Agreement to Levy a Fine: Broadway and Brockhampton

Description

Indenture tripartite between William Sheldon the elder of Broadway, esquire and John Oackley of Wolford Magna, Warwickshire, gentleman of the first part, William Sheldon the younger, gentleman, son and heir apparent of the said William Sheldon of the second part, and John Keyt of Ebrington, Glos., esquire and Anthony Langston of Littleton, Worcs., gentleman of the third part - the said William Sheldon the elder, William Sheldon the younger, Walter Savage and John Oackley in consideration of the sum of £4500 paid to the said William Sheldon the elder by the said John Keyt before the ensealing of these presents and for a jointure to be made to and for the said Ann, wife of the said William Sheldon the elder, for her maintenance in case she outlives the said William Sheldon the elder and for the natural love and affection the said William Sheldon bears to William, his son and for the conveying and settling of the Manor, messuages, lands, tenements and hereditaments hereafter mentioned, grants to the said John Keyt and Anthony Langston their heirs etc. that the said William Sheldon the elder and Ann, his wife, William Sheldon the younger, Walter Savage and John Oackley before the end of the Hilary Term next ensuing the date of these presents at the proper costs of the aforesaid William Sheldon the elder his heirs etc. shall and will acknowledge and levy one fine 'sur conizance de droit come ceo qu'il a de lour done' with proclamations thereupon to be had and pursued according to the statute in that case made and provided unto the said John Keyt and Anthony Langston and to the heirs of the said John Keyt of all that the Manor of Broadway within the said county of Worcester "with all rights members and appurtenances belonging - also of the Court Leet or view of Frank pledge in Broadway, and of one capital messuage in Broadway wherein the said William Sheldon the elder doth now dwell, and 2 dovehouses and other houses, outhouses, edifices, buildings, orchards, gardens, backsides, profits, commodities and appurtenances belonging, and one messuage with appurtenances called Hathwayes with one dovehouse, and all barns, stables etc. and one little close containing 3 acres in Broadway, as the same now are in the possession of the said William Sheldon the elder - a cottage in Broadway in the possession of Thomas Low - a cottage in possession of William White in Broadway - a tenement called the Parsonage house with the orchard, garden, backside and 2 pools belonging and 1 little close of 4 acres in the possession of John Browne in Broadway - all those their 10 yard lands of arable, meadow and pasture in the common fields of Broadway known as the Westend fields with common of pasture, easements, profits, commodities etc. belonging - the tithes and tenths of hay and hay silver and wool of the said 10 yard lands and half the tithe lambs of the said 10 yard lands - and the reversion and remainder of the messuage in the possession of Thomas Hamper in Broadway and 3 yard lands with appurtenances granted by copy of Court Roll in the several possessions of John Burston and John Ordway in Broadway and the reversion of one yard land heretofore granted by lease to Nathaniel Roberts and Francis Ellet of Broadway and the inclosed ground following:- 1 pasture ground called the ground above the old sheep house containing 28 acres, 1 meadow called the meadow below the old sheep house containing 10 acres, 2 pasture grounds called the old Sidelongs containing 15 acres all which are in the possession of one John Browne. One meadow called the Moores containing 10 acres in the possession of Anthony Brookes alias Weaver with the hopyard therein contained. 1 close called the Church Close containing 3 acres in the possession of Michael Garrett. 1 meadow called the Lower Meadow below the old sheep house containing 12 acres, 1 pasture ground called the New Sheep house pasture containing 14 acres, 1 pasture ground called the pasture above the Moores containing 17 acres, 1 parcel of arable ground called the Dorneknopp ground containing 31 acres, 3 meadows called the Pools containing 10 acres, 1 parcel of coppice wood with all timber trees, wood and underwood growing upon the same containing 124 acres, and of all the rents reserved of any lands, tenements and hereditaments in Broadway or due to the said William Sheldon the elder. All rents issuing out of 'one Quarr pitt and one clay pitt in Broadway', 1 close called Brockhampton, 1 close called Little Hawkes, 1 close called White Close or Great Hawkes containing 4 acres in the possession of Anthony Brookes alias Weaver, 1 headland of arable land in the possession of Henry Garrett, 1 mill called a Walkmill, 1 little meadow thereto belonging containing 1 acre in the possession of William Whitford, 1 meadow called Ruttons meadow containing 30 acres, 20 acres of arable land called Penny land in the possession of the said William Sheldon the elder, 1 meadow called Sugers meadow containing 6 acres in the possession of William Sambach, 1 meadow called Ledberryes about 1 1/2 acres in the possession of John Carter, all which premises are in Broadway. The reversion and reversions, remainder of remainders of the premises by the names of the Manor of Broadway, 5 messuages, 1 mill, 3 pigeon houses, 4gardens, 4 orchards, 200 acres of land, 100 acres of meadow, 150 acres pasture, 120 acres of wood, £10 rent, common of pasture, view of Frankpledge with the appurtenances in Broadway, and of the tithes of hay, wool and lamb and in such manner as by Councel Learned in the Law shall be reasonably devised or required - which said fine so to be levied to be to the uses hereafter mentioned: - concerning the 10 yard lands, the tithe hay and wool thereof and half the tithe of lambs belonging to the same also the pasture called the ground above the old sheep house, the meadow called the meadow below the old sheep house, the 2 pastures called the Old Sidelongs, the 1 messuage called the parsonage house with the orchard etc. - the meadows called the Moores and the hopyard contained therein - the Church Close - the said lower meadow below the old sheep house - the new sheep house pasture - the pastures above the Moores - the 3 meadows called the Pooles - Sugars Meadow - Ledberrys - the tithe hay and hay silver - all commons and common of pasture, woods, underwoods, ways, waters, watercourses and other easements, profits and commodities to the last mentioned premises belongs to the only proper use and behalf of the said John Keyt his heirs and assigns for ever. The ground called Dorne Knapp ground and the before mentioned reversions of said messuage and 4 yard lands granted by copy of Court Roll, and lease as aforesaid unto the use of the said John Keyt and Anthony Langston their heirs and assigns for ever. The coppice wood - the chief rent of the said manor - rent of Quarry pit and clay pit to the use of the said William Sheldon and Ann, his wife for their natural lives and the longer lives of them and after their decease to the use of William Sheldon the son, his heirs and assigns for ever. The Capital Messuage - Hathways - tenement in the possession of Thomas Low and William White and closes thereto belonging - mill called Walkmill and 1 acre of meadow therewith used and enjoyed - Rutlams meadow - Pennyland and the hadeland in the possession of Henry Garrett and all such part and parcel of the Manor of Broadway and other lands, tenements, dues and duties in Broadway whereof there is no use before in these presents limited, to the use of the said William Sheldon the younger his heirs and assigns for ever. William Sheldon the elder and William Sheldon the younger grant a good and convenient way or passage with horses, cattle, catrs and carriages for all necessary occasions into and through the coppice woods called Broadway woods unto and from the meadows and pasture ground in these presents limited and expressed to be to the use of the said John Keyt his heirs and assigns without any let denial trouble molestation eviction or expulsion of or by the said William Sheldon the elder and William Sheldon the younger their heirs or assigns - the pasture and hopyard to be free from all manner of tenths or tithes - said John Keyt grants a way or passage to and from the said coppice wood with carts and carriages along the usual ways through the ground before mentioned to the said William Sheldon the elder and William Sheldon the younger. Signed by William Sheldon, William Sheldon, Walter Savage and John Oakley. Seals lost. Witnesses: Francis Smyth, Thomas Savage, Thomas Taylor, Richard Elcoxe and Gyles [?Pigeon]. Endorsed by J. O. Halliwell-Phillipps 'Settled Estate'.