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Freehold Titles (ERO D/DHtT73/38 Roger Harlakenden to Hen Darley etc Little Lodge etc)

1.9.1636 (Sunday 1 September 1639)

document 25700005

to all christian people to whom this present writing shall come Roger Harlakenden late of Earls Colne in the county of Essex gentleman sendeth greeting to our lord god everlasting whereas the said Roger Harlakenden did in and by one indenture bearing date 4.6.1635 grant bargain and sell to Hen Darley of Buttercram York esq Godfrey Bossevile of Gunthwayte in the said county of York esq Rich Harlakenden of Earls Colne aforesaid esq brother of the said Roger Harlakenden and Nath Bacon of Langham in the said county of Essex esq and to their heirs amongst other things all that part of Colne Park in Earls Colne aforesaid called the Little Lodge with all houses barns buildings orchards gardens lands and tenements thereunto belonging containing by estimation 360a three hundred and three score acres be it more or less as the same is now divided from the new way that leadeth from Colne aforesaid towards Markshall Green as the same lieth on the east side of the said way and lieth towards Coggeshall and all woods underwoods timber and trees standing growing or being upon the premises and all ways passages easements commons waters watercourses liberties rents profits and hereditaments whatsoever to the said premises or any part thereof belonging and to therewith or with any part thereof used occupied and enjoyed with the reversion and reversions remainder and remainders of the same and all rents reserved upon any lease or leases made of the same or any part thereof as by the said indenture reference being thereunto had more at large appeareth in and by which indenture the said Roger Harlakenden did intend to convey to the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon and their heirs all the tithes arising renewing or which should grow due upon or by reason of the same lands and premises although the same and not by name in the said recited indenture mentioned which said indenture and conveyance was upon certain trusts to certain uses mentioned and expressed in and by one other indenture bearing date 30.6.1635 and made between Hen Darley Godfrey Bossevile Rich Harlakenden Nath Bacon on the one part and the said Roger Harlakenden and Eliz his wife on the other part in and which last recited indenture it is provided and agreed by and between the said parties to the same that if the said Roger Harlakenden shall by any writing under his hand and seal subscribed in the presence of two credible witnesses notify and signify to the said Hen Darley Godfrey Bossevile Rich Harlakenden Nath Bacon his determination and meaning that the said lands and premises should be sold and conveyed away that then the said trustees should convey away and sell the said lands and premises and all their estate therein as by the said last recited indenture reference thereunto being had more at large appeareth and whereas the said Roger Harlakenden in and by one writing bearing date the 5.10.1636 by him sealed and subscribed in the presence of two credible witnesses did signify and notify the said Hen Darley Godfrey Bossevile Rich Harlakenden Nath Bacon his meaning and determination for the selling of the said premises and did thereby desire request the said trustees to sell and convey away the same as by the said writing reference being thereunto had more at large appeareth whereas the said Hen Darley Godfrey Bossevile Rich Harlakenden Nath Bacon accordingly have granted bargained and sold to sir Jn Jacob of London knight his heirs and assigns the said part of Colne Park lands and premises with the appurtenances and the tithes arising renewing or growing or which should grow due in or upon or by reason for the premises for and in consideration of the sum of 370li of lawful english money to the said Rich Harlakenden in hand paid by the said sir Jn Jacob and in consideration of the sum of 1200li more of like lawful english money to be paid at a certain day to the said Rich Harlakenden his executor or assigns by the said sir Jn Jacob his heirs executors or assigns as in and by one indenture of bargain and sale and enrolled in his majestys high court of chancery bearing date the 1.5.1636 made between the said Hen Darley Godfrey Bossevile Rich Harlakenden and Nath Bacon on the one part and the said sir Jn Jacob on the other part and by one other indenture bearing date 1.5.1636 and made between the said trustees on the one part and the said sir Jn Jacob on the other part reference being thereunto had more at large appeareth now know all men by these presents that the said Roger Harlakenden doth for himself his heirs and assigns ratify confirm and allow of the said sale so made to the said sir Jn Jacob and is well contented with the same and doth exonerate acquit and discharge the said sir Jn Jacob his heirs executors and administrators of the said 360li so paid to the said Rich Harlakenden and doth release to the said sir Jn Jacob his heirs executors administrators all actions and demands for the said 370li and every part thereof and doth herein and hereby authorize and appoint the said Rich Harlakenden his executors or assigns to receive the said 1200li of the said sir Jn Jacob his heirs or assigns and upon the receipt thereof or of any part thereof to acquit and discharge the said sir Jn Jacob his heirs and assigns of the same and whatsoever the said Rich Harlakenden his executors or assigns shall do in and concerning the premises the said Roger Harlakenden doth for himself his heirs executors and administrators covenant promise and grant to with the said sir Jn Jacob his heirs and assigns from time to time to ratify and confirm and the said Roger Harlakenden doth for himself his heirs and assigns by these presents grant convey and assure the tithes arising renewing or growing or which shall grow due in upon or by reason of the said lands and premises to the said sir Jn Jacob his heirs and assigns and the said Roger Harlakenden doth for himself and his heirs release quitclaim and confirm to the said sir Jn Jacob in full seisin and possession of the said part of Colne Park lands and premises being and to his heirs and assigns all the right title claim demand use and trust whatsoever which he the said Roger Harlakenden shall or may challenge of in and unto the lands and premises with the appurtenances and he the said Roger Harlakenden for himself his heirs executors and administrators doth covenant promise and grant to and with the said sir Jn Jacob his heirs and assigns by these presents that he the said sir Jn Jacob his heirs and assigns shall and may from time to time and at all times hereafter peaceably and quietly have hold occupy possess and enjoy the said part of Colne Park lands tithes and premises with the appurtenances without and lawful let trouble suit molestation or eviction of from or by the said Roger Harlakenden his heirs or assigns or of from or by any other person or persons lawfully claiming by from or under him or any of his ancestors one lease made of some part of the premises by the said Roger Harlakenden to Wm Wayford late of Earls Colne aforesaid yeoman deceased for the term of ten years in and by one indenture bearing date 24.10.1634 whereupon the yearly rent of 22li13s4d is reserved and one other lease made of some other part of the premises by the said Roger Harlakenden to Jn Marsh for the term of one and twenty years in and by one indenture bearing date 25.9.1635 whereupon the yearly rent of 90li6s8d is reserved only excepted and foreprized in witness whereof the said Roger Harlakenden hath hereunto set his hand and seal 1.9.1636 Roger Harlakenden