Part 3

An Agreement between John Gaunte duke of Lancaster, fourth son of King Edward the third and Edward Mundy of Marton [Markeaton] in the county of Derby knight. John Gaunt (_sic_) went himself to visit Sir Edward Mundy at Marton in the county of Derby aforesaid ... and Sir Edward Mundy made a journey with the duke of Lancaster and his attendants into Highe Frith in the parish of Alstonefield in the county of Stafford; when they arrived at that piece of public ground [? the common or moorland waste of the manor] which was called Lady Edge, from which moorcock [both red and black grouse] were frequently driven away and from whence hawks were let loose and flown within such boundaries as were thereinafter mentioned, to this boundary which was free and open for birds flying backwards and forwards near the public road, which led from Longnor to Leek. In the part of the circle in which the hawks took [the grouse] near the middle circuit next the east clough, on the 10th day of May 1399: for this reason John Gaunt gave it the title and name of Hawksyerd otherwise Hawksearth, because of the game being taken within its limits, thereinafter mentioned, which place was not theretofore named, some other pieces of land, which after that were made mention, to wit, part of a piece of land called Harrisons Intake, part of a piece of land called House Fielde, on which a small shed or house was standing, part of a piece of land called Little Meadow, which on the south lay between a place called Boothesley Grange and part of a piece of land called Rye Meadow following the stream pointing west, part of a piece of land called Killn Croffte adjoining the stream, thence west, part of a piece of land called Spart (?) Meadow, part of a piece of land called Rye Pingle, thence west following the rye of that year then growing. The boundary of Hawksyard otherwise Hawksearth, lying and being in Highe Frith in the parish of Alstonefield in the county of Stafford set out by John Gaunte duke of Lancaster aforesaid, between such bounds as were thereinafter mentioned, were set out for that house only; and the land called Hawksyerd otherwise Hawksearth aforesaid, where there is a clough at the east end of it and a purling stream, thence south following the stream between that and a place called Banke or otherwise Over Boothesley; also on the south side, a clough and stream ran, thence east next the stream, between that place called Bauthsley (_sic_) Grange and ascending on the south of the piece of land which is called Rye Pingle, thence west leading direct to the high ridge which is called Lady Edge, lying and being in Highe Frithe in the parish of Alstonefield in the county of Stafford; and then across the ridge which is north direct to the public road, which led from Longnor to Leeke; and also along the public road thence east it passed straight to the east end of the clough. The full extent of the said land, in the 1st year of the reign of King Henry IV, was marked out and set to limits either to expel, keep in or admit, to the only proper use and advantage of that house called Hawksyerd otherwise Hawksearth aforesaid; and also the liberty to dig turf in the public meadow and wastes of the lordship of Alstonefield. Sir Edward Mundy of Marton in the county of Derby aforesaid prayed for one favour of John Gaunt duke of Lancaster, which he [John] said he would consider if to him it were possible. Sir Edward asked him and he [John] to him gave the said place called Hawksyerd otherwise Hawksearth aforesaid and John Gaunt did freely give and grant it to him and his descendants forever. Sir Edward Mundy then went with his attendants to John Gaunt to see him at Lancaster Castle which [agreement] John Gaunt sealed and subscribed; and into the control of Sir Edward Mundy, all the before mentioned was handed over on the 15th day of May 1399 In the presence of William Stanley Gent, John Porter Gent, James Lewis Gent, Wi'm Stanley Gent, Thomas Mundy Gent, John Thornicroft Attorney.

If this deed correctly records the facts, we must infer that John of Gaunt owned lands in north Staffordshire between Longnor and Leek; and that they probably formed part of the lands belonging to the duchy of Lancaster. We learn that his friend Sir Edward Mundy of Markeaton, twenty miles away to the south-east, invited the duke to visit him there; a hawking party being arranged on the 10th May 1399 by Sir Edward for the entertainment of his royal guest; one of the highest points of The Moorlands, known as Lady Edge, nearly 1500 feet above the sea, where grouse were always to be found, was selected as the trysting place. The party would ride from Markeaton across the open country to Lady Edge, and they appear to have had good sport. Probably John of Gaunt and his friends from Markeaton watched the hawking from the top of Lady Edge and the undulating land which lies between Lady Edge and Hawksyard, the quarry being taken within a distance of half a mile to the north-east. So pleased was the duke, that he honoured the place where the hawks took their quarry by giving it the name of Hawksyard otherwise Hawksearth; a place which before then was unnamed. The deed also states that before the duke left Markeaton, Sir Edward asked him as a personal favour to give Hawksyard to Sir Edward and that the duke promised to consider the request. Apparently Sir Edward returned with the duke to Lancaster, as a few days later the duke is stated to have sealed and subscribed this deed at Lancaster Castle and delivered it into the hands of Sir Edward on the 15th May 1399. The metes and bounds are fully set forth in the deed, which also records that the boundaries were marked out on the land in the 1st year of Henry IV.

The second deed bears date the 24th October 1568 written in the same bold Arabic numerals as in the earlier deed; but the later deed is in English and measures 16 A-- 12 inches, it has two round seals of yellow wax, each of a diameter of one and a half inches; the impression on these seals does not appear to be armorial but they both bear the same form of cross; the parchment and make-up are in all respects similar to the deed of 1399 and the signatures of Vincent Mundy and his son are written in the same hand as the deed, which was not unusual in the 16th century.

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The following is an abstract of the grant from Vincent Mundy and his son Edward to John Weston.

An Indenture made the 24th day of October, in the 10th year of Elizabeth and in the year of the Lord 1568 Between Vincent Munday of Marketon in the countye of Derbye esquire and Edward Mundy (_sic_) gentleman, son and heir apparent of the said Vincent, of the one part and John Weston of Mackworth in the county aforesaid gentleman of the other part; whereby the aforesaid Vincent and Edward, for and in consideration of the sum of three hundred pounds of lawful money of England, to the aforesaid Vincent and Edward in hand paid by the said John Weston, whereof they confessed themselves to be fully satisfied and paid and the said John Weston and his heirs executors and administrators to be thereof acquitted and discharged for ever by those presents; had delivered given granted sold bargained released and by those present writings confirmed to the aforesaid John Weston and his heirs executors and administrators, all that their messuage or tenement, with the appurtenances, situate lying and being in the Highe Frith within the parish of Alstonefield in the county of Stafford; and being part parcel and member of the mannor of Alstonefield aforesaid and hereafter named, following and more at large expressed; to wit, all that messuage farm or tenement called Hawkesyarde or otherwise Hawkesearthe, then in the tenure or occupation of Raphe Bradburye and Maud his wife; and also all and singular houses outhouses cottages barns edifices buildings orchards gardens meadows pastures lands and arable lands commons woods underwoods, free liberties or commoninge and turbarye throughout the waste of the aforesaid manor, priviledges profits and commodities whatsoever, with all and singular the appurtenances to the said messuage or tenement in anywise lyeing appertaininge or belonginge; or any thing standing or at any time theretofore accepted used occupied or perceived, together with the said messuage or tenement or any of them, by any tenant before named their prior tenants or as part parcel and member of or as belonging to the said messuage or tenement or by whatsoever name or names it was commonly called or known, and all the estate etc; and moreover all rent and yearly profits whatsoever, reserved on any demise grant or copye of the premises, by any person or persons theretofore made or committed; to have hold and enjoy the same to the said John Weston his heirs executors administrators and assigns for ever; and likewise priviledges profits and commodities whatsoever, which John Gaunt the duke of Lancaster the fourth son of King Edward the third did give and grant unto Sir Edward Mundaye (_sic_) of Marketon in the county of Derby knight, the compass set by him the said John Gaunt betwixt those marks as were thereafter mentioned (that was to say) a clough at the east end of the said premises and a pearle of water which runns southewarde betwixt and a place called the Banke or otherwise Over Boothesleye; also a clough and a water, which runns eastward betwixt and a place which is called Boothesleye Grange and so it goes up close bye the water side pointinge westwards and so it goes up after the southe side of a piece of grounde which is called the Rye Pingle, from thence streight up to the top of the Hill which is called the Lady Edge, situate lyeinge and beinge in the Highe Frithe within the parish of Alstonefield aforesaid and countye of Stafforde aforesaid and from thence streight to the Highe Road, that goes betwixt Longenor and Leek, pointeinge northeward and so it goes down bye the roade side untill it comes directlye against that cloughe at the east end; withe free libertye to drive off enclose or take inn, so farr as the compass aforementioned extends; to the onlye proper use and behoofe of that one messuage or farme called Hawkesyarde or otherwise Hawkesearthe aforesaid, likewise free libertye of commoninge and turbarie throughout the waste of the mannor of Alstonefield aforesaid; and they did therefore deliver to the said John Weston his heirs and assigns full and peaceable possession etc. The witnesses were John Walker, Thomas Mundye gent, Thomas Brunt, John Oakes yeoman and Thomas Mundy (_sic_);

In this deed there is an evident desire on the part of the draftsman to strengthen and even to extend the rights and privileges appurtenant to the Hawksyard estate, which then included a house of considerable importance, occupied by Ralph Bradbury and Maud his wife. Towards the end of the deed a belated attempt at a recital of the earlier John of Gaunt deed is added, with extracts giving the full description of the boundaries; and this earlier deed is treated as the root of title to Hawksyard.

The question and the only question we have to consider is whether these two deeds give us a true account of the origin and early history of the place-name Hawksyard? At first sight it would appear that they do; but unfortunately there is much in the earlier deed to arouse suspicion. It is not that the story of John of GauntaEuro(TM)s visit to Highe Frith is improbable, on the contrary he rebuilt and occupied Tutbury Castle twenty miles away; nor is there any reason to think that in those days Sir Edward Mundy would hesitate to ask the duke for a few acres of rough moorland waste, as a memento of a red-letter day in the history of the Mundy family. Perhaps such a request, under the circumstances, constituted true politeness in the middle ages; or he may have wished to commemorate the day by building a house on the land to bear the name Hawksyard; but, however probable these surmises may be, there are many things in this alleged deed of gift which suggest a date much later than the reign of Richard II and cast a doubt as to its _bona fides_.

In the first place it is obvious that the date 15th May 1399 cannot be correct, as John of Gaunt died in January or February 1398; further the deed states that the duke visited Highe Frith on the 10th May 1399, which was impossible; and it is perhaps equally surprising to find that a deed, dated in the reign of Richard II, should refer to the first year of Henry IV, whose reign had not then begun and might never have occurred.

These impossible dates require explanation, but our difficulties do not end with dates; the writing in the John of Gaunt deed is not characteristic of the period, it is not uniform throughout, the body of the deed being written in characters of the rugged native script, the names of the witnesses being added in a flowing Italian hand of the Elizabethan period. Attention should also be called to the fact, that of the five witnesses in whose presence the duke is said to have affixed his seal, not one of them was above the rank of gentleman. The seal is impressed with a hunting horn, suggestive of forest heraldry, but the royal arms of the son of Edward III do not appear on this seal; and, if the hunting horn is in its proper heraldic position, the point of the shield is at the top.

As above stated, the form of the deed is unusual and follows no precedent; many words are more suggestive of the classics than the customary usage of diplomatics in the 14th century. _Equitem_ takes the place of the more conventional _militem_; _nuncupatur_ is used instead of _vocat_ and _coram_ instead of _testibus_. Each of the first four witnesses is described as gent and the last as attorney, while Derby is written once in English; further, the exact legal effect of the deed seems to be intentionally vague; it is headed _conventum_, meaning a covenant, but in the subsequent deed of 1568 it is referred to as a grant. The full description of the land in the later deed, with all its boundaries and appurtenant rights, suggests that the Elizabethan draftsman had some doubt as to the true facts; these details being apparently exploited with some ulterior intent.

In comparing the size make-up and general appearance of the two deeds, it is impossible not to see in them a strong resemblance; they are both typical of the time of Elizabeth, the deed of 1399 is too large and too coarse for a charter of that date. The fact that one is in Latin and the other in English makes the comparison less easy; but in both we find similar parchment ink and seals; the script is much the same in both deeds, each having the dates written in the same bold Arabic numerals; and the later recites the earlier deed.

It would not be difficult to find other points of resemblance between these deeds; and it is impossible to compare them without coming to the conclusion that they were prepared at the same time by the same person, with the definite object of making a good title to the Hawksyard property, on the sale to John Weston.

This forces us to the conclusion that the John of Gaunt deed is not altogether trustworthy; and we have to consider whether or not the information it contains, with regard to the origin of the place-name Hawksyard, can be relied on; or if we must treat its whole contents as pure fiction and entirely discredit all it tells us of the hawking party in Highe Frith.

There must be some explanation of this extraordinary deed; and it may yet be possible to find a solution of the problem. Here is the deed! How can we account for it? How much of what it tells us may we accept as truth? To what extent is its story supported by extraneous evidence?

The points as to which we require information are; whether John of Gaunt was in a position to give and grant lands in the Highe Frith to Sir Edward Mundy or had he only the rights of an overlord? Why did he hesitate before complying with Sir EdwardaEuro(TM)s request? Was he in doubt as to whether the land were his to give or whether he held as tenant _in capite_? Did he execute a deed of gift or did the gift rest on a verbal promise, Sir Edward taking possession of the lands and converting them to his own use? Did the lawyer of 1568, who carried through the sale to Weston, act _ex fide bona_ and endeavour, according to his lights and the practice of his time, to put the title to Hawksyard in order, for the mutual benefit of both vendor and purchaser?

For answers to these questions we must return to the days of John of Gaunt.

In 1398 Richard II, seeing that his uncle John of Gaunt was in failing health and that JohnaEuro(TM)s son, Henry Bolingbroke earl of Hereford, might press his claim to the throne of England in case of RichardaEuro(TM)s death without issue, took advantage of a quarrel between Bolingbroke and the duke of Norfolk, in which each accused the other of treason, to banish them both from the realm.

The loss of his son fell heavily on John of Gaunt, who died at the end of January or the beginning of February 1398; and it is important to bear in mind that the year 1399 began on the 25th March and not the 1st January.

Richard, being free for a time from the menace of the House of Lancaster, seized the whole of the Lancastrian estates in the absence of the banished heir and crossed to Ireland to complete his conquests and strengthen his hold on that country.

During RichardaEuro(TM)s absence in Ireland the banished Henry, hearing the news of his fatheraEuro(TM)s death and the confiscation of the Lancastrian estates, landed on the Yorkshire coast with a few trusted friends and three thousand men-at-arms.

He was at once joined by the great barons of the north and with an army, which increased as it advanced, he ultimately reached London; where he was well received by the people, who were tired of Richard and looked to Henry as their future king.

On hearing the news of HenryaEuro(TM)s return Richard, after much delay through rough weather, recrossed the Irish Channel to Milford Haven, only to find that both his friends and his armies in England had melted away and that his kingdom was lost.

He was forced by Henry and his supporters to resign his crown and, in Westminster Hall on the 29th September 1399, his resignation was received with shouts of applause; on the following day his cousin Henry Bolingbroke, son and heir of John of Gaunt, was proclaimed King of England as Henry IV.

On HenryaEuro(TM)s accession he regained the estates of the duchy of Lancaster, which however remained in his hands as crown property.

The above events and the dates on which they occurred are of importance in considering the two Hawksyard deeds; and if we are to understand how and why they came into existence, we must also trace the early history of Highe Frith and learn something of the conditions then prevailing as to the holding and devolution of landed estates in England; more especially with regard to earldoms honours and manors, which formed the basis of the feudal system.

When we clearly understand the way in which land in England was held in pre-reformation days, it will perhaps be possible to see whether the facts set forth in the deed of gift of the 15th May 1399 were consistent with the early history of the manor of Alstonefield; and whether John of Gaunt was shortly before his death in a legal position to comply with the request of Sir Edward Mundy.

As already stated Hawksyard was in Highe Frith, part of the manor of Alstonefield, and a manor was an estate in fee simple in a tract of land granted by the sovereign to a subject, usually a man of some consequence, in consideration of certain services.

He was the lord of the manor and he reserved for his own use such parts of the land as he required, which were called the demesne lands; other parts he granted out to his tenants, under varying conditions which included estates of inheritance, estates for life, for years and at will; the barren lands which remained in his hands were what was known as the commons and wastes of the manor or the foreign lands. The whole formed a manor or lordship which had its own courts and customs and enjoyed feudal privileges, which extended not only to the lands held by tenants but also to the commons and waste lands.

When many manors, perhaps extending into several counties, were held by one great baron or overlord they formed an honour which was held of the king _in capite_; this was quite different in character to the manor. It was a jurisdiction, vested in private hands, and not a territorial possession; the lords of the manors retaining their separate manorial organisation and rendering suit and service to their overlord.

Manors also formed part of the earldom or shire; for some time after the conquest an earl also had the title of count and from the counts the shires took the name of counties. The title however soon disappeared in England but we still retain countess, county and viscount.

When a great earldom honour or manor fell by forfeiture or escheat into the hands of the sovereign which constantly happened, it retained its distinct corporate existence and the whole apparatus of jurisdiction or tenure. Under its own title it either continued in the possession of the sovereign or was granted out again as a hereditary fief.

The manor of Alstonefield appears to have been included in different earldoms and different honours at different dates, prior to the time when it came into the hands of John of Gaunt and his first wifeaEuro(TM)s ancestors.

At the taking of the Domesday survey in 1086, Alstonefield manor was held as a knightaEuro(TM)s fee by Robert count of Shrewsbury with William de Malbanc under him as lord of the manor. The Shrewsbury overlordship did not last long and Alstonefield, which seems to have been much in request, possibly owing to its grouse moor, was transferred to the honour of Chester under Hugh Lupus; to whom William had, three years after the conquest, given the earldom of Chester and William de Malbanc, of Wich Malbanc now Nantwich, held the position of lord marcher under Lupus, so that the lordship of Alstonefield formed part of the marchlands or boundaries of the honour of Chester on the east, over which William de Malbanc would have supreme control as lord of the marches.

That part of the manor which lay between Leek and the river Dove, including the site of Hawksyard, was chiefly forest and moorland; shortly after the conquest and for many centuries after, it was known as Malbanc Forest; but in 1220 the Malbanc barony devolved on three co-heiresses, who held Alstonefield in co-parcenary.

On the forfeiture of a third share by the eldest daughter, then countess of Warwick, it came into the possession of Hugh le Despencer, though how he got it is not clear, and this share included the tract of barren moorland known as Highe Frith of Malbanc Forest.