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Freehold Titles (ERO D/Q6/2/9 mortgage of Colne Engaine lands)

13.12.1666 (Saturday 13 December 1666)

document 32500005

this indenture tripartate made the 13.12.18Chas2 grace of god king of England Scotland etc anno domini 1666 between Jn Hewes of Halstead in the county of Essex tanner executor of the last will and testament of Thos Fish late of the same town tanner deceased of the first part Robt Niccoll the elder of Colne Engaine in the county aforesaid yeoman of the second part and Phil Robinson of Hyam Hall in the parish of Great Maplested in the said county of Essex gentleman of the third part whereas in and by one indenture bearing date 26.1.1656 made between the said Robt Niccoll of the one part and the said Thos Fish of the other part he the said Robt Niccoll for the consideration of the sum of 150li of lawful money of England therein mentioned to be paid did demise grant and to farm let unto the said Thos Fish all those his tenement or barn and three pieces or parcels of pasture and arable land with three woods or springs thereunto belonging lying together commonly called Crofts or Niccolls Grove or by whatsoever other name or names the same are called or known containing together by estimation 30a more or less lying between the lands called Eagleland on the south and the land called Young Johns towards the north one head thereof abutting upon the king's highway leading from Countice Crosse towards Pebmarsh on the west and the other head thereof abutting upon the lands called Franklinsland and the Wheatleys on the east as the same are lying and being in Colne Engaine aforesaid and then in the occupation of the said Robt Niccoll or his assigns to have and to hold the said several pieces or parcels or land tenement or barn woods and springs and other the premises thereby demised with the appurtenances unto the said Thos Fish his executors administrators and assigns from the day of the said writed indenture unto the full end and term of one thousand years by and under the yearly rent of one peppercorn only upon the 24.6.= with a promise or condition of a redemption thereof upon the payment of the said sum of 150li and the interest thereof to the said Thos Fish at several days and times therein mentioned and now long since past as in and by the said writed indenture relation being had thereunto may more at large appeareth which said sum of 150li the said Robt Niccoll paid to the said Thos Fish in his lifetime the sum of 50li and there remained due to him the said Thos Fish at the time of his death the sum of 100li principal debt and 4li of the interest thereof and no more by reason whereof the said writed indenture and premises are said become absolute unto the said Jn Hewes executor of his last will and testament of the said Thos Fish now this present indenture witnesseth that the said Jn Hewes for and in consideration of the sum of 100li of lawful money of England to him in hand well and truly paid by the said Phil Robinson at and before the ensealing and delivery of these presents the receipt whereof he doth acknowledge and himself therewith fully fully satisfied hath granted bargained sold assigned and set over and by these presents by and with the consent of the said Robt Niccoll testified by his being party to these presents and sealing and subscribing the same doth grant and bargain sell and sign and set over unto the said Phil Robinson his executors administrators and assigns the said messuage lands woods or springs with their and every of their appurtenances and also all his estate right title interest claim and demand whatsoever of in and to the same together with the said writed indenture to have and to hold the said messuage lands and premises with the appurtenances to the said Phil Robinson his executors administrators and assigns for and during all the residue and remainder of the said term of one thousand years yet to come and unexpired and as large ample and beneficial manner and form to all intents and purposes as he the said Jn Hewes now or might hold the same if these presents had never been had or made and the said Jn Hewes for himself his heirs executors and administrators doth covenant promise and grant to and with the said Phil Robinson his executors administrators and assigns that he the said Phil Robinson his executors administrators and assigns shall or l awfully may peaceably and quietly have hold occupy possess and enjoy the said granted premises with the appurtenances for and during the remainder of the said term of one thousand years without the lawful let trouble or interruption of the said Jn Hewes his heirs executors or administrators or any other person or persons claiming by from or under him or the aforesaid Thos Fish deceased nevertheless it is covenanted concluded and agreed by and between the said Phil Robinson and Robt Niccoll and the said Phil Robinson for himself his executors administrators and assigns doth covenant promise and grant to and with the said Robt Niccoll his executors and administrators by these presents that if the said Robt Niccoll his heirs executors or administrators shall well and truly pay or cause to be paid to the said Phil Robinson or to his certain attorney his executors or administrators at or in the now dwelling house of the said Phil Robinson called Hyam Hall situate in Great Maplested aforesaid the sum of 144li of lawful money of England in manner and form following that is to say 40s one part thereof upon 28.1.next ensuing the date of these presents and 6li one other part thereof on the 28.1.1668 according to the computation of the church (date appears here as civil year) and 6li another parcel thereof on the 28.1.1669 and the like sum of 6li upon the 28.1.1670 and 6li another parcel thereof upon the 28.1.1671 and 6li another parcel thereof upon the 28.1.1672 and 6li another parcel thereof on the 28.1.1673 and also 106li residue of the said sum 144li upon the 28.1.1674 without fraud or further delay that then the said Phil Robinson his executors and administrators shall and will upon the reasonable request of the said Robt Niccoll his heirs executors or administrators deliver or cause to be delivered unto the said Robt Niccoll his heirs executors or administrators as well that part of these indentures which is signed and sealed by the said Jn Hewes and him the said Robt Niccoll as also the said writed indenture made by the said Robt Niccoll to the said Thos Fish to be cancelled and the said Robt Niccoll for himself his heirs executors and administrators doth covenant promise and grant and with the said Phil Robinson his executors administrator and assigns by these presents in manner and form following that is to say that he the said Phil Robinson his executors administrators and assigns shall or lawfully may from and after default shall be made in the payment of the said sum of 144li herein before mentioned or any part thereof peaceably and quietly have hold occupy possess and enjoy the said granted premises with the appurtenances for and during the remainder of the said term of one thousand years yet to come and unexpired without the lawful let trouble molestation interruption or eviction of the said Robt Niccoll or his heirs or any other person or persons claiming by from or under him other than the executors administrators and assigns of the said Thos Fish and further that the said Robt Niccoll and Ann his now wife and his heirs shall and will from time to time and at all times during the space of seven years next after default shall be made in the payment of the said sum of 144li or any part thereof upon the reasonable request and at the cost and charges in the law of the said Phil Robinson his heirs executors and administrators or assigns make acknowledge levy suffer and execute or cause to be made acknowledged levied suffered and executed all and every such further and other act devise and assured in the law for the full and perfect conveying assuring and suremaking of the said demised premises with the appurtenances unto and upon the said Phil Robinson his heirs and assigns and that by all sure ways and means as by the said Phil Robinson his executors administrators or assigns or by his and their counsel learned in the law shall be reasonably devised or advised and required with warranty against the said Robt Niccoll and his heirs all which assurances so to be had and made and executed by and between the said parties by virtue of these presents shall be and every shall be deemed adjudged construed and taken to be to the only use and behoof of the said Phil Robinson his heirs and assigns and moreover that he the said Robt Niccoll shall and will well and truly pay or cause to be paid unto the said Phil Robinson his executors administrators or assigns the said sum of 144li at the days and place herein before mentioned according to the true intent and meaning of these presents and it is covenanted conceded agreed by and between the said parties to these presents that the said Robt Niccoll his heirs and assigns shall or lawfully may receive and take the rents issues and profits of the messuages lands and premises herein before mentioned to be granted without lawful let trouble or i nterruption of the said Phil Robinson his executors or administrators until default shall be made in the payment of the said sum of 144li or some part thereof contrary to the true intent and meaning of these presents and lastly the said Phil Robinson doth covenant and grant to and with the said Robt Niccoll that he the said Phil Robinson his executors and administrators shall will upon the payment of any of the sum herein before mentioned according to the true intent and meaning of these presents give an acquittance or other lawful discharge for the said sum so from time to time in witness whereof to one part of these present indentures remaining with the said Phil Robinson the said Jn Hewes and Robt Niccoll have set their hands and seals and to one other part thereof remaining with the said Robt Niccoll the said Jn Hewes and Phil Robinson have set their hands and seals and to the other part thereof remaining with the said Jn Hewes the said Robt Niccoll and Phil Robinson have set their hands and seals the day and year first above written Jn Hewes Phil Robinson