5: Indenture, John Browne and Sir Walter Pigott, (undated)

 
This indenture can be a bit of a mess to follow because the two families involved have very similar names: Brown and Browne, and there are seven unrelated people involved. I’ve created some charts to help organize the “cast of characters”: 
 

The Browne Family.

 

The Pigott/Brown Family.

 

The rest.

ff 17r

19 (14r)

This Indenture ^\[illegible]/ made the                 daie of                        in the x
                                             yeare of the raigne of our soveraigne lord charles by the x
grace of god of England Scotland and Ffraunce and Ireland Kinge
defendor of the the faith etc Between John Browne of Ffenton x
Culvert in the countie of Staff-gent and Jane his wife of the
 first partie Walter Pigott the elder of Chetwyn in the county
of Salop esq Thomas Browne sonne and heire apparent
of the said John Brown and Katherine his wife daughter
of the said Walter Piggott of the second partie. Thomas Exere
-hurst of Lanford in the county of Staff-gent. Thomas xx
-omerlley of Wood in the county of Staff aforesayd gent- x
and Walter Piggott the yonger of the Middle Temple London,
gent and John Lowe of Clements Inne in the County of Midd
of a Marriage allreadie had and solemumised between the sayd
Thomas Brown and the said Katherine, and forthe the assurance
of a Competent and convenient joynture for the sayd Katherine
for terme of her life out of the landes tenements and heredtaments
of the said john brown as alsoe in accomplisement of a former
agreement in that behalfe made before the sayd marriage xx
between the said John Browne and the sayd Walter Piggott
 the elder and for the settinge and estableishinge of all the x
messuages cottages landes tenements and hereditamente here-
after in theis presents menconed and contained to such uses x
intens and purposes as herein heareafter are expressed and
declared and for divers other good considerations every of the
said parties to their [puts] especially moveinge hath given x
graunted enfeoffed and it is covenauted graunted concluded
and agreed by and betweene all and every the said parties to
 their pesent and every and each of the sayd partyes doth and
 doe by theis presents covenant promise graunt and agree to
 and with the other and others of them in maner and
forme followinge that is to saie that hee the sayd John Browne
and Jane his wife and the heires of the sayd John shall and
will at the personal costs and charges and request of the sayd
Walter Piggott the Elder his heires & assignes in due forme of
lawe acknowledge and levye by one or more fyne or fynes x
sur cognizance de droit coin ceoqu’il out de lour done or by some
 
20 (14v)
other lawfull conveyance or conveyances within three yeares
next ensueinge the date hereof convey and assure unto the
said Walter Biggott the yonger and John Lowe All those his
ancient capitall messuage messuages tenements and cottages
deimesues famre landes tenmts meadowes pastures and
hereditaments whatsoeever in Ffenton Culverty aforesayd uth
theire appertenances know no reputed or taken to be parcell
of or belongeinge unto the sayd ancient cappitall x
messuage or therewith occupied or as partie thereof held
esteemed used or enjoyed by the said John Browne or
 any his formers or undertenants and all those his lands
meadows and pastures in Fenton Culvert aforesayd x
late purchased by the sayd John Browne of and from
one Richard Nicholls gent now held on occupyed  by the
sayd John Browne together with the sayd ancient cappi-
-ital messuages or tenent with all and everie the appur
-tenames thereof and all those his messuages cottages
landes tenements rents reversions services & hereditaments
in Ffenton Culvert aforesaid late Richard  Bonetons
farmans land and late purchased of the said Boneton
by Thomas Browne deceased late father of the said John Brown
with all and every the appurtences thereof and alsoe all
that and those his messuage and messuages or tenements
houses barnes stables orchardes landes tenements scituate xx
lyinge and beinge in the towneshipp of Stone and Walton xx
Staff- now in the houldinge of Robert Browne of x
Meaford aforesayd gent or of his assignes with all and every
the appertences thereof and alsoe all those his two parcells
of land called by the name of ffynes lyinge in Shlelton and
 Landley or one of them or Elsewhere in the sayd county
of Staff- now in the houlding or occupation of John Ste-
venson on his assigns or under temants with there and
every of there appurtements and also all and every his [in gutter]

21 (15r)
and reversions remainder and remainders rents services and x
hereditaments of and in and offeringe out of all and every the land
premisses with there and every there appartieuntes by such names x
and names and by such quantety and number of acres and by the
land [ ] after Pygott the elder the [ ] his heires and assignes x
shall be reasonably devised advised and required soe as for doinge
thereof they the said John Browne and Jane his wife be not x
Constrayned to travaile above twelve myles from the place
of there aboe whith ffyne and ffynes conveygance and convey
-ames that shall be and [emore] and shall be adjudged deemed
and taken to be as to all and every the said messuages landes
and premisses to the use of the sayd Walter Pygott the yonger
and John Lowe and of there heires for ever to make them
pfect temenats of the ffreehould of all and singular the sayd
premisses x and it is covenaunted further by and betweene x
all the sayd parties the their presents that with in the
one yeare now next ensueinge the sayd Walter Pigott and
Thomas Gonersley or one of them or such other person x
and persons as the said Walter Pygott shall uppoynt shall
and may purchase one or more writt or writts of Entre sur disseisue
in le post out of his Ma:ties court of Chancery retounable in
his Maties Court of Comon Pleas at Westminister against the
sayd walter Pigott the yonger and John Lowe of and for all
and every the sayd cappitall Messuage Messuages landes
tenements herediamts and other the premisse with there appur
-tenmes by the name and names of                 messuages [space]
acres of land             acres of meadow           acres
of pasture            acres of wood              acres of heath such
with theire appurtenmes in Ffenton Culvert Stone x
Walton Meaford Shelton and maeford Landley in the x
sayd county of Stafford unto and uppon whith writt or written
they sayd Walter Pygott the Yonger and John Lowe shall
appeare in the sayd co- in person or by there attorney or attorneyes
lawfully warrented and shall vouch over the warrenty x

22 (15v)
The sayd John Browne who shall vowth over to warrantie the x
comon vowth who shall or may appeare gratis and enter into
the warrantie of the same premisses and imparle and after x
make default whereby a perfect indgement and recovery
of all the sayd premisses shal or may be had after the consell
of comon recovery with double vounchers) and that the sayd
 Recoveries and all and every other person and persons unto whom
any ffyne of ffynes feoffment or other conveyance shall bee
here after levyed or in ade by the sayd John Browne and Jane
his wife by the assent and agreement of the sayd parties or who
shall bee [reconerorrecondrs] of all and every or any partie of the
sayd premissed and their and his heires shall and will from
and after the perfectinge of the same recodiestand and bee
seized of and in all and every the before menconed premisses
to the use and uses intent and intents purpose and purposes
and under the conditions provisoes [p—]authorites limitations
[space] hereafter in theirs presents limited and x
declared and to none other use intent or purpose whatsoever, that
is to saie of for and concerninge all those the afore mentioned xx
Messuages Cottages landes tenements rents reversions services in
Ffenton Culvert afore sayd heretofore purchased of the sayd
Richard Boulton with the appurtencens thereof together with
two closes of land in Ffenton Culvert aforesayd called Pooledole
and Broad Lee beinge parcell afor belongeinge to the sayd ancient
Messuage and tenements with with thappurtenmes thereof to theouely
use and behoofe of the sayd John Browne and his assignes for
and dureinge the terme of his naturall life with out impeachment
of any manner of waste and from and after his death of for
and concerninge the sayd messuages cottages landes x

23 (16r)
landes tenements rents revsions services and hereditanments
heretofore purchased of the sayd Richard Boulton with x
th’ appurtements thereof unto the onely use and Behoofe of the
sayd Jane now wife of the sayd John Browne and his assignes
ffor and during her naturall life in full recompente of her xx
dower and for her Joynuture and lively hood in case she shall
happen to survive or over live the sayd John Browne and x
Jane then to the onely use and behoofe of the sayd Thomas x
Browne partie to theirs presents and of the sayd Katherine his
wife for and dureinge the natural lives of them the sayd Thomas
 and Katherine and the life of the longer liver of them xx
without impeachment of waste dureing the life of the sayd
Thomas and of fore and concerninge the one Moytie or full
half part of and in all and singular the sayd ancient capitall
messuage messuages tenements cottages landes meadows pastures
and hereditamnts whatsoever with theire appertements knownd
reputed or taken to be parcell of or belonginge to the
sayd ancient capitall messuage in Ffenton Culvert
and of the sayd premisses purchased of the sayd R.
Nicholls epcept the Poole Dole and Broad Lee Cothe
onely use and behoofe of the sayd Thomas Browne
and katherine his wife for and dureing there naturall
lives and the life of the survivor of them for the
joyncture of the sayd Katherine and for her competant
lively hood in case she survive the sayd Thomas x
without impeachment of any manner of waste
dureinge the life of the sayd Thomas and off
for and conteringe all the rest and residne of
all and every the afore menconed ancient capitall
messuages messugaes landes thenemte and premisses
afore mencions whatsoever whereof noe use
is afore by their presents allready limited  declared
and allsoe form and after the determinaton and
endinge of the uses afore limited and declared
off for and concerninge the remander and [illegible]
off and in the afore mentoned premisses whereof
there is any declaration of uses thereof alsoe
expressed and limited.

24 (16v)
To the use and uses behoofe and behoofes hereafter
menconed that is to say to the onely sole and behoofe
of the sayd Thomas Browne and of the heires
males of his body on the body of the sayd Katherine
lawfully begotten and to be begotten and for lack
of such issue to the onely sole and behoofe of the
heires males of the body of the sayd Thomas
Browne lawfully to be begotten, And for
want of such issue to the onely use and behoofe
of all and every or any the daughter or the daug-
-ters of the sayd Thomas Browne which he shall
lawfully begett on the body of the sayd Katherine.
and of any other wife or wives for and dureinge
the terme of ten yeares thence next ensueinge
and from thence forth to and for the use and
behoofe of the sayd John Browne and the heires
males of his body lawfully issueinge and for
default of such issue to the use of Thomas Browne
brother of the sayd John Browne and the heires
males of the body of the sayd Thomas Browne
lawfully begotten and to be begotten and for
want of such issue to the use of the heires males
of the body of FFrances Browne one other of the
brothers of the sayd John Browne lawfully begotten
And for lacke of such issue to the right heires
of the sayd John Browne forever Provided
allwaies that if it shall happen the sayd John
Browne and Jane his wife to decease or depart
this life liveinge the sayd Katherine then and
from thence forth the sayd estate use and uses
limited unto the sayd Katherine of in and for the
sayd Moity and full halde parte of the sady ancient
capitall Messuage messuages tenements cottages
with their appurtenments pastures and hereditaments
to bee parcell of or belongeinge to the sayd ancient
capitall messuage in Ffenton Culvert and

25 (17r)
of the sayd tenements purchased of the sayd Nicholls
shall thenceforth cease determine and become voyd
to all intents and purposes and thinge in their
presents contayned to the contrary thereof in any
wise not withstandinge and the sayd John Browne
for the considerations aforesayd doth by their
presents for him and his heires covenant promise
and graunt to and with all and every the other partie
to their puts and his and their heires that in case
their be not a good lawfull and perfect estate xx
lawfully conveyed assured and executed of all and
every the sayd afore menconed premisses to the uses
intents and purposes above by their presents limited
expressed and decleared accordinge to the intent
and true meaninge of their presents before the
end of one whole yeare now next cominge that
hee the sayd John Browne and his heires and
all and every other person and persons lawfully haveing
or claymeinge any estate of and in the same premisses
every and any partie thereof whereof noe such assurance
shall be executed shall and will thereof stand and
be seized to the use and uses intent and intents pur-
-pose and purposes aforemenconed and limited and
to noe other use intent or purpose whatsoeever.
In witness 
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