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Freehold Titles (ERO D/DPr171)

1.4.1700 (Sunday 1 April 1700)

document 28900005

this indenture tripartite made the 1.4.1700 etc between Jn Eldred the elder of Stanway in the county of Essex esq of the first part Jn Eldred the younger gentleman son and heir apparent of the said Jn Eldred the elder of the second part and Thos Greene of East Thorpe in the said county of Essex esq of the third part whereas in and by one fine duly levied in the court of common pleas at Westminster by Rich Harlakenden late of Earls Colne in the said county of Essex esq and by indenture declaring the uses thereof bearing date the 19.2.1674 made or mentioned to be made between the said Rich Harlakenden of the one part and Hen Mildmay esq Hezekiah Haynes esq and the said Jn Eldred the elder by the name of Jn Eldred the younger of Lincolns Inn esq of the other part one third part of the manors lands and tenements hereinafter particularly mentioned the whole in three parts to be divided was limited and declared after the decease of the said Rich Harlakenden to the use of the said Jn Eldred the elder and of his assigns for and during the natural life and from and after his decease to the use of Hezekiah Haynes and Xoph Earle esq their heirs and assigns for and during the natural life of Margt Eldred wife of the said Jn Eldred the elder and from and after her decease to the use of the said Jn Eldred the younger and of the heirs of his body lawfully to be begotten with divers remainders over to several other persons as in and by the said indenture relation being hereunto had more at large it doth and may appear now this indenture witnesseth that for the barring cutting of and destroying the several entails of the said third part of the premises limited and declared in and by the afore recited indenture it is covenanted concluded and agreed by and between all the parties to these presents that if it shall and may be lawful to and for the said Thos Greene at or before the end of the term of the holy trinity next ensuing to pursue and prosecute out of the high court of chancery one or more writ or writs of entry sur disseisin in le post against the said Jn Eldred the elder returnable before his majesties justices of the court of common pleas at Westminster of the third part the whole in three parts divided of all that the manor or lordship of Earls Colne with the rights members and appurtenances thereof in the said county of Essex and of all that the manor or lordship of Colne called the manor or lordship of Colne Priory with the rights members and appurtenances thereof in the said county of Essex and of all that capital messuage called Colne Priory situate and being in Earls Colne aforesaid and of all that the rectory impropriate of Earls Colne aforesaid and of the advowson free disposition or right of patronage of the vicarage of the parish church of Earls Colne aforesaid and of all that mill called Colneford Mill and 3a of meadow or pasture to the same more or less to the said mill belonging or therewith now or lately used now in the tenure of Sam May or his assigns and of two crofts of land called St Mary Crofts containing by estimation 14a more or less and of one croft called Thornes containing by estimation 1a and of two cottages or tenements near the said crofts heretofore in the several tenures of Jn Owers and Nath Wade and o f one croft called Birds Croft one croft called Church Croft one meadow called Newland Meadow containing by estimation 10a more or less one field called the Great Field containing by estimation 18a more or less one croft called Rush Croft containing by estimation 4a more or less certain lands called the Pightles and Warren Fields containing by estimation 13a more or less and of all those three hopgrounds now or heretofore planted with hops containing by estimation 15a more or less and of one parcel of land called Milles heretofore planted with hops and now displanted containing by estimation 3a more or less and of four closes of l and called Bunners containing by estimation 24a and of all that wood or woodground called Chalkney Wood containing by estimation 200a be the same more or less and of all those lands or grounds called Ten Acres containing by estimation 54a be the same more or less and of one messuage or dwelling house called Carters sometime in the tenure or occupation of Wm Brand and now in the possession of Dan Bayly his assignee or assigns and of one croft of land called Pittcroft formerly in the tenure or occupation of Thos Rampton and of one barn and certain lands and grounds containing by estimation 60a called Seddcopps and Bradfields and of all those houses lands and grounds called Tilekilnes Sandhills Woodfeild Oxney Fenn and Seggs Meadow sometime in the tenure Sam Newton and now in the occupation of Jn Newton and Jn Patrick or one of them their or one of their assignee or assigns containing by estimation 100a be the same more or less and of all that house and mill called Chalkney Mill and all the freehold lands and greve to the same house or mill belonging containing by estimation 10a of land meadow or pasture late in the tenure of Jn Burton and now in the occupation of Andrew Coney and of all that farm called Milles and Copins with the lands meadows pastures and hereditaments to the same belonging or therewith used and of certain lands and tenements called Chalkney Croft heretofore in the tenure of Robt Wright and now in the occupation of Thos Tiffen his assignee or assigns and of one farm called Pound Farm with three closes to the same belonging heretofore in the tenure of Jn Colman now in the occupation of Jn Hatch his assignee or assigns and of two fields called Seddcopps containing by estimation 15a heretofore in the occupation of the said Jn Colman and now in the possession of the said Jn Hatch and of certain lands called Daggnalls containing by estimation 14a and of all that farm lands and hereditaments called Playstow Farm alias Playstoe containing by estimation 60a more or less and of one wood or woodgrounds called Hansers Hedge containing by estimation 14a more or less and of one wood or grove called Richolds Grove containing 6a more or less and of one croft called Olmstead late Church's lying next Chiffen and of all those lands and grounds called Lowfields and 3a of land and meadow heretofore purchased of Thos Smith tanner all which said messuages lands tenements and premises are situate and being in Earls Colne aforesaid and in White Colne Gaynes Colne alias Colne Engayne Markshall Much Tey and Halsted or in some or one of them or in some other town or parishes thereto near or adjoining in the said county of Essex and of all that rent of 23li2s9d received issuing or payable out of or for the site of the late priory of Colne and other parcels of land to the same appertaining and out of the said mill called Chalkney Mill and of one yearly rent or sum of 27s4d issuing and payable out of or for the said manor or farm called Playstow and of all messuages edifices buildings barns stables and orchards kilns dovehouses woods woodgrounds timber and trees courts prerequisites and profits of courts leet views of frankpledge and what to view of frankpledge doth belong waifs estrays deodands goods and chattels of felons felons de se and of outlawed persons huntings hawkings fishings fowlings rents services wastes waste grounds releases amercements franchises profits and hereditaments whatsoever with the appurtenances to the said manors capital messuage lands and premises or any of them belonging or therewith or with any of them used occupied or enjoyed as part parcel or member thereof and of all other the freehold and charterhold lands tenements and hereditaments late of the said Rich Harlakenden esq which w ere settled upon the said Jn Eldred the elder or limited to the use for or during the term of his natural life as aforesaid in and by the before recited fine and indenture by such apt and convenient names number quantity and quality of acres and other descriptions as shall be thought fit unto which said writ or writs the said Jn Eldred the elder shall appear gratis and shall vouch the said Jn Eldred the younger to warrant the same who shall likewise appear gratis and vouch to warrant the premises the common vouchee of the said court who shall likewise appear implead imparl and after imparlance make default whereupon judgement may be hand for the said Thos Greene to recover the premises against the said Jn Eldred the elder and for him to recover in value against the said Jn Eldred the younger and for him to recover in value against the said common vouchee whereby a perfect common recovery may be had according to the usual course of the said court for suffering of recoveries whereupon seisin shall be duly had and taken and it is touched and agreed by and between the said parties to these presents that the said recovery so or in any other manner to be had suffered or executed by and between the same parties shall be and inure and shall be adjudged construed and taken and is hereby declared to be and inure and the said recoverer and the heirs shall and be seised of the same to the uses hereinafter mentioned and limited that is to say to the use of the said Jn Eldred the elder for and during the term of his natural life and from and after his decease to the use of the said Margt Eldred for and during the term of her natural life and from and after her decease to the use of the said Jn Eldred the younger his heirs and assigns forever and to and for none other use intent or purpose whatsoever in witness whereof the parties to these presents have set their hands and seals the day and year first above written Jn Eldred senior Jn Eldred junior Thos Greene