Transcription of original document held at Lancashire Archive.
DDHE64/16
This Indenture made the first day of March in the year of our Lord One Thousand Seven hundred and thirty three Between the Honourable Charles Stourto(n)Walmsley of Dunkin hall in the County of Lancaster Esquire and the Right Honourable Catherine Lady Peter his wife on the one part and Thomas Hesketh of Rufford and Roger Nowell of Read both in the said County Esquires and Rebeccah Nowell Widow Mother of the said Roger Nowell on the other part Whereas the said Charles Stourton Walmsley and Catherine Lady Peter / in right of the said Catherine are seized of and well entitled to the Manor or Lordship of Billington in the Parish of Blackburn and County aforesaid and they the said Thomas Hesketh and Roger Nowell are seized of and entitled unto the Manor or Lordship of Harwood in the said Parish and County, to wit the said Thomas Hesketh of two third parts thereof three parts to be divided and the said Roger Nowell of the other third part of the same and she the said Rebeccah Nowell hath an Estate for life by way of Jointure in the third part of the said Manor of Harwood belonging to the said Roger Nowell her son as aforesaid And Whereas the said Manors and the Commons and wastes belonging to the same adjoin together for a considerable Space and Severall Disputes and Differences have arisen or been likely to arise touching the extent and boundaries of the said Manors or Lordships and the (missing?) and wastegrounds there unto belonging But by the Meditation of friends the said Differences have been Compromised and agreed and the Boundaries betwixt the said Manors or Lordships settled in manner here after mentioned Now this Indenture witnesseth that for preventing all future disputes relating to the extent and boundaries of the said Manors or Lordships so far as they adjoin together and for establishing and ascertaining the same and rendering them plain and obvious to all future ages It is hereby covenanted granted Concluded and fully agreed upon by and between the said partys to these presents for themselves and their Heirs And they do hereby severally own acknowledge grant and agree that the Extent and boundaries of the said Manors or Lordships and of the wastes and commons thereunto belonging so far as the(y) lye and adjoin together always were and of Right ought to be and shall for ever hereafter rema(i)n continue and be as followeth that is to say, Beginning at the Mid stream of the River Calder and so along the fences separating the inclosed lands in Billington aforesaid from those in Harwood aforesaid to an Old Wall or boundary Mark at the Edge of the moor or Common – and from thence in a Direct line to another Stone or boundary Mark setup or intended to be shortly setup and Distant from that last mentioned about ten Roods reckoning Seven yerds to the rood and Standing betwixt a place or Hill called the Swine Hill and another called the craven (?) Hill —— and from thence in a direct line to another Stone or boundary mark setup or intended to be shortly setup and Distant from that last mentioned about thirty Roods and an half of the measure aforesaid and Scituate about the Middle way between that post of Fryor Cawsey which is at the last end of Browhill and a certain large Stone which is fixed or Settled in the Ground and commonly called the Gaping Stone —– And from thence in a direct line to another Stone or boundary mark setup or intended to be shortly setup and distant from that last mentioned about Fifty Roods of the measure aforesaid and Scituate betwixt Miles Hill and a certain House called the lower white carr— and from thence in a Direct line to another Stone or boundary mark set up or intended shortly to be set up and Distant from the last mentioned about Fifty Eight Roods of the measure aforesaid and fixed about nine or ten yards from the Northwest corner of a field or close of Land in Harwood aforesaid and called the Barnfield being part of the Lands belonging to a House called the Higher whitecarr —– And from thence in a direct line to a large Stone or boundary mark setup or intended to be shortly setup and distant from that last mentioned about forty Eight Roods of the measure aforesaid and fixed or placed about ten Roods of the measure aforesaid from the North side of a certain Hill called Shercliff or Stonecliff [or Stancliff]and near the great end of the said Hill —— and from thence in a direct line to another Large Stone or boundary mark setup or intended to be shortly setup and Distant from that last mentioned about Twenty four Roods of the measure aforesaid and placed on the North side of a little Hill called the Gray Stones —- and from thence in a direct line to another Stone or boundary mark setup or intended to be shortly setup and Distant from that last mentioned about One Hundred Roods of the measure aforesaid and placed or fixed between the East End of a certain Hill called whittle Hill and an House to the Southward of the said Hill called Whittle house – and from thence in a direct line to another Stone or boundary mark setup or intended to be shortly setup and distant from that last mentioned about Eighty Six Roods of the measure aforesaid and placed at the foot of a certain Hill called the Green Snodworth and on the west side of a Slack or hollow / part of the said Moor or Common / which leads downward to the Northwest corner of a close or field in Harwood aforesaid called the Royal Hey Nook being Distant from the corner of the said close or field about Twenty Roods of the measure aforesaid —- And from thence in a direct line to another Stone or boundary mark setup or intended shortly to be setup and distant from that last mentioned about fourty five Roods of the measure aforesaid and placed on the south side of the aforesaid Hill called Green Snodworth and distant about Thirty Six Roods of the measure aforesaid from the Northwest corner of a certain close or field called the Round Meadow being part of the Royal Hey Estate in Harwood aforesaid And from thence in a direct line to another Stone or boundary Mark setup or intended to be shortly setup and distant from the last mentioned about fourty Roods of the measure aforesaid and fixed or placed on the South side of the said Hill called Green Snodworth near the footpath that Leads from the head of a Rivulet or Small Brook called the Dean / to Whalley and Distant from the said Rivulet about thirty Six Roods of the measure aforesaid — And from thence in a direct line to another Stone or boundary Mark setup or intended to be shortly set up and Distant from the last mentioned about fourty Roods of the measure aforesaid and fixed or placed adjoining or very near to the common Road or Highway Leading from Blackburn to Whalley betwixt the Black Slack and an house / to the Northward of the said Stone or boundary Mark /called Snodworth —- and from thence in a Direct line to another Stone or boundary mark setup or intended to be shortly setup and Distant from the last mentioned about thirty three Roods of the measure aforesaid and placed or fixed betwixt a Large Earth Jact Stone / commonly called the boundary Stone betwixt Wilpshire other Lipshire Harwood and Billington aforesaid / and the lowmost or north end of an old cop or Ditch which Divides Rishton and Harwood aforesaid — AND it is hereby declared and agreed by and between all and every the said partys to these presents that the several places before mentioned and described are and shall forever hereafter be esteemed owned and accounted as the boundaries of the said Manors of Billington and Harwood and of the wastes commons thereof so far as the(y) lye or adjoin together And that they the said Charles Stour(ton)Walmsley, Catherine Lady peter, Thomas Hesketh, Roger Nowell and Rebeccah Now(ell)and every of them their and every of their Heirs shall and will at any time here-after on request to be made for that purpose by any of the partys hereunto their or any of their Heirs make and Execute any further or other lawfull and reasonable act and acts thing and things conveyances and assurances in the Law what so (ever) for the farther better and more perfect Establishing and confirming these pres(ents)and the boundaries hereby Settled and agreed upon such farther assurances to be a(t)the Equal Expence of the Lords of the said Manors for the time being that (is) to say, one half thereof at the Expen(c)e of the said Charles Stourton Walmsley and Catherine Lady peter or their Heirs and the other half thereof at the Expence of the said Thomas Hesketh and Roger Nowell or their Heirs And Lastly it is hereby agreed that when and as often as any of the Stones or boundary Marks aforementioned shall fall down be pulled Down removed Sunk or taken away the same or others in their Stead shall be fixed or set up in the places before described where the old ones Stood at Such Expence as aforesaid In Witness whereof the said partys to these presents have hereunto Interchangeably set their Hands and Seal the Day and year first above Written
Sealed and Delivered by the within named Charles Stourton Walmesley and Catherine Lady Peter in the Presence of Henry Porter Wm. Birket
Sealed and Delivered by the within named Roger Nowell in the presence of Henry Port and Chris. Grimshaw
Sealed and Delivered by the within named Thomas Hesketh in the presence of Thos. Clayton and Jas. Graves Junr.
Sealed and Delivered by the within named Rebeccah Nowell in the Presence of Thos Clayton Jno. Greaves Junr.