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Indenture concerning
Wood etc. in Ravenstonedale AD 1592
(pages 16 to 25
inclusive)
All words & figures
in brackets were added by the transcriber R.J. Adamthwaite. Dover.
This Indenture,
made the seven & twentieth day of August, in the four & thirtieth year
of the Reign of our Sovereign Lady Elizabeth by the Grace of God, Queen
of England, France & Ireland, Defender of the Faith Etc. Between the
right honourable Philip Lord Wharton of the one Party, and Anthony
Pindar, William Cooke, George Green, John Taylor, William Adamthwaite,
Richard Wilson, Robert Fothergill, John Fothergill, Hugh Shaw, Ralph
Milner, William Chamberlaine, Reynold Todd, Roger Fawcett, James
Fawcett, William Hunter, Robt. Hunter, Edward Hunter, Reynold
Fothergill, William Shaw, George Fothergill, Willm. Fothergill, Michael
Shaw, Christopher Rogerson, Lancelot Shaw, Lancelot Peacock, Cuthbert
Fothergill, Reynold Fothergill, Richard Wharton, Miles Peacock, Oliver
Peacock, Ralph Shaw, Lancelot Green, Thomas Green, Henry Garthwaite,
Matthais Peacock, Richard Peacock, Jenkin Bell, Robert Green, Henry
Handley, Anthony Fawcett, Reynold Fawcett, George Green, John Greene,
John Handley, John Birkhead, Stephen Dent, William Rogerson, Christopher
Hall, Giles Hall, Reynold Green, Stephen Fawcett, Jenkin Fawcett,
Lancelot Fawcett, Roland Dent, Robert Walker, William Fawcett, John
Fawcett, James Fawcett, Thomas Fawcett, George Fawcett, Christopher
Fawcett, Adam Fawcett, Anthony (page 17) Wharton, Ralph
Alderson, Michael Chamberlain, Anthony Pearson, James Fawcett, Robert
Cowper, Leonard Hartley, Richard Goldington, John Parsons, Miles
Fothergill, Thomas Adamthwaite, Henry Fothergill, John
Adamthwaite the older, Henry Adamthwaite, John Adamthwaite the younger,
Anthony Fothergill, John Fothergill, Stephen Fothergill, George
Fothergill, Gilbert Blirthorne, Anthony Swinbanke, Christopher Parkin,
Thomas Smass, William Green, John Fothergill, Robert Wharton, , Thos.
Fawcett, William Hollande, Stephen Swinbanke, Henry Swinbanke, John
Todd, John Parkin, Stephen Fawcett, Giles Parkin, Symon Fawcett, Miles
Holme, Anne Heblethwaite, Reynold Green, Reynold Swinbank,
Christopher Adamthwaite, Thomas Shaw, Roger Balie, Thomas Fawcett,
Reynold Fothergill, Henry Nicholson, Reynold Todd, Robert Shaw, Thomas
Richardson, Rich. Fawcett, William Greene, William Heblethwaite,
Lancelot Taylor, Anthony Taylor, William Greene, Jenkin Green, Henry
Fawcett, Thomas Fawcett, Roger Wharton, Richard Busfield, Robert
Handley, Richard Bell, Richard Todd, Christopher Todd, George Dent, John
Fawcett, Symon Busfield, Roger Fothergill, John Ewbank, Vincent Dent,
Roland Bell, William Pearer, Miles Busfield, Steven Busfield, John Ward,
Thomas Pearer, John Green, Hugh Shaw, Arthur Fawcett, John Fawcett,
Vincent Howson, Robert Wilkinson, William Holme, Hugh Hastwittle,
Christopher Peacock, Steven Fothergill, Thomas Moorthwaite, Nicholas
Fothergill, Richard Fothergill, Henrie Fothergill, George Heblethwaite,
Lance Colshaw, Henry Robinson, Steven Robinson,
(page 18)Lancelot
Moorthwaite, Vincent Moorthwaite, John Cautley, John Bovell, Mathew
Moorthwaite, Richd. Moorthwaite, William Robinson, Janett Robinson,
Cuthbert Robinson, John Robinson, Bartholomew Bovell, Richard Bovell,
Oswald Robinson, Thomas Fothergill the Elder, Thomas Fothergill the
Younger, Roger Pindar, Richard Pinder, Sybill Pinder, Thos. Waller &
Oliver Whitehead of Ravenstonedale, in the County of Westmorland,
customary Tenants & Occupiers of the Manor of Ravenstonedale, & of the
Lands and Tenements within the Parish of Ravenstonedale aforesaid, of
the other Parties.
WITNESSETH, that
whereas certaine Doubts & Questions have bene moved & stirred between
the
said Philipp Lord
Wharton & the said Anthony Pindar & the other Persons beforenamed,
Tenants of the said Manor, Lands & Tenements, for & concerning as well
all & singular Woods & Underwoods, growing in & upon the said Lands &
Tenements, in the Tenures & Occupations of the said Anthony Pindar & the
other Persons beforenamed & of their assignes, as also for the finding &
taking of sufficient & necessarie Woods & Housebole for the Reedifying,
Repairing & maintaining of all & singular the Messuages, Cottages,
Barnes, Stables, Houses & Buildings of the said several Persons &
Tenants abovenamed in these presents, situate, standing, builded & being
in & upon the said Lands & Tenements, or to be situate & builded
thereupon; & daily Destruction was made in the said Woods & Underwoods &
much Trouble did come, grow & arise as well to the said Philippe, Lord
Wharton, & to his (Page 19) officers & Servants, as also to the
said Tenants for & concerning the said Woods, Underwoods, Tymber &
Housebole, For perfect Explanation & final determination whereof & for
perpetual Quietness thereof & preservation of the said Woods &
Underwoods it is fully, clearly & absolutely, declared, concluded &
agreed by & between the said Parties in these Presents, & every of the
said Parties Doth, by these presents for himself, his Heires & Assigns,
clearly & absolutely declare, conclude & agree in Manner & Form
following,
IMPRIMIS,it is first
declared, concluded & agreed, that it always hath bene & is accustomed,
that all &
Singular the Woods &
Underwoods, which now are or heretofore have been growing in & upon all
& singular the said Landes & Tenements in the several Tenures or
Occupations of the said Tenants or their Assignes of what Name, Nature,
Quantity or Quality so ever the same Woods or Underwoods now are or
heretofore have been, have belonged & appertayned & of right do & ought
to belong & appertayned to the said several Tenants & their Heires &
Assignes, as Part, Parcell & Member of their customarie Lands; and to be
used, reputed & taken of the same Nature & as Part, Parcell & Member of
the same customarie Lands & Tenements, & not otherwise; That is to say,
for more plain & particular Declaration of the same Customers, that all
& singular Woods & Underwoods growing in & upon every several customarie
Lands & Tenements aforesaid, by the same custom do belong & appertayn,
and which hereafter shall grow (Page 20) in and upon the
Premises, should & ought to belong & appertayne only to the particular
customarie Tenant thereof & his Heires & Assignes & not to the Lord of
the said Manor, or to any other Tenant of the said Manor, or to any
other Person or Persons whatsoever, and that every several customarie
Tenant of the said Manor & his Heires & assignes have had, & of right &
by the said custome ought to have, hold, occupie, possesse, cutt down,
take & convert to his & their only & proper use and uses, all & singular
the said Woods & Underwoods growing & which at any Time hereafter shall
grow, in & upon the several Tenements of the same several Tenants, &
that neither the Lord of the said Manor, or any other Tenant or Tenants
of the same Manor or his or their assigne or assignes ought to have,
take cut down, carry away or intermedle with the said Woods or
Underwoods now growing or which shall grow in & upon every such several
Tenementes, any usage heretofore by consent of the Lord & said Tenants
of the Premises to the contrary thereof in any wise notwithstanding.
AND that the said
Philippe Lord Wharton, his Heires & assignes ought to have & receive of
every one of the said customarie Tenants the persons beforehand, His
Heires & assignes, yearly one Penny (about £12 today) of lawful
English money for Greenhew & no more, in Consideration of the said Woods
& Underwoods. And the said Philippe Lord Wharton, as well in
Consideration of the sum of Fourscore Pounds (about £10,000) of
Lawful English Money, To him well & truly paid by the said Anthony (page21)
Pindar & the other Persons beforenamed of which Sum he acknowledgeth
himself fully contented, & therefore clearly acquiteth & dischargeth the
said Andthony Pinder & the other Persons aforenamed & every of them, as
also for the aqccomplishment of the honorable order, good liking &
agreement of the right Honorable Lady Frances, late Wife of the said
Philippe Lord Wharton, towards the said Tenants in their behalfe, for
himself, his Heires & assignes, doth approve, allow, ratifie & confirm
the said custome & usage of the said Woods & Underwood, in manner & Form
before declared, forever by these Presents.
AND the said
Philippe Lord Wharton for the aforesaid consideration hath given, grated
& confirmed, & by these presents doth clearly & absolutely give, grant &
confirme to the said Anthony Pinder & to all & singular the other
Persons afornamed Tenants aforesaid, their Heirs and assignes, All his
whole Right, Title, Interest & Estate of, in & to all & singular the
said Woods & Underwoods to the said Anthony Pinder & all & singular the
said Persons abovenamed, Tenants aforesaid their Heirs & assignes
according to the said Custome of the said Manor & as Parcell of their
said customarie Lands & not otherwise, every of the said Persons
aforenamed Tenants aforesaid, his Heires & Assignes yielding & paying,
yearly for all & singular the said Woods & Underwoods, to the said
Philippe Lord Wharton, his Heires & Assignes, only on Penny of Lawful
English Money for Greenhew, (Page 22) and the said Philipp lord
Wharton for himselfe, his Heires, Executors & Adminstrators doth by
these presents convenant, promise & grant, to & with the said Anthony
Pinder & the said other Persons aforenamed Tenants aforesaid, & to &
with every of them & to & with the Heires, Executors, Administrators &
assignes of every of them, that every one of the said Persons aforenamed
Partie to these presents and Tenants aforesaid & the Heires & Assignes
of the same Tenants shall or may at all Times hereafter, & from Time to
Time quietly have hold, occupie, cut down, take & convert to his & their
only & proper use & behoofe at his and their Freewill & Pleasures, all
and singular Woodes & Underwoodes now growing, or which may at any Time
hereafter, which shall grow in & up on the several Lands & Tenements in
the Tenure or Occupation of the same several Tenant, his Heires &
Assignes, according to the said custom before declared in these Presents
& according to the true Intent & Meaning of these Presents, withoute
Trouble, Vexation & hindrance of the said Philippe Lord Wharton, his
Heires & assingnes and all & every other Person & Persons claiming by
his assente, Meanes & procurement.
AND the said Anthony
Pinder & all & singular afforenamed Persons Tenants aforesaid for them,
their Heires & assignes do by these presents disclaime to have or
pretend to have any Timber or Housebole now or hereafter of the said
Philippe Lord Wharton, his Heires or Assignes to be bestowed in or upon
their said several Tenements. And the said several Tenants & every of
them for themselves, & every (page 23) of them & the Heires &
Assignes of every of them, Do, by these Presents, convenant, grant,
promise & agree to & with the said Philippe Lord Wharton, his Heires and
Assignes, one penny of Lalwful English Money for Hreenhew of the said
Woodes, & the same Tenant, his Heires & Assignes, shall not at any Time
hereafter demand or pretend to have any Timber or housebole to be
bestowed in or upon the Premises Other than the said Woods & Underwoods
now growing or which shall grow in & upon the same premises.
AND it is further
declared, covenanted, granted & ageed by & between the said tenants, and
every of themfor themselves, their Heires & Assignes, & everyone of the
said tenants for himself, his Heires , Executors, & Administrators, doth
by thes Presents covenant, promise, grant & agree to & with the said
Philippe Lord Wharton, his Heires & Assignes, & to & with all and every
other of the said Tenants & his & their Heires & Assignes, that he, his
Heires or Assignes, shall not at any Time hereafter take, carry away or
cut down any of the said Woods or Underwoods growing or which shall grow
on or upon any Parte or Parcell of the said customarie Lands &
Tenenments, in the Tenure or Occupation of any other of the aforesaid
Tenants, his Heires or Assignes. And that all & every Person & Persons
aforenamed & his & their Heires & Assignes whichat any time hereafter
shall enter into any other of the said (page 24) customary Lands
& Tenements & cut down there any Woodes & Underwoodes, without consente
first obtained or the owner of the said Lands & Tenements, Woodes &
Underwooodes, shall forfeit for every such Fact & Offence, as well the
sum of three Shillings & four Pence (£480 ) of Lawful English Money, to
be paid to the said Philippe Lord Wharton, lhis Heires or Assignes, an
also other three Shillings & four Pence, in the Name of a Payn to the
owner of the same Woodes & Underwoodes which shall be so wrongfully cut
down, to be recovered by the Partie grieved Tennant of the said Manor,
by Auction within the Court of the said Manor, over & besides Damage to
be likewise recovered for the Value of the same Woodes & Underwoodes to
be cut downe & that it shall & maybe lawful to & for the said Philippe
Lord Wharton, his Heires, Officers & Assignes upon any Presentment (by
any Jury within the said Manor) of such offence & Trespass in any of the
said Woodes & Underwoodes & upon every Default of present Payment of the
said Forfayture or Forfaytures according to the Limitation & Meaning of
these Presents to enter into the customarie Lands & Tenements of such
Offenders, and there to distraine for & Levee such Sum & Sums of Money
as shall be so forfayted & the Distress & Distresses there taken to
lead, drive, carry away, apprise & sell to satisfie the said Philippe
Lord Wharton, his Heirs & Assignes & every Partie grieved, for such
Forfaytures according to the Custom & Usage for leving of Debts,
recorded within the said Manor.
Lastly,
it is promised, (page 25) concluded & agreed by & between the
said Parties, & every of the said Tenants for himself, his Heires &
Assignes, Philippe Lord Wharton, his Heires & Assignes, & to & with all
& every other of the said Tenants, his heires & assignes, that he, his
Heires or Assignes, shall not, at any time hereafter without Licesnse
first obtained of the said Philippe Lord Wharton, his Heires or Assignes,
sell, aliene, give or bestow or willingly or wittingly permit or suffer
any Parte of the said Woodes & Underwoodes now growing or which shall
grow in or upon his or their Tenements, to be carried forth of the said
Manor or Parish of Ravensntonedale, upon the paine to forfeit for every
;such selling, aliening, giving, bestowing or Suffrance to the said
Philippe Lord Wharton, his Heires & Assignes, the sum of twentie
Shillings (£127) of lawful English Money, to be levied as
aforesaid
In Witness
whereof the Parties abovesaid to these Indentures interchangeably have
put their Seales the Day & Year first abovewritten.
1592
Finis.
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