Schedule to Indenture Thomas Temple in Frankton 1658

Date: [unknown] [unknown]
Location: Frankton, Warwickshire, England
Surname/tag: Temple

Contents 1 Introductory Notes 2 Persons mentioned 3 Transcription conventions 4 Text of schedule 5 Sources

Introductory Notes

This schedule is an attachment to an indenture for a mortgage for the sum of £1000 borrowed by Thomas Temple from John Cartwright.^[1] Under the terms of the mortgage Thomas Temple was required to provide evidence and documentation for the fines, indentures and agreements mentioned in the schedule, in order to show that the land being offered as security for the loan, part of the manor of Frankton, was free from any other encumbrances. For some of the agreements, appearance in the schedule is the only evidence known.

Thomas Temple had inherited the manor of Frankton on the death of his father John Temple in August 1642.^[2] As John recognised in his will, he left debts related to a loan taken out in 1609 but he also left legacies to his other unmarried children John and Mary. John was left £1500 and Mary £700 upon her marriage. In order to ensure that the debts and lagacies were paid, initially Thomas Temple was only to receive the ownership of one third of the Frankton manor, with the other two thirds to be used to pay the debts. John observed this might take several years. The schedule also mentions Streetfield, a farm near Monks Kirby, Warwickshire, which had been left to Thomas by his father.

Thomas was also only 20 and underage at the time of his father's death so control of the estate passed to two executors - Thomas Hammond, son-in-law to John, and James Fiennes, nephew to John. There were also two futher overseers - William Fiennes, Lord Say and Sele, John's brother in law, and his son Nathaniel Fiennes, brother to James.

The content of the schedule includes the agreement for the outstanding debt from 1609, a release from Thomas Hammond and James Ffiennes from their control of the manor, a marriage settlement between Thomas Temple and Sir Francis Carew and a release from further debts to Thomas Hammond. The schedule also states that Mary Temple had married Adrian Scrope who had then excused Thomas from paying the £700 owed on Mary's marriage. This appears to be the only known record that Adrian Scrope married twice, all previous records of Scrope's life list just one wife, Mary Waller. Thomas's brother John is also recorded as having given up the legacy of £1500 owed from his father's estate.

Persons mentioned

The scedule mentions the following people who were parties to the agreements mentioned in the schedule.

• Thomas Temple: Thomas Temple, Lord of the Manor of Frankton
• John Cartwright: John Cartwright, businessman from Aynho, Northampton, lender of the sum covered by the Indenture
• John Temple (1): John Temple, father of Thomas Temple
• William Dod, Walter Birrolls, William Fenys, Anthony Cope: Signatories to indenture entered into by John Temple
• James Ffienns: James Fiennes, nephew to John Temple (1),
• Euseby Dormer: Euseby Dormer, lawyer
• John Temple (2): John Temple, brother of Thomas Temple
• Thomas Hamond: Thomas Hammond, brother in law to Thomas Temple, formerly married to (deceased) Susan (Temple) Hammond
• Rebecca: Rebecca Carew, wife of Thomas Temple
• Sir Francis Carew: Francis Carew Kt of Beddington, father of Rebecca Carew
• Theophilus Biddulph: Theophilus Biddulph Bt, businessman of Greenwich and Staffordshire
• Adryan Scroope: Colonel Adrian Scrope, regicide
• Mary Temple: Mary (Temple) Scrope, sister of Thomas and John Temple, wife of Adrian Scrope

Transcription conventions

Spelling, punctuation and line breaks are as per the original document.
Crossings through have been included struck out
Paragraph breaks at change of bequest, and bold text are my own for ease of reading.
Where present, the obsolete letter Thorn has been rendered as th, and ff has been rendered as F
Abbreviations and breviographs have been expanded in [square brackets]
The image quality was good and the writing legible.
Non standard spelling as per usual for this time period, which has been transcribed verbatim.

Text of schedule

A schedule Indented conteyning the p[ar]ticular deeds fines & evedences ment & intended by the covenant in the
Indenture whereunto this is fixed to be shwed forth by Thomas Temple Esq therein named his heires & assignees for the
mainteyning of the estate & terme of John Cartwright Esq therein alsoe named his ex[ecutor]s Administrators & assignees thereby grannted
First one Indenture tri[par]tate dated the third day of May in the yeare of our Lord one thousand six hundred & nyne made betweene John Temple
Esq of the first p[ar]t William Dod gent and Walter Birrolls of the second part And William Fenys Esq & Anthony Cope Esq of the third [par]te by which
the said John Temple Esq covenants with William Dod & Walter Birrolls before the end of that p[re]sent Easter terme to levy a fine of the Mannor of
Frankton with th’appurtences and of all that close of pasture called Streetfeild with th’appurtences to make them perfect tenants to the p[re]misses and
that a comon wrong might be had of the p[re]misses against them whoom the said William Fenys & Anthony Cope should be [……….] The said
William Dod and Walter Birrols tenants and the said John Temple vouchee to these uses as for the Mannor of Frankton & all other the p[re]misses
with th’appurtences to the use of the said John Temple and the heires of his body lawfully begotten with other remainder s over w[ith] power of Advocacy
Also the ffine and wrong which were suffered in Easter terme accordinge to the said cove[na]nt Alsoe the last will and testament of the said John Temple dated
the twentieth of July one thousand six hundred fforty two by which he revoakes the said Indenture

the following line inserted in the document above the previous one

and thereby makes a new settlement of the p[re]misses in taile upon the said Thomas Temple with other reainders order

continuation of main text

Also one Indenture dated the first of february in
the twentieth yeare of the raigne of the late king Charles made betweene the said Thomas Thomas Temple of the one part And James Ffienns and
Euseby Dormer Esq of the other part by which they declare a recovery [.. lost in fold ..] Mich[aelm]as term last past of all the said p[re]misses to the use of the said
Thomas Temple his heires & assignees forever Also the exemplifycacon of the said recovery^[3] Also One release from James Ffienns & Thomas
Hamond unto the said Thomas Temple of all their estate in the said p[re]misses Also one Indenture dated the eighteenth day of June 1645 Betweene Thomas
Temple Esq of the one part And Sir Francis Carew knight of the bath and James Ffienns Esq of the other part by which the said Thomas Temple in
considerance of a Marriage had betweene him & Rebecca his wife & of two thousand pounds porcon cov[en]ents to levy a fine to the said Sir Francis
Carew & James Ffienns of all the said Mannor and p[re]misses and declares the use thereof for the Mannor of Frankton and all the lands there To the use of
the said Rebecca his wife for her life for her joynture & in recompence of her dower and after to the said Thomas Temple & the heyres males of his
body on the body of the said Rebecca begotten And as for Streetfeild to the use of the said Thomas Temple & the heires males of his body on the body of the said
Rebecca And for default of pure heires to the said Thomas Temple his heires & assignes for ever Also the ffine levyed in pursuance of the said cov[en]ent in
Trinity Terme the one & twentieth of King Charles^[4] Also a release from Adryan Scroope Esq dated the first day of January 1652 by which he releaseth
all his interest in the said p[re]misses to the said Thomas Temple and his heires which is inrolled in Chancery Also a release the fourteenth day of June 1654
from John Temple brother of the said Thomas to the said Thomas Temple of the legacy given by John Temple the father to the said John Temple the
sonne being one thousand five hundred pounds Also an acquittance dated the tenth of December one thousand six hundred fourty seaven from Thomas Hamond
to the said Thomas Temple of all claimes of legacyes debts and other interest due to him from the said Thomas Temple Also one Indenture dated the third day of
June 1658 betweene the said Thomas Temple & Rebecca his wife of the one part And Theophilus Biddulph & Euseby Dormer Esq of the other part whereby they
cov[en]ent with the said Theophilus Biddulph & Euseby Dormer to levy a fine of the land in the Indenture whereunto this is fixed menconed which is by the same
Indenture of the third of June 1658 declared to the use of the said Thomas Temple and Euseby Dormer & their heires Also the said ffine levyed in trinity terme
1658 Also one release dated the eight day of November 1648 from the said Adryan Scroope to the said Thomas Temple for seaven hundred poinds given to
Mary Temple now the wife of the said Adryan Scroope & one of the Daughters of the said John Temple the father by the last will of the said John
Temple^[5]

Sources

1. ↑ Indenture made 22nd November 1658 between Thomas Temple of Frankton and John Cartwright of Aynho in consideration of the sum of one thousand pounds. Document held privately. Viewed 4th November 2022 by Peter Mason
2. ↑ Will of John Temple of Frankton, Warwickshire, 24 November 1642, PROB 11/190/417
3. ↑ Probably a recovery to free the estate for the marriage agreement
4. ↑ Indicates marriage between Thomas Temple and Rebecca Carew was 1646
5. ↑ Marriage of Mary Temple and Adrian Scrope was before 1648