Freehold Titles (ERO D/DHtT73/35 Wm Harlakenden to Jn Jacob Brickkill farm)

5.11.10Chas1 1634 (Wednesday 5 November 1634)

document 25400005

this indenture made 5.11.10Chas1 1634 between Wm Harlakenden of Albury Herts gentleman and Smithee his wife Rich Harlakenden of Earls Colne esq and Thos Harlakenden of Earls Colne gentleman father of the said Wm Harlakenden on the one part and sir Jn Jacob of London knight on the other part witnesseth that it is condescended and agreed by and between the said parties and the said Wm Harlakenden Rich Harlakenden and Thos Harlakenden do for themselves their and either of their heirs executors and administrators covenant promise and grant to and with the said sir Jn Jacob his heirs and assigns that the said Wm Harlakenden and Smithee his said wife Rich Harlakenden and Thos Harlakenden on reasonable request to t hem made by the said sir Jn Jacob his heirs and assigns and at the only costs and charges in the law of the said sir Jn Jacob his heirs and assigns shall and will before the last day of february next ensuing the date of these presents levy one fine in due form of law sur cognisance de droit come ceo etc with proclamation according to the statute in that case made and provided (blank worn out) messuage or tenement with the appurtenances called the Brickkill or Kendal's Farm or by what other name or names the said messuage and tenement are called or known in the disparked park or ground commonly called Colne Park in Earls Colne aforesaid with all houses barns stables buildings gardens orchards and hereditaments to the said messuage or tenement (worn out) and taken as part and parcel of the same and of all those closes fields and parcels of ground hereafter mentioned and expressed that is to say of the one close of arable ground and (worn) called Little Westy containing by estimation 30a and of one close of arable ground called the Great Field containing by estimation 22a and of a close of pasture ground called the Hop Ground containing by estimation 5a and of a close of pasture ground called the Calves Pasture containing by estimation 4a and of one field called the Hoppet containing by estimation 4a and of one field or parcel of arable ground called the Barne Field containing by estimation 4a and of one close of pasture ground called the Home Field containing by estimation 8a and of one parcel of arable ground called Sandpit Field containing by estimation 11a more or less and of a parcel or close of pasture ground called Brickpitt Field containing by estimation 6a and of one close of pasture ground called Thistley Field or Thistle Field containing by estimation 8a more or less and of two closes of pasture ground lately converted into one called Alder Field containing by estimation 10a and one field or parcel of pasture ground called Middle Field containing by estimation 5a and of one field called Reyfield containing by estimation 6a and one parcel of ground called Garlepond Field containing by estimation 8a and of two closes of arable ground called the Little Horse Pasture and the Great Horse Pasture containing together by estimation 20a with their and either of there appurtenances and of all other lands pasture meadows and hereditaments with their appurtenances belonging to the said messuage or tenement or used with the same which now are or late were in the tenure and occupation of Nich Kendall brickmaker or his assigns and of 1r of ground more or less lately planted with hops an now planted with osiers in the tenure and occupation of Peter King and which said messuage lands and premises are situate lying and being in the said parish of Earls Colne and contain together by estimation 160a more or less and of the reversion and reversions remainder and remainders of the same and of all rents reserved upon the lease made of the same and now in being which said fine shall be levied by such name or names contents and quantities of acres as the said sir Jn Jacob his heirs or assigns or his or their council learned in the law shall be required and the said fine so to be had and levied by and between the said parties or any of them shall be and inure and it is agreed by and between all the said parties to these presents that it shall be and inure to the use and behoof of the said sir Jn Jacob his heirs and assigns forever and to no other use intent and purpose 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 heirs and assigns by these presents that the said Wm Harlakenden Smithee his said wife Thos Harlakenden Rich Harlakenden Rich Harlakenden esq deceased father of the said Rich Harlakenden and Roger Harlakenden esq deceased grandfather of the said Wm Harlakenden or either of them have not committed suffered or done any act or acts thing or things but that the said Wm Harlakenden and Smithee his said wife Thos Harlakenden and Rich Harlakenden party to these presents or some or one of them have lawful and rightful authority and power to convey and assure the said messuage and tenement lands and premises with their appurtenances to the said sir Jn Jacob his heirs and assigns in manner and form aforesaid and that the said messuage lands and premises at the ensealing and delivery of these presents are and so shall continue and remain until the same be sufficiently conveyed and assured unto the said sir Jn Jacob his heirs and assigns free and clear and freely and clearly acquitted exonerated and discharged or shall be from time to time and at all times hereafter by the said Wm Harlakenden his heirs and assigns well and sufficiently saved and kept harmless of and from all and all manner of former bargains sales gifts grants leases jointures dowers entails statutes recognizances rents arrearages of rents fines intrusions judgements executions charges titles troubles and incumbrances whatsoever had made committed suffered or done by the said Wm Harlakenden Smithee his wife Thos Harlakenden Rich Harlakenden Rich Harlakenden the father and Roger Harlakenden or either or any of them or by the means consent and procurement of them or any of them one lease made of the said messuage lands and premises by the said Thos Harlakenden to the said Nich Kendall bearing date 12.5.3Chas1 for certain years yet to come and unexpired and the rents services and duties hereafter to be due to the chief lord of the fee of the premises only excepted and foreprised and the said Wm Harlakenden for himself and his heirs executors and administrators doth further covenant and promise and grant to and with the said sir Jn Jacob his heirs and assigns by these presents that the said sir Jn Jacob his heirs and assigns shall and may from time to time and at all times hereafter lawfully peaceably and quietly have hold and enjoy the said messuage lands and premises with appurtenances and the reversion and reversions remainder and remainders of the same and the rents reserved upon any lease or leases made of the same or any part thereof now in being to his and their own proper use without any lawful let trouble suit or interruption of from or by the said Wm Harlakenden and Smithee his wife or the heirs of the said Wm Harlakenden and of from or by the said Thos Harlakenden Rich Harlakenden party to these presents or of from or by any person or persons having or claiming or which may have or claim any lawful estate or interest of in or unto the said messuage lands and premises or any part thereof by from or under the said Wm Harlakenden and Smithee his said wife Thos Harlakenden Rich Harlakenden Rich Harlakenden the father Roger Harlakenden or either or any of them or by any of their means consent and procurement except the said Nich Kendall by reason of the lease aforesaid and the said Wm Harlakenden doth further for himself his heirs executors and administrators and every of them covenant promise and grant and with the said sir Jn Jacob his heirs and assigns by these presents he the said Wm Harlakenden and the said Smithee and any other person or persons having or lawfully claiming any lawful estate right title and interest of in or unto the said messuage lands and premises in by or from the said Wm Harlakenden and Smithee his said wife the said Wm Harlakenden shall and will from time to time and at all times hereafter during the space of 7yrs next ensuing the date hereof at and upon the reasonable request and at the costs and charges in the law of the said sir Jn Jacob his heirs or assigns make do acknowledge execute and suffer or cause to be made done acknowledged executed and suffered all and every such further lawful and reasonable act and acts thing and things devices and assurances in law whatsoever for the further better and more perfect and absolute conveying and assuring the said messuage lands and premises with their appurtenances to the said sir Jn Jacob his heirs and assigns forever be it by fine or fines feoffment or feoffments recovery or recoveries with single or double voucher or vouchers deed or deed enrolled or not enrolled acknowledgement and enrolment of these presents release or confirmation with warranty against the said Wm Harlakenden Smithee his said wife Thos Harlakenden and Rich Harlakenden party to these presents and against any person or persons anything lawfully claiming from by or under them and from by and under the said Rich Harlakenden the father and Roger Harlakenden or any or them or without warranty or by all any or as many of the said ways and means as by the said sir Jn Jacob his heirs or assigns or by his or their learned council in the law shall be reasonably advised and required so as the said Wm Harlakenden and Smithee his said wife and such person or persons as shall be required for the doing of the same nor any of them be not compelled to travel further than the cities of London and Westminster and it is hereby declared and agreed by and between the said parties to these presents that all further assurances to be had and made of the said premises to the said sir Jn Jacob his heirs and assigns by the said parties or any of them shall be and inure and shall be adjudged deemed accustomed and taken to be and inure to the only proper use and behoof of the said sir Jn Jacob his heirs and assigns and to no other use intent and purpose in witness whereof the parties abovenamed to these present indentures interchangeably have set their hands and seals the day and year first above written Rich Harlakenden Thos Harlakenden Wm Harlakenden Smithee Harlakenden