Indentures 1 & 2

1834 Wirksworth

Indenture #2 - Conveyance Indenture #1 - Lease

Two Vellum Deed Indentures of Wirksworth including Church Pew Peppercorn rent 1834. Two indentures on vellum fastened together with the original wax seals. The first is a conveyance and the second a lease. Both relate to the same property in Wirksworth. The largest document measures 29 inches by 24 inches. The other one is slightly smaller. Dated 10 and 11 February 1834. Signed and sealed by: Francis Allsop or Alsop of Tearsall in the Parish of Darley, Derbyshire, Farmer. William Ogden of Wirksworth, Victualler, and Sarah his wife. John Ogden of Wirksworth, Butcher. Contents relate to a Dwellinghouse in North Town Wirksworth. Also included are two seats in the front pew in the South gallery of the parish Church of Wirksworth.

Indenture #1 - (LEASE) - Outside

SIGNED sealed and delivered by the within named Francis Allsop being first duly stampt in the presence of John Andrew solicitor, Wirksworth P.Hubbersty Indenture #1 - Inside, 26½ x 22 inches, 26 lines.

Indenture #1 - (LEASE) - Inside

123456789012345678901==== THIS INDENTURE made the Tenth day of February in the year of our Lord one thousand eight hundred and thirty four ====01 123456789012345678902==== BETWEEN Francis Allsop of Tearsall in the parish of Darley in the county of Derby farmer ====02 123456789012345678903==== of the one part and John Ogdon of Wirksworth in the said county of Derby Butcher of the other ====03 04==== part WITNESSETH that for and in consideration of the sum of five shilings of lawful money of Great Britain to the said Francis Allsop in hand well and ====04 05==== truly paid by the said John Ogdon at or before the sealing and delivery hereof the receipt whereof he the said Francis Allsop doth hereby acknowledge HE ====05 06==== the said Francis Allsop HATH bargained and sold by these presents DOTH bargain and sell unto the said John Ogdon his executors ====06 07==== administrators and assigns ALL that messuage dwellinghouuse or tenement situate standing and being at Wirksworth aforesaid in a place there ====07 08==== called the North Town End and the backside outbuildings and appurtenances thereunto belonging formerly in the tenure or occupation of James Marsh ====08 09==== afterwards of William Latham and of Henry Latham woolcombers then of Samuel Harley since of Mr R Burdett late of Mr William Nuttall and now ====09 10==== of Mrs Greenhough AND all outhouses edifices buildings cellars areas courts courtyards cisterns privies sewers gutters drains draughts backsides ways ====10 11==== paths passages lights waters watercourses liberties privileges easements profits commodities advantages and emoluments whatsoever to the said messuage ====11 12==== or tenement and hereditaments hereby bargained and sold or intended so to be or any of them respectively belonging or in anywise appertaining AND ====12 13==== the reversion and reversions remainder and remainders rents issues and profits thereof and of every part thereof AND ALL the estate right ====13 14==== title interest use trust property claim and demand whatsoever doth at Law and in Equity of the said Francis Allsop of in to out of or on the said ====14 15==== hereditaments and premises and every part thereof TO HAVE AND TO HOLD the said messuage or tenement hereditaments and promises hereinbefore ====15 16==== described and expressed to be hereby bargained and sold with their rights members and appurtenances unto the said John Ogdon his executors ====16 17==== admnistrators and assigns from the day next before the day of the date hereof for and during and unto the full end and term of one whole year from thence ====17 18==== next ensuing and fully to be completed and ended YIELDING and PAYING therefore unto the said Francis Allsop his heirs and assigns the rent of one ====18 19==== pepper corn only on the last day of the said term if the same shall be lawfully demanded TO THE INTENT AND PURPOSE that by force and virtue of ====19 20==== these presents and of the Statute made for transferring uses into possession he the said John Ogdon may be in the actual possession of the said ====20 21==== hereditaments and promises hereinbefore described and hereby bargained and sold or intended so to be and may be thereby enabled to accept and take ====21 22==== grant and release of the reversion freehold and inheritance thereof to the said John Ogdon and his heirs to for and upon such uses trusts estates and ====22 23==== intents and purposes as by an Indenture of release already prepared and intended to bear date the day next after the day of the date of these presents ====23 24==== and made or mentioned to be made between the said Francis Allsop of the first part William Ogdon and Sarah his wife of the second part and the said John ====24 25==== Ogdon of the third part IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above ====25 26==== written. ====26

Indenture #2 - CONVEYANCE - Outside

Signed sealed and delivered by the within named Francis Alsop Sarah Ogdon and John Ogdon being first duly stampt in the presence of John Andrew P Hubbersty Solicitor, Wirksworth Derbyshire Signed sealed and delivered by the within named William Ogdon in the presence of P Hubbersty DATED 11th February 1834 Mr Francis ALLSOP by the direction of Mr Wm OGDON and wife CONVEYANCE and Settlement to of a messuage or tenement at the North End in Wirksworth Mr John OGDON In trust for the said William OGDON (Converted into two Houses by William OGDON in or about the years 1845 & 1846) Indenture #2 - Inside, 29 x 24 inches, 66 lines.

Indenture #2 - (CONVEYANCE) - Inside

123456789012345678901==== THIS INDENTURE made the eleventh day of February in the year of our Lord one thousand eight hundred and thirty four BETWEEN ====01 123456789012345678902==== Francis Allsop of Tearsall in the parish of Darley in the County of Derby Farmer of the first part William Ogden ====02 123456789012345678903==== of Wirksworth in the said County of Derby victualler and Sarah his wife of the second part and John Ogden of ====03 123456789012345678904==== Wirksworth aforesaid Butcher of the third part WHEREAS Francis Walker late of Wirksworth aforesaid Innkeeper now ====04 123456789012345678905==== deceased being at the time of making his last Will and Testament hereinafter recited and thenceforth to the time of his decease ====05 123456789012345678906==== seized to him and his heirs for an estate of Inheritance in fee simple in possession of and in the messuage and hereditaments ====06 07==== hereby released or otherwise assured or intended so to be with the appurtenances made and publised his last Will and Testament in writing bearing date on or about the twenty third day ====07 08==== of February in the year one thousand eight hundred and eighteen and duly executed and attested for the devise of Freehold estates of inheritance and thereby Gave Devised and Bequeathed ====08 09==== all his real and personal estates whatsoever and whereasoever unto his two friends the said Francis Allsop and Thomas Smedley then of Wirksworth aforesaid Gentleman now deceased ====09 10==== their heirs executors administrators and assigns for ever upon the trust nevertheless by the now writing Will declared that is to say Upon certain trusts for the benefit of his wife Rose ====10 11==== Walker and his daughter Sarah Walker now Sarah Ogden during the life and widowhood of his said wife being trusts which have since determined by the decease of his said wife and from and ====11 12==== immediately after the decease or second marriage of his said wife which should first happen Upon Trust that they his said trustees or the survivor of them his heirs executors or administrators ====12 13==== should grant convey and assure all that his messuage dwellinghouse or tenement and promises with their appurtenances situate in the North Town End in Wirksworth aforesaid wherein ====13 14==== Mr William Nuttall did then lately inhabit but which were then and for some time past had been unoccupied being the hereditament hereby released or otherwise assured or intended so to be if ====14 15==== the same should not have been previously sold by his said trustees pursuant to the power thereinafter given to them for that purpose unto his said daughter Sarah her heirs and assigns for ====15 16==== ever subject to an annuity to his said wife for her life in the event of her second marriage in the life time of his said daughter Sarah being an event which did not happen and in the now writing ====16 17==== Will is contained a power for the said trustees or the survivor of them his heirs executors or administrators if they or he should think fit at any time after the testators decease to sell the said messuage ====17 18==== or tenement and hereditaments and also a declaration that in such case they or he should stand possessed of the produce of such sale and the interest dividends and annual income thereof upon the trusts declared ====18 19==== by the now writing Will of the said estate and the rents issues and profits thereof AND WHEREAS the said Testator departed this life without having revoked or in any manner altered his ====19 20==== said Will and the same Will was proved in the Ecclesiastical Court of Lichfield and Coventry on or about the seventeenth day of October and one thousand eight hundred and eighteen ====20 21==== AND WHEREAS the said Rose Walker departed this life and was buried in the parish of Matlock in the said County of Derby about the twenty seventh day of September one thousand ====21 22==== eight hundred and twenty five AND WHEREAS the said Thomas Smedley hath also departed this life and he was buried in the parish of Wirksworth aforesaid on or about the fourteenth day of ====22 23==== December one thousand eight hundred and twenty two AND WHEREAS the said Sarah Walker was married to the said William Ogden at the parish Church of Darley in the said County of Derby on or about the twenty sixth day of December ====23 24==== one thousand eight hundred and thirty two AND WHEREAS the power of Sale contained in the hereinbefore in part writes? Will has not been exercised AND WHEREAS the said William Ogden and ====24 25==== Sarah his wife have agreed and determined that the said messuage and hereditaments hereby released or otherwise assured or intended so to be should be settled to the uses and upon ====25 26==== the trusts hereinafter declared and have requested the said Francis Allsop to join in those presents for the purpose of conveying the same messuage and hereditaments in manner ====26 27==== hereinafter mentioned NOW THIS INDENTURE WITNESSETH that in pursuance and performance of the said agrement and request and in consideration of the sum of ten shillings ====-27 28==== of lawful money of Great Britain to each of them the said Francis Allsop William Ogdon and Sarah his wife paid by the said John Ogdon before the execution of these presents the receipts ====28 29==== whereof are hereby respectively acknowledged the said Francis Allsop at the request and by the direction of the said William Ogdon and Sarah his wife respectively testified by their several ====29 30==== executions of those presents and by the acknowledgment thereof by the said Sarah Ogdon pursuant to the provisions of the Statute made and passed in the third and fourth years of the reign of his ====30 31==== present Majesty King William the fourth instituted an act for the abolition of fines and recoveries and for the substitution of more simple modes of assurance and by way of Conveyance or ====31 32==== other assurance only and not of covenant HATH granted bargained sold allowed and released and by these presents DOTH grant bargain sell allow and release and the said William ====32 33==== Ogdon and Sarah his wife by force and virtue and in pursuance of the provisions of the said Statute and of all other powers and authorities estates rights and interests enabling them or other ====33 34==== of them in that behalf HAVE and each of them HATH granted bargained sold allowed released and confirmed and by those presents DO and each of them DOTH grant bargain ====34 35==== sell allow release and confirm unto the said John Ogdon his heirs and assigns In the actual possession now being by virtue of a bargain and sale thereof made to him by the said ====35 36==== Francis Allsop in consideration of five shillings paid to him by the said John Ogdon by Indenture bearing date on the day next before the day of the date and executed before the ====36 37==== execution of those presents for one year to be computed from the day next before the day of the date of the same Indenture of bargain and sale and by force of the Statute made for ====37 38==== transferring uses into possession ALL that messuage dwellinghouse tenement situate standing and being at Wirksworth aforesaid in a place there called the North Town End and the ====38 39==== backside outbuildings and appurtenances thereunto belonging formerly in the tenure or occupation of James Marsh afterwards of William Latham and of Henry Latham woolcombers ====39 40==== then of Samuel Harley since of Mr R.Burdell late of Mr William Nuttall and now of Mrs Greenhough and also two sittings at the North End of the front seat in the South ====40 41==== Gallery or Loft in the parish Church of Wirksworth aforesaid where Henry Elliott and his family formerly sat and where Mrs Greenhough now usually sits AND all outhouses ====41 42==== edifices buildings cellars areas courts courtyards cisterns privies sewers gutters drains draughts backsides ways paths passages lights waters watercourses liberties privileges ====42 43==== easements profits commodities advantages and emoluments whatsoever to the said messuage or tenement and hereditaments hereby released or otherwise assured or intended so to be or ====43 44==== any of them respectively belonging or in anywise appurtaining or accepted reputed deemed taken known held occupied or enjoyed to or with or as part parcel or member of the same or ====44 45==== any part thereof AND the reversion and reversions remainder and remainders yearly and other rents and profits of the said messuage or tenement and hereditament hereby released ====45 46==== or otherwise assured or intended so to be and every part and parcel of the same with their and every of their rights members and appurtenances AND ALL the estate right title ====46 47==== interest use trust inheritance term and terms for years and for life and lives property possession benefit and equity or right of redemption lien claim and demand whatsoever both at ====47 48==== Law and in Equity or otherwise howsoever of the said Francis Allsop William Ogdon and Sarah his wife respectively of in to out of or upon the said messuage or tenement and ====48 49==== hereditaments hereby released or otherwise assured or intended so to be and every part and parcel of the same with their and every of their rights members and appurtenances ====49 50==== TO HAVE AND TO HOLD the said messuage or tenement hereditaments and all and singular other the premises thereby released or otherwise assured or intended so to be with their and every of ====50 51==== their rights members and appurtenances unto the said John Ogdon his heirs and assigns TO THE USES upon the trusts and for the intents and purposes hereinafter declared or expressed of ====51 52==== or concerning the same that is to say TO SUCH USES upon and for such trusts intents and purposes and either by way of annuity rent charge or otherwise and subject to such powers ====52 53==== provisoes charges declarations and agreements as the said William Ogdon shall from time to time by any deed or deeds with or without a power of revocation or new appointment to be by ====53 54==== him sealed and delivered in the presence of and attested by two or more credible witnesses direct or appoint and in default of and until such direction or appointment and so far as any such direction or appointment shall not extend TO ====54 55==== THE USE of the said John Ogdon and his heirs during the natural life of the said William Ogdon IN TRUST nevertheless for the said William Ogdon and his assigns and from and ====55 56==== immediately after the determination of the estate so limited to the said John Ogdon and his heirs in trust as aforesaid TO THE ONLY PROPER USE AND BEHOOF of the said William Ogdon his heirs and ====56 57==== assigns for ever AND the said Francis Allsop doth by these presents for himself his heirs executors and administrators covenant and declare to and with the said John Ogdon his heirs ====57 58==== and assigns that he the said Francis Allsop hath not at any time or times heretofore made done or permitted or been a party or privy to any act deed matter or thing whatsoever whereby ====58 59==== or by reason or means whereof the messuage or tenement and hereditaments hereby released or otherwise assured or intended so to be or any of them or any part thereof are is can shall ====59 60==== or may be impeached charged incumbered or in anywise affected in title charge estate or otherwise howsoever AND it is hereby agreed and declared by and between the several parties hereto ====60 61==== as far as they are respectively interested that all and singular the person or persons (if any) who now are or is or hereafter shall or may be seized or possessed of any term or or terms of years ====61 62==== or other outstanding interest in the said messuage or tenement and hereditaments hereby released or otherwise assured or intended so to be or any of them and his her and their heirs ====62 63==== executors and administrators shall at all times hereafter during such terms and interest respectively be seized and possessed thereof and interested therein IN TRUST that the same terms ====63 64==== and interest may attend the freehold reversion and inheritance of the said messuage or tenement and hereditaments hereby released or otherwise assured or intended so to be according to the ====64 65==== uses trusts and estates hereby limited thereof for the purpose of protecting the same freehold reversion and inheritance from and against all mesue? and subsequent incumbrances ====65 66==== if any such there be IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written ====66 Added to left border This Deed marked A was this day produced before us and acknowledged by Sarah Ogdon therein and named to be her act and Deed previous to which acknowledgment the said Sarah Ogdon was examined by us seperately and apart from her husband touching her knowledge of the contents of the said Deed and her consent thereto and declared the same to be freely and voluntarily executed by her As Witness our hands this eleventh day of February one thousand eight hundred and thirty four John Andrew

Names mentioned

Francis ALLSOP Tearsall farmer John ANDREW Wirksworth solicitor R.BURDETT Mrs GREENHOUGH Samuel HARLEY Phillip HUBBERSTY William LATHAM woolcomber Henry LATHAM woolcomber James MARSH William NUTTALL John OGDON Wirksworth butcher William OGDON Wirksworth victualler Sarah OGDON wife of William Thomas SMEDLEY Wirksworth Francis WALKER Wirksworth innkeeper Rose WALKER wife of Francis Sarah WALKER married OGDON

Pew ownership

"....and also two sittings at the North End of the front seat in the South Gallery or Loft in the parish Church of Wirksworth aforesaid where Henry Elliott and his family formerly sat and where Mrs Greenhough now usually sits...." Conveyance Indenture #2 Lines 40-41 By the 13th century, backless stone benches began to appear in English churches. They moved from the walls to the nave, then became fixed to the floor. Wooden benches replaced the stone ones from the 14th century and became common in the 15th. Churches were not commonly furnished with permanent pews before the Protestant Reformation. The rise of the sermon as a central act of Christian worship, especially in Protestantism, made the pew a standard item of church furniture. In some churches, pews were installed at the expense of the congregants, and were their personal property; there was no general public seating in the church itself. In these churches, pew deeds recorded title to the pews, and were used to convey them. Pews were originally purchased from the church by their owners under this system, and the purchase price of the pews went to the costs of building the church. When the pews were privately owned, their owners sometimes enclosed them in lockable pew boxes, and the ownership of pews was sometimes controversial, as in the case of B. T. Roberts: a notice that the pews were to be free in perpetuity was sometimes erected as a condition of building grants. Certain areas of the church were considered to be more desirable than others, as they might offer a better view of services or, indeed, might make a certain family or person more prominent or visible to their neighbours during these services. During the late medieval and early modern period, attendance at church was legally compulsory, so the allocation of a church's pews offered a public visualisation of the social hierarchy within the whole parish. At this time many pews had been handed down through families from one generation to the next. Alternatively, wealthier inhabitants often expected more prestigious seating in reward to contribution to the material upkeep of the church, such as the erection of galleries. Disputes over pew ownership were not uncommon. wikipedia

emails

Index

----Anyone with more details for publication on this webpage, please email ---- --------------- Received from Mavis Johnson on 01jan2015 Hello John, Yes you may include my e-mail at the bottom of the webpage. I doubt that many are taught Commercial subjects of Shorthand, Typing, Commercial Mathematics, and Book-keeping, today to the standard of Miss Carnell ! The keyboard outlay was on a large poster pinned to the blackboard. We had covers over the keyboards and practised to music - at the end of each line of typing we had to return the carriage and a bell would ring. If you were not in tune with the rest of them you were easily discovered as your bell rang out of sinc I have frequently taken advantage of information from your website, and am still doing so, most of my Nottingham ancestors being traceable back to the Heritage Valley. I will look at your document in case it has any further clues for me. Regards Mavis -------------------------------------------------------------------------- Received from Mavis Johnson on 01jan2015 Hi John, I have no legal experience, but as a schoolgirl I elected to do a Secretarial Course offered at the Manning Grammar School, Nottingham, being otherwise forced to resit the whole of the previous year's agenda - they changed the rules that one must be 16 BEFORE Sept 1st instead of Dec 31st, when the new (?) GCE came into force in (?) 1950. We had a very stern but efficient lady in charge - Miss Carnell - and we were told NEVER to insert punctuation into any legal document we may type. She said that punctuation would give undue emphasis, maybe to the detriment of the document. Any error in a document would always be needed to be initialled in the margin of a legal document by the lawyer before he signed it, to ensure it was totally accurate. We were also taught very strict rules about spaces around punctuation! 3 spaces after a full stop, 2 spaces after a semi colon, and 1 space after a comma. These rules were to fit in with RSA Exam. Board. Regards Mavis ---------------------------------------

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