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Freehold Titles (ERO D/DHwT104 Hezekiah Haynes etc to Thos Green New House)

28.5.1675 (Friday 28 May 1675)

document 27400005

this indenture made 28.5.1675 between Hezekiah Haynes of Copford Jn Eldred the younger of Lincolns Inn esq Rich Harlakenden of Earls Colne gentleman Dan Nightingale of Earls Colne grocer and Dorothy his wife Jeremiah Goodall of Colchester baymaker and Alicia his wife the said Dorothy and Alice being the cousins and coheirs of Wm Harlakenden esq deceased that is to say daughters and coheirs of Thos Harlakenden gentleman deceased who was the eldest brother of the said Wm Harlakenden who died without issue of the one part and Thos Green of Colchester grocer of the other part whereas the said Wm Harlakenden of Earls Colne esq in and by his last will and testament in writing bearing date 1.3.27Chas2 and by a codicil bearing date 8.3.27Chas2 did amongst other things demise unto the said Hezekiah Haynes and Jn Eldred all his messuages lands tenements and hereditaments both free and copyhold to be by them sold for the payment and satisfaction of all his just debts and upon other trusts as in and by the said last will and codicil relation being thereunto had more at large appeareth and whereas the said Wm Harlakenden was at the time of his death justly indebted to several persons by bills bonds or otherwise in the sum of 900li and upwards some of which said debts must be forth satisfied and whereas for the payment of some of the said debts the said Thos Green is contented to lend the sum of 600li upon the security of some part of the premises herein after mentioned now this indenture witnesseth that they the said Hezekiah Haynes Jn Eldred Rich Harlakenden Dan Nightingale and Dorothy his wife Jeremiah Goodall and Alice his wife for and in consideration of the sum of 600li to the said Jn Eldred in hand paid by the said Thos Green by the direction and consent of the other parties to these presents receipt whereof the said Jn Eldred doth thereby acknowledge and thereof and every part and parcel thereof doth acquit and discharge the said Thos Green and his heirs executors and administrators and every of them by these presents and for divers other good causes and considerations thereunto especially moving doth and every of them doth respectively for themselves their his executors and administrators covenant promise and grant and with the said Thos Green his heirs and assigns by these presents that they the said Hezekiah Haynes Jn Eldred Rich Harlakenden Dan Nightingale Dorothy his wife Jeremiah Goodall and Alice his wife shall and will before the end of trinity term now next ensuing the date of these presents grant convey and assure by fine sur cognisance de droit come ceo etc to be duly levied before his majesties justice of the court of common pleas at Westminster unto the said Thos Green his heirs or by other good and sufficient conveyance and assurance in the law as by the said Thos Green his executors or administrators or his or their council learned in the law shall be reasonably advised demised or required all that messuage or tenement ca lled the Newhouse or otherwise with the barns stables outhouses buildings yards orchards gardens and all the freehold lands meadows pastures hop grounds tenements and hereditaments thereunto belonging or reputed to be appertaining or there withal lately used occupied or enjoyed containing by estimation 120a be the same more or less late in the tenure or occupation of Hen Enew his assigns or assignees and all that capital messuage or tenement called Princes or otherwise wherein the said Wm Harlakenden lately lived with the houses outhouses barns stables yards orchard and garden tenements and thereunto belonging or reputed to be appertaining or accepted or taken to be part parcel of member thereof and all that messuage or tenement called Gilberts or otherwise with the lands tenement and hereditaments thereunto belonging or reputed to he appertaining containing by estimation 14a be the same more or less and all that wood or wood ground with appurtenances called Bettingsland Wood or otherwise containing by estimation 35a be the same more or less with all the wood timber trees and other trees thereupon standing growing or being all which said messuages lands woods ground and premises are situate in Earls Colne and all other the freehold messuages lands tenements in Earls Colne aforesaid or in any other parish or parishes thereunto near or adjoining whereof the said Wm Harlakenden died seised by such names quantity and quality of acres and other descriptions as shall be agreed upon which said fine or other assurance shall be and enure and shall be construed judged and taken to be and enure and is and are thereby concluded agreed and declared by all the parties to these presents to be and enure and the counsee in the said fine to be named and his heirs shall stand and be seised of and in the said premises and every part thereof to the uses and under the trusts and provisos herein after mentioned that is to say to the use of the said Thos Green his executors administrators and assigns from thenceforth for and during the time and term of 1000yrs next ensuing and fully to be completed and ended without impeachment of or for any manner of waste upon and under the proviso or condition therein after mentioned and from and after the expiration or other sooner determination of the said term of 1000yrs to the use of the said Hezekiah Haynes and Jn Eldred and their heirs upon the trusts and agreements hereinafter expressed provide d always and it is agreed by and between all the parties to these presents that the said term of 1000yrs herein before limited is upon this express condition following that is to say that the said Hezekiah Haynes Jn Eldred Rich Harlakenden Dan Nightingale and Dorothy his wife Jeremiah Goodall and Alice his wife or any of them their or any of their heirs executors administrators or assigns shall and do well and truly pay or caused to be paid to the said Thos Green his executors administrators or assigns at or in the now dwelling house of the said Thos Green situated in Colchester the full and just sum of 636li in manner and form following that is to say 18li parcel of the said 636li upon 24.12. next and 618li residue of the said 636li upon 24.6.1676 without any deduction defalcation or abatement of or for any taxes subsidies charges or impositions whatsoever which are or shall be charged upon the premises or any part thereof that then and from thenceforth the said estate or term for 1000yrs shall cease determine and be utterly void and that then and from thenceforth the said fine or other assurance shall be and enure and the causes therein to be named shall stand and be seised of the said counsee therein to be named shall stand and be seised of the said messuage lands and tenements and all and singular the premises to the only use and behoof of the said Hezekiah Haynes and Jn Eldred their heirs and assigns forev er and the said Dan Nightingale and Jeremiah Goodall do for themselves their heirs executors and administrators covenant promise and grant to and with the said Thos Green his executors and administrators by these presents in manner and form following that is to say that in case default shall be made in the payment of the said 636li or any part thereof contrary to the promises that then and from thenceforth it shall and may be lawful to and for the said Thos Green his executors administrators and assigns to all and singular the said messuages lands premises and premises to enter and the same peaceably and quietly to have hold and enjoy and the rents issues and profits thereof to take and receive to his and their own use and uses without the let trouble suit or disturbance of the said Hezekiah Haynes Jn Eldred Rich Harlakenden Dan Nightingale and Dorothy his wife Jeremiah Goodall and Alice his wife or any of them or of any other person or persons lawfully claiming or to claim from by or under them or any of them or from by or under the said Wm Harlakenden deceased and that free and clear and freely and clearly exonerated acquitted and discharged of from and against all and all manner of former or other gifts grants bargains sales jointures dowers statutes judgements titles burdens and encumbrances whatsoever had made and done or suffered or hereafter to be had made done or suffered by the said Hezekiah Haynes Jn Eldred Rich Harlakenden Dan Nightingale etc or any of them or by any other person or persons lawfully claiming from by or under them or any of them or from by or under the said Wm Harlakenden deceased or by their or any of their estate right or interest and the said Hezekiah Haynes and Jn Eldred do for themselves severally but not jointly nor the one for the other and for their several heirs executors administrators covenant and agree to and with the said Thos Green his executors administrators and assigns that they have not already done or suffered nor shall nor will they or their heirs make do commit permit or suffer to be done any act or thing whatsoever w hereby the premises or any part thereof are shall or may be charged or encumbered in estate title charge or otherwise howsoever and the said Hezekiah Haynes Jn Eldred Rich Harlakenden Dan Nightingale and Jeremiah Goodall for themselves severally and not jointly nor one for the other and their several and respective heirs executors and administrators do covenant to and with the said Thos Green his executors etc that from and after default made of and in the payment of the said 636li or any part thereof they the said Hezekiah Haynes etc and their several and respective heirs shall and will at the reasonable request and at the cost and charges in the law of the said Thos Green make do acknowledge suffer and execute or cause and procure to be made done acknowledged and executed all and every such further and other reasonable act or acts thing or things demise conveyance or assurance for the better assuring of the premises or any part thereof unto the said Thos Green his executors administrators etc for and during the residue of the said term of 1000yrs be it by other fine or recovery or other assurance whatsoever as by the said Thos Green his executors etc or his or their council etc shall be reasonably advised etc and the said Thos Green for himself and his heirs executors etc doth promise and grant with the said Hezekiah Haynes Jn Eldred their heirs executors and assigns that until default be made in the payment of the said 636li or some part thereof they the said Hezekiah Haynes and Jn Eldred and their heirs shall and may have hold and enjoy the said messuage lands and all and singular the premises and take and receive rents issues and profits thereof to their own uses and behoofs without the let suit trouble or interruption of him the said Thos Green his executors administrators etc or any other person or persons lawfully claiming from by or under him or them and it is concluded and agreed by and between all the parties to these presents and thereby declared that the use and estate hereby limited to the said Hezekiah Haynes and Jn Eldred and their heirs upon this especial trust and confidence in them reposed that is to say that they the said Hezekiah Haynes and Jn Eldred and the survivor of them and the heirs of the survivor of them shall and will as soon as conveniently they can sell the said messuages lands and premises or so many of them as they shall think needful to be sold for the best price that can be got for the same and shall employ as well the moneys arising by the sale of the premises or any part thereof as also the rents and profits of the premises in the meantime for and towards the payment of the debts of the said Wm Harlakenden and for and towards the payment of such yearly sum of money unto the said Rich Harlakenden for and during his natural life by four quarterly payments as the said Hezekiah Haynes and Jn Eldred and the survivor of them and the heirs of the survivor of them shall think fit and for the payment and satisfaction of the sum of 25li given to Marthamar Arwaker in and by the last will and testament of the said Wm Harlakenden and upon further trust and confidence that they the said Hezekiah Haynes and Jn Eldred and their heirs shall pay the overplus of the monies arising by the sale of the premises or any part thereof beside what is sufficient together with the personal estate of the said Wm Harlakenden to pay his said debts the said 25li and the said yearly sum to the said Rich Harlakenden unto the said Dorothy Nightingale and Alicia Goodall their executors and administrators equally and upon this further trust that they the said Hezekiah Haynes and Jn Eldred and their heirs shall convey the residue of the said messuage lands and premises which shall remain unsold after the said debts and the said yearly sum to be paid to the said Rich Harlakenden paid or secured to be paid if any such there shall be unto the said Dorothy Nightingale and Alicia Goodall their heirs and assigns as tenants in common and not joint tenants in witness whereof the parties to these presents have hereunto put their hands and seals the day and year first above written Hezekiah Haynes Jn Eldred Rich Harlakenden Dan Nightingale Dorothy Nightingale Jeremiah Goodall and Alicia Goodall