Freehold Titles (ERO D/Q6/2/3 settlement concerning Roger Harlakenden and Dorothy Cheney)

28.5.1593 (Monday 28 May 1593)

document 32400405

this indenture made the 28.5.35Eliz1 by the grace of god etc between Roger Harlakenden of Earls Colne in the county of Essex esq of the one part and Wm Rowe of the other part of Waltham Forest in the same county of Essex esq Thos Harlakenden gentleman second son of the said Roger and Dorothy Cheney one of the daughters of Jn Cheney late of Chesham Boys in the county of Buckingham esq deceased of the other part witnesseth that it is condescended and agreed by and between every of the said parties that the said Thos Harlakenden by the assurance of almighty god shall marry and take to wife the said Dorothy Cheney a nd that the said Dorothy shall receive in marriage and take to husband the said Thos Harlakenden if the said Thos and Dorothy for their parts shall and will thereunto assent and agree and the laws of the holy church permit and allow the same in consideration of which said marriage and to the intent that some certainty of living and jointure maybe had made and promised to and for the said Dorothy Cheney and also for and in consideration of the natural love and affection that the said Roger Harlakenden beareth unto the said Thos Harlakenden his son and for his better perfection and advancement in marriage with the said Dorothy Cheney and for the advancement of the heirs male of the body of the said Thos Harlakenden lawfully to be begotten the said Roger Harlakenden for him his heirs executors administrators and assigns and every of them doth covenant and grant to and with the said Wm Rowe his executors and administrators by the presents that the said Roger Harlakenden his heirs and assigns and all and every other person and persons their heirs and assigns which now be or at any time hereafter shall stand and be seised of the messuages lands tenements and hereditaments to hereafter in these presents expressed and declared shall stand and be seised thereof and of every part and parcel thereof with the appurtenances to the only use and uses under the promise hereafter in these presents limited and appointed that is to say of all that great lodge and capital messuage with the appurtenances situate and being in the late dissolved park or grounds called Colne Park in the parish of Earls Colne in the said county of Essex and of all houses edifices buildings orchards and gardens to the same great lodge and capital messuage belonging and appertaining or used demised leased or occupied to or with the same and also of all those arable lands meadow pasture and woodground with the appurtenances appertaining by estimation 380a part of the said late dissolved park being in Earls Colne aforesaid whereunto the said great lodge and capital messuage demised from other the lands of the said Roger Harlakenden in Earls Colne aforesaid by a cartway lately made and laid leading from Earls Colne towards Markshall directly cross Colne Park and do extend lie from the same way towards the west and now been in the occupation of one Robt Sybthorpe or his assigns also of one meadow called the Hall Meadow containing by estimation 14a in Earls Colne aforesaid one little pasture or croft containing by estimation 1a in Earls Colne between Hall Meadow and the highway and of one small pightle or meadow in Earls Colne aforesaid being between Hall Meadow and the river in the occupation of the said Robt Sybthorpe or his assigns and also of all lands tenements and hereditaments whatsoever of the said Roger Harlakenden in Earls Colne aforesaid in the occupation of the said Robt Sybthorpe or his assigns with all their profits comodities and appurtenances and also of the reversion and reversions of all and singular of the premises aforesaid with their appurtenances to the use and behoof of the said Thos Harlakenden for term of his natural life and after his decease to the use and behoof of the said Dorothy Cheney for term of her natural life for and in consideration of her jointure and after the decease of the said Dorothy to the use and behoof of the said Thos Harlakenden and his heirs male of his body lawfully begotten and for default of such issue to the use and behoof of the said Roger Harlakenden and of his heirs forever and of all that messuage or tenement with the appurtenances in Earls Colne aforesaid situate in the said late disparked park now or late in the occupation of Jn Kendal or his assigns 93a of land meadow and pasture with the appurtenances in Earls Colne aforesaid lying along by the aforesaid 380a of land towards the west and now or late in the occupation of the said Jn Kendal or his assigns and of one other messuage with a croft adjoining and one hopground containing by estimation 28a now in the occupation of the said Roger Harlakenden or of his assigns being in Earls Colne aforesaid to the use and behoof of the said Thos Harlakenden and the heirs male of his body lawfully begotten and for default of such issue to the use of the said Roger Harlakenden his heirs forever provided always that from and after the end and expiration of one lease had and made by the said Roger Harlakenden unto the said Robt Sybthorpe by indenture bearing date the 29.10.33Eliz1 that now is from the feast of michaelmas then last past from the term of twenty one years of the aforesaid great lodge and capital messuage and other the premises limited and appointed to for the jointure of the said Dorothy Cheney the use only of and in the aforesaid meadow called Hall Meadow the little pasture or croft adjoining containing 1a and the foresaid final pightle or meadow lying between the Hall Meadow and the river cease and determine as unto the said Dorothy only and not otherwise and from thenceforth be remaining and come unto the said Thos Harlakenden and to the heirs male of his body lawfully begotten and to be begotten and for default of such issue to the use of the said Roger Harlakenden and his heirs forever and the said Roger Harlakenden for him his heirs executors and administrators and every of them doth covenant and grant to and with the said Wm Rowe his executors and administrators by these presents that the said Roger Harlakenden at the ensealing and delivery of these presents standeth and is and lawfully sole seised in his own right and to his own use all and singular the premises aforesaid with the appurtenances of a good lawful profit and absolute estate of inheritance in fee simple without any demand of condition or limitation to alter change or determine the same and that the said Dorothy Cheney and her assigns during her natural life immediately from and after the death of the said Thos Harlakenden shall or lawfully may have hold and enjoy so much of the premises aforesaid with the appurtenances as been declared limited and appointed to and for the jointure of the said Dorothy Cheney and the rents issues revenues and profits thereof receive perceive and take without and lawful let trouble denial disturbance or interruption of the said Roger Harlakenden and his heirs or any other person or persons claiming or that shall or may claim any estate right title or interest of in or to the same premises or any part or parcel of by from or other the s aid Roger Harlakenden his heirs or assigns or any of them except the said Robt Sybthorpe his executors and assigns claiming the said great lodge and capital messuage other the premises limited and appointed to and for the jointure of the said Dorothy Cheney by or under the aforesaid term of twenty one years only during which term the yearly rent of 100li shall be yearly due and payable for the same to the said Dorothy Cheney or her assigns and also that the said Thos Harlakenden his heirs and assigns shall or may quietly peaceably have hold and enjoy all and singular the premises aforesaid with the appurtenances and the rents issues revenues and profits thereof receive perceive and take without any lawful let trouble denial or interruption of the said Roger Harlakenden his heirs or assigns or of any other person or persons claiming or that shall or may claim any estate right title or interest of in or to the premises aforesaid or any part or parcel thereof by from or under them or any of them except as before excepted and the said Roger Harlakenden for him his heirs executors and administrators and every of them doth covenant and grant to and with the said Wm Rowe his executors and administrators by these presents that the said Roger Harlakenden and his heirs at all times hereafter within three months next after reasonable request or requests to him or them to be made by the said Wm Rowe his executors or assigns or by the said Thos Harlakenden and Dorothy Cheney or one of them or by the heirs or assigns of the said Thos shall and will at the costs and charges of the said Roger Harlakenden his heirs or assigns do make acknowledge and suffer or cause to be done made acknowledged and suffered all and every such further reasonable act and acts thing and things demise and demises in the law for the further or better conveying and assuring the premises and every or any part or parcel thereof with the appurtenances unto the said Thos Harlakenden and Dorothy Cheney according to the several limitations and price aforesaid as by the said Wm Rowe Thos Harlakenden and Dorothy Cheney or any of them or the heirs or assigns of the said Thos and Dorothy or any his her or their counsel learned in the law shall be reasonably advised demised and requested be it by fine feoffment reckoned with single or double voucher or vouchers deed or deeds enrolled release or confirmation or by all or every of the said ways or means with warranty against the said Roger Harlakenden and his heirs or without warranty and the said Dorothy Cheney for her her executors and administrators doth covenant and grant to and with the said Roger Harlakenden his executors and administrators by these presents that if it shall fortune the said Roger Harlakenden and Dorothy Cheney to survive and outlive the said Thos Harlakenden that then the said Dorothy Cheney her executors administrators and assigns shall and will well and truly satisfy content and pay or cause to be contented and paid unto the said Roger Harlakenden yearly during his natural life of the yearly rents issues revenues and profits by her to be reckoned of the premises by the presents limited and appointed to and for the jointure of the said Dorothy Cheney the sum of 20li of lawful english money at michaelmas and annunciation or within twenty days next ensuing end of the same feasts by even and equal portions the first payment thereof to begin at such of the feasts aforesaid as shall first happen next after the death of the said Thos Harlakenden in witness whereof every of the said parties to these etc Wm Rowe Thos Harlakenden