Wolley Ch iv.37

Deed of Covenant whereby George Briggs of Chesterfield, butcher, and Ann his wife, Christopher Daykin of Codnor, yeoman, and Susanna his wife, Zouch Wild of Codnor Castle, yeoman, and Ann his wife, and Zouch Day of Codnor, yeoman, agree to levy a Fine before 1 November next coming, to John Clarke of Codnor, gentleman, John Kirkland of Wheatcroft, in the parish of Crich, yeoman, and John Clarke, 2nd son of Gilbert Clarke of Somersall, gentleman, of 2 messuages, 2 shops, 3 barns, 1 orchard, 2 gardens, 40 acres of land, 10 acres of meadow, 40 acres of pasture, 10 acres of wood ground, 100 acres of furze and heath, and common of pasture for all manor of cattle and common of turbary [right to take turf] in Codnor and Chesterfield, to the use of the said John Clarke of Codnor for his life, and after his death to the use of the said John Kirkland for 99 years if Ellen Clarke, daughter of the said John Clarke shall so long live, the which term so limited to the said John Kirkland to be upon trust that the said John Kirkland shall dispose and account for all rents and issues of the premises to such person as the said Ellen Clarke shall nominate, and in default shall dispose of the same for the benefit of the said Ellen, and that the said John Kirkland shall not permit Gilbert Clarke, husband of the said Ellen, to receive any of the said profits of the said premises to his own use; and after the end of the said term, to the use of John Clarke, son of the said Gilbert Clarke and the heirs of his body lawfully begotten, and in default of issue to the use of the said Ellen Clarke for ever; and the said George Briggs warrants that that the lands in these presents contained which are situated in Chesterfield, being one messuage, 2 shops, one garden and one acre of land adjoining, are held in free and common socage and not in chief.

Dated as: 1 June, 16 Charles I

Endorsements: Sealed & delivered in the presence of, John Johnson, James Wright, Fran[cis] Brigges, John Wililmatt, John Calowe, his mark.