Mary Paine
this indenture made 13.7.1678 between Thos Saville of Colne Engaine gentleman of the one part and Jn Cressener of Earls Colne gentleman Mary Cressener widow and relict of Geo Cressener late of Earls Colne gentleman deceased mother of the said Jn Cressener and Sibilla Cressener one of the daughters of the said Geo Cressener and the said Mary of the other part whereas a marriage by the permission of god is intended shortly to be had and solemnized by and between the said Thos Saville and Sibilla Cressener and whereas the said Geo Cressener in and by his last will and testament in writing did give and bequeath to the said Sibilla Cressener and her heirs one messuage called the Newhouse with the lands tenements and hereditaments thereunto belonging or therewith used or enjoyed in Earls Colne and all those parcels of meadow or pasture ground called Pakes Gate Mead otherwise Ringers containing in the whole 10a be the same more or less and held of the manor of Earls Colne by copy of court roll and whereas the said Geo Cressener did not surrender the said copyhold premises to the use of his will whereby the same by the death of the said Geo Cressener descended to the said Jn Cressener being his son and heir and whereas the said Sibilla Cressener is under the age of 21yrs whereby the said messuage and premises cannot at present be assured to such uses as are hereinafter mentioned now this indenture witnesseth that in consideration of the said intended marriage and to the intent a competent and convenient jointure or provision of maintenance may be settled and assured to and upon the said Sibilla Cressener in case she happen to survive the said Thos Saville her intended husband it is covenanted concluded and agreed by and between the said Jn Cressener and Mary Cressener for and on the behalf of the said Sibilla and by and between the said Thos Saville in manner following and first the said Jn Cressener for himself and his heirs executors and administrators covenant and promise and grant to and with the said Thos Saville his heirs executors and administrators that he the said Jn Cressener his heirs and assigns and all and every other person or persons seised of the said copyhold meadow or any parcel thereof in trust for him shall and will within three months next ensuing the date of these presents in due form of law according to the custom of the said manor of Earls Colne surrender into the hands of the lord or lords of the said manor the said meadow or pasture ground called Pakes Gate Mead otherwise Ringers free from all former surrenders forfeitures and encumbrances had made done or suffered by him to the use of the said Sibilla Cressener and her heirs until the said intended marriage had and solemnized and from and after the solemnization thereof to the use of the said Sibilla and her assigns for and during the term of her natural life and after her decease to the use of the said Thos Saville and his heirs and assigns forever and further that he the said Jn Cressener within 3months next ensuing the date thereof shall and will seal as his act and deliver unto the said Thos Saville one obligation of the penal sum of 1000li upon the condition following therein to be inserted that is to say that if the said Sibilla Cressener her heirs and assigns after the said intended marriage had and solemnized upon request to her or them made by the said Thos Saville and at the cost and charges of the said Jn Cressener his heirs and assigns shall and do by fine or such other lawful conveyance and assurance in the law as by the said Thos Saville and his heirs and assigns or his or their council learned in the law shall be reasonably advised devised and required well and sufficiently convey and assure the said freehold messuage called Newhouse with the lands thereunto belonging or therewith used free from all charges and incumbrances had made done or suffered by her or them to or to the use of the said Sibilla Cressener and of her assigns for and during the term of her natural life and after her decease to the use of the said Thos Saville his heirs and assigns forever and also if until such conveyance or assurance well and sufficiently executed the same messuage lands and tenements shall or lawfully may continue and be to the same uses without the let suit eviction or interruption of the said Sibilla Cressener her heirs or assigns or any of them and without any account to be given to her or them for the rents issues and profits of the same that then the said obligation to be void and it is concluded and agreed that the said freehold and copyhold messuage lands and premises are in full of the marriage portion of the said Sibilla and the said Mary Cressener for herself her heirs executors administrators doth covenant grant and agree to and with the said Thos Saville his heirs executors and assigns that for and in consideration of the said intended marriage she the said Mary Cressener within 3months next ensuing the date of these presents shall and will in due form of law release and discharge unto the said Sibilla Cressener and her heirs and assigns her right and title of dower or thirds of in or to the said freehold messuage lands and premises and all and every writ or writs of dower action or actions for the recovery of the same and the said Thos Saville for the considerations aforesaid for himself and his heirs executors and administrators doth covenant grant and agree to and with the said Jn Cressener and Mary Cressener their executors and administrators in manner and form following that is to say that he the said Thos Saville his heirs and assigns within three months next ensuing the date of these presents and at his and their costs and charges shall and will in due form of law and according to the several customs of the respective manors whereof the copyhold lands and tenements herein after mentioned are respectively holden surrender the same lands and tenements free from all titles surrenders forfeitures and encumbrances had made done or suffered by him or his late father that is to say all that customary messuage or tenement called Posteads or otherwise held of the manor of Wakes Colne with the outhouses buildings orchards gardens and lands thereunto belonging or reputed to be appertaining and all that parcel of customary land called Lane House Land otherwise Lane Ways Land and one croft thereunto adjoining and two crofts adjoining to the highway in Colne Engaine and two other crofts one head thereof abutting upon Kitchinfield all which last mentioned premises are held of the manor of Colne Engaine and now are in the occupation of Jn Sparrow his assign or assigns and also all those 12a3r9p of land called Ryefield and Kitchingfield being customary lands and held of the manor of Goldingtons and are situate in Colne Engaine aforesaid to the use of the said Thos Saville and his heirs until the said intended marriage had and solemnized and from and after the solemnization thereof to the use of the said Thos Saville for and during the term of his natural life and after his decease to the use of the said Sibilla for and during the term of her natural life and after her decease to the use of the heirs of the body of the said Thos Saville upon the body of the said Sibilla lawfully to be gotten and for want of such issue to the use of the right heirs of the said Thos Saville forever and further that within 12months after the said marriage solemnized the said Thos Saville his heirs executors and administrators at his and their costs and charges shall and will procure the said Sibilla Cressener to be admitted tenant to the said copyhold lands and tenements held of the said three manors last mentioned and shall pay the fine that shall be due upon of for her several admissions to the same and it is concluded and agreed between the parties to these presents that the said messuages lands and premises hereinafter forementioned and agreed to be settled upon the said Sibilla for her life shall be and are declared to be in full of the jointure off the said Sibilla and in barr of her dower in witness whereof the parties to these presents have interchangeably put their hands and seals the day and year first above written Jn Cressener Mary Cressener Sibilla Cressener
sealed and delivered by
Jn Cressener
in the presence of
Jn Eldred
Jn Brond
S Grimston
sealed and delivered by the within named
Mary Cressener
and
Sibilla Cressener
in the presence of us
Geo Hayward
Mary Paine