The Viall Indenture transfers the lands of Samuel Viall to King Viall and his heirs. Samuel Vial, who was a wealthy Landowner and Farmer, residing in the adjoining parish of Cavendish, died on 23rd. of Sept. 1855, then leaving two sons Mr. Simon Quy Vial and Mr. Pratt Vial, and a daughter (married). They became famous for historians by exhuming the corpse of their father from Foxearth Churchyard, and reburying it in Otten Belchamps See Sacrilege and Body-stealing
This indenture is interesting mainly in its description of the lands being transferred in Foxearth and Pentlow, and supplying some long lost names of fields and woods.
This indenture made the sixth day of
December in the year of our Lord eighteen fifty five, between Simon Luye
Viall, late of Middleton Hall in the county of Essex but now of Birdbrooke
in the same county, gentlemen of the one part, and Robert Frost Steadman of
Sudbury in the county of Suffolk gentlemen of the other part.
Whereas by a Statutory indenture
bearing the date on or about the 30th day of December 1843 duly inrolled in
the high court of Chancery and made between Samuel Viall, therein described
and since deceased of the first part, the said Simon Luye Viall of the
second part, and King Viall therein also described of the third part.
For the valuable considerations in
the reciting indenture expressed, the said Samuel Viall and Simon Luye Viall
did by virtue and in pursuance of the acts of Parliament therein
respectively referred to grant, bargain, sell, alien release, and confirm
unto the said King Viall and his heirs --
… All that piece of arable land or
pasture being theretofore two crofts or closes commonly called ‘Trunketts’ or by what other names or names soever the same then was,
or had been, called, or known, containing by estimation 4 acres more or
less, and the land theretofore belonging to a tenement or barn burnt down
wherein one Jonathan Wheeler did
formerly dwell with their and every of their appurtenances which said lands
and premises was situate lying and being in
Foxearth aforesaid and were in
ancient times in the occupation of Isaac Mott and afterwards in the occupation of
Thomas Dearsley the elder and
Robert Beaker or one of them abutting upon the land theretofore of
Richard Bullock towards the west
and upon the land theretofore of the said
Thomas Dearsley towards the east
and upon the lands theretofore of
William Malford towards the south and upon the highway leading from
Foxearth Street to
Pollard‘s Cross upon the north.
… And also all that freehold part or
parcel of the field or close of arable land called, or known by the name of,
‘Little Poefield’; which said
field or close contained in the whole nine acres were the same more or less
lying and being in Foxearth
aforesaid and Pentlow in the said
county of Essex or in one or both of them as the same were sometime then
since in the tenure or occupation of
Abraham Scott, his undertenant or undertenants.
… And, after that, of the said
John Aldham and also all those
pieces of freehold land whereof was called ‘Lattingswell’
or otherwise and the other of them ‘Mill
Hill’; land containing together by estimation 2 acres and 3 roods with
the same more or less lying and being in
Foxearth aforesaid.
Also
one other piece of Freehold land on ground containing in length and
breadth by estimation twenty perches or thereabouts, then sometime
parcel of lands then or theretofore called
Chappel Acre abutting upon
Brook Hall lands called
Millfield and lying and being
also in Foxearth aforesaid and
also all that other piece of land containing by estimation 2 acres and one
rood with the appurtenances lying and being in
Foxearth aforesaid in a common
field there commonly called ‘Great Millfield’ near to the lands belonging to
Brook Hall which last mentioned
land and premises were formerly in the occupation of
Ambrose Everard afterwards of
Thomas Baker or his assigns and after that of the said
John Aldham all which said freehold land grounds hereditaments and
premises contained about 32 acres and were then late in the several
occupations of John Aldham
deceased and Mary Aldham his
widow afterwards in the occupation of
David Davies his under-tenants or assigns and after that of the said
John Oldham or his assigns and
then the said Samuel Viall.
… And also all that piece or parcel
of arable land called Barelands
containing by adureasement 6
acres one rood
and seven perches were the same more or less situate lying and being
in aforesaid abutting on a lane called
Bareland Lane leading to
Otten Belchamps towards the north
upon a piece or parcel of pasture ground then or then late of the said
Richard Aldham called
Trucketts
towards the east in part upon a piece of arable land called
Little Heads then lately
belonging to Tatum deceased and
then late in the occupation of David
Davies and afterwards of the said
Richard Aldham towards the west and in part upon a piece of arable land
called Six Acres then or then
late in the occupation of Jacob Brand
towards the south.
… And also all that freehold
messuage or tenements together with all houses, outhouses, barns, stables,
cow houses, cart lodges, yards, gardens, orchards, lands, meadows, pastures,
feedings, chaseways, driftways, hereditaments, and all and singular other
the appurtenances thereunto belonging
or in anywise appertaining or accepted, repuled, or taken as part
parcel or member thereof as all and singular the said premises were situate
lying and being in Foxearth
aforesaid then sometime since in the tenure or occupation of
Thomas Baker, his under-tenants
or assignees which said premises were thereinafter more particularly
mentioned expressed and abutted that was to say one piece of pasture
containing by estimation one acre more or less abutting on the said capital
messuage or tenement towards the north upon the field then late in
the occupation of Mr John Aldham called or known by the name of
The One Acre And A Half
Field towards the south upon a field then late in the occupation of Mr
Adams called The Croft towards
the east upon a field then belonging to and then late in the occupation of
the said John Aldham called
Home Field towards the
west.
… And one other piece of pasture
adjoining to the last mentioned piece containing by estimation one acre more
or less abutting upon the said croft in the occupation of
Mr Adams towards the north upon the field next thereinafter
mentioned called The Four Acre Field
towards the south upon the field called
The Acre Field then late in the
occupation all and then belonging to the said
John Aldham towards the east and
upon the said field called The One
Acre And A Half Field then late in the occupation of the said
John Aldham towards the west.
… Also one other piece of arable
land adjoining containing by estimation four acres with the same more or
less abutting upon the said field called
The One Acre And A Half Field,
then late in the occupation of the said
John Aldham in part, and upon the
said last mentioned piece of pasture in part towards the north upon
Dunfons Wood belonging to
Brook Hall formerly in the
occupation of James Brown in part
and the common field belonging to
Foxearth in part towards the south upon the field next thereinafter
mentioned called The Four Acre And An
Half Field towards the west and upon a piece of
Glebe land belonging to the
Parsonage Of Foxearth, called
Dunjons Field then late in the
occupation of the said John Aldham
towards the east.
… Also one other piece of arable
land adjoining containing by estimation four acres and a half more or less
abutting upon a field then late in the occupation of and belonging to the
said John Aldham called the
Home Field towards the north upon
the said wood called Dungeons Wood
towards the south upon a piece of land next hereinafter mentioned called
The Six Acre Field towards the
west and upon the last mentioned field called
The Four Acre Field towards the
east.
…
And one other piece of arable land
also adjoining containing by estimation 6 acres more or less abutting upon a
field called Trunketts
then late in the occupation of and
belonging to the said John Aldham
towards the north upon a field call called
Peartree Field formerly in the
occupation of Mr Golding Bullock
in part and upon the field called
Harplot then also in the
occupation of the said Golding
Bullock in part towards the south upon a field called
Bear Land then late in the occupation of and belonging to
John Bullock in part and upon a
field called Heads then late in
the occupation of the said Golding
Bullock in part towards the west and upon the last mentioned field
called The Four Acre And A Half Field towards the east.
… Also one piece of pasture
containing by estimation one rood more or less abutting upon the
the road leading from Foxearth to Sudbury in
the county of Suffolk towards the
north upon a piece of glebe land belonging
to The Parsonage Of Foxearth
called The Share, then late in
the occupation of the said John
Aldham towards the south and upon the said field called
The Share towards the east and
upon the cottage thereinafter mentioned
then late in the occupation of John
Wilkins towards the west.
… And also one piece of meadow
containing by estimation one acre and one rood more or less abutting upon
the piece of land then late in the occupation of
Mr Charles Jay called
Bare Hill towards the north upon
the aforesaid road leading from Foxearth to Sudbury
towards the south upon piece of meadow formerly in the occupation of
John Ross Esquire being paled in
and belonging to William Campbell
Esquire towards the east and upon a meadow called
Wash Meadow then in the
occupation of the said John Bullock and belonging to
Henry Dashwood Esquire towards the west.
… Also one other piece of pasture
containing by estimation half an acre more or less abutting upon the capital
messuage or Manor House Of Foxearth
then late in the occupation of Mr
Richard Aldham towards the north
upon the cottage thereinafter mentioned adjoining to
the said piece of pasture then late in the occupation of
Thomas Goymore towards the south
on a piece of meadow or pasture ground called
The Park then late in the
occupation of the said Richard Aldham towards the
east and upon the road leading from
Foxearth to Cavendish towards
the west.
… And also one piece of arable land
called Cole Croft containing by
estimation four acres more or less abutting upon a road leading from
Foxearth towards Liston
towards the north upon a meadow called
Church Meadow, then late in the
occupation of the said John Bullock and formerly belonging to the said
Henry Dashwood
Esquire towards the south upon a
field called Splint Field then
late in the occupation of the said
John Bullock and belonging to the said
Henry Dashwood esquire towards
the east and upon the said piece of meadow or pasture ground called
The Park then late in the
occupation of the said Richard Aldham
towards the west.
… And also all that messuage or
cottage then late divided into three but then to several tenements with the
yards adjoining and belonging to the same, formerly in the several tenures
or occupations of John Cole,
Rosamond Cook single woman, and
Henry Charter and then late of
Samuel Parmenter and
Abram Hardy which last mentioned
messuage cottage or tenements were next to the road leading from
Foxearth to
Cavendish on the side of the
Great Gate there,
… And
also one messuage or tenement near adjoining then late in the occupation of
Thomas Smith.
… And
also one other cottage and yard adjoining formerly in the occupation of
Thomas Goymore and then late of
William Agar near to the last
mentioned cottage or tenant and were situate lying and being in Foxearth aforesaid. As the said farmhouse lands and premises with
certain copyhold lands contained together by common estimation thirty acres
more or less and the fields
thereof were known and distinguished by the names and contained the
quantities following (that was to say the site of the messuage and yard with
the orchard containing one acres and two roods, the pightle containing three
roods. The
Six Acres containing seven acres
The Five Acres containing five acres;
Coal Croft containing five
acres). the piece on the common containing two acres and two roods.
…
And also all that the site of a messuage or tenement
with all and singular the houses,
outhouses, barns, stables, and buildings then pulled down, and the yards
gardens and orchards thereto
belonging.
…
And all those two crofts of land theretofore belonging and adjoining to the
said messuage or tenement containing by estimation five acres were the same
more or less which said land and premises were situate lying and being in
Foxearth and Pentlow in the county of Essex and was sometime then since the
estate of John Chrissall, and
after that of William Carter.
… And
also all those freehold lands containing seven acres and an half were the
same more or less lying and being in
Foxearth aforesaid, formerly in the several tenures or occupations of
Richard Aldham and
John Aldham and then since of the said
Samuel Jay and situate on the left side of the field called
Poe Field abutting towards the
north formerly the estate of Anne
Whitmore spinster and conveyed by her to the said
Samuel Jay deceased in exchange
for other lands then late of the
said Samuel Jay all
which said freehold lands and
hereditaments last thereinbefore
mentioned and described together with certain copyhold hereditaments
were then known, called, and described by the several names and
contained the several quantities thereinafter mentioned were the same
severally more or less that was to say the first
Crystall or
Crysall Field, five acres two
roods and ten perches. The second
Crystall or
Crysall
Field two acres, three roods
and ten perches and
Poe
Field seven acres and five
perches as the same premises were then late in the occupation of the said
Samuel Jay deceased, afterwards of the said
Philip Jay and James Cole
or one of them there or some or one of their undertenants or assigns and
then of the said Samuel Viall and were situate lying and being in the
parishes of Pentlow and
Foxearth aforesaid or some
other adjoining parish or place in the County of Essex.
… And all other messuages,
farms, and tenements and
hereditaments of the said Simon Luye
Viall situate in the said parishes of Foxearth, Pentlow
or any adjoining parish In the said county of Essex comprised in the
existing indenture.
… And
all houses, outhouses, buildings, barns, stables, yards, gardens, orchards,
lands, meadows, feedings, pastures, common, and all commonable lands,
timber, other trees, woods, underwoods, hedges, ditches, mounds, fences,
ways, paths, passages, waters, watercourses, privileges, commodities,
advantages, and apportionments whatsoever to the said messages or tenements
lands hereditaments and premises respectively belonging or in anywise
appertaining or at any time theretofore used and enjoyed there with or
accepted refuted deemed or taken as part parcel or member thereof
or any part thereof.