Marriage Agreement, 1699
 
Summary:  This is a three part agreement entered into by the Perkins family of Sapey Pitchard in Worcestershire before the intended marriage of Matthew Perkins and Anne Wood of Bosbury. It is complicated and a description is given below the text.

  Articles of Agreement Tripartite had made, indented, covenanted and concluded on this eighteenth day of September in the eleventh year of the reign of our Sovereign Lord William the Third by God’s grace king of England, Scotland, France & Ireland, defender of the faith, Anno Domini 1699.

  Between William Perkins of Sapie Pychard in the County of Hereford, tanner & Anne, his wife, in the first part, Matthew Perkins of Sapie Pychard aforesaid in the said county, shoemaker, & Anne Wood of the parish of Bosbury in the County of Hereford, spinster, on the second part & William Nash of the parish of Bosbury in the said county of Hereford, gent. & Caleb Hill of Sapie Pychard aforesaid in the said County of Hereford, gent., on the third part as followeth (viz)

  Whereas by the permission of God there is a marriage shortly hereafter to be had & solempnized [solemnised] between the said Matthew Perkins & the said Anne Wood if the said Anne will thereunto consent. And, whereas the said Anne Wood is intitled unto a legacy given her by the last will & testament of Thomas Wood, her late father deceased, if she shall attain the age of one and twenty years and is likewise possessed of the sum of twenty pounds of lawful English money & of a parcel of goods of several sorts.

  In consideration whereof the said William Perkins, for himself his heirs, executors & administrators, doth covenant & grant to and with the said William Nash and Caleb Hill, their heirs, executors & administrators, by these presents that he, the said William Perkins, shall and will, before the twentieth day of this instant September, settle & by good and lawful means in the law, convey unto the said William Nash and Caleb Hill and their heirs forever all these mansions, houses, messuages, cottages, tenements, lands and hereditaments situate, lying and being in Sapie Pychard aforesaid which he had and purchased of John Perkins of Sapie Pychard aforesaid in the county of Worcester, yeoman, by indenture of feoffment bearing date the second day of August, anno domini 1693 to the use of the said William Perkins and his heirs until the said marriage be consummated and after to the use of the said William Perkins & Anne his wife for their two natural lives and the life of longest liver of them and on condition that they, the said William Perkins and Anne his wife, shall during their lives and the life of the longest liver of them pay or cause to be paid one annuity of two pounds and ten shillings of lawful English money unto the said Matthew Perkins & Anne, his intended wife, during their lives and the life of the longest liver of them.

  And if they the said Matthew and Anne, his intended wife, shall happen to die before the said William Perkins and Anne, his wife, then such annuity to be paid unto the heirs of the body of the said Anne Wood upon her body lawfully to be begotten by the body of the said Matthew and in default of such issue to the right heirs of the said Matthew at two payments in every such year as the said William Perkins and Anne his wife shall live by equal portions, that is to say, upon every eighteenth day of March and every eighteenth day of September which shall happen and be in such years at and in the porch of the parish church of Sapie Pychard aforesaid the same being lawfully demanded within the space of twenty days next after such days of payment deducting out of the said annuity all extra ordinary taxes as shall be lawfully taxed upon the said annuity.

  And from and after the several deceases of them the said William Perkins and Anne his said wife or default of payment of the said annuity the said Matthew Perkins & Anne Wood, his intended wife, for [the] term of their two natural lives and after the several deceases of them, the said William Perkins and Anne, his said wife, or default of payment of the said annuity as aforesaid the several deceases of the said Matthew & Anne, his intended wife, to the heirs of the body of the said Anne Wood by the body of the said Matthew lawfully to be begotten and for want of such issue the right heirs of the said Matthew for ever.

  And the said Matthew Perkins for himself, his heirs, executors & administrators and for every of them doth covenant and grant to & with the said William Nash & Caleb Hill, their heirs, executors and administrators, these presents that it shall & may be lawful to and for the said William Nash to detain in his hands the sum of ninety pounds of lawful English money part of the legacy given unto her, the said Anne Wood, by the last will and testament of her said father and shall therewith, within the year next ensuing the date of these presents, purchase lands or tenements within the counties of Hereford or Worcester upon the request and to and with the joint consent and approbation of them, the said Matthew and Anne, his intended wife, (if they shall be both living) and to settle such lands and tenements to the use and behoof of them the said Matthew Perkins and Anne, his intended wife, for the term of their two natural lives and the life of longest liver of them.

  And immediately from and after the several deceases of them, the said Matthew and Anne, his intended wife, unto the heirs of the said Anne upon her bed lawfully to be begotten by the body of the said Matthew & for want of such issue to the right heirs of the survivor of them, the said Matthew and Anne, his intended wife, forever by good and lawful means, covenances and assurances in the law as in such case shall be fit and requisite, the said William Nash, his executors and administrators, deducting all such necessary charges and expenses as shall by him or them be necessarily sustain in such covenances or purchase to be made of such land or tenements as aforesaid and paying such interest, profit or increase of the said ninety pounds in the meantime as can or may be raised thereof to the said Matthew Perkins and Anne, his intended wife, their executors, administrators or assigns and whereas upon the day of the date hereof and there is a stated account made of the said legacy and sum of twenty pounds aforesaid between the parties to these presents and there will be due unto the said Anne in case she attain the said age of the said legacy and sum of twenty pounds the sum of ninety-eight pounds fifteen shillings & eight pence over and above the said ninety pounds.

  In witness whereof the parties to these presents have hereunto interchangeably set their hands and seals this day and year above written.

     Signed: William Perkins     Matthew Perkins     The mark of Anne Wood

On the reverse of the sheet:
Sealed and delivered by the within named William
Perkins Mathew Perkins & Anne Wood in the presence of
[signed] John Palmer   John Prichard   [third signature unclear]


DESCRIPTION

Sapey Pitchard, now Lower Sapey, is a parish in the north-west corner of Worcestershire close to the Herefordshire border.

Matthew Perkins of Sapey Pitchard is engaged to Anne Wood of Bosbury, daughter of the late Thomas Wood. Her father left Anne a legacy of £20 to be paid at age 21 and ‘a parcel of goods of several sorts’.

William Perkins of Sapey Pychard owns land in Sapey Pychard purchased from John Perkins, also of Sapey Pychard, which he is conveying to William Nash and Caleb Hill in trust on condition that William and his wife Anne pay to Matthew and his wife an annuity of £2-10s. If Matthew and Anne predecease them, the annuity to be paid to Matthew’s heirs.

William Nash is covenanted to take £90 from Anne Wood’s legacy from her father and buy property in Herefordshire or Worcestershire the profit from the purcahse to go to Matthew and his wife. After their deaths the interest in the property passes to their heirs.

Anne Woods will also receive the £20 and a further £98-15s-8d from her father’s estate when she reaches the age of 21.

The Parish Registers record that Matthew Perkins married Ann Wood at Holy Trinity Church, Bosbury on 1st October 1699. There are no other records of the family.

Source: Birmingham Archives and Heritage service ref. MS 3069
Courtesy of W.B. Bickley, antiquarian
Transcribed by Barry Sharples 2015


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