"This indenture made the fifth day of August in the
year of our lord god one thousand six hundred fifty and nine
Between Thomas Haigh the elder of Mapplewell in the parish of
Darton and County of York yeoman and Thomas Haigh the yonger
sonne and heire apparent of the said Thomas Haigh the elder of
the one party And George Beamont of Darton aforesaid in the said
County yeoman of the other party. Witnesseth that the said Thomas
Haigh the elder and Thomas Haigh the yonger for and in consideration
of the sume of foure and thirty pounds of good and lawfull money
of England to them the said Thomas Haigh the elder and Thomas
Haigh the yonger or to the one of them well and sufficiently
payd before the ensealing heteto wherewith the said Thomas Haigh
the elder and Thomas Haigh the yonger doe acknowledge themselves
fully satisfied and payd and thereof of every part and parcel
thereof doe hereby acquitt and discharge the said George Beamont
hath aliened given grannted bargained sould enfeoffed and confirmed
and by these presente doe fully and absolutely alien give grant
bargain sell enfeoffe and confirme unto the said George Beamont
his heires and assignes All that their fourth part of the tythes
of corn and graine wooll and lambe comeing growing renewing or
arifing within the towne fieldes closes and territories of Darton
and Mapplewell aforesaid or in eyther of them the other three
parts of the said tythes being the sole proper right and inheritance
of the said George Beamont and also the fourth part of all ablatons
abventons and mortuaries hereafter happening falling arising
and becoming due and payable from or for any person or persons
inhabiting or residing in Darton and Mapplewell aforesaid or
in eyther of them and all right members and appurtenances unto
the said tythes and premisses belonging or in any wise appertaining
now in the right and possession of the said Thomas Haigh the
elder and Thomas Haigh the yonger or the one of them or the one
of their Assignes or Assignis And the reverton and revertons
remainder and remainders of the same and of every part and parcell
of the same. To Have and to hould all the said fourth part of
tythes ablatons and premisses unto the said george Beamont his
heires and assignes for ever to the onely use and behoofe of
the said George Beamont his heires and assignes for ever. And
the sayd Thomas Haigh the elder and Thomas Haigh the yonger for
themselves their heires and assignes the said fourth part of
tythes ablatons and premisses with all their rights and appurtenances
to the use and behoofe aforesaid against them the said Thomas
Haigh and Thomas Haigh their heires and assignes and all other
persons whatsoever lawfully clayming by from or under them or
eyther of them shall and will warrant and for ever defend by
those present. And they doe also for themselves their heires
executors and administrators covenant promise and grant to and
with the said George Beamont his heires and assignes and with
every of them that the said George Beamont his heires and assignes
shall from henceforth by force and virtue of these present at
all times lawfully and peaceably have hold possesse receive and
enjoy all the said fourth part of tythes and premisses and take
and receive the fruits and profits thereof to his and their proper
use and behoofe without the lawfull .... trouble or interruption
of any person by from or under them or eyther of them or by from
or under any title act or settlement heretofore had and done
as suffered to be done by from or under them or eyther of them
or by or with their consent procurement or privity free and clear
and freely and clearly acquitted exonerated & discharged
and continually at all times hereafter saved harmlesse of and
from all manner of former gifts grannts sales mortgages statutes
leases judgements specutons entayles rents and of and from all
titles of dower andjointure present or to come and of and from
all titles troubles demands and encumbrances whatsoever. Provided
always and it is fully agreed by the parties unto these presente
that it shall and may be lawfull to and for the said Thomas Haigh
the elder and his assignes to continue have hold and keepe in
his or their possession the said part of the tythes ablatons
and premisses aforesaid. And to have excercise and enjoy the
benefit & profitte thereof during the life natural of him
the said Thomas Haigh the elder he the said Thomas Haigh the
elder yearely and every yeare during all the terme of his said
natural life faythfully and truely discharging & paying all
such rents or part of rents fees armes stypends synodalls pentons
provuratons leyes assessments and all other payments and charges
whatsoever wherewith the said fourth part of tythes ablatons
& premisses aforesaid is respectively charged or which hereafter
may become due and payable out of the same during the natural
life of the said Thomas Haigh the elder as is aforesaid. And
upon from and after the death and expiraton of the life natural
of the said Thomas Haigh the elder then forthwith and immediately
all the premisses aforesaid to come into the actuall possession
of the said George beamont his heires and assignes as being the
sole right interest and inheritance of him the said George Beamont
his heires and assignes according to the true intent and meaning
of these presente. Provided also and it is the true intent and
meaning of these presente. That is the said Thomas Haigh the
yonger his heires executors and administrators or any of them
doe or shall at or in the now dwelling house of the said George
Beamont situated in Darton aforesaid in or upon the one and twentieth
day of July next and immediately to come and be after the death
of the said Thomas Haigh the elder betweene the hours of ten
and three the same day sufficently repay or cause to be repayd
unto the said George Beamont his heires or assignes the sume
of seventeen pounds lawfull money of England being the one half
of the foresaid sume of foure and thirty pounds. And also do
or shall at or in the said dwelling house of the said George
Beamont the one and twentieth day of July hence next and immediately
following in like manner sufficiently repay or cause to be repaid
unto the said George beamont his heires or assigns the like sume
of seventeen pounds amounting in the whole to the foresaid sume
of foure and thirty pounds. And also doe or shall yearley &
every yeare during the life natural of the said Thomas Haigh
the elder pay or cause to be payd unto the said George Beamont
his heires or assignes in or upon the one and twentyth of July
in every such yeare respectively (beginning to account the first
yeare at the one and twentieth day of July last past before the
date of these present) the sume of forty shillings of like lawfull
money of England being the right and lawfull consideration yearely
due and payeable for the foresaid sume of foure and thirty pounds.
That then this present grannt conveyance lourgame and sale shall
be utterly voyd frustrate and of none effect any thing or matter
herein contained to the contrary in any wise notwithstanding.
And yf default be made in the payment of the foresaid sumes of
moneyes payable as aforesaid. And that it shall so fall out that
the said Thomas Haigh the yonger his heires or assignes shall
not redeeme the said fourth part of tythes oblatons and premisses
aforesaid at the dayes and times according to the power and part
of the foresaid clause and provide that them if the said George
Beamont his heires or assignes shall and will truely pay or cause
to be payd the full and inst sume of ninety five pounds of good
and lawfull money of England for and towardes and in full of
the absolute cleare and totall purchase of the said fourth part
of tythes ablatons and premisses aforesaid unto such persons
and in full forme and manner as hereafter followes and in these
presente is contained and expressed to pay forty eight pounds
being the one half of the aforesaid sume of ninety six pounds
unto the said Thomas Haigh the yonger his heires executors or
administrators abateing out of the said forty eight pounds soe
much or soe many of the said yearley sume or sumes of forty shillings
to be payd according to the true intent and power of the foresaid
clause and provide as the said Thomas Haigh the yonger his heires
executors and administrators shall or may be found upon account
not to have payd during the natural life of the said Thomas Haigh
the elder (in case default be made in payment or of any part
thereof) together with lawfull consideration for the same at
the end of six monthes next and immediately following the latter
of the said two dayes in the foresaid clause and proviso grannted
to him the said Thomas Haigh the yonger his heires executors
and administrators for the redemption of the tythes oblatons
and premisses aforesaid. And at the end of one whole yeare from
the said monthes next and immediateley following the like sume
of forty eight pounds in the whole amounting to the foresaid
sume of ninety six pounds, ten pounds of the said latter sume
of forty eight pounds unto Katherin
Robuck wife of Robert Robuck of Staincrosse in the said
county of York and daughter of the said Thomas Haigh the elder
if she be then living. And if she be then dead the said ten pounds
to be then payd and equally divided unto and amongst the yonger
children of the said Robert and
Katherin Robuck. And thirty pounds of the said latter
sume of forty eight pounds unto the said yonger children to be
also equally shared and divided amongst them. The eldest sonne
of the said Robert and Katherin
Robuck to have not part or share at all in eyther of the
said payments. And the remainder of the said latter sume of forty
eight pounds unto the said Thomas Haigh the yonger his heires
executors and administrators. All these said severall sumes faythfullydischarged
and payd by the said George Beamont his heires or assignes at
or in his said dwelling house in Darton aforesaid unto all the
said severall persons lawfully demanding their severall shares
and parts eyther by themselves or by others lawfully authorised
by and for the respectively according to the true intent of these
presente. Hee the said George Beamont his heires and assignes
shall by the intent of these presents for ever afterwards hold
keep and enjoy All the said fourth part of tythes ablatons and
premisses aforesaid absolutely and fully freed cleared and acquitted
from all conditions and clauses of redemption and tyes whatsoever
herein contayned. And from all claymes and demands whatsoever
to be made by the said Thomas Haigh the elder and Thomas Haigh
the yonger or eyther of them their heires or assignes. In Witnesse
whereof the partyes unto these presente have eyther to other
interchangably set their hands and seals the day and
"
Note: - the last line was not copied as it was under the folded
paper, but read something like 'date above written.'
The document was signed and sealed by both Thomas Haigh the
elder and Thomas Haigh the yonger but not by George Beamont.
In both cases the name Haigh was spelled "Hage". See
note below.
On the reverse is the following endosement: -
"It is to be remembered that before the sealing and
delivering of this presente it is agreed by and betweene the
parties unto these presente that Thomas Haigh the elder shall
or may have like liberty of and for redemption of the premisses
within written at the end of any year during his lifetime upon
a month warning aforehand that in the presente
within written is referred and grannted to and for Thomas Haigh
the yonger. And this in the presense of Lewes West Francis West
Bridget West Katherin West"
Notes regarding the spellings.
Throughout the original Indenture, obviously drafted by a
scholar, the name Haigh has been consistently spelled "Haigh".
The two Thomas Haigh's, signatures are both spelled "Hage".
In the contemporaneous Parish Registers for Darton, where Katherin
married Robert Robuck, the spelling was usually "Haige".
The name Katherine was sometimes spelled as Katherin or Catherine.
As few people could read or write the spellings would usually
have been at the discretion of the scribe.
To clarify matters and avoid confusion, in this draft I have
tried to be true to the spellings of the original document, but
when transferred to the database for consistency I have used
the spelling "Haige" for the person and for the local
village "Haigh" and "Catherine" for "Katherin".
Similarly the name Roebuck has been consistently spelled on
each occasion as Robuck. In the Darton Registers it was usually
spelled "Robucke" but when transferred to the database
for consistency I have used "Robuck".
Jeff. |