Freehold Titles (ERO D/DHtT73/31 Rich Harlakenden to Jn Jacob Kemborne Meadow etc)

9.12.1631 (Sunday 9 December 1631)

document 25100005

this indenture made the 9.12.1631 between Rich Harlakenden of Earls Colne esq on the one part and Jn Jacob of Stanstead Hall in the parish of Halstead esq on the other part witnesseth that it is covenanted condescended and agreed by and between the said parties to these presents and the said Rich Harlakenden doth for himself his heirs executors and administrators covenant and grant to and with the said Jn Jacob his heirs and assigns by these presents that he the said Rich Harlakenden or his heirs shall before the end of hilary term next ensuing the date of these presents in due form of law levy one fine sur cognisance de droit come ceo que il ad de son done with proclamations according to the statute in the case provided in the kings majestys court of common pleas to the said Jn Jacob and his heirs of and in all that meadow called Kembourne Meadow with appurtenances containing by estimation fourteen acres more or less now in the possession of the said Jn Jacob and situate lying and being in Earls Colne aforesaid and of in all and all manner of tithes arising renewing and growing or that shall arise and grow in or upon the said meadow and which are due to the said Rich Harlakenden and of and in respect of the parsonage or vicarage of Earls Colne aforesaid or otherwise by such name or names as by the said Jn Jacob his heirs or assigns or his or any other learned counsel in the law shall be reasonably advised and required of the only costs and charges in law of the said Jn Jacob his heirs and assigns with a warranty against the said Rich Harlakenden his heirs and assigns which said fine shall be to the only use and behoof of the said Jn Jacob his heirs and assigns forever and the said Rich Harlakenden doth further for himself his heirs executors administrators covenant promise and grant to and with the said Jn Jacob his heirs and assigns by the said presents that the said Rich Harlakenden his heirs and assigns shall before the feast of easter next ensuing the date of these presents well and truly deliver and cause to be delivered unto the said Jn Jacob his heirs and assigns all and all manner of deeds evidences charters writings and muniments touching and concerning the said meadow called Kembourne Meadow and premises only which the said Rich Harlakenden hath in his custody or possession or may come by without suit in law and shall copy all other deeds evidences charters and writings that do concern the said meadow and premises together with other lands and tenements to be copied out at the cost and charges of the said Jn Jacob his heirs and assigns the said Rich Harlakenden for himself his heirs executors administrators doth further covenant and grant to and with the said Jn Jacob his heirs and assigns that the said meadow with appurtenances and the said tithes now are and so from time to time shall be remain and continue unto the said Jn Jacob his heirs and assigns forever free and clear and freely and clearly exonerated acquitted and discharged or by the said Rich Harlakenden his heirs and assigns upon reasonable request shall well and sufficiently be saved and kept harmless of and from all and all manner of former bargains sales gifts grants leases statutes recognizances uses rents charge rents seck annuities judgements and executions jointures dowers entails and of and from all and all manner of other charges and titles troubles and incumbrances whatsoever had made committed and done by the said Rich Harlakenden or by Rich Harlakenden late of Earls Colne aforesaid esq deceased father of the said Rich Harlakenden or by Roger Harlakenden late of Earls Colne esq deceased grandfather of the said Rich Harlakenden or by any of them or from or by any other person or persons anything lawfully claiming the same from by or unto them or any of them the rents and services due to the chief lords of the fee the premises only excepted and the said Rich Harlakenden doth for himself his heirs and assigns covenant promise and grant to and with the said Jn Jacob his heirs and assigns by these presents that he the said Rich Harlakenden his heirs and assigns shall save and keep harmless and discharge the said Jn Jacob his heirs and assigns and the said meadow tithe and premises of all tenths due to be paid to the kings majesty his heirs and successors for the said meadow tithes and premises except the sum of 20d of good and lawful english money which it is agreed by the parties to these presents that the said Jn Jacob his heirs and assigns shall from henceforth pay or caused to be paid for the same to the kings majesty his heirs and successors and the said Rich Harlakenden doth further for himself his heirs executors and administrators covenant promise and grant to and with the said Jn Jacob his heirs and assigns by these presents that he the said Rich Harlakenden his heirs and assigns shall and will at all times hereafter and from time to time for and during the space of seven years next ensuing the date of these presents at and upon the reasonable request and at the cost and charges of the said Jn Jacob his heirs and assigns do make knowledge and execute or cause to be done acknowledged or executed all and every such further lawful act or acts devise and devises covenants and assurances in the law whatsoever with like warranty and covenant as aforesaid be it by deed or deeds enrolled or not enrolled enrolment of these presents feoffment recovery with single or double voucher release or confirmation and by all and every of the ways and means as aforesaid or any of them or otherwise for the further and better and more perfect assurance and conveying of the said meadow with the appurtenances and the said tithes unto the said Jn Jacob his heirs and assigns according to the true meaning of these presents as by the said Jn Jacob his heirs and assigns or by his or their learned council in the law shall be reasonably advised devised required so that the said Rich Harlakenden or his heirs for the performing thereof be not compelled to travel any further than the cities of London and Westminster and that all fines and feoffment recoveries and other covenants conveyances and assurances in the law whatsoever hereafter to be had made levied suffered or done by or between the said parties of the said meadow with appurtenances and of the said tithes in the execution of the same shall and shall be adjudged and taken and so it is declared by the parties to these presents that they shall be to the sole and only proper use of the said Jn Jacob his heirs and assigns absolutely and forever and no other use or uses intents or purposes in witness whereof the parties abovesaid to these present indentures have interchangeably set their hands and seals the day and year first above written Thos Harlakenden on the document itself (on the back memo that these words written interlined between the ninth and tenth lines were so interlined before the ensealing and delivery) Jn Joscelyne Roger Harlakenden Thos Lillie sir Jn Hayes