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Freehold Titles (ERO D/DHwT104 Hezekiah Haynes etc to Geo Cressener New House)

24.12.1676 (Tuesday 24 December 1676)

document 27600005

this indenture made 24.12.1676 between Hezekiah Haynes of Copford esq Jn Eldred junior of Lincolns Inn esq and Thos Green of Colchester gentleman of the one part and Geo Cressener of Earls Colne gentleman of the other part whereas Wm Harlakenden late of Earls Colne aforesaid esq deceased was in his lifetime seised in his demesne as of fee of and in the freehold messuage lands tenements and hereditaments herein after particularly mentioned and whereas the said Wm Harlakenden made his last will and testament bearing date 1.3.1675 and thereby amongst other things did give and bequeath all his lands woods tenements messuages and hereditaments whatsoever both free and copyhold unto the said Hezekiah Haynes and Jn Eldred to the intent and purpose that as soon as conveniently they could they should sell and dispose of the same unto any person or persons and their heirs and dispose of the monies arising by the sale thereof for payment of his debts and upon other trusts in the said last will and in a codicil thereunto annexed dated 8.3.1675 and whereas soon after the said Wm Harlakenden died and after his death and in pursuance of the intent of the said last will and testament Dan Nightingale of Earls Colne grocer and Dorothy his wife Jeremiah Goodall of Colchester aforesaid saymaker and Alicia his wife the said Dorothy and Alicia being the cousins and coheirs of the said Wm together with Rich Harlakenden gentleman brother of the said Wm Harlakenden by fine duly levied in the court of common pleas at Westminster in the term of the holy trinity 27Chas2 and by indenture date 20.5.27Chas2 declare in the use thereof in consideration of 600li paid by the said Thos Green to the said Jn Eldred who have disposed of the same money towards the payment of part of the debts of the said Wm Harlakenden did legally grant and convey the said freehold messuage lands and tenement amongst other lands to or to the use of the said Thos Green his executors and administrators for the term of one thousand years upon condition to be void upon payment of 636li at the time and place in the same indenture contained and after the expiration or other sooner determination to or to the use of the said Hezekiah Haynes and Jn Eldred and their heirs upon and under the trusts in the same indenture mentioned now this indenture witnesseth that for and in consideration of the sum of 500li to them the said Hezekiah Haynes Jn Eldred and Thos Green some or one of them in hand paid by the said Geo Cressener the receipt whereof they do hereby acknowledge and thereof and every part thereof do acquit exonerate and discharge the said Geo Cressener his heirs executors administrators and assigns by these presents they the said Hezekiah Haynes Jn Eldred and Thos Green have and every of them hath granted bargained and sold released and confirmed and by these presents do and every one of them doth grant bargain and sell release and confirm unto the said Geo Cressener his heirs all that capital messuage or tenement called the Newhouse or otherwise with the barns stables outhouses dovehouses buildings yards orchards gardens and all the freehold lands meadows hopgrounds tenements and hereditaments and appurtenances thereunto belonging or reputed to be appertaining or therewithal lately used occupied or enjoyed containing by estimation 140a be the same more or less late in the tenure or occupation of Hen Enew his assignee or assignees all which said messuage lands and premises are situate lying and being in Earls Colne aforesaid and now are in the actual possession of the said Geo Cressener by virtue of one lease thereof to him made for one whole year by indenture bearing date the day before the date of these presents by virtue of the statute for transferring uses into possession and all ways easements profits and hereditaments to the said messuage lands and premises or any of them belonging and the reversion reversions remainder and remainders of all and singular the premises and all the estate right title either at law or in equity interest claim and demand whatsoever of them the said Hezekiah Haynes Jn Eldred and Thos Green or any of them of in or to the premises or any of them and all deed writings evidences touching or concerning the same premises or any of them only or only any part thereof now in their or any of their hands and custody or possession to have and to hold the said messuage lands and all singular the premises with their and every of their appurtenances unto the said Geo Cressener his heirs and assigns to the only use and behoof of the said Geo Cressener his heirs and assigns forever and the said Hezekiah Haines for himself his heirs executors etc doth covenant and promise and grant to and with the said Geo Cressener his heirs and assigns by these presents that he the said Hezekiah Haines hath not hitherto committed acted or done or willingly permitted or suffered to be done and that he and his heirs shall not at any time hereafter act commit or do or willingly permit or suffer to be done any act matter or things whatsoever whereby the said messuage lands and all singular the premises or any of them are be or shall or maybe charged or encumbered in title charge or otherwise howsoever and further that he the said Hezekiah and his heirs and all and every person or persons lawfully claiming or to claim from by or under him or them shall will and will from time to time and at all times hereafter during 7yrs next ensuing the date hereof at and upon the reasonable request cost and charges in the law of the said Geo Cressener his heirs and assigns make do acknowledge and levy and execute or cause to be made etc all and every such further lawful and reasonable act and acts thing and things devices and assurances in the law for the further better and more perfect and absolute conveying and assuring of the said messuage lands and all singular the premises to the use of the said Geo Cressener his heirs and assigns forever according to the true intent and meaning of these presents be it by fine recovery feoffment surrender release or by any other good lawful means whatsoever as by the said Geo Cressener his heirs assigns or his or their council learned in the law shall be reasonably advised devised and required so as for the doing thereof he or they be not compelled to travel above 5m from his or their place of habitation at the time of such request made and so as such further conveyance or assurance doth contain therein no further or other covenant or warranty than only against him or them and his or their respective heirs as required to make such further conveyance or assurance and the said Jn Eldred for himself his heirs executors and administrators doth covenant and promise and grant to and with the said Geo Cressener and his heirs and assigns by these presents that he the said Jn Eldred hath not hitherto committed acted or done etc whereby the said messuage lands and all singular the premises or any of them are be or shall or maybe charged or encumbered in title charge or otherwise and further that the said Jn Eldred and his heirs and all and every person or persons lawfully claiming or to claim from or by or under him or them shall and will from time to time and at all times hereafter during 7yrs next ensuing the date hereof at and upon the reasonable requests costs charges in the law of the said Geo Cressener his heirs and assigns make do acknowledge levy and execute or cause to be made etc all and every such further lawful and reasonable act etc for the further better and more perfect and absolute conveying and assuring of the said messuage lands and premises to the use of the said Geo Cressener his heirs and assigns forever according to the true intent and meaning hereof be it be fine recovery etc as by the said Geo his heirs or assigns or his or their council learned in the law shall be reasonably advised devised and required etc and so as such further conveyance or assurance doth contain therein no further or other covenant or warranty than only against him or them and his or their respective heirs so required to make such further conveyance or assurance and the said Thos Green for himself his heirs etc doth also covenant and promise with Geo Cressener etc in witness whereof they have signed Hezekiah Haynes Jn Eldred Thos Green