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 1 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 W?ghtwysill 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 a.s.signs 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 W?ghtwysill 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 a.s.signs for ever, of the chief lord etc, by services etc; warranty of t.i.tle. =Witnesses=: Henry Ibotson, William Wodson (the tenant), John P.... =Vellum=: one skin 12 5, 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 a.s.signs for ever, one way for pa.s.sage 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 a.s.signs for ever; warranty of t.i.tle etc; and the said Christopher Willson in lieu and exchange of the above etc, granted etc unto the said John Ibotson his heirs and a.s.signs 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 a.s.signs for ever; warranty of t.i.tle etc. =Witnesses=: William Garlicke, William Odeson. =Vellum=: one skin 10 9, 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.
[Ill.u.s.tration: 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 n.o.bles, 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 8 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, coa.r.s.e 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.
[Ill.u.s.tration: _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 c.u.m in eum loc.u.m pase (?) publice p"venirent qui nuncupatur Lady Edge cujus defugabant (?) excitabant Gallos pal.u.s.t" 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 circ.u.n.t quo accipitres pred"am apprehendebant parte juxta mediam circuituo juxta convallem Orient" Decim" Die May" Ann" Dom" 1399 Quamobre"
Joh"es Gaunt ei dabat t.i.tulu" 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 Loc.u.m nuncup" Banke aut al" Over boothesley Etiam parte meridional" convallus ... et Fluvius currens erga Orient" juxta Fluviu" int" illu" Loc.u.mq" 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"
a.s.signabat 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 moorc.o.c.k [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 t.i.tle 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 pa.s.sed 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.
[Ill.u.s.tration: _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 a.s.signs 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 compa.s.s 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 compa.s.s 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 a.s.signs full and peaceable possession etc. The witnesses were John Walker, Thomas Mundye gent, Thomas Brunt, John Oakes yeoman and Thomas Mundy (_sic_);