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Freehold Titles (ERO D/DPr178 Edw de Vere earl of Oxford to Roger Harlakenden Colne Priory etc)

2.1.30Eliz1 (Tuesday 2 January 1588)

document 51200050

this indenture made 2.1.30Eliz1 etc between the right honourable Edw de Vere earl of Oxford etc of the one part and Roger Harlakenden of Earls Colne esq of the other part witnesseth that the said earl for and in consideration of the sum of 220li to him the said earl beforehand well and truly paid by the said Roger Harlakenden and for other considerations him especially moving hath demised granted and to farm letten and by these presents doth demise grant and farm let unto the said Roger Harlakenden his executors administrators and assigns the site of the manor of Colne Priory commonly called Colne Priory or Colne House with all gardens orchards ponds fishings courts yards houses barns stables buildings and edifices thereunto belonging together with all and singular the tithe corn belonging to the parsonage of Earls Colne and also all the lands meadows pastures fields feedings and demesne lands with appurtenances at any time belonging or appertaining to the said late priory and which now be or at any time heretofore by the space of 12years last past been taken used occupied and enjoyed by the said Roger Harlakenden Jane his wife or Rich Kelton her first husband or his or their assigns to and with the same house and also all that parcel of ground called Chipfyn alias Chiffyn as it is now severally divided and now or late in the tenure or occupation of the said Roger Harlakenden or his assign or assigns except and always reserved unto the said earl his heirs or assigns all that wood commonly called Chalkney Wood and all other woods underwoods and trees growing and being upon the demised premises or any part or parcel thereof to have and to hold all and singular the aforesaid premises with their appurtenances except before excepted unto the said Roger Harlakenden his executors administrators and assigns from the feast of st michaelmas the archangel last past before the date hereof unto the full end and term of 21years from thence next following fully to be complete and ended yielding and paying therefore yearly unto the said earl his heirs or assigns during the said term of 21years the sum of 14li of lawf ul money at two usual feasts or terms of the year that is to say at the feast of the annunciation of the virgin mary and st michaelmas the archangel by even portions and the said earl doth covenant for himself his said heirs executors and assigns to and with the said Roger Harlakenden his executors administrators and assigns that the said earl his heirs executors and assigns shall discharge and pay all manner of rents rent charge tenths taxes fifteenths and all other charges going out of the premises during the said term of 21years to the queens majesty her heirs and successors and other chief lords of the fee and if the said Roger Harlakenden his executors administrators and assigns shall at any time hereafter during the said term of 21years by the default of the said earl his heirs or assigns pay any such rents tenths or any of the aforenamed charges taxes or fifteenths to the queens majesty her heirs or successors or to any other person or persons which have lawful title or interest for the same other than the rent before in these presents reserved or if any such rent tenths fifteenths charges or tax shall be lawfully levied during the said term of 21years upon the premises through default of payment thereof made by the said earl his heirs executors or assigns that then is shall and may be lawful for the said Roger Harlakenden his executors or assigns so often as any such payment or levy shall be made to recoup default and detain so much of the said rent reserved by these presents as shall amount to the full sum of the said rent tenth charge payment of tax or fifteenth so by him the said Roger Harlakenden his executors administrators and assigns paid or levied upon the before demised premises as is aforesaid and that that shall be as sufficient discharge of the said rent defaulted detained or recouped by him the said Roger his executors administrators or assigns as if the said Roger his executors administrators of assigns had paid the same to the said earl his heirs of assigns and the said earl for him his said heirs and assigns doth covenant and grant to and with the said Roger Harlakenden and his executors administrators and assigns that he the said earl his heirs and assigns during the said term of 21years shall repair amend and sustain at his and their charge all the said houses buildings and edifices now situate and being in and upon the said premises or any part thereof and that it shall be lawful for the said Roger his executors and assigns yearly during all the said term of 21years to take in and upon as well all or any of the above demised premises grounds pastures meadows and woods as also out of all and singular the copyhold of the said manor of Colne Priory sufficient houseboot fireboot ploughboot cartboot gateboot paleboot and hedgeboot to be spent and occupied in and on the said demised premises only and not elsewhere without doing or committing any wilful spoil or voluntary waste anything in these presents contained to the contrary notwithstanding and further that it shall or may be lawful for the said Roger Harlakenden his executors or assigns to hawk hunt fish and fowl in and upon any the demesne lands tenements hereditaments copyhold lands of the said earl belonging to the said Colne Priory or manor of Colne Priory the said wood called Chalkney Wood only excepted and that the said Roger Harlakenden his executors administrators or assigns under the clauses covenants payments and agreements aforesaid shall or may have hold occupy posses s and quietly enjoy during the said term of 21years all and every the above demised premises without any lawful let trouble or molestation of the said earl his heirs or assigns or any other person or persons whatsoever by his or their means consent procurement or agreement in witness thereof the parties first above named unto this present indenture interchangeably have set their hands and seals the day and year first above written Edw Oxford