Freehold Titles (ERO D/DPr170)

19.2.1674 (Thursday 19 February 1674)

document 27300005

indenture Rich Harlakenden first part Hen Mildmay Hezekiah Haynes and Jn Eldred junior second part (below left hand side of page) recites that by indenture 28.7.12Chas2 between said R Harlakenden first part said H Haynes Jn Little Jeff Little and Edw Elliston second part there are granted to Haynes etc in fee several tithes and 20li rent out of a farm called Playstow in Halstead in Essex and lands with power for Rich Harlakenden to make void the same by tender of 5s and recites the tender of 5s (below right hand side of page) and recites that by an indenture given said 28.7.12Chas2 between said Rich Harlakenden of the one part and Mildmay Haines and Eldred second part Harlakenden settled all or most of the manor lands etc hereinafter with power of revocation now he revokes all the uses intents etc of said settlement and declares and appoints the manors lands etc hereinafter to be to the uses and intents etc hereinafter mentioned (beneath the left and right hand notes) and in consideration of 1000li paid Dan Androws by Thos Bowes and Jn Eldred at and on the account and request of said Rich H in part of the marriage portion of Mary wife of Androws and daughter and heir of R H late son and heir apparent of said R H and of natural love of Rich Harl to said Mary Androws a nd to Margt wife of Eldred and to Eliz wife of Bowes daughters of Rich Harl the party and to others of his blood etc tis covenanted and agreed that Rich Harl shall in hilary term next levy a fine come ceo etc to Mildmay and all of the second part of the manors of Earls Colne and Colne Priory the capital messuage called Colne Priory in Earls Colne the rectory of Earls Colne and the advowson of the vicarage Colneford Mill and 3a belonging St Mary Crofts containing 14a Thorns Croft containing 1a two cottages there near Birds Croft Church Croft Newland Meadow containing 10a Great Field 18a Rush Croft 4a the Pightles and Warren Field containing 13a three hopgrounds 15a a parcel of land called Mills containing 3a four closes called Bunners containing 24a Chalkney Wood 200a Tenn Acres containing 54a a messuage called Carters in tenure of Wm Brand Pitcroft a barn and land containing 60a called Sedcopps and Broadfield Tilekilnes Sandhills Woodfield Oxney Fenn and Seggs Meadow containing together 100a Chalkney Mill and 10a belonging the farm called Mills and Coppins and the lands etc belonging Chalkney Crofts Pound Farm with three closes belonging Sedcopps 15a Daggnalls 14a Playstow Farm 60a Hansers Hedge containing 14a Richolds Grove containing 6a a croft called Olmsteads late Churches Lowfields and 3a late purchased of Thos Smith all which premises are situate in Earls Colne White Colne Gains Colne alias Colne Engain Markshall Much Tey and Halsted or some of them or there near in Essex 23li2s9d rent for the site of the late priory of Colne etc and of 1li7s4d rent out of Playstow Farm and of all other freehold lands in those places now or on said 28.7. of the said Rich Harl ( except such tithes of said rectory as R H hath paid ) 28.7.12Chas2 granted to Haines Jn and Jeff Little and Elliston in fee upon the trust therein which fine shall be to uses and upon and under the provisos conditions limitations and trusts hereunder limited (under to the left hand side) as to Bunners Pound Farme Sedcopps 15a Dagnalls Playstow Farme and rent issuing thereout Hansers Hedge Lowfields Seggs Meadow Ormstead and Thorns to the use of Bowes and Eldred for one thousand years without impeachment of waste under the proviso hereafter (under to the right hand side) as to all the premises not limited to Bowes and Eldred (under both last across the whole page) and as to the premises limited to Bowes and Eldred ( after said term ) and immediately as to all other the premises to use of Rich Harlakenden for life without impeachment of waste (nothing under the left next notes refer to the right hand side of the page) as to all the premises not limited to Bowes and Eldred immediately after the decease of Rich Harlakenden to the uses of ( one ) Mildmay and Haines their executors etc for twenty one years on trust to raise and pay 500li to Mary Androws with interest at 6li percent till payment and after that paid by trustees or the heirs of Rich Harl the term to cease ( two ) to the intent that Ralph Joselyn vicar of Earls Colne shall ( from the death of R H for as long as he continues there vicar ) have an annuity of 20li payable yearly with power of distress for non payment (under right across whole page) and after the death of Rich Harl and the determination of said two term the fine to enure as to all the premises viz (page now divided into three and each third part subdivided into two) (left hand division) as to one third of all the premises to the uses of Mary Androwes in tail general remainder (under this the left hand subdivision) as to half thereof ( one ) Margt in tail general ( two ) Eliz in tail general (the right hand subdivision) as to the other half ( one ) Eliz in tail general ( two ) Margt in tail general (the middle) as to the other third part to the uses of ( one ) Jn Eldred for life ( two ) Hez Haines and Chris Earle esqs and their heirs during the life of Margt E on trusts hereafter ( three ) Jn Eldred ( son of Jn and Margt ) in tail general ( four ) Margt in tail general remainders (below left hand subdivision) as to half thereof ( one ) Mary in tail general ( two ) Eliz in tail general (right hand subdivision) ( one ) Eliz in tail general ( two ) Mary in tail general (right hand division) as to one other third to the uses of ( one ) Thos Bowes for life ( two ) Eliz his wife for life ( three ) Harlakenden Bowes their son in tail general ( four ) Eliz in tail general remainder (left hand subdivision) as to half thereof ( one ) Mary in tail general ( two ) Margt in tail general (right hand subdivision) as to the other half thereof ( one ) Margt in tail general ( two ) Mary in tail general (across the whole page) and in default of issue of the bodies of Mary Margt and Eliz then (divides into two again) (left hand side) as to a moiety of all the premises to the uses of the heirs of Roger Harlakenden deceased ( late brother of Rich Harl ) and of the heirs of Mary Nevill Eliz Tiffen Ann Eden and Mabel Haynes deceased ( late sisters of said Rich Harl ) as tenants in common in fee the one thousand years to be void if R H the party his etc pay to Bowes and Eldred their etc 1000li during R H's life or within twelve months after his death and that R H may in the mean time ( paying interest ) enjoy the premises the premises not to be charged after his death with arrears of interest during his life his executors to enjoy for three months from his death (right hand side left hand subdivision) as to half of the other moiety and to the uses of ( one ) Rich Harlakenden ( son of Thos H late uncle of R H ) in tail male ( two ) Wm ( youngest son of Thos ) in tail male remainder in fee to the heirs of Roger Harlakenden as before (right hand subdivision) ( one ) Wm H in tail male ( two ) Rich H the son in tail male remainder in fee as before (across whole of right hand side) the use of Haines and Earle for life of Margt is declared in trust that Margt may have the profits for her support during her life (rest across whole page) and recites that by indenture 2.8.1652 Rich Harlakenden the party and Rich Harl junior one part Jn Josslyne and Haynes second and Chris Meredith and Nath Webb and Mary Meredith daughter of said Chris after wife of R H junior deceased and since (wife) of dr Abell Collyer deceased third there is limited to said Mary Collier 200li paid out of said manors and divers lands ( parcel of said premises ) and that R H the party before married with Mary his now wife did convey the Tenn Acres Carters Sedcops Bradfields Tilekilnes Sandhills Woodfield Oxney Fenn Chalkney Mill Mills Farme and Coppins with other lands etc ( part of the premises ) to or to the use of said Mary for her jointure and that ( by indenture 25.7.12Chas2 between R H the party of the first part and Earle and Jn Willesby second ) he had conveyed to or to the use of said Mary his wife a rent charge of 40li to be is suing out of either part of the premises now Rich Harlakenden ratifies said grants limitations etc and these presents and said fine are declared to be to the intent that said Mary Harl and Mary Collier may respectively enjoy and distrain for the said rents if unpaid and recites a proviso in 2.8.1652 viz that if R H junior should die leaving no issue male by M Meredith and should leave one daughter only unmarried then the recovery therein mentioned should enure from the decease of R H senior and R H junior or the age or marriage of such daughter first happening as to Colne Priory and several other lands to the use of such daughter in tail if she should not be paid by the heirs etc of R H junior or R H senior his etc 2000li on her day of marriage or within six months after or full age first happening or within six months then after respectively and other proviso in same indenture that if said manors lands etc charged with said 200li paid or any other manors etc of 400li paid free of incumbrances of R H senior immediately after his decease and his wife's for the time being etc as in the abstract of that date ) and reciting that the said R H senior hath hereby conveyed all his manors etc upon or to the use etc the said Mary Androws Margt Eldred and Eliz Bowes by equa l estates now he declares that said 1000li paid to Dan Androws and the 500li secured for said term of twenty one years and the estates tails herein limited to Mary in tail are in full discharge of all monies portion estates and claims which Androws and wife or heirs of her body may have to or out of any premises and doth amount to more than was agreed by said indenture tripartite provided that if Androws and his wife or either of them or heirs of her body shall be virtue of the said indenture tripartite or otherwise claim or recover etc ( any of said manors lands etc other than the third part thereof and such estates and proportions therein as are hereby limited to her according to the true intent etc hereof and other then for securing of the 500li and interest ) that then the said 1000li paid Androws and the 500li to raised shall be in trust for R H the party his etc and the power of distress limited to said Mary Collier on the lands conveyed to the use of Mary wife of the said R H party and said use for twenty one years and several uses herein before limited to Mary Androws in tail shall cease and the said fine shall enure as to the one third limited in use to said Mary in tail to the use of Margt Eldred and Eliz Bowes in fee as tenants in common