this indenture tripartite made 1.10.1639 in the fifteenth year of Chas1 etc between sir Jn Jacob of London knight of the first part and Robt Jacob esq brother of the said Jn Jacob of the second part and Giles Bury of Bradwell next to the sea in the county of Essex doctor of divinity and Kath Bury daughter of the said Giles Bury of the third part whereas there is a marriage by gods permission intended to be shortly had and solemnized between the said Robt Jacob and Kath Bury sole daughter and heir apparent of the said Giles Bury and whereas the said sir Jn Jacob Robt Jacob and Darcy Jacob esq sons of Abrm Jacob esq deceased by one indenture bearing date 1.8.1639 last past made between the said sir Jn Jacob Robt Jacob and Darcy Jacob of the one part and the said Giles Bury and Jn Fairclough of Goldhanger Essex esq of the other part as well for and in consideration of the said marriage as for other good causes and considerations therein expressed and declared they the said sir Jn Jacob Robt Jacob and Darcy Jacob have by the said recited indenture covenanted granted and agreed for them their heirs executors administrators jointly and severally to and with the said Giles Bury and Jn Fairclough their heirs executors and administrators jointly and severally to and with the said Giles Bury and Jn Fairclough their executors administrators that they the said sir Jn Jacob Robt Jacob and Darcy Jacob and the survivor and survivors of them and the heirs of the survivor of them shall before the feast of all saints next ensuing of the date of the separate cited indenture by fine or fines in due form of law to be levied recognised and acknowledged all the moieties and half parts of all those lands tenements and hereditaments of the said Robt Jacob situate lying and being in Eaton Bridge Leaver and Brasted in the county of Kent and of and in the lands called the Lounde and of the first tonsure math or profit of all those lands tenements and hereditaments lying and being in Halliwell cum Needingworth in the county of Huntingdon which by the last will and testament of the said Abrm Jacob bearing date 4.4.1629 or by the true intents and meaning of the said Abrm Jacob were devised or were intended to be devised by the said Abrm to the said Robt which said fine and fines aforesaid and all other fines and assurances whatsoever which shall at any time after the date of the said recited indenture be had or levied between the said parties thereunto or any of them their or any of their heirs of the premises or any part thereof shall at all times hereafter remain to be and the cognizees therein to be named and every of them and of their heirs and of the heirs of every of them shall stand and be seised of the said moieties and half parts of all and singular of the said lands tenements and hereditaments to the use and behoof of the said Robt Jacob and his assigns for and during the term of his natural life and after his decease to the use and behoof of the said Kath Bury and of her assigns for and during her natural life for part of the jointure of the said Kath in lieu and satisfaction of part of the dower and thirds which she shall or may claim or demand of in or to all or any of the lands tenements or hereditaments whereof the said Robt Jacob shall be seised at any time during the coverture between the said Robt Jacob and Kath Bury in case the said Kath shall survive and over live the said Robt and after the decease of the said Kath to the use and behoof of the heirs of the body of the said Robt Jacob begotten and to be begotten and for default of such issue to the use and behoof of the said Darcy Jacob and the heirs of his body begotten and to be begotten and for default of such issue to the use and behoof of the said sir Jn Jacob and of his heirs forever and to none other use intent or purpose as by the said recited indenture of marriage and by the said last will and testament of the said Abrm Jacob amongst divers other covenants grants articles clauses agreements therein contained relation thereunto being severally had more at large it doth and may appear in which said recited indenture of marriage whereof the use is before limited expressed and declared to be for part of the jointure of the said Kath of as aforesaid there is one covenant or agreement therein contained and specified in effect that the said moieties and half parts so assigned unto the said Kath for part of her jointure as aforesaid were at the time of the aforesaid worth and so are likely to remain and continue worth unto the said Kath and her assigns during her natural life of the clear yearly value of four score and seven pounds 87li per annum over and above all charges and reprises now this indenture witnesseth that the said sir Jn Jacob for and in consideration of the natural love and affection which he hath and beareth unto and towards the said Robt Jacob his brother and for the better accomplishment and advancement of the said marriage and for the better maintenance and supportation thereof and for a more full whole and absolute jointure of the said Kath and in full satisfaction of her dower and thirds of all and singular of the lands tenements and hereditaments whatsoever of the said Robt Jacob which she the said Kath shall or may hereafter any way claim demand or challenge to have other than the said moieties and half parts of the lands tenements and hereditaments so assigned unto her as part of her jointure as aforesaid hath of his mere bounty and liberality given granted and confirmed and by these presents doth for him and his heirs give grant and confirm unto the said Robt Jacob and the said Kath one annuity or yearly rent charge one hundred and thirteen pounds of lawful money of England to be issuing going arising and renewing of in out of and from all that his messuage commonly called The Great Lodge or by whatsoever other names called or known situate in Earls Colne in the county of Essex all barns stables brewing houses quern houses orchards gardens and yards to the same belonging or use with the same or reputed as parcel of the same with the appurtenances all the lands pastures feedings and closes of him the said sir Jn Jacob lying round about the said messuage called the Great Lodge as the same is or now are encompassed in the north east and south sides thereof with the kings highway or lane leading from Halstead towards Coggeshall and as the same now or here henceforth are or were in the tenure or occupation of Wm Kendal his assignee or assignees situate lying and being in the dissolved park called Colne Park and which the said sir Jn Jacob lately had and purchased of one Thos Harlakenden the elder of Earls Colne in the said county of Essex gentleman containing by estimation one hundred and four score acres more or less and also of in and out of all that messuage or tenement with appurtenances called the Brickkill or Kendals Farm or by whatsoever other name or names of the said messuage or tenement be called or known situate in the late disparked park or ground called Colne Park in Earls Colne in the county of Essex and all houses barns stables orchards gardens lands meadows pastures and hereditaments thereunto belonging or used with the same or reputed and taken as part or parcel of the same which now are or late were in the tenure or occupation of Nich Kendal brickmaker or his assignee or assignees and 1r of ground more or less now or late in the tenure and occupation of one Peter King all which said last mentioned premises are situate lying and being in the said parish of Earls Colne in the said county of Essex and do contain by estimation 160a one hundred and three score acres more or less whereby the said sir Jn Jacob heretofore had and purchased of one Wm Harlakenden of Alberry in the county of Hertford gentleman to have enjoy and yearly to receive take and levy the said annuity or yearly rent of 113li of current english money unto the said Robt Jacob for and during the term of his natural life and after his decease unto the said Kath Bury and her assignees for during the term of her natural life in augmentation and in full of her jointure and after the several deceases of the said Robt and Kath to the use and behoof of the heirs male of the body of the said Robt on the body of the said Kath l awfully begotten and to be begotten the same annuity or yearly rent of 113li to be yearly paid at or in the now dwelling house of the said sir Jn Jacob situate in Fenchurch Street London at two several feasts or days of payment of the year that is to say in or upon the feast day of the annunciation and of michael the archangel yearly or within forty days next over or after the said feast days by even and equal portion the first payment thereof to begin to be made in or upon the feast day of the annunciation of the virgin mary now next coming after the day of the date above written and the said sir Jn Jacob for himself his heirs executors administrators and assigns doth covenant promise and grant to and with the said Robt Jacob his heirs executors and assigns by these presents that if and of often of it shall happen the said annuity or yearly rent of 113li of current english money or any part thereof to be behind or unpaid in part or in all by the space of forty days next over or after any of the feast days aforesaid limited for payment thereof in any year during the continuance of this present grant contrary to the form aforesaid but then and so often it shall and may be lawful unto the said Robt Jacob his executors and assigns for and during the term of his natural life and after his decease unto and for the said Kath Bury and her assigns for and during the term of her natural life and after unto the heirs male of the body of the said Robt upon the body of the said Kath lawfully begotten and to be begotten into the aforementioned messuages lands and premises before named with appurtenances into all and every or any part or parcel thereof to enter and distrain and the distress or distresses there so found to enter and distrain and the distress or distresses there so found had and taken from thence lawfully to lead drive bear cart carry and have away without any the let trouble or trouble interruption disturbance or denial of the said sir Jn Jacob his heirs or assigns tenants farmers or occupiers thereof or any of them or of any other person or persons by their or any of their means assent consent or procurement and the same to detain impound withhold until the said annuity or yearly rent and of all the arrearages thereof if any there shall happen to be shall be unto him her and them his her and their heirs or assigns respectively and fully satisfied contented and paid and the said sir Jn Jacob at the time of the ensealing and delivery of this present hath put and set the said Robt Jacob and Kath in full and lawful possession and seizure of the said annuity or yearly rent of 113li by the payment of 12d of lawful english money unto them for and in the name of seisin and possession of the said annuity or yearly rent and the said sir Jn Jacob for himself heirs executors administrators doth covenant and grant to and with the said Robt Jacob Giles Bury and Kath Bury their heirs executors and assigns by these presents that he the said sir Jn Jacob was at the day of the date of these presents and at the time of the ensealing and delivery thereof is and shall be solely and lawfully seised of a good perfect and indefeasible estate in fee simple of and in the said several messuages and lands tenements hereditaments and premises aforesaid with their appurtenances and now hath in himself full power good right and lawful authority to give grant and confirm the said annuity or yearly rent of 113li of current english money in manner and form aforesaid and also that the messuage lands tenements hereditaments and premises aforesaid with appurtenances shall be at all times and times according to the true intent and meaning of these presents open overt liable and sufficient to and for the distress and distresses of the said Robt Jacob and Kath Bury and the heirs male of the body of the said Robt Jacob on the body of the said Kath lawfully begotten and to be begotten when and as often as he she and they or any of them shall go or come to distrain for the said annuity or yearly rent of 113li or any part thereof if hereafter the same or any part thereof shall happen to be behind or unpaid contrary to the manner and form aforesaid provided always and nevertheless that this present grant or anything therein contained shall not in any wise extend or be construed reputed or taken to charge the person of the said sir Jn Jacob his heirs or assigns by any action or writ of annuity but to charge the several messuages lands and premises above specified unto and not otherwise provided also and is agreed between the said parties to these presents that if the said intended marriage shall not or be not had and solemnized between the said Robt Jacob and Kath Bury on or before the feast day of all saints now next ensuing that then this present indenture and grant that the said annuity or yearly rent and every matter and thing therein contained shall be utterly void prostrate and of none effect to all intent and purposes anything in these presents contained to the contrary thereof in any wise notwithstanding provided furthermore and it is the true intent and meaning of all these said parties to these presents that this present grant shall not be discontinued without the consent of the said sir Jn Jacob