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Indenture – Richard Spitty – 1632

This Indenture made the twentieth daie of February In the eight yeare of the raigne of our Soveraigne Lord Charles by the grace of God King of England Scotland France and Ireland defender of the faith &c. Between James Libert of London Marchant sonne and heire of John Libert late of London Marchant deceased of the one parte And Richard Spitty of South Fambridge in the Countie of Essex Yeoman of the other part  

Witnesseth that the said James Libert for and in consideracon of the some of one hundred and two? pounds of lawfull money of England to him in hand paid before the ensealing and deliverie of theis presents by the said Richard Spitty the receipte whereof hee the said James Libert doth by theis presents acknowledge and thereof and of everie part and parcell thereof doth cleerelie acquite exonerate and discharge the said Richard Spitty his heires executors and administrators by theis presents  

Hath granted bargained sold aliened enfeoffed and confirmed and by theis presents doth cleerelie and absolutly grant bargaine sell alien enfeoffe and confirme unto the said Richard Spitty his heires and asignes forever all those lands woodlands and grounds with their appurtenances comonlie called or knowne by the name or names of Kingell wood or howsoever the same or any of them is or hath byn called or knowne conteyning by estimacon thirtie acres or thereabouts be yt more or lesse lying or being within or neere the parishe of Hockley in the Countie of Essex nowe or late in the tenure or occupacon of William Glaskot _______ or of his assigne or assignes and also one house or tenement with the appurtenances standing _______ in or uppon some part or parcell of the said lands or grounds aforesaid Togeather with all the wood underwood tymber and trees whatsoever standing groweing or being in or uppon the same premisses and the soyle and ground whereon the same wood underwood tymber and trees are standing groweing or being And also all edifices buildings gardens orchards waies waters proffitts commodities liberties passages and appurtenances whatsoever to the said bargained premisses or anie part or parcell thereof belonging or appertaining or to or with the same or any of them nowe or att anie tyme used occupied or enjoyed which said lands woodlands and grounds aforesaid doe lye or abut on the North side or north part of the Comon called Clements Comon att neere or towards the Northeast end or northeast part of the said Comon and were heretofore bought and purchased by Isaac England of Hockley aforesaid Yeoman to him and his heires of and from one Edward Alleyne Esquier and nowe Knight and Baronett by the name or names of all that wood and parcell of woodland and ground then called Kingell wood or howsoever the same was called or knowne as in and by an Indenture of bargaine & sale in that behalf made by the said Edward Alleyne unto the said Isaac England and inrolled in his Maj’s High Court of Chancery And all other the lands tenements and hereditaments whatsoever with their appurtenances which were conveyed or assured unto the said John Lybert the father and his heires by the said Isaac England situate lying and being in Hockley aforesaid in the said Countie of Essex And the revercon and revercons remainder and remainders of all and singular the premisses and of everie part and parcell thereof and also all rents yearlie and other profits whatsoever or refer … due or payable or which hereafter shall growe due or payable of for or in respect of the said bargained premisses or anie part or parcell thereof And also all the estate right title interest use possession benefit clayme and demand whatsoever of him the said James Lybert of in to or out of the said premisses or anie part or parcell thereof together with all deeds evidences and writings concerning onely the premisses or anie part or parcell thereof  

To have and to hold the said lands woodlands and grounds aforesaid and the said house or tenement and all and singular other the premises with the appurtenances and everie part and parcell thereof unto the said Richard Spitty his heires and assignes forever To the onelie proper use and behoofe of the said Richard Spitty his heires and assignes forever And said James Lybert for himself his heires executors administrators and assignes and everie of them doth covent promise and grant to and with the said Richard Spitty his heires and assignes by theis presents that hee the said Richard Spitty his heires and assignes and everie of them shall and may from tyme to tyme and att all tymes hereafter peaceably and quietlie have hold and enjoy the aforesaid lands woodlands and grounds and the said house or tenement and all other the premisses with their and everie of their appurtenances without the lett suite trouble disturbance molestacon eviccon or interrupcon of or by the said James Lybert his heires executors administrators or assignes or of or by anie other person or persons nowe haveing or clayming or that shall hereafter have or clayme by from or under him them or any of them or by from or under the said Edward Alleyne or John Lybert late father of the said James Lybert and Isaacke England or anie of them or by their or any of their acte meanes default consent or procurement (except those that shall clayme for or by reason of the lease hereafter menconed to be excepted) And freed and discharged or otherwise from tyme to tyme well and sufficiently saved and kept harmles by the said James Lybert his heires and assignes of and from all and all manner of former and other bargaines sales guifts grants annuities intayles statuts marchannt & of the staple recognisances judgements execucons leases rents and arrerayes of rents order decrees titles troubles charges and incumbrances whatsoever had made comitted done acknowledged caused or suffered or hereafter to bee had made comitted done acknowledged caused or suffered by the said James Lybert his heires or assigns or by anie other person or persons haveing or lawfullie clayming or that shall have or lawfully clayme by from or under him or anie of them or by from or under the said Edward Alleyne John Lybert and Isaacke England or by their or anie of their meanes _____ default consent or procurement (except ______________ made of the premisses by the said Isaacke England ___________________________ by Indenture bearing date the twelveth daie of February in the seaventeenth yeare of the reigne of our late Soveraigne Lord King James over this his realme of England for the terme of foure score and nyneteene yeares from the day and date of the said Indenture for the yearlie rent of a pepper corne  

And the said James Lybert for himselfe his heires executors administrators and assignes and everie of them doth covent promise and grant to and with the said Richard Spitty his heires and assignes by theis presents that hee the said James Lybert and all and everie other person and persons and their heires haveing or which hereafter shall have any estate right title interrest clayme or demand of in to or out of the premisses or anie part or parcell thereof shall and will from tyme to tyme and att all tymes hereafter during the space of seaven yeares nowe next ensueing within convenient tyme after reasonable request of the said Richard Spitty his heires or assignes and att their or some of their costs and charges in the lawe doe make acknowledge execute and suffer or cause to bee done made acknowledged executed and suffered all and everie such further and other lawfull and reasonable acte and acts thing and thinges devise and devises assurance and assurances in the lawe whatsoever Be it by fyne feoffment release confirmacon deed or deeds inrolled or not inrolled the inrollment of theis presents recoverie or recoveries with single or double voucher or vouchers or otherwise with warrantie as aforesaid or without warrantie for the further and better conveying assuring and sure making of all and singular the premisses unto the said Richard Spitty his heires and assignes as by them or anie of them their or anie of their councell learned in the lawe shall be reasonablie devised or advised and required soe as the parties that shall make such further assurance bee not compelled for the doing thereof to travell further then the Citties of London and Westminster and the suburbes of the same and soe as such further assurance conteyne noe further warrantie nor covennts for e___ing then as aforesaid  

In witness whereof the parties to theis Indenturs have interchangeably putt their hands and seales the daie and yeares first above written Anno Dom 1632


Acknowledgement to the Essex Record Office – ref D/DB T436/9