STANDISH OF DUXBURY
2. Standish of Duxbury Muniments
2N. 7 ‘New’ Documents
2N6. 1649 2 April
Helen Moorwood 2013
This is extremely valuable in providing some background information on one of the elusive Richards. The one in this document is unequivocally named as the son of Thomas, deceased. Father Thomas had had a previous agreement about these lands in Whittle-le-Woods in 1635. This leaves little to no doubt that this deed names Richard[12A3] son of Thomas[11A1]. This Richard was baptised in 1621 and, having made no appearance in the Standish of Duxbury Muniments, was assumed to have died by 1642, when he was not mentioned in his father’s Will. This document, however, proves that he was still around in 1649, receiving an annual rent of 4s (and a hen at Christmas!), two years after his ‘cousin’ Colonel Richard had taken over Duxbury Hall and dependent estates. From this document we know that when Margaret widow of Colonel Alexander (this Richard’s elder brother) handed over all to Colonel Richard in 1647, it was despite the fact that THREE surviving males of Family A were still alive. Richard’s Uncle Alexander(11A4) and Richard’s younger brother Gilbert[12A4] have already been dealt with in CR’s and A4’S biographies. It was difficult to know how and where to fit this information in.
Even now, all that is known is that this Richard[12A3] was still alive in 1649, but had no other known previous or further contact with his own Family A or Colonel Richard’s Family B. One might assume that he had died before 1655, when Uncle Alexander A4 put in his claim, and certainly by 1657, when brother Gilbert took Colonel Richard to the Lancashire Assize Court again. On the Family Tree his dates are therefore recorded as 1621-1649>1655, meaning he died after 1649 but almost certainly before 1655. One hopes he enjoyed his hen at Christmas during these last few years. Turkeys had not yet found their way to Duxbury, Lancashire, despite them running around in the woods in Duxbury Massachusetts, where his ‘cousin’ Myles was eating them at the autumn/ winter festival, the forerunner of Thanksgiving.
Curiously it was signed and sealed on the back, but not until 1659 – and without Richard Standish’s signature. It certainly seems that by then he had truly passed away.
Lease for 99 years – Standish to Withnell - 1649
This Indenture made the third day of Aprill in the yeare of our lord, according to our English Computac[i]on one thousand six hundreth forty Neene,
Betweene Richard Standish of Duxbury in the county of Lancaster, Esquire, uppon th’one p[ar]te,
And Richard Withnell of Whittle in le woods in the County aforesaid, husbandman, uppon th’other p[ar]te,
Witnesseth that wheras Thomas Standysh, late father of the said Richard Standish, by his Indenture of Lease Lawfully executed, demysed unto Edward Woodcock, late of Whittle afforesaid, deceased, amongst other things,
One Close or p[ar]cell of ground in Whittle afforesaid, knowen by the name of the Little Masse, contayninge five acres or theraboutes, as by the s[ai]d Indenture, bearing date the twenteeth day of February Anno d[omi]ni 1635, it doth appeare,
W[hi]ch said Indenture and all buildings, Closes and p[ar]cells of ground therein Contayned, the said Edward Woodcock assigned over unto Christopher Litherland of Whittle afforesaid, husbandman,
And the said Christopher Litherland, in Considerac[i]on of the summe of Neene pounds, assigned over and graunted unto the said Rich[ard] Standish, his heires and Assignes, all and singuler that the said Closse and p[ar]cell of ground called the Little Mosse in the said Indenture of Lease specifyed,
To have and to hould unto the said Rich[ard] Standish, his heires and assignes, for and duringe all such tearme, tyme and space, w[hi]ch the said Christopher Litherland may, might or ought to have and enioy the same, and all his estate thereof,
He, the said Rich[ard] Standish, his heires and Assignes, freeinge and discharginge the said Christopher Litherland, his ex[ecuto]rs and Assignes, of fouer shillings p[er] ann[um] rent, and one henn p[er] Ann[um], in the said Indenture reserved;
Now this Indenture further witnesseth, and the said Richard Standish, for divers good causes and valuable Considerac[i]ons him thereunto moveing, and especiallie for and in Considerac[i]on of the Su[m]me of three pounds and tenn shillings of Lawfull English monney in hand paid by the said Rich[ard] Withnell att or before th’ensealinge and deliv[er]ing of these p[rese]ntes, the receipt whereof the said Richard Standish doth not only acknowledg, but thereof and of ev[er]y p[ar]te thereof doth clearly acquit, Exonoratt and discharge the said Richard Withnell, his ex[ecuto]rs, Adm[inistrato]rs and Assignes, and ev[er]y of them, for ev[er] by these p[rese]ntes,
Hath demysed, graunted, Sett, Lett and to farme betaken and Confirmed, and by these p[rese]ntes, in Considerac[i]on afforesaid, doth demyse, graunt, Sett, Lett and to farme betake and confirme, unto the said Richard Withnell and his assignes,
All and singuler the said p[ar]cell of ground and p[re]misses called the Little Mosse, and all ways, passuages, waters, watercourses, Issues, p[ro]fittes and tennantly advauntages thereof or thereunto belonginge, or in any wyse app[er]taineinge,
To have and to hould all and Singuler the said p[ar]cell of ground and p[re]misses, and all ways, passuages, waters, watercourses, Issues, p[ro]fittes, Comodityes and tennantly advauntages, w[i]th th’appurtenances thereof or to the same belonginge or in any wyse app[er]taininge, unto the said Richard Withnell and his Assignes,
From and after the sealinge and deliv[er]y of these p[rese]ntes, for and duringe all the tearme, tyme and Space of Nynty Neene yeares thence next ensuinge and fully to be complett, ended and Determyned,
If Izebell, now wyfe of the said Rich[ard] Withnell, Thomas Withnell, naturall sonne of the said Richard and Izebell Withnell, and Rich[ard] Withnell, son of Henry Withnell, and grandson of the said Richard Withnell, or any of them fortune soe longe to Live,
Yeeldinge and payinge yearly therefore duringe the said tearme, unto the said Richard Standish, his heires and assignes, the yearly rent of fouer shillings of Lawfull English monney, att the feast days of Penthiecost and St. Martin the Bishopp in winter, by even and equall porc[i]ons, togather w[i]th one henn at Christmas, yearly duringe the said tearme,
Provided always that if it happen the said yearly rent and boone, or any p[ar]te thereof, be behind and unpaid, in p[ar]te or in all, by the space of twenty daies next ensuinge any the feast days in w[hi]ch the same ought to be paid, beinge Lawfully demanded, and noe sufficient distresse or distresses Can or may be found in or uppon the said demysed p[re]misses to satisfy the same, togather w[i]th the arrerages thereof, if any be,
That then it shall and may be Lawfull to and for the said Rich[ard] Standish, his heires and assignes, into the said demysed p[ar]cell of ground and p[re]misses to re-enter, and the same to repossesse and have againe, as in his form[er] estate, any thinge in these p[rese]ntes to the Contrary in any wyse notwithstandinge,
Andthe said Richard Withnell, for him, his Executors and Assignes, doth Covenant, p[ro]misse and graunt to and w[i]th the said Richard Standish, his heires and Assignes, by these p[rese]ntes,
That he, the said Richard Witnell, his ex[ecut]ors or Assignes, shall and will repaire, maintayne, upphould and keepe in reparac[i]on tennantable, all the hedges, Diches, fences and watercourses unto the said p[ar]cell of ground and p[re]miss[es] belonginge, for and duringe all the tearme, tyme and Space herby graunted,
And in th’end thereof, in such Sufficient repaire Leave the same unto the said Rich[ard] Standish, his heires and Assignes,
And the said Richard Standish, for him selfe, his heires and Assignes, doth Covenant, p[ro]misse and graunt to and w[i]th the said Richard Withnell, his ex[ecut]ors, Adm[inistrato]rs and Assignes, and to and w[i]th ev[er]y of them, by these p[rese]ntes,
That he, the said Richard Withnell and his Assignes, all and singuler the said p[ar]cell of ground and p[re]misses called the Little Mosse, w[i]th all ways, passuages, waters, watercourses, Issues, p[ro]fittes and tennantly advauntages, hedges, diches, Copps, fences and appurtenances thereunto belonginge, for and duringe all the tearme, tyme and Space herby graunted, by and under the rentes and boones herby reserved, shall and may, quietly and peacebly, have, hould, occupie, possesse and enioy, w[i]thout the Lette, stopp, suit, Incumbrance, vexac[i]on, trouble or molestac[i]on of the said Richard Standish, his heires or Assignes, or any other p[er]son or p[er]sonnes whatsoev[er] Lawfully Clayminge the same by, from ot under him, them or any of them, in any wyse.
In witnes whereof the p[ar]tys abovesaid to the severall p[ar]tes of these p[rese]ntes have Interchangably put theire hands and Seales the day and yeare above said.
sign[um] p[redicti] Rich[ardi] Withnell
[the mark of the aforesaid Richard Withnell]
[Written on reverse:]
Sealed, signed and deliv[er]ed in p[rese]ntes of us
the mark of Christopher Litherland
Ri: Withnell Lease