RepositoryCheshire Record Office
ReferenceDDS 18/10
TitleCopy of a Deed: Indenture
Datec 1533
DescriptionThe text reads xx(.)th day of April 25 H 8; there is only room for one letter in the lacuna, either a i or a v. The regnal year runs from 22 April 1533 to 21 April '34.

Parties: 1. Sir Arthur Eyre Kt, 2. Sir Anthony Fitzherbert Kt, Justice of King's Bench.

Marriage contract; covenants upon the intended marriage of Thomas son and heir of party 2 to Anne daughter of party 1, for the creation of an estate as a Marriage Settlement viz:-

a) an estate in expectancy upon default of heir male to party 1, in lands held to his use by Sir Phillip Draycote Kt and Sir William Basset Kt and others; remainders to Anthony Nevell, Robert, Richard, Humfrey, Thomas Neyvell, Alexander Neyvell Anthony's youngest brother, Christopher Eyre of the Hiegh Lowe, Edward Eyre of Holme, Roland Eyre of Hassope, and the heirs male begotten of each, in default of which remainder the right heirs of party 1.

b) The remainder of all leases unexpired at the death of party 1 to Anne, thence to the Honour and inheritor of Over Padley co. Derby for the maintenance of the house there.

c) Reversion to Anne of the jointure lands of Dame Elizabeth Heyre (or Heire) mother of party 1, which Dame Elizabeth is to enjoy for term of life.

d) An estate in use or possession in all the lands of party 1 after his death to be created for Thomas whereby he may cut wood and fuel for maintaining a fire on Bolehill yearly for life without impeachment for waste.

e) Remainder to Anne of an estate to be created by party 2 in fee simple value £20 per annum in Roffington co. Derby to his own use; thereafter remainder heirs male of party 2, thence to use expressed in the Will of John Fitzherbert Esq dosd. The Estate to be subject to Provisos

i. a grant of £20 per annum to Dame Darathe Eyre wife of party 1 for life out of the issues.

ii. an annual rent of 40s. to Humfrey Meverell Gent for term of life with right of distress.

iii. an annual rent of 5 marks out of the ferme of Castilton to John Eyre bastard son of party 1 until he be promoted to a benefice of that value.

iv. Dame Elizabeth Eyre mother of party 1 to have the right afsd in article c. above and the right to live undisturbed in the manor place of Over Padley.

Contract made for a consideration of 400 marks to be paid by party 2 for the assurance of the same, by portions viz;- 200 at the sealing of these, 100 to party 1's executors at the parish church of [Hampstall] [Ridware] Ridware co. Staff.within 3 months after his death, 100 to the same executors in the same parish church of Ridware Hampstall within 2 years thereafter as security for which 1's feoffees are to stand seised in an estate of £100 with proviso for refund if party 1 has issue male, within 6 months of the birth of such issue, and for the repayment again of that refund if the male issue die without issue.

Mark: Q. g. 7. 25.H.8.
Physical DescriptionPaper: 4 sheets 12" wide by 15".
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