Marriage Settlement
Anne Swancott and Nicholas Bennett
November 30 1667
This indenture Triparte made the thirtieth day of November in the nineteenth year in the Raigne of our Soveraigne Lord Charles the second by the Grace of god Kinge of England, Scotland, France and Ireland, Defender of the Faith BETWEENE Edward Bennett of the parish of Trevegloos (Trefeglwys) in the county of Montgomery, gent and Nicholas Bennett son and Heir apparant of the said Edward of the first part, Phillip Swancott of the parish of Llanidlos in the said county, gent of the second parte and John Bennett of Maesmorymion in the parish of Trevegloos aforefaid and Richard Swancott of the parish of Llanwithefan in the said county, gent of the third parte, WITNESSETH that the said Edward Bennett and Nicholas Bennett as well for and in consideracon of a marriage, shortly (by God's permission) intended to be had and Solomized betweene the said Nicholas Bennett of the one parte and Anne Swancott one of the daughters of the said Phillip Swancott and of the summe of one hundred and thirty pounds of lawfull English money well and truly payd and secured by the said Phillip unto them the said Edward and Nicholas in preferment of his said daughter in marriage unto the said Nicholas, and also for providing a competant Jointure maintenance and stay of living to and for the said Anne if shee shall happen to survive her said intended husband, and for the fettling and establishing of the messuages, lands and tenements hereafter menconed on the issue and posterity of the said Nicholas Bennett and Anne, if it please God to send them any, and for other good and valuable consideracons them making, they the said Edward Bennett and Nicholas Bennett HAVE given, granted, infoossed (infused) and confirmed and by those present doe give grant infoosse and confirme unto the said John Bennett and Richard Swancott and their heirs, ALL those two severall and respective messuages or tenements and lands called and knowne by the severall names of Maesmorymion, Tire y Groila and Tire Fal Powell or by what other name or names favour the same are or have beene called or knowne by ALL that other messuages, tenements and lands with the appurtenances in Glyntrefnanat in the said county heretofore purchased by Nicholas Bennett deceased late father of the said Edward Bennett, of one Morris ap Parry mynor (miner) and Lucy his wife or one of them; And all that parcell of Lande arrable and meadow called and knowne by the name of Tir Lloyd, containing by estimacon two acres bee it more or lesse lyeing in Maesmorymion afore said under certaine knowne moores and bounds and was heretofore purchased by the said Nicholas Bennett deceased of Edward Caux Esq. And also all and singluar howses, barnes, buildings, meete (meat) places, orchards, gardens, lands, meadows, leasowds (leaseholds), pastures, feedings, woods, underwoods, heathers, moores, maryzes (meres), wasts, watere wayes, turbaries, (peat bogs), commons, commodities, casments, liberties,and hereditaments whatsoever with the apytenure (appurtenure)to the said severall messuages or tenements or any of them belonging or apytaining, or to or with them or any of them now or at any time hereafter had used, occupyed or annoyed or accepted, repressed or taken as parte or parcell any number of them or any of them; All which premises are scituate, lyeing and beeing in the severall townshipps or hamlets of Maesmorymion, Llanyan and Glyntnyvnant aforesaid or in some or one of them and now or late were in the tenure or occupacon of the said Edward Bennett his assignes or undertenants; And the reversion and reactions, remainder and remainders of all and singular the premises and all the estate right title interest claime and demand whatsoever of them the said Edward Bennett and Nicholas Bennett or either of them of in or to the premises or any parte or parcell thereof; TO HAVE AND to hould all and singular the aforesaid severall and respective messuages or tenemente lands hereditaments and all and singular other the before recited premises and every parte and parcell thereof with their and every of their righte members and appurtenances unto the said John Bennett and Richard Swancott and their heirs and to the survivor of them and their heirs, UPON this speciall trust and confidence that they the said John Bennett and Richard Swancott and their heirs and the survivor of them and his heires, from henceforth shall and may stand and be seized of all and singular the aforesaid severall messuages, lands, tenements and hereditaments with the appurtenure to the severall uses, intents, lymittacons and purposes hereafter in and by those present reserved, menconed and expressed, THAT IS TO SAY to the use of the said Edward Bennett and his assignes untill the Solomizacon of the said intended marriage, and afterwards untill the first day of May, now next comeing after the date hereof: And imeadiatly (immediately) from and after the said first day of May next, Then to the use and behoofe of the said Nicholas Bennett party to those present for and during the terme of his naturall life, without impeachment of past and after his decease, then to the use of the heires or issue of his body upon the body of the said Anne lawfully to bee begotten forever, and for default of such issue then to the use of the heires of the body of the said Nicholas Bennett lawfully begotten and for want of such issue, then to the life of the right heires of the said Edward Bennett forever; Submit never those and chargeable to and with payment of the severall Annuyties or yearely rents hereafter in thos present reserved, menconed and expressed, that is to say, UPON this further Trust; That hee, the said Nicholas Bennett his heires, Executors, administators and assignes or some of them sall and will out of the issues and proffitts of all and singular the premises well and truely, concent satisfy and pay or arrange to be payd unto the said Edward Bennett and his assignes during his naturall life, one Annuytie or yearely rent charge of Twelve pounds of lawfull money at the feast dayes of the annunciacon of the blessed virgin Mary and Saint Michaell the Archangell by even and equall porcons at or in the capittal mansion or dwelling howse upon the premises the first payment thereof to begin at the feast of the annunciacon of the blessed virgin Mary next ensueing the date hereof; hee the said Edward from time to time bearing and allowing the moity of the military and all other taxacons (according to the pound value) imposed upon the whole premises, Except only the chiefe rent, and taxes to the church and poore which the said Nicholas Bennett is wholly to dischardge togeather also with the other moity of the military taxes; AND UPON this further trust that if it happen that Anne now wife of the faid Edward Bennett survives her said husband, That then the said Nicholas Bennett his heires, Executors, Adminiftrators or assignes or some of them shall in like manner pay or arrange to be payd unto her the said Anne Bennett and her assignes during the like terme of her naturall life, one annuytie or yearely rent charge of nine pounds of like current money without any abatement for taxacons at the feasts and at the place aforesaid by like equall porcons, the first payment, therof to begin at such of, the said feasts as shall first happen next after the decease of the said Edward Bennett; AND UPON this further trust that if it shall happen the said Anne Swancott outlive her said intended husband; That then the heires, Executors and administrators or assignes of him the said Nicholas Bennett, shall also pay or arrange to be payd unto the said Anne Swancott his intended wife and her assignes during the like terme of her natuall life, one other annuytie or yearely rent charge of nine pounds of the like current money at the feasts and place aforesaid by like equall porcons without any abatemente for taxacons thereof likewise to beginne at such of the said feasts as shall first happen next after the decease of the said Nicholas Bennett; With this further Trust and lymittacon, and upon this further PROMSOE That if it shall happen the said respective Annuytie or any of them or any parte of them or any of them in their severall places to bee besmite or unpaid in parte or in all at the place aforesaid by the space of fifteen dayes next after either or any of the said feast dayes whereon the same ought to be payd and not sufficient distres (distress) mayor can be founde on the premises answerable or distrainable for the said respective annuyties THAT THEN from thenceforth it shall and may be lawfull to and for the said Edward Bennett and after his decease his said wife, and also for the said Anne Swancott and for their respective assignes, into the said severall messuages lands and tenements and into any parte and parcell thereof to enter and the fame to hould and emoye and receive and take the issues and proffitts thereof untill they and every of them shallbee of their said respective Annuyties,(and all arrears if any happen to bee) fully satisfied contented and payd: provided that such of the said parties as shall first enter for default of payment of his ,or her Annuytie; Doe leave a sufficient proporcon of the premises free for the other to enter upon, for the answering of his or her Annuytie herein before reserved and defaulted to be paid as aforesaid, any thing herein before confirmed to the contrary in anywife not withftanding; AND THE SAID Edward Bennett and Nicholas Bennett for themselves and either of them their and either of their heires Executors and administrators doe covenant promise and grant to and with the said Phillip Swancott his heires Executors and administrators by those I present in manner and forme following that is to say; That the said premises now bee, and every parte and parcell thereof now shallbee, remaine and continue at all time hereafter, to the severall uses intents lymittacons and purposes before in and by those present lymitted expressed and declared; clear and clearly acquitted, exonerated and discharged or otherwis saved and kept harmles by the said Edward Bennett and Nicholas Bennett their Heires Executors or administrators of and from all and all manner of bargaines, sales, leases, gifts, grants, feastenants, Dowers, Jointures, uses, wills, fynes, Annuyties, Extracons, recognizances, Statutes, m'chant and of the staple Judgements extents and of and from all other troubles, titles charges and Incumbrances: The Chiefe rents and services from henceforth to bee due to the Chieffe Lord or Lorde of the See or the Sees of the premises only exected; AND That the said Edward Bennett and Nicholas Bennett have not at any time heretofore done, committed, suffered, assended to, attempted, procured or putt inure, not at any time hereafter shall make, doe or committ, suffer, assente to, attempt, practize or putt inure any acte or acts, thinge or thinges, uss or uses whatsoever, to any person or persons of or upon the said messuages, lands, tenements, tofts, hereditaments and premises or any parte or parcell thereof whereby the said use or uses, Interests, estates and annuyties or any of them; shall bee frustrated, altered, changed, barred, determined, extinguished or made voyde or whereby the said use or uses, estates, interests or titles may not arise, springe, settle or take effect, according to the lymittacons aforetaid, and the true meaning of the same, and of those present; AND moreover that all and only person and persons to whom any use of the premises or of any parte or parcell thereof is before herein and hereby lymitted and appointed, and his, her and their heires and assignes, shall and may have, hould, occupye and quietly enioye the fame premises for to him, her or them hereby lymitted or appointed according to the true meaning of thoss present without any manner of left trouble entry, smite, vexacon, molestacon or interupcon of the said Edward Bennett or Nicholas Bennett or of their heires and without any manner of lawfull lest trouble entry, smite, vexacon, molettacon or interupcon of any other person or persons lawfully claiming in, by, from or under them or either of them; AND ALSO that the said Edward Bennett, Anne his wife, Nicholas Bennett and the heires of the said Edward and Nicholas shall and will from time to time and at all times hereafter within the space of tenne yeares next ensueing after the day of the date of those present at the reasonable request or requests of the said Phillip Swancott, his heiress, Executors and administrators and at the equall costs and charges of the said Phillip and Nicholas ,make, brake, deliver, execute, leavye (levy) and acknowledge Or cause and suffer to be done in and sealed, delivered, executed, leavyed and acknowledged but the said John Bennett and Richard Swancott, and to the survivor or survivors of them and to the heires of the survivors or survivor of them or to such other person or persons and his and their heires as shall in that behalf be nominated by the said Phillip Swancott and his heires, all and singular such other further and reasonable act and acts, thinge and thinges, estate and estates, devises, conveyoinces and assurances in the lawes for the more, sure and better passing, conveying and assuring of all and singular the premises and every parte and parcell thereof with their and every of their rights, members and appurtenance unto such uses, behoofes, intents, lymittacons and purposes as in and by those presente are before lymitted, expretted and intended according to the true meaning of the tame and of this person presente as by the said Phillip Swancott his heires, executors or Administrators or by his or their councell learned, shall best devised, advised or required: For as they be not compelled for the doeing thereof to travell out of the County of Montgomery; PROVIDED allways and it is covenanted, concluded and agreed by and betweene the said parties to those presente for them and their severall heires, Executors and administators by these persons presente: That if it shall happen the said Anne Swancott to dye within the space of three yeares next after the day of the marriage of the said Nicholas Bennett and Anne his said intended wife without issue of her body by the said Nicholas Bennett Lawfully begotten at the time of her decease, living; That then the said Nicholas Bennett his Executors or administrators shall and will pay or arrange to bee payd or satisfied unto the said Phillip Swancott his Executors and Administrators or assignes the summe of three score and five of lawfull money of England within the space of one yeare next after the decease of the said Anne Swancott dying without issue a aforesaid; AND it is further agreed betweene the said parties that the said Edward Bennett together with the said Nicholas and as his parte now, shall and may have free liberty for himself and workmen to search for lead mynes in and upon any parte or parcell of the premifes where any such mynes may bee likely to be found and sink pitts and use oher materialls for the carrying on of the said works, the said Edward Bennett and Nicholas Bennett being at equall charge in the said worke and the proffitts thereby to be raised (all chargees being deducted) to be equally divided betweene them both; And that it shall be likewise lawfull for the said Edward Bennett to cutt, take and carry away for his owne wife, competent and necessary wood and woods and timber as well to be imployed and about the said mynes, as for the other his owne necessary uses of the woods and underwoods and trees now growing upon the premises during the terme of his naturall life without the lett or interrupcon of the said Nicholas his heires or assignes, hee, the said Edward not felling or giving away any of the said woods or under woods without the intervencon of past: IN WITNESS whereof the said parties to those presente Indentures, have interchangeably putt their hands and seales the day and yeare First written.1667