The Foxearth and District Local History Society
The Viall Indenture

A transcription of a victorian legal document

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.