Marriage Settlement: Broadway

Description

Indenture between Anne Daston of Broadway, Worcs. widow late wife of Anthonie Daston late of Broadway aforesaid, esquire deceased of the first part, Walter Savage of Broadway, esquire, son of the said Anne Daston of the second part, Richard Savage of Idlicott, Warks., gentleman, son and heir apparent of the said Walter Savage of the third part, John Savage of Broadway, gentleman, son and heir of Anthonie Savage late of Broadway, esquire deceased and Phillippe Gifford, one of the daughters of Sir George Gifford of Beckonsfield in the County of Buckingham, knight of the fourth part, William Sheldon the elder of Broadway, esquire and John Croker of Battesforde, Glos., esquire of the fifth part, and Thomas Fitzhugh of Wallcott, Oxfordshire, esquire and William Mowlton of Toddenham, Glos., esquire of the sixth part. Recites that the said Anne Daston, Walter Savage, Richard Savage and John Savage the day of the date hereof did infeoffe the said William Sheldon and John Croker and their heirs of 'All that the farm of Broadway with the appurtenances in Broadway which she the said Anne Daston did purchase and buy unto her and her heirs of Sir William Babington, knight, deceased And of all the houses, mills, buildings, pastures, fields, leasowes, closes, meadows, orchards, demesne lands and parcels of ground in Broadway which the said Sir William Babington did sell to the said Anne Daston and her heirs by one Indenture made between the said Sir William Babington by the name of Sir William Babington of Kedington, Oxfordshire, knight of the one party and the said Anne Daston by the name of Anne Daston late wife of Anthonie Daston late of Broadway, esquire deceased on the other party which Indenture bears the date 14th October 1575 and is inrolled in the High Court of Chancery as in and by one Indenture of Settlement duly sealed, delivered and executed by the said Anne Daston, Walter Savage, Richard Savage and John Savage before-earing the date of these presents more at large doth appear. And whereas the true meaning of the said feoffment and of all the parties at the time of executing thereof was and is that thereby the said William Sheldon and John Crocker should be made perfect tenants of the freehold and inheritance to the intent that a Writ of 'Entrie sur disseisin in le post' should be brought and maintained against the said William Sheldon and John Croker by the said Thomas Fitzhugh and William Moulton of the said farm and premises whereby a perfect common recovery with double voucher might be had and executed to the intent to settle and establish the same premises with the appurtenances in the blood of the said Anne Daston and in the blood and name of the said Walter Savage, Richard Savage and John Savage and their heirs in manner and form hereafter following and to the intent 'to assure a completed jointure unto the said Phillippe Gifforde with whom the said John Savage doth intend God willing shortly to marry' Now witnesseth that the said Thomas Fitzhugh and William Moulton before the Feast of the Saints next ensuing the date hereof shall purchase and sue out of the King's court of Chancery one Writ of 'Entrie sur disseisin in le post' against the said William Sheldon and John Croker returnable before the Justices of the Common Pleas by which writ the said Thomas Fitzhugh and William Moulton shall demand the same farm and premises against them the said William Sheldon and John Croker by the several names of two messuages, one toft, two mills, two dovehouses, two gardens, 140 acres of land, 240 acres of meadow, 900 acres of pasture, 100 acres of wood, 100 acres of furze and heath and 5 acres of ground covered with water with the appurtenances in Broadway, unto which said writ the said William Sheldon and John Croker shall gratis appear in person and vouch over warranty of the one moiety thereof the said Walter and Richard Savage which said Walter and Richard Savage shall likewise gratis appear in person to enter into the warranty of the same moiety and thereof shall vouch to warranty the Common Vouchee of the said Court and of the other moiety the said William Sheldon and John Croker shall vouch over to warranty the said John Savage which said John Savage shall likewise gratis appear in person and enter into the warranty of the same other moiety whereof he shall be vouched and thereof shall vouch over to warranty the common vouchee of the said Court and all this to be done to the intent a perfect common recovery with Double Voucher may be had perfected and sued out of the said whole premises according to due course and form of common recoveries by the law now used. It is further agreed by and between the parties to these presents that the said recovery shall remain and the said William Sheldon, John Croker, Thomas Fitzhugh and William Moulton and their heirs which shall be seised of the said farm and premises shall immediately after the said recovery aforesaid and be seised to the uses in these presents mentioned and declared and to none other uses or purposes whatsoever. That is to say of and in all the said farm and premises to the use of the said Anne Daston during her natural life and immediately from and after her decease then for and concerning the one half of the said farm to the use of the said Walter Savage for his life and immediately from and after the decease of said Anne Daston and Walter Savage then to the use of the said Richard Savage 'and of the heires males of the bodie of the saide Richarde Savage on the bodie of Millicente Savage nowe wife of the saide Richarde Savage lawfully begotten' and for default of such issue male of the bodies of the said Richard and Millicent then to the use of the heirs males of the said Richard Savage lawfully begotten and for default then to the use of the heirs males of the body of the Walter Savage on the body of Elizabeth now his wife lawfully begotten and for default of such said males then to the use of the heirs males of the body of the said Walter Savage lawfully begotten, and for default to the use of the said John Savage and the heirs males of the body of the Said John Savage on the body of the said Phillippe Gifford lawfully begotten and for default of such issue to the use of the heirs males of the body of the said John Savage and for default to the use of the heirs of the body of the said John Savage lawfully begotten and for default "to the use and behalf of the Right heires of the saide Walter Savage for ever". And concerning one moiety of the said other moiety of the said farm being the fourth part of the said premises immediately after the decease of the said Anne Daston and immediately from and after the marriage had been solemnized between the said John Savage and Phillippe Gifforde then to the proper use of the said John and Phillippe and of the heirs males of their bodies and for default to the use of the heirs males of the said John Savage and for default to the use of the heirs of the said John Savage and for default to the use of Anne Fettiplace wife of Thomas Fettiplace the younger of Fearnsham in the County of Berkshire, gentleman, sister of the said John Savage and of the heirs males of the body of the said Anne Fettiplace and for default to the use of the heirs of the said Anne Fettiplace and for default to the use of the said Walter Savage and the heirs males of his body and for default to the use of the heirs of the body of the said Walter and for default to the use of the right heirs of the said John Savage for ever, and if in case it shall happen that the said marriage between the said John Savage and Phillippe Gifforde shall not take place then concerning the said moiety of the said moieties of the said premises limited for the jointure of the said Phillippe then to the use of the said John Savage and of the heirs males of his body and for default to the use of the heirs of the body of the said John Savage and for default to the use of the said Anne Fettiplace sister of the said John Savage and of the heirs males of her body and for default to the use of the heirs of her body and for default to the use of the said Walter Savage and of the heirs males of his body and for default to the use of the heirs of his body of the said Walter Savage and for default to the use of the right heirs of the said John for ever. And concerning the other moiety of the said moieties of the said farm being another fourth part and residue of the said premises immediately from and after the decease of the said Anne Daston then to the use of the said John Savage and the heirs males of his body and for default to the use of the heirs of his body and for default to the use of the said Anne Fettiplace sister of the said John Savage and of the heirs males of her body and for default to the use of her heirs and for default to the use of the said Walter and the heirs males of his body and for default to the use of the heirs of his body and for default then to the use of the right heirs of said John Savage for ever. In witness wereof all the said parties to every part of these present Indentures have set their hands and seals the day and year first above written. Signed: Anne Daston, Walter Savage, Richard Savage, John Savage, William Sheldon, John [Croker], Thomas Fitzhughe and William Moultone. Seals lost. Witnesses to sealing and delivery of William Moulton: Thomas Estcourte and Thomas Butcher. Witnesses to sealing and delivery of Walter Savage: Richard Savage, John Savage, William Sheldon, John Croker and Thomas Fitzhugh, Ge. Gyfford, Willi. Pudesor, Tho: Brookes and John Gilbye. Witnesses to sealing and delivery of Anne Daston: Mary Estcourte, Walter Blounte, Thomas Dowghtie, Roberte Baylyes and Greg: Hanard. See also ER3/3300.