Hodson’s Yard: 1803 parchment conveyance

Summary:

Hodson's Yard: 1803 parchment conveyance
Hodson’s Yard: 1803 parchment conveyance
  • Indenture of Conveyance; 24th & 27th April 1803
  • John Corner (owner of neighbouring land which was previously owned by John Gadsby) takes ownership of property and land owned by Hugh Parlby (deceased). He is described as a ‘labourer’ and pays £14.
  • The conveyance is witnessed by Stephen Mann and Paul Hardy – both farmers of Hickling.
  • The conveyance follows the death of Hugh Parlby (elder) – described as a farmer and possibly also as a baker. He died intestate and his son, also Hugh Parlby, is his eldest (and only) son and heir.
  • Hugh Parlby (younger) is described as a vittaller of the [Hut], Newstead in Nottinghamshire.
  • Margaret Bower; she is also ‘of the [Hut] Tavern, Newstead’ and is described as the widow of George Bower (dec’d) and the widow of Hugh Parlby (elder).
  • Thomas Milne is named as a witness and is described as a farmer of Hickling.
  • Hugh Parlby (junior) acts as attorney on behalf of Margaret Bower/Parlby.
  • The sale takes place with the, ‘with the approbation and consent of the said Margaret Bower’.
  • A further 5 shillings is paid by John Corner and Thomas Milnes. (Tenancy?) rights are also assigned to Thomas Milnes and his heirs as well as to John Corner and his heirs.
  • There is reference to a Fold Yard (relates to either cattle or sheep) in shared use; this was shared between adjoining properties – (1) owned by High Parlby and tenanted by Richard Dixon but untenanted at the time of the conveyance (2) previously owned by George Burbidge of Gadsby and owned and occupied by John Corner at the time of the conveyance.
  • It appears that Thomas Milnes takes up tenancy of the first property (1) and John Corner retains occupancy of (2) and acquires ownership of both.
  • Frequent use of language relating to feudal rights; this concept is becoming rarer at this time and is largely out of use by the 1840s. In this instance, these rights seem to be being closed off.

Side one:

  1. 27th April 1803
  2. Mr Hugh Parlby and another ~
  3. To
  4. Mr John Corner and his trustees
  5. Conveyance by feoffment*
  6. of a messuage and premises in ~ ~
  7. Hickling in the County of Nottingham –
  8. Memorandum that on the day of the date of within written indenture the within named Hugh Parlby the party in his own proper person and the within named Margaret Bower by the said Hugh Parlby her attorney and in her name entered upon and took full possession and seizin* of the within granted and enfeoffed* messuage and hereditaments and such possession and seizin did immediately afterwards give and deliver unto the within named John Corner to hold to him the said John Corner his heirs and assigns to the uses within expressed and according to the true intent and meaning of the within written indenture in the presence of
  9. Stephen Mann
  10. Paul Hardy
  11. Both of Hickling farmers
  12. Received on the day of the date of the within written indenture from the within named John Corner the sum of fourteen pounds being the full consideration money within mentioned to be paid by him to the ~ ~ ~
  13. Hugh Parlby
  14. Witness [William Hise …]
  15. £14
  16. Sealed and delivered (being first duly stamped) by the within named Hugh Parlby the party and Margaret Parlby
  17. In the presence of [William Hise …] Attorney Nottingham
  • ‘feoffment’: ‘the feudal mode of transferring estates of freehold in possession’ (out of use by the 1840s) also ‘seizin’: ‘the feudal possession of a freehold estate in land’ also ‘aliene’: ‘to transfer property to another’ also ‘attorn’: ‘to turn over feudal rights in law’ (Mozley & Whiteley’s Law Dictionary).

Side two:

  1. This indenture of four parts
  2. made the twenty fourth day of April in the year of our lord one thousand eight hundred and three
  3. between Hugh Parlby of the [Hut] Tavern in the parish of [Newstead] in the county of Nottingham
  4. vittaller, eldest son and heir at law of Hugh Parlby heretofore of Hickling in the said county of Nottingham ffarmer who died intestate and
  5. which last named Hugh Parlby was the only son and heir at law of Hugh Parlby heretofore also of Hickling aforesaid [baker] ~
  6. deceased of the first part Margaret Bower of the [Hut] Tavern aforesaid widow of George Bower deceased and also widow of the
  7. said Hugh Parlby father of the said Hugh Parlby party hereto of the [second] part John Corner of Hickling aforesaid ~ ~
  8. labourer of the third part and Thomas Milnes of Hickling aforesaid farmer of the fourth part witnesseth that in consideration of fourteen pounds of lawful English ~
  9. money to the said Hugh Parlby [hereto] with the approbation and consent of the said Margaret Bower paid by the said John Corner at or before the sealing and delivery ~
  10. of those present being in full for the absolute purchase of the ffee simple and inheritance free from incumbrances of and in the messuage and hereditaments hereby conveyed the ~
  11. payment and receipt of which said sum of fourteen pounds he the said Hugh Parlby party hereto both hereby acknowledge and of and from the same and every part ~ ~
  12. thereof doth release and discharge the said John Corner his heirs executors administrators and assigns and every of them for ever by these present and also in consideration
  13. of five shillings a piece of like money to the said Hugh Parley party hereto and Margaret Bower paid by the said John Corner and Thomas Milnes at or before the executing
  14. hereof the several receipts whereof are hereby respectively acknowledged they the said Hugh Parlby party hereof and Margaret Bower have and each of them hath granted
  15. enfeoffed* aliened* released and conveyed and by these present do and each of them doth grant enfeoff* aliene* release and convey unto the said John Corner his heirs and ~ ~
  16. assigns all that messuage or tenement with the garden and appurtanances thereto belonging and adjoining situate and being in Hickling aforesaid heretofore in the possession ~
  17. or occupation of the said Hugh Parlby [baker] [deceased] and lately in the possession or occupation of one Richard Dixon but now untenanted and also all that moiety or half
  18. part of a certain large ffold yard adjoining to the said messuage which ffold yard belongs jointly to the owners of the said messuage hereby conveyed and the owners of another
  19. messuage thereto adjoining formerly the property of George Burbidge of Gadsby in the County of Leicester […] but now the property and in the possession of the said John ~
  20. Corner and which ffold yard hath been usually enjoyed by the owners or occupiers of the said messuages accordingly together with the hereditaments rights members ~ ~
  21. privileges and appurtenances to the said messuage and premises belonging or appertaining or which can or may or ought to be deemed to belong or appertain to the same
  22. or any part thereof and the [reversion] and [reversions] remainder and remainders […] [found] and profits thereof and all the estate [right] title and interest at law or in
  23. equity of the said Hugh Parlby party hereto and Margaret Bower or either of them and particularly all right and title to power or thirds of the said Margaret Bower
  24. of into or out of the said messuage and hereditaments or any part thereof and also all goods and writings relating to the title to the said premises to have ~
  25. and to hold the said messuage or tenement hereditaments and promises hereby granted and conveyed or intended so to be unto the said John Corner his heirs ~
  26. and assigns to the use of the said John Corner and his assigns during his natural life and from and immediately after the determination of that estate by any
  27. means in the life time of the said John Corner to the use of the said Thomas Milnes and his heirs during the life of the said John Corner in trust for the said
  28. John Corner and his assigns and from and after the determination of the use or estate [so] limited to the said Thomas Milnes and his heirs as aforesaid to the use
  29. of the heirs and assigns of the said John Corner for [ever] and the said Hugh Parlby party hereto and Margaret Bower for themselves severally only and for
  30. their several and respective heirs [all] and […] the said messuage and hereditaments with the appurtenances unto him the said John Corner his heirs and ~
  31. assigns against them the said Hugh Parlby party hereto and Margaret Bower and their respective heirs and all and every other person or persons whomsoever claiming
  32. or to claim any estate right or interest in or to the said messuage and premises or any part thereof under them either or any of them or under the said Hugh ~
  33. Parlby and Hugh Parlby both deceased or either of them shall and will warrant and for ever defend by those present and further the said Hugh Parlby  ~
  34. party hereto and Margaret Bower do hereby for themselves severally only and for their several heirs executors and administrators covenant declare and agree to and ~
  35. with the said John Corner his heirs and assigns that they the said Hugh Parlby party hereto and Margaret Bower and their heirs and all and every other person
  36. and persons claiming or to claim under them or either of them or under the said Hugh Parlby and Hugh Parlby both deceased or either of them any estate ~ ~
  37. […] in or to the said messuage and heriditaments hereby conveyed or any part thereof shall and will at all times hereafter at the request and […] of ~
  38. said John Corner the heirs or assigns make do execute and perform all such further [atto*] goods matters and things in the [law] whatsoever for the more [effectually] granting
  39. conveying releasing and assuring the said messuage and hereditaments hereby conveyed and every or any part thereof unto the said John Corner his heirs and assigns
  40. to the […] aforesaid or in such other matter as he or they shall direct or appoint as by him the said John Corner his heirs or assigns or his or their counsel [deemed]
  41. in the law shall be lawfully and reasonably advised or devised and required And lastly in consideration of the promised the said Margaret Bower doth ~
  42. hereby make ordain constitute and appoint the said Hugh Parlby party hereto her true and lawful attorney for her and in her name to enter upon and take
  43. possession and seizin* of the said messuage and hereditaments hereby conveyed or intended so to be or some part thereof in the name of the whole and ~
  44. immediately thereupon to give and deliver such possession and seizin* unto the said John Corner or his attorney in that behalf appointed to hold to him the ~
  45. said John Corner his heirs and assigns to […] used herein before expressed according to the true intent and meaning of those present to hereby [ratifying] confirming ~
  46. and allowing and agreeing to [ratify] confirm and allow all and whatsoever her said attorney shall do in pursuance hereof in witness whereof the said ~
  47. parties to these present have hereunto set their hands and seals the day and year above written
  48. Hugh Parlby       Margaret Bower

Note: symbol ~ denotes a space-filler inserted at the ends of lines to prevent anything being added at a later date.