A rip roaring tale involving Beauchamps, a marriage and a stack of cash
So in plain (ish) English we think the following document basically translates as follows :-
Three person indenture, 7th June 1700 between Thomas Turnor and Executor of Bernard Turnor, Thomas & Anne Crowch, Robert Elwes & Samuel Calbert. Original Indenture dated 5th August 1692 and made or mentioned agreement between
Thomas Crowch, Bernard Turnor and Ffrancis Fflyer, Anne Crowch (Turnor)
Several Mortgages from John Hanbury Esquire of certain Lands in Kelmarsh in the County of North’ton and that the same were in the same Indenture mentioned vested in the said Thomas Crowch as a security for payment of One Thousand eight hundred thirty and three pounds and Interest plus there was a marriage coming between Thomas Crowch and Anne Turnor.
Bernard Turnor was owed £1833 and interest by John Hanbury which he paid and then Bernard Turner paid Thomas Crowch
Bernard Turnor’s marriage settlement for Anne was that £1833 plus £1500
The Manor of Affledwich alias Beauchamps County of Hertford and the Advowson of Little Hormead. Settled as a 99 year lease for Thomas Crowch for him, Anne his wife and his sons and their sons and if he dies before Anne, and she’s pregnant – she better hope it’s a boy – otherwise she’s homeless! Thomas Turnor or Bernard Turnor release any right to claim on any of these properties
Dated: 7th June 1700
This Indenture trivartite made the seventh day of June Anno Qui One Thousand and seven hundred and in the twelfth yeare of the reigne of our Sovereigne Lord William the Third by the Grace of God of England Scotland Ffrance and Ireland King defender of the ffaith BETWEENE
Thomas Turnor of Little Court in the parish of Layston in the County of Hertford Gent Sonn and heire and Executor of Bernard Turnor late of Little Court aforesaid Esquire deceased of the first part
Thomas Crowch of Buntingford in the said parish of Layston Gent and Anne his wife of the second part
and Robert Elwes of Throcking in the said County of Hertford Esquire and Samuel Calbert of London Gent of the third part
WHEREAS by Indenture bearing date the ffifth day of August One Thousand six hundred Ninety and two and made or mentioned to be made between the said
Thomas Crowch of the first part the said
Bernard Turnor and Ffrancis Fflyer of London in the County of Hertford Esquire of the second part and the said
Anne Crowch by the then name of Anne Turnor Eldest Daughter of the said Bernard Turnor of the third part
reciteing severall Mortgages therein mentioned from John Hanbury Esquire of certain Lands in Kelmarsh in the County of North’ton and that the same were by the wayes and meanes in the same Indenture mentioned vested in the said Thomas Crowch as a security for payment of One Thousand eight hundred thirty and three pounds and Interest And reciteing that there was a marriage then intended to be shortly had and solempnized betweene the said Thomas Crowch and the said Anne Turnor.
Hee the said Thomas Crowch in consideration of the said intended marriage and of One Thousand five hundred pounds secured to be paid by the said Bernard Turnor for part of the Marriage portion of the said Anne to be laid out in purchaseing of some ffreehold Lands or tenements to be setled as therein and hereinafter is mentioned and in consideration of tenn shillings to him(?) therein mentioned to be paid by the said Bernard Turnor and Ffrancis Fflyer Did assigne the said mortgages and premises to the said Bernard Turnor and Ffrancis Fflyer their Executors Administrators and assignes for the then remainder of the severall Termes and Estates the said Thomas Crowch then had therein
And it was in and by the said Indenture covenanted and agreed by and betweene the said parties thereunto that the said Summe of One Thousand eight hundred thirty and three pounds as the same should be received as also the said One Thousand five hundred pounds should be paid and laid out with the approbation and good likeing of the said Thomas Crowch and Bernard Turnor or their respective Exec’tors or Administrators for the purchasing of some Estate Lands Tenements or Hereditaments (???). to be settled upon two trustees to be chosen one by the said Thomas Crowch and the other by the said Bernard Turnor or their respective executors or administrators and their heires upon the trusts and to the several Uses Intents and purposes in the same Indenture herein…… (???) ………by the said recited Indenture relation being thereunto had may fully appeare AND WHEREAS
the said marriage between the said Thomas Crowch and Anne Turnor was soon after solempnized and
the said Bernard Turnor did in his life time receive the said Summe of One Thousand eight hundred thirty and three pounds soe due upon the said mortgages from the said John Hanbury and
the said Bernard Turnor in his life time and the said Thomas Turnor his executor since his death have paid and satisfied to the said Thomas Crowch all interest any waye due or payable from them or either of them for the said Summes of One Thousand eight hundred thirty and three pounds and One Thousand five hundred pounds or either of them the receipt of which interest the said Thomas Crowch doth hereby acknowledge But the said purchase or settlement hath not as yet been made
AND WHEREAS
the said Thomas Turnor for the more speedy effecting and makeing of the said settlement and accommodation of the said Thomas Crowch and the said Anne his wife and at the desire of the said Thomas Crowch hath agreed to settle and convey the Mannor Messuages Lands tenements and hereditaments herein after mentioned unto the said Robert Elwes and Samuel Calbert and their heires and upon the Trusts and to the severall uses intents and purposes herein after mentioned in payment and satisfaction of the said severall Sumes of One Thousand eight hundred thirty and three pounds and One Thousand ffive hundred pounds soe remaining to be paid by him the said Thomas Turnor as Executor to the said Bernard Turnor for the makeing the said purchase and settlement and the said Thomas Crowch and Anne his wife doe hereby agree to accept of the same accordingly
NOW THIS INDENTURE WITNESSETH that for and in consideration of the said Sumes of One Thousand eight hundred thirty and three pounds and One Thousand five hundred pounds and in full payment satisfaction and discharge thereof and of all covenants and agreements for payment of the same or either of them And in consideration of the Sume of tenn shillings of Lawful money of England to the said Bernard Turnor by the said Robert Elwes and Samuel Calbert in hand paid at or before the ensealing and delivery of those presents the receipt whereof he doth hereby acknowledge and for other good considerations him hereunto moveing Hee the said Thomas Turnor HATH granted bargained sold released and confirmed and by those presents at the request and by the consent and appointment of the said Thomas Crowch and Anne his wife testifyed by their being parties hereunto and sealing and delivering of these presents DOTH fully and absolutely grant bargain sell release and confirme unto the said Robert Elwes and Samuel Calbert in their peaceable possession thereof now being by virtue of a bargain and sale to them thereof made by the said Thomas Turnor for one whole yeare for the consideration of ffive shillings lawfull English money by Indenture bearing date the day before the day of the date of these presents and by force of the Statute for transferring Uses into possession and to their heires
ALL THAT the Mannor of Affledwich alias Beauchamps with the Rights Members and appurtenances whatsoever in the said County of Hertford And also all and every the Messuages Cottages Lands Tenements Meadowes Pastures Ffeedings Woods Underwoods Rents Revertions Services Courts Baron Courts Leet perquisites and profitts of Courts and Leets priviledges profits commodities Emoluments and hereditaments whatsoever or of what kind or nature soever they be or by what Name or Names soever they or any of them are or may be knowne discerned named or called to the said Mannor belonging or In any wise appertaining or accepted reputed taken or knowne as part parcell or member thereof Or now or at any time heretofore demised leased used occupyed or enjoyed And also
ALL THAT the Mannor or Mansion house or ffarme called or knowne by the name of Affledwick alias Beauchamps or by whatsoever Name or Names the same now is or hath been called or knowne situate lying and being in the parish of Layston aforesaid heretofore in the Occupation of John Sibley his assignee or assignes and now or late in the possession or occupation of Nathaniel Sabin his assignes Lessees or undertenants and all those severall closes pieces or parcells of Land Meadow Pasture and Woodground to the said Mannor house and ffarme belonging or therewith used and occupyed containing together by estimation three hundred acres be the same more or less situate lying and being within the severall Townes Ffields and Territories of Layston aforesaid Anstye Great Hormead and Wydyall in the said County of Hertford and all the Houses Outhouses Dovecoats Barnes Stables Edifices Buildings Barksides Orchards Gardens Woods Underwoods Comons and Comon of pasture profitts comodities emoluments hereditaments and appurtenances whatsoever to the said Mannor or Mansion house ffarme Lands and hereditaments belonging or in any wise appertaining or therewith now leased used occupied or enjoyed
AND ALL THAT the Advowson Donation Nomination Collation presentation Right of Patronage and free dissposition of in and to all that the Rectory parsonage and parish church of Little Hormead alias Hormead in the said County of Hertford with the Rights Members and appurtenances whatsoever to the said Advowson Rectory parsonage and Parish Church belonging or in any wise appertaining And also
ALL THOSE two third parts the whole in three equall parts to be divided of and in all that the Advowson Donation Nomination Patronage and right of Presentation of in and to the Church Vicaridge and Chappell of Great Hormead al’s Hormead in the said County of Hertford with the Rights Members and appurtenances whatsoever to the same belonging or in any wise appertaining and also all the Estate Right Title Interest use possession trust property clayme and demand whatsoever and howsoever both in Law and Equity of him the said Thomas Turnor of in and to the said Mannor Messuages Advowsons Lands tenements hereditaments and premisses above granted or mentioned or intended to be granted with their and every of their appurtenances and every or any part or parcell thereof And the Revertions and Remainders Rents Issues and profitts thereof and of every part and parcell thereof And all Deeds Evidences and writeings whatsoever touching and concerning the same of any part thereof which are in the hands of possession of him the said Thomas Turnor or of any other person in trust for him or for his use or which he can or may come by without Suite in Law
TO HAVE to hold the said Mannor Messuages Advowsons Lands tenements hereditam’ts and all and singular other the premisses above granted or mentioned or intended to be granted with their and every of their appurtenances unto the said Robert Elwes and Samuel Calbert their heires and assignes forever Upon the trusts and to the severall uses intends and purposes following (viz) To the use and behoofe of the said Thomas Crowch and his assignes for and dureing the Terme of Ninety and Nine yeares from hence next ensuing if hee the said Thomas Crowch shall soe long live without impeachment of or for any manner of Wast and from and after the expiration or other determination of the said terme of Ninety Nine Yeares then to the use and behoof of the said Robert Elwes and Thomas Turnor and their heires for and dureing the life of the said Thomas Crowch upon trust to support and preserve contingent remainders herein after limitted from being destroyed or defeated and for that purpose to make entries from time to time as occasion shall require But nevertheless in trust to permitt the said Thomas Crowch to receive the Rents and profitts thereof dureing his life and from and after the death of the said Thomas Crowch then
TO the use and behoofe of the said Anne his now wife for and dureing the terme of her naturall life for her Joynture and in full liew recompence and satisfaction of her Dower and Thirde at the Comon Law And from and after the deceases of the said Thomas Crowch and Anne his wife then
TO the use and behoofe of the first sonn of the body of the said Thomas Crowch or the body of the said Anne begotten or to be begotten and of the heires male of the body of such first sonn lawfully to be begotten and for default of such Issue then to the use and behoofe of the second sonn of the body of the said Thomas Crowch or the body of the said Anne begotten or to be begotten and of the heires male of the body of such second sonn lawfully to be begotten And for default of such issue
TO the use and behoofe of the third sonn of the body of the said Thomas Crowch or the body of the said Anne begotten or to be begotten and of the heires male of the body of such third sonn lawfully to be begotten and for default of such issue
TO the use and behoofe of the ffourth ffifth sixth seaventh eighth ninth tenth and all and every other sonn and sonns of the body of the said Thomas Crowch or the body of the said Anne lawfully to be begotten severally and successively one after the other as they and every of them shall be in priority of birth and seniority of age and of the severall and respective heires male of the body and bodies of all and every such sonn and sonns lawfully to be begotten the elder of such sonns and the heires male of his body always to take and be preferred before the younger and the heires male of his and their body and bodies and for default of such Issue In case the said Anne shall be Euseint or with child at the time of the death of the said Thomas Crowch then to the use and behoofe of the said Robert Elwes and Thomas Turnor and their heires untill the time the said Anne shall be delivered of such child or dye which of them shall first happen In trust only for the preservation of the contingent remainders unto the sonn of the said Thomas Crowch by the said Anne if she shall be Euseint of a sonn or sonns and if such afterborne child or children shall be a sonn or sonns Then To the use and behoofe of such afterborne son and sonns and the heires male of his and their respective body and bodies lawfully to be begotten the elder of If such afterborne sonns and the heires male of his body being preferred to take before the younger and the heires male of his body and for default of such issue To the use and behoofe of the heires of the body of the said Thomas Crowch or the body of the said Anne lawfully to be begotten and for default of such issue To the use and behoofe of the right heires of the said Thomas Crowch forever and to or for no other use intent or purpose whatsoever
AND the said Thomas Turnor for himselfe his heires and assignes doth covenant promise and grant to and with the said Thomas Crowch his heires and assignes by these presents that for and notwithstanding any Act matter or thing by him the said Thomas Turnor or by the said Bernard Turnor done or suffered to the contrary (Except as herein after is excepted) that the said Thomas Turnor now at the time of sealing and executeing of these presents is seized and standeth seized of a good estate of Inheritance in ffee simple of and in the said Mannor Messuages Advowsons Lands Tenements and premises herein before mentioned to be hereby granted and released
AND that the said premises and every part and parcel thereof now are and be and for ever hereafter shall remain routine and be to the uses herein limitted and declared free and clear and freely and clearly acquitted and discharged of and from all former and other Gifts Grants Bargains Sales Leases Wills Entailes Rents Arrearages of Rents and other incumbrances whatsoever has made committed done or suffered by the said Thomas Turnor or Bernard Turnor or or any clayming by from or under them or either of them
One Indenture of Lease bearing date the sixth day of January in the yeare of our Lord One Thousand six hundred Ninety and two made betweene the said Bernard Turnor of the One part and the said Thomas Crowch of the other part for the term of ffive hundred yeares which is since assigned by the said Thomas Crowch to Samuel Tookie of London Gent only foreprized and excepted AND the said Thomas Turnor for himselfe his heires Executors and Administrators DOTH further covenant promise and grant to and with the said Thomas Crowch his heires and assignes that he the said Thomas Turnor and his heires and all persons clayming under him shall and will at all times hereafter dureing the terme of seaven yeares next coming after the date hereof at the request costs and charges of the said Thomas Crowch his heires or assignes doe make acknowledge levy suffer seale and execute Or cause to be done made acknowledged levyed suffered sealed and executed all such further and other reasonable art and arts devise and devises and assurances in the Law for the further and better setling and assureing the premisses hereby granted to the uses herein before limitted and appointed concerning the same as by the said Thomas Crowch his heires and assignes or his or their councell shall be reasonably devised or advised and required PROVIDED alwayes ……. is declared and fully agreed unto by and betweene all and every the said parties to these presents that it shall and may be Lawful to and for the said Thomas Crowch dureing his naturall life and after his decease to and for the said Anne his wife and to and for any other person or persons being tenant or tenants in possession of the Ffreehold of the said Mannor Messuages Lands and premisses or any part or parcell thereof by virtue of any of the Limittations aforesaid at any time or times by any writeing to be signed and sealed by him her or them respectively in the presence of two or more credible witnesses to demise lease or grant all and singular the said Mannor Messuages Lands tenements and premises with their and every of their appurtenances to them respectively limitted as aforesaid or any part or parcell of them or any of them unto any person or persons whatsoever for the Terme of One and Twenty Yeares or under in possession and not in reversion Soe as upon (???) every such lease and leases be reserved the full and utmost yearly improved or rack(?) rent that can be gotten for the same respectively and soe as no such lease be made dispunishable of Wast and soe as in every such Lease there be condition of Reentry for non payment of rent and soe as every such lessee or lessees seale a counterpart of his her or their lease QUI WITNES whereof the said parties first above named have to these present Indentures interchangeably sett their Hands and Seales the day and yeare first above written.
Signed and Sealed:
Thomas Turnor
Thomas Crowch
Anne Crowch
Robert Elwes
Samuel Calbert
View originals: At the Hertfordshire Archive offices this is DE/WY/39776