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 :- Acknowledgement to the Essex
Record Office
Ref : D/DB T439/9