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Marriage Settlement: Barton on the Heath


Indenture dated 10 May 15 Elizabeth [1573], between Robert Catlyn of Raunds, co. Northampton, gent., of the first part, and William Bury of the same town and county, gent., of the second part. In consideration of a marriage to be had and solemnized between the said William Bury and Mary Catelyn one of the daughters of the said Robert Catelyn, and for a jointure to be assured unto the said Mary, it is agreed that the said William Bury shall marry the said Mary Catelyn 'and hir espouse and wedde after the lawes of holy churche before the feaste of St. John Baptist next ensuing the date hereof yf the said Mary will ther unto consent and agree and the lawes of holy church will it permitt and suffer'. And in like manner the said Robert Catelyn grants to and with the said William Bury by these presents that the said Mary shall marry and take to her husband the said William Bury 'and him espouse and wedd after the lawes of holy church etc.' The said William Bury covenants to and with the said Robert Catelyn within one year next after the marriage had and solemnized that he will make or cause to be made unto Sir Edward Mountague, Knight, John Spencer, Thomas Mulsho, Tobias Chauncy, esquires, Richard Clyfford, William Mountague, William Catelyn son and heir apparent of the said Robert Cattelyn, Robert Mulsho and Henry Catelyn gents., and to their heirs for ever a good, sure and lawful estate or other lawful assurance or conveyance in the law in fee simple of and in all his messuages, cottages, tofts, lands, tenements, etc. in Barton-upon-the-Heathe, except the house in which one Robert Bury, gent., now dwelleth - except also the house wherein one John Savage, husbandman, now dwelleth. To the proper use and behoof of the said William and Mary for the term of the natural life of one Elizabeth Tawyer, wife of Thomas Tawyer, gent., and mother unto the said William Bury and after her decease to the use and behoof of the said William Bury and the heirs male of the said William Bury which he shall beget of the body of the said Mary, and for default of such issue to the use of the right heirs of the said William for ever. The said William Bury further covenants and grants to and with the said Robert Catelyn that he will within the same year next after the said marriage assure and convey to the said Mary Catelyn a good sure and sufficient and lawful estate in all the lands, tenements, etc. in Mourton, olde Mourton, new Mourton, and Caldecot in the county of Gloucester to such effect, use and purpose hereafter mentioned, viz. that she the said Mary Catelyn may now occupy and enjoy all the above lands etc. in Mourton etc. after the death of the said Elizabeth Tawyer for and during the natural life of the said Mary Catelyn in such manner and form as agreed and concluded betwixt the said Robert Catelyn and the said William Bury. In consideration of which said marriage to be solemnized and of all the covenants, grants, etc. specified on the behalf of the said William Bury well and truly to be observed and for and in consideration of the better advancement of the said William and Mary the said Robert Catelyn covenants, promises and grants to and with the said William Bury that he, the said Robert Catelyn shall and will well and truly pay to William Bury at or before the feast of the nativity of our Lord God next ensuing the date of these indentures the sum of two hundred marks of good and lawful money of England. In witness whereof the parties first abovesaid to these present indentures interchangeably have set their seals. Witnesses: William Samwell, Thomas Tawyer, Phillipp Battisforde.