Indenture between Sir Robert Plumpton and William Babthorpe

5 Indenture between Sir Robert Plumpton and William Babthorpe, 11 May
        1496 (CB, 781)

This indenture, maid the xj day of May the xj yeare of our souereigne
lord King Henry the vij betwene Sir Robart Plompton, knight,^a of the
one partie, & William Babthorp, gentleman, of the other partie,
witnesseth that it is couenanted, granted and agread betwene the said
parties in forme folowing, that is to say that William Plompton, son &
heire apparant to the said Sir Robart, shall, with the grace of God,
marry & take to wife Isabell Babpthorp, cossin & heire to Dame Isabell
Hastings, late deceased, late wife to Sir John Hastings, knight, &
neace to the said William Babpthorpe before the feast of St Michell
tharchangell next coming, & that the said Isabell shall, by the said
grace, marry & take to husband William Plompton before the said
feast; & also it is agreed that if the said William Plompton decease, as
God defend, before carnall knowledg betwene him & the [said] Isabell,
that then the son of the said Sir Robart that then shall be his heire
apparant shall, within xx weekes next after that, marry & take to wife
þe said Isabell, if the said son & the said Isabell will <thereto> agre; &
that the said Sir Robert shall obtaine & git licence suficent in the law
for the said mariage or mariages to be had & solemnised, according to
the law of Holy Church, at his proper costes & charges.

     And the said Sir Robart granteth, by thes presents, that the said
William, his son, after the marriage solemnised betwene him & the said
Isabell, shall continue the same without disagrement or dissputing to
the same, vpon his partie. Also it is agread that the said Sir Robart
shall beare the costs of the array of the said William, his son, and his
son to be married to the said Isabell in forme afforesaid, the day &
days of the said mariages, & the costes of the meat & drink to be
expended at the mariage & mariages, & that the said William shall
beare the costes & charges of tharay of the said Isabell the day of hir
first mariage.

     And also it is couenanted & agread betwene the said parties that the
said Isabell shall haue to hir heire the manor of Saccompt in the
countie of Hertford, & Watterton in the countie of Lincolne & all other
lands, tenements & herrediments with their appurtinences in the said
countie of Hertford, & in Hotoft, Amcotes & Watterton in the countie
of Hertford, & in Hotoft, Amcotes & Watterton in the countie of
Lincolne, & in Estoft,¹ Selby & Kirkby vpon Wharfe in the county of
York, except certaine closes in Selby called the Flates, wherof Sir
Robart Babpthorp, knight, or Dame Elizabeth, his wife, grauntseer &
grauntmoder to the said Elizabeth, or Sir Raufe Babpthorp, knight,
vnkell to the said Isabell, or any of them, weare seased of anie estaite
of enhirritaunce, without let of the said William Babpthorp or his heires
for ever.

     And the said William Babpthorp granteth for him and his heires by
these presents pat he & his heir shall doo as much as shall be in their
power to make the said Isabell assure of the said maner, lands,
tenements & herediments, with their appurtinances, except before
excepted, by fine, feoffment, release, with warrant, sufferance of reco-
ueres, or otherwise as shall be avised by the said Sir Robart & William,
his son, & other son of the said Sir Robart being husband to the said
Isabel, & his or their councill, at his or their charges & costs, whensoever
the said William Babpthorpe or his heir shall therto be reasonable
required by the said Sir Robert, William, his heir, or other his sones,
husband to the said Isabell.

     And over this, it is agreed that the said William Babthorp shall haue
him & his heire all the lands, tenements & herediments with their
apurtinances in the parish of Hemyngburgh, Midleton vpon the Wold,
North Cave, Hundsley, Loftsowe,^b & Wistow in the county of York, &
in Colby in the county of Lincolne, with their appurtinances, wherof
the said Sir Robart Babpthorpe, Sir Raufe Babpthorpe, knights or
Master Thomas Babpthorp, clerk, or any of them, weare seased of any
estaite of any enheritance; & also the said closes in Selby, before except,
in satisfaction of all theas lands, tenements & herediments with their
appurtinances that wear or be in tailed to any of the name of
Babpthorpe, his anchestors, or to the heire male of any of their bodies,
without let or interruption of the said William Plompton & Isabell, or
any other son of the said Sir Robart, husband to the said Isabell, &
heire of the said Isabell for ever.

     And the said Sir Robart granteth by thease presents that he shall
doo & cause the said William Plompton, or other his son that shall
hapen to be husband to the said Isabell, and also the said Isabell to
doo as much as shall be in his or anie of their power to doo to make
the said William Babpthorp & his heir asurance of the said lands,
tenements & herediments with their appurtinances in the parishes of
Hemyngburgh, Midleton, North Cave, Hundsley, Loftsowe & Wistow
abouesaid; & also of the closes befor except, and of the lands, ten-
ements & herediments in Colby before said, with their appurtenances,
by fine, feoffment, release, warrant, suferance of recoueries & otherwise
as shall be advised by the said William Babpthorp & his heire, & his
or their counsill at his or their cost & charges whensoever the said Sir
Robart, William, his son, or any other his son, husband to the said
Isabell, & the said Isabell shall therto be reasonable required by the
said William Babpthorpe or his heires.

     And it is agread betwene the said parties that the said William
Babpthorpe & his heire shall haue all the euidence & munniments
touching the said lands, tenements & herediments with their appur-
tinances in Hemyngburh [etc.] beforesaid, & the aforesaid closes in
Selby called the Flates, & tofice of the steward & master forester of the
forest [of] Galeres,^c or any of them, in or to whose hands the said
evidence, escript or munnements, or any of them be, or shall, come; &
that the said Sir Robart Plompton, knight, shall haue all the evidence,
escripts or muniments towching or conserning the residew of the
mannors, lands, tenements, herediments with their appurt-enances that
any time weare the said Sir Robart Babpthorpe, Rauffe Babpthorpe,
or anie ancestors of the said Isabell, or any parcell of them to the vse &
behalfe of the said Isabell & hir heires in, or to whose handes the said
evidence, escript & munniments be, or shall, com.

     Also the said Sir Robart [. . .]^d granteth by theas presents that he
shall make, or cause a sure, suffice & lawfull estate in fee simple <to>
be maid before the said feast of St Michele to Niccolas Mydleton,
Richard Grene, Robert Haldynby, esquires, and Richard Plompton,
clerk, of lands & tenements to the clear yearly valew of xx mark over
all charges, to the vse & intent that the said feofees shall make estate
of the said lands & tenements with their apertinances to the said
William Plompton & Isabell,² or other son of the said Sir Robart, as is
abouesaid, within six weakes next after the said Isabell cometh to the
age of xvij yeare; & over this the said Sir Robart [. . .]^e granteth by
thease presents that he, before the said feast of St Michell, shall make
all manner such suerti to the said William Babpthorpe as shall be
advised by him & his counsill, & thought reasonable by Niccolas
Mydleton & Richard Grene, at the costs & charges of the said William
Babpthorpe, that al things rehearsed in this indenture [. . .]^f done by
the said Sir Robart and William his son, or any other his sone, as is
aboue said, & the said Isabell [. . .]^g or anie of them to the said William
Babpthorpe [. . .]^h or his heire shall be trewly executed & performed of
their partie, according to the trew intent of the same.

     And the said William Babpthorp will, & granteth by thease presents,
that he before the said feast of St Michell shall make all maner such
suretie to the said Sir Robart as shall be advised by him & his counsill, &
thought reasonable by the said Niccolus Mydleton & Richard Grene,
at the cost & charges of the said Sir Robart, that all things rehearsed
in this endenture hereafter to be done by the said William Babpthorpe &
his heire to the said Isabell & her heires shalbe trewly executed &
performed of his partie, according to the trew intent of the same. In
witnes of all the promisses the parties abouesaid to thes indentures
haue in[ter] changeable set their seales, the day and yeare abouesaid.ⁱ

     ^a Marginal note: Cope the will of this Sir Robart being date 10 of April 1523.

     ^b Lofthouse.

     ^c Galtres.

     ^d MS William included in error.

     ^e MS as above.

     ^f MS several words obliterated.

     ^g as above.

     ^h MS granteth by these presents that he before the said feast of St Michael crossed out.

     ⁱ Appended: Copied the 17 August 1627 then hauing a seale by Mr Edward Arthington
to which agrement will be deposed.

     ¹ Not to be confused with Eastoft, Lincs.

     ² The feoffment comprising the Derbyshire manor of Hassop with appurtenances in
Hassop and Rowland is dated 14 Sept. 1496, App. II, 55.