The will of John Hatcher
I have transcribed as much as I can read from a photocopy of the original and apologise for the gaps
In the name of god Amen
The Fourteenth day of January in the year of our Lord God 1677. I John Hatcher of Careby in the county of Lincoln Esquire being in whole and perfect health both in mind and body. Thanks be to Almighty God And not knowing how soon it may please to call me out of this transitory life. Do make ordain and (devise?) this my last will and testament by revoking all former Wills by me heretofore made. First being heartily sorry(?) for my sins and most humbly begging forgiveness of them I bequeath and commit my soul unto the hands of Almighty god my maker and by the (mercy?) of Jesus Christ Saviour and Redeemer I believe assuredly to be saved and to have full remission of my sins and that my soul with my body at the general day of Resurrection shall rise again and inherit eternal life. And my body to be buried decently and without (word) pomp and solemnity in the vault at the East end of the Chancel in Careby aforesaid. And for and to (word) and my temporal estate and such Lands Easements, Goods and Chattels as it hath my God (word) above my efforts to bestow on me. I do order give and dispose of them in manner and form following. Imprimis I do desire that all those debts and duties I owe in constitute in any our (word) the first place and in convenient time after my decease be truly (word) and paid by my executors hereafter named. Item I do give to the poor of Careby Little Bytham and Awnby Four Pounds to be equally distributed among them by my (word) and the churchwardens and overseers of the poor of the said parishes. Item I do give unto Elizabeth my dear wife my best coats(?) and four of my best coats(?) (word) or (word) And my (word) God (word) with ( 2 words) I now (word) I do (word) give unto my said wife all those jewels in my possession provided she give (word) to my executors hereinafter named that she dispose of them amongst my children to One or more of them according to his decision(?). I do likewise give unto my said wife if it do happen within the space of three months after either Michaelmas or Lady day I do depart this life the sum of One Hundred Pounds for and towards the support and maintenance until she shall receive the rent of Mr Royston(?). And I do further give unto my said dear wife the sum of One Hundred Pounds more for the providing of her self and children with mourning to be paid to her immediately after my decease. Item I give and bequeath unto Sir Thomas of the Close of L(?) knight and John White of C(?) in the County of Nottingham Esquire and their heirs for ever my Manor of Bitterby in the County of Salop (Shropshire Bob. H) And all other my Land, Tenements, (word?) tithes, money with their appurtenances lying and being in Bitterby(?). Over Stanton (?) Middlethorpe(?) and elsewhere in the County of Salop. upon trust and confidence that they the said Sir Thomas and John White and soon as convenience may be after my decease shall make sale of the said Manor, lands and premises(?) in the said County of Salop And the moneys arising by such sale shall dispose of towards my younger sons and daughters (word) Item I give to my Two younger sons John and Henry the sum of One Thousand Pounds apiece for their portions to be paid as soon as conveniently my lands in Shropshire may be sold And my will is that the profits and (word) of the said money or so much thereof as their guardians hereinafter named shall from time to time think fit and expedient Shall be for the education and present maintenance. And my further will is that in shall not be in the power of either my Two younger sons to dispose of his or their portions by will or otherwise before he or they attain the age of Twenty and One years of age And that if it shall happen that One or both my said younger sons do die before he or they be of the age of One and Twenty years his or their portion or portions so dying shall immediately come to my eldest son and heir the better to enable him to pay my daughters upon condition (word) that my said son and heir shall forthwith pay to my surviving younger son the sum of Five Hundred Pounds as an addition to his portion And it is my will if it happens that my eldest son Thomas die without issue for as my second son Henry shall become my heir. That then my said son Henry shall forthwith pay to my son John Five Hundred Pounds as addition to his portion. Item I give and bequeath unto Anne my eldest daughter the sum of Two Thousand Pounds for her portion to be paid her at the day of her marriage( One thousand Pounds whereof is for (word) of One Hundred Pounds per annum for her present maintenance until her marriage. I have retained to her by the settlement of the rent charges issuing out of Fulstowe and Marsh-Chapel bearing date the 7th day of December last past) Item it is my will that my three younger Daughters Catherine, Jacomina and Christiana shall have Fifteen Hundred Pounds apiece for their portions to be paid them at their marriage( according to a settlement by me made of the manors of Little Bytham and several lands in Careby bearing date the 7th day of December last past) and in case of my land shall not be (word) enough for their portions. Then my will is that my personal estate and what other lands I have in my power to dispose of shall stand charged and be liable to their said portions And further my will is that if One or more of my said three daughters do die before their marriage that then the survivor or survivors of them who at that time shall be unmarried and not otherwise shall have Two thousand Pounds for her or their portion or portions to be paid them at their marriage Item I give unto my daughter Catherine for her maintenance until she attains the age of Eighteen years the yearly sum of Fifty Pounds And thence forward until she be married the yearly sum of Seventy-Five Pounds And I give to my daughter Jacomina the yearly sum of Forty Pounds for her maintenance until she attains the age of sixteen years and from then the yearly sum of Fifty Pounds until she attain the age of Eighteen years. And from thence the yearly sum of Seventy and Five Pounds until she be married. And I give to my daughter Christiana the yearly sum of Thirty Pounds for her maintenance until she attain the age of Thirteen years And from thence until she attain the age of Sixteen years the yearly sum of Forty Pounds And from thence until she shall attain the age of Eighteen years the yearly sum of Fifty Pounds. And from thence until she shall be married the yearly sum of Seventy and Five Pounds And my will is that the several moneys last mentioned for the education and maintenance of my three younger daughters shall be paid out of my Manor of Little Bytham and those lands in Careby mentioned in the aforesaid settlement bearing date the 7th day of December last past. Item I give unto such son or daughter as shall be born after my demise and to his or her heirs all my land Tenements and hereditaments in Aunby in the parish of Castle Bytham in the County of Lincolnshire. And as for that (word) of the said lands for Five Hundred years nearly(?) (word) of use yet to come. But my will is that if at any time hereafter my heirs shall pay or settle to some afterborn son or daughter the sum of One Thousand Pounds and further it(?) for the same from the birth as such afterborn son or daughter at the rate of Five per cent that from thenceforth (word) my (word) shall (word) and determine Item I give to my cousin ( word) Hatcher and to my cousin William Skipwith the sum of Ten Pounds apiece to buy them mourning
I give to the aforesaid Sir Thomas Meres and John White Four Pounds apiece to buy each of them a ring their friendly (word) whereof I do humbly beg. And I do (word) them that they (together with my wife so long as she shall continue my widow and no longer) will take (word) the guardianship of my heir during his minority And the guardianship (word) and disposal of my daughters and younger sons whom I do charge (2 words) to be obedient to my will herein Item I give to Simon Dybers(?) and Sarah his wife the sum of Ten pounds apiece and to John Bulliman Five pounds to the rest of my servants that have lived with me Seven years I do give half a years wages apiece. The residue of my goods and chattels I give and bequeath unto the aforesaid Sir Thomas Meres/ John White and my dear wife for and towards the payment of my debts and raising of portions for my younger children whom of such executed(?) of this my last will and testament during the minority of my son and heir And my will and meaning is that at such time as my said heir shall accomplish his age of One and Twenty years and pay or (2 words) to pay my aforesaid Executors such sums of money as I have by deeds and this my will bequeathed to my younger children for their portions and their present maintenance that then my will is that my said son and heir shall be my executor and shall have (word) of the profits of the Lands and of the personal Estate and shall enjoy the same to (word) of allowing all such payments as have been made by my said executors in pursuance of this my will and giving them general releases and discharges, But in case my said son and heir shall to give such (word) as aforesaid and to give such releases to my executors as I have directed then my will is that the said Sir Thomas Meres, John White and my dear wife shall be able to be executors of this my last will and testament. Lastly I do humbly declare that the several sums of money given by my father lately deceased to my daughters and younger sons are included in the sums I herein have given my said for their portions. And my will is that if any of my said daughters and younger sons shall demand or (word) any such sum or sums as is given them by my said father then all and every such sum and sums so (word) as aforesaid shall be abated out of what I have given him her or them for their portions. In witness of these presents I have signed them with my hand writing and sealed them with my seal 1677.J Hatcher signed sealed and published in the presence of Edward Payne/ Simon Dubiks(?)/ John Sherby /John Bulliman/ John Brunt
An act for raising money for the payment of the debts of Thomas Hatcher
Remember there may be typographical errors
An act for raising money for the payment of the debts of Thomas Hatcher by the sale or mortgage of some part of his estate; and for the better execution of several powers in his marriage settlement.
Whereas by indenture tripartite bearing date on or about the two and twentieth day of June one thousand six hundred and eighty nine made or mentioned between Thomas Hatcher of Careby in the county of Lincoln and Grace his wife of the first part, The Right-honourable William Herbert of Grafton Park in the county of Northampton one of their then Majesties most-Honourable Privy Council; Roger Jackson of the parish of St Clement Danes in the county of Middlesex, gent; James Herriott of London, Goldsmith; and Richard Meredith of Bloomsbury-Square in the parish of St Giles in the Fields in the county of Middlesex, Gent; of the second part and Francis Hatcher of St Martins in the said county of Northampton , Esq.; Edward Paine of Hough in the county of Lincoln, Esq.; and Jonathon Gostelow Snow of the Middle Temple London Esq.; of the third part for the considerations therein named.
All that the Manor of Careby and Little-Bytham, with the appurtenances in the said County of Lincoln; and all the singular messuages, farms, woods, rents, reversions, services, lands, tenements and hereditaments, parcel of or belonging to the said manor of Careby and Little -Bytham, Ednam and in or called Awnby in the said County of Lincoln; and all that avowson donation, patronage and right of presentation of and unto the rectory, parsonage and parish church of Careby aforesaid, with the rights, members and appurtenances thereof; and all that the manor and lordship of Little-Bytham with all and singular the rights, members and appurtenances thereof in the parishes of Little-Bytham, Castle -Bytham and Creeton in the said county of Lincoln and all and singular Messuages, farms, cottages, tofts, mills, arable-lands, meadows, pastures, feedings, woods, under-woods, tithes, rents, reversions, services, lands, tenements and hereditaments parcel of or belonging to the said manor or lordship of Little-Bytham or accepted reputed, used, occupied or enjoyed as part parcel or member thereof; and also all that the Manor and Seigniory in gross of Little-Bytham aforesaid with the rights members and appurtenances thereof; and also all those the Manor or Manors and Lordship of Fulstowe-Beak and Fulstowe-Arswicke alias Fulstowe-Marsh-Chapel alias Fulstowe-Cum-Marsh-Chapel with all and every their rights, members and appurtenances situate lying and being in Fulstowe and Marsh-Chapel in the said county of Lincoln and also all the lands, tenements and hereditaments with the appurtenances of him the said Thomas Hatcher situate and being Fulstowe and Marsh-Chapel aforesaid and either of them and also all and singular Messuages Granges Cottages Mills Houses Edifices Buildings Barns Stables Yards, gardens, orchards, woods, under-woods, Markets, tolls. fines, amerciaments, Heriots, wards, marriages escheats, reliefs, Courts-leet Courts-baron, perquisites, profits of courts, waifs estrays wrecks-of-sea, goods and chattels of felons and fugitives, free warrens and all that to free warrens appertains; tithes of whatsoever nature or kind the same be, oblations obventions privileges and jurisdictions, profits commodities advantages and hereditaments whatsoever. To the said several and respective Manors or Lordships of Careby, Little-Bytham Fulstowe-Beak and Fulstowe-Arswicke alias Fulstowe-Marsh-Chapel alias Fulstowe-Cum-Marsh-Chapel and the said rectory or parsonage and parish church of Careby aforesaid and to every or any of them respectively belonging or appertaining or accepted or reputed or taken to be part parcel or member thereof or any part thereof respectively; and all and singular other than the Manor, rectories, cottages, tithes lands tenements situate, lying in and being Careby, Little-Bytham Fulstowe-Beak and Fulstowe-Arswicke alias Fulstowe-Marsh-Chapel alias Fulstowe-Cum-Marsh-Chapel aforesaid and in every or any of them or elsewhere in the said county of Lincoln.
Except all lands and hereditaments whatsoever in Suttorton in the said County of Lincoln except a rent charge of one hundred Pounds per annum formerly granted by Sir John Hatcher Kt deceased to Edward Skipwith and William Hobson Esqs; to be issuing out of the said manor and manors and Lordships of Fulstowe-Beak and Fulstowe-Arswicke alias Fulstowe-Marsh-Chapel alias Fulstowe-Cum-Marsh-Chapel aforesaid or either of them. and out of all Messuages, Cottages lands, tenements and appertaments thereunto belonging or appertaining were conveyed to trustees and their heirs during the joint lives of the said Thomas Hatcher and Grace his wife to the intent that they should receive there out two Hundred and fifty Pounds per annum for the said Grace’s separate maintenance, in case the said Grace should live apart from her said husband and in case she should survive her said husband that then she should receive three hundred Pounds per annum out of the said premises for her jointure and the premises so charged declared to be to the use of the said Thomas Hatcher for the term of ninety-nine years in case he should so long live without impeachment of waste; remainder to trustees and their heirs during the natural life of the said Thomas Hatcher; remainder to the first and every other son and sons of the said Thomas Hatcher on the body of the said Grace to be begotten in Taille-male successively remainder to trustees for Five hundred Years without impeachment of waste subject to the trusts therein and herein after mentioned: remainder to the first and every other son of the said Thomas Hatcher on the body of any other wife to be lawfully begotten in taille- male successively; remainder to Henry Hatcher brother of the said Thomas Hatcher for Ninety nine years if he should so long live with like remainder to trustees to preserve contingent remainders; remainder to his several sons in Taille -male ; remainder to John Hatcher Youngest brother of the said Thomas Hatcher and his issue male successively in like manner with remainder to the said Thomas Hatcher and his heirs and assigns for ever.
And Whereas the said term of Five Hundred years before mentioned and to be vested in the said trustees in case of failure of issue male of said Thomas Hatcher on the body of the said Grace to be begotten is therein declared to be for the raising two thousand five hundred Pounds for One daughter or Three thousand Pounds if more than one daughter of the aforesaid marriage.
And Whereas there is likewise a power reserved in the said recited deed of settlement for the said Thomas Hatcher to lease the premises for raising portions for daughters and younger sons of that marriage not exceeding Four thousand Pounds in the whole; and a power likewise, if the said Grace should die without issue male of her body, by the said Thomas Hatcher begotten for the said Thomas Hatcher to lease any of the said premises for raising portions and maintenance for the daughters and younger sons of the said Thomas Hatcher by any other wife; the portion for such One daughter or younger son, if no more, not to exceed One thousand Pounds; and portions, for all, where more than One, not to exceed four Thousand; the maintenance for all if there be more than one not to exceed Two hundred Pounds a year.
And Whereas, in and by the said recited deed of Settlement the said Thomas Hatcher hath a power to make jointure to any other wife he shall marry, after the decease of the said grace shall die, not exceeding Three Hundred Pounds per annum, in case he shall have issue male living by the said Grace; but if the said Grace shall die leaving no issue male then the said Thomas Hatcher to make such jointure to such other wife as he shall think fit, without any restriction of value.
And Whereas in and by the said deed there is likewise a power reserved for the said Thomas Hatcher to lease the said premises or part thereof, for raising out of the rents and profits thereof any sum not exceeding Two Thousand Pounds towards the payment of debts or otherwise.
And whereas the said Grace is since dead or without any issue by the said Thomas Hatcher and the brothers of the said Thomas Hatcher have at present no issue of their bodies.
And whereas Two thousand five hundred Pounds part of Four thousand Pounds charged upon the said estate by deed and will of John Hatcher the father of the said Thomas, remains still unpaid, and chargeable thereupon ; which said Two thousand five hundred Pounds is payable as herein after is mentioned; (viz.) One thousand Pounds was the portion of the remainder of the portion of Christiana, one of the sisters of the said Thomas Hatcher and borrowed of Richard Marryott, Esq.; and secured on part of the said estate; and One thousand five hundred Pounds is the portion of Jacomina Hatcher, Spinster one of the sisters of the said Thomas Hatcher, and now due to her.
And Whereas the said Thomas Hatcher has an occasion for one thousand Pounds more than the said two thousand Pounds, to pay his debts and other charges relating thereto; and in consideration thereof is willing to settle the inheritance of the said estate, expectant upon the death of himself and brothers without issue on the sisters of the said Thomas Hatcher and their issue which is for the benefit of all parties
And Whereas the execution of several of the said powers is liable to some doubts; and it being for the benefit of all parties concerned in remainder or reversion of the said premises, that part of the said premises should be sold for the present raising of the said Two thousand Pounds, which the said Thomas Hatcher hath power to raise as aforesaid and also the said Three Thousand five Hundred Pounds, rather than he should at his death leave the whole premises charged; which by reason of the said recited deed of settlement, cannot be done but by act of Parliament.
And Whereas the said Thomas Hatcher is contented, for the further advantage of the parties concerned, in remainder or reversion of the same premises, that some part only of the said premises to be particularly set out, shall be in the power of the said Thomas Hatcher to appoint for a jointure for such other wife as he shall marry ( if he happen to marry again; ) and that the rest of the said premises shall be freed and discharged from, and shall not be any way subject to any jointure to be appointed by the said Thomas Hatcher; and that the estate so subjected to such jointure as aforesaid, shall be discharged of and from the said power, to raise any portion or portions, or maintenance for daughter or daughters, younger son and younger sons and only the residue of the estate be subject to such portion and portions, and maintenance, as herein after is mentioned.
Wherefore for the better effecting thereof, and for preventing all disputes that may for the future arise, relating to the said powers above recited, and for the better preserving of the estate in the said family;
May it therefore please your most excellent MAJESTY, at the humble suit of the said Thomas Hatcher, That it may be enacted; and be it enacted by the Queen’s most excellent majesty by and with the advise and consent of the lords spiritual and temporal, and commons in this present parliament assembled , and by the authority of the same that the said recited deed of Settlement, and every deed of settlement formerly made by the said Thomas Hatcher shall be declared to be null and void to all intents and purposes; any thing herein contained to the contrary not withstanding.
And be it further enacted by the authority aforesaid, That all and every the said premises in the said recited indenture mentioned, shall be, and the same are actually hereby vested and settled in Sir Edward Hussey, of Caythorp, in the county of Lincoln, Bar. Granado Pigot of Basingbourn in the county of Cambridge Esq. Robert Fisher and Richard Middlemore both of Grantham in the said county of Lincoln Esqs. and William Trollop of Thurleby in the said county of Lincoln Esq. and their heirs and the heirs of the survivor of them fully clearly and absolutely freed and discharged of and from all and all manner of estates, trusts, powers, conditions and proviso’s in the said recited indenture mentioned or any other deed of settlement made by the said Thomas Hatcher and the said Sir Edward Hussey, of Caythorp, in the county of Lincoln, Bar. Granado Pigot of Basingbourn in the county of Cambridge Esq. Robert Fisher and Richard Middlemore both of Grantham in the said county of Lincoln Esqs. and William Trollop of Thurleby in the said county of Lincoln Esq. and their heirs and the heirs of the survivor of them are hereby adjudged and declared to be fully and absolutely seised thereof in fee simple (upon trust) that they the said Sir Edward Hussey. Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop and the survivors and the survivor of them and the heirs of such survivor shall with all convenient speed, by sale or sales or til such sale or sales can be conveniently made, by mortgage or mortgages of all or any part of the said premises (other than the lands or tenements herein after subjected to be appointed for a jointure for the intended wife of the said Thomas Hatcher, as they shall from time to time think requisite) raise the sum of Five thousand five hundred Pounds; and when and as soon as the same is raised shall forthwith apply the said Five thousand five hundred Pounds in manner following ; (viz.) In the first place pay One thousand Pounds, Part thereof, unto the said Richard Marryott, and the sum of One thousand five hundred Pounds other part thereof to the said Jacomina Hatcher; and the sum of One thousand five hundred Pounds other part thereof to, and amongst Charles Tryon, Esq.; John Rogers and Richard Walbridge Gentlemen, Creditors of the said Thomas Hatcher and afterwards to pay of and discharge all and every other sum and sums of money (if such there be) already charged or made chargeable by the said Thomas Hatcher, on all or any part of the said premises in the settlement comprised, by virtue or colour of the said power; and the residue (if any) to such person or persons as the said Thomas Hatcher shall by writing under his hand and seal subscribed in the presence of two or more credible witnesses, direct and appoint.
Provided also, that in case there shall be raised by such sale more money than shall be sufficient to pay off the said five thousand five hundred Pounds, and defray the charges and expenses of the execution of the said trust; that then the overplus of the said money and the increase thereof, shall, by the said Sir Edward Hussey, Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop and the survivors and survivor of them and the heirs of such survivor forthwith be laid out in the purchase of other lands and tenements; and that such lands and tenements so purchased and the residue of the lands herein before vested in the said Sir Edward Hussey, Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop and the survivors and survivor of them and the heirs of such survivor, shall be settled to the uses herein after limited.
Provided also, that the said Sir Edward Hussey, Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop and the survivors and survivor of them and the heirs of such survivor, shall by and out of the money which shall arise out of such sale or sales, mortgage or mortgages in the first place deduct and pay to themselves all such reasonable charges as they or any of them shall be at in, in the execution of the trust hereby in them reposed: and that neither of them the said Sir Edward Hussey, Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop and the survivors and survivor of them and the heirs of such survivor shall be answerable but for such money only as shall come to his or their respective hands and not otherwise; nor the one for the act and deed of the other, but each for what shall he respectively receive and do.
And be it further enacted by the authority aforesaid, that until the said Five Thousand five hundred Pounds shall be raised the rents, issues, and profits of all the said Manors Messuages, Lands and Tenements herein before vested in them the said Sir Edward Hussey, Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop and their heirs, (except such lands shall be limited or appointed for the jointure of such wife as the said Thomas Hatcher shall marry during so long time as she shall live after his decease) shall be by them applied, from time to time, until such sale shall be made, towards the paying and discharging the interest and growing interest of the said Five thousand five hundred Pounds from time to time as the same becomes due; and the residue of the rents, issues and profits until such sale shall be made, shall be by the Sir Edward Hussey, Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop and their heirs, applied to the benefit of the said Thomas Hatcher, during his life, and to such persons in remainder as are hereinafter mentioned: and from and after the raising of the said Five thousand five hundred Pounds, and payment of the interest and growing interest thereof, the residue of the said Manors Messuages Tenements and premises over-and-above what shall be sold or the equity of redemption of the lands mortgaged in case they shall not think fit to raise all of the said Five thousand five hundred Pounds by sale, shall be by them conveyed to the use of the said Thomas Hatcher for life, without impeachment of waste, with a remainder to trustees and their heirs, for his life for preserving contingent remainders; remainder to his first and every son of his body to be begotten on the body of any wife as he shall hereafter marry, and the heirs-male of the body and bodies of such son and sons successively according to their seniority, with like limitations in remainder to the said Henry Hatcher for life and to his several sons and the heirs-male of their bodies; and for default of such issue to the said John Hatcher for life, and to his several sons, and to the heirs-male of their bodies, as are before appointed for the said Thomas Hatcher and his several sons: and for default of such issue, the remainder to the daughter or daughters of the said Henry Hatcher and the heirs of their bodies, with remainder daughter and daughters of the said Thomas Hatcher and the heirs of their bodies, with remainder to the daughter and daughters of the said John Hatcher; in like manner. with remainder to Anne the wife of Jonathon Gorstelow Snow Esq. Katherine the wife of Osborne Fish, Esq.; Christian the wife of Edward Farmer, Esq.; Jacomina Hatcher Spinster sisters of the said Thomas Hatcher and the heirs of their bodies and the heirs of the body of Elizabeth, late wife of Edward Payne, Esq.; now deceased another sister of the said Thomas Hatcher, as tenants in common and not as joint-tenants; with remainder to the right heirs of the said Thomas Hatcher subject to, and with express appointment of such power for the said Thomas Hatcher to make leases and for the said Henry Hatcher and John Hatcher to make Jointures, provisions for daughters and younger children, and leases as are to them respectively reserved in and by the said indenture tripartite of the Two and Twentieth day of JUNE One thousand six hundred and eighty nine, and likewise subject to, and with express appointment of the power hereinafter particularly mentioned.
Provided always, that it shall and may be lawful to and for the said Thomas Hatcher, from time to time and at all times hereafter during his natural life by any deed or deeds, writing or writings, to be by him subscribed and sealed in the presence of two or more credible witnesses to assign, limit or appoint to, or to the use of, or in trust for any woman or women that he shall hereafter marry, as well as before as after such money raised and conveyance made, as aforesaid, and as well as before as after his marriage with such woman or women respectively, for, or in the name of jointure, all, or such part of the herein after mentioned premises, as he the said Thomas Hatcher shall think fit; (viz.,) all that the manor of Careby with the rents and services thereunto belonging; and all that the manor-house of Careby called Careby-House, together with all out-houses, buildings, yards, gardens and orchards, the park, the warren, the ground called the Pitts , the wood commonly called Careby-wood and all other the premises belonging to or usually used with the said Manor-house; and all those two fields called Little-hills and Spurbridge the quarry -meadow and all those farms called Cawltons, Waddingtons, and Smarts with their rights, members, and appurtenances thereunto respectively belonging; and all those pieces or parcels of ground called the Holmes-Leas, the Lords-meadow, and Crooks, the Millfield, Quarry-field, Dog-kennel close, Fryery-close , Shipwright-close, Cross-hills, Lister-Willowford Meadow, partee-meadow, Little-stauntons-close, Spurbridge -Meadow, Stockens, Furze-close- Meadow and Furze Close all of which premises are lying in and being in the parish of Careby in the said County of Lincoln and part of the said Manor of Careby in the settlement mentioned; and all that the Manor of Awnby with the rights, members, and appurtenances thereof in the said county of Lincoln; such estate to be appointed for such jointure, not to be mentioned for impeachment of waste, and from and after such appointment to be made the said Sir Edward Hussey, Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop their heirs and assigns and all and every other person or persons having any estate in the land and tenements so appointed or any of them, shall stand and be seised to such uses, intents, and purposes as in such appointment shall be mentioned and declared. and that it shall and may be lawful to and for the said Thomas Hatcher at any time or times during his natural life, by any deed or writing by him subscribed and sealed in the presence of two or more credible witnesses to grant, lease or appoint any part of the premises to be to him conveyed, as aforesaid,( not hereby made subject to the jointure of any second or other wife) to any person or persons, for any term of years, in possession or reversion, as to him shall seem meet, upon trust, for the levying or raising out of the rents or by mortgage thereof, or otherwise, as in and by such deeds, or writings shall be appointed, such sums of money, towards the portions or yearly maintenance, of such daughter or younger sons of the said Thomas Hatcher, which he shall have by any woman he should hereafter marry as to him shall seem good, and shall be expressed in such deed or writing; so as such portion to be raised thereby for any such daughter or younger son in case there be but one , do not exceed the sum of Four thousand Pounds; and so as all the portions so to be raised thereby for all such daughters or younger sons exceed not in the whole the sum of one hundred and sixty Pounds an so as such yearly maintenance for all such daughters or younger sons exceed not in the whole the sum of Two hundred Pounds; and so as such grant. lease or estate be made with a proviso, to cease be made void or surrendered when such sums of money thereby appointed to be raised or levied for such portions or yearly maintenance shall be fully raised or levied.
Provided always and it is hereby enacted and declared nothing herein contained shall prejudice the estate of Elizabeth Hatcher mother of the said Thomas Hatcher who hath or is entitled for the term of her natural life in part of the messuages, lands and premises herein before mentioned.
Provided also that in case the said Elizabeth Hatcher shall be willing to part with her estate for life in any part of the said premises which shall be thought fit to be sold; that then and in such case it shall and may be lawful to and for the said Sir Edward Huffey, Granado Pigot, Robert Fisher, Richard Middlemore and William Trollop their heirs and assigns upon her surrendering the same or joining in the sale thereof , to settle upon her for life in lieu thereof any other land parcel of the premises (other than the messuages and lands herein before intended to be made subject to the jointure of such wife as the said Thomas Hatcher may hereafter marry) of equal value with the lands so by her surrendered or conveyed.
Saving to her Majesty her heirs and successors and to all and every other person or persons, bodies politick and corporate their heirs and successors( other than and except the said Thomas Hatcher and his issue, and the said John and Henry Hatcher, and their respective issue and the right heirs of the said Thomas Hatcher, and all persons claiming, or to claim by, from or under the said deeds of settlement and their heirs) all such right and title interest property, claim and demand of , in and to the premises hereby intended to be sold or any part thereof as they, every or any of them had or might have in case this ACT had never been made; anything herein contained to the contrary thereof in any wise not withstanding.
If anyone can translate the above down to about 10 lines of plain English and E-mail it to me please feel free to do so.
I have a "drinking partner" who comes from Lincolnshire, having read the above act he suggests that the estate probably consisted of at least 2 possibly 3 separate manors because of the distance between the various villages--again this is speculation.