14. Indenture, Browne and Pigott Families, Thomas Hamersely, Thomas Baylei, 7th April, 1642

The Browne and Pigott families are back again, once again bringing a full cast. This indenture includes three parties:

  1. John Browne and his wife, Katherine, his son Thomas Browne and his wife Jane Browne.
  2. Walter Pigott, (Katherine’s father) and John Byrche
  3. Thomas Hamersley and Thomas Baylei

A great deal of buying and selling of properties, including the late Richard Boulton’s properties, and redrawing Katherine’s jointure is going on here. I will likely need a few more read-throughs before it makes sense to me. Some of the other people involved are Richard Nicholls, Thomas Whitmore, Robert Browne, John Stevenson, and Richard Jarmans.

84 (46v)

This Indenture Made Tryptite ^made made the

seaventh day of Aprill in the Seaventee^nth yeare of the

raigne of our Soveraigne Lord Charles by the grace

of god of England Scotland ffrance and Ireland

kinge defender of the father er Betweene John

Browne of ffenton Culvert in the County of Staff-

gent and Jane his wife and Thomas Browne-

gent sonne and heire apparent of the saide John,

and katherine his wife on the first part, Walter

Pigott of Chestwynd in the County of Salop Esquire

of Salop Esquire And John Byrche of Cannocke in

the said County of Staff- gent on the second part

And Thomas Hamersley of Leeke in the said County

of Staff- gent And Thomas Baylei of Bradnapp

in the said County of Staff- gent- on the Third parte

Witnesseth That for and in Consideration of a

Marriage allready had and solempised betweene

the said Thomas and Katheryne his wife daughter

of the saide Walter Pigott and for a Joyneture to

be had and made to and for the said Catheryne in

Case Shee shall survive The said Thomas Browne

her husband and in Consideration of the some of Ffoure

hundred and ffifty pouns of lawfull money of

England to the saide John Browne [br] the saide

Walter Pigott before hand paide and satisfied by for

the marriage portion of the said Katheryne whereof

hee acknowledgeth the receipt and there of doth-

discharge and release the said Walter Pigott

his heires Executors and Administrators And in part

of performance of a certaine agreement made –

before the solempuisation of the said marriage –

Betweene the said Walter Pigott and John Browne

and Thomas Browne for a Joynture to be had to and

for the saide Katheryne accordinge  accordeinge to

the tenor of their presents and to the intent the

saide Thomas Browne may be inabled to assure

unto the saide John Browne and Jane his wife

for terme of their naturall lives and the life of the survivor

of them.

85 (47r)

One anuity or yearly rent charge of sixe and thirty-

pounds for their maintenance And in lieue and satis-

faction of the joynture and dower of the saide Jane And to –

dispose of the Lands tenements and hereditaments in theise

presents contayned for preferment of his Children or –

other wise And for other considerations It is convenanted

graunted and concluded condiscended and fully

agreed by and betweene all the parties to their presents

for them and their heires respectively in fore-

followeinge And first the saide JOhn Browne

Thomas Browne doe severally for themselves \severall/ their

heirs executors and administrators covenant premise

and graunt to and with the saide Walter Pigott-

Thomas Whitmore and JOhn Byrche and every of

them their and every of their heires executors and

Administraotrs by their presents That they the saide

John Browne and Jane his wife and Thomas Browne

or the survivors or survivor of them shall and will before

 the end of Trinity Terme next after the date of their

presents acknowledge and levie unto the said Thomas

Whitmore and John Byrche one ffyne Sur connzans

de droit come ceo [er] with [.]clainations accordinge to

the forme of the statute in that Case provided –

Of All that ancient captiall messuage in Ffenton

Culvert afore^saide wherein the saide Tomas noew in –

habiteth And all messuages tenements and Cottages

demesives farmes lands tenements meadowes pastures

and hereditments whatsoever in Ffenton Culvert –

aforesaide with their appurtenments knowen reputed

or taken to bee parcell of or belounginge u^nto or used

with the saide anciall Capitall messuage And all those

his land meadows and pasture in Ffenton Culvert

aforesaid lately purchased of the saide John Browne

of and from one Richard Nicholls gent nowe held or

occupied by the saide Thomas Browne Together

with the saide ancient capitall messuages or tenements

with all and every thappurtements there of And all –

those messuages Cottages lands tenements rents-

revercions Services and hereditaments in Ffenton

Culvert aforesaid late Richard Boultons of Ffenton

Culvert afore gent formerly Richard Jarmans lands

86 (47v)

And lately purchased of the said R Boulton by Thomas

Browne decease late father of the saide John Browne

with all and every thappurtenments thereof and allsoe

all that and Those his messuage and Messuages

or Tenements houses Barnes stables Orchards Lands

Tenements and Hereditaments scituate lyeinge and

beinge in the Towneships of Stone Walford

and Meaford and in every or any of the saide –

County of Staff noew or late in the houldeinge

of Robert Browne of Meaford aforesaid gent

or of his assignes or under tenants with all and

every Thappurtaments there of and allsoe those

Two parcells of land called by the name of Ffymmes

lyeinge in Shelton and Landley or one of them or

elsewhere in the saide County of Staff nowe in

the houldeinge or occupation of John Stevenson

or his assignes or undertenants with their and

every of appurtaments And all ofther the lands Tenements

and hereditaments of the saide John Browne and

Thomas Browne and either of them in Ffenton

Culvert aforesaid or elsewhere in the saide County

of Staff by such name and names and by such

Quantitie and number of Acres as by the saide

Walter Pigoott his heirs and Assignes shall be

reasonablely devised or advised and required which

saide ffyne as aforesaid to be levied And all and

every assurance and assurances made or to be made

 of the premisses or any part thereof by the saide

John Browne and Jane his wife and Thomas

Browne or any of them unto the saide Thomas –

Whitmore and JOhn Byrche or either of them

shall bee and by theirs present shall be construed

adjudged and taken to the use and behoofe of the

saide Thomas Whitmore and John Byrche

and of their heires and of the Survivors of them

and his heirs forever To the end they or the –

survivor of them shall be made perfect tenants

of the free hould of all and singular the premisses

with thappurtences, to the end: A writt of entrye

sur disseisin in le post may brought and a perfect –

recovery had of the saide premisses accordinge to the

 tenor of theise presents.

87 (48r)

And it is further coventanted concluded and agreed

by and betweene the saide parties to theis presents for

them and their heires That the saide Thomas Hamer-

sley and Thomas Baylie or the Survivor of them –

Shall with in one yeare next after the date of theis

present prosecute and sue forth of his Majesties Honerable

court of Chancery and retornable before his Majesties

Justice of the Court of Common Pleas at Westminister one

writte of Entree sur disseisin in le post of all and singular

the premisses with Thappurtences against the saide

Thomas Whitmore and John Byrche or the Survivor

of them by the names of Ffive messuages Three-

hundred and ffoure acres of land One hundred

and Twentie acres of meadow Three hundred and

Thirty acres of pasture Ffower stone acres of wood

and ffourtie acres of Furze and heath with thap=

purtenances in Ffenton Culvert Stone Walton

Meaford Shelton and Landley in the County of

Staff or by st such other name and names And –

Quantitie and quanities of Acres and in such

manner and forme as Councell shall advise uppon

which writt of entrye soe to be brought the saide

Thomas Whitmore and John Byrche or the survivors

of them shall in person or by attorney or attorneys lawfully

authorized appeare And the saide Thomas Hamerslie

and Thomas Browne whoe shall allsoe appeare gratis and

vouch to warrentie the said John Browne who shall

 in person or by Attorney or Attorneyes allsoe appeare

gratis And enter into warrentie And vouch over

the common vouche who shall lifewise appeare gratis

and imparle And after make default where by a perfect

judgment and recovery shall be had accordinge to the

course of common recovery And it is covenantued

agreed expressed and declared by and between all

the said eparties to theis present for them and their

heires That the saide recover as aforesaide to be

had and executed of the premisses or any part thereof –

shall bee And the recoveror and recoverors in the

saide recovery to be named and their heires and the

survivors of them and his heires.

88 (48v)

And all and every other person and persons that after

thesuch recovery had and suffered shall stand and be

seised of the premisses or any parte or parcell thereof

with thappurtenment and his and their heires

shall forever stand and be thereof seised to the

severall and respective uses followeinge that is to

saye Of for and concerneinge the saide mes-

suages lands tenments hereditamnet heretofore

purchases of the saide Richard Boulton scituate

lyeinge and beinge in Ffenton Culvert aforesaide

To the use and behoofe of the saide Thomas –

Browne and his assignes for terme of his naturall

life without impeachement of waste^c after his

decease then of for and comenceinge the saide

presmisses purchased of the saide Richard Boulton

except the mynes of coles in the premisses or any

part thereof for the terme of Seaven years

next after the decease of the saide Thomas Browne

To the use and behoofe of the saide Katheryne

nowe wife of the saide Thomas Browne and her

assignes for terme of her naturall life in lieue and

infull satisfaction of the joynture and dower-

of her the saide Katheryne and after her decease –

then to the use and behoofe of such person and persons

and of such estate and estates respectively as

the saide Thomas Browne by any writeinge under

his hand and seale or by his last will and testament –

in writeinge in present of Two or Three more

credible witnesses shall lymit declare and appoyt

and for wat of such limitation appoyntment or

declaration then to the sue and behoofe of the heires

and assignes of the saide Thomas Browne for ever

And of for and concerneinge all and Singular other the

premisses with thappurtaments where of there is or are

noo use or uses before in theire presents lymitted or –

declared to the onely use and behofe of the saide

Thomas Browne and his assignes for terme of his

naturall life without impeachment of waste

and after his decease then to the use and behoofe

of such person and persons And of such estate and estates

respectively as the saide Thomas Browne by any

writeinge under his hand and seale or by his last

 will and testament in writeinge in persons of.

89 (49r)

two or more credible witnesses shall lymitt declare

and appoynt And for want of such lymittations appoyments

or declartions Then to the use of the saide Katheryne

his nowe wife And shall marrie any other wife or

wives Thomas Browne and of his heires and Assignes

forever And to or for noew other use intent or purpose

Provided allwaies that if the saide Thomas –

Browne shall Survive the said Katheryne his nowe

wife and shall marrie any other wife or wives And

shall have any issue male of the boyd of any such

wife which shall inherite that premisses or the greatest

parte thereof That then in such case the saide

Recoverye shall bee And by theise presents shall be

 construed  adjudged and taken to bee And the

recoverer and recoverers therein named and

his and their heries And all and every other

person and persons and his and their heires that

shall stand and be seised of the premisses or any part

thereof (other then the premisses lymitted for the

joyneture of the saide Katheryne as aforesaide)

shall stand and be thereof seised to the use an behoofe

of such daughter and daugthers as the saide Thomas

Browne hath or shall have on his boyd uppon the –

body of the saide Katheryne lawfully begotten and

which shall be liveinge at the decease of the saide-

Thomas ^[to whill] such daughter or daughters respectively shall

or many have levied received and had to her or their respective

use and uses The some of Somes of lawfull money of

England and hereafter in their presents menctioned

for her or their respective protion or portions out

of the rents issues and proffits of the premisses  other

then the saide premisses lymitted for joyneture as

aforesaide That is to say II their shall bee One

Two or three such daughter or daugthers then

until shee or^and they shall or may have levied and

received the some of three hundred pounds

apeece cleerely for her or their portions or –

portons And in case there shall bee foure or more

such daughters then untill the shall or may have

levied raysed and received the some of two –

hundered pound apeice cleerely for their

respective portions And after such respective

portion or portions shall or may be raised and

levied then to such uses lymitations and purposes

90 (49v)

As are ^be fore in theis present expressed and declared

This Indenture or any thing herein contained –

to the contrary thereof many wise not with

standeinge Provided allsoe That if the saide

Thomas Browne shall Survive the said, Katherine and shall

not have issue male by him on the boyd of the saide Katherine

the […] And shall marrie and of the said Katherine

shall not have anie issue male by her on the body of any –

such wife lawfully begotten And shall have any daughter

or daughters by any such wife or wives livinge att the

tyme of his decease That then from and after his decese

the saide Recovery shall bee and by theirs […]

shall bee construed adjudged and taken to bee And –

the saide recoverer and recoverers and his and their

heires and all and every other person and person that

thenceforth shall stand […] of the premisses or any

part thereof and his and their heires shall stand and be

seized of the moeity or one halfe of the premisses

To the use and behoofe of such daughter and daughters

as the saide Thomas Browne have or shall have-

uppon the bodie of the saide Katherine lawfully begotten

then liveinge. And the heires of the bodie and bodies

of such daughter and duaghters repectively lawfully –

begotten and for want of such person then to the

use and uses before in theis presents limited  and

declared This indenture or anythinge herein

contayned to the contrary thereof in any wise

not withstandeinge And the saide John Browne

and Thomas Browne doe severally for themselves

their severall heirs Executor and Administrators

Covonit permise and graunt to and with the saide

Walter Piggott his heires executors Administrators

and assignes by theis presents That it shall and may

be lawfull to and for the saide Katheryne –

now wife of the saide Thomas Browne and her –

assignes dureinge her naturall life peaceably and –

quietly to have hould occupy possesse and enjoy-

Allsuch part and so much of the saide presmisses

with thappurtenments As is before lymited

and appoynted for the joynture and Dower of –

her the said Katherine freely discharged or –

91 (50r)

uppon reasonable request [sufficiouthe] saved or

kept harmeless and [udompuified] of and from all and

every Incombrance and incombrances whatsoever-

had made comitted suffered or done or to be had made

committed suffered or [douce] by from or under-

the saide John Browne and Thomas Browne or –

other of them their or either of their heires or assignes

or any person or persons whatsoever lawfully claymeing

by from or under them or any of them. And that –

they the saide John Browne and Jane his wife and

 Thomas Browne and the heires of them the saide

John and Thomas shall and will att all and every

tyme and tymes hereafter within the space of

seaven years next after the date of theis presente

uppon reasonable request and att th[.coste] and –

their [gos] of the saide Walter Piggott his heires or

assignes make doe knowledge suffer and executed

And cause to be made donne knowledged suffered

and exectured All and every such further and other –

reasonable cut and cute Thinge and thinges Assurance

and Assurances devise and devisors of the premisses

and of every or any part thereof with Thappurenences

for the further and better assureinge and [concoyenige]

the saide To the use aforesaide As by the saide

Waltor Piggott his heire or assignes or by his or

their counsell learned shall be reasonably devised

or advised and required [Bod] as they or any of them-

shall not thereofre bee conmpelled to travell above the

speace of Twelve Myles from their respective dwellinge

att the tyme of such request or requests made as aforesaide

And it is Covenuted Concluded and agreed by and

betweene the saide parties to theirs presents That all and

every ffyne and ffynes Recovery and Recoveries and other

assurance and assurances as aforesaide to be had of

the premisses or any part theof with Thappurtances

shall be And by theise presente shall be construed

adjudged and taken to bee To the severall and respective

uses as aforesaide And to or for now other use inlaw

or purpose whatsoever.

92 (50v)

 Provided allwaies that of the saide Katherine

Surviveinge the saide Thomas Browne-

shall Recover and have or make clayme-

or Entrey unto any other of the premisse-

then what are before in theis presente [intoudd]

for her Joynture either [incesport] of Dower

or other former title whatsoever Then

the state before in and by theis presentes-

lymited to her for life as aforesaide shall [roase]

and deformyne (This Indenture or any thinge

herein conteined to the contrary thereof-

in any wise notwitstandinge In Wittness-

whereof to one part of their presente—

remaneinge with the saie John Browne

 and Jane his wife and Thomas Browne and –

Katherine his wife the saide Walter Pigott

Thomas Whitmore John Byrch Thomas-

Hamersley and Thomas Bailye Have putt

to their hands and seales. And to one other

part of their presents remaininge with the saie

Walter Pigott Thomas Whitmore and John Byrch

the saide John Browne and Jane his wife Tomas

Browne and Katheryne his wife Thomas Hamerslye

and Thomas Bayly have put their hands and –

seales and to and other part of theirs presents –

Remaineinge with the saide Thomas Hamerslye

and Thomas Bayly the saide John Browne and

Jane his wife and Thomas Browne and Katheryne

his wife Walter Pigott Thomas Whitmore-

and John Byrch have put their hands and

seales the day and year first above written) 1641

C. [Blibauyd]

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