Title Deed
DB111/6 Sale by lease & release, Lease 1 Sep 1681[1]
Transcription by Celia Renshaw
Cover: 1st Sep 1681. Geo: Rawbone & others to Jerem’h Smallridge – Lease for a year
Endorsed: Sealed and delivered by the within named George Rawbone and Martha his wife, in the p’sence of: Tho Chapman; Rich. Saunders.
Sealed and delivered by the within named John Kendall als Milles & Martha his wife in the p’sence of: Rich: Saunders; John Smalridge
Text: This Indenture made the first day of September in the three and thirtieth year of the raigne of our Soveraigne Lord Charles the second by the grace of god of England &c Annoq Dmi 1681 Betweene George Rawbone of Newport Pagnell in the County of Buks Carpender and Martha his wife and John Kendall otherwise Milles of Abberforth (Aberford) in the County of yorke Carpender and Martha his wife of the one parte And Jeremiah Smalridge of Newport Pagnell in the county of Bucks Maltster of the other part Witnesseth that the said George Rawbone and Martha his wife John Kendall otherwise Milles and Martha his wife, for and in consideration of the summe of Six pence unto them or one of them in hand paid and for other divers good causes and valuable considerations them hereunto moveing hath granted bargained and sold and by these p’sents doe grant bargaine & sell unto the said Jeremiah Smalridge his Executors,
Administrators and assignes All that Messuage or tenement with the appurtenances scituate upon the North bridge of Newport Pagnell aforesaid and now in the occupation of the said George Rawbone his undertenants or tenants togather with all houses edifices buildings backsides wayes easements Commons profitts and commoditys whatsoever with the same now or heretofore used occupied or enjoyed and alsoe the reversion and reversions remainder and remainders thereof and all his estate right title Interest claime and demand whatsoever of in and to the same and every parte To have and to hold the aforesaid messuage or tenement with the appurtenances and every parte thereof unto the said Jeremiah Smalridge his Executors, Administrators and assignes from the day next before the date hereof for and dureing and until the full end and terme of one wholle year from thence next ensueing and fully to be compleate and ended yeilding and paying therefore at the end of the said terme the rent of one peppercorne if lawfully demanded which p’sent Indenture or deed indented is soe made and granted to the intent that the said Jeremiah Smaldridge being by force thereof in the actual possession of the premises may be in a Capacity to take a grant & release of the reversion and Inheritance of the same premises to him and his heirs for ever. In witness whereof the ptys above named to these present Infentures interchangeably have sett their hands & seals the day and year first above written.
Signature box: The marke of ?Martha Rawbone; The marke of George Rawbone; with seals; The marks of John Milles; Martha M Mills, with seals.
DB111/7 Release 2 Sep 1681[2]
Cover: 2d Sept’r 1681. Geo: Rawbone & others to Jeremiah Smallridge – Release of a Messuage on North Bridge in Newport Pagnell in Co. Bucks.
Endorsed: the ?rapatt Charles / the old and new / ?-oyled of George Rabone and John Kendall
Sealed and delivered by the within named George Rawbone and Martha his wife in the p’sence of: Tho: Chapman; Rich Saunders
Sealed and delivered by the within named John Milles als Kendall and Martha his wife in the p’sence of: Rich: Saunders; John Smalridg
Text: This Indenture made the second day of September in the three and thirtieth year of the raigne of our Soveraigne Lord Charles the second by the grace of god of England &c Annoq dmi 1681 Betweene George Rawbone of Newport Pagnell in the County of Bucks carpender and Martha his wife and John Kendall otherwise Milles of Abberforth in the County of Yorke Carpender and Martha his wife of the one parte And Jeremiah Smalridge of Newport Pagnell aforesaid Maltster of the other pte Witnesseth that the said George Rawbone and Martha his wife, John Kendall otherwise Mills and Martha his wife for and in Consideration of the summe of Fourty pounds of good and lawful money of England unto them or some or one of them in hand well and truely paid by the said Jeremiah Smalridg the receipt whereof they doe hereby acknowledg and themselves therwith fully satisfied and thereof and of every parte thereof they doe hereby exonerate acquitt and discharge the said Jeremiah Smalridg his heires and assignes have released granted bargained sold and confirmed and by these p’sents doe release grant bargain and sell unto the said Jeremiah Smalridge and his heires In his actual possession being by vertue of one Deed in his actual possession being by vertue of one deed indented bearing date the day before the date hereof made between the said George Rawbone and Martha his wife John Kendall otherwise Milles and Martha his wife of the one parte And Jeremiah Smalridge of the other parte purporting the demise and grant of the messuage or tenement with the appurtenances herein after mentioned for the terme of one wholle year commenceing from the day next before the date of the said recited deed and of the statute made and ordained for the transferring uses into possession All that messuage or tenement with the appurtenances scituate upon the North bridge of Newport Pagnell aforesaid and now in the occupation of the said George Rawbone his under Tenante or Tenants togayther with all houses edifices buildings backsides wayes easements Commons proffitts and comoditys whatsoever with the same now or heretofore used occupied or enjoyed and alsoe the reversion and reversions remainder and remainders thereof and all their and either of their estate right title interest claime and demand whatsoever of in and to the same premises and alsoe all deeds and writeings concerning the same premises or any parte thereof To have and to hold the aforesaid messuage or tenement and premises with the appurtenances unto the said Jeremiah Smalridge his heires and assignes to the sole only proper use and behoofe of the said Jeremiah Smalridge his heires and assigns for ever And the said George Rawbone doth hereby for himselfe and his heires grant that he they and any of them the said messuage or tenement Closes and premises with the appurtenances unto the said Jeremiah his heires and assigns against him the said George Rawbone and his heires and all other psons whatsoever shall and will warrant and for ever deffend by these presents And the said George Rawbone doth hereby for himself and his heirs covenant promise and grant to and with the said Jeremiah Smalridge his heires and assignes in manner following (that is to say) that the said George Rawbone and Martha his wife John Kendall otherwise Milles and Martha his wife at the time of the ensealing and delivery of these presents are or one of them is and standeth lawfully and rightfully seized of and in the said messuage or tenement and premises with the appurtenances of a good sure p’fect and absolute estate of Inheritance in Fee simple without any manner of Condition use or uses to alter change or make void the same And alsoe have or one or some of them hath full power and lawfull authority to grant bargain and sell the same premises in manner as aforesaid. And alsoe that he the said Jeremiah Smalridge his heires and assigns shall and lawfully may from time to time and att all times hereafter peaceably and quietly have hold & enjoy the said messuage or tenement and premises with the appurtenances and every parte thereof with the appurtenances and any parte thereof ?wh—— the lawfull sett trouble or deniall of or by them the said George Rawbone and Martha his wife or any of them their or any of their heires or assignes or any other p’son or p’sons whatsoever freed and discharged of and from all former and other estates charges titles trobles and incumbrace whatsoever And moreover that the said George Rawbone and Martha his wife their heires and assignes and every of them and all other p’sons claimeing any Estate in the premises shall and will att all times hereafter at the requests and costs and charges of the said Jeremiah Smalridge his heires and assignes doe make acknowledg and execute or cause to be done made and executed all and every such further and other lawfull and resonable conveyance and assurance in the law whatsoever for the further better and more p’fect assureing sure makeing setteing and confirming of all the aforesaid premises with the appurtenances herein before granted unto the said Jeremiah Smalridge his heirs and assignes as by him them or any of them his their or any of their Counsell learned in the laws shall be resonably devised advised or required And the said John Kendall otherwise Milles doth hereby for himself and his heirs grant that he they and every of them the said messuage or tenement and premises with the appurtenances unto the said Jeremiah Smalridge his heires and assignes against him the said John Kendall and his heires and assignes shall and will warrant and for ever deffend by these presents And the said John Kendall otherwise Milles doth hereby for himself and his heires covenant promise and grant to and with the said Jeremiah Smalridge his heires and assignes in manner following (that is to say) that they the said John Kendall otherwise Milles and Martha his wife George Rawbone and Martha his wife att the time of the ensealing and delivery of these presents are or one of them is and standeth lawfully and rightfully seized of and in the said Messuage or tenement and premises with the appurtenances of a good sure p’fect and absolute estate of inheritance in Fee simple without any manner of Condition use or uses to alter change or make void the same And also that he the said Jeremiah Smalridge his heires and assignes shall and lawfully may to grant bargain and sell the same premises in manner as aforesaid And alsoe that he the said Jeremiah Smalridge his heires and assignes shall and lawfully may from time to time and at all times hereafter peacably and quietly (words lost in fold) with the appurtenances and every parte thereof without the lawfull let troble or denial of or by them the said John Kendall otherwise Milles and Martha his wife or any of them their or any of their heirs or assignes or any other person or persons (interlined: clayming under them or either of them) whatsoever freed and discharged of and from all former and other estates Charges titles troubles and incumbrances whatsoever And further that the said John Kendall otherwise Milles and Martha his wife their heirs and assignes and every of them and all other persons claimeing any estate in the premises herein before granted under them or either of them shall and will at all times hereafter at the requests and costs and charges of the said Jeremiah Smalridge his heirs and assignes doe make acknowledg and execute or cause to be done made and executed all and every such further and other lawfull and resonable conveyance and assureance in the law whatsoever for the further better and more perfect assureing sure makeing selleing and confirming of all the aforesaid premises with the appurtenances herein before granted unto the said Jeremiah Smalridge his heires and assignes as by him them or any of them his their or any of their counsell learned in the law shall be reasonably devised advised or required And Lastly it is agreed by and between the said partys that the said George Rawbone and Martha his wife John Kendall & Martha his wife togather with Ralph Hooton and others shall and will before the end of Easter terme next acknowledge a Fine of the premises amongst other lands and tenements to the said Jeremiah Smalridge & Mary Purman? (Harman?) widd which said Fine & all other Fine & Fines & further assureance shall be and ensure to the use of the said Jeremiah Smalridg his heirs & assignes In Witness whereof the partys above named [words lost under signature box] Indenture interchangeably have sett their hands & seals the day & year first above written.
Signature box: The marks and seals of George Rawbone & Martha Rawbone; the marks and seals of John Milles; Martha M Milles.
Analysis
This is a full set of documents with both the lease and release, which together form a single function. This type of deed could be used for many tasks, but primarily to transfer property ownership.[3] It provided landowners and buyers with a legally valid conveyance that avoided some fees and it gained popularity throughout the seventeenth century. The first part, the lease (dated 1 Sep 1681 on this conveyance), generally included a lease for a year, named the parties who were usually the purchaser and seller, had location details for the property, and typically a peppercorn rent, if demanded.
The second half of the conveyance is often longer, as the 2 Sep 1681 document is. It can, however, still be broken down into simpler parts, once the legalese is out of the way. Once again, the parties are named. The sellers were:
- John Kendall als Mills (John Jr. as we call him, who was residing in Aberford, Yorkshire by 1681),
- John Jr.’s wife, Martha (maiden name Rawlinson),
- John’s stepmother, also named Martha (unknown maiden name),
- and stepmother Martha’s third husband, George Rawbone.
The buyer was Jeremiah Smallridge whose surname was spelled various ways in the two documents.
Joint owners were often the result of a joint inheritance, but the parties selling this land were not joint heirs.[4] Martha Rawbone received the land on the North Bridge in Newport Pagnell for her pre-nuptial settlement in 1666 and as her widow’s dower as specified in her husband’s 1666 will. There is a question as to whether the properties were one in the same, mostly due to the 1670 Chancery case John Jr. brought. The case stated John Jr. had the right to ownership for two properties, but no records have ever been found describing both in detail. It’s possible the properties were connected or were two houses on the same plot, but in any case, Martha and her husband had claim to the property through her settlement and dower right as did John Jr., who was his father’s sole heir.
The 1666 deed of settlement added a layer of complexity and another name to the release.[5] The trust created for Martha prior to her marriage to John Sr. was in the hands of Robert Hooton. No others were named, but the release specified, “…Robert Hooton and others shall and will before the end of Easter terme next acknowledge a Fine…” This could be more legalese to ensure if there were any other trustees they were obligated to agree to the sale. The only trustee mentioned by name was Robert Hooton.
Because John’s stepmother, Martha Rawbone was still alive, she (and her husband George) had to be included and agreeable to John Jr. selling the property in advance of her death. John Jr.’s wife, Martha (Rawlinson), must also have also some legal right to it, most likely related to the dower rights of the time, which entitled her to be a party to the sale as well. It’s likely John Jr. had no other property to settle on Martha at the time of their marriage, except perhaps the decrepit place that was rented by Thomas Clarridge in 1670 if it was still in John’s possession.
The consideration for the sale was £40, a significant amount in the 1600s. While lease and release title deeds often stated the correct amount for the full payment, it was not a legal requirement for the amount changing hands to be listed in the deed.[6] Money could have been put down already, or an additional agreement might have been made. When using title deeds from the 1600s, which were generally kept by the lawyers who created them, we cannot assume we have all the paperwork related to every transaction. Papers get lost, some agreements may not be documented, and time can render words and entire pages unreadable.
The Ship
What Jeremiah Smallridge did with the property after it passed into his ownership is documented in One More For the Road, a book by Newport Pagnell historians, Dennis Maynard and Donald Hurst.[7] Jeremiah Smallridge used the property to run a public inn. He may have torn down buildings on the property and built new, or he many have expanded on what was in place. He and owners after him must have considered it a good location because a public house remained on the North Bridge, first named the Ship, then the Neptune, up until about 1810 when the Old North Bridge was replaced by the newer North Bridge. At that point, the business moved a short distance from where it had been to the same relative location on the newer bridge.
Other posts in this series:
1629/30 Robert Markes to Ralph Kendall als Mills
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
[1] Newport Pagnell, Buckinghamshire, original deed of lease & release DB 111/6 & 7, George & Martha Rawbone plus John & Martha Kendall als. Mills to Jeremiah Smallridge (1681); Aylesbury Buckinghamshire Record Office.
[2] Newport Pagnell, Buckinghamshire, original deed of lease & release DB 111/6 & 7, George & Martha Rawbone plus John & Martha Kendall als. Mills to Jeremiah Smallridge (1681).
[3] N. W. Alcock, Old Title Deeds (Chichester, Sussex: Phillimore & Co., LTD, 1986), 42.
[4] N. W. Alcock, Old Title Deeds, 42.
[5] Newport Pagnell, Buckinghamshire, original deed of settlement DB 111/3, John Kendall als Mills to wife, Martha, and Robert Hootton (1666); Aylesbury Buckinghamshire Record Office.
[6] N. W. Alcock, Old Title Deeds, 37.
[7] Dennis Maynard and Donald Hurst, One More for the Road (Newport Pagnell, Buckinghamshire, England: Newport Pagnell Historical Society, 1999), 99-101.
