Family History

Prenuptial Agreement

Thomas SPITTEY & Mary JAMES

... concluded upon and agreed unto .... in the eleventh year of the reign of our Sovereign .... of Great Britain and Ireland Queen ... one thousand seven hundred and twelve ...Thomas Spittey of Bowers Gifford in the County of Essex gent of the ...... Mary James of the Parish of Prittlewell in the County ... parts and Joseph Haswell of North Benfleet in the County beforesaid clerk and William Massa of Brentwood in the County ..... part And are as followeth (that is to say)

? ? here is a marriage intended by the permission God to be shortly and solemonised by and between the said Thomas Spittey and the said Mary James with whom the said Thomas Spittey is to have and receive as a marriage portion in money and stock the value of nine hundred pounds or thereabouts In Consideration whereof he the said Thomas Spittey doth by these p'sents for himself his heirs executors and administrators covent promise article and agree to and with the said Joseph Haswell and William Massa their executors and administrators and every of them by these p'sents that he the said Thomas Spittey shall and will before the twentieth day of March next ensueing settle convey and assure unto and upon them the said Joseph Haswell and William Massa their heirs and assigns a freehold Estate of land of inheritance of the yearly value of five and forty pounds

And the paym't of seven hundred pounds of lawful money of Great Britain for the use and benefit of Thomas, Samuel and Mary James (children of the said Mary James by John James her late husband decd) and to be paid when they shall attain to their respective ages of one and twenty or days of marriage which shall first happen according as she the said Mary James (the mother) at any time during the coverture between them the said Thomas Spittey and the said Mary James (the mother) by her last Will and Testament in writing testified by three or more credible witnesses or by any other writing under her hand and seal testified as aforesaid shall declare limit and appoint

This shall in the mean time (if the said marriage shall take effect) find and provide for them the said Thomas, Samuel and Mary James (the children) convenient and necessary meat drink washing lodging schooling and apparel suitable to their quality

And in case any difference shall arise between the said Thomas Spittey and the said Mary James (the mother) touching the educating and providing for the said children that then the said Thomas Spittey shall and will at his own charge board them out and provide for them elsewhere according to their quality

Item the said Thomas Spittey doth further covert promise and article and agree to and with the said Joseph Haswell and William Massa their executors and administrators by these p'sents (that in case the said intended marriage shall take effect between the said Thomas Spittey and the said Mary James (the mother) that it shall and may be lawful to and for the said Mary James (the mother) at any time during the coverture between them the said Thomas Spittey and the said Mary James (the mother) either by her Last Will and Testament in writing testified by three or more credible witnesses or any other writing under her hand and seal testified as aforesaid to sell alien or dispose of all or any of the lands and tenements that descended to her the said Mary James (the mother) as heir at law to Lawrence Skylder her late father decd. or of any lands or tenements that were purchased by her the said Mary James at any time since the decease of her said father or of the thirds of any lands or tenements that the said John James her late husband either purchased or died seized of And also of one silver tankard and one silver cup that was her fathers and one silver tankard and one silver cup and silver spoons bought by her before her intermarriage two silver salt and silver pepper box three silver spoons marked M ? one Curral set in silver and gold chain and two pair of earings

Item the said Thomas Spittey in further consideration of the said promises doth by these p'sents further covent promise article and agree to and with the said Joseph Haswell and William Massa their executors and administrators that he the said Thomas Spittey shall and will confess and acknowledge a judgement unto the said Joseph Haswell and William Massa in her ma'ties Court of Common Pleas at Westminster as of the last Hilary Teane? in an action of debt upon a mutuatus for four hundred pounds besides costs of suits defeazable and to be defeazanced for the payment of two hundred pounds at the days and times and in such manner and form as the said seven hundred pounds herein before mentioned shall become due and payable

And also as soon as either of the said children shall be capable of being put out to a trade that he the said Thomas Spittey shall and will at his own proper costs and charges put them out to a trade (if the said Mary James his said intended wife shall desire the same)

And it is further covenanted concluded upon and agreed unto by and between all the said parties to those p'sents

And it is the true intent and meaning of all and every the said parties to the same And the said Mary James (party to these p'sents) doth for her executors and administrators coevnt promise declare and agree to and with the said Joseph Haswell and William Massa their executors and administrators and every of them by these p'sents that he the said Thomas Spittey s? have the said nine hundred pounds in money and stock for his own use and benefit for and towards the support maintenance and education of the said children Thomas, Samuel and Mary James as aforesaid

In Witness whereof the said the said parties first above named to these p'sent articles interchangeably have their hands and seals the day and year first above written.


Baptist Church Records at the Essex Record Office Chelmsford :-
Ref : D/DB T439/9

Acknowledgement to the Essex Record Office


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