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Freehold Titles (ERO D/DPr260 Edw earl of Oxford to Roger Harlakenden Chalkney Wood etc)

20.7.33Eliz1 (Tuesday 20 July 1591)

document 51400005

this indenture tripartite made 20.7.33Eliz1 between the right honourable Edw earl of Oxford of the first part Israel Amice of Tilbury near Clare Essex esq Jn Drawater of London gentleman and Jn Holmes of Tilbury aforesaid yeoman of the second part and Roger Harlakenden of Earls Colne esq of the third part witnesseth that where the said earl of Oxford by one recognizance taken and knowledged in the queens majesties court of common pleas at Westminster bearing date 17.11.26Eliz1 became bounden to the said Israel Amice in the sum of 3000li of lawful money as by the enrolment of the said recognizance in the said court more at large it doth and may appear and whereas the said earl by recognizance of the nature of statute staple made according to the statute lately provided for recovery of debts bearing date the 7.3.26Eliz1 became bound to the said Israel Amice in the sum of 4000li of lawful money of England and where the said Israel Amice was outlawed at the suit of several persons in several actions by reason of which said outlawry the said Israel Amice did forfeit to her majesty amongst other his goods and chattels and the said several recognizances and the sums of money therein contained and where the queens majesty that now is by her highnesses letters patent under the great seal of England bearing date 3.5.33Eliz1 did give and grant to the said Jn Drawater and Jn Holmes all and every such goods chattels writings specialities debts sums of money payments accounts demands profits commodities and advantages whatsoever as hath been forfeited unto her majesty or whereunto her majesty hath or was entitled by reason or occasion of any such outlawry or outlawries had or procured against the said Israel Amice by what name or names whatsoever since the 20.4.26Eliz1 to the sole and proper use and behoof of the said Jn Drawater and Jn Holmes their executors administrators and assigns freely absolutely and entirely without any manner of account reckoning or recompence to be rendered yielded or made unto her majesty her heirs and successors of and for the same as in and by the said letters patent more plainly appeareth and where the said Jn Drawater and Jn Holmes have caused amongst other lands and tenements the manor of Colne Priory in Essex which said manor a certain wood or wood ground called Chalkney Wood alias Chalkenhey Wood in Earls Colne and Much Tey or in either of them in the said county is parcel now therefore the said earl of Oxford Israel Amice Jn Drawater and Jn Holmes for and in consideration of the sum of 300li to the said earl in hand at and before the ensealing hereof well and truly paid whereof and wherewith the said earl acknowledgeth himself fully satisfied and paid and thereof and of every part thereof do clearly acquit and discharge the said Roger Harlakenden his executors administrators by these presents have given and granted and by these presents do give and grant to the said Roger Harlakenden as well all and every the timber and underwoods bushes hedgerows and trees now growing and being and which during the term of 21yrs hereunder mentioned shall be standing growing or being in and upon the said wood or woodground called Chalkeney Wood alias Chalenhey Wood as also all and every the woods already felled within the said wood ground and therein now remaining and all and every the rails pales posts and spurs in and about the said wood and free liberty power and authority to and for the said Roger Harlakenden his executors administrators and assigns to hew fell cut down and carry away the said timber wood trees underwoods bushes hedgerows pales posts rails and spurs at all times and from time to tome during the term of 21yrs hereunder written by all ways thereunto used or accustomed and the said earl Israel Amice Jn Drawater and Jn Holmes for the said consideration have demised granted and to farm letten and by these presents demise grant and to farm let unto the said Roger Harlakenden the said wood ground and the soil of the same wood and the herbage and pannage thereof to have and to hold and enjoy the same woodground herbage pannage and other the premises and appurtenances to the said Roger Harlakenden his executors administrators and assigns from the feast of st jas the apostle next ensuing the date hereof unto the end and term of 21yrs from thence next ensuing and fully to be complete and ended yielding and paying therefore yearly during the said term unto the said earl his heirs and assigns a peppercorn only at the feast of the birth of our lord if it be demanded and no more and the said earl Israel Amice and Jn Drawater for themselves and every of them and for their and every of their heirs executors and administrators and for every of them do covenant promise and grant jointly and severally to and with the said Roger Harlakenden his executors administrators and assigns and every of them by these presents that the said woods underwoods wood ground and all and every other the premises by these presents mentioned to be bargained sold demised granted and every part and parcel thereof are and be at the ensealing and delivery of these presents clear free acquitted and discharged or at all and every time and times hereafter shall continue and be unto the said Roger Harlakenden his executors administrators and assigns sufficiently saved harmless by the said earl Israel Amice Jn Drawater their executors and assigns of and from all and every former bargain sales grants and other encumbrances whatsoever by the said Jn Drawater had made committed or done before the ensealing and delivery of these presents and that he the said Jn Drawater his executors or administrators shall not at any time or times hereafter without the consent of the said Roger Harlakenden his executors or administrators in writing under his or their hand knowledge satisfaction of the said several recognizances nor of either of them nor in any wise suspend extinguish determine or release by writing them or either of them and also the said earl Israel Amice and Jn Holmes for themselves and every of them and for their and either of their heirs executors and administrators and every of them do jointly and severally covenant promise and grant to and with the said Roger Harlakenden his executors administrators and assigns and every of them that the said Roger Harlakenden his executors and assigns shall or may at all and every time and times hereafter during the said term of 21yrs fell cut down and carry away all and every the said timber woods underwoods trees bushes hedgerows and rails pales posts and spurs and have hold occupy possess and enjoy the said wood ground soil ground herbage pannage and all and every the premises with appurtenances during the said term of 21yrs without any manner let or interruption of the said Jn Holmes his executors administrators or assigns or any person or persons by him or their means or procurement and that the said Jn Holme hi s executors or adminstrators shall not at any time or times hereafter without the consent of the said Roger Harlakenden his executors or administrators in writing under his or their hand knowledge satisfaction of the said several recognizances nor of either of them nor in any wise suspend extinguish determine or release by writing them or either of them and further that if it shall at any time hereafter fall out or appear that the said woods or wood ground called Chalkney Wood is erroneously or unduly extended by force of the said several recognizances or either of them that then the said Jn Holmes his executors administrators and assigns shall and will permit and suffer the said Roger Harlakenden his executors and assigns by force of the said recognizances to reextend the said wood and wood ground and all other lands tenements and hereditaments subject to the said recognizances or either of them in the name of the queens majesty her heirs or successors or in the name of the said Jn Drawater and Jn Holmes their executors administrators at the election and choice of the said Roger Harlakenden his executors and administrators without any manner let or interruption to be had or made by the said Jn Holmes his executors administrators or assigns or by any other person or persons by his or their means or procurement and that also the said Jn Holmes his executors and administrators from time to time and at all times after such reextent had shall and will and upon the reasonable request and cost and charges of the said Roger Harlakenden his executors and assigns convey assign and set over unto the said Roger Harlakenden his executors and assigns all and every the right estate title interest benefit of extent and demand which the said Jn Holmes his executors or administrators shall have by force of such extent of and in the premises for and during the said term of 21yrs with such like covenants on the part of the said earl Israel Amice and Jn Holmes their executors and administrators and in such form as in these presents are contained as by the said Roger Harlakenden his executors administrators or assigns or his or their council learned shall be reasonably devised or advised and the said earl of Oxford covenanteth and granteth by these presents for him his heirs executors and administrators and for every of them to and with the said Roger Harlakenden his executors and assigns that the said Roger Harlakenden his executors and assigns shall or lawfully may peaceably and quietly have hold occupy and enjoy the said woods underwoods wood ground and all and every other the premises with the appurtenances without any manner lawful let or interruption of any person or persons whatsoever clearly discharged of all tithe wood and other tithes and all charges and encumbrances whatsoever wherewith the same or any part thereof is or shall be charged or chargeable during the said term and the said Roger Harlakenden covenanteth and granteth by these presents for himself his executors and administrators to and with the said earl his heirs and assigns that he the said Roger his executors and assigns shall and will at every felling of the premises leave standing and being in and upon the premises sufficient standalls and staddels according to the laws and customs of this realm and also that he the said Roger Harlakenden his executors or assigns shall in the end of the said term leave and yield up the said ground sufficiently enclosed and fenced for the preservation of the spring thereof in witness whereof the said parties to these present indentures interchangeably have set their hands and seals given the day and year above written earl of Oxford Israel Amice Jn Drawater J H J Holmes

sealed and delivered to the use of Roger Harlakenden in the presence of us Thos Hampton Edm Felton J Higham signature of the said Jn Drawater in the presence of me W Dodd Felix Willson