Broadfield House Turton Road · Tottington · Lancashire

The Original Lease

25 March 1874 · Thomas Winter Potter to Thomas Worsley

A faithful, word‑for‑word transcript of the original parchment lease — preserved with the typewritten transcript’s own quirks of spacing and spelling.

The opening of the indenture parchment, with 'This Indenture' in illuminated calligraphy
The opening of the indenture parchment — “This Indenture” in illuminated calligraphy, with the embossed manorial seal and the body of the deed in copperplate script alongside.
The original 1874 lease parchment in full
The original parchment — signed by Thomas Winter Potter, witnessed by his butler William Ackland, and sealed with red wax.
View full size The original 1874 lease parchment, framed and mounted on a dark teal wall at Broadfield House
The deed today — framed and mounted at Broadfield House, more than a century and a half on.
View full size
Dated 25th March 1874
Thomas Winter Potter Esq., to Mr. Thomas Worsley
Demise of a plot of land situate at Tottington in the County of Lancaster for the term of 999 years
Rent — £5. 0. 0.

A short retelling, in plainer English

What the parchment actually says — the legal language unpacked.

On Lady Day — 25 March 1874 — a gentleman of Cheltenham called Thomas Winter Potter signed over a small corner of Lancashire to a Tottington music professor named Thomas Worsley. The plot was 637 square yards — a piece of a larger field already known as “the Broadfield” — running along the north‑easterly side of the turnpike road that climbs out of Tottington toward Turton.

The terms were generous in length, modest in price: a lease of 999 years, at a yearly rent of £5, paid half‑yearly on Lady Day and Michaelmas. The first instalment fell at Michaelmas that September; the last is not due until the year 2873.

In return, Worsley took on a builder’s covenant. Within twelve months — by 25 March 1875 — he had to erect, build and completely finish a house on the plot. The materials were specified: good brick or stone, lime mortar, oak or fir timber, the best slates. The dimensions were specified: at least fifteen feet of frontage, nineteen feet of elevation above the road. The plans and elevations had to be approved by the lessor in advance.

The house had to face the turnpike. Outbuildings had to sit at the back. The plot had to be fenced on three sides with neat, substantial fences at least five feet high, and kept that way for the duration of the lease.

Potter reserved a list of rights to himself: all minerals under the soil — coal, limestone, lime, clay, sand and gravel — together with rights of water and the right to build right up to the north‑east and south‑east boundaries of the plot. In turn, Worsley was forbidden from cutting any doors or windows on those two sides of any building he raised.

There were two prohibitions worth noting. The new house could not be used as an inn, spirit travel or beerhouse — no sale of “wine, beer or spirituous liquors” in any form. And no noisome, noisy or offensive trade could be carried on upon the land, nor anything that might be a nuisance or annoyance to Potter and his other tenants.

If the rent ran thirty days into arrears, or any covenant was broken, Potter could re‑enter the plot, expel the occupants, and treat the lease as forever void. So long as Worsley kept his side of the bargain, he and his executors, administrators and assigns were promised the quiet enjoyment of the plot for the whole nine hundred and ninety‑nine years.

Potter signed the indenture beside a red wax seal, witnessed by his butler William Ackland at Charlton Kings. The house Worsley built — finished within the year — took its name from the field. It stands there still.

The Full Transcript

Word‑for‑word from the original parchment

This Indenture made the twenty fifth day of March in the year of our Lord one thousand eight hundred and seventy four Between Thomas Winter Potter of East Court Cheltenham in the County of Gloucester Esquire (hereinafter called the said Lessor) of the one part and Thomas Worsley of Stormer Hill Tottington Lower End in the County of Lancaster professor of Music of the other part Witnesseth that in consideration of the rent hereinafter reserved and of the convenants conditions and agreements hereinafter contained on the part of the said Thomas Worsley his heirs executors administrators and assigns to be paid and performed He the said Lessor doth demise and lease unto the said Thomas Worsley his executors administrators and assigns All that plot of land situate at Stormer Hill aforesaid heretofore part of a close of land called the Broadfield situate on the northeasterly side of the turnpike road leading from Tottington to Turton bounded on the southwesterly side by the said Turnpike Road on the Northwesterly side by land now or late belonging to Mr. Samuel Heywood and on the northeasterly and southeasterly sides by other land belonging to the said Lessor and containing in length on the southwesterly side twenty eight yards or thereabouts on the northwesterly side twenty five yards eighteen inches or thereabouts on the northeasterly side twenty three yards or thereabouts and on the southeasterly side twenty five yards or thereabouts and containing in the whole within the said limits six hundred and thirty seven superficial square yards of land or thereabouts be the same more or less which said plot of land is more particularly delineated in the plan hereupon endorsed and is therein edged red

And all ways priveleges easements and appurtenances to the said plot of land belonging or appertaining (except and always reserved hereout unto the said Lessor his heirs and assigns or other the person or persons for the time being entitled thereto All mines veins and beds of coal and other minerals limestones lime clay sand or other gravel pits or quarries within or under the said premises hereby demised or any part therof with full liberty for him and them and his and their lessees agents and workmen to enter get take and carry away the same the person or persons exercising the aforesaid privileges paying for all damage to the surface to be occasioned thereby

And also except all rights of water watercoures and stream of water flowing in or through the said plot of land and all commons wastes or waste ground and all rights of common terbary and pasture whatsoever)

To Have and to Hold the said plot of land hereby demised with the appurtenances except and subject as aforesaid and also subject to all such rights as the Lord of the Manor of Tottington may be entitled to under or by virtue of the Deed of Enfranchisement of the said premises or otherwise unto the said Thomas Worsley his Executors administrators and assigns for and during the term of Nine Hundred and Ninety Nine years to be computed from the twenty fifth day of March instant without impeachment of waste (except as to houses or buildings)

Yielding and Paying therefor unto the said Lessor his heirs and assigns the clear yearly rent of Five Pounds by equal half yearly payments on the twenty fifth day of March and the wenty ninth day of September in every year without any deduction thereout whatsoever (except as after mentioned) the first payment thereof to be made on the wenty ninth day of September next

And the said Thomas Worsley doth hereby for himself his heirs executors administrators and assigns covenant and agree with the said Lessor his heirs and assigns that he the said Thomas Worsley His executors administrators and assigns will during the said term well and truly pay unto the said Lessor his heirs and assigns the said rent of Five pounds on the days and times hereinbefore appointed for payment thereof without any deduction thereout whatsoever (except in respect of income tax if payable)

And also will well and truly pay all taxes rates charges impositions and assessents whatsoever parliamentary parochial or otherwise charged or to be charged upon or in respect of the said hereby demised premises and all outgoings relating thereto

And also will on or before the twenty fifth day of March one thousand eight hundred and seventy five erect build and completly finish with all necessary fixtures and fastenings and at all times thereafter continue and keep erected and standing upon the said hereby demised plot of land or some part thereof one or more messuages or dwellinghouses or other buildings with suitable offices and outbuildings thereto which if let to a tenant or tenants would produce at least double the yearly amount of the said rent hereby reserved all such erections to be of good buck or stone or both to be set in lime mortar and with oak or fir timber and covered with the best slates

And each of such erections shall have a frontage of at least fifteen feet and not less than nineteen feet of elevation above the surface of the adjoining road to the square of the building and to be on a plan and elevation to be approved of by the said Lessor his heirs or assigns or his or their Agent for the time being

And will at all times keep the said buildings in good and tenantable repair and so leave the same at the expiration of the said term and such messuages or dwellinghouses as may be erected upon the said plot of land or any part thereof shall front the said turnpike road except the offices and outbuildings belonging thereto respectively which shall be built at the back of the houses and away from the said road

And also that he the said Thomas Worsley his executors administrators and assigns shall and will well and sufficiently and to the satisfaction of the said Lessor his heirs or assigns fence off and enclose the said plot of land hereby demised on the northwesterly northeasterly and southeasterly sides thereof respectively with neat substantial fences of the height of five feet at the least and during the said term keep the same fences respectively in good state and condition and of such height as aforesaid

And also that he the said Thomas Worsley his executors administrators and assigns shall not nor will commit or suffer any wilful or voluntary waste spoil or destruction in or upon the said demised premises or any part thereof nor convert any dwellinghouse or other buildings erected or to be erected on the said land into nor allow the same or any part therof to be used as an Inn Spirit Travel or Beerhouse or for the sale in any mode whatever of wine beer or spirituous liquors

And shall not nor will put out or open any door or window in any building to be erected on or adjoining the northeasterly or the southeasterly side of the said plot of land hereby demised the said Lessor hereby reserving the right for himself his heirs and assigns to erect any buildings up to the boundary lines of the same plot

And shall not nor will permit or suffer any noisome noisy or offensive trade or business to be used or carried on in or upon any part of the said demised premises or any other thing to be done which may be a nuisance annoyance or damage to the said Lessor his heirs or assigns or his or their tenants

Provided Always nevertheless and these presents are upon this express condition that if the said yearly rent hereinbefore reserved should at anytime or times be in arrear for the space of thirty days (although no legal demand may have been made thereof) and no sufficient distress can be found upon the said premises to satisfy such arrears and the costs of recovering the same or if the said Thomas Worsley his executors administrators or assigns should not well and truly observe perform and keep all the covenants clauses conditions and agreements herein contained on his and their part to be performed and kept according to the true intent and meaning of these presents then and from thenceforth in any of the said cases it shall be lawful for the said Lessor his heirs and assigns into and upon the said demised premises or any part thereof in the name of the whole to reenter and the same to have again repossess and enjoy as in his or their first and former estate and the said Thomas Worsley his executors administrators and assigns and all tenants or occupiers of the same premises thereout and therefrom to expel and remove and from and after such reentry this present Lease and every clause matter or thing herein contained on the Lessors part shall cease and be utterley void and to all intents and purposes whatsoever

And the said Lessor doth hereby for himself his heirs executors and administrators convenant and agree with the said Thomas Worsley his executors administrators and assigns that he the said Thomas Worsley his executors administrators and assigns paying the said yearly rent hereby reseved and performing the several covenants conditions and agreements hereinbefore contained on his and their part shall and may during the said term have hold possess and enjoy the said demised premises without any interruption by or on the part of the said Lessor his heirs or assigns or any person or persons claiming by from under or in trust for him or them

In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

Signed sealed and delivered
(being first duly stamped) by
the within named Thomas
Winter Potter in the presence of
Thomas Winter Potter
—  [  Seal  ]  —
William Ackland
Charlton Kings
Butler.
The red wax seal on the original parchment, alongside Thomas Winter Potter's signature
The red wax seal on the original parchment, alongside Thomas Winter Potter’s signature.

Transcribed from the original parchment held with the family papers; the typewritten copy survives alongside the deed itself.
← Back to the history