13. Indenture, Delves Family, Sir Roger Wilbraham, (undated, 1616- 1630)

I’ve got to be honest: I don’t actually know that this is the start of a new document. It MIGHT be a continuation of the last document.  It is also coded, but there are some new names and so I am going to call it. It was time.

Number 13

Dates from Ancestry.

Henry Delves was born in 1599, Catheren born in 1609. I have not been able to find a marriage date. Catheren died, likely from childbirth, in 1630 aged only twenty one at Doddington Hall. Henry died in 1663. Their son, Thomas Devles, born the year his mother died, lived until 1714.

Sir Roger Wilbraham, Catheren’s father, was born 4, November 1553 in Rode, Cheshire. Sir Roger was a prominet lawyer. He served as the Solicitor General of Ireland (1585-1599), the Master of Requests (from 1600), and Court of Wards and Liveries until his death on 31 July, 1616. He was elected a member of parliment for Callington, and became a Knight of the Shire  for Cheshire in 1614. Sir Roger founded almhouses in Nantwhich, Acton, and Monken Hadley. He kept a journal from 1593 until his death, it was published: The Journal of Sir Roger Wilbraham, available in full from Archive.org. (5)

Based on this information, the indenture was created between 1616 and 1630, between the death of Sir Roger, after Catheren’s marriage to Henry Delves, and before the death of Catheren.

Note how it’s begun on the bottom strip of the page containing the previous document. ff 40v

This indenture mentions Doddington Hall in Cheshire, which included the ruins of Delves Hall, also known as “Delves Castle”, which would have a grand manor during the time of the writing of the indenture. It was built by the Delves family in the 14th century, first as a tower, then expanded into several buildings. It was used by Parliamentary forces during the Civil War and demolished (save the tower) in the 18th century. 

Delves Hall, Cheshire, 2010 (3)

Delves Hall, Cheshire, 2010 (2)

72 (40v)

\A deede of Covenmts to severall uses/

Between Sir Thomas Delves of [er] and Henry Delves

Esquire sonne and heirs apparent of the said Sir Thomas

of thone parte and [.] E Thomas Leigh of [er] and [.]:W:

R:S: and Ff:B: of th’other parte witnesseth that the

said S:T:D: and H:D for and in consideracon of

a marriage heretofore had and solemonized betwixt

the said Henry Delves and Catheren Delves his now wife

73 (41r)

one of the daugthers and coheires of Sir Roger Wil-

braham knight deceased and for the estatinge and –

setling of the mannors messuages land tents and other

the hereditaments in these puts mencioned in the name

and blood of the said Sir Tho: D and H:D and of either

of them soe longe as may stand with the will and

pleasure of god and for divers other good and valuable

consideracoms the said Sir Tho: D: and H:D: heare unto

moveinge doe for them selves and either of the their

and either of their heires exer Ad: and assignes and

every of them Covenant permise and graunt to and

with the said SrTD [er] their heires exer and Ad:

and every of them by these puts That they the said

SrTD and H D and their heires shall and will before

the feaste of all Saints next ensueing the date heareof

att the personal costs and charges in the lawe of the

SrTD: and H:D: or thone of the them make doe seale

deliver levy acknowledge suffer performe and execute

to the said SrT:D [er] and their heires a good perfect and

sufficient coveyance and coveyances assurance

and assurances in the lawe Be it or they by ffeoffment

ffynes or ffynes recovery or recoveres with single doub

double or treble vocher or vouchers deed or deeds

inrolled or not inrolled the inrollment of theses puts

release confirmacion or other wise with warranty

or with out warrenty or by any other lawfull act or acts

thing or things whatsoever of all and singular the mannors

messuages lands tenents rents revercions services and

hereditaments whatsoever with their appurtenances

scituate lyinge or being in DW:C:B: and E in the said

County of Chester Soe as the said SrT:D: and H D

nor either of them be not required to travell out of

the said county of C: for the levyinge making knowledge

inge suffuringe or executeinge any the conveyances or

assurances aforesaid.

\The first use lymited/

And it is mutually covenanted graunted condiscended

concluded and fully agreed by and betwixt the said parties

to theis presents and it is the true intent purpose

and meaneinge heareof and of all the parties heare unto

That all and sinuler the said fynes Recoveryes—

Conveyances and assurances of the said premisses and

every parte there of to be had made and executed aforesaid

74 (41v)

Shallbe had enure and shall be construed and adjudged

and taken to be and envure to the sole end intente and

purpose that the said SrTD: [e] and their heires

and Assignes And the survivor and Survivors of

them and his and their heires and Assignes and

every of them immediately for and after such . –

Conveyances and assurances soe to be had made

and executed of the said premisses as aforesaid

shall may and will by vertue there of stand and be

siesed of and ^\in/ all and sinuler the said Mannors

Messuages Milles Lands Tenents rents revercions

services and hereditaments and other the premisses

afore said with their appurtenances and of and in

every parte and parcell there of to the serverall behoofes

intents and purposes and with by uppon and under

 the severall Condicions provisions libertyes lymittacions

intencions and agreements heareafter in these puts

touchinge the same and every part there of expressed

sett forth lymitted appoynted and declared and to

and for none other use intent and purpose or meaninge

in any wise That is to saie of and in all and singuler

the said mannors messuages milles land s tents and

other the before mencioned premisses with their

appurtenances to the use and behoofe of the said

SrTD and his assignes for and dureinge the

terme of his naturall life without impeachments

of any manner of wast with full liberty like wise

and power to and for the said SrTD and his assignes

to sell cutt downe Carrye away [pr] All or any of the

trees growinge or beinge or with heareafter shall –

grow or be in or uppon the premisses or any parte

there of and the same to sell give or otherwise

dispose of at his free will and pleasure and from

and after the decease of the said SrTD: then of and

in the Capitall messuage or demesurehouse of weston

with all buildings Orchards gardens yords and other

appurtenances there unto belonginge together

with the severall Closes pastures and parcell

of lands and milles hearein mencioned That is

to say Barne croft the bromme feild [er] and the –

severall milles called Crosha mill and Weston mill

with their appurtenances to the use and behoofe

“Two water mills are known to have existed in the past, one near Weston Hall, and another at Crotia (Crowshall) Mill.”- Charles E S Fairey, “A Short History of Weston” (4) 

ff 41v

75 (42r)

of the said H:D: and K: his wife and their assignes

for and dureinge the terme of their naturall lifes

and of the life naturall of the longer liver of them

for and in the name of her joynture and in liew and

full recompence and satisfaccion of such dower as the

said K: may have or clayme to have of in or to all or

any of the said mannors messuage milles lands tenents

rents and other hereditaments and premisses afore said

And of and in all the rest and residue of the said Mannor

messuage miles lands tenants and other the hereditaments

and premisses aforesaid with th appurtenances from

and imediately after the decease of the said SrTD

to the use and behoofe of the saide H:D:  and his assignes

for and dureinge the term of his naturall life with out

impeachment of any manner of wast with free libertye

and power to and for the said H:D: and his assignes

to fell cutt downe and carry away any trees growing

or beinge in or uppon all the premisses or any parte there

of and the same or any part there of to give seel or

otherwise to dispose of at his and their free wills

and pleasure and  ^ \after/ the decease of the said H:D: then

aswell of all the premisses not assigned in joynture

to the said K: as alsoe of the imedyate revercion of the

said lands and premisses soe assigned ot the said K: to

the use and behoofe of the first sonne of the said H:D:

begotten and to be begotten of the body of the said

K: and of the heires males of the boyd of the said first

borne lawfully begotten and to be begotten and for

default of  such issue then to the use and behoofe of the

second sonne and soe and soe to the tenth sonne and

for default of such issue then to th use and behoofe

of the heires males of the body of the said H:D: lawfully

begotten and to be begotten and for default of such

issue then to the use and behoofe of the heires males

of the said SrTD: lawfully begotten and to be-

begotten and for default of the such issue then to the

use and behoofe of the right heires of the said Henry

\for levyinge 1500/                Delves for ever provided all waise and it is the true

intent and meaneinge of all the parties to these puts

that it shall and may be lawfull to and for the said SrT

D or either by his deeds in writinges executed in his life

tyme or by his last will and testament in writinge  to will

78 (42v) (this should be page 76)

lymitt and appoynt and to charge all or any part

of the said premisses except the lands tents

hereditamnets lymitted to be for the joynture of the

said Katheren onely duringe the terme of her

naturall lifefor the levyinge raisinge and

receiveinge out of the issues and proffitts of the

same the full and entyre somme of Mdl pound

of lawfull money of England to and for the

use benefitt and behoofe of such person and persons

and for and dureinge such tyme terme and estate

and in such manner and forme and the said SrTD

either by his said deed executed in his lifetyme

or by his said last will and testament in writeinge

shall lymitt eppresse appoynt or declare.

\A power to raise 1500l to be imployed as SrTD should appoynt either by his deed or by his will/

And it is futher Covenanted graunted and agreed by and

betweene all the said parties to these presents for them and

their heires That there uppon the said SrTD [er] and the

survivor and survivors of them and his and their heires and

assignes and every of them shall stand and be seised of all

the said premisses (except the joynture of the said [louly]

dureinge the term of her life) imediate from and after

the decease of the said SrTD: for soe longe tyme and

untill they have have had and levied out of the issues

and profitts of the same the full some of 1500l to be payed

to such person or persons and to such use and uses and in such

manner and forme as shall be appoynted and declared

either in the said deed executed in the life tyme of

the said SrTD or by his last will and testament in writing

and afterward that they the said SrTD [er] and the

survivor and survivors of them and every of them and

his and their heires and assignes shall stand and be siesed

of all and singular the premisses aforesaid and every

part and parcell there of to the severall uses intents

lymittacion and purposes and in such manner and

forme as is limitted and expressed in these presents any

thinge ^\hearin/ contayned to the contrary in any wise not with standing

\A provisoe to make leases for 21 yeares or 3 lines in possession/

Provided likewise all the said parties to these puts That

it shall and may be lawfull to and for the said Sr:T:D

dureinge his naturall life att his free will and pleasure

and after his decease to and for the said H:D: dureinge

his naturall life att his free will and pleasure

Doddington Hall, Chester 2007. (1)

ff 43r

77 (43r)

to make any lease or leases by deed or deeds indenture

of all or nay parte of the said mannor messuages lands

tenants and other the premises with thappurtenances Except

the Captiall messuages called the Hall of Doddington

and the demesue lands tents hereditamnets there unto

belonginge and the Capitall messuage called the Hall

of Weston and the demesue lands tenents and hereditaments

there unto belongine And the lands tenents hereditaments

Assigned and lymitted to and for the said R D dureinge her

naturall life onely To any person or persons for the terme

of XXI yeares or under or for three lives or fewer from

 the makinge of such lease or leases in possession and

not in revertion or [rend] And soe as there be reserved

in and uppon every such lease and leases the amity ut

yearely rent and other services boones [adages] and dutyes

or more for every of the said messuages lands tents and

premisses as shall be soe demised or leased as aforesaid

and soe as the lease or leases soe to be made noe any

of them be not dispunishable of wast.

\That the grantees shall stand seised to the use of the lessees/

And it is covenantted and agreed by and betweene all the

the said parties to these puts and their heires that from and

imediately after the makeing and executinge of every

such lease and leases as aforesaid the said SrTL: [er] and

the survivor and survivors of them and his and their heires

shall stand and be seised and possessed of such parte and

soemuch of the said premisses as shall be soe demised

leased as aforesaid to the use and behoofe of every such

lessee and lessees and his and their exer Ad: and assignes

for and dureing the terme and estate of every such lease

and leases to be made in manner and forme aforesaid

and the revercon and recercions remaynder and remaynders

thereof together with the severall rents and services

there uppon reserved dureing the contynewance of the

same lease and leases to the uses intents and purposes

formerly in these puts expressed and under such con-

dicions lymittacons and provisoes as is or are hearein like

wise mentoned and declared any thinge hearin contayned

to the contrary not withstandinge

Provided like wise and it is alsoe graunted covenanted

and agreed by and betweene all the said parties to these

puts for them selves and their heires that it shall and may be lawfull

78 (43v)

to and for the said Sir TD: at all tymes heare after

dureing his naturall life by his deed in writinge

under his hand and seale to give graunt and assure

and convey to the use of such wise as the said Sr T

D sha heare after marrye and have at the tyme

of his decease for and dureing her naturall life

once anuall rent charge of 200l payable yearly at
the ffeast of er by equall portions for and in the

name of a joynture to beginne from and after

the naturall decease of the said Sir TD: and to be

issuinge or goinge out of all or any part of the presmisses

except the lands tents and hereditaments lymitted and

assigned by these puts to and for the joynture of

the said Katheren now wife of the said H:D: And

likewise that it shall and may be lawfull to and for

 the said Henry Delves and to and for every issue

male inheritable by these puts to all tymes during

his and their naturall life and lines by his and –

their deed in writeing under his and their hand

and seale when hee or they shall successffuely have the

possession or immediate inheritance of the said-

premisses to give graunt lymitte and assure to and for

the use of every such wife and wives as the said

Henry D and every such issue males aforesaid

shall respectively have dureinge the naturall life

and lives onely of such wife and wifes one ammity

or rent charge of 200l  for and in the name of a

joynture the same to comence and begine from

and after the naturall decease of the said Sir TD

and H:D: the survivor of them and of every such

issue male respectively as aforesaid And to be issuinge

and distraquable out of and uppon all or any parte

of the premisses at the choise of the said HD and of every

such issue male as aforesaid and that there uppon

the said Sir TD and the Survivore and Survivors of them and

his and their heires and Assignes by force and verture

of these present shall stand and be seised of an in the

said present or such part there of as shall be soe

made lyable subject or charged with the said

severall yearely rent charges of 200l as aforesaid-

79 (44r)

to the use intende and purpose that hte saide wife or

wifes shall have hould or enjoy and distrayne for the said

severall yearlye rent charges 200l accordinge to the –

severall lymittations aforesaid and accordinge to the

true meaneing of all the parties to these puts and

afterward shall stand and be seised of the premisses

to such other uses intents and purposes as are-

formerly hearin and hearby lymitted and declared.

\for raysing of daughters portions/ Provided alsoe and it is further covenanted graunted

concluded and agreed by and betweene all the parties to

these puts for them and their heires and it is like

wise the true intente and meaninge heare of that

the heire males of the said Henry D and for

default of such issue such person or persons as shall

be inheritable of the premisses or any part thereof

by force of these puts shall content on \and/ pay or cause

to be satisfied and payd unto every issue ffemale

which the said HD shall hear after fortune to have

of his body lawfuly begotten or to her or their ex er

or assignes such some and somes of mony and payable

att such dayes and places as the said H:D shall

either by his last will and testament in writinge or

by any other writinge under his hand and seale-

lymitt and appoynte soe as such some and somes of

money soe to be appoynted in case the said HD have

issue male of his body lawfully begotten lyvinge att

the tyme of his death or after to bebrone and but one

daughter doe nott exceede the some of 2000\mes/ and

soe as such some and somes of money, soe to be –

appoynted in case the said H:D have noe sonne and

 but one daughter doe not exceede the some of 2000 l

and soe alsoe as in case of the said HD shall have two

daughters onely and noe sonne the said some or somes

of money soe appoynted doe not exceed the somme of

one thousand pounds apeece to either of the said

daughter And soe as alsoe such some or somes of

money soe to be appoynted in case of the said H D –

have a sonne and two daughters doe not exceed the

some of 2000 l apeece to either of the said daughters

and soe as alsoe such some of mony soe appoynted

In case the said H:D have issue three daughters or

more doe not exceed the some of one thousands markes

apeece to every such daughter.

80(44v)

And uppon default of payment of all or any the

said severall somes of money to be had and made

by the space of one whole yeare next after

they shall be soe appoynted to be paid by

the said HD that then and from thence forth

the said Sr TD er and the survivor of them and

his and their heires and assignes and every of

them shall stand and be seised of and in all

and singular the said mannors messuages and

mills lands tents hereditaments and premisses-

except the lands tents and hereditament assured

by these presents and mentioned by these puts

to be assured to and for the use of the said KD

and to the use of such issue ffemales or ffemale

of the body of the said Sir TD lawfully begotten

and to be begotten as aforesaid to whom the

said payment or payments whreof such default

is or shall be made as aforesaid should or ought

to have binne had or made by the true meaneinge

of these puts untill such tyme as they or shee

in whose behalfe the said payment should

have been made shall have recieve and levy

all such some and somes of money by these puts

lymitted and intended unto her soe much there

of as at the tyme of such default of payne shall be

unsatisfied and not paid of the issues and proffitts

of the said lands and premisses formerly charges

there with by these presents.

\A power to grant anuity to yonger sonns/ And it is likewise further provided graunted convenantued

and concluded and agreed by and between all the

 said parties to these puts for them and their heirs

that is shall and may belawfull to and for the said

H:D: at any tyme hearafter dureinge his naturall

life by any deede in writinge lawfully executed

in his life tyme under his hand and seale or by

his last will and testament in writeinge to –

graunt and assure to every or any of his younger

sonne or sonnes of his body lawfully begotten or

to be begotten for and dureing onely the naturall

life and lives of such younger sonne or sonnes one

anuity or yearly rent charge not exceedinge the

some of fforty pounds apeece to every of the –

81 (45r)

said some of somes to be issuinge and distraquable forth

and out of the said mannors messuages lands milles

tents and other the premisses at the will and pleasure

of the said H:D (Except the lands lymitted and

intended to and for the joynture of the said K onely

dureing the term of her naturall life and that

there uppon and after such assurance of any such

rent charge for the said younger sonnes of the

said H:D: the said estate Covenanted by these

presents to be made and shallbe and Sire TD: er and the

survivor of them and his and their heires and

assignes and every of them shall stand and siesed

of and in the messuage lands tents and hereditaments

for to be charged to the use interne and purpose

 that the said yonger sone and sones of the

said H:D: may recieve take and distrayne for

the said annuall or yearly rent according to the

true meaneinge of the said graunt and assurance

to them there of made provided never the lesse

and it is coventanted granted and agreede

by and betweene all the parties to ehse puts

that neither any some or somes of money formerly

mencioned or intended to and for the daughters

of the said H:D: nor the said anuityes and charges

intended to and for the younger sonnes of the said

H:D: Shall be lyable and appoynted to be paide

dureing the life tyme of the said Sir TD: nor of

 the said HD: nor either of them.

\A letter of Attorny to receive posession/ Be it knowne unto all men by these puts that

I N [Q] of er have made consituted and ordayned

and by these puts doe make constitute ordayne

and in my place put my welbeloved in Christ-

R:E : of er and [.] C: of er my true and lawfully attor-

neyes joyntly and severally for me and in my name

to receive of [..] of er or of his attorny or attorneyes

in that behalfe lawfully authorised full and peaceab

ablely possession and seisin of that Capitall messuage

or mansion house with thappurtenments called S and

of er or of any part thereof in the name of the whole

scituate lyinge or beinge in W: in the County of C
To have and to hould the premisses aforesaid unto

82 (45v)
mee my heires and assignes accordinge to

the tenor [pport] true intent and meaneinge

of one pare of indentures bearinge date

the 14th day of this instant [and ber] and made

 between the the said [KO] of thone part and mee

the said NK of thother parte in witnesse.

\A letter of attorney to sue for mony/ SS Our true and lawfull attorney for us and ^in our

names and to [oe] uses to aske [recou] levey rec and

take of C:D: and E ff of er All and singuler such

debts legances detyes some and somes of money

as are or shall be due or owninge unto us the sai d

AB: er by and \or/ from the said E:Ff: or CD giveinge

full power and authority for use and in our-

names to sue and arrest and plead [condempue]

and imprison the said CD and E:FF: or either of

 them and att his will and pleasure the said C:D: er

or either of them out of prison to deliver or cause

to be delivered And uppon the reciept of any-

some or somes or toher goods of the said CD er-

acquitance or other lawfull discharges for us

and in our names to make seale and deliver as

our deed or deeds and one attorney or more attorneys

will againe revoake and all and every other

thinge and things which shall be needfull and

necessary to be doune in or about the premisses

the same to doe as fully and wholly as if wee our

selves were personally might doe houldinge [suine]

and stable all ^\and/ whatsoever our said attorney

shall doe or cause to be donne in or about the

premisses by these put in witnesse where of

Omnibus ppr fideliby adquos hot presens script

prevend it Johes T albott [Ar] Jeroumus Kone [Ar] et

Elianora apon eius veri et jubitate Patram

Kectarie Ecclie pothis de sin Om S Coxen et
Kich dioces salfm in due sempit nam sciatis nob

prefat I:T:J:K et EP: ind sis bonis casueis et con-

sideratonbus nos in hoc parte spialit moven

dedisse concess et confirmasse at p puts dare

concedore et confirmare dilecto nobus in epo.

83(46r)

Thome Barnefeild de N in [.co] Com gen exer Ad.
et Assignes suis primam et primam ad vocaconem

donaconem moiaconem presentaconem libam disposi

coem et ius patronatus dce kectorie ecchie prochis

de H ped hed et tened diam primamet ppadvo-

cacoem donacoem moiacoem presentacoem libam

disposicoem et isu patronate presate rectord ecclie

ad pred tand eccliam et rectoriam quandocunge-

Comodocunge et qualitercunge et mortem Kesig

The Latin continues until the end of the page where the indenture ends. I have very little Latin (obviously). I tried my best to transcribe the letters and words I recognize, however, the abbreviations got the better of me. I honestly have no idea what I am looking at. Instead I will offer a the words as they are written:

046r

  1. KittyBrewster. Doddington31. Digital image. Wikipedia. N.p., 25 Sept. 2007. Web. 31 July 2014.
  2. Huguet, Simon. “Castle” in the Park. Digital image. Wikipedia. N.p., 9 Feb. 2010. Web. 31 July 2014.
  3. Huguet, Simon. “Castle” in the Park. Digital image. Wikipedia. N.p., 9 Feb. 2010. Web. 31 July 2014.
  4. Fairey, Charles. “A Short History of Weston.” History – Weston – Weston & Basford Online. N.p., Sept. 2008. Web. 31 July 2014.
  5. Wilbraham, Roger, and Harold Spencer. Scott. The Journal of Sir Roger Wilbraham, Solicitor-General in Ireland and Master of Requests, for the Years 1593-1616: Together with Notes in Another Hand, for the Years 1642-1649. London: Offices of the Society, 1902. Archive.org. Calirfornia Digital Library, 6 Sept. 2008. Web. 15 Apr. 2015. <https://archive.org/details/journalofsirroge00wilbrich&gt;.
Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s