Wolley Ch xii.102

Marriage Settlement arising from an Agreement between John Fitzherbert of Somersal Herbert, co. Derby, gentleman, and Thomas Coke of Melbourne, co. Derby, esquire, Thomas Guilbert of Locko, co. Derby, gentleman, and Guilbert Coke, second son of Sir Francis Coke, deceased, where in consideration of the marriage already had between the said John and Mary his now wife, sister of Richard Coke of Trusley, co Derby, esquire, certain articles were agreed beforehand between the said Richard Coke and the said Mary, by name of Mary Coke, of the one part, and John Fitzherbert of the other part, and in consideration of the sum of £800 marriage portion received by the said John to fulfill the said agreement, to pay his debts and to raise portions for the younger children, the said John now covenants before Easter next ensuing he will levy a Fine to the said Thomas Coke and Thomas Guilbert of all his messuages and lands in Marston Montgomery, and of a close called Braggine, sometime the inheritance of William Ferinhough, yeoman, deceased, and also the decayed messuage called Turners Farm, and all that close called the Marehay formerly belonging to the said Turners Farm, and other closes called by the several names of the Nether Closes, the Oxe Close Meadow and the Old Meadows, sometime the inheritance of William Pre... of Marston Montgomery, yeoman, deceased, and of 2 closes called the Clayes which were the inheritance of John Ireland, late of Marston aforesaid, yeoman, deceased, and the close called the Wood or Holy Hurst and were late in the tenure of George Siddall, all being in the lordship of Marston Montgomery; and all those 2 close called ..en.. Ridding Rough and the Longe Close adjoining lying within the lordship of Somersal Herbert; to the use of the said John for life, and after his death to the use of Mary his wife for life for her jointure, in remainder to their first son and his issue, in successive default to their other sons and then to their daughters, who shall have the sum of £1,200 raised for their portions to be equally divided amongst them.

Dated as: 1 December, 1652

Endorsements: Sealed and delivered in the presence of : Richard Coke, Robert Coke and William Iacson.