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Freehold Titles (ERO D/DHwT104 third document Wm Russell to Jn Morley New House)

1.9.1724 (Tuesday 1 September 1724)

document 30400005

this indenture made 1.9.1724 between Wm Russell of North Ockendon in the county of Essex esq of the one part and Jn Morley junior of Halsted in the said county gentleman of the other part witnesseth that the said Wm Russell for and in consideration of the yearly rents covenants and agreements hereinafter reserved mentioned and expressed and which on the part of the said Jn Morley his executors and administrators are to be paid kept and performed and for divers other good considerations him the said Wm Russell thereunto moving hath devised granted and farm letten and doth by these presents demise grant and to farm let unto the said Jn Morley all that messuage and tenement commonly called and known by the name of New House with all houses outhouses barns stables dove house yards orchards lands meadows called Ringers and other meadows pastures feedings ways waters or watercourses privileges and appurtenances whatsoever thereunto belonging and therewith usually let and occupied as part or parcel thereof as the same situate and lying and being in the parish of Earls Colne or elsewhere within the county aforesaid and now in the tenure and occupation of Rich Potter his assignee or assigns except and always reserved out of this present devise unto the said Wm Russell his heirs and assigns all timber trees wood bushes standing growing or being or which during the continuance of the term hereby devised shall stand grow or be in or upon the said demised premises or any part thereof with free liberty of ingress egress and regress to and for the said Wm Russell his heirs and assigns with his and their servants agents and workmen horse carts and carriages or without to enter into or upon the said demised premises or any part thereof as well to fell cut down hew saw rive have take and carry away the same and also for all other reasonable cause and causes whatsoever to have and to hold all and singular the said messuages and tenements lands and premises except the fore excepted unto the said Jn Morley his executors administrators and assigns from the feast day of michaelmas next ensuing the date hereof unto the full end and term of nine years from thence next ensuing and fully to be complete and ended yielding and paying therefore yearly and every year during the aforesaid term unto the aforesaid Wm Russell his heirs and assigns the rent or sum of 38li of lawful money of Great Britain at the two most usual feast days or times of payment in the year that is to say at our lady day and michaelmas day by even and equal portions at or in the now dwelling house of Jn Savill in Colchester in the county aforesaid merchant and also yielding and paying yearly and every year unto the said Wm Russell his heirs and assigns the further rent of 5li per acre for every acre of the meadow ground and so proportionably for less than an acre which the said Jn Morley his executors administrators or assigns shall plough break up or convert into tillage or cause to be ploughed broke up or converted into tillage the said rent of 5li per acre to commence and become payable from the feast of michaelmas before such breaking up ploughing or converting into tillage and to continue payable at the same times and place and in the same manner as the rent of 38li aforesaid is payable during the residue of the said term hereby devised provided always that if the said yearly rents or any part thereof be behind and unpaid in part or all by the space of twenty days next after any or either of the said feast days or days of payment in the year on which as aforesaid the same ought to be paid being lawfully demanded that then and from thenceforth it shall and may be lawful for the said Wm Russell his heirs and assigns into the said demised premises or any part thereof in the name of the whole wholly to reenter and the same to have again retain repossess and enjoy as in his or their former estate and as well the said Jn Morley his executors and administrators as all other occupiers there out and from thence utterly to expel put out and remove anything contained in these presents to the contrary notwithstanding and said Jn Morley for himself his executors administrators and assigns doth by these presents covenant promise and grant to and with the said Wm Russell his heirs and assigns in manner and form following that is to say that he the said Jn Morley his executors administrators and assigns shall and will during the said term well and truly pay or cause to be paid unto the said Wm Russell his heirs and assigns the yearly rents above mentioned at such times and place and in such manner and under the provisions and restrictions as are above mentioned for the payment thereof and also shall and will at his and their own proper costs and charges bear pay and discharge all tithes taxes parish charges and assessments whatsoever imposed to be imposed and upon the same premises the same demised premise s or any part thereof during this demise taxes imposed as land tax by act of parliament paid by land lord only excepted and that the said Jn Morley his executors administrators and assigns shall and will at their own costs and charges during this demise maintain and keep all the said demised premises in good and tenantable repair with thatching daubing and glazing and shall in like manner deliver up the same to the said Wm Russell his heirs and assigns at the end or other sooner determination of this demise and also shall and will at this and their own costs and charges maintain and keep all the hedges ditches gates stiles pales and other fences whatsoever belonging to the demised premises as well those which being in sufficient repair and so not repaired as those repaired by the said Wm Russell at the beginning of this demise in good and tenantable repair and shall and will in like manner deliver up the same to the said Wm Russell his heirs or assigns at the end or sooner determination of this demise he the said Wm Russell his heirs or assigns allowing rough timber by assignment for doing thereof and also that the said Jn Morley his executors administrators and assigns shall not nor will plough break up or convert into tillage any of the meadow ground belonging to and part of the demised premises under the penalty of 5li per acre and so proportionably for a less quantity of land to be paid in manner as above set forth and that it shall and maybe lawful to and for the said Wm Russell his heirs and assigns upon such ploughing breaking up or converting into tillage any meadow ground parcel of the demised premises by the said Jn Morley his executors administrators or assigns to enter and distrain for the said rent of 5li per acre and so for a proportionable less sum in and upon any part of the hereby demised premises and also the said Jn Morley his executors administrators and assigns shall not nor will have in tillage at any one time during this demise above fifty acres of land parcel of the demised premises upon pain of forfeiting this lease and all his right to the hereby demised premises upon the tender of 6d by the said Wm Russell his heirs or assigns and also shall not nor will take above two crops of any grain whatsoever without summer tilthing the land and also shall and will spend all the muck dung compost and stover which shall arise and be made during the term aforesaid except what shall arise from Ringers Meadow in and upon the said demised premises and shall not nor will sell o r carry it any of it from off the demised premises except before excepted and also shall and will leave upon the demised premises all that shall arise and be made there the last year of this demise and whereas the said Jn Morley is at the commencement of this demise to have and enter upon blank acres of fallow he paying to the said Wm Russell his heirs or assigns so much for every tilth half tilth as the custom of the country doth allow and likewise 5s per acre for the rent of the land for every acre that shall be fallowed he the said Jn Morely for himself his executors and assigns doth covenant with the said Wm Russell his heirs and assigns that he or they at the end or sooner determination of this demise will leave upon one part of the demised premises     acres of fallows and no more made in any husbandlike manner with as many whole or half tilths as those shall have upon which he is to enter at the commencement of this demise and the said Wm Russell for himself his heirs and assigns doth covenant promise and grant by these presents to and with the said Jn Morley his executors administrators and assigns in manner and form following that is to say that the said Wm Russell his heirs and assigns shall and will put the said gates stiles and pales belonging to the demised premises in good and tenantable repair with all convenient speed and likewise that it shall and maybe lawful to and for the said Jn Morley his executors administrators and assigns to have and take from off the said demised premises in those places where he makes new fences and not elsewhere the tops and lops of bolling trees being of seven years growth and not under and sell and convert them to his and their own proper use and uses and also that it shall and maybe lawful to and for the said Jn Morley his executors administrators and assigns to have and to take convenient and necessary cartboot and ploughboot from off the demised premises by assignment under hand in writing of the said Wm Russell his heirs or assigns to be used upon the premises and not elsewhere and if not assigned within thirty days after demand then to be taken without assignment in places upon the demised premises where it may best be spared and also that the said Jn Morley his executors administrators and assigns shall and may have and take from off the said demised premises by assignment under hand in writing rough timber as well for the keeping and leaving the gates stiles pales and other fencing belonging to the demised premises in good and tenantable repair and also that it shall and maybe lawful to and for the said Jn Morley his executors administrators and assigns to take and convert to his and to their own use and uses all the alders growing on the demised premises by sale or otherwise and the said Jn Morley doth covenant for himself and his executors administrators and assigns to and with the said Wm Russell his heirs and assigns that he the said Jn Morley his executors administrators and assigns shall not nor will cut down convert to his own use any alders for the last four years of this demise and the said Wm Russell doth for himself his heirs and assigns covenant with the said Jn Morley his executors administrators and assigns that he and they shall and will allow him the said Jn Morley his executors administrators and assigns at the end or sooner determination of this demise for the number of fallows above mentioned to be left upon the demised premises for every tilth and half tilth they shall have according to the custom of the country and likewise 5s per acre for the rent of the lands which shall be left in fallow and also that the said Jn Morley his executors administrators and assigns shall and may have the use of the barn belonging to the demised premises and also a convenient field belonging to the same to fodder his and their cattle upon at the least fifteen acres and room in the messuages to lay his and their corn in with ingress egress and regress to and from the same by the usual ways until our lady day next after the expiration or sooner determination of this demise and also he and they paying the said yearly rents hereby reserved in manner and form aforesaid and performing and fulfilling and keeping all and singular the covenants grants articles provisos conditions and agreements herein before mentioned which on his and their part and behalf are and ought to be performed fulfilled and kept shall and may during the term demised quietly and peaceably have hold and possess and enjoy all the above mentioned premises with their appurtenances without let suit or molestation of him the said Wm Russell his heirs or assigns or any other person persons lawfully claiming or to claim by from or under him them or any of them in witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year above written Wm Russell