Family History |
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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 |