Contents
The Marriage Settlement
Introductory comments
As can be seen in the extract from the top of the first page below, the indenting process has been rather over-enthusiastic resulting in a piece of the text at the top right of this document being removed. In the transcript below, the points at which the document has been cut away are marked “///”.
One of the casualties of the missing part of this document is the date; however, this is shown on the reverse side in two places as Dated 8th May Anno Domini 1708: 
The text below is a full transcription of the document, generally using the spellings of the original. However, paragraphs and section numbers have been added to improve legibility and to make cross referencing more secure.
The purpose
The marriage settlements at this time were a legal mechanism to control property across generations, not just between husband and wife. In this document the bride, Sarah Amyas, handed over her property, the Manor of Knappetes also Roberts, to the Rev. John Amyas and Edward Sayer who were to act as trustees. The Manor was made up of approximately 87 acres of land along with a manor house and other buildings. The groom was granted income from the Manor during his lifetime, and was able to lease the property, but it was not his to sell outright.
This indenture also gave protection to Sarah Amyas in case she outlived the groom as a widow. Following the deaths of both bride and groom, the Manor was to pass to their children – if any.
The Indenture
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This Indenture Tripartite made the eight & ///
by the grace of God of Great Britaine, France and Ireland, Queen, Defender of the [faith] ///
of the parish of Saint James in Westminster in the County of Middlesex, Gentleman, of the first part, Sarah Amyas ///
Sayer of the city of Norwich, Apothecary of the third part
Witnesseth That for and in consideration ///
Amyas and therefore in case the said Marriage shall take effect to the intent and purpose that ///
herein after mentioned and expressed may be settled and Assured to and upon them the said John Calender and Sarah Amyas and the Issue of the body ///
to be begotten in such manner and forme as herein after is limitted, declared and appointed and for divers other good and valuable causes and consideracons ///
moveing she the said Sarah Amyas Hath Bargained, sold, Aligned, granted, Released and confirmed and by these presents Doth Bargain, sell, Alien, grant, Release and confirm unto the said John Amyas and Edward Sayer (in their actuall and quiet possessions now thereof being by Vertue of One Indenture of Bargain and Sale to them thereof made for one whole year by the said Sarah Amyas bearing date the day next before the day of the date of these presents and of the statute made for transferring of uses into possession) and to their heires
1) All That the Mannor called Knappetes alius Roberts with the rights, members and Appurtenances whatsoever to the same belonging, And all and singular the Messuages, Edifices, Houses, Dovehouses, Barnes, Stables, Orchards, Yards, Gardens, lands, Tenements, Meadows, Pastures, Feedings, rents Revercions, services, Courts, Profitts, Commodities and Hereditaments whatsoever with their and every of their Appurtenances to the same Mannor belonging, incident of Apperteyning, Accepted, reputed, taken or knowne as part, parcel or members of the said Mannor, or to, or with the same Mannor Devised, leased, used or Occupyed, scituate, lying and being in Deopham, Morleyes, Wicklewood, Hingham or Hackford or in any of them or elsewhere in the said County of Norfolk,
2) And all that Mannor House and Capitall Messuage or Tenement called Knappetes alius Roberts, And all other the Edifices, Houses, Dovehouses, Barnes, Stables, Orchards, Yards, Gardens, lands, Tenements, Meadows, Pastures, inclosures, profitts and Comodityes to or with the same Mannor house & Capital Messuage or Tenement belonging, used of Apperteyning scituate, lying and being in Deepham Aforesaid, entire and together between the lands late of Sir Phillip Woodhouse, Barronet, on the part of the East and the lands and Messuage called Hobart’s alius Cames in part and the Common Pasture of Deepham upon a certaine place called Pye Hill towards the west, and upon the land of the Deane and Chapter of Canterbury in part and a pightle called Hickletons in part towards the East1;
3) And also one piece of land conteyning by Estimation one acre whether the same be more or less, lying and being in Deepham aforesaid inclosed in a Pightle called Hickletons which said pightle lyeth next the last recited inclose on the part of the part of West and the inclose belonging to the Deane and Chapter of Canterbury on the part of the East and abutt upon the lane called Pye Lane towards the South and upon another inclose belonging to the said Dean and Chapter called the Skooty Close towards the North;
4) And also one other Messuage or Tenement called the Pye and all other the Houses, yards, gardens, Hemplands, lands, pightles and pastures to the same belonging and next adjoining, conteyning by Estimacion two acres scituate, lying and being in Deepham aforesaid next the aforesaid lane called the Pye Lane on the part of the North and abutt upon the Aforesaid hill called the Pye Hill towards the West;
5) And also one Messuage or Tenement void called Cames, late Hobart’s, and Seaven acres of Meadow now divided into severall pightles and next adjoyning to the said Messuage or Tenement void Scituate, lying and being in Deepham Aforesaid next the Dovehouse, Yard and Barne Yard being parcell of the above mentioned premisses belonging to the said Mannor House and Capitall Messuage or Tenement on the part of the East and a certain Meadow called Bonnes in part on the part of the West, and abutt upon the next recited inclose towards the South and the said Common Pasture towards the North;
6) And also one inclose of Arrable conteyning by Estimation Seaven acres, whether the same be more or less, lying and being in Deepham Aforesaid more South with a Pightle conteyning by Estimation two acres on the south end of the said inclosure, next the Aforesaid inclose called the Barne Yard in part and the inclose called the Middle Close, being parcell of the said premisses belonging to the Mannor house in part on the part of the East, and the next recited inclose on the part of the West and abutt upon the Meadow called Caines towards the north and the Aforesaid Hill called Pye Hill in part towards the South;
7) And also one other pightle of pasture lying in Deepham Aforesaid next the last recited pightle on the part of the East and abutt upon a place called Tills Pond towards the south;
8) And also one inclose of Arrable land called the croft lately divided conteyning by Estimation two and thirty acres, whether the same be more or less, lyeing and being in Deepham Aforesaid next the last recited inclose in part and the last recited pightle of Pasture in part on the part of the East, and the next recited inclose on the part of the west and abutt upon the Copyhold lands of the Mannor of Shadwells alius Cockrells in part and part of the Aforesaid Meadow called Caines in part towards the North and the King’s highway towards the South;
9) And also one inclose of Arrable land conteyning by Estimacion three acres, whether the same be more or less, lying and being in Deepham aforesaid next the last recited inclose called the croft on the part of the East, and abutt upon the King’s highway towards the south;
10) And also one Meadow now in two divisions called Bonns conteyning by Estimacion Four acres lyeing and being in Deepham Aforesaid next the aforesaid meadow called Caines on the part of the East and the lands of the said Mannor of Shadwells alius Cockerells on the part of the West and abutt upon the lands of the same Mannor towards the South, and the Common pasture of Deepham aforesaid towards the north;
11) And also one other Messuage or Tenement with the Yards, Orchards, Lands, Meadows and Pastures to the same belonging, late in the use and occupacion of Henry Cooper;
12) And also one other Tenement void with a Barne, Yards, Lands, Meadows and Pastures to the same belonging late in the use and Occupacion of Francis Smith;
13) And also one Meadow thereto adjoining called Robert’s Meadow, which said Messuages, Yards, Orchards, Barne, lands, Meadow and Pasture late in the Occupacion of the said Henry Cooper and Francis Smyth together with the said Meadow called Robert’s Meadow conteyneth by Estimacion twelve acres whether the same be more of less and are scituate, lying and being in Deepham Aforesaid, nigh a certaine Street called Nether Crowstreet entire together next the Aforesaid Inclose called the croft in part and the Aforesaid inclose conteyning by Estimacion three acres and the Messuage, Orchyard and lands of George Brook in part on the part of the south and the said Common Pasture of Deepham Aforesaid on the part of the north and Abutt upon the said Streett and Common Pasture towards the west, and the lands of said Mannor of Shadwells alius Cockrells towards the East;
14) And one piece of Arrable land conteyning one acre and three roods, whether the same be more or less, lying in Deepham Aforesaid in a certain place called West Field next the land late of George Cooper Clarke and Since of Edward Paine on the part of the East and the land late of the said Edward Payne on the part of the West and Abutt upon the land late of the said George Cooper and Since of the said Edward Payne in part towards the south, and the Aforesaid land leading from the Pye Aforesaid towards Nether Crow Street Aforesaid towards the north;
15) And also two Severall inclosures of land and pasture conteyning by Estimacion twelve acres and two severall pightles of pasture conteyning by Estimacion three acres, whether the same be more or less, lying and being together in Hingham aforesaid, being formerly inclosed out of the Field called Stallen Field next the land now or late of William Gooch on the part of the north and a certain lane called the Cock lane on the part of the south and abutt upon a certain pack lane towards the East and the aforesaid field
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called the Stallon Field towards the West, All which premisses now and or late were in the use, possession or Occupation of Simeon Bale, his Undertenant or Undertenants, Assignee or Assignes;
16) And all and singular the Messuages, Houses, Edifices, Buildings, Barnes, Stables, Outhouses, Dovehouses, Yards, Gardens, Orchards, Tofts2, Crofts, Lands, Tenements, Cottages, Meadows, Pastures, feedings, Commons, Woods, Underwoods, Wasts, Moores, Marshes, wayes, waters, fishings, rents, Revercions, Services, Courts, works of Tenants, Farmers, libertyes, priviledges, profitts, Commodities, Emoluments and Hereditaments to the said Mannor of Knappetts alius Roberts belonging or Apperteyning or with the same Mannor had used, Occupied, demised or Enjoyed or letten or accepted, reputed, taken or knowne as part, parcell or member thereof, scituate, lyeing, being, happening, coming, growing or renewing within the said Townes, fields, parishes, hambletts, territories, precincts or libertys of Deepham, Morley, Wicklewood, Hingham or Hackford or in every or any of them in the said County of Norfolk;
17) And all other the Messuages, Lands, Tenements and hereditaments of her the said Sarah Amyas with their and every of their Appurtenances, Scituate, lyeing and being in Deepham, Hingham, Hackford, Wicklewood and Morleys aforesaid or in any or either of them or in any other Towne or Townes to them or any or either of them next of near adjoining and the Revercions, Remainder and Remainders thereof;
And all the Estate, right, title, Interest, trust, equity and benefitt of redempcion, claim and demand whatsoever of her the said Sarah Amyas of, in, unto or out of all and every the premisses Aforesaid with their and every of their Appurtenances;
To have and to hold the said Mannor and Mannors and all and singular the Freehold lands, Tenements, Hereditaments and premisses Aforesaid with their and every of their rights, members and Appurtenances to the said John Amyas and Edward Sayer and their heires and for such uses, intents and purposes and subject to the powers, provisoes and Agreements as are herein after mentioned and Expressed, That is to say:-
To and for the use and behoofe of her the said Sarah Amyas and her heires and Assignes untill the said intended marriage shall take Effect and shall be had and Solemnized, and from and after the Solemnizacion thereof, then
To and for the use and behoofe of the said John Calender for and dureing the terme of his naturall life without impeachment of, or for, any manner of wast,
And immediately from and after the decease of him the said John Calender, Then
To and for the use and behoofe of her the said Sarah Amyas for and during the terme of her naturall life without impeachment of, or for, any manner of wast, and from and after the decease of the said Sarah Amyas and John Calender and the longest liver of them, then
To the use and behoofe of the Heires of the body of her the said Sarah Amyas by him the said John Calender to be begotten, And for want of such Issue, Then
To the use and behoofe of the Heires and Assignes of the Survivour of the the said John Calender & Sarah Amyas,
Provided allwayes and itt is hereby declared and agreed by and between the said parties to the presents for themselves, their Heires and Assignes respectively, That if the said marriage shall take Effect, and it shall be had and Solemnized, Then it shall and may be lawfull to and for the said John Calender by any writeing or writeings, Indented under his hand and seal & testified by two or more credible wittnesses to make any Lease or Leases, Demise or grant of the said Messuages, lands and premisses, or any part or parcell thereof, to any person or persons for the terme of Twenty one years or for any Lesser terme or number of Yeares in possession but not in Revercion or by way of Future Interest or Estate So as noe Such Lease or Leases, Demise or grant, be made without impeachment of wast and soe as upon every such Lease or Leases, Demise or grant, Soe to be made there be reserved and made payable yearly by halfe yearly payments dureing the continuance of such term or termes as shall be made and granted the best and most improved Rents that can or may be gotten for the same without any Fine or Fines or any other thing or things in the nature, or in lieu of any Fine or Fines to be had or received thereupon and soe as there be contained in every such Lease or Leases, Demise or grant, A proviso condicion, or power of Entry and makeing void Such Lease and Leases, Demise or grant in case the rents received thereupon shall be continued unpaid by the space of three months after any of the days or times hereunto to be respectively limitted for payment there of the said Severall Yearly rents to be paid as Aforesaid by the several Lessees, Tenants or Farmers of the said premisses soe to be demised to the person or persons to whom the immediate Revercion or Remainder of the said premisses shall from time to time Appertyne or being by virtue of any limittacion or Appointment herein contained,
And the said Sarah Amyas Doth hereby for herselfe, her Heires, Executores and Administrators Covenant, grant and agree to and with the said John Amyas and Edward Sayer, their Heires and Assignes in manner following (That is to say):-
That if the said marriage shall take Effect, that then she, the said Sarah Amyas, her Heires and Assignes shall and will at the request of the said John Amyas and Edward Sayer or their Heires and Assignes (but att the costs and charges of the said John Calender, his Executors and Administrators) in due form of Law Surrender, Convey and Assure all and singular so much of the said premisses as is or are Copyhold in such manner and forme as the Councell of the said John Amyas and Edward Sayer, their Heires and Assignes shall advise and devise soe as the said Copyhold premisses and every part thereof shall and may from time to time and all times then afterwards be holden and occupied by such person and persons who by vertue of these presents are, or ought to Enjoy and have the immediate Estate of the Freehold premisses aforesaid or soe near as the Law and Custome and Customes of the Mannor or Mannors whereof they are respectively holden will permit;
And alsoe that if the said marriage shall take effect, That then the said Sarah Amyas, her Heires and Assignes, shall and will from time to time and all times then afterwards, att and upon the reasonable request of the said John Amyas and Edward Sayer, their Heires and Assignes (but att the costs and charges of the said John Calender, his Executors and Administrators) soe make Levy, Execute and Suffer or cause to be made done, levyed, Executed and Suffered all and every such Further and other reasonable and lawful Act and Acts, thing and things surrendered, Assurances and Conveyances, in the Law whatsoever for the Further better and more perfect assuring, settling and confirming of all and singular the premisses therein before mentioned or any part of parcel thereof to and for the several uses, intents and purposes herein before mentioned and Expressed concerning the same respectively as by the Councell Learned in the law of the said John Amyas and Edward Sayer, their Heires and Assignes shall be reasonably devised or advised.
In witness whereof the partyes to these present Indentures have hereunto Interchangeably sett their hands and seales the day and year First above written:
John Callender
Sarah Amyas
John Amyas, clerk
Edward Sayer
The original of this indenture is held by the Northumberland Archive; their reference is ZRI/53/4/5.
Transcription © G. Sankey
Footnotes
- There are two definitions in this section as to what lies to the East. ↩︎
- Tofts is/are the site of a house ↩︎
| Date | Change |
|---|---|
| 24/4/26 | Published |
Deopham History 