Biddulph Byrche Marriage Settlement 1681

Date: [unknown] [unknown]
Location: [unknown]
Surnames/tags: Biddulph Byrche

Marriage Settlement between Sir Theophilus Biddulph and Edward Byrche on the marriage of Symon Biddulph to Jane Byrche, 1681.

Manor of Franckton with appurts. and messuages, all Co. Warwicks. Articles of agreement for marriage settlement. Sir Theophilus Biddulph/Edward Byrch on marriage of Symon Biddulph son and heir of Sir. Theo. Biddulph and Jane Byrch D1057/E/3/8

Spelling, punctuation and linebreaks as on the original manuscript (wide document so lines may wrap on screen).

Articles of agreement indented made concluded and fully agreed upon the Twentiyeth day of February in the fower and thirtyeth
yeare of the raiyne of our sovereigne Lord Charles the second by the Grace of God of England Holland France and Ireland king defender of the
faith or annus dei 1681 Betweene Sir Theophilus Biddulph of West Combe in this county of Kent knight and baronett of the one part and
Edward Byrche of Leacroft in the County of Stafford Esq of the other part

Whereas there is a marryage (by God’s permission) intended shortly to bee had and solemnised betweene Symon Biddulph second son of the said Sir Theophilus Biddulph and
Jane Byrche eldest daughter of the said Edward Byrche (in case the said Symon and Jane shall thereunto consent Now it is covenanted concluded and fully agreed upon by and betweene
the partyes to those persons And the said Edward Byrche doth for himselfe his heyres executors and administrators covenant promise and grant to and with the said Sir Theophilus Biddulph
his executors administrators and assignees and every of them that he the said Edward Byrche shall and will (in case the said marryage take effect) well and truly pay or cause to bee payd
unto the said Sir Theophilus Biddulph his executors administrators or assignees the sum of one thousand pounds of current English money as a porcon with the said Jane in manner
and form following (that is to say) the sum of five hundred pounds part of the said one thousand pounds on or before the last day of Easter terme now ensueing (in case
the said marryage take effect before the said Easter terme) and the like sum of five hundred pounds the remayneing part of the said sume of one thousand pounds on or before the last day of
Michaelmas term then next after (in case the said marryage take effect before Easter terme as aforesaid) But in case the said marryage doo not take effect before Easter terme as
aforesaid Then the first five hundred pounds shall bee payd within three months after the said marryage doth take effect. And the other five hundred pounds the remayneing part of
the said sume of one thousand pounds within six months after the payment of the said first five hundred pounds. And that he the said Edward Byrche shall and will for the
space of three years next ensuring the said marryage (in case it take effect) give and provide for the said Symon and Jane and theyre servants not exceeding the number of
three good and sufficiently of lodging and other necessary conveniencyes in case they the said Symon and Jane shall think fit during the said three years to live and board
with the said Edward Byrche.
And the said Sir Theophilus Biddulph in consideration of the said marryage to bee had and porcon to be payd as aforesaid doth for himself his heyres executors and administrators
and every of them covenant promise and agree to and with the said Edward Byrche his heyres executors and administrators and every of them in manner and forme following (that is to say)
That he the said Sir Theophilus Biddulph shall and will within the space of three months after the said marryage shall take effect att the request cost and charges of the said Edward
Byrche his heyres executors or administrators will and sufficiently convey settle and assure free from all encumbrances done by him or any claymeing under him All that the Mannor and Lordshipp
of Frankton in the county of Warwicke (or soe much thereof as he the said Sir Theophilus Biddulph or any person or persons in trust for him or to his use is or are seized of att the time of the sealing
and executing of these present) with the rights members and appurtenances thereunto belonging Together with all messuages houses outhouses gardens orchards lands tenements
meadows pastures foodings commons woods underwoods royaltyes rents services proffitts commodityes emoluments hereditaments and appurtenances whatsoever to the said Mannor or Lordship belonging
or in anywise appertaining or therewith usually occupyed or employed. And all other the messuages lands tenemants and hereditaments whatsoever of him the said Sir Theophilus Biddulph situate lying and being
in the parish of Frankton in the said county of Warwick unto the said Edward Byrche his heirs and assignees for ever. Nevertheless subject unto and with order and upon the several
trusts provisoes conditions and lymitations herein after mentioned expressed lymitted and declared (That is to say) As of for and concerning all and singular the said Mannour
or Lordshipp messuages lands tenements hereditaments and premises before mentioned with theyre and every of theyre appurtenances intended to bee conveyed as aforesaid To the use
and behoofe of the said Symon Biddulph and his assignees for and dureing the terme of his naturall life with remaynder over upon the forfeiture of his estate to some person or persons
to bee named during his life to support the contingent remaynders. And from and after the decease of the said Symon Biddulph Then As of for and concerning soe much of the
said Mannour or Lordship and premises as shall bee agreed upon betweene the said Sir Theophilus Biddulph and the said Edward Byrche to bee of the yearly value of one hundred
and fifty pounds to the use and behoofe of the said Jane and her assignes for and dureing the terme of her naturall life for her joynture. And in full recompense and satisfaction
of such dower as she may clayme out of any the lands and tenements of the said Symon. And from and after the severall and respective deceases of the said Symon and Jane and
as theyre several and respective estates shall end cease and determine then To the use and behoofe of the first sonne of the body of the said Symon Biddulph upon the body of
the said Jane lawfully to bee begotten. And the heyres males of the body of the first sonne lawfully to bee begotten. And for default of such issue to the use and behoofe of the second
sonne of the body of the said Symon Biddulph upon the body of the said Jane lawfully to bee begotten and the heyres males of the body of such second sonne lawfully to bee begotten.
And for default of such issue to the use and behoofe of the third fowerth fifth sixth seaventh eighth ninth tenth and every other sonne and sonnes of the body of the said Symon
Biddulph upon the body of the said Jane lawfully to bee begotten. And the heyres males of the body and bodyes of every such sonne and sonnes severally and respectively. As
they shall bee in seniority of age and priority of birth still preferring the elder and the heyres males of his body before the younger and the heyres males of his body. And for
default of such issue to the use and behoofe of such trustees as shall bee nominated and appoynted by the said Sir Theophilus Biddulph and Edward Byrche in the settlement as
aforesaid to bee made and the survivor of them and the executors administrators and assignees of such survivour for and dureing the term of five hundred yeares from thence next
ensueing and fully to bee compleate and ended without impeachment of wast (except in the houses and buildings) Subject neverthelesse to the trust and trusts in the proviso
hereafter mentioned. And from and after the end ceasing or other determination of the said terme of five hundred years. To the use and behoofe of the heyres males of the
body of the said Symon Biddulph upon the body of any other wife lawfully to bee begotten. And for default of such issue to the use and behoofe of Michael Biddulph eldest sonne
of the said Sir Theophilus Biddulph and the heyres males of his body lawfully to bee begotten. And in default of such issue to the use and behoofe of the said Sir Theophilus Biddulph
And of his heyres and assignees forever. In which said deed it is declared and agreed there shall bee a provisoe contayned to declare that the terme of five hundred yeares to bee
lymitted to the trustees to bee named in this settlement to bee made as aforesaid is soe lymitted to those upon the trust and to the intent hereafter mentioned (that is to say) in trust
and to the intent and purpose that they the said trustees and the survivors of them and the executors administrators and assignees of such survivors shall and may out out of the rents and
proffitts of the premises to them to bee lymitted or by makeing one or more lease or leases thereof or of any part thereof upon one or more fyne or fynes or by sale of any part thereof or
by such other wayes or meanes as the said trustees in theyre discretion shall thinke fitt rayse porcons and maintenance for daughters in case the said Symon have one or more daughter or
daughters and not issue male by the said Jane in such manner as is hereafter mentioned (that is to say) if but one such daughter the sume of one thousand pounds for such one
daughter to bee payd att her age of eighteene yeares or day of marryage which shall first happen and yearly sume of thirty pounds in the meane tyme and untill the said porcon
shall become payable for her maintenance and education. But if there happen to bee two or more such daughters then the sume of two thousand pounds to bee equally divided
among them and to bee payd to her or to them att her or theyre severall and respective age and ages of eighteene yeares or day or days of marryage which shall first happen. And
untill the said porcon and porcons shall become payable as aforesaid the said trustees or the survivour of them or the executors administrators or assignees of such survivour shall raise pay
and allow out of the said rents and proffitts unto such daughters such respective sumes of money for yearly maintenance and education until their porcons shall severally
and respectively become payable as shall bee agreed upon and mentioned in the settlement as aforesaid to bee made. The said yearly allowances to cease severally and
respectively as the porcon and porcons shall bee payd unto the said daughters. And that such further and other provisoes shall bee inserted in the said intended
settlement as shall bee thought fitt and convenyent by the said Sir Theophilus Biddulph and the said Edward Byrche. And the said Sir Theophilus Biddulph doth further for
himself his heyres executors and administrators covenant promise and agree to and with the said Edward Byrche his heyres executors and administrators and every of
them that untill a good and perfect conveyance and assureance of the premises and every part thereof to the uses aforesaid can and may bee had and executed.
He the said Sir Theophilus Biddulph his heyres and assignees and all and every person and persons standing and being seised and possessed of the premises or any
part thereof to his use or in trust for him shall and will stand and bee thereof seised and possessed to the uses intents and purposes as aforesaid. And to and for
none other use intent or purpose whatsoever. In witness whereof the partyes to those present interchangeably have put their hands and seals the day
and yeare first above written.
Theo Biddulph