Freehold Titles (ERO D/DHtT73/33 Xoph Purple to Wm Harlakenden etc Brickill farm)

5.11.1634 (Wednesday 5 November 1634)

document 25300005

this indenture made the 5.11.1634 between Xoph Purple the elder of Wethersfield in the county of Essex gentleman on the first part and Wm Harlakenden of Alberry in the county of Hertford gentleman and Smithee his wife on the second part and sir Jn Jacob of London knight on the third part whereas Thos Harlakenden of Earls Colne in the said county of Essex gentleman father of the said Wm Harlakenden did in and by one indenture bearing date 29.4.8Chas1 did amongst other things grant assign and set over to dame Mary Stanley widow since deceased and to the said Xoph Purple their executors and assigns all and all manner of tithes which should arise renew or grow or become due of in upon or for one messuage or tenement called the Brickill or Kendals Farm and of in and upon and for the orchards gardens and hereditaments thereunto belonging and of in upon and for all lands meadows pastures trees woods and hereditaments used with the said messuage or tenement or reputed as parcel thereof which said messuage lands and tenements then were and yet are in the tenure and occupation of Nich Kendal brickmaker or his assigns and the tithes which should arise or grow due of in upon and for one rood of ground lately planted with hops and then planted with osiers all which said messuage lands and premises situate in the late disparked park or ground called Colne Park and contained by estimation one hundred and three score acres more or less to have and to hold the said tithes to the said dame Mary Stanley and Xoph Purple their executors and assigns for the term of forty years from the feast of saint michael the archangel .9.5Chas1 fully to be complete and ended upon trust and confidence that the said dame Mary Stanley and Xoph Purple their executors and assigns should permit the said Wm Harlakenden and Smithee his said wife and the heirs of their two bodies and for default of such issue the heirs and assigns of the said Wm Harlakenden to take and receive the said tithes to their own use as by the said indenture reference thereunto being had more at large appeareth the sole estate and interest of and unto the said tithes did wholly come to the said Xoph Purple by from and after the decease of the said dame Mary Stanley by right of survivorship which said tithes among other things were demised released and granted to the said Thos Harlakenden by Rich Harlakenden deceased in and by one indenture bearing date 31.12.5Chas1 for forty years on the said feast of saint michael in the said fifth year fully to be end ed as said by the said last recited indenture more at large appeareth now this indenture witnesseth that the said Xoph Purple for and in consideration of 6li six full pounds of good and lawful english money to the said Wm Harlakenden in hand paid before the ensealing and delivery of these presents by the said sir Jn Jacob the receipt whereof the said Wm Harlakenden doth acknowledge by these presents and at the special appointment and nomination and by the assent and agreement of the said Wm Harlakenden and Smithee his said wife hath assigned and set over and by these presents doth assign and set over to the said sir Jn Jacob his executors and assigns the said tithes which hereafter shall grow or become due in upon and for the said premises and every part thereof and all his estate right interest and demand of in and unto the same to have and to hold the said tithes to the said sir Jn Jacob his executors and assigns from the said feast of saint michael in the said .9.5Chas1 for the term of forty years fully to be completed and ended to the sole and proper use of the said sir Jn Jacob his executors and assigns and the said Wm Harlakenden doth for himself his heirs executors and administrators covenant promise and grant to and with the said sir Jn Jacob his executors and assigns by these presents that the said sir Jn Jacob his executors and assigns shall and may peaceably and quietly have hold and enjoy the said tithes for and during the said term of forty years promised at the feast of saint michael .9.5Chas1 fully to be complete and ended without and lawful let suit trouble challenge claim or interruption of from or by the said Wm Harlakenden and Smithee his said wife and the said Thos Harlakenden or either of them and of from or by any person or persons lawfully claiming any interest or estate both in and unto the same from under or by the said Wm Harlakenden and Smithee his said wife and Thos Harlakenden or either of them or by their or either of their consent means or procuring in witness whereof the parties above named to these present indenture interchangeably have set their hands and seals the day and year above written Xoph Purple Wm Harlakenden Smithee Harlakenden