Reference
X740/17
Title
Indenture of Grant
Parties
(i) Edmund Wingate of Millbrook, gent.
(ii) Mary Willoughby, widow and late wife of Robert Willoughby late of Eakley (Bucks.), esq., Humphrey, Monoux, Richard Button, and Edmund Brasey of Wootton, esqs., and Henry Fookes the younger of Wootton, yeoman.
Recitals
That MW, 'out of her pious and godly disposition' and to the intent and purpose that the poor people of the parish of Wootton 'may hereafter have the better livelyhood and maintenance', is minded to settle and provide unto and for 6 poor widows of the parish of Wootton an annuity or yearly portion of £3.p.a.
Operative part
Grant (grant and confirm) from (i), 'very willing to further the saide godly and pious worke...' and for and in consideration of £50 paid to him by MW, to (ii) of:
(a) 1 annuity or yearly rent charge of £3 p.a. 'to be issuing and going fourth out' of 30 acs. of arable land, ley and meadow ground lying dispersedly in the common fields of Pillinge in the parish of Wootton, late in the tenure or occupation of Nicholas Keines or his assigns but now in the tenure or occupation of Peinold Chawkeley or his assigns.
Habendum: to have, hold perceive, receive, take and enjoy the said annuity unto (ii) for ever in trust and confidence nevertheless and to and for the only use and benefit of 6 poor widows of the parish of Wootton to be chosen and nominated by (ii), their heirs and assigns, and the Overseers of the Poor; to be payable half yearly in and upon the feast days of the Nativity of Our Blessed Lord and Saviour and Pentecost by even and equal portions at or in the S. porch of the parish church, the first payment to begin upon the 25 Dec. next.
Provisoes that if the annuity is behind and unpaid by the space of 20 days then it shall be lawful for (ii) to enter into and distrain the said 30 acs. or any part thereof 'and the distresse and distresses there found to take, leade, drive, cary away and impound and in pounde to detaine and keepe untill such time' as they shall be fully satisfied the £3 and its arrears; and if behind or unpaid by the space of 40 days, then(i), his heirs and assigns, shall 'forfeite and Loose' unto (ii) the sum of 6s. a month by way of fine ('nomine pene', for every month the same shall be so behind unpaid for which said monthly sum it shall be lawful for (ii) in like manner to enter and distrain as above.
Covenant by the parties that the annuity shall be paid and disposed of to and for the only use and benefit of 6 poor widows etc. to be chosen and nominated etc. as above (and in default of 6 such poor widows, then to the use and benefit of such other poor persons of the said parish which together with the poor widows there found may make the full number of 6 to be likewise nominated and appointed by the Feoffees and Overseers), to be equally divided between the 6 widows or 6 other persons.
Covenant by (i) to pay the annuity to (ii) at the days, times and place aforesaid; and that the said 30 acs. and every part thereof is and shall be 'sufficient overt open and lyable' to and for the distress(es) of (ii) in case the annuity shall not be paid.
Seal missing; pendant tag (sig. of (i)).
Dorse: sealed, signed and delivered in the presence of George Smyth, Ambrose Sam' and John Sam'. 19 Jun 1657 For Deed of Appointment of new Trustees, dated 24 Jul 1678, see P3/25/4(a)-(c).
Date free text
19 June 1657
Production date
From: 1657 To: 1657
Level of description
item