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Indenture – Richard Spitty – 1632

This Indenture made the twentieth day of February 1632 In the eight yeare of the reigne of our Soveraigne Lord Charles by the grace of God King of England Scotland France and Ireland Defender of the faith &c & Betweene Abraham Corsellis of London Merchant Executor of the last Will and Testament of John Libert late of London Merchant deceased and James Lybert of London Merchant sonne and heire of the said John Lybert of the one parte And Richard Spitty of Bromfield in the Countie of Essex gentleman of the other parte  

Whereas Isaacke England of Hockley in the Countie of Essex yeoman by his Indenture of lease or demise bearing date the twelveth daie of February in the yeares of the reigne of our late Soveraigne King James of England France and Ireland the seaventeenth And of Scotland the three and fiftieth for the consideracons therein menconed did bargaine sell demise grant and ye? farme lett unto Anthony Johnson of London fishmonger all that wood and parcel of woodland and ground comonlie called or knowne by the name of Kingellwood or howsoever the same was called or knowne conteyning by estimacon thirtie acres or thereabouts with the appurtenances lying and being in the parish of Hockley in the Countie of Essex or lying or neere adjoining unto the same late in the tenure or occupacon of Edward Mayne Esquire or of his assignee or assignes And all the wood underwood tymber and trees whatsoever standing growing or being and which thereafter should stand growe renewe or bee in or upon the same which said wood and parcel of woodland and ground aforesaid doth abutt or lye on the North side or North parte of the comon called Clements Comon att neere or towards the Northeast end or Northeast part of the said Comon  

Together with the libertie waie and passage thereunto or into and from the same leading used or accustomed in by from and unto the streete or kinges highwaie there called Greene Streete And which said wood and parcel of woodland and ground aforesaid late was part and parcel of the demeasnes of or belonging to the Mannor Capitall messuage or farme called Plomborowe or howsoever the same was called in Hockley aforesaid was or had byn accompted to be part parcel of or to belong to the said Mannor Capitall messuage or farme aforesaid And also all other the lands rents and hereditaments whatsoever with their appurtenances of the said ..aarke England in Hockley aforesaid in the said Countie of Essex And the revercon and revercons remainder and remainders of all and singular the said menconed to be bargained or demised premises and everie part and parcel thereof and also all rents and yearlie proffits whatsoever reserved due or payable and which thereafter should growe due or payable of or appon the said menconed to be bargained or demised premises or anie part or parcel of the same  

To have and to hold the same unto the said Anthony Johnson his executors administrators and assigns from the daie of the date of the said recited Indenture of lease or demise unto then.. and terme and for and during the full tyme and terme of fourscore and nyneteene years from thence next ensueing and fullie to be compleate and ended Att for and under the yearlie rent of one pepper corne reserved and payable as in and by the said Indenture is lymitted or expressed And further as in and by the said Indenture of lease or demise wherein are conteyned divers covennts grants articles and agreements and one other deed or writing bearing date the fiveth daie of Maie Anno Dom 1621 And in the yeares of the Reigne of our said late Sovereigne Lord King James of England France and Ireland the nineteenth and of Scotland the foure and fiftieth made by and from the said Isaacke England unto the said Anthony Johnson for the better confirmacon and approving unto him the the said Anthony his executors administrators and assignes of the said recited or menconed Indenture of lease and the bargaine sale demise and grant therein or thereby made of or concerning the premisses  aforesaid whereunto relacon being had more plainly and fullie att large maid and doe appeare sythence the making of which said recited Indenture of lease or demise there hath byn and is one house or ten’te (tenement) erected builded or sett upp in and by upon some part or parcell of the said wood woodland or ground aforesaid  

And whereas also the said Anthony Johnson in and by his Indenture of assignement bearing date the sixe and twentieth daie of Maie Anno Dom 1624 and in the yeares of the Reigne of our said late Soveraigne Lord King James of England France and Ireland the two and twentieth and of Scotland the seaven and fiftieth made or menconed to be made betweene the said Anthony Johnson and the said Isaacke  England of thone p’tie (party) and the above menconed Jane Williamson of thither p’tie for the consideracons therein expressed did by and with the consent and agreement of the Isaacke England grant alien bargaine sell assigne and sett over unto the said Jane Williamson for her executors administrators and assignes as well all the said wood and parcell of woodland and ground aforesaid and all other the lands and premises with their appurtenances in and by the above recited Indenture of lease or demise menconed or intended to be demised or granted and everie part and parcell of the same together with the said house or tenement and all other edifices and buildings whatsoever which were then standing builded or sett upp in or upon the same premises or in or upon anie parte or parcell thereof And also all the estate lease right title interest use possession revercon propertie terme of yeares and tyme to come clayme and demand whatsoever of him the said Anthony Johnson or which hee his executors or administrators or anie of them or and other person or persons to or for his or their use or behoofe had should might or of right ought to have had or might clayme of in or to the said wood and parcell of woodland and ground aforesaid  

And the said house or tenement edifices and buildings and other the premises with their appurtenances above menconed and of in or to everie or any part and parcell thereof by force virtue or meanes of the said recited Indenture of lease or demise And the said deeds or writings or either of them or by anie other waies or meanes whatsoever or other wise heresoever together with the said Indenture of lease or demise and deed or writing aforesaid and either of them And further as in and by the said recited Indenture of assignement wherein are conteyned vivers other covernments grants articles clauses and agreements where unto relacon being had more plainelie and fullie att large maid and doth appeare which said last recited Indenture and the grant bargaine sale and assignement of the said recited lease and premises with the appurtenances was had made and takn to and in the name of the said Jane Williamson and meant and intended to be onelie in ten… and for the use of the said John Lyibert father of the said James his executors adminisitrators and assignes by and with the consent and appointment of the said john Lybert The estate right title and interest of which said Jane Williamson of in or the said recited lease and the said wood and parcell of woodland and ground aforesaid and other the premisses with the appurtenances did afterwards lawfully come and was settled and vested in Charles Lybert of the Citie of Norwich Clerke executor of the last Will and Testament of the said Jane Williamson And whereas the said Charles Lybert in discharge & accomplishment of the ten.. and confidence had and reposed by the said John Lybert in the said Jane Williamson touching the premises as aforesaid did by his Indenture of assignement bearing date the eight daie of July Ann dom 1626 and in the second year of the reigne of our Soveraigne Lord King Charles &c for the consideracon therein menconed did fullie cleerlie and absolutely grant alien convey assigne and sett over unto the said Abraham Corsellis as well all the said wood and parcell of woodland and ground aforesaid and all other the lands and premises with their appurtenances in and by the above recited Indenture of lease or demise menconed or intended to be demised or granted and everie part and parcell of the same together wityh the said house tenement and all other edifices and buildings whatsoever which are nowe standing builded or sett upp in or upon the same premises or in or upon anie part or parcell thereof As also all the estate lease right title or interest use possession revercon propertie terme of yeares and tyme to come clayme and demand whatsoever of him the said Charles Libert of or in the premisses with their appurtenances as above menconed and of in or to everie or anie part or parcell thereof  

Nowe this Indenture witnesseth that the said Abraham Corsellis by the appointment and consent of the said James Lybert partie to these presents for divers good causes and consideracons him hereunto especiallie moveing Hath granted aliened conveyed assigned sett over And by these presents doth fullie cleerelie and absolutlie grant alien convey assigne and sett over unto the said Richard Spitty as ….. all the said wood and parcell of woodland and ground aforesaid and all other the lands and premisses with their appurtenances in and by the above recited Indenture of lease or demise menconed or intended …. demised or granted and everie part and parcell of the same Togeather with the said house or tenement and all other edifices and buildinges whatsoever which are nowe standing builded or sett upp in or upon the same premisses or in or upon and part and parcell thereof As also the estate lease right title interest use possession revercon propertie terme of years and tyme to come clayme and demand whatsoever of him the said Abraham Corsellis of in or to the premisses or anie part or parcell thereof  

To have and to hold the aforesaid premisses with the appurtenances unto the said Richard Spitty his executors administrators and assignes from the daie of the date of these presents for and during the rest and residue of the aforesaid terme of foure score and nyneteene yeares in and by the said recited Indenture of lease or demise granted or lymitted yet to come and unexpired In as large and ample manner and forme as had the said Abraham Corsellis hath or maie or can have or grant the same to the use and behoofe of Richard Spitty of South Fambridge in the Countie of essex Yeoman and uppon trust to hold and dispose of the same from tyme to tyme as hee and his heires shall limit and appoint  

And the saide Abraham Corsellis for himself his executors administrators and assignes and everie of them doth covenant promise and grant to and with the said Richard Spitty partie to these presents his executors administrators and assigns by these presents that hee the said Richard Spitty partie to these presents his executors administrators and assigns shall and may from henceforth according to the purport intent and true meaning of the said recited indenture of lease and of these presents lawfully peaceably and quietlie have hold occupie possesse and enjoy all the said wood woodlands and grounds and the said house or tenement and all and singular the said premisses with their and everie of their appurtenances hereby meant menconed or intended to bee granted assigned or sett over & everie part and parcell thereof during and unto the end and full accomplishment of all the rest residue and remainder as are nowe to come and unexpired of the said terme of four score and nyneteene yeares in or bt the said recited Indenture of lease or demise granted or menconed without any manner of lawfull lett suite trouble interrupcon expulcon eviccon recoverie denial contrasiccon incumbrance or other impediment whatsoever of or by the said Abraham Corsellis his heires executors administrators or assignes or anie of them or of or by anie other person or persons whatsoever lawfully clayming or to clayme and manner of lawful;l estate right tythe or interest of in to or out of the premisses or anie part or parcell thereof  

In Witness whereof the parties to these presente Indentures interchangeably have putt their hands and seales the said daie and yeare first above written Anno Dom 1631
Abraham Corsellis
Lybart


Acknowledgement to the Essex Record Office – ref D/DB T436/10