Indenture with Tenants of Oxford, 1585

PRO SP12/176, ff. 134-8 (2 February 1585)

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Transcriber's note: This is an extremely lengthy and redundant document, involving some sixteen individuals making an indenture with Oxford. Although the details regarding each individual are unique in some respects, the same language is often applied to each of the sixteen. Rather than list all sixteen names each time they occur, I have inserted the word NAMES in boldface, giving the full list immediately below. When the same language is applied sixteen times in a row to each of the "names," I have transcribed only the first instance, and indicated that the same basic language is applied to the rest of the sixteen.

NAMES: Richard Samme, Iohn Butcher, William Butcher, Robert Spillman, Edmond Harrington, Robert Grene, Iohn Butcher, Ieffrey Sydaye, Mathewe Kempe, Rowland Bridge, Iohn ffinche, Mathewe Aliston, Thomas Bedlowe, Thomas Christmas, Christopher Robinson, and Richard Sedge

DRAFT ONLY - NOT FOR CITATION

[f. 134] This indenture made the second daie of februarie in the yeare of the Reigne of our soveraigne Lady Elizabeth by the grace of God of England, ffraunce and Ireland Queene defender of the faith &c the seven and twenteth [=2 February 1585] Betwene

the Right honorable Edward de Veer Earle of Oxon Lord great Chamberlaine of England vicounte of Bulbecke Lord of Badlesmere and Escales on the one partye

And NAMES copiehoulders to the said Earle as of his Mannour of Graies in Hedingham Sible within the Countie of Essex of thother partie

Witnesseth that

whereas the said Richard Samme holdeth to him and his heires of the said Earle by Copie of Court Roll as of the saide Mannor of Graies in Hedingham Sible aforesaid One Customarye messuage or ten{amen}t and eight and twentye acres of lande meadowe and pasture more or lesse nowe or late in the tenure or occupacion of the said Richard Samme or of his assignes yeldinge and payinge the auncient and accustomed Rent of sixtene shillinges payable yearlye at the feastes of the Annunciation of our Ladie and St Michaell tharkhangel by even and equall porcions

And whereas the said ...

Iohn Butcher; two acres and a half of customarie lande meadowe and pasture; sixtene pence

William Butcher; [[one]] Customary Messuage or tenement and two and twenty acres and a half of lande meadowe and pasture more or lesse; fourtene shillinges

Robert Spillman; foure and twenty acres of lande meadowe and pasture more or lesse; Nyne shillinges

Edmond Harrington; sixe and thirtie acres of Customarie lande meadowe and pasture more or lesse; twentye shillinges and two pence

Robert Grene; One customarie messuage or ten{amen}t and nine acres of lande meadowe and pasture more or lesse; sixe shillinges and eight pence

Iohn Butcher; fyve acres of Customarie lande and pasture more or lesse; two shillinges and eight pence

Ieffrey Sydaie; thirtene acres of Customarie lande and Marshe more or lesse one acre of land wherof | [f. 134v] the one head abbuteth vppon the land of the Lord called Croydner and another head therof abbuth vpon the Quenes Highe waie leadinge towardes holland and twelve acres of land and Marshe called Esselfen lyinge betwene the land of the Lord called the two chalke Cryftes and a certaine peece of Meadowe late of Will{ia}m Culbye towardes the northe and the land called Hernehall and a certaine Croft of land late of Edward Devenaunt deceassed towardes the south; tenne shillinges

Mathewe Kempe; one Customarye messuage or ten{amen}t and one acre and a halfe of lande and pasture more or lesse; thre shillinges and fower pence

Rowland Bridge; one customarie messuage or ten{amen}t and one acre of lande and pasture moore or lesse; twelve pence

Iohn ffinche; one Customarie messuage or ten{amen}t and fower acres of lande and pasture more or lesse; fyve shillinges

Mathewe Aliston; three acres of Customarie lande and pasture more or lesse; fower shillinges and fower pence

Thomas Bedlowe; one customarie messuage or ten{amen}t and one acre of lande and pasture more or lesse; fourtene pence

Thomas Christmas; sixe acres of Customarie land and pasture moore or lesse; sixe shillinges and eight pence

Christopher Robinson; thirtene acres of lande meadowe and pasture moore or lesse; seventene shillinges and fower pence

[f. 135]

Richard Sedge; one acre and a half of lande and pasture moore or lesse; two shillinges shillinges

And whereas also there hath bene some question controversie and debate moved betwixt the said Earle and the said Copyholders and Customarie tenauntes nowe parties to these presents as well for and about dyversse privilidges customes and fiefdomes claimed and challenged by the said Copiehoulders to be aunciently and time whereof the memorie of man is not to the contrarie incident belonginge and appertaininge to their said Customarie mesuages landes and Rentes that is to weete

ffirst that the said messuages tenementes landes and other the premissses haue time out of minde bene demised and demiseable by Copie of Courte Roll and that vpon euerie admittance made or to be made of anie tenaunte or Tenauntes to the premisses the fine hath bene certeine and not arbitrable at the will of the Lord

And that the said Customarie tenaunts of the said premisses have vsed tyme out of mynde by the auncient Custome of the saide Mannor to fell and cutt downe anie the trees woods and vnderwoodes growinge vpon the said premisses without anie forfeiture and alsoe have vsed to make leases of their said Customarie landes and tentementes, or anie parte or parcell therof likewyse without anie forfeiture

And nowe aswell for the appeareinge and p_______raisinge of all suites controversies and debates heretofore moved as also for the avoiding of all such further questionable suites and troubles that may hereafter be moved attempted or commensed for about or by reason of the same and for the moore and better securitie herein to be had to the said Copiehoulders and Customarie Tenaunts nowe parties to these presidentes and to their heires & assignes of and in the premisses and for the better vpholdinge strengtheninge and mainteininge of the seuerall estates and interestes of their said Cooppiehouldes & Customarie esstates of in and to the said premisses and of in and to all & euerie parte & parcell of the same

And to thende the same may hearafter contynewe vnto the saide Coppihoulders and Customarie Tennaunes, their heires & assignes with moore quietnes and lesse daunger of fforfeiture

Yt is nowe fullye agreed betwixte the said parties in and by these presentes

And the said Earle doth for him his heires executors and administrators covenaunt and graunte to and with the said Coppinoulders and Customarie Tenauntes and to and with euerie of them ioyntly and seuerallie in and by these presents in manner & forme followinge, that is to weete

That the said Coppihoulders and Customarie Tenaunts and euerie of them and the heires and assignes of euerie of them shall from henceforth quietlie have houlde and enioye the said Customarie messuages landes and tenementes to them their heires & assignes accordinge to their seuerall estates and interestes for evermoore without anie forfeiture Claime title or Challenge to be hearafter made therevnto by the said Earle or his heires other then for the accustomed and vsuall Rentes and fealties and suites of Courte hearafter to be due and payde for the same in manner & forme hearafter mencioned and other the forfeitures hearafter mencioned

ffirst that the saide Coppihoulders & Customarie Tenauntes nowe parties to these presentes and euerie of them and euerie of their heires and assignes shall seuerallie paye their sayd seuerall auncient and Customarie Rentes to the said Earle his heires and assignes Lorde of the Mannor of Graies for the time beinge at the feastes of thannunciacion of our Ladie and St Michaell tharkangel by even and equall porcions beinge lawfullie demaunded & fealtie and suite of Courte for all manner of services

And that the said Coppihoulders and Customarie Tenementes their heires and assignes and euerie of them shall hearafter duelie paye vpon the Admittaunce or the Admittaunces after the death or alienacion of anie Tenantes of the said premisses or of anie parte or parcell therof one penye for a ffine or a lesser Some and to the steward of the Courte for the time beinge for the making & inrollinge of euerie Coppie vpon euerie suche admittaunce or admittaunces two shillinges

And yt is further covenanted granted and agreed betwixte the said parties to and by these presentes that neither the said NAMES nor yett anie of their heires or assignes nor anie of them shalbe at anie [+time] hearafter impeached by the said Earle his heires or assignes for anie manner waste alreadie commytted or to be committed in and vpon the said Coppiehould and Customarie messuages landes and tenementes and other the premisses or anie thappurtenaunces therevnto belonginge

And that neither he the said Earle his heires or assignes nor anie other person or persons | [f. 135v] Lawfullie claiminge in from by or vnder thestate of the said Earle shall fell Cutt downe or meddle with anie wood vnderwood or trees nowe growinge or which hereafter shall growe in or vpon anie the said Coppihould messuages landes tenementes and other the said Customarie premisses or in or vpon anie parte or parcell therof or shall hereafter have or challenge by anie accion suite or otherwise anie other interest profitt title or commoditie out of in or to the said premisses but the said yearlie and accustomed Rentes and one penny or a lesser Some onelie for a ffine and sute of Courte to be paied and due vpon euerie admittance and admittances as aforesaid or two pence for a ffine for the said suite of Courte in default of anie appearance at anie of the said Courtes and the benifite of Escheatte if anie of the said Coppihoulders or Customarie Tenantes or their heires or assignes fortune to die without heire or to be attainted of ffelony or Treason whereby a corrupcion of bloode shall growe betwixt the person so to be attainted and his heire And forfeiture for alienacion [?] of soe muche of the said Coppihould landes and tenementes and other the said Customarie Customarie premisses as shalbe aliened and the freehould therof lawfullie and Rightfully transferred into anie other person by suche alienacion

And alsoe it is likewise agreed in and by these presentes

That it shall and may by lawfull to and for the said Coppihoulders and Customarie Tenantes and euerie of their heirs and assignes to demise by Lease for yeares or otherwise to transpose and imploy those their Customarie landes tenementes houses buildinges & other the premisses or anie parte or parcell of them accordinge to the true meaninge of these presents

As alsoe to take fell and imploye all manner of trees woodes vnderwoodes and tymber with all other commodities and proffitts in and vpon the said seuerall premisses nowe or hearafter growinge to their owne seuerall vse & vses or to the vse and vses of their assignes whomsoeuer without anie forfeiture lett denyall contradiccion trouble or inconvenience to be done or willingly suffered to be done to the contrary therof by the said Earle his heires or Assignes

Neither shall he the said Earle his heires or assignes compell or inforce the said Coppihoulders and Customarie Tenantes of the said premisses their heires or assignes or anie of them hearafter to be admitted to anie of the said customarie messuages landes and tenementes or anie parte or parcell therof for to paye anie greater ffine vpon the death or alienacion of anie of the said Coppihould Tenantes or vpon the admittance of anie newe tenant as is aforesaide then onely one pennye or a lesser some as is aforesaid or for to doe and paye anie other Rentes suites & services then are before rehearsed

And it is alsoe fully agreed betwixte the said parties in and by these presentes that he the said Earle his heires and assignes shall from tyme to time paye all Rentes services & other duties yssuinge and goinge out of the said Coppyhoulde and Customarie messuages landes and tenementes and other the premisses to the chiefe Lord or Lordes of the ffee of whome the same premisses may be houlden or otherwise to save harmeles them their heirs & assignes therof

And if yt shall happen the saide Coppieholders and Customarie Tenantes or anie of them or theires [=the heires] or assigned of them or anie of them to be lawfullie distreined for anie Rent or other profitt yssuinge out of the said Coppihould & customarie premisses wherwith or wherby the said premisses or anie parte or parcell therof, shalbe lawfullye charged

that then and soe often yt shall and may be lawfull to and for euerye suche Tenante & Tenantes their heires and assignes and for euerie of them to deteyne defalke and abate out of his or their yerelye Rent which is to be paied as is aforesaide soe muche of the said yerely Rent as he or they shalbe lawfullye distreined or otherwise compelled for to paye contrary to the true meaninge of the said Covenant in that behalfe made as is aforesaide

And the said Earle dothe likewise for him his heires executors & administrators covenante and graunte to and with the saide Copihoulders and Customarie tenantes their heires and assignes and to and with euerie of them ioyntly and seuerally in and by these presentes and to and with the heires and assignes of them and euerie of them

That yf the said NAMES or anie of them or their or anie of their heires or assignes shall at anie time hearafter be lawfully evicted or expulsed out of or from their said Customarie estates by anie lawfull title or estate derived from the said Earle his heires or assignes or by anie other person or persons havinge or lawfullie clamynge to haue anie lawfull right title estate profitt or interest of in or to the said landes and tenemtes with thappertanances or anie parte or parcell therof by from or vnder the said Earle his heirs or assignes or if they or anie of them shall at anie tyme hearafter be lawfullye expulsed or Removed of and from the quiett and peaceable possession and occupacion therof or of anie parte or parcell thereof

Or yf the same may not | [f. 136] or shall not be enioyed accordinge to their seuerall estates before mencioned

That then he the said Earle his heirs and assignes and all and euerie other person or persons and their heirs and assignes nowe or hereafter havinge anie estate or interest in possession or Reuercion or Remaynder of into or out of the premisses or anie parte or parcell therof shall stand and be seised of all the said premisses and of euerie parte and parcell in manner and forme followinge that is to saie

Of the said Customarie messuage or tentmente and eight and twentye acres of land meadowe and pasture nowe or late in the tenure and possession of the said Richard Samme or his assignes and of all manner of proffittes and commodities therevnto belonging or commonly vsed with the same to the vse of the said Richard Samme his executors and assignes for the terme of two thousand yeres thence next ensuinge fully to be complete and ended, without anie impeachment of waste by the yearlie Rent of one penny to be payd at the feaste of Saint Michael tharkangell being lawfully demanded And after the said yeares ended, then to the vse of the said Earle his heirs and assignes for ever

And of the said B nowe or late in the tenure and possession of the said A his heires or assignes and of all manner of proffittes and commodities therevnto belonging or commonly vsed with the same to the vse of the said A his executors and assignes for the terme of two thousand yeres thence next ensuinge fully to be complete and ended, without thimpeachment of waste by the yearlie Rent of one penny to be payd at the feaste of Saint Michael tharkangell being lawfully demanded And after the said yeares ended, then to the vse of the said Earle his heires and assignes for ever

DITTO FOR EACH MAN

Also it is further agreed covenanted and granted betwixt all the said parties in and by these presentes that if the saide Coppiehoulders and Customary Tennants in and of them or their or anie of their heirs or assignes shalbe at anie time hereafter disposed to hould the said Customarie and Copyhoulde landes tenementes or lease for term of yeares then it is fullye agreed ^\\____// betwixt the said parties

[_____]

That if the said Richard Samme his heirs or assignes shall satifye and paye or offer and tender to the said Earle his heirs or assignes the some of fyve shillings of lawfull money of England that then and from after such payment or offer and tender of payment of the said some [=sum] of five shillinges to the said Earle his heirs and assignes in manner and forme as is aforesaid that then and from thenceforth the said Earle his heirs and assignes and all and euerie other person and persons and their heirs and assignes shall from thenceforthe stand and be seised of the said Customarie messuages tenementes and landes and other the premisses nowe or late in the tenure or occupacion of the said Richard Samme or of his assignes, to the vse of the saide Richard Samme his executors and assignes for the terme of one Thousand yeres from the daye of suche paymente or offer of paymente to be accompted fully to be complett and ended Neuertheles payinge the said yerely Rent of sixtene shillings at the daies and times before lymitted and appointed

And if the said ...

DITTO FOR EACH MAN

[f. 138v mid-page]

And for the better suertie and sure makinge of the said Copiehould and Customarie Messuages landes and tenementes vnto the said Coppiehoulders & Customarie Tennants their heirs & assignes accordinge to their seuerall estates and interestes mencioned and declared in these presentes

And to thend that the said messuages landes and tenementes may contynew remaine and be vnto the said Coppihoulders and Customarie Tennantes their heirs & assignes accordinge to the seuerall estates and limitacions before in these presentes lymitted expressed or intended

Yt is alsoe agreed that a ffine with proclamacion and a Recouerie with double or single voucher shalbe acknowledged levied and suffred in dewe forme of lawe by the said Earle of all the said messuages tenementes and landes which fine and Recouerie soe to be acknowledged levied and suffred shalbe and the Comisees [4 minims for "m"] and their heires from and after the ingrossinge therof and the said Recouerers and their heires after iudgmente and excecucion thervpon had shall stand and be seised of all the said messuages landes tenementes and other the premisses to the seuerall vses purposes intentes limitacions and alteracions before in these presentes mencioned declared or intended and to noe other vse or vses intent or purpose

In witnes wherof to these presentes the parties aboue named interchangeablye haue sett their handes and seales the daie and yeare first aboue written

(registered copy; ergo no actual seals or signatures)

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