Marriage
Indenture 1740
John Collett (Ref. 14J19) and Ann Hanman
This
Indenture
quadripartite made the Eighth Day of October in the Fourteenth Year of the
Reign Our Sovereign Lord George the Second by the Grace of God of Great Britain,
France and Ireland King Defender of the Faith and so forth and in the Year of Our
Lord One Thousand Seven Hundred and Forty
Between John Collett of Bourton-on-the-Water
in the County of Gloucester Gentleman of the first part, Margaret Hanman of Bourton-on-the-Water
aforesaid widow and Ann Hanman of the same place spinster and daughter of the said
Margaret Hanman of the second part, John Reynolds of Little Rissington in the said County of Gloucester Yeoman and
Richard Boswell of Bourton-on-the-Water aforesaid Mercer of the third part, and
Henry Collett the Younger of Bourton-on-the-Water
aforesaid Yeoman of the fourth part
Whereas a marriage is (by Gods
permission) intended to be had and solemnized between the said John Collett and Ann Hanman
and for the making and providing a competent jointure for the said Ann Hanman
(in case the said marriage should take effect) and for the settling and
assuring as well the several messuages, lands,
tenements and hereditaments of the said John Collett as the several
tenements and hereditaments of the said Margaret Hanman
and Ann Hanman
hereinafter mentioned and severally granted by the said John Collett and by the said Margaret Hanman
and Ann Hanman
to and for the several uses ends intents and purposes as are hereinafter
particularly limited expressed and
declared pursuant to the Agreement made upon the contract of the said intended
marriage
Now this
Indenture witnesseth that in consideration of the said
intended marriage and that a competent jointure may be had made and provided to
and for the said Ann Hanman
(in case the said marriage shall take effect) and for other the considerations
afore mentioned he the said John Collett hath granted,
released, aliened, enforced ratified, quit claimed, and confirmed and by the presents
doth grant release alien enforced ratify quit claim and confirm unto the said John Reynolds and Richard
Boswell in their actual possession now being by virtue of a Bargain and Sale to
them thereof made by the said John Collett for one whole year by
indenture bearing date the day next before the day of the date of these
presents and by force of the statute for transferring uses into possessions and
their heirs
All that his messuage or tenement
situate standing and being in Upper Slaughter in the aforesaid County of Gloucester
and now in the occupation of John Taylor as tenant to
the said John Collett and also all those several enclosed
grounds of arable meadow and pasture ground situate lying and being in Upper
Slaughter aforesaid liberties or precincts thereof and called or distinguished
by the several names of Upper Horse Pasture Hill, Lower Horse Pasture Hill,
Dirty Close House ground, Frestone Hill Quarry ground,
Barn ground, Kirkham ground, Kirkham
Close Stone piece, Kirkham Greens, Clay Ground, Black
Nell Langford Elines Close and which said several enclosed
grounds were sometime since by virtue and in pursuance of an Act of Parliament
for enclosing the common fields of Upper Slaughter aforesaid laid out and
allotted in lieu of four yard lands formerly purchased by John Collett late grandfather of the said John Collett party hereto of one
Samuel Hulls and before such enclosure lay dispersedly in the common fields of
Upper Slaughter aforesaid and also in lieu of three yard land and an half
purchased likewise by John Collett the grandfather of Mr Henry Collett and of all pieces
plots and parcels of meadow ground with the appurtenances to the said three
yard lands and an half belonging lying dispersedly in the open fields there
before the said enclosure and also in lieu of all butts of pasture or furze
ground likewise purchased by the said John Collett the grandfather or Andrew Manley Gentleman
deceased
And also of all that close or enclosed
ground of ancient enclosure called Morse Hay with the appurtenances situate also
and being in Upper Slaughter aforesaid together with all houses outhouses
edifices buildings barns stables gardens orchards backsides curtilages trees
bushes woods underwood furze fowel ways waters easements profits commodities emoluments
advantages hereditaments and appurtenances to the
said messuage enclosed grounds and to all and singular other the said premises
or any part or parcel thereof belonging or in anywise appertaining or to or
with the same or any part thereof used occupied or enjoyed or accepted reputed
or taken as or for any part or parcel or member thereof or as anyway belonging
thereto And the reversion and reversions remainder and remainders rents issues
and profits thereof and also all the estate right title interest use trust
property claim and demand whatsoever of him the said John Collett party hereto of in and
to the same premises and every and any part thereof all which said premises so
purchased of Samuell Hulls and Henry Collett as afore mentioned are charged and chargeable with one
annuity or yearly rent charge of Five and Twenty Pounds payable to one George Havers Citizen of London during the term of his natural
life
To have
and to hold
the said messuage or tenement several enclosed grounds and all and singular
other the premises before by these presents granted released and confirmed or
mentioned or intended to be with their appurtenances unto the aid John Reynolds and Richard
Boswell their heirs and assigns forever to and for the uses and behooves hereinafter mentioned limited and declared that is
to say to the use and behoof of the said John Collett party hereto and his
heirs until the said marriage between him and the said Ann Hanman his intended wife shall be had
and solemnized and from and after the solemnisation thereof to the use and behoof of the same John Collett and his assigns for
and during the term of his natural life and from and after his decease to the
use and behoof of the said Ann Hanman intended wife of the said John Collett and her assigns for
and during the term of her natural life for her jointure and from and after the
death of the survivor of them the said John Collett and Ann Hanman
his intended wife to the use and behoof of the heirs
of the body of the said Ann Hanman by the said John Collett her intended husband
lawfully to be begotten and for want of such issue to the right heirs of the
same John Collett forever and to and for none other
use intent or purpose whatsoever subject to and chargeable with the said
annuity or yearly rent charge in manner aforesaid
And this
indenture further witnesseth that in consideration of the
aforesaid jointure had made and provided to and for the said Ann Hanman in
case the said marriage shall take effect for settling and assigning the lands
tenements and hereditaments hereafter in and by these
presents granted to and for the ends uses intents and purposes upon the trusts
and with and under the provisos and agreements hereinafter mentioned limited
and declared concerning the same pursuant to the contract of the said intended
marriage and for all and every the considerations above mentioned they the said
Margaret Hanman
and Ann Hanman
have and each of them hath granted released aliened enforced ratified quit
devised and confirmed and by these presents do and each of them doth grant
release alien enforce ratify quit claim and confirm unto the said John Reynolds and Richard
Boswell (in their actual possession now being by virtue of a Bargained and Sale
to them thereof made by the said Margaret
Hanman and Ann
Hanman by the same Indenture above mentioned
bearing date the day next before the day of the date of these presents and by
force of the statute for transferring uses into possessions) and their heirs
All those four several enclosed grounds containing by estimation fifteen acres
be the same more or less situate lying and being in Bourton-on-the-Water
aforesaid and lying altogether in a place there called Berryfield
former lying often with the other part of the Berryfield
but now enclosed and taken in severally and also two full third parts of all
and every the tenths and tithes of corn grain and hey to be yearly coming
growing arising renewing and increasing of in and upon the said closes or any
part or parcel thereof
All which said premises are now in
the occupation of the said Margaret Hanman and called or distinguished by the several names
of The Barn Ground, the Orchard Ground, the Coppice Ground and Old Greensward and
also all those two closes or enclosed grounds situate lying and being also in Bourton-on-the-Water
aforesaid and one of the two closes called or known by the name of Santhill containing by estimation three acres (be the same
more or less) and the other by the name of South lake containing by estimation
seven acres (be the same more or less) and all those eleven acres of arable land
by estimation (be the same more or less) lying and being likewise in Bourton-on-the-Water
aforesaid in the Common Field there called Bourton Hill name in the occupation
also of the said Margaret Hanman and also common of pasture and feeding of and
for forty sheep to be had and taken and to go to pasture and feed in and upon
the common field there called Bourton Hill at such times and seasons of the
year as the sheep of other the commoners there shall there usually go to pasture
and feed and also common of pasture and feeding of and for one other beast to
be had and taken and to the pasture and feed in and upon the meadows called the
Lords Meads lying within the parish of Bourton-on-the-Water aforesaid according
to the ancient and usual customs there used and enjoyed and also be standing or
growing on the said hill called Bourton Hill belonging to the said arable lands
and late belonging to a messuage in Bourton-on-the-Water aforesaid late in the
tenure of Ann Paxford
widow deceased which two closes eleven acres of arable land sheep pastures and cow
pasture were formerly purchased of one Thomas Martin
And Also all those twelve acres of
arable land be the same more or less lying and being in the Common Fields on
Bourton Hill aforesaid lying open and agreed to be continued and left open and
nor enclosed and hereinafter particularly mentioned (that is to say) eight
acres and an half part thereof be the same more or less lying and being in the
West Field and three acres and an half residue thereof lying in the East Field
Also one plot or parcel of furze
ground lying in and upon the common downs or hill of Bourton-on-the-Water
aforesaid and also common of pasture and feeding of and for four and twenty
sheep to be had and taken every other or second year and common of pasture and
feeding for five and twenty sheep to be had and taken every other or second
year the same sheep to go to pasture and feed in and upon all and every or any
of the fields down or communal places of and in Bourton-on-the-Water aforesaid
in such manner as the sheep of other the commoners or land occupiers of or in Bourton-on-the-Water
aforesaid have thereof usually gone to pastured or fed or shall or may go to pasture
or feed which said twelve acres of arable land and sheep pastures were formerly
purchased of one Andrew Lawrence and are in the occupation likewise of the said
Margaret Hanman
or her assigns and also two full third parts of all and every the tenths and tithes
of corn grain and hey to be yearly coming growing arising renewing and
increasing of in and upon all & singular the said two closes called by the
several names of Santhill and south lake and the said
two parcels of arable Land or any part or parcel thereof and all heads meres borders furrows freeboards hedges ditches trees
mounds fences ways waters easements commons rights members and appurtenances
whatsoever to all and singular the said premises by the said Margaret Hanman
and Ann Hanman
hereby granted and every part thereof belonging or in any wise appertaining or
to or with the same or any part thereof now or and any time held used occupied
or enjoyed or accounted reputed accepted or taken as part parcel or member
thereof or appurtenant thereto and the reversion and reversions remainder and remainders
thereof and all the estate right title use trust property claim and demand
whatsoever of them the said Margaret Hanman and Ann Hanman or either of them of in to or out of the same
premises or any part thereof by virtue of the last will and testament of Robert Hanman
deceased late husband of the said Margaret and father of the said Ann or
otherwise
To have
and to hold
the aforesaid several enclosed grounds called the Barn Ground, the Orchard
Ground, the Coppice Ground, Old Greensward, Santhill
and South lake the said seven acres and twelve acres of arable Lands tenths tithes
common of pasture and all and singular the premises with their appurtenances by
the said Margaret Hanman
and Ann Hanman
or either of them hereinbefore granted or mentioned or intended to be unto the
said John Reynolds and Richard Boswell
their heirs and assigns forever to and for the uses behooves
ends intents and purposes and upon the trusts and with and under such provisos
conditions and Agreements as are in and by these presents hereafter
particularly limited expressed and declared that is to say to the use and behoof of the said Margaret
Hanman and Ann
Hanman and the heirs of the said Ann Hanman
until the intended marriage above said shall be had and solemnized and from and
after the solemnization thereof to the intent and purpose that the said Margaret Hanman
shall and may from time to time and at all times during her natural life have
receive and take one annuity or rent charge of Thirty Pounds of lawful money of
Great Britain to be yearly issuing and going forth and out of all and singular
the said premises granted by the said Margaret
Hanman and Ann
Hanman or either of them as aforesaid with their
appurtenances to be paid to the said Margaret
Hanman or her assigns at four usual feasts or
days of payment in the year (that is to say) Saint Thomas the Apostle The
Annunciation of Our Blessed Lady St Mary the Virgin St John the Baptist and St
Michael the Archangel by even and equal portions free and clear of and from all
and all manner of taxes assessments and deductions on any account whatsoever
The first payment thereof to begin
and to be made on the first of the before mentioned days of payment that shall
next happen after the aforesaid solemnization of the said marriage and if it
shall happen that the said annuity or rent charge shall be behind or unpaid in
part or in all by the space of one and thirty days next over or after either of
the said feasts or days of payment whereon the same shall grow due and ought to
be paid as aforesaid the same being lawfully demanded then to the intent and
purpose that at all times thence with afterwards and so often It shall and may
be lawful to and for the said Margaret Hanman and her assigns into all and singular the same
premises to enter and distrain and the distress and
distresses there found to lead drive take away and impound and sell and dispose
of the same so much thereof as shall be sufficient to satisfy and pay the said
annuity as shall be so in arrears and unpaid as also all such costs and expenses
as the said Margaret Hanman
shall be at or putt unto for recovery of the same And in case no sufficient
distress can or may be found thereon to satisfy and pay the said annuity or
rent charge so in arrears as aforesaid And that the same continue in arrear and
unsatisfied for the space of forty days next over or after either of the said
feasts or days of payment thereon on the same ought to be paid as aforesaid that
then it shall and may be lawful to and for the said Margaret Hanman and her assigns into all
and singular the said premises so charged and chargeable with the said
annuities as aforesaid to re-enter and to receive and take the rents issues and
profits thereof until the said rent as aforesaid so in arrears and all costs
and charges concerning the same shall be fully paid and satisfied And as for and concerning All and singular
the said premises hereinbefore granted by the said Margaret Hanman and Ann Hanman or either of them with their
appurtenances as aforesaid to the use and behoof of
the said John Collett party hereto and his assigns for
and during the term of his natural life and from and after his decease to the
use and behoof of the said Ann Hanman and her assigns for and during
the term of her natural life which together with the aforesaid messuage lands
tenements and premises settled by the said John Collett in the name of her jointure
as aforementioned as in full satisfaction and bar of her dower or thirds which
she now claim or have in any lands tenements or hereditaments
whereof or wherein he the said John Collett is shall or may be
seized or any estate of inheritance and from and after the decease of the
survivor of them the said John Collett and Ann his intended wife to the use and behoof of the said John Reynolds and Richard
Boswell their Executors Administrators and Assigns for and during and unto the
full end and term of one thousand years from thence next ensuing and fully to
be complete and ended without impeachment of or for any manner of waste upon
such trust and to and for such intents and purposes and under such provisos and
agreements as are hereinafter expressed of and concerning the same and from and
after the end or other sooner determination of the said term of one thousand
years to the use and behoof of the heirs of the body
of the said Ann Hanman
by the said John Collett party hereto lawfully to be
begotten And for want of such issue to the use and behoof
of the said Henry Collett his Executors
Administrators and Assigns for and during the term of Five Hundred years thence
next following and fully to be complete and ended without impeachment of waste
upon trust and to the end intent and purpose hereafter declared concerning the
same (that is to say) upon trust that the said Henry Collett his Executors Administrators and Assigns do and shall
by sale or mortgage of the same term of and in the said ands tenements and
premises so limited to him for the term of five hundred years as aforesaid or
in a competent part thereof and by the rents and profits in the meantime and
until such sale raise and levy the sum of five hundred pounds of lawful money
of Great Britain to and for such use or uses as the said Ann Hanman by any writing or writings
under her hand and attested by two or more credible witnesses shall direct
limit or appoint and in default of such direction or appointences
then the said sum of money appointed to be raised as aforesaid being raised or
so much thereof as shall be raised shall be paid unto the person or persons to
whom the next and immediate reversion or remainder of the same premises
expectant upon the same term of Five Hundred years shall for that time being
belong or appertain
Provided also and it is hereby
declared and agreed by and between the said parties to these presents that in
case the said sum of money appointed to be raised for such use or uses as
aforesaid shall be by the said Henry
Collett his Executors Administrators and Assigns raised and levied by he
ways and means in that behalf afore mentioned
then and in such case the said term of Five Hundred years hereinbefore
limited of and in the said premises or so much thereof as shall remain undisposed of as aforesaid shall cease determine and be
utterly void any thing therein contained to the contrary thereof in any wise
notwithstanding and from and after the affirmation or other sooner
determination of the said term of five hundred years then to the use and behoof of the said John Collett his heirs and assigns
forever and to and for none other use intent or purpose whatsoever (subject to
and chargeable with the said annuity of thirty pounds in manner aforesaid) And
as for touching and concerning the aforesaid term of one thousand years limited
as aforesaid It is hereby declared and agreed by and between all the said
parties to these presents that the same term is so limited to them upon to and
for the use intents and purposes hereinafter expressed and declared (that is to
say) That in case there shall be issue male on the body of the said Ann Hanman by
the said John Collett her intended husband
to be begotten and there shall happen to be one or more child or children on
the body of the said Ann Hanman by the same John Collett to be begotten (other
than and beside such issue male on the body of the said Ann Hanman by the said John Collett to be begotten who
shall be inheritable to the said premises so limited for the term of One Thousand
years as aforesaid or any of them by and according to the limitations therein
contained)
Then upon trust that they the said
John Reynolds and Richard Boswell or the survivor of them and
his administrators or assigns shall and do by sale or mortgage of the said term
of one thousand years of and in the said Lands tenements and premises so
limited to them for the same term of one thousand years as aforesaid or of a
competent part thereof and by the rents and profits thereof in the mean time
and until such sale cause and levy the sum of Five Hundred pounds of lawful
money of Great Britain for the portion and portions maintenance and education
of all and every such child or children not being inheritable as aforesaid in
such proportions and manner as the said John Collett party hereto by his
last will and testament or any other writing or writings under his hand and
seal duly executed and attested by three or more credible witnesses shall
direct and appoint and in default of such direction and appointment unto such
child or children (not being inheritable as aforesaid) to be equally divided
between them share and share alike and if there shall be but one such child
(not being inheritable as aforesaid) such child to have the whole five hundred
pounds last mentioned provided also
And it is hereby further declared
and agreed by and between the said partied to these presents that in case there
shall be no child or children on the body of the said Ann Hanman by the said John Collett begotten (other than
such issue male as shall for the time being be immediately inheritable by
virtue of the limitations aforesaid) or there being such child or children that
shall happen to die before such child or children’s portion or portions shall
be proportioned or become due as aforesaid or in case the said last mentioned
sum of Five Hundred Pounds to be raised for such child or children’s portions
as aforesaid shall be by the said John Reynolds and Richard
Boswell or the survivor of them and his executors administrators and assigns
raised and levied by the ways and means in that behalf before mentioned then in
any of the said cases and at all times from henceforth the said term of one
thousand years before limited of and in the premises or so much thereof as
shall remain undisposed of as aforesaid shall
determine and be utterly void and of none effect any thing herein contained to
the contrary thereof in any wise not withstanding
And the said John Collett party hereto Margaret Hanman
and Ann Hanman
do severally and not jointly each for him and herself and for his her and their
several heirs executors and administrators and for every of them covenant
promise and grant to and with the said John Reynolds and Richard
Boswell their heirs and assigns in manner and form following that is to say that
all and singular the said premises with their appurtenances hereinbefore
severally granted shall and may from time to time and at all times hereafter
continue and be to and for the several uses intents and purposes upon the
trusts and under and subject to the annuities provisos and agreements
hereinbefore expressed and severally limited and declared concerning the said ----
and shall and may peaceable and quietly be held and enjoyed accordingly without
the lawful let suit trouble denial eviction or interruption of or by them the
said John Collett, Margaret and Ann Hanman severally or
their or either of their several and respective heirs executors and administrators
or of or by any other person or persons lawfully claiming or to claim the same
premises or any of them or any part or parcel thereof by or under them or any
of them severally their or any of their several said respective ancestors and
that free and clear and freely and clearly acquitted exonerated and discharged
or other wise well and sufficient saved harmless and kept indemnified by them
the said John Collett,
Margaret Hanman and Ann Hanman severally their several heirs
executors and administrators of from and against all and all manner of former
and other gifts grants bargains sales charges and incumbrances
whatsoever had made committed done or suffered severally by them the said John Collett, Margaret Hanman and Ann Hanman or any or either of them or
their or any either of their several and respective heirs executors and
administrators or any other person or persons whatsoever lawfully claiming or
to claim any Estate right title trust or interest of in to or out of the said
several premises or any of them or any part thereof or from by or under him her
them or any or either of them his her or their or any of their several acts
means assent consent default privity or procurement
(the said annuities only excepted)
And
further
that they the said John Collett, Margaret Hanman and Ann Hanman and all and every other person and persons
lawfully claiming or that shall or may have or lawfully claim any estate right
title trust or interest either in law or equity of into or out of the said
several premises or any of them or any part or parcel thereof from by or under
them or any of them severally their or any of their several and respective
ancestors shall and will from time to time and at all times hereafter on the
reasonable request of them the said John Reynolds and Richard
Boswell their heirs and assigns but at the proper costs and charges of the said
John Collett party hereto his heirs or assigns
severally do make acknowledge levy execute and suffer or cause and procure to
be severally made done acknowledged levied executed and suffered all and every
such further and other lawful and reasonable act and acts thing and things
devise and devises assurances and conveyances in the law whatsoever for the
further better and more perfect and absolute assuring concerning ratifying and
confirming all and singular the said hereinbefore severally granted premises
with their appurtenances to and for the several and respective uses intents and
purposes and upon the trusts and with and under the provisos and agreements hereinbefore
expressed limited and declared concerning the same respectively as by the said John Reynolds and Richard
Boswell their heirs and assigns or by their or any of their counsel learned in
the law shall be reasonably advised or devised and required be it by fine
recovery or otherwise howsoever so as such further assurances contain in them
the further or other covenants or warrants than herein is contained and so as
such party or parties for making or doing such further assurances be not
compellable to travel above the space of seven miles from his or her habitation
And
lastly it is agreed by and between the said parties to these presents and the said Ann Hanman
for herself her heirs and assigns doth hereby covenant promise and grant to and
with the said John Reynolds and Richard Boswell
their heirs and assigns that for the better and more effectual granting
assuring ratifying and confirming the said several parcels of eleven acres and
twelve acres of arable land tenths tithes and common of pasture to the said
arable Lands belonging with
appurtenances hereinbefore granted by the said Margaret Hanman and Ann Hanman as aforesaid to and for the
several and respective uses intents and purposes and upon the trusts and with
and under the provisos and agreements hereinbefore limited and declared
concerning the same and for barring all entails of and in the same lands that
she the said Ann Hanman
shall and will on this side and before the end of Michaelmas
Term next acknowledge and levy in due form of law before His Majesties Justices
of the Court of Common Pleas at Westminster unto the said John Reynolds and his heirs
one fine sur connuzance de droit come ceo to with
proclamations to be thereupon had according to the form of the statute in that
case made and provided and according to the usual and common course of fines
for assurances of lands and tenements in such and the like cases used and
accustomed of and upon all and singular the said several parcels of land tenths
tithes and common of pasture with the appurtenances by such name or names
quantity or quantities as in that behalf shall be fit and requisite and it is
hereby declared and agreed by and between all the parties to these presents that
the said fine so to be levied as aforesaid of all and singular the said several
parcels of arable land tenths and tithes and common of pasture with the
appurtenances and the full force and effect thereof and the full force and
effect of all other fine or fines recovery or recoveries conveyances
confirmation and assurances whatsoever already or hereafter to be had made
acknowledged levied executed and suffered of or upon the same premises and all
other the premises hereinbefore granted or any part thereof by or between the
said parties to these presents whether alone by themselves of jointly with any
other person or persons whatsoever or with or among any other lands tenements
or hereditaments shall be an enure
and shall be adjudged deemed and taken to be and enure
and by all the said parties hereby declared to be and enure
to and for the several and respective uses intents and purposes and upon the
trusts and with and under the provisos and agreements hereinbefore expressed
and severally limited and declared of and concerning the same and to and for
none other use intent or purpose whatsoever in witness whereof the parties
------ to these presents their hands and seals have interchangeably set the say
and year first above written
John Collett (Ref. 14J19) Margaret Hanman
(Ref. 14J19) Ann Hanman
(Ref. 14J19)
Witnessed by John Reynolds, Richard
Boswell, and Henry Collett
John Reynolds may have been
the grandfather of Ruth Reynolds
who in 1806 married Job
Collett (Ref. 14L8) who was a
grandson of John Collett (Ref. 14J19)and Ann Hanman
See John Collett (Ref. 14H6) for the
late grandfather of John Collett (Ref. 14J19)
It has not yet been determined
exactly who was Henry Collett ‘the younger and yeoman of Bourton-on-the Water’
and where he links into this family line
The widow Ann Paxford
was very likely the mother of Andrew Paxford
who married John’s sister Sarah Collett
(Ref. 14J18) in 1735
The words
behoof and behooves are old
English references to ‘advantage or profit’