The deed passes the farm of Bishopside to Nicholas Fairlamb and
his heirs. This page deals with the document; for details about
the land and farm-buildings—including the ruin of Low Bishopside—visit
the Bishopside page.
The deed was made between Sir John Fenwick of Wallington and Nicholas
Fairlamb, described as a yeoman of Allendale.
A yeoman was a man of some standing, usually signifying a small
landowning farmer, at a time when many people were labourers or
tenants of large landholders.
In 1650 Sir John Fenwick was disposing of much of his property
and it is possible this sale was part of that process.
A William Fenwick writes a further statement on the reverse in
June 1652, this is later than the indenture and may be part of some
internal audit procedure of the Fenwick estates.
Most of the document is couched in legal jargon of the time and
asserts Sir John Fenwick's right to sell the land.
17th March 1650 A Conveyance of Upper
Bishoppside House Sir John Fenwicke to Nicholas Fairlamb
N.I.
Signed sealed and deliv[er]ed in the presence of
us
Signed in p[re]sents
James + Creswell his mark John Carnaliy...
John Creswell James + Creswell his marke
Henry H Armstrong his marke
Hugh Heslopp Scriptor
Be it knowne unto all whome it doth or may concerne
t[ha]t I William Fenwicke of the Hermitage Esq[uir]e doe
give my full consent to this Indenture in witnesse where of I
have sett my hand the 16th day of June 1652
(front of document)
This Indenture made made the sewentoonth day of
March in the yeare of our Lord God one thousand six hundred and
fiftie Betweene
S[i]r John Fenwicke of Wallington in the county
of Northumberland kn[igh]t and barron[et] on thone parte and Nicholas
Fairelamb the younger of Over
Bishoppside in Allendale of the Manno[r] of Anike
Grange and within the county of Northum[berland] aforesaid yeom[an]
on thother parte. Wittnesseth that the said S[i]r John
Fenwicke for diverse good causes
and lawfull condiseratons him therunto moveing
and aspecally for and in consifderation of the sume of thirty
seaven poundes lawfull English money to him in hand paid att and
before the
sealing and delive[r]y of these p[archme]nts the
receipt whereof he the said S[i]r John Fenwicke doth acknowledge
and thereof of ev[er]y parte and p[a]rc[e]ll therof, doth clearly
acquitt exon[er]ate [and] discharge
the said Nicholas Fairelamb his heires Executors
Administrat[ors] and Assignes and ev[er]y of them by these p[archme]nts
hath granted bargained aleyned, sold enfeossed and confirmed and
by these p[archme]nts
doth fully clearly and absolutely grant, bargain,
aleyne, sell enfeosse and confirme unto the said Nicholas Fairelamb
his heires, executors, administrators and assignes for ever, All
that his
one messuage tenent[cy] or farmhold comonly called
and knowne by the name of Over Bishoppside , situate standing
lyeing and being in Allendale of the Manno[r] of Anicke Grange
aforesaid
within in the said county of Northum[berland] now
in the tenure or occupa[t]ion of the said Nicholas Fairelamb which
said messauge tenent[cy] or farmhold was sometimes or late taken
or reputed to
be parte p[ar]cell of, appertinent or belonging
to one capitall messuage tenent[cy] farmhold in Allendale aforesaid
comonly called and knowne by the name of the Old Towne als[o]
the Ald Towne together with all houses, edifices,
holdings, barnes, stables, orcharde[s], gardens, yards, …sides,
…., tenem[ents], meadowes, feedings, pastures, p…, comoditiyes
comon of pasture hereditants and appurting whatsoev[er]
to the said messuage or tenent[cy] and p[re]mises belongeing,
or in any wise appertaineing, and the rever[t]ion and rever[t]ions,
remainder
and remainders of all and singular the before men[t]ioned
p[re]mises And also all the estate, right, title, interest, use,
possession, p[ro]perty, claime and demand whatsoever of him
the said S[ir] John Fenwicke, of in or to the same
or to any parte or p[a]r[c]ell therof. To have and to hold
the said messuage, tenen[tcy] or farmhold and all singular
other the p[re]mises hereby granted bargained and
sold or men[t]ioned to be herein or hereby granted bargained and
sold, with their and only of their rights, members and appur[t]ions
whatsoev[er] unto the said Nicholas Fairelamb his
heires, executo[rs] administrato[rs] and assignes to the only
p[ro]per use and behoofe of the said Nicholas Fairlamb his heires
and assignes
for ever yielding and payeing therefore
yearly and ev[er]y yeare for ever unto the said S[ir] John Fenwicke
his heires executo[rs] administrato[rs] and assignes the rent
or sume of fower
shillings att the feasts of Saint Michaele th[e]
archangel and the Annuncia[t]ion of the blessed virgin Mary by
even and equall por[t]ions And the said S[ir] John Fenwicke
for himselfe his heirs
executo[rs] administrato[rs] and assignes and for
every of them doth covenant condi[t]ion p[ro]mise and grant the
said messuage tenen[tcy] or farmhold and all singular other the
p[re]mises before
granted bargained and sold unto the said Nicholas
Fairelamb his heires executo[rs] administrat[ors] and assignes
to the onely proper use and behoofe of the said Nicholas Fairelamb
his
heires and assignes for ever against him the said
S[ir] John Fenwicke his heires and assignes and all and every
other p[er]son and p[er]sons lawfully claimeing by from or under
him them
or any of them shall and will warrant and forever
defend by these p[archme]nts And the said S[ir] John Fenwicke
for himself his heires executo[rs] administrato[rs] and asignes
doth coventant
condi[t]ion and grant to and with the said Nicholas
Fairlamb his heires executo[rs] administrato[rs] and assignes
and to and with every of them, that he the said S[ir] John Fenwicke
at the time of the sealing and deliv[er]y of these
p[archme]nts is and standeth seized of and in the said messuage
or tenant[cy] and all and singular other the p[re]mises in and
by these p[archme]nts
granted bargained and sold with all and every their
rights, members and appur[t]ions of a good price p[ro]feit and
indefezible estate of inheritanse in fee simple, without and condi[t]ion
rever[t]ion
remainder or limita[t]ion of any use or uses estate
or estates in or to any p[er]son or p[er]sons whatseover to alter
change defeate, determine or make void the same; And that
the said S[ir] John Fenwicke att the time of the
sealing and delivery of these p[archme]nts, hath full power good
right and lawfull Authoritye to grant bargaine, sell and convey
all
and singular the before hereby granted or men[t]ioned
to the granted p[re]mises, with their and every of their appur[t]ions
unto the said Nicholas Fairelamb his heires and assignes
in manner and forme aforesaid And that he
the said Nicholas Fairelamb his heires and assignes and every
of them shall or may by force and vertue of these p[archme]nts
from
time to time and at all times for ever hereafter
lawfully peaseably and quietly have hold occupye possesse and
p… the said messuage or tenant[cy] and all and singular the
before grantedd p[re]mises with their and every
of their rights members and appur[t]ions without any lawfull lett
suite trouble, deny all interrupt[ion] evic[t]ion or disturbance
of the
said S[ir] John Fenwicke, his heires or assignes
or of any other p[er]son or p[er]sons whatsoev[er] lawfully claimeing
by from or under him, them or any of them or by his or their
meanes, art, consent, title interest, privity or
p… And that free and cleare and freely clearely acquitted
exon[er]ated [and] discharged, or otherwise from time to time
well and suffisiently saved and kept harmlesse,
by the said S[ir] John Fenwicke his heires and executo[rs] or
administrato[rs] of and from all and all manner of former and
other gifts grants bargaines,
sales, leases, mortgages, jointures, dowers, title
of dower, statute marshant and of the staple recognizance, extents,
audgents, executions, uses intailes, rents, arrearages of rents
forfeitures, fines issues and amer..iaments and
of and from all and singular other titles, troubles and incumbrances
whatsoev[er] had made, comitted, suffererd, or done by the said
S[ir] John
Fenwicke his heires or assignes or by any other
p[er]son or p[er]sons whatsoev[er] lawfully claiming the same
, or by his or by their meanes, consent, privaly or p[ro]virent
And the said
S[ir] John Fenwicke for himself his heires executo[rs]
administrato[rs] and assignes doth covenant condition and grant
that to the said S[ir] John Fenwicke his heires and assignes shall
and
will from time to time and at all times for and
during the space of seaven years next ensueing date hereon and
upon the reasonable request, and att all costes and
charges in the law of him the said Nicholas Fairelamb
his heires and assignes make, doe, p[er]forme, acknowledge, leavy,
execute and suffer or cause to be made done performed
knowledged leavyed executed and suffered all and
every such art and arts lawfull and reasonable art and art thing
and things, devise and devises, assurance
and assurances and conveyances in the law whatseover
for the further better and more p[er]fect assurance surety, sure
in a being and conveyancing of all and singular
the before granted or mentioned to be granted p[re]mises
with their and every of their rights members and appur[t]ions
unto the said Nicholas Fairelamb his heires
executo[rs] administrato[rs] and assignes, be itt
by fine or fines, feoffint or feoffints, deed or deeds, inrolled
or nor inrolled, the inrolling of these p[archme]nts recov[er]y
or recov[er]yes
w[i]th single or double voucher or vouchers, release
or confirmation or by all and ev[er]y or any the wayes and meanes
aforesaid, as the said Nicholas Fairelamb his heires and assignes
or by his and their counsell learned in the lawes
shallbe reasonably devised advised or required. Soe as the said
S[ir] John Fenwicke his heires or assignes foryev[er] making
such assurance shall not be compelled to travaile
further than the towne and county of Newcastle upon Tyne or the
City of Durham In wittnes whereof the aforesaid
playe[r]s to the sundry p[ar]tes of this p[archme]nt
indenture of bargaine and sale interchangeably have set to their
hands and seales the day and XXXX
John Fenwicke
The
oldest document regarding the Fairlambs of Allendale is an indenture
(a document of sale) dated 17 March 1650.
The
sale was made on 17 March 1650. King Charles I had been executed
the previous year, and Cromwell had decreed that such documents
be made in English so the common man could understand them. Prior
to that many of these legal documents were still written in Latin.