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’