John Clopton to John Paston

  NUMBER XLVII.

         Maryage Artycles betwix Anneys Paston &c. on y^e one partie and
                         Will^m Clopton Squyer on y^e other partie.

THIS indenture made betwix Anneys that was y^e Wyfe of
      William Paston John Paston hir sone and ¹ John Dam on
y^e one partie and Will’m ² Clopton Squyer on y^e other partie
Witnesseth that accord is take attwyn y^e seid parties that Iohn
Clopton sone and heir of y^e seid William Clopton be y^e g’ce of
god shall wedde Elizabeth the dought’ of y^e seid Anneys For
which mareage the seid Anneys &c. shall paye to y^e seid Iohn
Clopton CCCC^th marc in hand of lawfull mony of England And
ov^r that yf the seid mareage be holdyn with the seid Anneys the
seid Anneys shall here y^e costages y’of y^e day of y^e Weddyng w^t
swech ³ chaumb’yr as shall be to y^e plesir of y^e seid Anneys And
y^e seid William Clopton shall do his feffees make a lawfull estate
to y^e seid Will’m of londs ten’tz rentz and s^rvysez to y^e yerly va-
                       . . . .
lue of XL 1. ov^r all chargez born to have and to hold to hym t’me
of his lyfe w^toutyn empechement of Wast the remaindr y’of to
. . . .
y^e seid Iohn and Elizabeth and to his heirs male of hir body
lawfully begotyn w^toute empechemēt of Wast w^tynne xij dayes
aft^r y^e seid Weddyng And ov^r that withynne y^e seid xij dayes the

seid Iohn shall do lawfull estate to be made to y^e seid William of
londs ten’tz rentz and s^rvysez to y^e yerly value of XL m’rc ov^r all
charges born to have and hold to y^e seid William t’me of his lyfe
w^toute empechement of Wast the remayndre therof to y^e seid
Elizabeth to have and hold to hir t’me of hir lyfe w^toute em-
pechement of Wast Also it is accorded that y^e seid William shall
make estate of all y^e residue of his londs which he is sesid of or
any other man to his use to swech p’sonys as the seid John shall
name to y^e use of y^e seid Iohn Also the seid Iohn Clopton shall
do lawfull estate to be made to y^e seid Elizabeth of londs tentz
rentz and s’oysez to y^e yerly value of xxx li. ov^r all chargez born
to have and hold to hir duryng y^e lyfe of the seid William And
moreov^r the seid Iohn p’mytteth and ensureth be y^e feith of his
body that he shall leve ov^r the XL li. worth lond aboveseid to his
heirs and issue male of y^e body of y^e seid Elizabeth begotyn
londes in fee symple or in taill to y^e yerly value of XL m’rc in
⁴ cas y^e same issue male be gov^rnyd to the seid Iohn as the sone
oweth to be to the fadir And &c.

              11 ? by 8 ?
               Paper Mark
                 a Snake
             Pl. XXII. N^o 11.

                   About
            1454. 32 H. VI.

  On the back of the above Indenture in a more modern hand is written, ?The mariage
w^thyn mentioned never toke effect for the same Elizabeth was after first maryed to Rob^t
Ponyngs arm, and then to S^r George Browne knyght.” I thought this Draught of a
Marriage Settlement too curious to be omitted, particularly as I have been requested by
some Persons of considerable eminence in the law to publish every circumstance that
might throw light upon legal Forms, or upon the legal Transactions of the times here
treated of.

¹ John Damme was a Burgess in Parliament for the City of Norwich, and likewise.
Recorder.

     ² The Cloptons were a family of consequence.

     ³ This word is here used in a good sense, and probably means joyous entertainment
and feasting—but it may mean certain expences to be borne, or Goods, &c. to be bought
on this occasion.

 ⁴ The concluding part of the Settlement ought not to escape our observation, where
the 40 Marks per annum settled on the issue male is to depend upon the good behaviour
of such issue to the father.

  NUMBER XLVII.

                  Marriage Articles betwixt Agnes Paston, &c. on the one part and
                                     William Clopton, Esq. on the other part.

THIS Indenture, made betwixt Agnes that was the wife of
      William Paston, John Paston her son, and ¹ John Damme
on the one part, and William ² Clopton, Esquire, on the other
part, Witnesseth that accord is taken atwyn (between) the said
parties, that John Clopton, son and heir of the said William
Clopton, by the grace of God shall wed Elizabeth the daughter
of the said Agnes, for which marriage the said Agnes, &c.
shall pay to the said John Clopton 400 marks (266l. 13s. 4d.)
in hand of lawful money of England, and over that (besides) if
the said marriage be holden with the said Agnes, the said Agnes
shall bear the costages thereof the day of the wedding, with such
³ chambering as shall be to the pleasure of the said Agnes; And
the said William Clopton shall do (take care that) his Foeffees
make a lawful estate to the said William of lands, tenements,
rents, and services to the yearly value of 40l. over all charges
borne, to have and hold to him (for the) term of his life with-
out impeachment of waste, the remainder thereof to the said
John and Elizabeth, and to his heirs male of her body lawfully
begotten, without impeachment of waste, within twelve days
after the said wedding.

     And over that within the said twelve days the said John shall
do (cause) lawful estate to be made to the said William of lands,
tenements, rents, and services to the yearly value of 40 marks
(26l. 13s. 4d.) over all charges borne to have and hold to the
said William (for) term of his life, without impeachment of
waste, the remainder thereof to the said Elizabeth to have and
hold to her (for) term of her life, without impeachment of
waste.

     Also it is accorded that the said William shall make estate of
all the residue of his lands which he is seized of, or any other
man to his use to such persons as the said John shall name, to
the use of the said John.

     Also the said John Clopton shall do (cause) lawful estate to be
made to the said Elizabeth of lands, tenements, rents, and ser-
vices to the yearly value of 30l. over all charges borne, to have
and hold to her during the life of the said William.

     And moreover the said John promytteth (promiseth) and en-
sureth by the faith of his body that he shall leave, over the 40l.
worth (of) land abovesaid, to his heirs and issue male of the
body of the said Elizabeth begotten, lands in fee simple or in
tail to the yearly value of 40 marks (26l. 13s. 4d.) in ⁴ case the
same male issue be governed to the said John as the son oweth
to be to the father. And, &c.

                 11 ? by 8 ?
               Paper Mark
                 a Snake
             Pl. XXII. N^o 11.

                   About
            1454. 32 H. VI.

  On the back of the above Indenture in a more modern hand is written, ?The mariage
w^thyn mentioned never toke effect for the same Elizabeth was after first maryed to Rob^t
Ponyngs arm, and then to S^r George Browne knyght.” I thought this Draught of a
Marriage Settlement too curious to be omitted, particularly as I have been requested by
some Persons of considerable eminence in the law to publish every circumstance that
might throw light upon legal Forms, or upon the legal Transactions of the times here
treated of.

¹ John Damme was a Burgess in Parliament for the City of Norwich, and likewise.
Recorder.

     ² The Cloptons were a family of consequence.

     ³ This word is here used in a good sense, and probably means joyous entertainment
and feasting—but it may mean certain expences to be borne, or Goods, &c. to be bought
on this occasion.

 ⁴ The concluding part of the Settlement ought not to escape our observation, where
the 40 Marks per annum settled on the issue male is to depend upon the good behaviour
of such issue to the father.

243

JOHN CLOPTON TO JOHN PASTON¹

Maryage Artycles betwix Anneys Paston, &c. on the one partie,
and William Clopton, Squyer, on the other partie.

THIS indenture, made betwix Anneys that was the wyfe
of William Paston, John Paston hir sone, and John
Dam on the one partie, and William Clopton, Squyer,
on the other partie, witnesseth that accord is take attwyn the
seid parties that John Clopton, sone and heir of the seid
William Clopton, by the grace of God, shall wedde Elizabeth,
the doughter of the seid Anneys. For which mareage the
seid Anneys, &c. shall paye to the seid John Clopton CCCC^th
marc in hand of lawfull mony of England; and over that, yf
the seid mareage be holdyn with the seid Anneys, the seid
Anneys shall bere the costages therof the day of the weddyng,
with swech chaumbeyr as shall be to the plesir of the seid
Anneys; and the seid William Clopton shall do his feffees
make a lawfull estate to the seid William of londs, tenementz,
rentz, and servysez to the yerly value of xlli. over all chargez
born, to have and to hold to hym terme of his lyfe, withoutyn
empechement of wast, the remaindr therof to the seid John
and Elizabeth, and to his heirs male of hir body lawfully
begotyn, withoute impechement of wast, withynne xij. dayes
after the seid weddyng.

     And over that, withynne the seid xij. dayes the seid John
shall do lawfull estate to be made to the seid William of londs,
tenementz, rentz, and servysez to the yerly value of xl. marc
over all charges born; to have and hold to the seid William
terme of his lyfe, withoute empechement of wast; the re-
mayndre therof to the seid Elizabeth, to have and hold to hir
terme of hir lyfe withoute empechement of wast.

     Also it is accorded that the seid William shall make estate
of all the residue of his londs which he is sesid of, or any
other man to his use, to swech personys as the seid John shall
name, to the use of the seid John.

     Also the seid John Clopton shall do lawfull estate to be
made to the seid Elizabeth of londs, tenementz, rentz, and
servysez to the yerly value of xxxli. over all chargez born, to
have and hold to hir duryng the lyfe of the seid William.

     And moreover the seid John permytteth and ensureth be
the feith of his body that he shall leve, over the xlli. worth
lond aboveseid to his heirs and issue male of the body of the
seid Elizabeth begotyn, londes in fee symple or in taill to
the yerly value of xl. marc, in cas the same issue male be
governyd to the seid John as the sone oweth to be to the
fadir. And, &c.

     ¹ [From Fenn, iii. 196.] The date of this draft settlement is no doubt about the
same period as that of the preceding letter, whatever may have been the exact time
that it was written.