It is not easy to give a true interpretation of this unconventional deed; the operative part, which should be clear and precise, being vague and inconclusive. The following is what may be accepted as a free translation conveying a general idea of the purport and effect of the deed:—
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.
Photo Ethel Eadon
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 × 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.
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 Gaunt’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.