Title Deed
DB111/2 8 Nov 1654 Deed of Gift. Ralph to John Kendall als Mills[1]
Transcription
Cover: 8th Nov’r 1654. Ralph Kendall als Mills to Jno Kendall als Mills – Deed of Gift of Messuage adjoyning to North Bridge in Newport Pagnell.
Witnesses’ signatures: Thomas (his mark) Williamson; Thomas Laughton; Godfrey Withers Sealed and delivered and quiet and peaceable possession and seisin of the Burges or Tenement and other the within
granted premises was had taken and delivered by the within
named Ralph Kendall otherwayes called Mills unto the
(wi)thin named John Kendall otherwaies called Mills in … [end of line or endorsement not visible?]
This Indenture made the eight day of November in the yeare of Our Lord God one thousand six hundred fifty four 1654 Beetweene Ralph Kendall otherwise caled Mills of Newport Pagnell in the County of Bucks Carpenter as well for the naturall love and affection which hee beareth to John Kendall otherwayes call’d Mills his sonne As Allso for and in Consideration of a competent somme of mony to him in hand paid by the saide John Kendall the receipt whereof the saide Ralph Kendall doth acknowledge by these presents hath given granted
aliened bargained sold infeofed released and Confirmed And by these presents doth give grant alien bargaine sell infeife release and Confirme Unto the said John Kendall his heires And Assigns All that his Messuage Cottage or Tenement with the appurtenances scituate and being in Newport Pagnell aforesaid wherein the said John Kendall now dwelleth the ground of Thomas Davies beeing towards the South and west pts thereof the River there towards the North and abuting uppon the high way there towards the East and allso all houses edifices buildings barnes stables out houses yards gardens Orchards backsides Commons profitts and commodityes therunto belonging And the reversion and reversions therof and all the estate right titell interest use possession Claime and demand whatsoever of him the said Ralph Kendall of into and out of the same premises and every pt thereof and all deeds Evidences writinges scripts and minniments in his custody concerning the same and all rents and advantages of Covenants referred uppon anyewise heretofore made of the same premises To have and to hold the saide Messuage Cottage or Tenement with the appurtenances and all and singular other the beefore granted or mentioned to bee granted premises unto the saide John Kendall his heires and Assigns to the Uses intents and purposes hereafter in and by these presents expressed and declared And to and for noe other use or purpose whatsoever That is to say To the use of the said Ralf Kendall for and during his naturall life and after the decease of the said Ralph Kendall then to the use and beehoofe of the saide John Kendall his heires and Assigns for ever to the intent that the said John Kendall his heires or Assigns shall pay or cause to bee paid to Mary Heatly one of the daughters of the said Ralph Kendall the somme of six pounds of lawfull mony of England within three yeares next after the day of the death of the said Ralph Kendall forty shillings by the year And twelve pence to Thomas Kendall one of the sonnes of the said Ralph Kemdall and twelve pence to Francis Kendall one other of the sonnes of the said Ralph when they or either of them (shall) demand (it) To bee holden of the Cheife Lord or Lords of the fee or fees of the same premises by the ?—————– [too faded to read] and of right accustomde And the saide Ralph Kendall and his heires All the saide Messuage Cottage or Tenement with the appurtenances unto the saide John Kendall his heires and Assigns for ever to the Uses aforesaide against him the saide Ralph Kendall and his heires doth shall and will firme? by (his) warrant and for ever defend by these presents In witnes whereof the parties above named to these present Indentures have interchangeably sett their hands and seales the day and year first above written /
Signature block: Ralph (the marke of) R Kendall (and his red seal)
Analysis
This is a deed of gift. Unlike the 1629/30 purchase of this land by Ralph from Robert Markes, this deed turns the land over to John for the natural love and affection which Ralph bears his son and for a “competent sum of money.”[2] There is no way to determine how much money changed hands. It could have been close to the value of the land, but it was likely a small amount given the reference to natural love and affection.
Deed of Gift
The booklet Title Deeds for Family Historians states a deed of gift was created as a reminder or proof that the livery of seisin (literally delivery of possession) ceremony had already taken place.[3] The document provided an additional element of security for the transaction. Consequently, deeds of gift were written in the past tense, the land transfer having already happened.
The property is described in the 1654 deed as: “the ground of Thomas Davies beeing towards the South and west pts thereof the River there towards the North and abuting uppon the high way there towards the East.”[4] Although Thomas Davies was not named in Ralph’s 1629/30 deed, and may not have been the owner of the land to the south in 1630, it’s clear from the rest of the description that the property sits on or near the river on the southwest corner of the Old North Bridge, so we can be certain it is the land Ralph purchased over twenty years before.
As usual, the language of the deed covered anything that may have been on the property, which does not mean it had multiple buildings, barns, stables, orchards and more. That was simply the legal language to cover whatever might be on the land. One thing we can know with certainty is that the land held a messuage, cottage, or tenement and that John was already living in that building on the property.[5] That is stated clearly in the deed. A messuage is simply a dwelling with associated outbuildings, a cottage is typically a small, one-family dwelling of one or two stories, and a tenement in this time referenced land or a building that had an owner. In this deed, they are three words for the same thing.
Strings attached
The deed has a couple stipulations. One is that John is to give his married sister, Mary Heatly, six pounds within three years after the death of their father, Ralph. (It’s from this document that we learn the man Ralph named as his son in his 1657 will, Thomas Heatley, is his son-in-law.[6]) Another stipulation is that John is to pay his brothers Thomas and Francis twelve pence each should they demand it. The phrasing of the stipulation implies Thomas and Francis are not living nearby, and are therefore less likely to collect their money. This also negates any claim one or both might have on the land, since they are named as receiving some recompence as a result of the transfer.
The responsibility to the “Cheife Lord or Lords of the fee or fees” is repeated from Ralph’s 1629/30 deed, transferring the responsibility of fealty to the local lord to John. One other item to note is that Ralph Kendall made his mark, rather than signing his name. There is nothing unusual about this as many adult men in this time were not literate. It obviously did not stop Ralph from pursuing his profession as a carpenter, nor did it prevent him from being a landowner.
As was typical of deeds in this time, a wax seal was affixed at the bottom. The 1654 deed has this one:
Coming from the Medieval tradition, seals were affixed to legal documents, either directly on the parchment or to a strip of parchment or cloth attached to the bottom. They were another layer of security or proof the individual selling the property agreed to it.[7] Seals could also take the place of signatures for those who were not literate.
If Francis and Thomas were in New England as we believe they were, it makes sense for Ralph to transfer his property to his elder son still living in England. In the implied absence of Thomas and Francis, John was the logical heir. As seen in a 1666 deed of settlement, the next thing that happened to the property was John placing it into a trust for his second wife, the widowed Martha Mitchell.
Other posts in this series:
1629/30 Robert Markes to Ralph Kendall als Mills
Land of the Kendall alias Mills Family
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 111/2, Ralph Kendall als Mills to John Kendall als Mills (1654); Aylesbury Buckinghamshire Record Office.
[2] Newport Pagnell, Buckinghamshire, original deed of gift DB 1111/2, Ralph Kendall als Mills to John Kendall als Mills (1654); Aylesbury Buckinghamshire Record Office.
[3] Tim Wormleighton, Title Deeds for Family Historians (Bury, Lancashire: The Family History Partnership, 2012), 8-9.
[4] Original deed of gift DB 111/2, Ralph Kendall als Mills to John Kendall als Mills (1654).
[5] Original deed of gift DB 111/2, Ralph Kendall als Mills to John Kendall als Mills (1654).
[6] “Wills” database, Buckinghamshire Council Archives (https://shop.buckscc.gov.uk : accessed 25 April 2023), pdf of Rafe Kendall als. Miles, 1661.
[7] Tim Wormleighton, Title Deeds for Family Historians, 7-8.
