Freehold Titles (ERO D/DHtT73/34 Roger Harlakenden to Hen Darley etc Little Lodge)

5.10.11Chas1 (Monday 5 October 1635)

document 25500005

to all christian people to whom this present writing shall come Roger Harlakenden late of Earls Colne gentleman sendeth greeting whereas the said Roger Harlakenden in and by one indenture bearing date 4.6.11Chas1 made between the said Roger Harlakenden on the one part and Hen Darley of Buttercram Yorks esq Godfrey Bossevile of Gunthwayte Yorks esq Rich Harlakenden of Earls Colne esq and Nath Bacon of Langham Essex esq on the other part hath granted bargained and sold to the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon and their heirs amongst other things all that part of Colne Park in Earls Colne called the Little Lodge with all houses barns buildings orchards gardens lands and tenements thereunto belonging containing by estimation 360a be it more or less as the same is divided from the new way that leadeth from Colne aforesaid towards Markshall Green as the same lieth on the east side of the same way and lieth towards Coggeshall then or late in the tenure of Jn Marsh and     Wayford widow their assignee or assignees and all woods timber and trees standing or growing upon the premises and all ways profits commodities and hereditaments to the said premises belonging or used with the same or reputed and taken as part of the same as by the said recited indenture and enrolled in his majesties high court of chancery more at large appeareth and whereas in and by one other indenture bearing date the 30.6.11Chas1 made between the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon on the one part and the said Roger Harlakenden and Eliz his wife on the other part it is declared and expressed that the full intent and true meaning of all the said parties to the said first recited indenture was and so at the time of the date of the said second recited indenture did continue that the said Hen Darley Godfrey Bossevile Rich Harlakenden Nath Bacon and their heirs should stand and be seised of the said premises and of and in every part thereof upon the trust and confidence that they should permit and suffer the said Roger Harlakenden his heirs and assignees to his and their own use the rents issues profits and commodities of the said premises and of every part thereof from time to time except only during the time and times that the estates and trusts in the said last recited indenture afterwards mentioned should remain and have continuance and except for such estates and trusts only until the said premises should be sold and conveyed away by the direction and appointment of the said Roger Harlakenden as in the said last recited indenture is expressed and to other intents trusts and purposes in the said last recited indenture mentioned in and by which last recited indenture it is provided and fully agreed and declared that the further true intent and meaning of the said parties to the said last recited indenture was that if the said Roger Harlakenden should at any time then after during his natural life and before the estates in the said recited indenture should be conveyed to or to the use of the said Eliz or to or to the use of such sons as in the said recited indenture are mentioned be minded and determined that the said lands and premises or any part thereof should be sold and conveyed away and should by any writings under his hand and seal attested by two credible witnesses at the least notify and signify such his meaning and determination to the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon or to the survivor or survivors of them or to the heirs of the survivors of them that then they the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon or the survivors of them or the heirs of the survivors of them should and would within convenient time after such notice given as aforesaid sell and convey away all and singular the premises or so much thereof as the said Roger Harlakenden shall appoint and limit and all their estate of in and unto the same as in and by the said last recited indenture reference being thereunto had it doth and may more at large appear now know all men by these presents that the said Roger Harlakenden is minded and determined that the said lands and premises and every part thereof shall be sold and conveyed away and herein and hereby doth notify and signify his said meaning and determination to the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon and to the survivors and survivor of them and to the heirs of the survivor of them that they the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon and the survivors and survivor of them shall sell and convey away the said lands and premises and every or any part thereof and all their and every of their estate of in and unto the same to any person or persons whatsoever and doth herein and hereby request and desire the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon and the survivors of them to sell and convey away the said lands and premises and whatsoever the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon or the survivor of them shall do and execute or cause to be done and executed touching or concerning the same he the said Roger Harlakenden doth for himself and his heirs executors and administrators covenant promise and grant and with the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon their heirs and assignees by these presents that he the said Roger Harlakenden and his heirs shall and will ratify and confirm in witness whereof the said Roger Harlakenden hath hereunto set his hand and seal the 5.10.11Chas1 Roger