VIII</div> + +<p>(<b>1414</b>) Sunday next after the feast of Thomas the apostle (21st December), in +the 2nd year of the reign of Henry V. <b>Charter</b> (Lat) confirming a grant from +John Marreys son of Walter Marreys of Rostlastone to Thomas Gresley knight, +William Babẏngtone, John Abell of Caldewall and William Ward of Coton their +heirs and assigns, of all his lands and tenements rents reversions possessions and +services, with their appurtenances, which he had or in the future might have in +the town and territories of Rostlastone and Lynton or elsewhere in the county of +Derby, without reservation; to have and to hold all the said lands tenements etc +to the said Thomas, William, John Abell and William their heirs and assigns +freely quietly well and in peace for ever; of the chief lord of that fee, for services +etc; warranty of title. <b>Witnesses</b>: Roger de Hortone lord of Catton, John Dethek +of Neuhall, John Abell of Stapenhull, John Lathebury de Newtone Suluẏ, Robert<span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span> +Thirmot of Lyntone. <b>Vellum</b>: one skin 10½ 4½, seal missing. <b>Notes</b>: Rostlastone +now Rosliston is a parish in the hundred of Repton county Derby, four +miles south-west of Burton-on-Trent; Cauldwell, Coton-in-the-elms, Catton-on-Trent, +Linton, Newton-Solney and Gresley are close by and lie near the confluence +of the Dove and the Trent.</p> + +<p class="center"><b>Genealogy deduced.</b></p> + +<table summary="Genealogy 11"> +<tr> +<td class="ralign smcap">Walter Marreys</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%" class="ralign">of Rostlastone</td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">John</td> +</tr> +<tr> +<td colspan="4" class="center">both living 21 Dec 1414</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">IX</div> + +<p>(<b>1414-15</b>) Sunday in the feast of the purification of the blessed Mary (2nd February), +in the 2nd year of Henry V. <b>Deed of exchange</b> (Lat) dated at Kenworthy +and made between William de Tatton of the one part and William le Hunte and +Margaret his wife of the other part; whereby the said William de Tatton ... demised +and by that then present indenture confirmed to William le Hunte and +Margaret his wife and their heirs for ever, a certain parcel of land lying in Kenworthy +called Lamputtes, in exchange for another parcel of land lying near the +house of William de Tatton called Ruyssihey; to have and to hold the said parcel +of land called Lamputtes to the said William le Hunte and Margaret his wife and +their heirs for ever, making to the chief lord services etc; warranty of title. +<b>Witnesses</b>: Thomas de Legh of Bagulegh, Roger le Massy of Sale, Robert de +Hull'. <b>Vellum</b>: one skin 11½ 3½, seal missing. <b>Notes</b>: this deed is indented +and possibly the other part contained a grant or demise of Ruyssihey or Rushyhey +to William de Tatton completing the exchange. In this deed the words of grant +are illegible except “demise”; and the deed only effects one part of the exchange.</p> + +<p class="center"><b>Genealogy deduced.</b></p> + +<table summary="Genealogy 12"> +<tr> +<td class="smcap center">William le Hunte = Margaret</td> +</tr> +<tr> +<td class="center">both living 2 Feb 1414-15</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">X</div> + +<p>(<b>1425-6</b>) in the feast of saint Vincent martyr (22nd January), in the 4th year of +Henry VI. <b>Release and quitclaim</b> (Lat), dated at Over Haddon, from William +de Brodehurst, son of William de Brodehurst, of Over Haddon to John Brodehurst +his brother his heirs and assigns; of all right and claim of right which he had, +in one messuage and eighteen acres of land, with the appurtenances, lying in the +said town and fields of Over Haddon, which same messuage and eighteen acres of +land, with the appurtenances, the said John his brother had from the gift and grant +of Cecilie their mother by a certain charter etc. <b>Witnesses</b>: John de Farefeld (?) +of Over Haddon, John ... of the same town, John de Gyte, Nicholas<span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span> +Pygges (?), Thomas de ... <b>Vellum</b>: one skin 10 3½, seal missing. +<b>Notes</b>: this deed is in bad condition and the writing is much faded, many words +and sentences being illegible; but the general outline and date are clear and doubtful +names are indicated in the above abstract. One of the witnesses John de Gyte +of Over Haddon is mentioned as purchaser of land in Over Bondsale 3 Hen VI +(1424), in a grant abstracted in Jeayes’ “Derbyshire Charters” No 317.</p> + +<p class="center"><b>Genealogy deduced.</b></p> + +<table summary="Genealogy 13" style="border-collapse:collapse;"> +<tr> +<td colspan="2" class="ralign smcap">William de Brodehurst</td> +<td colspan="2" class="center">=</td> +<td colspan="2" class="smcap">Cecilia</td> +</tr> +<tr> +<td style="width:24%;"> </td> +<td style="width:24%;" class="bb"> </td> +<td style="width:2%;" class="bb br"> </td> +<td style="width:2%;" class="bb"> </td> +<td style="width:24%;" class="bb"> </td> +<td style="width:24%;"> </td> +</tr> +<tr> +<td class="br"> </td> +<td> </td> +<td> </td> +<td> </td> +<td class="br"> </td> +<td> </td> +</tr> +<tr> +<td colspan="2" class="center"><span class="smcap">William</span> of</td> +<td> </td> +<td> </td> +<td colspan="2" class="center smcap">John</td> +</tr> +<tr> +<td colspan="2" class="center">Over Haddon</td> +<td> </td> +<td> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td colspan="6" class="center">all living except perhaps Cecilia 22 Jan 1425-6</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">XI</div> + +<p>(<b>1426</b>) November 6th, in the 5th year of Henry VI. <b>Letter of attorney</b> (Lat), +dated at Ouerhaddon, from Richard son of John Walker of Ouerhaddon to William +de Brodhirst senior and John his son, to give seisin to William de Brodhirst junior +and Margorie his wife, in one messuage and xxvi acres of land and meadow, +with the appurtenances, in Ouerhaddon, following the form and effect of a certain +charter of the said John Walker to the same William de Brodhirst junior and +Margorie. <b>Vellum</b>: one skin 12 1½ seal missing.</p> + +<p class="center"><b>Genealogies deduced.</b></p> + +<p class="center">(i)</p> + +<table summary="Genealogy 14"> +<tr> +<td class="ralign smcap">John Walker</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%" class="ralign">of Ouerhaddon</td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">Richard</td> +</tr> +<tr> +<td colspan="4" class="center">both living 6 Nov 1426</td> +</tr> +</table> + +<p class="center">(ii)</p> + +<table summary="Genealogy 15" style="border-collapse:collapse;"> +<tr> +<td colspan="2" class="ralign smcap">William Brodhirst</td> +<td colspan="2" class="center">=</td> +<td colspan="2">......</td> +</tr> +<tr> +<td style="width:24%;" class="ralign">senior</td> +<td style="width:24%;" class="bb"> </td> +<td style="width:2%;" class="bb br"> </td> +<td style="width:2%;" class="bb"> </td> +<td style="width:2em;" class="bb"> </td> +<td> </td> +</tr> +<tr> +<td class="br"> </td> +<td> </td> +<td> </td> +<td> </td> +<td class="br"> </td> +<td> </td> +</tr> +<tr> +<td colspan="2" class="center smcap">John</td> +<td> </td> +<td> </td> +<td colspan="2" class="smcap">William = Margorie</td> +</tr> +<tr> +<td> </td> +<td> </td> +<td> </td> +<td> </td> +<td colspan="2">junior</td> +</tr> +<tr> +<td colspan="6" class="center">all living 6 Nov 1426</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">XII</div> + +<p>(<b>1565</b>) July 12th, in the 7th year of Elizabeth. <b>Award</b> (Engl) of Gregorye +Reyvell of Stanyngton, Robert Hawksworthe of Thornsett, Phyllyppe Morton +of Ughyll and Thomas Greyve of Westnall in the countye of Yorke yomen. +Reciting that where certayn debate contraversye and varyance then of late had +been dependynge betwene Henry Gelat of Wygtuysle in the countye of Yorke +yoman of the one partye and Henry Morton and Henry Ibotson of the same +Wygtuysle in the same countye yomen of the other partye, and especyally of for<span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span> +and concernynge the occupacion of certayne Byredole lands in Wygtuyslee afforsayd, +in so muche as bothe the sayd partyes had submytted them selffs to stand to +and adyde obserue performe fullfyll and kepe the award arbytrament order rule +dome and judgement of them the sayd Gregorye Reyvell etc arbytratourers +indefferently electe and chosen betwene the sayd partyes to arbytrate award etc, +of in for and uppon almanner of matters accyons suyts grudges trespasse quarrells +detts and demaunds what so euer they be had moved styrred and in any wyse +dependynge betwene the sayd partyes, frome ye begynynge of the worlde unto the +day of makynge heroff for the pacyffyenge wheroff they the sayd arbytratourors +had takyn uppon them the offyce and aucthoryte of arbytrament at Wygtuysle +affor sayd and then and there awarded etc, in manner and form foloynge; Fyrste, +we award etc, that the sayd partyes shall frome hencefurthe be faythefull lovers +and friends and deale as lovynge nebors ought to do; also we award etc, that the +sayd Henry Morton and hys heyrs shall at all times herafter haue hold occupye +and enyoye one parcell of wodd ground wch he haythe heretofore claymed, set +lyenge and beynge in a place called the nether croft and commonly called the +cloyghe without let trouble or ympedyment of the sayd Henry Gelot and hys +heyrs etc; and further we award etc that the sayd Henry Gelot and his heyrs +shall at all tymes herafter haue hold occupye and enyoye one parcell of land lyenge +in the nether end of one close called the hallowes, as yt ys now devyded and +meared by hus, without vexacion let trouble or ympedyment of the sayd Henry +Morton and Henry Ibotson and ther heyrs etc; and further that all other mears +and balks shall at all tymes herafter be kept and used contenually as they be now +appoynted by hus; and further we award that bothe the sayd partyes at all tymes +herafter in tyme of mast shall gether all the mast that shall fall frome ther own +trees, where so euer the same shall fortune to fall, without let etc, and that all +swyne of bothe partyes in mast tyme shall have all ther swyne to go at libertye +throughe out all the byredole lands, belongynge to the Town of Wygtuysle without +lett or harme. <b>Vellum</b>: one skin 13 7, seals missing. <b>Notes</b>: the deed is +indented, there are no witnesses. Mast is the fruit of beech and forest trees, food +for swine.</p> + +<p class="gap2"> </p> +<div class="charternum">XIII</div> + +<p><b>1568</b> October 24th, in the 10th year of Elizabeth. <b>Grant</b> (Engl) made between +Vincent Munday of Marketon in the county of Derby esquire and Edward Mundy +(<i>sic</i>) gentleman, son and heir apparent of the said Vincent, of the one part and +John Weston of Mackworth in the county aforesaid gentlemen of the other part; +whereby the aforesaid Vincent and Edward, for and in consideration of the sum +of three hundred pounds paid to the said Vincent and Edward by the said John +Weston, delivered gave granted sold bargained released and confirmed to the said +John Weston and his heirs executors and administrators, all that messuage or +tenement, with the appurtenances, situate lying and being in The Highe Frith<span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span> +within the parish of Alstonefield in the county of Stafford and being part parcel +and member of the manor of Alstonefield aforesaid and thereafter named; following +and more at large expressed; to wit all that messuage farm or tenement called +Hawkesyarde or otherwise Hawkesearthe, then in the tenure or occupation of +Raphe Bradburye and Maud his wife: then follows a full description of the outbuildings +lands etc, with extracts from the deed of covenant of the 15th May 1399 +hereinbefore abstracted and a full copy of which grant is given in the appendix +hereto. <b>Witnesses</b>: John Walker, Thomas Mundye gent, Thomas Brunt, John +Oakes yeoman and Thomas Mundy. <b>Vellum</b>: one skin 16 12, two round seals +of yellow wax, each 1½ inches in diameter and bearing a cross flory, probably +not armorial. <b>Notes</b>: photographic reproductions of this deed and the two seals +are given in the appendix. There is a memorandum endorsed recording the giving +of possession on the 24th November in the 10th year of Elizabeth in the presence +of the same witnesses, except John Walker.</p> + +<p class="center"><b>Genealogy deduced.</b></p> + +<table summary="Genealogy 16" style="border-collapse:collapse;"> +<tr> +<td class="ralign smcap">Vincent Munday</td> +<td colspan="2" class="center">=</td> +<td>......</td> +</tr> +<tr> +<td style="width:48%" class="ralign">of Marketon</td> +<td class="br" style="width:2%"> </td> +<td style="width:2%"> </td> +<td style="width:48%"> </td> +</tr> +<tr> +<td class="ralign">co Derby esquire</td> +<td class="br"> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td> </td> +<td class="br"> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td colspan="4" class="smcap center">Edward</td> +</tr> +<tr> +<td colspan="4" class="center">s & h ap gent</td> +</tr> +<tr> +<td colspan="4" class="center">both living 24 Oct 1568</td> +</tr> +</table> + +<p class="gap2"> </p> +<div class="charternum">XIV</div> + +<p>(<b>1625</b>) July 25th, in the 1st year of Charles I. <b>Deed of covenant</b> (Engl) made +between John Ibotson of Wigtwisle in the county of York clerke on the first +partye, William Ibotson of Nether Combes in the said county yeoman on the +second partye and Richard Ibotson of Worral in the said county yeoman on the +third partye; witnessed that the said John Ibotson for divers good causes and +considerations him moving did covenant grant conclude and agree to and with the +said William Ibotson and his heirs by those presents, that he the said John Ibotson +should and would before the feast day of saint Michael the archangell, then next +ensuing the date thereof, by his deed of feoffment, by him to be sealed and +delivered and with “liverye of seizen” lawfully executed give grant enfeoffe and +confirm unto the said William Ibotson and his heirs for ever; all that messuage +or tenement in Wiggtwisle (<i>sic</i>) aforesaid, which was sometime the tenement of +one Henry Morton deceased; and all houses buildings lands tenements meddowes +pastures woods under-woods commons comodityes and hereditaments of him the +said John Ibotson in Wiggtwisle aforesaid, whichever were the lands tenements +and hereditaments of the said Henry Morton in Wiggtwisle aforesaid, with all +their appurtenances whatsoever; to the only use and behoofe of the said William +Ibotson and of his heirs for ever; to the end that the said William Ibotson might +be adjudged and taken to be perfect tenant of the freehold of all the said<span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span> +messuage and other the said premises, until a perfect recovery might be had and +executed of all the said premises against him the said William Ibotson; and it was +also covenanted and agreed by and between all the said partyes to those presents +that a writt of entery <i>sur disseisen in le post</i> should be brought for the said +premises, at the cost and charge of the said John Ibotson, in the name of the +said Richard Ibotson, against the said William Ibotson; by the name or names of +one messuage one garden one orchard an hundred acres of land thirty acres of +meddowe twenty acres of pasture four acres of wood and forty acres of more +(moor), with thappurtenances, in Wiggtwisle alias Wẏghtwysill Bradfeild; or by +such the name or names as to the said John Ibotson should be thought meet and +convenient, according to the use of common recoveries in such case used; and that +the said William Ibotson should vouch to warrant the said John Ibotson who +should enter into the said warranty and vouch over the common vouchee, who +should appear and make default; also that a perfect recovery may be had and +judgement thereupon given, in his Majesty’s court of common plees at Westminster, +against the said William Ibotson who should recover in value, against the +said John Ibotson and the common vouchee, to be in mercye; and it was likewise +further covenanted etc by and between all the said parties, that after the execution +thereof of the said recovery, the same should be and enure, and the feoffee +named in the said feoffment and recoverer named in the said recovery, should at +and ever after the executing of the said feoffment and at and ever after the said +recovery, soe had as aforesaid, stand and be seized of the said messuage etc; +to the only use and behoof of the said John Ibotson and of his heirs and assigns +for ever, and to noe other use intent or purpose whatsover. <b>Witnesses</b>: Richard +Ibotson, Will' Woodson, John Potter. <b>Vellum</b>: one skin 21 10, three seals +obscure. <b>Notes</b>: John Ibotson signed, the other two were marksmen. It is interesting +to note that Wẏghtwysill is given as the <i>alias</i> for Wiggtwisle. According +to Hunter, John was the son of Henry Ibotson of Wightwisle and Mary Morton +daughter of Henry Morton of Wightwisle, referred to in this deed. John is said +to have had a living in Norfolk. His eldest daughter Mary married Christopher +Wilson of Broomhead. William and Richard Ibotson were probably related to +John whose grandson Charles Wilson was vicar of Sheffield. See F.M.G. vol II, +page 650.</p> + +<p class="gap2"> </p> +<div class="charternum">XV</div> + +<p><b>1625</b> July 30th, in the 1st year of Charles I. <b>Feoffment</b> (Lat) from John Ibotson +of Wigtwisle in the county of York clerk to William Ibotson of Nether Coombes +in the said county of York yeoman and his heirs for ever, of all that his messuage +or tenement in Wigtwisle aforesaid, which then formerly was the tenement of +Henry Morton, then deceased; and all his outhouses and buildings gardens orchards +lands tenements meadows pastures woods underwoods rights of common profits<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span> +and hereditaments in Wigtwisle aforesaid, with their appurtenances; to holdun to +and to the use of the said William Ibotson his heirs and assigns for ever, of the +chief lord etc, by services etc; warranty of title. <b>Witnesses</b>: Henry Ibotson, +William Wodson (the tenant), John P.... <b>Vellum</b>: one skin 12 5½, round +seal of red wax bears a dolphin, probably not armorial. <b>Notes</b>: there is a good +signature of “John Ibotsone.”</p> + +<p class="gap2"> </p> +<div class="charternum">XVI</div> + +<p><b>1633</b> May 13th, in the 9th year of Charles I. <b>Grant</b> (Engl) made between John +Ibotson of Wigtwisle in the county of York clerk of the one part and Christopher +Willson of Wigtwisle in the said county yeoman of the other part; whereby the +said John Ibotson, for and in exchange with the said Christopher Willson granted +etc unto the said Christopher Willson his heirs and assigns for ever, one way for +passage with drift cart and carriage then or theretofore used and accustomed, +unto and from a messuage or tenement at Wigtwisle aforesaid then in the occupation +of William Odeson, through a close of him, the said Christopher Willson, +called the Walls and thence into and from the nether croft, belonging to the said +messuage or tenement; to hold the abovesaid way etc, and all the right interest +and demand of him the said John Ibotson thereto unto and to the use the said +Christopher Willson his heirs and assigns for ever; warranty of title etc; and the +said Christopher Willson in lieu and exchange of the above etc, granted etc unto +the said John Ibotson his heirs and assigns for ever, one like way etc henceforth +and for ever thereafter to be used, unto and from the said messuage, then in the +occupation of the said William Odeson, to and from the nether crofts, lee and +nether hollin carr, belonging to the said messuage, by and “thorow” the fouldstead +of the said Christopher Willson on the south side of his house at Wigtwisle +aforesaid and from thence “thorow” the nether yeard and so to and from the three +closes last above mentioned; to hold unto and to the use of him the said John +Ibotson his heirs and assigns for ever; warranty of title etc. <b>Witnesses</b>: William +Garlicke, William Odeson. <b>Vellum</b>: one skin 10½ 9½, seal missing. <b>Notes</b>: +both Christopher Willson and William Garlicke, the witness, were sons-in-law of +John Ibotson, see Hunter’s F.M.G. vol II, page 652. The word Wigtwisle when +used to describe the residence of Christopher Willson has been written on an +erasure.</p> + +<div class="figcenter" style="width: 613px;"> +<img src="images/illus_024.png" width="613" height="451" alt="Map of Hawksyard and The Moorlands of Staffordshire." title="" /> +<span class="caption">Map of Hawksyard and The Moorlands of Staffordshire.</span> +</div> + +<p><span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span></p> + +<h2 class="gap2"><a name="APPENDIX" id="APPENDIX"></a>APPENDIX.</h2> + +<p class="center small">Reprint from <i>Transactions</i> of The Hunter Archological Society.</p> + +<p class="center x-large"><b>HAWKSYARD.</b></p> + +<p class="center small"><span class="smcap">By</span> T. WALTER HALL, Hon. M.A. (<span class="smcap">Sheffield</span>), F.R.Hist.S.</p> + +<p class="gap2">Place-names, obvious in their meaning but suggesting a remote origin +and a forgotten past, attract the historian, if not the philologist.</p> + +<p>Hawksyard is one of these; its import is Hawksland but its +history lies hidden in the records of past centuries; it excites our curiosity +and quickens our imagination.</p> + +<p>We instinctively recall scenes of English sport in bygone days; +of kings and nobles, knights and ladies, riding across the unfenced country; +over moorland and waste, through fen and ford, with hooded falcon and +stooping hawk, enjoying what was for nearly a thousand years the +national sport of England.</p> + +<p>Such a scene was brought to mind by the perusal of two musty +parchments with imposing seals and faded script, quarried from the +lower <i>strata</i> of time-worn muniments, in the office of Colonel Brooke +Taylor of Bakewell.</p> + +<p>The earlier of these deeds takes us back to the death of John of +Gaunt and the resignation of Richard II in the closing year of the 14th +century; the later one was sealed and delivered in the less tragic days +of Queen Elizabeth.</p> + +<p>They both relate to Hawksyard, situate in that part of The Moorlands +of Staffordshire known in the middle ages as Highe Frith +of Malbanc Forest; south of Buxton and east of the church at Newtown +near Longnor.</p> + +<p>The deed of John of Gaunt bears date the 15th May 1399, in bold +Arabic numerals; it is written in a jargon intended to be Latin and +measures 15 8½ inches; its round pendent seal of green wax has a +diameter of three and a half inches and is nearly an inch thick. The +parchment is dark in colour, coarse in texture and much crinkled; the +writing is not uniform in character, parts being in a flowing hand +suggesting a date long subsequent to the Plantagenets. The deed begins +with the word <i>Conventum</i>, meaning a covenant or agreement under +seal; but, from the concluding paragraph, it was evidently intended to +operate as a deed of gift or grant in fee simple of the lands called +Hawksyard.<span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span></p> + +<div class="figcenter" style="width: 651px;"> +<img src="images/illus_027.png" width="651" height="385" alt="1399 May 15th. Deed of Covenant, John of Gaunt to Sir Edward Mundy." title="" /> +<div class="small" style="text-align:left;">Photo Ethel Eadon</div> +1399 May 15th. <b>Deed of Covenant</b>, John of Gaunt to Sir Edward Mundy. +</div> + +<p>The following is a transcript with the contractions indicated but +not extended:—</p> + +<div class="blockquot"><p>Conventum inter Johan' Gaunte Duc' Lancast' quart' fillius Regy' +Edvardi tert' et Edvardum Mundy de Marton in Comitatu Derb' +equit' Joh'es Ga'nt Dux Lancast' p'mittebat Domin' Edvard' Mundy +visere ap'd Marton in Comitat' Derb' p'd q' pariter prestabat Et +etiam Dominus Edvardus Mundy iterfaciebat Duc' Lancast' +Comitibusq' ejus in Highe Frith parochia Allstonefield Comitatu +Staffordi Cum in eum locum pase (?) publice p'venirent qui +nuncupatur Lady Edge cujus defugabant (?) excitabant Gallos palust' +ad quos illico accipitres evertebant apud quos accipitres fuga petebant +int' illos Limites ut posthac mention's siant hoc Termino qui +expositus erat Avibus volantibus ultro citroq' ad viam publica' qua +abduit ab Longnor ad Leeke al' parte circunt quo accipitres pred'am +apprehendebant parte juxta mediam circuituo juxta convallem Orient' +Decim' Die May' Ann' Dom' 1399 Quamobre' Joh'es Gaunt ei +dabat Titulu' nomenq' Hawkesyerd alias Hawksearth propter pred'a +apprehensa' inter Limit' qui posthac mentionem fit qui non antehac +nuncupabatur ... Aliquae pauce Fundi Partes que posthac +mentione' fiunt Viz' alia pars Fundi nuncupatur Harrisons Intake al' +pars Fundi nuncupat' House-Fielde quo parva vel Domus stabat al' +pars Fundi nuncup' Little Meadow quae ex part' meridional' inter +jacet Locu' nuncup' Boothesley Grange al' pars Fundi nuncup' +Spart (? Spout) Meadow fluvio adjacans erga Occidentam al' pars +Fund' nuncupat' Killn Croffte fluvio adjac' erga Occidente' al' pars +Fund' nuncup' Spart (?) al' pars Fundi nuncupat' Rye Pingle erga +Occidentem sequia secale illo p'senti anno Cresscebat Limes Hawksyerd +alias Hawksearth jacens positusq' in Highe Frith Parochia +Allstonefield Comitatuq' Staffordie exposit Johan' Gaunt Duc' +Lancast' p'd' inter tales Metas qual' posthac mentione' fiunt attin' illi +soli Domo predi'oq' nuncup' Hawksyerd alias Hawksearth p'd ubi +est convallis oriental' ejus part' Fluviusq' Curans erga merediem +juxta Fluvium int' ilium et Locum nuncup' Banke aut al' Over +boothesley Etiam parte meridional' convallus ... et Fluvius +currens erga Orient' juxta Fluviu' int' illu' Locumq' nuncup' +Bauthsley (<i>sic</i>) Grange illaq' ascendit part' meridional' Funi qui +nuncup' Rye Pingle quia jacet erga Occident' et setendit directe ad +fugum q'd nuncup' Lady Edge jacens positusq' in Highe Frith +Parochia Allstonefield Comitatuq' Stafford' et tunc transjugu' q'd +est erga septentrionem directe ad viam publica' quae abducit ab +Longnor ad Leeke Etiamq' publica' juxta via' erga Orient' usq' +du' directe p'venit ad Convalla' Termino Orientali Tractus praedi'i<span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span> +expositus primo Ann' Regni Regis Henrici Quart' assignabat Limat +vel Expellere includere vel admittere ad Sol' proprium usu' Comodumq' +illius Domus predi'iq' nuncu'q' Hawksyerd al' Hawksearth p'd +etiam Libertinuanu' publi' pascu' jusque effodiendi Cespites p' +Desertu' Domin' Allstonefield Dom' Edvardus Mundy de Marton in +comitat' Derby (<i>sic</i>) p'd' favore unum suplicabat Joh'es Gaunt Du' +Lancastriae quem dicebat consideret Si illi esset postestas Dom' +Edvardus ilium orabat et ei daret predi'u' nuncup' Hawksyerd alias +Hawksearth p'd' Et Joh'es Gaunt libere Largiebatur et concedebat +illi et posteris in Aeturnu' Dom' Edvardus Mundy profesiebatur Joh'e +Gaunt Comitibusq' eum visere apud Castrum Lancast' quo Joh'es +Gaunt sigillabat Subscribebat et in potestatem Domin' Edvardi +Mundy Premis' tot' tradebat decimo quint' Die May Anno D'm' 1399 +coram William Stanley Gent John Porter Gent' James Lewis Gent' +Wi'm Stanley Gent' Tho's Mundy Gent' John Thornicroft Attorney.</p></div> + +<p>It is not easy to give a true interpretation of this unconventional deed; +the operative part, which should be clear and precise, being vague and +inconclusive. The following is what may be accepted as a free translation +conveying a general idea of the purport and effect of the deed:—</p> + +<div class="blockquot"><p>An Agreement between John Gaunte duke of Lancaster, fourth son +of King Edward the third and Edward Mundy of Marton [Markeaton] +in the county of Derby knight. John Gaunt (<i>sic</i>) went himself +to visit Sir Edward Mundy at Marton in the county of Derby aforesaid +... and Sir Edward Mundy made a journey with the duke +of Lancaster and his attendants into Highe Frith in the parish of +Alstonefield in the county of Stafford; when they arrived at that +piece of public ground [? the common or moorland waste of the +manor] which was called Lady Edge, from which moorcock [both +red and black grouse] were frequently driven away and from whence +hawks were let loose and flown within such boundaries as were +thereinafter mentioned, to this boundary which was free and open +for birds flying backwards and forwards near the public road, which +led from Longnor to Leek. In the part of the circle in which the +hawks took [the grouse] near the middle circuit next the east clough, +on the 10th day of May 1399: for this reason John Gaunt gave it the +title and name of Hawksyerd otherwise Hawksearth, because of the +game being taken within its limits, thereinafter mentioned, which +place was not theretofore named, some other pieces of land, which +after that were made mention, to wit, part of a piece of land called +Harrisons Intake, part of a piece of land called House Fielde, on which +a small shed or house was standing, part of a piece of land called +Little Meadow, which on the south lay between a place called<span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span> +Boothesley Grange and part of a piece of land called Rye Meadow +following the stream pointing west, part of a piece of land called +Killn Croffte adjoining the stream, thence west, part of a piece +of land called Spart (?) Meadow, part of a piece of land called Rye +Pingle, thence west following the rye of that year then growing. The +boundary of Hawksyard otherwise Hawksearth, lying and being in +Highe Frith in the parish of Alstonefield in the county of Stafford +set out by John Gaunte duke of Lancaster aforesaid, between such +bounds as were thereinafter mentioned, were set out for that house +only; and the land called Hawksyerd otherwise Hawksearth aforesaid, +where there is a clough at the east end of it and a purling +stream, thence south following the stream between that and a place +called Banke or otherwise Over Boothesley; also on the south side, a +clough and stream ran, thence east next the stream, between that +place called Bauthsley (<i>sic</i>) Grange and ascending on the south of +the piece of land which is called Rye Pingle, thence west leading +direct to the high ridge which is called Lady Edge, lying and being +in Highe Frithe in the parish of Alstonefield in the county of Stafford; +and then across the ridge which is north direct to the public road, +which led from Longnor to Leeke; and also along the public road +thence east it passed straight to the east end of the clough. The +full extent of the said land, in the 1st year of the reign of King +Henry IV, was marked out and set to limits either to expel, keep in +or admit, to the only proper use and advantage of that house called +Hawksyerd otherwise Hawksearth aforesaid; and also the liberty to +dig turf in the public meadow and wastes of the lordship of Alstonefield. +Sir Edward Mundy of Marton in the county of Derby aforesaid +prayed for one favour of John Gaunt duke of Lancaster, which he +[John] said he would consider if to him it were possible. Sir Edward +asked him and he [John] to him gave the said place called Hawksyerd +otherwise Hawksearth aforesaid and John Gaunt did freely give and +grant it to him and his descendants forever. Sir Edward Mundy then +went with his attendants to John Gaunt to see him at Lancaster +Castle which [agreement] John Gaunt sealed and subscribed; and +into the control of Sir Edward Mundy, all the before mentioned was +handed over on the 15th day of May 1399 In the presence of William +Stanley Gent, John Porter Gent, James Lewis Gent, Wi'm Stanley +Gent, Thomas Mundy Gent, John Thornicroft Attorney.</p></div> + +<p>If this deed correctly records the facts, we must infer that John of +Gaunt owned lands in north Staffordshire between Longnor and Leek; +and that they probably formed part of the lands belonging to the duchy of +Lancaster. We learn that his friend Sir Edward Mundy of Markeaton,<span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span> +twenty miles away to the south-east, invited the duke to visit him there; +a hawking party being arranged on the 10th May 1399 by Sir Edward +for the entertainment of his royal guest; one of the highest points of +The Moorlands, known as Lady Edge, nearly 1500 feet above the sea, +where grouse were always to be found, was selected as the trysting place. +The party would ride from Markeaton across the open country to Lady +Edge, and they appear to have had good sport. Probably John of Gaunt +and his friends from Markeaton watched the hawking from the top of +Lady Edge and the undulating land which lies between Lady Edge and +Hawksyard, the quarry being taken within a distance of half a mile +to the north-east. So pleased was the duke, that he honoured the place +where the hawks took their quarry by giving it the name of Hawksyard +otherwise Hawksearth; a place which before then was unnamed. The +deed also states that before the duke left Markeaton, Sir Edward asked +him as a personal favour to give Hawksyard to Sir Edward and that the +duke promised to consider the request. Apparently Sir Edward returned +with the duke to Lancaster, as a few days later the duke is stated to +have sealed and subscribed this deed at Lancaster Castle and delivered it +into the hands of Sir Edward on the 15th May 1399. The metes and +bounds are fully set forth in the deed, which also records that the +boundaries were marked out on the land in the 1st year of Henry IV.</p> + +<div class="figcenter" style="width: 570px;"> +<img src="images/illus_032.png" width="570" height="437" alt="1568 October 24th. Grant from Vincent and Edward Munday to John Weston." title="" /> +<div class="small" style="text-align:left;">Photo Ethel Eadon</div> +1568 October 24th. <b>Grant</b> from Vincent and Edward Munday to John Weston. +</div> + +<p>The second deed bears date the 24th October 1568 written in the +same bold Arabic numerals as in the earlier deed; but the later deed is in +English and measures 16 12 inches, it has two round seals of yellow +wax, each of a diameter of one and a half inches; the impression on +these seals does not appear to be armorial but they both bear the same +form of cross; the parchment and make-up are in all respects similar +to the deed of 1399 and the signatures of Vincent Mundy and his son +are written in the same hand as the deed, which was not unusual in the +16th century.</p> + +<p class="gap2">The following is an abstract of the grant from Vincent Mundy and +his son Edward to John Weston.</p> + +<div class="blockquot"><p>An Indenture made the 24th day of October, in the 10th year of +Elizabeth and in the year of the Lord 1568 Between Vincent +Munday of Marketon in the countye of Derbye esquire and Edward +Mundy (<i>sic</i>) gentleman, son and heir apparent of the said Vincent, of +the one part and John Weston of Mackworth in the county aforesaid +gentleman of the other part; whereby the aforesaid Vincent and +Edward, for and in consideration of the sum of three hundred pounds +of lawful money of England, to the aforesaid Vincent and Edward +in hand paid by the said John Weston, whereof they confessed<span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span> +themselves to be fully satisfied and paid and the said John Weston +and his heirs executors and administrators to be thereof acquitted +and discharged for ever by those presents; had delivered given +granted sold bargained released and by those present writings confirmed +to the aforesaid John Weston and his heirs executors and +administrators, all that their messuage or tenement, with the appurtenances, +situate lying and being in the Highe Frith within the parish +of Alstonefield in the county of Stafford; and being part parcel and +member of the mannor of Alstonefield aforesaid and hereafter named, +following and more at large expressed; to wit, all that messuage farm +or tenement called Hawkesyarde or otherwise Hawkesearthe, then in +the tenure or occupation of Raphe Bradburye and Maud his wife; +and also all and singular houses outhouses cottages barns edifices +buildings orchards gardens meadows pastures lands and arable lands +commons woods underwoods, free liberties or commoninge and turbarye +throughout the waste of the aforesaid manor, priviledges profits and +commodities whatsoever, with all and singular the appurtenances to +the said messuage or tenement in anywise lyeing appertaininge or +belonginge; or any thing standing or at any time theretofore +accepted used occupied or perceived, together with the said messuage +or tenement or any of them, by any tenant before named their +prior tenants or as part parcel and member of or as belonging to +the said messuage or tenement or by whatsoever name or names +it was commonly called or known, and all the estate etc; and +moreover all rent and yearly profits whatsoever, reserved on any +demise grant or copye of the premises, by any person or persons +theretofore made or committed; to have hold and enjoy the same +to the said John Weston his heirs executors administrators and assigns +for ever; and likewise priviledges profits and commodities whatsoever, +which John Gaunt the duke of Lancaster the fourth son of +King Edward the third did give and grant unto Sir Edward Mundaye +(<i>sic</i>) of Marketon in the county of Derby knight, the compass set by +him the said John Gaunt betwixt those marks as were thereafter +mentioned (that was to say) a clough at the east end of the said +premises and a pearle of water which runns southewarde betwixt +and a place called the Banke or otherwise Over Boothesleye; also a +clough and a water, which runns eastward betwixt and a place +which is called Boothesleye Grange and so it goes up close bye +the water side pointinge westwards and so it goes up after the southe +side of a piece of grounde which is called the Rye Pingle, from +thence streight up to the top of the Hill which is called the Lady +Edge, situate lyeinge and beinge in the Highe Frithe within the<span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span> +parish of Alstonefield aforesaid and countye of Stafforde aforesaid +and from thence streight to the Highe Road, that goes betwixt +Longenor and Leek, pointeinge northeward and so it goes down +bye the roade side untill it comes directlye against that cloughe +at the east end; withe free libertye to drive off enclose or take +inn, so farr as the compass aforementioned extends; to the onlye +proper use and behoofe of that one messuage or farme called +Hawkesyarde or otherwise Hawkesearthe aforesaid, likewise free +libertye of commoninge and turbarie throughout the waste of the mannor +of Alstonefield aforesaid; and they did therefore deliver to the said +John Weston his heirs and assigns full and peaceable possession etc. +The witnesses were John Walker, Thomas Mundye gent, Thomas +Brunt, John Oakes yeoman and Thomas Mundy (<i>sic</i>);</p></div> + +<p>In this deed there is an evident desire on the part of the draftsman to +strengthen and even to extend the rights and privileges appurtenant to +the Hawksyard estate, which then included a house of considerable +importance, occupied by Ralph Bradbury and Maud his wife. Towards +the end of the deed a belated attempt at a recital of the earlier John of +Gaunt deed is added, with extracts giving the full description of the +boundaries; and this earlier deed is treated as the root of title to +Hawksyard.</p> + +<p>The question and the only question we have to consider is whether +these two deeds give us a true account of the origin and early history +of the place-name Hawksyard? At first sight it would appear that +they do; but unfortunately there is much in the earlier deed to arouse +suspicion. It is not that the story of John of Gaunt’s visit to +Highe Frith is improbable, on the contrary he rebuilt and occupied +Tutbury Castle twenty miles away; nor is there any reason to think +that in those days Sir Edward Mundy would hesitate to ask the duke +for a few acres of rough moorland waste, as a memento of a red-letter +day in the history of the Mundy family. Perhaps such a request, under +the circumstances, constituted true politeness in the middle ages; or he +may have wished to commemorate the day by building a house on the +land to bear the name Hawksyard; but, however probable these +surmises may be, there are many things in this alleged deed of gift +which suggest a date much later than the reign of Richard II and +cast a doubt as to its <i>bona fides</i>.</p> + +<p>In the first place it is obvious that the date 15th May 1399 cannot +be correct, as John of Gaunt died in January or February 1398; further +the deed states that the duke visited Highe Frith on the 10th May +1399, which was impossible; and it is perhaps equally surprising to find +that a deed, dated in the reign of Richard II, should refer to the first<span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span> +year of Henry IV, whose reign had not then begun and might never +have occurred.</p> + +<p>These impossible dates require explanation, but our difficulties do +not end with dates; the writing in the John of Gaunt deed is not +characteristic of the period, it is not uniform throughout, the body of +the deed being written in characters of the rugged native script, the names +of the witnesses being added in a flowing Italian hand of the Elizabethan +period. Attention should also be called to the fact, that of the five +witnesses in whose presence the duke is said to have affixed his seal, +not one of them was above the rank of gentleman. The seal is impressed +with a hunting horn, suggestive of forest heraldry, but the royal arms of +the son of Edward III do not appear on this seal; and, if the hunting +horn is in its proper heraldic position, the point of the shield is at the top.</p> + +<p>As above stated, the form of the deed is unusual and follows no +precedent; many words are more suggestive of the classics than the +customary usage of diplomatics in the 14th century. <i>Equitem</i> takes +the place of the more conventional <i>militem</i>; <i>nuncupatur</i> is used instead +of <i>vocat</i> and <i>coram</i> instead of <i>testibus</i>. Each of the first four witnesses +is described as gent and the last as attorney, while Derby is written +once in English; further, the exact legal effect of the deed seems to +be intentionally vague; it is headed <i>conventum</i>, meaning a covenant, but +in the subsequent deed of 1568 it is referred to as a grant. The full +description of the land in the later deed, with all its boundaries and +appurtenant rights, suggests that the Elizabethan draftsman had some +doubt as to the true facts; these details being apparently exploited with +some ulterior intent.</p> + +<p>In comparing the size make-up and general appearance of the +two deeds, it is impossible not to see in them a strong resemblance; +they are both typical of the time of Elizabeth, the deed of 1399 is +too large and too coarse for a charter of that date. The fact that one +is in Latin and the other in English makes the comparison less easy; +but in both we find similar parchment ink and seals; the script is much +the same in both deeds, each having the dates written in the same bold +Arabic numerals; and the later recites the earlier deed.</p> + +<p>It would not be difficult to find other points of resemblance between +these deeds; and it is impossible to compare them without coming to +the conclusion that they were prepared at the same time by the same +person, with the definite object of making a good title to the Hawksyard +property, on the sale to John Weston.</p> + +<p>This forces us to the conclusion that the John of Gaunt deed is +not altogether trustworthy; and we have to consider whether or not +the information it contains, with regard to the origin of the place-name<span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span> +Hawksyard, can be relied on; or if we must treat its whole contents +as pure fiction and entirely discredit all it tells us of the hawking party +in Highe Frith.</p> + +<div class="figcenter" style="width: 478px;"> +<img src="images/illus_037.png" width="478" height="463" alt="Seal of 15th May 1399." title="" /> +<b>Seal</b> of 15th May 1399. +</div> + +<p>There must be some explanation of this extraordinary deed; and it +may yet be possible to find a solution of the problem. Here is the deed! +How can we account for it? How much of what it tells us may we accept +as truth? To what extent is its story supported by extraneous evidence?</p> + +<p>The points as to which we require information are; whether John +of Gaunt was in a position to give and grant lands in the Highe Frith +to Sir Edward Mundy or had he only the rights of an overlord? Why +did he hesitate before complying with Sir Edward’s request? Was he +in doubt as to whether the land were his to give or whether he held +as tenant <i>in capite</i>? Did he execute a deed of gift or did the gift +rest on a verbal promise, Sir Edward taking possession of the lands +and converting them to his own use? Did the lawyer of 1568, who +carried through the sale to Weston, act <i>ex fide bona</i> and endeavour, +according to his lights and the practice of his time, to put the title to +Hawksyard in order, for the mutual benefit of both vendor and purchaser?</p> + +<p>For answers to these questions we must return to the days of John +of Gaunt.</p> + +<p>In 1398 Richard II, seeing that his uncle John of Gaunt was in +failing health and that John’s son, Henry Bolingbroke earl of Hereford, +might press his claim to the throne of England in case of Richard’s +death without issue, took advantage of a quarrel between Bolingbroke +and the duke of Norfolk, in which each accused the other of treason, +to banish them both from the realm.</p> + +<p>The loss of his son fell heavily on John of Gaunt, who died at the +end of January or the beginning of February 1398; and it is important to +bear in mind that the year 1399 began on the 25th March and not +the 1st January.</p> + +<p>Richard, being free for a time from the menace of the House of +Lancaster, seized the whole of the Lancastrian estates in the absence +of the banished heir and crossed to Ireland to complete his conquests +and strengthen his hold on that country.</p> + +<p>During Richard’s absence in Ireland the banished Henry, hearing +the news of his father’s death and the confiscation of the Lancastrian +estates, landed on the Yorkshire coast with a few trusted friends and +three thousand men-at-arms.</p> + +<p>He was at once joined by the great barons of the north and with +an army, which increased as it advanced, he ultimately reached London; +where he was well received by the people, who were tired of Richard +and looked to Henry as their future king.<span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span></p> + +<p>On hearing the news of Henry’s return Richard, after much delay +through rough weather, recrossed the Irish Channel to Milford Haven, +only to find that both his friends and his armies in England had melted +away and that his kingdom was lost.</p> + +<p>He was forced by Henry and his supporters to resign his crown +and, in Westminster Hall on the 29th September 1399, his resignation +was received with shouts of applause; on the following day his cousin +Henry Bolingbroke, son and heir of John of Gaunt, was proclaimed King +of England as Henry IV.</p> + +<p>On Henry’s accession he regained the estates of the duchy of +Lancaster, which however remained in his hands as crown property.</p> + +<p>The above events and the dates on which they occurred are of +importance in considering the two Hawksyard deeds; and if we are to +understand how and why they came into existence, we must also trace +the early history of Highe Frith and learn something of the conditions +then prevailing as to the holding and devolution of landed estates in +England; more especially with regard to earldoms honours and manors, +which formed the basis of the feudal system.</p> + +<p>When we clearly understand the way in which land in England was +held in pre-reformation days, it will perhaps be possible to see whether +the facts set forth in the deed of gift of the 15th May 1399 were consistent +with the early history of the manor of Alstonefield; and whether John +of Gaunt was shortly before his death in a legal position to comply +with the request of Sir Edward Mundy.</p> + +<p>As already stated Hawksyard was in Highe Frith, part of the +manor of Alstonefield, and a manor was an estate in fee simple in a +tract of land granted by the sovereign to a subject, usually a man of +some consequence, in consideration of certain services.</p> + +<p>He was the lord of the manor and he reserved for his own use +such parts of the land as he required, which were called the demesne +lands; other parts he granted out to his tenants, under varying conditions +which included estates of inheritance, estates for life, for years and at +will; the barren lands which remained in his hands were what was known +as the commons and wastes of the manor or the foreign lands. The +whole formed a manor or lordship which had its own courts and customs +and enjoyed feudal privileges, which extended not only to the lands +held by tenants but also to the commons and waste lands.</p> + +<p>When many manors, perhaps extending into several counties, were +held by one great baron or overlord they formed an honour which was +held of the king <i>in capite</i>; this was quite different in character to the +manor. It was a jurisdiction, vested in private hands, and not a territorial +possession; the lords of the manors retaining their separate manorial +organisation and rendering suit and service to their overlord.<span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span></p> + +<p>Manors also formed part of the earldom or shire; for some time after +the conquest an earl also had the title of count and from the counts +the shires took the name of counties. The title however soon disappeared +in England but we still retain countess, county and viscount.</p> + +<p>When a great earldom honour or manor fell by forfeiture or escheat +into the hands of the sovereign which constantly happened, it retained its +distinct corporate existence and the whole apparatus of jurisdiction or +tenure. Under its own title it either continued in the possession of the +sovereign or was granted out again as a hereditary fief.</p> + +<p>The manor of Alstonefield appears to have been included in different +earldoms and different honours at different dates, prior to the time when +it came into the hands of John of Gaunt and his first wife’s ancestors.</p> + +<p>At the taking of the Domesday survey in 1086, Alstonefield manor +was held as a knight’s fee by Robert count of Shrewsbury with William +de Malbanc under him as lord of the manor. The Shrewsbury overlordship +did not last long and Alstonefield, which seems to have been much +in request, possibly owing to its grouse moor, was transferred to the +honour of Chester under Hugh Lupus; to whom William had, three +years after the conquest, given the earldom of Chester and William +de Malbanc, of Wich Malbanc now Nantwich, held the position of lord +marcher under Lupus, so that the lordship of Alstonefield formed part of +the marchlands or boundaries of the honour of Chester on the east, +over which William de Malbanc would have supreme control as lord of +the marches.</p> + +<p>That part of the manor which lay between Leek and the river Dove, +including the site of Hawksyard, was chiefly forest and moorland; shortly +after the conquest and for many centuries after, it was known as Malbanc +Forest; but in 1220 the Malbanc barony devolved on three co-heiresses, +who held Alstonefield in co-parcenary.</p> + +<p>On the forfeiture of a third share by the eldest daughter, then +countess of Warwick, it came into the possession of Hugh le Despencer, +though how he got it is not clear, and this share included the tract of +barren moorland known as Highe Frith of Malbanc Forest.</p> + +<p>In 1297, on the death of Edmund earl of Lancaster, the King’s +Escheator held an inquisition at Tutbury for the county of Lancaster, +to ascertain what knight’s fees were due to the earl; the jury found +<i>inter alia</i> that Hugh le Despencer held one knight’s fee in the manor +of Altonesfelt (Alstonefield) worth yearly in homages etc. 10. “Nomina +Villarum” 1316 gives Hugh le Despencer and Nicholas de Audeleye +as owners of Alstonefield, a vill in the liberty of the earl of Lancaster, +who had the return of all writs.<span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span></p> + +<p>In 1322 the estates of le Despencer were forfeited to the crown +and subsequently bestowed by Edward III on Henry earl of Lancaster, +grandfather of Blanche the wife of John of Gaunt.</p> + +<p>It may be helpful here to recall how John of Gaunt was created +duke of Lancaster and became possessed of the Lancastrian estates, +extending into Cheshire, Staffordshire and other counties.</p> + +<p>The first earl of Lancaster was Edmund called Crouchback second +son of Henry III; in addition to his Lancastrian estates, his father +bestowed on him the earldoms of Derby, Leicester, Lincoln, Salisbury +and Chester.</p> + +<p>These passed on his death in 1296 to his eldest son Thomas earl +of Lancaster, who was beheaded at Pontefract in 1322 when his estates +were forfeited to the crown.<a name="FNanchor_A_1" id="FNanchor_A_1"></a><a href="#Footnote_A_1" class="fnanchor">[A]</a> His widow was allowed to retain the +Salisbury estate; and the other four earldoms were bestowed on his +brother Henry earl of Lancaster, to whom one third share of Alstonefield +manor was also given, so that he possessed not only the Lancastrian +estates but also the earldoms of Derby (including the honour of Tutbury), +Leicester, Lincoln, Chester and the territorial interest of a third of the +manor of Alstonefield, including Malbanc Forest; of which Highe +Frith was waste of the manor.</p> + +<p>Henry earl of Lancaster was succeeded by his son Henry, afterwards +first duke of Lancaster, who had no son; of his two daughters, Maud +married William of Bavaria and Blanche married John of Gaunt. Maud +died without issue, whereupon the whole of the Lancastrian estates +devolved on Blanche; and, in right of his wife, on her husband John +of Gaunt, who was in 1362 created duke of Lancaster.</p> + +<p>It will be remembered that the seal attached to the deed of gift +of the 15th May 1399 bears a hunting horn; and in order to find some +explanation of this seal it may be necessary to glance for a moment +at the history of the honour of Tutbury, which as we have seen was +included in the earldom of Derby and passed to John of Gaunt +with that earldom.</p> + +<div class="figcenter" style="width: 603px;"> +<img src="images/illus_043.png" width="603" height="486" alt="The Tutbury Horn, from a photograph in the reference library at Sheffield. +" title="" /> +<b>The Tutbury Horn</b>, from a photograph in the reference library at Sheffield. +</div> + +<p>About the end of the 13th century, the important office of escheator +and coroner throughout the whole honour of Tutbury within the county +of Stafford, was claimed by Walter Agard who demanded to hold office +by right of inheritance; but he was unable to produce any written +evidence in support of his claim; and in lieu of charters or writings, +he produced a white hunting horn garnished with silver-gilt in the middle<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span> +and at both ends, to which was affixed a girdle of black silk adorned +with buckles of silver, on which was placed the <i>insignia</i> of Edmund +earl of Lancaster; this horn was offered and accepted as the charter and +evidence of title to the office of escheator and coroner, to which he made +claim.</p> + +<p>It is not necessary to follow the devolution of the Tutbury Horn +from Walter Agard; but in the 17th century, on the marriage of an +heiress of Agard, it passed to the Stanhopes, who sold it with its offices in +1753 to Samuel Foxlow of Staveley Hall, from him it ultimately passed +to Henry Marwood Greaves of Banner Cross, Sheffield, and Ford Hall, +Derbyshire, who once only exercised the right of appointment; and on +his death in 1859 his eldest son William Henry Greaves, who had +assumed the surname of Greaves-Bagshawe in 1853, succeeded to the +horn by inheritance, and appointed the next succeeding coroner. We +shall have to consider whether the pendent seal of the alleged deed of +gift can in any way be accounted for by the fact, that the honour of +Tutbury was part of the duchy of Lancaster prior to John of Gaunt’s +death.</p> + +<div class="figcenter" style="width: 590px;"> +<img src="images/illus_044.png" width="590" height="428" alt="Seals of 24th October 1568." title="" /> +<b>Seals</b> of 24th October 1568. +</div> + +<p>Let us now turn to the other party to the deed of gift, Sir Edward +Mundy.</p> + +<p>In Burke’s “Commoners of England” 1836, it is suggested that the +Mundy family derived its name from Mondaye Abbey in the dukedom +of Normandy; and it may be, that Sir Edward Mundy or his father +fought with John of Gaunt in the wars with France and Spain.</p> + +<p>It seems probable, from what we find in the earlier deed, that the +duke and Sir Edward were close personal friends; and it may possibly +have been through the influence of John of Gaunt, that Sir Edward +Mundy or his father settled near Derby. However that may be, we +are told that Sir Edward entertained the duke at Markeaton and returned +with him to Lancaster Castle.</p> + +<p>Vincent Mundy of Markeaton was a justice of the peace for the +county of Derby in 1558 and his son Edward died in 1607.</p> + +<p>Burke also tells us that “from old deeds in existence it appears +that the family held lands in the year 1399”; it may be and seems highly +probable that he was referring to the deed of gift and the grant above +described, to which he presumably had access and gave credence.</p> + +<p>On the other hand the two Lysons, in their work on Derbyshire, +say that the Mundys did not buy the Markeaton property until the +beginning of the sixteenth century. Perhaps at that date they added +to their original holding?</p> + +<p>We now have some idea of how matters stood in 1399 and 1568; +we are therefore in a better position to consider whether the deeds of<span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span> +Richard II and Elizabeth can be relied on as giving the origin and +early history of the place-name Hawksyard.</p> + +<p>Assuming for the moment that the two deeds were prepared at +the same time and by the same hand, it is necessary to consider the +position as it presented itself to the attorney, who in 1568 was instructed +to carry out the sale of Hawksyard to John Weston. He possibly may +have acted for both vendor and purchaser and been anxious to do his +best for both his clients. He would, on receiving his instructions, ask +the vendor for his title deeds; the answer would presumably be that +there were no such deeds; but it was probably well known in the +vendor’s family and possibly also to John Weston, that Hawksyard +had been given to Sir Edward Mundy by John of Gaunt shortly before +his death, after enjoying a day’s hawking in Highe Frith, the tradition +of which would hang round The Moorlands for centuries; perhaps letters +or diaries would be produced with sufficient detail to satisfy the purchaser +of the truth of the tradition.</p> + +<p>The attorney would perhaps be in doubt, whether this traditional +gift was a grant of the fee simple or a mere sporting right over certain +waste lands belonging to the manor of Alstonefield, part of the duchy; +which right would be what is known as a right of common in gross. +The vendors were doubtless in actual possession and their ancestors +had held it for nearly two hundred years; under circumstances such as +these the Courts of Common Law, in the absence of the tradition, would +have assumed a lost grant, made prior to the reign of Richard I, which +is supposed to be equivalent to immemorial user; but the family tradition +as to John of Gaunt fixes the lost grant in the reign of Richard II, which +would not support a claim by immemorial user. Under these circumstances +and in the absence of any title deeds, the attorney seems to have +taken upon himself the responsibility of creating a root of title, based +on the tradition and possibly what he considered satisfactory recorded +evidence; in doing this he exercised neither artfulness nor skill. He +hesitated whether to make it an agreement or a grant, he neglected to +use the 14th century common form of such a document, he blundered +sadly in the dates, and he referred in the deed, which he dated in the +reign of Richard II, to a reign which had not then begun. There would +be a difficulty as to the witnesses, and it may be that those named were +taken from some deed of 1399 to which he had access, notwithstanding +the fact that these five witnesses were not suitable or likely witnesses +for the sealing by John of Gaunt; there was also the difficulty of the +seal, and as probably no seal of John of Gaunt was available, a forest +seal, perhaps of the honour of Tutbury, was used; Alstonefield manor +being within that honour, and the deed of the 15th May 1399 was the<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> +result; which did well enough to hand to the purchaser, as the root +of title to Hawksyard, along with his conveyance from Vincent Mundy +and his son. Even if the parties to the transaction knew of what was +being done they would doubtless be well pleased to have the John of +Gaunt tradition put on record; and the enterprising attorney would +probably be thanked and well paid for his trouble and resource. There +does not appear to have been any fraudulent intention to improperly +acquire any land or other benefit, though such a counterfeit in these days +would be fraught with risk to all parties concerned; but in the time +of Elizabeth, the law of real property rested less on statute and more +on the unwritten law; which was interpreted and applied loosely and +without supervision.<a name="FNanchor_B_2" id="FNanchor_B_2"></a><a href="#Footnote_B_2" class="fnanchor">[B]</a> The effect of this <i>ex post facto</i> apograph was +twofold and benefited both sides. The vendors put on permanent record +their treasured family tradition and the purchaser got a root of title, +which might be of value to him in case of re-sale. It would be interesting +to know why the Mundys barred the entail and sold Hawksyard, with its +sporting tradition; it may have been that the chancellor of the duchy +had, at a then recent date, raised the question as to whether the Mundy +family originally had an estate in fee simple or a right of common in +gross; and that they as owners thought they would act wisely in selling to +a purchaser for value.</p> + +<p>Whatever the reason may have been for the sale of Hawksyard +in 1568, it passed by the deed of Elizabeth from the Mundy family +to John Weston of Mackworth, and is now held and enjoyed under +prescriptive right, which makes its past history of little consequence, +so far as the present owner, Mr Robert Shirley of Waterhouse Farm, +near Longnor, is concerned.</p> + +<p>His numerous deeds and papers relating to Hawksyard include an +abstract of title beginning in the 14th year of Elizabeth (10th July 1572), +when John Weston and Katherine his wife sold Hawksyard to Ralph +Bradbury who, as appears from the grant to John Weston, was in 1568 +the tenant of Hawksyard; so that John Weston owned the property for +less than four years and then sold it to his tenant Ralph Bradbury, +who in May 1573 settled it on his younger son Otwell.</p> + +<p>Forty-two years later, on the 11th May 1615, Otwell Bradbury +and Ralph his son and heir sold Hawksyard to Henry Cock for 400. +For many years the estate remained in the possession of the Cock<span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span> +family, who sold it to Ralph Wood of Leek Abbey, the Cistercian +monastery Dieu-la-Cresse, and on the 5th April 1800 Hawksyard passed +into the possession of John Shirley of Rewlach, the great grandfather +of the present owner.</p> + +<p>In 1850 some closes, part of Hawksyard, lying on the west side +of the road leading from Newtown to Warslow, were exchanged for +adjacent closes, part of the late Sir John Harpur Crewe’s estates. With +this exception, the Hawksyard estate seems to follow the boundaries +set forth in the deed of 1399, and Harrison’s Intake, Low Meadow, Rye +Meadow, Kiln Croft and Spout Field of that date still exist and appear +in the description of the lands in the 19th century title deeds. On the +front of the house are two dates, one above the other, the lower one +is “H C 1620” and the upper one is “H C 1784”; both these dates occur +during the ownership of the Cock family, and the initials “H C” probably +indicate Henry Cock.</p> + +<p>Hawksyard of to-day is a substantial farmstead of eighty acres, with +a good house and farm buildings occupied by Mr Shirley’s son Edwin +Leslie Shirley; it is bounded on every side by lands of Sir Vauncey +Harpur Crewe of Calke Abbey and Warslow Hall, but it has never +formed part of the encircling Harpur estate, which we may assume +was crown property; and the grant to the Harpurs of these surrounding +lands may have given rise to a discussion as to the Hawksyard title, and +possibly suggested to the Mundys the desirability of the sale to Weston. +If the surrounding lands were granted by the crown, leaving Hawksyard +an isolated and independent holding, there seems to have been a recognition +of the Mundy title and a strong vindication of the Hawksyard tradition.</p> + +<p>Of the places referred to in the deeds, Boothesley (now spelt Boosley) +Grange still stands; Bank or Over Boothesley is now Bank House and +the “pearle of water” is Boosley Brook. Highe Frith and Malbanc +Forest are not on the ordnance map and are almost forgotten in the +district; but Lady Edge is still in daily use, and the existence to-day +of these medieval place-names seems to strengthen the probability of the +story of John of Gaunt’s visit to the Highe Frith.</p> + +<p>If ramblers on foot and on wheels, when passing the east end of +the church and the adjoining school of Newtown, will stop for a +moment to glance down on Hawksyard, two fields to the east and +up to Lady Edge half a mile to the south-west; it will not be difficult to +reconstruct the scene of the hawking, when</p> + +<div class="blockquot"> +<p> +“Old John of Gaunt, time-honour'd Lancaster”<br /> +</p></div> + +<p>visited Highe Frith of Malbanc Forest more than five centuries ago +and first gave the name Hawksyard.</p> + +<div class="figcenter gap2" style="width: 115px;"> +<img src="images/illus_050.png" width="115" height="155" alt="Sheffield" title="" /> +</div> + +<div class="footnotes gap2"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_A_1" id="Footnote_A_1"></a><a href="#FNanchor_A_1"><span class="label">[A]</span></a> It may be of interest to mention, that in 1867 while ridging potatoes in a field at Boosley Grange, +known as Boosley Folly Meadow, a number of silver medieval coins were found, which had presumably +been lost or hidden in the difficult times through which The Moorlands passed, during the fierce +struggle between Edward II and his cousin Thomas the great earl of Lancaster; who in his headlong +flight from Tutbury Castle up the valley of the Dove lost a military chest containing over 100,000 +similar coins, English, Scotch and Flemish, in the river, which was found in 1831, embedded deep in +the mud at the ford below the castle.</p></div> + +<div class="footnote"><p><a name="Footnote_B_2" id="Footnote_B_2"></a><a href="#FNanchor_B_2"><span class="label">[B]</span></a> The reverend Joseph Hunter, in a Memoir on the ancient family of Wilson of Broomhead Hall, +Bradfield, published in <i>The Yorkshire Archological and Topographical Journal</i> volume v. calls +attention to what he describes as a surreptitious Bradfield deed, dated in the feast of saint Martin in +winter (11th November) 22 Richard II and anno domini 1399; whereas the feast of saint Martin 1399 was +not in the reign of Richard II but in the first year of Henry IV; he further points out that even if the +news of the accession of Henry had not reached the wilds of Bradfield by the 11th November, the feast +of saint Martin 1399 would have fallen in the 23rd year of Richard II and not the 22nd, as stated +in the deed.</p></div> + +</div> + +<div class="bbox gap2" style="padding:0.5em;"> +<h3>Transcribers’ Notes</h3> + +<p>General: No attempt has been made to standardise spelling within the +charters; they are rendered as in the original text.</p> + +<p>Page 28: Hawsksyard corrected to Hawksyard after “In 1850 some closes, +part of”</p> +</div> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Sheffield and its Environs 13th to the +17th century, by Thomas Walter Hall + +*** END OF THIS PROJECT GUTENBERG EBOOK SHEFFIELD AND ITS ENVIRONS *** + +***** This file should be named 37130-h.htm or 37130-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/7/1/3/37130/ + +Produced by Brownfox and the Online Distributed Proofreading +Team at http://www.pgdp.net (This file was produced from +images generously made available by The Internet Archive) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Sheffield and its Environs 13th to the 17th century + A descriptive catalogue of land charters and other documents + forming the Brooke Taylor collection + +Author: Thomas Walter Hall + +Release Date: August 20, 2011 [EBook #37130] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK SHEFFIELD AND ITS ENVIRONS *** + + + + +Produced by Brownfox and the Online Distributed Proofreading +Team at http://www.pgdp.net (This file was produced from +images generously made available by The Internet Archive) + + + + + + + + + +Sheffield and its environs 13th to the 17th century + + +A DESCRIPTIVE CATALOGUE OF + +Land Charters & Other Documents + + +FORMING THE BROOKE TAYLOR COLLECTION + + +RELATING TO THE OUTLYING DISTRICTS OF SHEFFIELD + + +WITH 16 GENEALOGIES AND AN ARTICLE ON Hawksyard + + +COMPILED BY T. WALTER HALL HON. M.A. (SHEFFIELD) F.R.HIST.S. + + +SHEFFIELD +PRINTED AND PUBLISHED BY J. W. NORTHEND LTD., WEST STREET +1922 + + + + +TO + +THE UNIVERSITY OF SHEFFIELD + + + + +WORKS RELATING TO THE HISTORY OF SHEFFIELD AND ITS ENVIRONS. + + +SHEFFIELD PEDIGREES volume I, by T. WALTER HALL. Containing nine +genealogies with notes. + + Published _1909_, now out of print. + + +CATALOGUE OF THE CHARTERS, DEEDS, AND MANUSCRIPTS IN THE PUBLIC REFERENCE +LIBRARY AT SHEFFIELD, by T. WALTER HALL; with Introductory Note by Mr. R. +E. LEADER and photographic reproduction of early 14th century Derbyshire +charter. + + Published _June 1912_. Price 2/-. + + +CATALOGUE OF THE ANCIENT CHARTERS BELONGING TO THE TWELVE CAPITAL +BURGESSES AND COMMONALTY OF THE TOWN AND PARISH OF SHEFFIELD, WITH +ABSTRACTS OF ALL SHEFFIELD WILLS PROVED AT YORK PRIOR to 1554, by T. +WALTER HALL; with over 100 local genealogies and 4 photographic +reproductions of early Sheffield seals and an early 15th century +Sheffield charter. + + Published _May 1913_. Price 2/6. + + +DESCRIPTIVE CATALOGUE OF THE CHARTERS, ROLLS, DEEDS, PEDIGREES, +PAMPHLETS, NEWSPAPERS, MONUMENTAL INSCRIPTIONS, MAPS, AND MISCELLANEOUS +PAPERS, FORMING "THE JACKSON COLLECTION," AT THE SHEFFIELD PUBLIC +REFERENCE LIBRARY, by T. WALTER HALL and A. HERMANN THOMAS: with +Prefatory Note by Dr. HENRY JACKSON, O.M., Regius Professor of Greek and +Fellow of Trinity College, Cambridge, and five photographic reproductions +of ancient local documents. + + Published _July 1914_. Price 5/-. + + +SHEFFIELD PEDIGREES volume II, contributed by Messrs. J. B. +MITCHELL-WITHERS, H. P. MARSH, R. E. LEADER, S. O. ADDY, W. S. PORTER, C. +DRURY, and T. WALTER HALL. Containing 16 genealogies with notes. + + Published _January 1915_. Price 5/-. + + +DESCRIPTIVE CATALOGUE OF MISCELLANEOUS CHARTERS AND OTHER DOCUMENTS +RELATING TO THE DISTRICTS OF SHEFFIELD AND ROTHERHAM, WITH ABSTRACTS OF +WILLS PROVED AT YORK FROM 1554 to 1560; by T. WALTER HALL, with 315 local +genealogies and six photographs of medieval charters, &c. + + Published _September 1916_. Price 5/-. + + +THE PARISH REGISTER OF SHEFFIELD. Part I. BAPTISMS AND MARRIAGES, 1560 to +1635. Transcribed and edited by CHARLES DRURY and T. WALTER HALL of +Sheffield; indexed by JOHN CHARLESWORTH of Wakefield. Privately printed +for The Hunter Archaeological Society of Sheffield and The Yorkshire +Parish Register Society. + + Published _1917_. Price 10/6. + + +THE PARISH REGISTER OF SHEFFIELD. Part II. BURIALS 1560 to 1635; BAPTISMS +AND MARRIAGES 1635 to 1653. Transcribed and edited by CHARLES DRURY and +T. WALTER HALL of Sheffield, and indexed by T. WALTER HALL. Privately +printed for The Hunter Archaeological Society of Sheffield and The +Yorkshire Parish Register Society. + + Published _1918_. Price 10/6. + + +DESCRIPTIVE CATALOGUE OF THE CHARTERS, COPY COURT ROLLS AND WILLS IN aEurooeTHE +WHEAT COLLECTION," AT THE SHEFFIELD PUBLIC REFERENCE LIBRARY; AND ALSO +CHARTERS FROM OTHER LOCAL COLLECTIONS, WITH ABSTRACTS OF SHEFFIELD WILLS +PROVED AT YORK FROM 1560 to 1566; by T. WALTER HALL; with 285 local +genealogies, and a Prefatory Note by Mr. HUBERT HALL, of H.M. Public +Record Office, F.S.A., and two photographic reproductions of local +charters of the 13th century. Appendix containing a list of boys who went +to Broombank House School, Sheffield, with a biographical note on the +reverend THOMAS HOWARTH, M.A. + + Published _August 1920_. Price 5/-. + + +THE PARISH REGISTER OF SHEFFIELD. Part III. BURIALS 1635 to 1653; +BAPTISMS AND MARRIAGES 1653 to 1686. Transcribed and edited by CHARLES +DRURY and T. WALTER HALL, F.R.Hist.S. Privately printed for The Hunter +Archaeological Society of Sheffield and The Yorkshire Parish Register +Society. + + Published _1921_. Price 10/6. + + +MATERIAL FOR THE HISTORY OF WINCOBANK, SHEFFIELD, by T. WALTER HALL, +F.R.Hist.S.; with plan of 1692 and 31 local genealogies. + + Published _December 1921_. Price 3/-. + + +DESCRIPTIVE CATALOGUE OF THE BROOKE TAYLOR COLLECTION OF EARLY CHARTERS +AND DEEDS RELATING TO OUTLYING DISTRICTS OF SHEFFIELD by T. WALTER HALL, +Hon. M.A. (Sheffield), F.R.Hist.S.; with genealogies and photographic +reproductions of charters and seals. Appendix containing an article on +Hawksyard near Buxton; with its John of Gaunt hawking tradition and +medieval history; reprinted from _Transactions_ of The Hunter +Archaeological Society of Sheffield. + + Published _October 1922_. Price 5/-. + + +THE PARISH REGISTER OF SHEFFIELD. Part IV. In the Press. + + Price 10/6. + +The above publications can be purchased from J. W. NORTHEND LIMITED, WEST +STREET, SHEFFIELD. + + + + +PREFACE + + +My thanks are due to Colonel H. Brooke Taylor, for permission to search +his chambers in the Town Hall at Bakewell for hidden treasure, in the +shape of pre-reformation land charters court rolls and the like; to Mr +Robert Shirley of Waterhouse Farm near Longnor, for a sight of his title +deeds to Hawksyard; to his son Mr Edwin Leslie Shirley of Hawksyard, for +a very pleasant visit to his ancestral home in The Moorlands of +Staffordshire, with its medieval tradition and interesting associations; +and to Mr James R. Wigfull, for an excellent little map of Hawksyard and +the surrounding country. + +It is only through the kindness and good nature of others, that a +systematic search for local history can proceed and although +contributions accumulate in small quantities, there is no more fruitful +or reliable source of information, as to people and places of bygone +days, than the land charters and court rolls covering the period from the +Domesday survey to the reformation. + +Many bundles of old title deeds, unopened for centuries, yet lie hidden +in out-of-the-way corners and on inaccessible shelves; it should be part +of the work of every archaeological society to extract from all available +deeds, relating to its own district, whatever useful history they may +contain. + +Every countryside, every village and every town becomes a more +interesting place to its inhabitants, when its history is known. The +names of persons and places become intelligible, dates and letters on +buildings can be accounted for, disused bridle roads and paths can be +traced, the heraldry of the stained glass in the church and of the +tombstones in the churchyard can be read with understanding, local +genealogies can be extended and long cherished family traditions can +often be verified or explained. + +It is therefore of importance that whenever these ancient writings make +their appearance, there should be some person or association of persons +ready and willing to examine them, not only with the object of extracting +any local history they may contain, but also of recording it in a form +suitable for future reference. + + T. WALTER HALL. + +[Illustration: _Photo Ethel Eadon_ + +Before 1290. =Charter= of Jordan de Pickeburne. (Brodsworth near +Doncaster)] + + + + +The Brooke Taylor Collection. + + +I + +13th century. Prior to the statute _Quia Emptores_, 18 Edw I (1290). +=Charter= (Lat) confirming a grant from Jordan son of Thomas de +Pickeburne to Gilbert Cook of Rickehale, for a certain sum of money, +which he gave to the grantor by hand as a fine (_in gersumma_), of one +acre of land and a half, with the appurtenances, in the north field of +Pickeburne at the green hill, lying between the proper land of the +grantor on the one part and land which Jordan Wlm' formerly held on the +other part; of which one end butted upon the field of Hanepol and the +other end on land of Sir Marmeduke Darel; and also a plot of meadow +ground in the meadows of Pickeburne; to wit, it lay in length and in +breadth one rod and three quarters, between the meadow of the fee of +Rockelay and the meadow of Robert Knouys, of which one end butted upon +the south cave (_antrum australe_) and the other end upon the north cave +(_antrum boreale_); to hold and to have of the grantor and his heirs to +the said Gilbert and his heirs or whomsoever; and howsoever and +whatsoever time he should wish to give, to bequeath, to assign or to +sell, in fee and inheritance free quietly peacefully and entirely; with +all rights of common, easements, liberties and appurtenances, without +reservation; paying thenceforth annually to the grantor and his heirs one +halfpenny of silver on the day of saint John the baptist, for all secular +services, exactions, taxes, suits of court and demands; warranty of title +etc. =Witnesses=: Helias de Scauceby, Thomas his son, Henry of the same +place, William Joye of Pickeburne, Hugh son of Beatrice, Thomas Fossard +of the same place (_sic_), William de Fonte. =Vellum=: one skin 6A1/2 A-- +4, seal missing. =Notes=: this interesting charter, of which a +photographic reproduction is given as a frontispiece, is in perfect +condition, except that the seal is missing. It is a subinfeudation of +lands in the township of Pickburn-with-Brodsworth, in the parish of +Brodsworth and wapentake of Strafforth, four miles north-west of +Doncaster; for which Gilbert Cook paid a gersuma or fine to Jordan de +Pickburn. In the reign of Edward the confessor, Pickburn was part of the +lands of Alsie the Saxon lord; but after the conquest it was held by +Nigel Fossard under the earl of Morton, who accompanied William from +Normandy in his successful invasion of England. The earl subsequently +forfeited his English possessions and Nigel Fossard, his subinfeudatory, +came to be acknowledged tenant of the crown. Gilbert Cook may have been +descended from Alberus de Coci (Cook), who after the conquest held +Hickleton and part of Cadeby. No trace of Rickehale can be found. Jordan +Wlm' is clearly written, probably it is a contraction of Woolmer? + +Hanepol is mentioned in Domesday, it was a manor before the conquest, +belonging to Swein. The modern name is Hampole and it lies about two +miles north of Pickburn. + +Sir Marmeduke Darel was living 31 Hen III (1247), in which year he had a +charter of free warren at Brodsworth. The Darels got Brodsworth from the +de Buslis; they continued in possession from the beginning of the 13th to +the beginning of the 16th century; the last of the Darels being Sir +Thomas, who died without issue 23rd November 1505; see aEurooeSouth Yorkshire" +vol I, page 315. + +The fee of Rockley was in Worsborough and this land near Pickburn must +have adjoined part of that fee. The Rockleys were settled in Worsborough +at the time of the conquest and continued in undisturbed possession until +the civil wars. Knouys may in later times have been Knovis. Scauceby +now Scawsby, lies two miles south-east of Pickburn. It appears to have +been a more important place in Saxon times than it is to-day. It is +mentioned in Domesday as Scalchebi. Helias may mean Ellis. The surname +Joye has a small i for the initial letter. + +Nigel Fossard above mentioned was, after the death of the earl of Morton, +one of several landowners in the deanery of Doncaster who held direct +from the crown; his fee included lands at Brodsworth and he also had a +house at Doncaster; but his baronial seat was Mulgrave Castle in north +Yorkshire. + +William de Fonte was probably the prior of Ecclesfield, which priory +belonged at the date of this charter to the abbey of Fontenelle or saint +Wandrille in Normandy. + +Probably William de Fonte engrossed this charter and added his name as +the last witness, which was a common practice of monks and scriveners. + +Judith, niece of William I and wife of earl Waltheof lord of Hallam, +placed a colony of monks from Fontenelle at Ecclesfield; probably in the +11th century, as she was married in 1070; see "Archaeologia" vol 26, page +352. From charter-evidence it is certain that the priory was in existence +in 1141. From this it may be assumed that this beautifully written +charter had its origin in Ecclesfield priory, and was taken by prior +William to Pickburn, where the other witnesses would meet, to see +possession of the land given and the grant confirmed by deed. + +=Genealogy deduced.= + + (i) + THOMAS DE PICKEBURNE = ...... + a", + JORDAN + both living shortly before 1290 + + (ii) + HELIAS DE SCAUCEBY = ...... + a", + THOMAS + both living shortly before 1290 + + +II + +13th century. Prior to the statute _Quia Emptores_, 18 Edw I (1290). +=Charter= (Lat) confirming a grant from William de Mertone to Henry son +of Roger Palmer, of one toft in the town of Mertone and two acres of his +land; that toft and those acres which Roger his son formerly held of him +to the end of all things; to wit, the said Roger the said land either +held or retained, for homage and services; to have and to hold to him and +his heirs or assigns, from him (the grantor) or his heirs, freely quietly +and entirely, with all liberties and easements, so much land in the town +of Mertone, with the appurtenances; paying thenceforth annually himself +or his heirs or assigns to him (the grantor) and his heirs, one pound of +cummin at the feast of saint Michael the archangel, for all services +exactions and demands; and he William and his heirs, the said land, with +the appurtenances, to the said Henry and his heirs or assigns, against +all men and women, did warrant for ever. =Witnesses=: Richard de +Thorintone, Adam de Pultone, James de Poltone (_sic_), Henry de +Karletone, Roger son of John de (?)aynol, Emery (_Aumaricus_) de +Lekamtone and others. =Vellum=: one skin 6A1/2 A-- 3, portion of a green +seal, obscure. =Notes=: the form of the deed necessitates a date prior to +18 Edw I; and it is only by the names of the persons mentioned in the +charter that the approximate date can be fixed. Mertone is an early form +of Marton or Markeaton, two miles north-west of Derby, Richard le Palmer +was a witness to a lease of a house in Markton (Markeaton) temp Edw I, +see Jeayes "Derbyshire Charters", number 1651, page 205. The words "about +1275" are written on the back of the charter, in a hand of later date. + +=Genealogy deduced.= + + ROGER PALMER = ...... + a", + HENRY + both living shortly before 1290 + + +III + +=1310= Monday next before the feast of All Saints (1st November). +=Charter= (Lat), dated at Kenworthey, confirming a grant from William +Nolbildon (?) and Margery his wife to William de Baggyleigh and his +heirs, of one messuage and five acres of land, with the appurtenances, in +Norworthen and Kenworthey, without any reservation; to have and to +hold to him and his heirs, of the chief lord of the fee, by services +thenceforth owing and accustomed; freely quietly well and in peace, with +all liberties and easements to the said land, in the town of Norworthen +and Kenworthey howsoever described; they, the said William and Margery +and their heirs, all the lands aforesaid with the messuage aforesaid and +with all their appurtenances, situated as before written, to the said +William (Baggyleigh) and his heirs and assigns, against all men did +warrant and defend. =Witnesses=: Robert de Masey of Sale, Robert de +Tatton, Richard de Kogworth, Richard de Brounehul, Roger de +Kenworthey, Robert del Cley (?) clerk. =Vellum=: one skin 8A1/2 A-- +2A1/4, two seals missing. =Notes=: this is a grant of land in Northenden +in the hundred of Macclesfield, Cheshire. It is on the south bank of the +river Mersey, seven miles south of Manchester. Withenshaw Hall is the +ancient family seat of the Tattons, who were lords of the manor. See +OrmrodaEuro(TM)s aEurooeHistory of Cheshire" volume iii, pages 604 to 611. + +=Genealogy deduced.= + + WILLIAM NOLBILDON = MARGERY + both living 1 Nov 1310 + + +IV + +=1332= Tuesday in the feast of the translation of saint Dunstan (7th +September). =Quitclaim= (Lat), dated at Kenworthey, from Emma daughter +of Richard de Macworth to Sir William de Baggelegh knight and his heirs, +of all her right and claim in all lands or tenements, with their +appurtenances, which she had of the gift and testament (?) of Roger del +Tatton (?) in Kenworthey in the town of Nortworhthey (_sic_) with +the annual rent for the said lands. =Witnesses=: Roger le Masey of Sale, +John de Carmarthon, William de Tatton, Thomas del Brome, Adam Lobias. +=Vellum=: one skin 8 A-- 3, seal missing. =Notes=: the writing is much +faded in places. + +=Genealogy deduced.= + + RICHARD DE MACWORTH = ...... + a", + EMMA + living 7 Sep 1332 + + +V + +=1353= Sunday next after the feast of saint Adelmus the confessor (25th +May). =Agreement= (Lat), dated at Northworthyn between William de +Tatton of the one part and Robert his son of the other part: to wit, that +the said William as witness (_superstes_) gave and granted for all his +life to the said Robert his heirs and assigns, all his messuages lands +and tenements, rents and services, which he had etc in the town of +Nortworthyn Kenworthey and Wythynschagh, with all their +appurtenances, except so much of those lands and tenements which Thomas +Medock the miller (?) held from the said William for a term of years, in +the town of Nortworthyn, with the appurtenances; to have and to hold +to the said Robert his heirs and assigns freely quietly etc, for all the +life of the said William; of the chief lord of that fee, for services +thenceforth due and of right accustomed; provided that the said Robert +should maintain and order for the said William, during the life of +himself William, suitable and sufficient sustenance; and if it happen +that the said Robert, during the life of the said William his father, +should die, the said William agreed (?) that all the said lands and +tenements rents and services, with the appurtenances, for the time of the +life of him, to him should return revert and remain, except those lands +and tenements in Wythynshagh, with the appurtenances; to wit, those +tenements which the said William first held, which lands and tenements +with the appurtenances, the said William granted and gave, which during +the life of himself William would remain in the possession of Sybil wife +of the said Robert and her relations, for their maintenance. =Witnesses=: +William de Hynckley parson of the church of Nortworthyn, Richard de +Baggelegh, Richard de Brom, William son of Richard de Tatton, John son of +Roger (?) de Kenworthey. =Vellum=: one skin 9 A-- 3A1/2, seal missing. + +=Genealogies deduced.= + + (i) + WILLIAM DE TATTON = ...... + | + -------- + | + ROBERT = SYBIL + all living 25 May 1353 + + (ii) + RICHARD DE TATTON = ...... + | + WILLIAM + both living 25 May 1353 + + (iii) + ROGER DE KENWORTHEY = ...... + | + JOHN + both living 25 May 1353 + + +VI + +=(1391)= Sunday next before the feast of saint Martin in winter (11th +November), in the 15th year of Richard II. =Charter= (Lat) dated at +Wythinschawe, confirming a grant from Robert de Tatton senior to John son +of Robert de Legh and John de Rossyndale chaplain, of all his messuages +lands and tenements with the appurtenances, in Wythinschawe in the town +of Kenworthey, which Margaret, who was the wife of Robert de Tatton +junior, Robert Dukhard (?) parson of the church of Northdene, Richard del +Brome and William de Kenworthey held from the grant of him (Robert de +Tatton senior), for the term of his life, in the town aforesaid, to have +and to hold all the said messuages lands and tenements, with all lands +houses meadows feedings and pastures and other their appurtenances; and +also with forty three shillings and four pence annually, at the feast of +the nativity of saint John the baptist, and saint Martin the bishop, by +equal portions; for the said Margaret, Robert Dukhard (?) Richard and +William, during his (the said Robert de Tatton senior) life, in advance, +freely quietly well and in peace, with all profits liberties turbaries +common of pasture and other easements to the said lands and tenements +wheresoever, belonging and in the said town existing and to the same, of +whatsoever manner, to be firmly held: of the chief lord of that fee, for +services thenceforth owing and of right accustomed; warranty of title +etc. =Witnesses=: Peter de Legh then steward of Macclesfeld, William de +Legh chevalier, John de Honford (?), Richard de Brome, William de Ken'. +=Vellum=: one skin 9A1/2 A-- 3A1/4, seal missing. + +=Genealogies deduced.= + + (i) + ROBERT DE TATTON = ...... + senior | + | + ---------- + | + ROBERT = MARGARET + junior + all living 11 Nov 1391 + + (ii) + ROBERT DE LEGH = ...... + | + JOHN + both living 11 Nov 1391 + + +VII + +=1399= May 15th. =Deed of covenant= (Lat) given at Lancaster Castle and +made between John Gaunte duke of Lancaster fourth son of King Edward the +third and Edward Mundy of Marton in the county of Derby knight; whereby, +after reciting a visit of John Gaunte to Highe Frith in the parish of +Alstonefield in the county of Stafford, on the 10th May 1399, for the +purpose of hawking; the said John Gaunt (_sic_) gave and delivered to the +said Edward Mundy, a piece of land, to which the said John Gaunt gave the +name of Hawkesyerd otherwise Hawksearth. The boundaries of the land are +given in detail and also the names of some of the fields and the +adjoining farms and grouse moors. =Witnesses=: William Stanley gent, John +Porter gent, James Lewis gent, Wi'm Stanley gent, Thos Mundy gent, John +Thornicroft attorney. =Vellum=: one skin 15 A-- 8A1/2, round seal of green +wax, 3A1/2 inches diameter and an inch thick. See appendix and +photographic reproductions. + + +VIII + +(=1414=) Sunday next after the feast of Thomas the apostle (21st +December), in the 2nd year of the reign of Henry V. =Charter= (Lat) +confirming a grant from John Marreys son of Walter Marreys of Rostlastone +to Thomas Gresley knight, William Babyngtone, John Abell of Caldewall +and William Ward of Coton their heirs and assigns, of all his lands and +tenements rents reversions possessions and services, with their +appurtenances, which he had or in the future might have in the town and +territories of Rostlastone and Lynton or elsewhere in the county of +Derby, without reservation; to have and to hold all the said lands +tenements etc to the said Thomas, William, John Abell and William their +heirs and assigns freely quietly well and in peace for ever; of the chief +lord of that fee, for services etc; warranty of title. =Witnesses=: Roger +de Hortone lord of Catton, John Dethek of Neuhall, John Abell of +Stapenhull, John Lathebury de Newtone Suluy, Robert Thirmot of +Lyntone. =Vellum=: one skin 10A1/2 A-- 4A1/2, seal missing. =Notes=: +Rostlastone now Rosliston is a parish in the hundred of Repton county +Derby, four miles south-west of Burton-on-Trent; Cauldwell, +Coton-in-the-elms, Catton-on-Trent, Linton, Newton-Solney and Gresley are +close by and lie near the confluence of the Dove and the Trent. + +=Genealogy deduced.= + + WALTER MARREYS = ...... + of Rostlastone a", + a", + JOHN + both living 21 Dec 1414 + + +IX + +(=1414-15=) Sunday in the feast of the purification of the blessed Mary +(2nd February), in the 2nd year of Henry V. =Deed of exchange= (Lat) +dated at Kenworthy and made between William de Tatton of the one part and +William le Hunte and Margaret his wife of the other part; whereby the +said William de Tatton ... demised and by that then present indenture +confirmed to William le Hunte and Margaret his wife and their heirs for +ever, a certain parcel of land lying in Kenworthy called Lamputtes, in +exchange for another parcel of land lying near the house of William de +Tatton called Ruyssihey; to have and to hold the said parcel of land +called Lamputtes to the said William le Hunte and Margaret his wife and +their heirs for ever, making to the chief lord services etc; warranty of +title. =Witnesses=: Thomas de Legh of Bagulegh, Roger le Massy of Sale, +Robert de Hull'. =Vellum=: one skin 11A1/2 A-- 3A1/2, seal missing. +=Notes=: this deed is indented and possibly the other part contained a +grant or demise of Ruyssihey or Rushyhey to William de Tatton completing +the exchange. In this deed the words of grant are illegible except +aEurooedemise"; and the deed only effects one part of the exchange. + +=Genealogy deduced.= + + WILLIAM LE HUNTE = MARGARET + both living 2 Feb 1414-15 + + +X + +(=1425-6=) in the feast of saint Vincent martyr (22nd January), in the +4th year of Henry VI. =Release and quitclaim= (Lat), dated at Over +Haddon, from William de Brodehurst, son of William de Brodehurst, of Over +Haddon to John Brodehurst his brother his heirs and assigns; of all right +and claim of right which he had, in one messuage and eighteen acres of +land, with the appurtenances, lying in the said town and fields of Over +Haddon, which same messuage and eighteen acres of land, with the +appurtenances, the said John his brother had from the gift and grant of +Cecilie their mother by a certain charter etc. =Witnesses=: John de +Farefeld (?) of Over Haddon, John ... of the same town, John de Gyte, +Nicholas Pygges (?), Thomas de ... =Vellum=: one skin 10 A-- 3A1/2, seal +missing. =Notes=: this deed is in bad condition and the writing is much +faded, many words and sentences being illegible; but the general outline +and date are clear and doubtful names are indicated in the above +abstract. One of the witnesses John de Gyte of Over Haddon is mentioned +as purchaser of land in Over Bondsale 3 Hen VI (1424), in a grant +abstracted in Jeayes" "Derbyshire Charters" No 317. + +=Genealogy deduced.= + + WILLIAM DE BRODEHURST = CECILIA + | + ------------------ + | | + WILLIAM of JOHN + Over Haddon + all living except perhaps Cecilia 22 Jan 1425-6 + + +XI + +(=1426=) November 6th, in the 5th year of Henry VI. =Letter of attorney= +(Lat), dated at Ouerhaddon, from Richard son of John Walker of Ouerhaddon +to William de Brodhirst senior and John his son, to give seisin to +William de Brodhirst junior and Margorie his wife, in one messuage and +xxvi acres of land and meadow, with the appurtenances, in Ouerhaddon, +following the form and effect of a certain charter of the said John +Walker to the same William de Brodhirst junior and Margorie. =Vellum=: +one skin 12 A-- 1A1/2 seal missing. + +=Genealogies deduced.= + + (i) + JOHN WALKER = ...... + of Ouerhaddon | + | + RICHARD + both living 6 Nov 1426 + + (ii) + WILLIAM BRODHIRST = ...... + senior | + | + -------------- + | | + JOHN WILLIAM = MARGORIE + junior + all living 6 Nov 1426 + + +XII + +(=1565=) July 12th, in the 7th year of Elizabeth. =Award= (Engl) of +Gregorye Reyvell of Stanyngton, Robert Hawksworthe of Thornsett, +Phyllyppe Morton of Ughyll and Thomas Greyve of Westnall in the countye +of Yorke yomen. Reciting that where certayn debate contraversye and +varyance then of late had been dependynge betwene Henry Gelat of +Wygtuysle in the countye of Yorke yoman of the one partye and Henry +Morton and Henry Ibotson of the same Wygtuysle in the same countye yomen +of the other partye, and especyally of for and concernynge the +occupacion of certayne Byredole lands in Wygtuyslee afforsayd, in so +muche as bothe the sayd partyes had submytted them selffs to stand to and +adyde obserue performe fullfyll and kepe the award arbytrament order rule +dome and judgement of them the sayd Gregorye Reyvell etc arbytratourers +indefferently electe and chosen betwene the sayd partyes to arbytrate +award etc, of in for and uppon almanner of matters accyons suyts grudges +trespasse quarrells detts and demaunds what so euer they be had moved +styrred and in any wyse dependynge betwene the sayd partyes, frome ye +begynynge of the worlde unto the day of makynge heroff for the +pacyffyenge wheroff they the sayd arbytratourors had takyn uppon them the +offyce and aucthoryte of arbytrament at Wygtuysle affor sayd and then and +there awarded etc, in manner and form foloynge; Fyrste, we award etc, +that the sayd partyes shall frome hencefurthe be faythefull lovers and +friends and deale as lovynge nebors ought to do; also we award etc, that +the sayd Henry Morton and hys heyrs shall at all times herafter haue hold +occupye and enyoye one parcell of wodd ground wch he haythe heretofore +claymed, set lyenge and beynge in a place called the nether croft and +commonly called the cloyghe without let trouble or ympedyment of the sayd +Henry Gelot and hys heyrs etc; and further we award etc that the sayd +Henry Gelot and his heyrs shall at all tymes herafter haue hold occupye +and enyoye one parcell of land lyenge in the nether end of one close +called the hallowes, as yt ys now devyded and meared by hus, without +vexacion let trouble or ympedyment of the sayd Henry Morton and Henry +Ibotson and ther heyrs etc; and further that all other mears and balks +shall at all tymes herafter be kept and used contenually as they be now +appoynted by hus; and further we award that bothe the sayd partyes at all +tymes herafter in tyme of mast shall gether all the mast that shall fall +frome ther own trees, where so euer the same shall fortune to fall, +without let etc, and that all swyne of bothe partyes in mast tyme shall +have all ther swyne to go at libertye throughe out all the byredole +lands, belongynge to the Town of Wygtuysle without lett or harme. +=Vellum=: one skin 13 A-- 7, seals missing. =Notes=: the deed is indented, +there are no witnesses. Mast is the fruit of beech and forest trees, food +for swine. + + +XIII + +=1568= October 24th, in the 10th year of Elizabeth. =Grant= (Engl) made +between Vincent Munday of Marketon in the county of Derby esquire and +Edward Mundy (_sic_) gentleman, son and heir apparent of the said +Vincent, of the one part and John Weston of Mackworth in the county +aforesaid gentlemen of the other part; whereby the aforesaid Vincent and +Edward, for and in consideration of the sum of three hundred pounds paid +to the said Vincent and Edward by the said John Weston, delivered gave +granted sold bargained released and confirmed to the said John Weston and +his heirs executors and administrators, all that messuage or tenement, +with the appurtenances, situate lying and being in The Highe Frith +within the parish of Alstonefield in the county of Stafford and being +part parcel and member of the manor of Alstonefield aforesaid and +thereafter named; following and more at large expressed; to wit all that +messuage farm or tenement called Hawkesyarde or otherwise Hawkesearthe, +then in the tenure or occupation of Raphe Bradburye and Maud his wife: +then follows a full description of the outbuildings lands etc, with +extracts from the deed of covenant of the 15th May 1399 hereinbefore +abstracted and a full copy of which grant is given in the appendix +hereto. =Witnesses=: John Walker, Thomas Mundye gent, Thomas Brunt, John +Oakes yeoman and Thomas Mundy. =Vellum=: one skin 16 A-- 12, two round +seals of yellow wax, each 1A1/2 inches in diameter and bearing a cross +flory, probably not armorial. =Notes=: photographic reproductions of this +deed and the two seals are given in the appendix. There is a memorandum +endorsed recording the giving of possession on the 24th November in the +10th year of Elizabeth in the presence of the same witnesses, except John +Walker. + +=Genealogy deduced.= + + VINCENT MUNDAY = ...... + of Marketon a", + co Derby a", + esquire a", + a", + EDWARD + s & h ap gent + both living 24 Oct 1568 + + +XIV + +(=1625=) July 25th, in the 1st year of Charles I. =Deed of covenant= +(Engl) made between John Ibotson of Wigtwisle in the county of York +clerke on the first partye, William Ibotson of Nether Combes in the said +county yeoman on the second partye and Richard Ibotson of Worral in the +said county yeoman on the third partye; witnessed that the said John +Ibotson for divers good causes and considerations him moving did covenant +grant conclude and agree to and with the said William Ibotson and his +heirs by those presents, that he the said John Ibotson should and would +before the feast day of saint Michael the archangell, then next ensuing +the date thereof, by his deed of feoffment, by him to be sealed and +delivered and with "liverye of seizen" lawfully executed give grant +enfeoffe and confirm unto the said William Ibotson and his heirs for +ever; all that messuage or tenement in Wiggtwisle (_sic_) aforesaid, +which was sometime the tenement of one Henry Morton deceased; and all +houses buildings lands tenements meddowes pastures woods under-woods +commons comodityes and hereditaments of him the said John Ibotson in +Wiggtwisle aforesaid, whichever were the lands tenements and +hereditaments of the said Henry Morton in Wiggtwisle aforesaid, with all +their appurtenances whatsoever; to the only use and behoofe of the said +William Ibotson and of his heirs for ever; to the end that the said +William Ibotson might be adjudged and taken to be perfect tenant of the +freehold of all the said messuage and other the said premises, until a +perfect recovery might be had and executed of all the said premises +against him the said William Ibotson; and it was also covenanted and +agreed by and between all the said partyes to those presents that a writt +of entery _sur disseisen in le post_ should be brought for the said +premises, at the cost and charge of the said John Ibotson, in the name of +the said Richard Ibotson, against the said William Ibotson; by the name +or names of one messuage one garden one orchard an hundred acres of land +thirty acres of meddowe twenty acres of pasture four acres of wood and +forty acres of more (moor), with thappurtenances, in Wiggtwisle alias +Wyghtwysill Bradfeild; or by such the name or names as to the said +John Ibotson should be thought meet and convenient, according to the use +of common recoveries in such case used; and that the said William Ibotson +should vouch to warrant the said John Ibotson who should enter into the +said warranty and vouch over the common vouchee, who should appear and +make default; also that a perfect recovery may be had and judgement +thereupon given, in his MajestyaEuro(TM)s court of common plees at Westminster, +against the said William Ibotson who should recover in value, against the +said John Ibotson and the common vouchee, to be in mercye; and it was +likewise further covenanted etc by and between all the said parties, that +after the execution thereof of the said recovery, the same should be and +enure, and the feoffee named in the said feoffment and recoverer named in +the said recovery, should at and ever after the executing of the said +feoffment and at and ever after the said recovery, soe had as aforesaid, +stand and be seized of the said messuage etc; to the only use and behoof +of the said John Ibotson and of his heirs and assigns for ever, and to +noe other use intent or purpose whatsover. =Witnesses=: Richard Ibotson, +Will' Woodson, John Potter. =Vellum=: one skin 21 A-- 10, three seals +obscure. =Notes=: John Ibotson signed, the other two were marksmen. It is +interesting to note that Wyghtwysill is given as the _alias_ for +Wiggtwisle. According to Hunter, John was the son of Henry Ibotson of +Wightwisle and Mary Morton daughter of Henry Morton of Wightwisle, +referred to in this deed. John is said to have had a living in Norfolk. +His eldest daughter Mary married Christopher Wilson of Broomhead. William +and Richard Ibotson were probably related to John whose grandson Charles +Wilson was vicar of Sheffield. See F.M.G. vol II, page 650. + + +XV + +=1625= July 30th, in the 1st year of Charles I. =Feoffment= (Lat) from +John Ibotson of Wigtwisle in the county of York clerk to William Ibotson +of Nether Coombes in the said county of York yeoman and his heirs for +ever, of all that his messuage or tenement in Wigtwisle aforesaid, which +then formerly was the tenement of Henry Morton, then deceased; and all +his outhouses and buildings gardens orchards lands tenements meadows +pastures woods underwoods rights of common profits and hereditaments in +Wigtwisle aforesaid, with their appurtenances; to holdun to and to the +use of the said William Ibotson his heirs and assigns for ever, of the +chief lord etc, by services etc; warranty of title. =Witnesses=: Henry +Ibotson, William Wodson (the tenant), John P.... =Vellum=: one skin 12 A-- +5A1/2, round seal of red wax bears a dolphin, probably not armorial. +=Notes=: there is a good signature of "John Ibotsone." + + +XVI + +=1633= May 13th, in the 9th year of Charles I. =Grant= (Engl) made +between John Ibotson of Wigtwisle in the county of York clerk of the one +part and Christopher Willson of Wigtwisle in the said county yeoman of +the other part; whereby the said John Ibotson, for and in exchange with +the said Christopher Willson granted etc unto the said Christopher +Willson his heirs and assigns for ever, one way for passage with drift +cart and carriage then or theretofore used and accustomed, unto and from +a messuage or tenement at Wigtwisle aforesaid then in the occupation of +William Odeson, through a close of him, the said Christopher Willson, +called the Walls and thence into and from the nether croft, belonging to +the said messuage or tenement; to hold the abovesaid way etc, and all the +right interest and demand of him the said John Ibotson thereto unto and +to the use the said Christopher Willson his heirs and assigns for ever; +warranty of title etc; and the said Christopher Willson in lieu and +exchange of the above etc, granted etc unto the said John Ibotson his +heirs and assigns for ever, one like way etc henceforth and for ever +thereafter to be used, unto and from the said messuage, then in the +occupation of the said William Odeson, to and from the nether crofts, lee +and nether hollin carr, belonging to the said messuage, by and "thorow" +the fouldstead of the said Christopher Willson on the south side of his +house at Wigtwisle aforesaid and from thence "thorow" the nether yeard +and so to and from the three closes last above mentioned; to hold unto +and to the use of him the said John Ibotson his heirs and assigns for +ever; warranty of title etc. =Witnesses=: William Garlicke, William +Odeson. =Vellum=: one skin 10A1/2 A-- 9A1/2, seal missing. =Notes=: both +Christopher Willson and William Garlicke, the witness, were sons-in-law +of John Ibotson, see Hunter's F.M.G. vol II, page 652. The word Wigtwisle +when used to describe the residence of Christopher Willson has been +written on an erasure. + +[Illustration: Map of Hawksyard and The Moorlands of Staffordshire.] + + + + +APPENDIX. + +Reprint from _Transactions_ of The Hunter Archaeological Society. + +HAWKSYARD. + +BY T. WALTER HALL, Hon. M.A. (SHEFFIELD), F.R.Hist.S. + + +Place-names, obvious in their meaning but suggesting a remote origin and +a forgotten past, attract the historian, if not the philologist. + +Hawksyard is one of these; its import is Hawksland but its history lies +hidden in the records of past centuries; it excites our curiosity and +quickens our imagination. + +We instinctively recall scenes of English sport in bygone days; of kings +and nobles, knights and ladies, riding across the unfenced country; over +moorland and waste, through fen and ford, with hooded falcon and stooping +hawk, enjoying what was for nearly a thousand years the national sport of +England. + +Such a scene was brought to mind by the perusal of two musty parchments +with imposing seals and faded script, quarried from the lower _strata_ of +time-worn muniments, in the office of Colonel Brooke Taylor of Bakewell. + +The earlier of these deeds takes us back to the death of John of Gaunt +and the resignation of Richard II in the closing year of the 14th +century; the later one was sealed and delivered in the less tragic days +of Queen Elizabeth. + +They both relate to Hawksyard, situate in that part of The Moorlands of +Staffordshire known in the middle ages as Highe Frith of Malbanc Forest; +south of Buxton and east of the church at Newtown near Longnor. + +The deed of John of Gaunt bears date the 15th May 1399, in bold Arabic +numerals; it is written in a jargon intended to be Latin and measures 15 +A-- 8A1/2 inches; its round pendent seal of green wax has a diameter of +three and a half inches and is nearly an inch thick. The parchment is +dark in colour, coarse in texture and much crinkled; the writing is not +uniform in character, parts being in a flowing hand suggesting a date +long subsequent to the Plantagenets. The deed begins with the word +_Conventum_, meaning a covenant or agreement under seal; but, from the +concluding paragraph, it was evidently intended to operate as a deed of +gift or grant in fee simple of the lands called Hawksyard. + +[Illustration: _Photo Ethel Eadon_ + +1399 May 15th. =Deed of Covenant=, John of Gaunt to Sir Edward Mundy.] + +The following is a transcript with the contractions indicated but not +extended:-- + + Conventum inter Johan' Gaunte Duc' Lancast' quart' fillius + Regy' Edvardi tert' et Edvardum Mundy de Marton in Comitatu + Derb' equit' Joh'es Ga'nt Dux Lancast' p'mittebat Domin' + Edvard' Mundy visere ap'd Marton in Comitat' Derb' p'd q' + pariter prestabat Et etiam Dominus Edvardus Mundy iterfaciebat + Duc' Lancast' Comitibusq' ejus in Highe Frith parochia + Allstonefield Comitatu Staffordiae Cum in eum locum pase (?) + publice p'venirent qui nuncupatur Lady Edge cujus defugabant + (?) excitabant Gallos palust' ad quos illico accipitres + evertebant apud quos accipitres fuga petebant int' illos + Limites ut posthac mention's siant hoc Termino qui expositus + erat Avibus volantibus ultro citroq' ad viam publica' qua + abduit ab Longnor ad Leeke al' parte circunt quo accipitres + pred'am apprehendebant parte juxta mediam circuituo juxta + convallem Orient' Decim' Die May' Ann' Dom' 1399 Quamobre' + Joh'es Gaunt ei dabat Titulu' nomenq' Hawkesyerd alias + Hawksearth propter pred'a apprehensa' inter Limit' qui posthac + mentionem fit qui non antehac nuncupabatur ... Aliquae pauce + Fundi Partes que posthac mentione' fiunt Viz' alia pars Fundi + nuncupatur Harrisons Intake al' pars Fundi nuncupat' + House-Fielde quo parva vel Domus stabat al' pars Fundi nuncup' + Little Meadow quae ex part' meridional' inter jacet Locu' + nuncup' Boothesley Grange al' pars Fundi nuncup' Spart (? + Spout) Meadow fluvio adjacans erga Occidentam al' pars Fund' + nuncupat' Killn Croffte fluvio adjac' erga Occidente' al' pars + Fund' nuncup' Spart (?) al' pars Fundi nuncupat' Rye Pingle + erga Occidentem sequia secale illo p'senti anno Cresscebat + Limes Hawksyerd alias Hawksearth jacens positusq' in Highe + Frith Parochia Allstonefield Comitatuq' Staffordie exposit + Johan' Gaunt Duc' Lancast' p'd' inter tales Metas qual' posthac + mentione' fiunt attin' illi soli Domo predi'oq' nuncup' + Hawksyerd alias Hawksearth p'd ubi est convallis oriental' ejus + part' Fluviusq' Curans erga merediem juxta Fluvium int' ilium + et Locum nuncup' Banke aut al' Over boothesley Etiam parte + meridional' convallus ... et Fluvius currens erga Orient' juxta + Fluviu' int' illu' Locumq' nuncup' Bauthsley (_sic_) Grange + illaq' ascendit part' meridional' Funi qui nuncup' Rye Pingle + quia jacet erga Occident' et setendit directe ad fugum q'd + nuncup' Lady Edge jacens positusq' in Highe Frith Parochia + Allstonefield Comitatuq' Stafford' et tunc transjugu' q'd est + erga septentrionem directe ad viam publica' quae abducit ab + Longnor ad Leeke Etiamq' publica' juxta via' erga Orient' usq' + du' directe p'venit ad Convalla' Termino Orientali Tractus + praedi'i expositus primo Ann' Regni Regis Henrici Quart' + assignabat Limat vel Expellere includere vel admittere ad Sol' + proprium usu' Comodumq' illius Domus predi'iq' nuncu'q' + Hawksyerd al' Hawksearth p'd etiam Libertinuanu' publi' pascu' + jusque effodiendi Cespites p' Desertu' Domin' Allstonefield + Dom' Edvardus Mundy de Marton in comitat' Derby (_sic_) p'd' + favore unum suplicabat Joh'es Gaunt Du' Lancastriae quem + dicebat consideret Si illi esset postestas Dom' Edvardus ilium + orabat et ei daret predi'u' nuncup' Hawksyerd alias Hawksearth + p'd' Et Joh'es Gaunt libere Largiebatur et concedebat illi et + posteris in Aeturnu' Dom' Edvardus Mundy profesiebatur Joh'e + Gaunt Comitibusq' eum visere apud Castrum Lancast' quo Joh'es + Gaunt sigillabat Subscribebat et in potestatem Domin' Edvardi + Mundy Premis' tot' tradebat decimo quint' Die May Anno D'm' + 1399 coram William Stanley Gent John Porter Gent' James Lewis + Gent' Wi'm Stanley Gent' Tho's Mundy Gent' John Thornicroft + Attorney. + +It is not easy to give a true interpretation of this unconventional deed; +the operative part, which should be clear and precise, being vague and +inconclusive. The following is what may be accepted as a free translation +conveying a general idea of the purport and effect of the deed:-- + + An Agreement between John Gaunte duke of Lancaster, fourth son + of King Edward the third and Edward Mundy of Marton [Markeaton] + in the county of Derby knight. John Gaunt (_sic_) went himself + to visit Sir Edward Mundy at Marton in the county of Derby + aforesaid ... and Sir Edward Mundy made a journey with the duke + of Lancaster and his attendants into Highe Frith in the parish + of Alstonefield in the county of Stafford; when they arrived at + that piece of public ground [? the common or moorland waste of + the manor] which was called Lady Edge, from which moorcock + [both red and black grouse] were frequently driven away and + from whence hawks were let loose and flown within such + boundaries as were thereinafter mentioned, to this boundary + which was free and open for birds flying backwards and forwards + near the public road, which led from Longnor to Leek. In the + part of the circle in which the hawks took [the grouse] near + the middle circuit next the east clough, on the 10th day of May + 1399: for this reason John Gaunt gave it the title and name of + Hawksyerd otherwise Hawksearth, because of the game being taken + within its limits, thereinafter mentioned, which place was not + theretofore named, some other pieces of land, which after that + were made mention, to wit, part of a piece of land called + Harrisons Intake, part of a piece of land called House Fielde, + on which a small shed or house was standing, part of a piece of + land called Little Meadow, which on the south lay between a + place called Boothesley Grange and part of a piece of land + called Rye Meadow following the stream pointing west, part of a + piece of land called Killn Croffte adjoining the stream, thence + west, part of a piece of land called Spart (?) Meadow, part of + a piece of land called Rye Pingle, thence west following the + rye of that year then growing. The boundary of Hawksyard + otherwise Hawksearth, lying and being in Highe Frith in the + parish of Alstonefield in the county of Stafford set out by + John Gaunte duke of Lancaster aforesaid, between such bounds as + were thereinafter mentioned, were set out for that house only; + and the land called Hawksyerd otherwise Hawksearth aforesaid, + where there is a clough at the east end of it and a purling + stream, thence south following the stream between that and a + place called Banke or otherwise Over Boothesley; also on the + south side, a clough and stream ran, thence east next the + stream, between that place called Bauthsley (_sic_) Grange and + ascending on the south of the piece of land which is called Rye + Pingle, thence west leading direct to the high ridge which is + called Lady Edge, lying and being in Highe Frithe in the parish + of Alstonefield in the county of Stafford; and then across the + ridge which is north direct to the public road, which led from + Longnor to Leeke; and also along the public road thence east it + passed straight to the east end of the clough. The full extent + of the said land, in the 1st year of the reign of King Henry + IV, was marked out and set to limits either to expel, keep in + or admit, to the only proper use and advantage of that house + called Hawksyerd otherwise Hawksearth aforesaid; and also the + liberty to dig turf in the public meadow and wastes of the + lordship of Alstonefield. Sir Edward Mundy of Marton in the + county of Derby aforesaid prayed for one favour of John Gaunt + duke of Lancaster, which he [John] said he would consider if to + him it were possible. Sir Edward asked him and he [John] to him + gave the said place called Hawksyerd otherwise Hawksearth + aforesaid and John Gaunt did freely give and grant it to him + and his descendants forever. Sir Edward Mundy then went with + his attendants to John Gaunt to see him at Lancaster Castle + which [agreement] John Gaunt sealed and subscribed; and into + the control of Sir Edward Mundy, all the before mentioned was + handed over on the 15th day of May 1399 In the presence of + William Stanley Gent, John Porter Gent, James Lewis Gent, Wi'm + Stanley Gent, Thomas Mundy Gent, John Thornicroft Attorney. + +If this deed correctly records the facts, we must infer that John of +Gaunt owned lands in north Staffordshire between Longnor and Leek; and +that they probably formed part of the lands belonging to the duchy of +Lancaster. We learn that his friend Sir Edward Mundy of Markeaton, +twenty miles away to the south-east, invited the duke to visit him there; +a hawking party being arranged on the 10th May 1399 by Sir Edward for the +entertainment of his royal guest; one of the highest points of The +Moorlands, known as Lady Edge, nearly 1500 feet above the sea, where +grouse were always to be found, was selected as the trysting place. The +party would ride from Markeaton across the open country to Lady Edge, and +they appear to have had good sport. Probably John of Gaunt and his +friends from Markeaton watched the hawking from the top of Lady Edge and +the undulating land which lies between Lady Edge and Hawksyard, the +quarry being taken within a distance of half a mile to the north-east. So +pleased was the duke, that he honoured the place where the hawks took +their quarry by giving it the name of Hawksyard otherwise Hawksearth; a +place which before then was unnamed. The deed also states that before the +duke left Markeaton, Sir Edward asked him as a personal favour to give +Hawksyard to Sir Edward and that the duke promised to consider the +request. Apparently Sir Edward returned with the duke to Lancaster, as a +few days later the duke is stated to have sealed and subscribed this deed +at Lancaster Castle and delivered it into the hands of Sir Edward on the +15th May 1399. The metes and bounds are fully set forth in the deed, +which also records that the boundaries were marked out on the land in the +1st year of Henry IV. + +[Illustration: _Photo Ethel Eadon_ + +1568 October 24th. =Grant= from Vincent and Edward Munday to John +Weston.] + +The second deed bears date the 24th October 1568 written in the same bold +Arabic numerals as in the earlier deed; but the later deed is in English +and measures 16 A-- 12 inches, it has two round seals of yellow wax, each +of a diameter of one and a half inches; the impression on these seals +does not appear to be armorial but they both bear the same form of cross; +the parchment and make-up are in all respects similar to the deed of 1399 +and the signatures of Vincent Mundy and his son are written in the same +hand as the deed, which was not unusual in the 16th century. + + * * * * * + +The following is an abstract of the grant from Vincent Mundy and his son +Edward to John Weston. + + An Indenture made the 24th day of October, in the 10th year of + Elizabeth and in the year of the Lord 1568 Between Vincent + Munday of Marketon in the countye of Derbye esquire and Edward + Mundy (_sic_) gentleman, son and heir apparent of the said + Vincent, of the one part and John Weston of Mackworth in the + county aforesaid gentleman of the other part; whereby the + aforesaid Vincent and Edward, for and in consideration of the + sum of three hundred pounds of lawful money of England, to the + aforesaid Vincent and Edward in hand paid by the said John + Weston, whereof they confessed themselves to be fully + satisfied and paid and the said John Weston and his heirs + executors and administrators to be thereof acquitted and + discharged for ever by those presents; had delivered given + granted sold bargained released and by those present writings + confirmed to the aforesaid John Weston and his heirs executors + and administrators, all that their messuage or tenement, with + the appurtenances, situate lying and being in the Highe Frith + within the parish of Alstonefield in the county of Stafford; + and being part parcel and member of the mannor of Alstonefield + aforesaid and hereafter named, following and more at large + expressed; to wit, all that messuage farm or tenement called + Hawkesyarde or otherwise Hawkesearthe, then in the tenure or + occupation of Raphe Bradburye and Maud his wife; and also all + and singular houses outhouses cottages barns edifices buildings + orchards gardens meadows pastures lands and arable lands + commons woods underwoods, free liberties or commoninge and + turbarye throughout the waste of the aforesaid manor, + priviledges profits and commodities whatsoever, with all and + singular the appurtenances to the said messuage or tenement in + anywise lyeing appertaininge or belonginge; or any thing + standing or at any time theretofore accepted used occupied or + perceived, together with the said messuage or tenement or any + of them, by any tenant before named their prior tenants or as + part parcel and member of or as belonging to the said messuage + or tenement or by whatsoever name or names it was commonly + called or known, and all the estate etc; and moreover all rent + and yearly profits whatsoever, reserved on any demise grant or + copye of the premises, by any person or persons theretofore + made or committed; to have hold and enjoy the same to the said + John Weston his heirs executors administrators and assigns for + ever; and likewise priviledges profits and commodities + whatsoever, which John Gaunt the duke of Lancaster the fourth + son of King Edward the third did give and grant unto Sir Edward + Mundaye (_sic_) of Marketon in the county of Derby knight, the + compass set by him the said John Gaunt betwixt those marks as + were thereafter mentioned (that was to say) a clough at the + east end of the said premises and a pearle of water which runns + southewarde betwixt and a place called the Banke or otherwise + Over Boothesleye; also a clough and a water, which runns + eastward betwixt and a place which is called Boothesleye Grange + and so it goes up close bye the water side pointinge westwards + and so it goes up after the southe side of a piece of grounde + which is called the Rye Pingle, from thence streight up to the + top of the Hill which is called the Lady Edge, situate lyeinge + and beinge in the Highe Frithe within the parish of + Alstonefield aforesaid and countye of Stafforde aforesaid and + from thence streight to the Highe Road, that goes betwixt + Longenor and Leek, pointeinge northeward and so it goes down + bye the roade side untill it comes directlye against that + cloughe at the east end; withe free libertye to drive off + enclose or take inn, so farr as the compass aforementioned + extends; to the onlye proper use and behoofe of that one + messuage or farme called Hawkesyarde or otherwise Hawkesearthe + aforesaid, likewise free libertye of commoninge and turbarie + throughout the waste of the mannor of Alstonefield aforesaid; + and they did therefore deliver to the said John Weston his + heirs and assigns full and peaceable possession etc. The + witnesses were John Walker, Thomas Mundye gent, Thomas Brunt, + John Oakes yeoman and Thomas Mundy (_sic_); + +In this deed there is an evident desire on the part of the draftsman to +strengthen and even to extend the rights and privileges appurtenant to +the Hawksyard estate, which then included a house of considerable +importance, occupied by Ralph Bradbury and Maud his wife. Towards the end +of the deed a belated attempt at a recital of the earlier John of Gaunt +deed is added, with extracts giving the full description of the +boundaries; and this earlier deed is treated as the root of title to +Hawksyard. + +The question and the only question we have to consider is whether these +two deeds give us a true account of the origin and early history of the +place-name Hawksyard? At first sight it would appear that they do; but +unfortunately there is much in the earlier deed to arouse suspicion. It +is not that the story of John of GauntaEuro(TM)s visit to Highe Frith is +improbable, on the contrary he rebuilt and occupied Tutbury Castle twenty +miles away; nor is there any reason to think that in those days Sir +Edward Mundy would hesitate to ask the duke for a few acres of rough +moorland waste, as a memento of a red-letter day in the history of the +Mundy family. Perhaps such a request, under the circumstances, +constituted true politeness in the middle ages; or he may have wished to +commemorate the day by building a house on the land to bear the name +Hawksyard; but, however probable these surmises may be, there are many +things in this alleged deed of gift which suggest a date much later than +the reign of Richard II and cast a doubt as to its _bona fides_. + +In the first place it is obvious that the date 15th May 1399 cannot be +correct, as John of Gaunt died in January or February 1398; further the +deed states that the duke visited Highe Frith on the 10th May 1399, which +was impossible; and it is perhaps equally surprising to find that a deed, +dated in the reign of Richard II, should refer to the first year of +Henry IV, whose reign had not then begun and might never have occurred. + +These impossible dates require explanation, but our difficulties do not +end with dates; the writing in the John of Gaunt deed is not +characteristic of the period, it is not uniform throughout, the body of +the deed being written in characters of the rugged native script, the +names of the witnesses being added in a flowing Italian hand of the +Elizabethan period. Attention should also be called to the fact, that of +the five witnesses in whose presence the duke is said to have affixed his +seal, not one of them was above the rank of gentleman. The seal is +impressed with a hunting horn, suggestive of forest heraldry, but the +royal arms of the son of Edward III do not appear on this seal; and, if +the hunting horn is in its proper heraldic position, the point of the +shield is at the top. + +As above stated, the form of the deed is unusual and follows no +precedent; many words are more suggestive of the classics than the +customary usage of diplomatics in the 14th century. _Equitem_ takes the +place of the more conventional _militem_; _nuncupatur_ is used instead of +_vocat_ and _coram_ instead of _testibus_. Each of the first four +witnesses is described as gent and the last as attorney, while Derby is +written once in English; further, the exact legal effect of the deed +seems to be intentionally vague; it is headed _conventum_, meaning a +covenant, but in the subsequent deed of 1568 it is referred to as a +grant. The full description of the land in the later deed, with all its +boundaries and appurtenant rights, suggests that the Elizabethan +draftsman had some doubt as to the true facts; these details being +apparently exploited with some ulterior intent. + +In comparing the size make-up and general appearance of the two deeds, it +is impossible not to see in them a strong resemblance; they are both +typical of the time of Elizabeth, the deed of 1399 is too large and too +coarse for a charter of that date. The fact that one is in Latin and the +other in English makes the comparison less easy; but in both we find +similar parchment ink and seals; the script is much the same in both +deeds, each having the dates written in the same bold Arabic numerals; +and the later recites the earlier deed. + +It would not be difficult to find other points of resemblance between +these deeds; and it is impossible to compare them without coming to the +conclusion that they were prepared at the same time by the same person, +with the definite object of making a good title to the Hawksyard +property, on the sale to John Weston. + +This forces us to the conclusion that the John of Gaunt deed is not +altogether trustworthy; and we have to consider whether or not the +information it contains, with regard to the origin of the place-name +Hawksyard, can be relied on; or if we must treat its whole contents as +pure fiction and entirely discredit all it tells us of the hawking party +in Highe Frith. + +[Illustration: =Seal= of 15th May 1399.] + +There must be some explanation of this extraordinary deed; and it may yet +be possible to find a solution of the problem. Here is the deed! How can +we account for it? How much of what it tells us may we accept as truth? +To what extent is its story supported by extraneous evidence? + +The points as to which we require information are; whether John of Gaunt +was in a position to give and grant lands in the Highe Frith to Sir +Edward Mundy or had he only the rights of an overlord? Why did he +hesitate before complying with Sir EdwardaEuro(TM)s request? Was he in doubt as +to whether the land were his to give or whether he held as tenant _in +capite_? Did he execute a deed of gift or did the gift rest on a verbal +promise, Sir Edward taking possession of the lands and converting them to +his own use? Did the lawyer of 1568, who carried through the sale to +Weston, act _ex fide bona_ and endeavour, according to his lights and the +practice of his time, to put the title to Hawksyard in order, for the +mutual benefit of both vendor and purchaser? + +For answers to these questions we must return to the days of John of +Gaunt. + +In 1398 Richard II, seeing that his uncle John of Gaunt was in failing +health and that JohnaEuro(TM)s son, Henry Bolingbroke earl of Hereford, might +press his claim to the throne of England in case of RichardaEuro(TM)s death +without issue, took advantage of a quarrel between Bolingbroke and the +duke of Norfolk, in which each accused the other of treason, to banish +them both from the realm. + +The loss of his son fell heavily on John of Gaunt, who died at the end of +January or the beginning of February 1398; and it is important to bear in +mind that the year 1399 began on the 25th March and not the 1st January. + +Richard, being free for a time from the menace of the House of Lancaster, +seized the whole of the Lancastrian estates in the absence of the +banished heir and crossed to Ireland to complete his conquests and +strengthen his hold on that country. + +During RichardaEuro(TM)s absence in Ireland the banished Henry, hearing the news +of his fatheraEuro(TM)s death and the confiscation of the Lancastrian estates, +landed on the Yorkshire coast with a few trusted friends and three +thousand men-at-arms. + +He was at once joined by the great barons of the north and with an army, +which increased as it advanced, he ultimately reached London; where he +was well received by the people, who were tired of Richard and looked to +Henry as their future king. + +On hearing the news of HenryaEuro(TM)s return Richard, after much delay through +rough weather, recrossed the Irish Channel to Milford Haven, only to find +that both his friends and his armies in England had melted away and that +his kingdom was lost. + +He was forced by Henry and his supporters to resign his crown and, in +Westminster Hall on the 29th September 1399, his resignation was received +with shouts of applause; on the following day his cousin Henry +Bolingbroke, son and heir of John of Gaunt, was proclaimed King of +England as Henry IV. + +On HenryaEuro(TM)s accession he regained the estates of the duchy of Lancaster, +which however remained in his hands as crown property. + +The above events and the dates on which they occurred are of importance +in considering the two Hawksyard deeds; and if we are to understand how +and why they came into existence, we must also trace the early history of +Highe Frith and learn something of the conditions then prevailing as to +the holding and devolution of landed estates in England; more especially +with regard to earldoms honours and manors, which formed the basis of the +feudal system. + +When we clearly understand the way in which land in England was held in +pre-reformation days, it will perhaps be possible to see whether the +facts set forth in the deed of gift of the 15th May 1399 were consistent +with the early history of the manor of Alstonefield; and whether John of +Gaunt was shortly before his death in a legal position to comply with the +request of Sir Edward Mundy. + +As already stated Hawksyard was in Highe Frith, part of the manor of +Alstonefield, and a manor was an estate in fee simple in a tract of land +granted by the sovereign to a subject, usually a man of some consequence, +in consideration of certain services. + +He was the lord of the manor and he reserved for his own use such parts +of the land as he required, which were called the demesne lands; other +parts he granted out to his tenants, under varying conditions which +included estates of inheritance, estates for life, for years and at will; +the barren lands which remained in his hands were what was known as the +commons and wastes of the manor or the foreign lands. The whole formed a +manor or lordship which had its own courts and customs and enjoyed feudal +privileges, which extended not only to the lands held by tenants but also +to the commons and waste lands. + +When many manors, perhaps extending into several counties, were held by +one great baron or overlord they formed an honour which was held of the +king _in capite_; this was quite different in character to the manor. It +was a jurisdiction, vested in private hands, and not a territorial +possession; the lords of the manors retaining their separate manorial +organisation and rendering suit and service to their overlord. + +Manors also formed part of the earldom or shire; for some time after the +conquest an earl also had the title of count and from the counts the +shires took the name of counties. The title however soon disappeared in +England but we still retain countess, county and viscount. + +When a great earldom honour or manor fell by forfeiture or escheat into +the hands of the sovereign which constantly happened, it retained its +distinct corporate existence and the whole apparatus of jurisdiction or +tenure. Under its own title it either continued in the possession of the +sovereign or was granted out again as a hereditary fief. + +The manor of Alstonefield appears to have been included in different +earldoms and different honours at different dates, prior to the time when +it came into the hands of John of Gaunt and his first wifeaEuro(TM)s ancestors. + +At the taking of the Domesday survey in 1086, Alstonefield manor was held +as a knightaEuro(TM)s fee by Robert count of Shrewsbury with William de Malbanc +under him as lord of the manor. The Shrewsbury overlordship did not last +long and Alstonefield, which seems to have been much in request, possibly +owing to its grouse moor, was transferred to the honour of Chester under +Hugh Lupus; to whom William had, three years after the conquest, given +the earldom of Chester and William de Malbanc, of Wich Malbanc now +Nantwich, held the position of lord marcher under Lupus, so that the +lordship of Alstonefield formed part of the marchlands or boundaries of +the honour of Chester on the east, over which William de Malbanc would +have supreme control as lord of the marches. + +That part of the manor which lay between Leek and the river Dove, +including the site of Hawksyard, was chiefly forest and moorland; shortly +after the conquest and for many centuries after, it was known as Malbanc +Forest; but in 1220 the Malbanc barony devolved on three co-heiresses, +who held Alstonefield in co-parcenary. + +On the forfeiture of a third share by the eldest daughter, then countess +of Warwick, it came into the possession of Hugh le Despencer, though how +he got it is not clear, and this share included the tract of barren +moorland known as Highe Frith of Malbanc Forest. + +In 1297, on the death of Edmund earl of Lancaster, the KingaEuro(TM)s Escheator +held an inquisition at Tutbury for the county of Lancaster, to ascertain +what knightaEuro(TM)s fees were due to the earl; the jury found _inter alia_ that +Hugh le Despencer held one knightaEuro(TM)s fee in the manor of Altonesfelt +(Alstonefield) worth yearly in homages etc. AL10. "Nomina Villarum" 1316 +gives Hugh le Despencer and Nicholas de Audeleye as owners of +Alstonefield, a vill in the liberty of the earl of Lancaster, who had the +return of all writs. + +In 1322 the estates of le Despencer were forfeited to the crown and +subsequently bestowed by Edward III on Henry earl of Lancaster, +grandfather of Blanche the wife of John of Gaunt. + +It may be helpful here to recall how John of Gaunt was created duke of +Lancaster and became possessed of the Lancastrian estates, extending into +Cheshire, Staffordshire and other counties. + +The first earl of Lancaster was Edmund called Crouchback second son of +Henry III; in addition to his Lancastrian estates, his father bestowed on +him the earldoms of Derby, Leicester, Lincoln, Salisbury and Chester. + +These passed on his death in 1296 to his eldest son Thomas earl of +Lancaster, who was beheaded at Pontefract in 1322 when his estates were +forfeited to the crown.[A] His widow was allowed to retain the Salisbury +estate; and the other four earldoms were bestowed on his brother Henry +earl of Lancaster, to whom one third share of Alstonefield manor was also +given, so that he possessed not only the Lancastrian estates but also the +earldoms of Derby (including the honour of Tutbury), Leicester, Lincoln, +Chester and the territorial interest of a third of the manor of +Alstonefield, including Malbanc Forest; of which Highe Frith was waste of +the manor. + +Henry earl of Lancaster was succeeded by his son Henry, afterwards first +duke of Lancaster, who had no son; of his two daughters, Maud married +William of Bavaria and Blanche married John of Gaunt. Maud died without +issue, whereupon the whole of the Lancastrian estates devolved on +Blanche; and, in right of his wife, on her husband John of Gaunt, who was +in 1362 created duke of Lancaster. + +It will be remembered that the seal attached to the deed of gift of the +15th May 1399 bears a hunting horn; and in order to find some explanation +of this seal it may be necessary to glance for a moment at the history of +the honour of Tutbury, which as we have seen was included in the earldom +of Derby and passed to John of Gaunt with that earldom. + +[Illustration: =The Tutbury Horn=, from a photograph in the reference +library at Sheffield.] + +About the end of the 13th century, the important office of escheator and +coroner throughout the whole honour of Tutbury within the county of +Stafford, was claimed by Walter Agard who demanded to hold office by +right of inheritance; but he was unable to produce any written evidence +in support of his claim; and in lieu of charters or writings, he produced +a white hunting horn garnished with silver-gilt in the middle and at +both ends, to which was affixed a girdle of black silk adorned with +buckles of silver, on which was placed the _insignia_ of Edmund earl of +Lancaster; this horn was offered and accepted as the charter and evidence +of title to the office of escheator and coroner, to which he made claim. + +It is not necessary to follow the devolution of the Tutbury Horn from +Walter Agard; but in the 17th century, on the marriage of an heiress of +Agard, it passed to the Stanhopes, who sold it with its offices in 1753 +to Samuel Foxlow of Staveley Hall, from him it ultimately passed to Henry +Marwood Greaves of Banner Cross, Sheffield, and Ford Hall, Derbyshire, +who once only exercised the right of appointment; and on his death in +1859 his eldest son William Henry Greaves, who had assumed the surname of +Greaves-Bagshawe in 1853, succeeded to the horn by inheritance, and +appointed the next succeeding coroner. We shall have to consider whether +the pendent seal of the alleged deed of gift can in any way be accounted +for by the fact, that the honour of Tutbury was part of the duchy of +Lancaster prior to John of GauntaEuro(TM)s death. + +[Illustration: =Seals= of 24th October 1568.] + +Let us now turn to the other party to the deed of gift, Sir Edward Mundy. + +In BurkeaEuro's "Commoners of England" 1836, it is suggested that the Mundy +family derived its name from Mondaye Abbey in the dukedom of Normandy; +and it may be, that Sir Edward Mundy or his father fought with John of +Gaunt in the wars with France and Spain. + +It seems probable, from what we find in the earlier deed, that the duke +and Sir Edward were close personal friends; and it may possibly have been +through the influence of John of Gaunt, that Sir Edward Mundy or his +father settled near Derby. However that may be, we are told that Sir +Edward entertained the duke at Markeaton and returned with him to +Lancaster Castle. + +Vincent Mundy of Markeaton was a justice of the peace for the county of +Derby in 1558 and his son Edward died in 1607. + +Burke also tells us that "from old deeds in existence it appears that the +family held lands in the year 1399"; it may be and seems highly probable +that he was referring to the deed of gift and the grant above described, +to which he presumably had access and gave credence. + +On the other hand the two Lysons, in their work on Derbyshire, say that +the Mundys did not buy the Markeaton property until the beginning of the +sixteenth century. Perhaps at that date they added to their original +holding? + +We now have some idea of how matters stood in 1399 and 1568; we are +therefore in a better position to consider whether the deeds of Richard +II and Elizabeth can be relied on as giving the origin and early history +of the place-name Hawksyard. + +Assuming for the moment that the two deeds were prepared at the same time +and by the same hand, it is necessary to consider the position as it +presented itself to the attorney, who in 1568 was instructed to carry out +the sale of Hawksyard to John Weston. He possibly may have acted for both +vendor and purchaser and been anxious to do his best for both his +clients. He would, on receiving his instructions, ask the vendor for his +title deeds; the answer would presumably be that there were no such +deeds; but it was probably well known in the vendoraEuro(TM)s family and possibly +also to John Weston, that Hawksyard had been given to Sir Edward Mundy by +John of Gaunt shortly before his death, after enjoying a dayaEuro(TM)s hawking in +Highe Frith, the tradition of which would hang round The Moorlands for +centuries; perhaps letters or diaries would be produced with sufficient +detail to satisfy the purchaser of the truth of the tradition. + +The attorney would perhaps be in doubt, whether this traditional gift was +a grant of the fee simple or a mere sporting right over certain waste +lands belonging to the manor of Alstonefield, part of the duchy; which +right would be what is known as a right of common in gross. The vendors +were doubtless in actual possession and their ancestors had held it for +nearly two hundred years; under circumstances such as these the Courts of +Common Law, in the absence of the tradition, would have assumed a lost +grant, made prior to the reign of Richard I, which is supposed to be +equivalent to immemorial user; but the family tradition as to John of +Gaunt fixes the lost grant in the reign of Richard II, which would not +support a claim by immemorial user. Under these circumstances and in the +absence of any title deeds, the attorney seems to have taken upon himself +the responsibility of creating a root of title, based on the tradition +and possibly what he considered satisfactory recorded evidence; in doing +this he exercised neither artfulness nor skill. He hesitated whether to +make it an agreement or a grant, he neglected to use the 14th century +common form of such a document, he blundered sadly in the dates, and he +referred in the deed, which he dated in the reign of Richard II, to a +reign which had not then begun. There would be a difficulty as to the +witnesses, and it may be that those named were taken from some deed of +1399 to which he had access, notwithstanding the fact that these five +witnesses were not suitable or likely witnesses for the sealing by John +of Gaunt; there was also the difficulty of the seal, and as probably no +seal of John of Gaunt was available, a forest seal, perhaps of the honour +of Tutbury, was used; Alstonefield manor being within that honour, and +the deed of the 15th May 1399 was the result; which did well enough to +hand to the purchaser, as the root of title to Hawksyard, along with his +conveyance from Vincent Mundy and his son. Even if the parties to the +transaction knew of what was being done they would doubtless be well +pleased to have the John of Gaunt tradition put on record; and the +enterprising attorney would probably be thanked and well paid for his +trouble and resource. There does not appear to have been any fraudulent +intention to improperly acquire any land or other benefit, though such a +counterfeit in these days would be fraught with risk to all parties +concerned; but in the time of Elizabeth, the law of real property rested +less on statute and more on the unwritten law; which was interpreted and +applied loosely and without supervision.[B] The effect of this _ex post +facto_ apograph was twofold and benefited both sides. The vendors put on +permanent record their treasured family tradition and the purchaser got a +root of title, which might be of value to him in case of re-sale. It +would be interesting to know why the Mundys barred the entail and sold +Hawksyard, with its sporting tradition; it may have been that the +chancellor of the duchy had, at a then recent date, raised the question +as to whether the Mundy family originally had an estate in fee simple or +a right of common in gross; and that they as owners thought they would +act wisely in selling to a purchaser for value. + +Whatever the reason may have been for the sale of Hawksyard in 1568, it +passed by the deed of Elizabeth from the Mundy family to John Weston of +Mackworth, and is now held and enjoyed under prescriptive right, which +makes its past history of little consequence, so far as the present +owner, Mr Robert Shirley of Waterhouse Farm, near Longnor, is concerned. + +His numerous deeds and papers relating to Hawksyard include an abstract +of title beginning in the 14th year of Elizabeth (10th July 1572), when +John Weston and Katherine his wife sold Hawksyard to Ralph Bradbury who, +as appears from the grant to John Weston, was in 1568 the tenant of +Hawksyard; so that John Weston owned the property for less than four +years and then sold it to his tenant Ralph Bradbury, who in May 1573 +settled it on his younger son Otwell. + +Forty-two years later, on the 11th May 1615, Otwell Bradbury and Ralph +his son and heir sold Hawksyard to Henry Cock for AL400. For many years +the estate remained in the possession of the Cock family, who sold it to +Ralph Wood of Leek Abbey, the Cistercian monastery Dieu-la-Cresse, and on +the 5th April 1800 Hawksyard passed into the possession of John Shirley +of Rewlach, the great grandfather of the present owner. + +In 1850 some closes, part of Hawksyard, lying on the west side of the +road leading from Newtown to Warslow, were exchanged for adjacent closes, +part of the late Sir John Harpur CreweaEuro(TM)s estates. With this exception, +the Hawksyard estate seems to follow the boundaries set forth in the deed +of 1399, and HarrisonaEuro(TM)s Intake, Low Meadow, Rye Meadow, Kiln Croft and +Spout Field of that date still exist and appear in the description of the +lands in the 19th century title deeds. On the front of the house are two +dates, one above the other, the lower one is "H C 1620" and the upper one +is "H C 1784"; both these dates occur during the ownership of the Cock +family, and the initials "H C" probably indicate Henry Cock. + +Hawksyard of to-day is a substantial farmstead of eighty acres, with a +good house and farm buildings occupied by Mr ShirleyaEuro(TM)s son Edwin Leslie +Shirley; it is bounded on every side by lands of Sir Vauncey Harpur Crewe +of Calke Abbey and Warslow Hall, but it has never formed part of the +encircling Harpur estate, which we may assume was crown property; and the +grant to the Harpurs of these surrounding lands may have given rise to a +discussion as to the Hawksyard title, and possibly suggested to the +Mundys the desirability of the sale to Weston. If the surrounding lands +were granted by the crown, leaving Hawksyard an isolated and independent +holding, there seems to have been a recognition of the Mundy title and a +strong vindication of the Hawksyard tradition. + +Of the places referred to in the deeds, Boothesley (now spelt Boosley) +Grange still stands; Bank or Over Boothesley is now Bank House and the +"pearle of water" is Boosley Brook. Highe Frith and Malbanc Forest are +not on the ordnance map and are almost forgotten in the district; but +Lady Edge is still in daily use, and the existence to-day of these +medieval place-names seems to strengthen the probability of the story of +John of GauntaEuro(TM)s visit to the Highe Frith. + +If ramblers on foot and on wheels, when passing the east end of the +church and the adjoining school of Newtown, will stop for a moment to +glance down on Hawksyard, two fields to the east and up to Lady Edge half +a mile to the south-west; it will not be difficult to reconstruct the +scene of the hawking, when + + "Old John of Gaunt, time-honour'd Lancaster" + +visited Highe Frith of Malbanc Forest more than five centuries ago and +first gave the name Hawksyard. + +[Illustration: SHEFFIELD] + + +FOOTNOTES: + +[A] It may be of interest to mention, that in 1867 while ridging potatoes +in a field at Boosley Grange, known as Boosley Folly Meadow, a number of +silver medieval coins were found, which had presumably been lost or +hidden in the difficult times through which The Moorlands passed, during +the fierce struggle between Edward II and his cousin Thomas the great +earl of Lancaster; who in his headlong flight from Tutbury Castle up the +valley of the Dove lost a military chest containing over 100,000 similar +coins, English, Scotch and Flemish, in the river, which was found in +1831, embedded deep in the mud at the ford below the castle. + +[B] The reverend Joseph Hunter, in a Memoir on the ancient family of +Wilson of Broomhead Hall, Bradfield, published in _The Yorkshire +Archaeological and Topographical Journal_ volume v. calls attention to +what he describes as a surreptitious Bradfield deed, dated in the feast +of saint Martin in winter (11th November) 22 Richard II and anno domini +1399; whereas the feast of saint Martin 1399 was not in the reign of +Richard II but in the first year of Henry IV; he further points out that +even if the news of the accession of Henry had not reached the wilds of +Bradfield by the 11th November, the feast of saint Martin 1399 would have +fallen in the 23rd year of Richard II and not the 22nd, as stated in the +deed. + + + + +TRANSCRIBERSaEuro(TM) NOTES + +General: No attempt has been made to standardise spelling within the +charters; they are rendered as in the original text. + +Page 28: Hawsksyard corrected to Hawksyard after "In 1850 some closes, +part of" + + + + + +End of the Project Gutenberg EBook of Sheffield and its Environs 13th to the +17th century, by Thomas Walter Hall + +*** END OF THIS PROJECT GUTENBERG EBOOK SHEFFIELD AND ITS ENVIRONS *** + +***** This file should be named 37130.txt or 37130.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/7/1/3/37130/ + +Produced by Brownfox and the Online Distributed Proofreading +Team at http://www.pgdp.net (This file was produced from +images generously made available by The Internet Archive) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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