Articles of agreement

Scope and Content

John Rooper of The Lodge, parish of Lynsted, Kent, esq., and Elizabeth his wife (late wife of Robert Monnson, serjeant at law, deceased, and administratrix of his estate); Francis Yarburghe of Northorpe, Lincs., esq., and Henry Jenkynson of Lincoln, gent.
Refers to discord between the Roopers, she wishing to return to her birthplace in Lincs., where she had lived prior to the marriage, but he being required by his estates and office to remain in Kent.
The Ropers have a freehold interest during the life of Elizabeth in the manor of South Ingleby, with its appurtenances there and at North Ingleby and Broxholme, and various properties in those places forming the jointure settled on her by Robert Monnson. They also have an interest in fee tail in right of Elizabeth in 2/3 of the manor of Little Carlton and various lands and tenements there and at Asfordby, Althorpe, South Reston, Tathwell, and Lincoln (the division of the property still needing to be made), and 2/3 of the manor of Scrafield and various lands there and at Hameringham, Kelcote, Asfordby, Alvingham, and Louth, all in Lincs., with remainder to John Cooke and Thomas Cooke and their bodily heirs, and other remainders; and in all of the manor of Strange Garthes with its appurtenances at Yarburgh, Lincs., in fee tail with various remainders. All these properties other than the jointure properties now leased by Rooper to Yarburghe and Jenkynson for 60 years from 1 May last, if Elizabeth and John live so long.
By deed dated 16 January, 20 Elizabeth I [1583/4], John Monnson had leased to Elizabeth Rooper the chief messuage or manor house of Burton next Lincoln with all the properties there lately belonging to Edward Brokylsbye, from that date for 60 years if she lived so long, for her personal use only. Rooper assigns this deed and his interest in the property to Yarburghe and Jenkynson, with all properties and household possessions formerly belonging to Robert Monnson, including the plate, chain, and jewels as set out in a schedule (attached), but excluding the corn and grain.
Rooper covenants for Yarburghe and Jenkynson's peaceful possession of the properties, without interruption or encumbrance. Yarburghe and Jenkynson covenant that, within 21 days following a request, they will acquit and exonerate Rooper from all actions and penalties, etc., arising from the administration of the goods of Robert Monnson. They similarly covenant with Elizabeth Rooper, to act within a reasonable time after due request, so that nothing may be done against her without the assent or consent of Yarburghe and Jenkynson.
By deed dated 15 March, 26 Elizabeth I [1583/4], John Monnson is bound to the Roopers in £2000 for their peaceful possession of the jointure lands, and for the execution of the covenants in the deed of 16 January. Rooper also holds various counterbonds and discharges which absolve him from various duties and demands chargable in respect of his administration in right of Elizabeth, all of which are to be used in fulfilling the administration. The Roopers appoint Yarburghe and Jenkynson as their attorneys for acting on the bond against Monnson at their own costs, following any breaches of the covenants of 16 January, and for discharging them from the administration. Rooper covenants not to void the bond and not to release or assign it or the counterbonds to discharge the administration, or discontinue or non-suit any action brought in his and Elizabeth's name by Yarburghe and Jenkynson, without their consent, or to revoke the letters of attorney, but to support all actions begun in their names by Yarburghe and Jenkynson upon the bond and covenants, etc. Rooper covenants not to confess any action brought against him and Elizabeth resulting from the administration of Robert Monnson, or to accept any voluntary judgements being entered against them, without the written consent of Yarburghe and Jenkynson.
Considering the expense to which Yarburghe and Jenkynson are put in saving the Roopers from the costs of the administration, Roopers covenant to levy a fine sur conisance de droit come ceo, before Michaelmas next, to Edmund Yarburghe and Vincent Fulnettbye, esqs., for the manor of Welton next Louth with other properties there and at Saltfleetby, Theddlethorpe, Willoughby, and Cawthorpe, Lincs., late the inheritance of John Dyon, deceased, with 1/3 of the manors of Little Carlton and Seafield and 1/3 of the properties there and at Althorpe, South Reston, Tathwell, Lincoln, Maneringham, Kelcote, Asfordby, Alvingham, and Louth. (the definition of the property for the purposes of the fine being recited). The property shall thus pass to Edmund Yarburghe and Fulnettbye, with release from the heirs of Elizabeth Rooper to them and the heirs of Edmund Yarburghe, as trustees for the uses of Francis Yarburghe and Jenkynson during the life of John Rooper, thereafter to use of Elizabeth Rooper for life, and thereafter to uses of Francis Yarburghe and Jenkynson.
If the Roopers are reconciled and reunited after next Michaelmas, then all covenants to be voided, other than those whereby Yarburghe and Jenkynson agree to save the Hoopers against the administration of Robert Monnson, and that whereby the uses of the manors are limited to Yarburghe and Jenkynson. Following voidance, the possessions and properties are to revert to John Rooper, including those listed in the schedule. Yarburghe and Jenkynson covenant not to dispose of any of those goods during Elizabeth Hooper's life, and to return them upon due notification of a reconciliation. They will also allow John Rooper to replace them to take legal action against anyone detaining the goods, and allow him to keep any money thus recovered to his own use without rendering any account. They will also support Rooper in any such legal actions.

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