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Freehold Titles (ERO D/Q6ACC 6029/51)

4.11.1643 (Saturday 4 November 1643)

document 32700170

this indenture made the 4.11.1643 etc between Thos Harlakenden the elder of Earls Colne in the county of Essex gentleman and Thos Harlakenden the younger son and heir apparent of the said Thos Harlakenden of Earls Colne aforesaid gentleman of the one part and Rich Harlakenden of Earls Colne in the same county esq of the other part witnesseth that the said Thos Harlakenden the elder and Thos Harlakenden the younger for and in consideration of 100li of lawful money of England to them in hand paid by the said Rich at and before the ensealing and delivery of these presents whereof they do hereby acknowledge the receipt and of and from the same and every part thereof doth hereby acquit and release the said Rich Harlakenden his heirs executors and administrators have granted enfeoffed and confirmed and by these presents do grant enfeoff and confirm unto the said Rich Harlakenden and his heirs all those freehold closes fields or parcels of meadows or pastures with the appurtenances called or known by the name of     or however otherwise called situate lying and being in Earls Colne aforesaid being part of a meadow called Hall Meadow formerly used for a hopground containing by estimation 5a more or less and now in the occupation of Arth Fuller or his assigns lying between a meadow of the said Thos Harlakenden called Hall Meadow towards the east and the lands of Edw Spooner and the widow Abbut one head thereof abutting upon the meadow of the said Rich Harlakenden towards the south the other head abutting upon the close called the Pightle leading unto Hall Meadow being the pightle of the said Thos Harlakenden the elder and now in his own occupation towards the north and the reversion and reversions remainder and remainders of the same and the estate right title interest claim and demand whatsoever of them the said Thos Harlakenden the elder and Thos Harlakenden the younger their heirs and assigns of into the said closes fields or parcels of land meadow or pastures with the appurtenances to have and to hold the said closes fields or parcels of land meadow or pasture above mentioned with all and singular the appurtenances unto the said Rich Harlakenden his heirs and assigns to the only use and behoof of the said Rich Harlakenden and of his heirs and assigns forever and to no other use intent or purpose whatsoever and the said Thos Harlakenden the elder and Thos Harlakenden the younger for themselves their heirs executors and administrators do covenant promise and grant to and with the said Rich Harlakenden by these presents in manner and form following that is to say that the said Thos Harlakenden the elder and Thos Harlakenden the younger or one of them now are lawfully seised of the said premises with the appurtenances of a good and absolute estate in fee simple to them and their heirs or to one of the and his heirs and that they or one of them now have or hath full power right and authority to convey and grant the same as aforesaid and that the said premises now are and be and so shall and may forever hereafter remain continue and be according to the true meaning of these presents to the said Rich Harlakenden his heirs and assigns free and clear and freely and clearly exonerated acquitted and discharged or otherwise upon reasonable request shall be by them or one of them or by their heirs saved and kept harmless of and from all former and other bargains sales leases jointures dowers statutes charges titles and encumbrances whatsoever had made committed or suffered or to be had made committed suffered or done by the said Thos Harlakenden the elder and Thos Harlakenden the younger or any other person or persons claiming by from or under them or either of them provided always and upon condition and it is covenanted granted concluded and agreed by and between the said parties and hereby declared that if the said Thos Harlakenden the elder or Thos Harlakenden the younger or either of them their or either of their heirs executors or administrators shall well and truly pay or cause to be paid to the said Rich Harlakenden his executors or administrators at or in the now dwelling house of the said Rich Harlakenden situate in Earls Colne aforesaid 3li10s of lawful english money in or upon the 1.5.next ensuing the date hereof or within six days after and 3li10s of lawful english money in or upon the 6.11.1644 then next ensuing or within six days after and 3li10s of like lawful money in or upon the 7.5.1645 or within six days then following and 3li10s of like lawful english money in or upon the 8.11.1645 next ensuing or within six days then following and 3li10s of like lawful money in or upon the 9.5.1646 or within six days then following and 3li10s in or upon the 10.11.1646 then next following or within six days ensuing and 3li10s of like lawful english money in or upon the 11.5.1647 or within six days then next following and 103li10s of like lawful english money in or upon the 12.11.1647 then next ensuing or within six days then next following that then from thenceforth it shall and may be lawful to and for the said Thos Harlakenden the elder and Thos Harlakenden the younger into the said premises with the appurtenances wholly to reenter and the same to have again as in his and their former estates this indenture or anything therein contained to the contrary notwithstanding and the said Rich Harlakenden doth for himself his heirs and assigns covenant promise and grant to and with the said Thos Harlakenden the elder and Thos Harlakenden the younger the ir heirs and assigns by these presents that it shall and maybe lawful to and for the said Thos Harlakenden the elder and Thos Harlakenden the younger and their heirs to have and take the rents issues and profits of the premises until default be made in payment of any the foresaid several sums or any part thereof except of the profit of the timber or trees growing upon the premises which by agreement betwixt the said parties are not to be lopped topped or cut down until default be made in some of the payments aforesaid or until the said several payments be made as aforesaid in witness whereof the parties above mentioned to these present indentures interchangeably set their hands and seals the day and year first above written Rich Harlakenden (outside) sealed and delivered in the presence of Rich Nevile Robt Greene and me Jn Reade junior