Indenture between John Lyly and Edward Huberd, 1584

PRO C54/1275, m. __ (10 May 1584)

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Temporary citation, from Feuillerat, pp. 540-5

This Indenture made the tenthe daye of maye in the nyne and twentith yere of the raigne of our Soueraigne ladye Elizabeth by the grace of God of England ffraunce and Ireland Quene defendor of the fayth &c. Betwene Iohn Lylley of London gentleman seruaunte to the righte honorable Earle of Oxenford on the one partie and Edward huberd of Byrchanger in the Countie of Essex Esquier and Iane his wyfe on the other parte. Witnesseth that whereas the said Earle of Oxenford by his Indenture bearinge date of the seconde day of marche in the two and twentith yere of the raigne of the Quenes Maiestie that nowe is dyd bargayne sell geve and graunte vnto the said Edward huberd and Iane his wyfe and to the heires and assignes of the said Edward huberd the mannor of Bentfeylde Burye and the Burye Lodge wyth all and singuler theyr appertenaunces scituate and beynge in the parryshe of Stansted mountfichett or elleswhere in the County of Essex aforesaid together with all groundes landes tenementes meadowes pastures feadinges mores maryshes wooddes vnderwooddes comons rentes reuercions remainders seruices Courtes leetes viewes of francke pledge mariages releises eseheetes forfeytures wastes estrayes heriottes fynes amerciamentes sutes seruices of tenantes aswell freeholders as copieholders the gooddes of fellons and fugytyues wastes Chappelles liberties aduousions priuyledges waters waye fyshinges commodyties and heredytamentes with their appertenaunces whatsoeuer to the said mannor and other the premysses in anye wyse belonginge or apperteynynge and all that grove of woodd and wood ground with the soyle thereof called the Conninerye with thappertenaunces then in the occupacion of Richard Clerke by Copie of Courte roll sett lying and beynge in the paryshe of Stansted mountfichett in the said Countye of Essex and all the estate righte intereste vse clayme and demaunde whatsoeuer which the said Earle then had or at anye tyme after the same myghte shoulde or of righte oughte to have of in or to the said mannor and all and singuler other the premysses together with all chartres writinges deedes evidences escriptes Courte rolles rentalles terrors and mynumentes touching and concernyng onlye the saide Mannoure and other the premysses To have and to holde all the saide premysses with theire appurtenaunces vnto the saide Edward huberd and Iane his wyffe and to the heyres and assignes of the saide Edward forever to the onlye and proper vse and behoofe of the saide Edward and Iane his wyffe and of the Heyres and assignes of the saide Edward huberd forever yelding and paying for the premysses yerelye vnto the saide Erle his heyses and assignes the yerelye rente of thirtie poundes thirtene shillinges and fower pence [=30-13-4] of lawfull money of Englande att the ffeastes of Thannunciacion of our ladye the virgen St Marye and of St Michaell Tharchaungell by equall porcions as by the same Indenture more fullye and att lardge ytt dothe and maye appeare And whereas alsoe the saide Earle by his Indenture bering date the foure and twentith daye of Nouember in the seaven and twentith yere of the Quenes maiesties raigne that nowe is [=24 November 1584] dyd gyve graunte bargaine sell and confirme vnto the saide Iohn Lyllye his heyres and assignes the saide yerelye rente of thirtie poundes thirtene shillinges and foure pence and all the estate righte title interest clayme and demaunde whatsoever which the saide Earle had or he his heyres or assignes att anye tyme after might should or of righte oughte to have of in or to the saide rente and everie parte thereof together with the saide Indenture and all and everie other dedes evydences chartres mynumentes and writinges concernyng the saide yerelye rente of thirtie poundes thirtene shillinges and fower pence and everye parte thereof with thappurtenaunces to the saide Iohn Lylley his heyres and assignes forever to be had and receaved in manner and forme as in the saide fyrste recyted Indenture is expressed with dyvers other wordes covenauntes grauntes and agrementes for the further assuraunce and suer making of the saide rente vnto the saide Iohn Lylley his heyres and assignes as by the saide Indenture made vnto the saide Iohn Lylley more att lardge it maye appeare Nowe the saide Iohn Lylley for and in consideracion of the somme of two hundred and fyftie poundes of lawfull money of England well and trulie beforehande contented and payed by the saide Edward huberd vnto the saide Iohn Lylley and for dyuerse other good causes and consideracions hym thereunto especiallye moving hathe gyven graunted bargayned solde confirmed and released vnto the saide Edward huberd and Iane his wyffe and to the heyres of the saide Edward and by theise presentes dothe fullye clerelye and absolutelye gyve graunte bargayne sell confirme and release vnto the saide Edward and Iane his wyffe and vnto the heyres of the saide Edward forever all that the saide yerelye rente of thirtie poundes thirtene shillinges and fower pence of lawfull money of England and all the estate righte title interest vse clayme and demaunde whatsoever which he the saide Iohn Lilley hath or that he his heyres or assignes att anye tyme hereafter maye mighte shoulde or of righte oughte to have of in or to the saide rente and everie parte thereof together with the saide Indenture soe made vnto hym by the saide Earle of the saide rente and all and everie other dedes evydences chartres mynumentes and wrytinges concernyng the saide yerelye rente or anye parte thereof To have holde perceyve receyve and enioye the saide yerelye rente of thirtie poundes thirtene shillinges and fower pence and everie parte thereof with thappurtenaunces to the saide Edward Huberd and Iane his wyffe and to the heyres and assignes of the saide Edward to the vse of the saide Edward and Iane and the heyres of the saide Edward forever And the saide Iohn Lylley for hym selfe his heyres executors and admynystrators and everie of them seuerallye covenaunteth promyseth and graunteth to and with the saide Edward huberd his heyres and assignes and everie of them by theise presentes that he the saide Iohn Lylley att the daye and tyme of the sealing and delyverie of theise presentes is rightfullye seased of a true lawfull and perfecte estate of inheritaunce in fee symple absolute without condicion of and in the saide rente of thirtie poundes thirtene shillinges and fower pence and of everie parte thereof And that he hathe full power to gyve graunte bargayne sell confirme and release the same rente and everie parte thereof vnto the saide Edward huberd and his heyres in manner and forme aforesaide according to the true entente and meanyng of this present Indenture And that the saide yerelye rente is in being and contynuaunce att the sealing and delyverie of theise presentes and that the saide Iohn Lylley or his assignes shall and will att thensealing of theise presentes delyver or cause to be delyuered to the saide Edward huberd or his assignes the saide Indentures concernyng the saide rente and all other dedes chartres evydences mynymentes and wrytinges which he the saide Iohn Lylley hathe or maye have or come by without suite in lawe and doe concerne the saide yerelye rente And further that it shall or maye be lawfall to and for the saide Edward huberd his heyres and assignes for ever to have holde receyve reteyne and enioye the saide yerelye rente and everie parte thereof without anye lawfull lett disturbaunce eviction denyall or interrupcion of the saide Iohn Lylley his heyres or assignes or of anye other person or persons clayming from by or vnder his or theire or anye of theire meanes title or procurement and dychardged or saved harmeles of and from all and everie other bargaynes sales gyftes grauntes chardges claymes demaundes and encombraunces whatsoever had made or done or to be hadd made or done by the saide Iohn Lylley his heyres or assignes or by anye other person or persons by the meanes consent title or procurement of the saide Iohn Lylley his heires or assignes And alsoe that he the saide Iohn Lylley his heyres and assignes and all and everie other person and persons anye thing rightfullye having or lawfullye claymyng to have of and in the saide rente or anye parte thereof shall and will att all and everie tyme and tymes during two yeres next commyng after the date of theise presentes doe suffer or cause to be done and suffered all and everie suche further acte and actes thing and thinges as shalbe reasonablye devysed or advysed by the saide Edward his heyres and assignes or by his or theire learned Councell in the lawe for the assuraunce and suer making of the saide yerelye rente or for the clere determyning and extinguishing of the same rente vnto the saide Edward Huberd and his wyffe and to the heyres and assignes of the saide Edward forever. Be it by fyne dede or dedes inrolled, inrollement of theise presentes or otherwyse att the costes and chardges in the lawe of the saide Edward his heyres and assignes.

In wytnes whereof the parties aforesaid to theise Indentures have enterchaungeablye putte theire Seales the daye and yere first above written.

Et memorandum quod vicesimo die Maij Anno suprascripto prefatus Iohannes Lylley generosus venit coram dicta domina Regina in Cancellaria sua et recognouit Indenturam predictam ac omnia et singula in eadem contenta et specificata in forma supradicta. (Record Office, Close Rolls, 29 Eliz., p. 24.)

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