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+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: 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
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