This deed, technically a feoffment, was made between Robert Markes and Ralph Kendall als Mills on 16th of February 1629/30. It transfers ownership of property on or near the Newport Pagnell Old North Bridge for a sum of £5. See below for the transcription and analysis.
Title Deed
Transcription
DB111/1 (16 Feb 1629) Feoffment
Cover: Robt Markes to Ralph Kendall als Mills – Feoffm’t of a Piece of Ground adjoyning to North Bridge in Newport Pagnell. Date: 16th Feb’y 1629. Wits signatures: John Wareyn; Thome (his mark) ?Wryght; George (his mark) Rabone; George ?—- (?Hall?)
Endorsed: Sealed and delivered and peaceable possessed and seisen of the p’misses within mentoned to be b’gayned and solde had and executed by the within named Robt Markes unto the within named Raph Kendall his heires and assignes according to the tenor of this Indenture in the p’sence of those whose names are hereunder wrytten and the gmte? rent by consent is ——–ned unto two pence yerlie.
Text: This Indenture made the Sixtenth daye of Februarye Anno Dmi 1629 and in the Fyft yeare of the reigne of Our sovergne Lord Charles by the grace of god of England Scotland Fraunce and Ireland Kinge defender of the faythe &c Between Robert Markes of Newport Pagnell in the countye of Buck Blacksmythe of the one pte And Raph Kendall als Mylles of Sherington in the said countye of Buck Carpenter of the other pte Witnesseth that the said Robert Markes for and in consideration of the Somme of Fyve poundes of lawfull englishe money to him the said Robt Markes by the said Raph Kendall als Mylles before hande well and trewlie contented and payd wherof he the said Robt Markes acknowledgeth the receipt by thes presentes hath grannted alyened b’gayned solde infeoffed and confirmed and by thes presents doth fullie clearlie and absolutelie grannte alyene b’gayne sell infeoffe and confirme unto the said Raph Kendall als Mylles his heires and assignes for ever All tht peece or p’cell of grounde as the same is nowe fenced for the conteyninge fortye foote square or ther abouts be yt more or lesse scytuate lyinge and beinge in Newport Pagnell aforesaid nowe beinge in the tenure of the said Robt Markes nere the adioyninge unto the bridge in Newport Pagnell aforesaid ther called the northe bridge together with the fence on the northe and east pts thereof And the condition and conditions remaynder and remaynders of the said p’misses and of evrye pte and p’cell thereof And all the estate right tytle interest use possession clayme and demannde whatsoever of him the said Robert Markes of in and to the same and of in and to evrye pte and p’cell therof. To have and to holde the said peece or p’cell of grounnde afore by thes presentes mentioned to be b’gayned and solde and evrye pte and p’cell therof together with the fence and other appurtenances whatsoever thereunto belonginge, unto the said Raph Kendall als Mylles his heires and assignes to the onlye proper use and behoofe of him the said Raph Kendall als Mylles and of his heires and assignes for ever, To be houlden of the cheife Lord or Lords of the Fee or Fees therof by the service from henceforthe therfore to be deter? and of right accustomed And the said Robt Markes for him his heires executors and administrators and for evrye of them doth covennte promise and grannte to and with the said Raph Kendall als Mylles his heires and assignes and to and with everye of them by thes presents that the said peece or p’cell of grounnde with th’appurtenances afore by thes presentes mentioned to be b’gayned and solde and evrye pte and p’cell therof nowe in and at all tymes for and hereafter shalbe remayne and contynewe unto the said Raph Kendall als Mylles his heires and assignes clearlie acquited executed and discharged or otherwise sufficyentlie saved and kept harmelesse of and from all and all manner of former and other b’gaynes former and other false guifts grannts leases joyntures dowers statuts merchannte and of the Staple recognizances judgem’ts ?executions rents and accerags (accruals?) of rents interference? forfeitures and of and from all other chargs tytles tronbles and incumbrances whatsoever had made comytted suffered or done or to be had made comytted suffered or done by the said Robt Markes his heires or assignes or by John Thorpe of Newport Pagnell aforesaid Sadler his heires or assignes or of anye other p’son or p’sons whatsoever lawfullie clayminge by from or under them or eyther or anye of them, And that he the said Raph Kendall als Mylles his heires and assignes shall or maye from tyme to tyme at all tymes for and hereafter quietlye and peaceablye have holde and enjoye the said p’misses with their appurtenances afore by thes presentes mentioned to be b’gayned and solde and evrye pte and p’cell therof without the lawfull lett molestation vexation eviction or expulsion of the said Robt Markes and Ann his nowe wife or of the said John Thorpe, or eyther of them ther or eyther of their heires or assignes or of anye other p’son p’sons whatsoever lawfullye clayminge by from or under them or eyther or anye of their? ?—- cheife Lord or Lords of the Fee or Fees therof for their Serving from henceforthe therfore to be and onlye fore prised and excepted. And also the said Robt Markes ?for him his heires executors and administrators and for everye of them doth covenant promise and grannte to and with the said Raph Kendall als Mylles his heires and assignes unto and with everye of them by thes presents that he the said Robt Markes and Ann his wife and the heires of the said Robt for the further and more better assurannce securitye or suer makeinge of the afore mentioned b’gayned p’misses with their appurtenances unto the said Raph Kendall als Mylles and assignes to the only proper use and behoofe of the said Raph and of his heires and assignes, accordinge to the trewe intente and meaninge hereof shall and will at all and everye tyme and tymes fromm tyme to tyme duringe the ?time and space of Seaven yeares nowe next ensuenge the date hereof at the reasonable request costs and chargs in the lawe of the said Raph Kendall als Mylles his heires or assignes doe make acknowledge and suffer or cause to be do(n)e made acknowledged and executed all and everye such further and reasonable acte and acts thinge and things devise and devises in the lawe whatsoever as by the said Raph Kendall als Mylles his heires or assignes or by his or their Learned Connsell in the lawe shalbe reasonablye devised or ?—- and required. In witness wherof the p’tes to thes Indentures have interchanngeablye sett their hands and seales the daye and yeare first …… (under signature fold)
Signed and sealed: Robert (his mark) Markes
Analysis
This is a freehold title deed. That means Ralph came as close to complete ownership as the law allowed given the oversight of the chief lord or lords of the fee or fees, as mentioned in the title deed. Ralph was entitled to build on the land, use it as he desired, bequeath it or sell it.
This property was on the west side of the road going north from the town, close to the river and the Old North Bridge. Ralph was likely the one who erected a house on the land which he gifted in 1654 to his son, John.[1] The book, One More for the Road by historians Dennis Maynard and Donald Hurst,tells us the building eventually became an inn. Here is a quote from the book:
“This property was a private house erected between 1639 and 1654 which was sold in 1681 to Jeremiah Smallbridge, a maltster of Newport Pagnell [deed in hand].[2] Its conversion date is unknown, but it was first called The Ship, then the Neptune.[3]
Eventually the property passed to Joseph Redden, maltster. In December 1810 he sold the old Neptune public house, to Miss Charlotte Beaty for £520.[4] In 1814, after Miss Beaty also purchased the Old North Bridge, the old riverbed, and adjacent plots of land from the Bridge Trustees, the Neptune and the bridge it sat on were torn down and the land became part of Beaty’s garden, now called Brooklands. Charlotte Beaty was the last of the Scotch chapmen families to reside and die in Newport, and she was immensely wealthy. She endowed almshouses that still stand in the town. For info and an image of Brooklands, see: https://historicengland.org.uk/services-skills/education/educational-images/brooklands-high-street-newport-pagnell-6207
As for others named in the deed, George Rabone (one of the witnesses) is of interest since a man with that name married Martha, the widow of Ralph’s son John who died in 1666 during The Great Plague.[5]
John Thorpe is also mentioned, and he may have been a previous lease holder or tenant of the land. British History Online stated John Thorpe as the town’s elected bailiff in 1632.[6]
Robert Markes’ wife, Ann, was also named, possibly to forestall any claim she might make later, for instance if she became Robert’s widow or if a previous husband held a life interest in the land.
The specific analysis for this document is found in the post on Ralph Kendall als Mills which covers 1629-1659. Another post, Land of the Kendall als Mills, has images and a description of the land in Newport Pagnell.
Indentures and Freehold, in brief
In the 1600s, the word “indenture” appeared near the beginning of nearly every land transaction, as it does for Ralph Kendall als Mills’ land purchase. That holds true for England and colonial New England. In fact, the word “indenture” appeared on assorted legal documents. The use of “indenture” in land records goes back to Medieval times when deeds typically used an indented top edge as an authenticating measure.[7] This tradition of indenting passed down along with the idea that an indenture was a legal document, even after indenting was no longer needed to help with authentication. The definition of the word eventually implied a binding contract in which one agreed to work for another for a specific period, which is how we got the term indentured servant. The word still shows up in deeds, but it can also mean a sealed instrument or terms under which bonds or debentures may be issued.[8] It is an old, but well-used word!
Ralph Kendall als Mills’ land was a freehold. Things to keep in mind about freehold property is that the owner could lease his property to a tenant for a fixed period and that tenant in turn could sub-let the property for a shorter period, which resulted in three separate estates co-existing in the same property.[9] Deeds dealing with such a situation can get complicated. No documents were found showing the Kendall land was sub-let, though tenants are mentioned as the occupiers in some of the deeds, so the land was occasionally leased.
One other aspect of Medieval deeds that survived to the time of the Kendall documents is how the lower edge of the document was used. It could be signed and folded up to accommodate the seals of the parties involved.[10] The seals were generally made of beeswax and colored resin and were impressed with the signs of the parties involved, most often using a signet ring. The seal could be stuck directly to the folded deed (called an applied seal) or hung by a thin strip of parchment threaded through slits in the base (appended seal). The 1629/30 deed likely had an appended seal since there is a strip of parchment hanging from the bottom, but the seal itself was apparently lost over time.
Ralph held on to his land until 1654 when he turned it over to his older son who was still living in England. Had Thomas still been in England, most likely the land would have gone to him. Francis would be next in line, but with both older sons in New England, the logical choice for the next owner was the third son in the family, John.[11]
Other posts in this series:
Other posts in this series:
Land of the Kendall alias Mills Family
1654 Deed of Gift from Ralph Kendall alias Mills to his son, John
1666 Deed of Settlement from John Kendall als Mills to his betrothed, Martha Mitchell
1666 Will of John Kendall (alias Mills)
1670 Chancery Case: Kendall vs. Kendall
1673/74 John Jr. and the Old North Bridge Property
1681 Lease and Release to Jeremiah Smalridge
[1] Newport Pagnell, Buckinghamshire, original deed of gift DB 1111/2, Ralph Kendall als Mills to John Kendall als Mills (1654); Aylesbury Buckinghamshire Record Office.
[2] Maynard and Hurst, One More for the Road, 99.
[3] Dennis Maynard and Donald Hurst, One More for the Road (Newport Pagnell, Buckinghamshire, England: Newport Pagnell Historical Society, 1999), 99.
[4] Maynard and Hurst, One More for the Road, 100.
The deed of sale between Redden and Beaty was not copied or transcribed, but can be found at the Buckinghamshire Archives with reference number BRO DC 13/3/7.
[5] England, Buckinghamshire, Newport Pagnell, Parish Register for Newport Pagnell, 1558-1718, bur. John Kendall als. Miles, 1666, FHL microfilm 1042392, items 14-16; digitized images, Family Search (www.familysearch.org : accessed 13 April 2023).
[6] Victoria County History, William Page editor, A History of the County of Buckinghamshire Vol 4 (London, England, Victoria County Histories, 1927), Newport Pagnell p. 409-422 viewed at British History Online (www.british-history.ac.uk/vch/bucks/vol4/xxi : accessed 3 November 2023).
[7] Tim Wormleighton, Title Deeds for Family Historians (Bury, Lancashire: The Family History Partnership, 2012), 7.
[8] Steven H Gifis, Barron’s Dictionary of Legal Terms (New York, New York: Kaplan, Inc, 2016), 276.
[9] Tim Wormleighton, Title Deeds for Family Historians, 6.
[10] Tim Wormleighton, Title Deeds for Family Historians, 6-7.
[11] John was the third son who made it to adulthood. There is no way to be sure there weren’t any more sons, particularly before Thomas or between children, who did not survive to adulthood.
