I’ve finally been able to fully transcribe this amazing 16th century vellum document relating to Castle Bromwich. Essentially it’s a legal agreement (an indenture) dated the 2nd of July 1594 (the 36th year of Queen Elizabeth I’s reign), made between:
• Thomas Holbache (a yeoman from Corley, Warwickshire). And…
• Edward Wright (a husbandman from Castle Bromwich, Warwickshire
John Watton (a yeoman from Holbrooke, Derbyshire) had previously sold and conveyed certain properties in Castle Bromwich, via separate deeds:
• To Thomas Holbache (and his heirs forever):
• One cottage, orchard, and garden (occupied by Francis Ensur)
• Another cottage, orchard, and garden
• Two strips of arable land (selions, occupied by John Yates)
• One enclosed piece of land called “Orland” (occupied by John Vale)
• To Edward Wright (and his heirs forever):
• One cottage with orchard, garden, croft, and one acre of land
These earlier deeds were dated 4 February 1590 (32nd year of Elizabeth I) and 8/10 September 1593 (35th year).
The earlier conveyances were not fully secure under the law of the time so to make the titles stronger and more permanent (creating a better public record and barring future claims), the parties agree that John Watton and his wife Isabel would levy a fine (a formal court procedure in the Court of Common Pleas that finalised land transfers through a fictitious lawsuit).
The key terms of the agreement were as follows…
• John and Isabel Watton will acknowledge in court (at the shared cost of Thomas and Edward) that the properties are the rightful property of Thomas and Edward.
• The fine will describe the properties broadly as: two messuages/cottages, gardens, orchards, and 20 acres of land/pasture in Castle Bromwich.
• John and Isabel will warrant (guarantee) the title against all claims.
• The fine will be to the following separate uses:
• The properties originally granted to Thomas Holbache and his heirs forever.
• The property originally granted to Edward Wright and his heirs forever.
• Thomas Holbache promises that Edward Wright (and his heirs) can peacefully enjoy his property without interference from Thomas or anyone claiming through him.
• Edward Wright makes the same promise in return for Thomas Holbache’s property.
In short, this document is a binding agreement to complete the land sales by levying a fine, ensuring each buyer gets clear, separate ownership of their respective properties free from future disputes. It was common in the late 16th century to use this method to perfect title after an initial private deed. The parties signed and sealed interchangeable copies on the date given.
As mentioned, several other people are named besides the main parties (Thomas Holbache and Edward Wright):
• John Watton (yeoman, Holbrooke, Derbyshire): The original seller/grantor of all the properties. He (with his wife) previously conveyed the land via deeds and now agrees to levy the fine to perfect the titles.
• Isabel (Izabell) Watton: John Watton’s wife. Mentioned because, under 16th-century English law, a married woman had to be separately examined in court during a fine to release her dower rights (potential future claim to one-third of her husband’s lands).
• Current tenants/occupiers (mentioned to identify the properties):
• Francis Ensur: Tenant of one cottage, orchard, and garden granted to Thomas.
• John Yates: Tenant of the two selions (strips) of land granted to Thomas.
• John Vale: Tenant of the close called “Orland” granted to Thomas.
These tenants are named only to describe and locate the specific parcels of land; they have no rights or obligations under the agreement.
Another amazing peek into the history of Castle Bromwich and a beautiful remnant of the areas history.
