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Freehold Titles (ERO D/DPr161 Roger Harlakenden and Wm Hampton re Chalkney Wood)

2.12.34Eliz1 (Saturday 2 December 1591)

document 51500005

this indenture made the 2.12.34Eliz1 etc between Roger Harlakenden of Earls Colne in the county of Essex esq of the one part and Wm Hampton of Lytle Hadham in the county of Hertford of the other part witnesseth that where the right honourable Edw earl of Oxford by one recognizance taken and acknowledged in the queen's majesty's court of common pleas at Westminster bearing the date the 17.11.26Eliz1 became bounden to Israel Amyce of Tilbury in the county of Essex esq in the sum of 3000li of lawful money of England as by the enrolment of the said recognizances in the said court more at large it doth appear and where also the said earl by recognizance of the nature of staple made according to the statute lately provided for recovery of debts bearing date the 7.3.26Eliz1 became bounden to the said Israel Amyce in the sum of 4000li of lawful money of England and where the said Israel Amyce was outlawed by the suit of several persons in several occasions by reason of which said outlawry the said Israel Amyce did forfeit to her majesty amongst others his goods and chattels the said several recognizances and sums of money therein contained and where the queen's majesty that now is by her highness letters patent under the great seal of England bearing date the 3.5.33Eliz1 that now is did give and grant to Jn Drawater of London gentleman and Jn Holmes of Tilbury aforesaid yeoman all and every such goods chattels writings specialties debts sums of money penalties accounts demands profits commodities and advantages whatsoever as have been forfeited unto her majesty or whereunto her majesty hath been or was entitled by reason or occasion of any such outlawry or outlawries had or procured against the said Israel Amyce by what name or names soever 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 or successors of and for the same as in and by the said letters patent more plainly may appear and where the said Jn Drawater and Jn Holmes have caused to be extended by force of the said recognizances amongst other lands and tenements the manor of Colne Priory in the said county of Essex of which 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 of Essex is parcel and where the said earl of Oxford Israel Amyce Jn Drawater and Jn Holmes by their indenture tripartite bearing date the 20.7.33Eliz1 that now is made between the earl of Oxford of the first part the said Israel Amyce Jn Drawater and Jn Holmes of the second party and the said Roger Harlakenden of the third part for the consideration therein expressed have given and granted unto the said Roger Harlakenden as well all and every the timber woods underwoods bushes hedgerows trees then growing and being and which during the term of one and twenty years hereunder mentioned should be standing growing or being in and upon the said wood or wood grounds called Chalkney Wood alias Chalkenhey Wood as also all and every the wood then already felled within the said wood ground and therein then remaining and all and every the rails pales posts and spurres 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 spurres at all times and from time to time during the term of twenty one years hereunder written by all ways thereunto used or accustomed and where also the said earl Israel Amyce Jn Drawater and Jn Holmes for the said consideration have in and by the same indenture also devised granted and to farm letten unto the said Roger Harlakenden the said wood ground and the soil of the same wood and the herbage and pannage thereof to have hold and enjoy the said wood ground herbage pannage and other the premises with the appurtenances to the said Roger Harlakenden his executors administrators and assigns from the feast of st jas the apostle next ensuing the date of the said indenture unto the end and term of one and twenty years from then 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 as in and by the said indenture tripartite more at large among other things it doth and may appear now the said Roger Harlakenden both for and in consideration of the sum of 165li of lawful money of England to him in hand before the ensealing hereof by the said above named Wm Hampton well and truly paid whereof and wherewith the said Roger Harlakenden acknowledgeth himself fully satisfied and paid and thereof and of every part thereof clearly acquitteth and dischargeth the said Wm Hampton his executors and administrators and every of them by these presents hath given granted bargained sold aliened assigned and set over and by these doth give grant bargain sell alien assign and set over unto the said Wm Hampton as well the moiety and half part of all and every the said timber woods underwoods bushes hedgerows and trees now growing and being and which during the said term of one and twenty years shall be standing growing and being in and upon the said wood or wood ground called Chalkney Wood alias Chalkenhey Wood as also the moiety and half part of all and every the woods which were felled at or sithence the ensealing of the said indenture within the said wood ground and therein now remaining and the moiety and half part of all and every the said rails pales posts spurres in and about the said wood and free liberty power and lawful authority to and for the said Wm Hampton his executors administrators and assigns to hew fell cut down and carry away the moiety and half part of the said timbers woods trees underwoods bushes hedgerows pales posts rails spurres at all times and from time to time during the said term of one and twenty years by all ways thereunto used or accustomed and the said Roger Harlakenden for the said consideration hath bargained sold aliened assigned and set over and by these presents doth bargain sell alien assign and set over unto the said Wm Hampton the moiety and half part of the said woodground and of the soil of the same wood and of the herbage and pannage thereof and all and every his lease interest estate term of years and demand of in and to the said moiety and half part of the said wood ground and of and in the moiety or half part of the soil herbage and pannage thereof by force of the said indenture or otherwise by any other ways or means whatsoever to have hold and enjoy the said moiety and half part of the said wood ground and of the said herbage pannage and of other the premises with the appurtenances to the said Wm Hampton his executors administrators and assigns for and during all the term now to come unexpired of the said term of one and twenty years in as large and ample manner and form as the said Roger Harlakenden his executors administrators or as signs may might should or ought to do by virtue force or means of the said recited indenture or otherwise and the said Roger Harlakenden for himself his executors administrators and assigns and for every of them doth covenant promise and grant to and with the said Wm Hampton his executors and administrators in form following that is to say that he the said Roger Harlakenden his executors administrators and assigns and every of them shall and will from time to time and at all times hereafter during the said term of one and twenty years save or keep harmless the said Wm Hampton his executors administrators and assigns and the said moiety of the said wood timber trees underwoods pales rails and of the said wood ground herbage pannage and of all and every other the premises with the appurtenances and every part and parcel thereof of and from all and every former bargains sales gifts grants leases and all other charges troubles and incumbrances whatsoever by the said Roger Harlakenden had made committed or done before the ensealing and delivery of these presents except a sale to Clem Stonard for one felling of the woods underwoods and trees standing growing and being in and upon 20a parcel of the said wood ground with liberty during two years from the date hereof to fell and carry away the wood growing upon the said 20a and also except seven and thirty hundred of hop poles parcel of the wood at the ensealing and delivery of the said indenture then already remaining felled within the said wood ground bargained and sold by the said Roger Harlakenden to one Math Everode for the sum of 18li10s and the said Roger Harlakenden also covenanteth granteth by these presents for himself his heirs executors and administrators to and with the said Wm Hampton his executors and assigns that he the said Roger Harlakenden his executors and administrators shall and will do his and their best endeavour to levy obtain and recover of the aforesaid Math Everode the said sum of 18li10s and every part thereof and that upon the levying receipt and recovery of the said sum of 18li10s or of any part thereof the said Roger Harlakenden his executors or administrators shall and will at the reasonable request after such recovery or receipt pay or cause to be paid to the said Wm Hampton his executors or assigns the moiety of such sum and sums of money as so shall be recovered or had without fraud or coven and also the said Roger Harlakenden for himself his heirs executors and administrators and for every of them doth fur ther covenant promise and grant to and with the said Wm Hampton his executors and assigns that he the said Wm Hampton his executors and assigns shall or may peaceably and quietly fell cut down carry away take have hold occupy possess and enjoy to his and their own use the moiety and half part of all and every the said timber trees woods underwoods herbage pawnage rails posts and other the premises without any manner let trouble or interruption of the said Roger Harlakenden his executors administrators or assigns or of any person or persons by their or any of their means consent or procurement except before excepted and also the said Roger Harlakenden doth covenant promise and grant for himself his heirs executors and administrators to and with the said Wm Hampton his executors and assigns that for the maintenance and defence of the right interest and title hereby granted to the said Wm Hampton he the said Roger Harlakenden his executors and administrators shall and will at all and every time and times hereafter bring show and leave in such court and courts of record as the said Wm Hampton his executors or administrators shall require the said indenture tripartite and that the said Roger Harlakenden his executors administrators shall at all times hereafter upon the request of the said Wm Hampton his executors and assigns and at the equal costs and charges of the said Roger Harlakenden and Wm Hampton their executors and assigns sue and implead the said earl Israel Amyce Jn Drawater and Jn Holmes and every of them their heirs executors administrators and assigns or any of them from time to time upon breach or not performance of any the covenants grants or articles mentioned or specified in the said indenture tripartite on the part of the said earl Israel Amyce Jn Drawater and Jn Holmes or any of them their or any of their assigns executors or administrators to be performed and to his and their best power endeavour to gain judgement and execution in every and any such suit and suits and shall also satisfy and pay to the said Wm Hampton his executors or assigns the moiety and half part of such money benefit and commodity as shall be had or gotten by force of any such suit plea judgement or execution and that he the said Roger Harlakenden his executors nor administrators shall not in anywise release acquit discharge nor compound for the said covenant grants and articles or any of them without the consent of the said Wm Hampton his executors or administrators and the said Wm Hampton covenanteth and granteth by these presents for himself his executors administrators and assigns and for every of them to and with the said Roger Harlakenden his heirs executors and administrators that he the said Wm Hampton his executors and administrators shall and will bear and pay the moiety and half part of all and every the fencing which is to be had made or done on the part of the said Roger Harlakenden his executors and administrators by force of the said indenture tripartite and the moiety of all charges and expenses which shall necessarily be paid born or disbursed by reason or occasion commenced or to be commenced for and touching the said seven and thirty hundred of hop poles or the recovery of the sum of 18li10s or any part thereof and it is also agreed between the said parties and the sa id Roger Harlakenden doth covenant promise and grant for himself his heirs executors and administrators and for every of them to and with the said Wm Hampton his executors and assigns that he the said Roger Harlakenden his executors and administrators shall and will at the request of the said Wm Hampton his executors and assigns join with the said Wm Hampton his executors and assigns in the procuring of such further grants and assurance of the premises from the queen's majesty or any other or others as by the said Wm Hampton his executor or assign or his or their counsel learned shall be reasonably devised and required and shall bear and pay the one moiety the charge of such assurance so to be had and procured and that he the said Roger Harlakenden his executors or administrators shall not without the consent of the said Wm Hampton his executors or assigns purchase from the queen's majesty or any other person or persons any other or further estate or interest of or in the premises or any part thereof to the premises of the estate or interest hereby granted and in like manner the said Wm Hampton covenants promise and grants for himself his executors and administrators and for every of them to and with the said Roger Harlakenden his executors and administrators that he the said Wm Hampton his executors and administrators shall and will at the request of the said Roger Harlakenden his executors and assigns join with the said Roger Harlakenden his executors and assigns in the procuring of such further grant and assurance of the premises from the queen's majesty or any other as by the said Roger Harlakenden his executors or assigns or his or their counsel learned shall be reasonably devised or required and shall bear and pay the one moiety of the charge of such assurance so to be had and procured and that he the said Wm Hampton his executors or administrators shall not without the consent of the said Roger Harlakenden his executors or assigns purchase from the queen's majesty or any other person or persons any other or further estate or interest of or in the premises or any part thereof to the prejudice of the estate or interest hereby granted in witness whereof the said parties to these present indentures interchangeably have set their hands and seals given the day and year first above written by me Roger Harlakenden sealed and delivered in the presence of us Wm Dodd Laurance# Wilson Thos Harrison Mich Abrames#