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Freehold Titles (ERO D/DHtT73/17 Edw Potter etc to Jn Sparrow parcel of Gilberts etc)

23.4.4Anne1 (Monday 23 April 1705)

document 29100050

this indenture made the 23.4.1705 between Edw Potter of Colne Engaine in the county of Essex yeoman son and heir of Edw Potter late of Colne Engaine aforesaid yeoman deceased and Geo Potter of the same town and county yeoman the other son of the said Edw Potter and Ann Potter widow and relict of the said Edw Potter deceased of the one part and Jn Sparrow the younger of Earls Colne in the said county saymaker of the other part whereas the said Edw Potter deceased in and by his last will and testament in writing bearing date the 8.4.1704 did amongst other things give and bequeath unto the said Edw Potter and Geo Potter the two sons and to their heirs forever all his copyhold and freehold messuages lands and tenements whatsoever held of the several manors of Earls Colne and Colne Priory situate lying and being in Earls Colne aforesaid upon condition that they the said Edw Potter and Geo Potter his sons should forthwith so soon and conveniently they could sell or dispose of all or such parts thereof as they should think fit and the money arising upon the sale thereof to pay and satisfy mr Edw Abbott all such monies as was then due and owing to him upon mortgage or otherwise both principal and interest and also to pay and satisfy such sum and sums of money as then was and should be due to the children of my sister Read and after the said mr Abbott and the children of the said sister Reade should be fully satisfied their lawful demands both for principal and interest then that should remain either in money or land or houses the mind was should be and remain to the said two sons Edw Potter and Geo Potter and their heirs equally to be divided between them share and share alike and of the said will he did constitute and make his said two sons Edw Potter and Geo Potter sole executors in and by the said will relation being thereunto had more at large it will appear and whereas the said Edw Potter and Geo Potter and Ann Potter have sold and disposed of all the said estate both freehold and copyhold one part thereof to the value of 330li to the said Edw Abbott and another part thereof to Jn Fletcher for the sum of 190li which said sum are and will be enough to satisfy and pay the said Edw Abbott his principal and interest and the remaining part thereof being the messuage or tenement lands and premises hereinafter mentioned the said Edw Potter and Geo Potter have agreed to sell unto the said Jn Sparrow now this indenture witnesseth that the said Edw Potter and Geo Potter for and in consideration of the sum of 140li of lawful money of England to them in hand down paid by the said Jn Sparrow and of the sum of 10li of like money devised by the last will of Edw Potter father of the said Edw Potter deceased to Mary Read since deceased daughter of Wm Read late of Feering deceased and of the further sum of 40li given to the said Mary Read by her uncle Geo Potter deceased both which said legacies the lands and premises hereafter mentioned are charged for the payment thereof and the same remainder due and payable to the executors administrators of the said Mary it being the full sum of 190li the receipt whereof and payments in manner aforesaid the said Edw Potter and Geo Potter do and every of them doth hereby acknowledge and confess thereof and of every part and parcel thereof do and every of them doth clearly acquit exonerate and discharge the said Jn Sparrow the heirs executors and administrators by these presents have granted bargained and enfeoffed released and confirmed and by these presents do and either of them doth grant bargain sell suffer release and confirm unto the said Jn Sparrow and his heirs all things the two pieces or parcels of land or pasture ground with their appurtenances lying and being in Earls Colne aforesaid containing by estimation both together 1a2r one of the said parcels lieth between the garden formerly of Laurance Prior and before that the grounds of Thos Harrison (may be Thos Harrison) and Geo Chatterton on the one part and the lands or gardens formerly of Thos Prior and before that of Thos Spicer on the other part and upon the land or garden formerly of Rich Rookes and before that of Greg Garrard on the part of the north another p art thereof abutteth upon a certain way called Park Lane on the part of the west and upon the lands formerly of Rose Church and Steph Champenny on the part of the east and upon the lands called Bear Croft on the part of the south and also all that pightle or parcel of land or freehold land lately parcel of Gilberts containing by estimation 1a more or less lying and being in Earls Colne aforesaid and abutting upon the lands called Bear Crofts formerly belonging to Thos Allen and Agnes Bieston widow on the part of the south also another part thereof abutteth upon the garden or orchard formerly of Geo Garrard in part and of Jn Orvice in part on the part of the north the queen's highway towards the west which said pieces or parcels of land or pasture ground the grandfather of the said Edw Potter and Geo Potter purchased to him and to his heirs of and from Jn Rookes by deed poll bearing date the 25.7.1635 as by the said deed of purchase appears and also all that their freehold croft of land or pasture ground formerly called Bear Croft and now called or known by the name of the Windmillfield whereupon a windmill lately stood or by whatsoever other name or names the same be called or known by containing by estimation 5a more or less lying in Earls Colne aforesaid between the lands formerly of the earls of Oxford and parcel of Bear Croft towards the east and a chase or drift way leading from Earls Colne aforesaid towards the park there on the west and one head thereof abutting upon the lands sometime of one Robt Rookes towards the north and the other head thereof abutting upon a certain drift or chase way leading from Bearcroft aforesaid towards the south which croft of land or pasture ground the grandfather of Edw Potter and Geo Potter purchased to him and his heirs of and from Toby Cressener gentleman in and by indenture therein date the 30.3.7Chas1 as by the said deed doth more at large appear and also one piece or parcel of marsh or meadow ground heretofore called Spriggs Marsh and now called or known by the name of Wrene Park containing by estimation 1r more or less lying in Earls Colne aforesaid which said piece or parcel of marsh or meadow grounds the grandfather of the said Edw Potter and Geo Potter purchased to him and to his heirs of and from Barth Church by deed poll bearing date the 2.10.1629 as by the said deed appeared all which said pieces or parcels of land or pasture ground and premises and the house and outhouses thereupon built with all and singular the appurtenances now are and so for some years last past hath been in the tenure and possession of the said Jn Sparrow and all ways waters easements profits hereditaments to them or any of them belonging or reputed to be appertaining and the reversion and reversions remainder and remainders of all and singular the herein before mentioned premises and every part or parcel thereof together with the rents issues profits thereunto incident and belonging all deeds writings evidences and muniments touching or in any ways relating to the premises or any of them all are and all or any of them alone and all the estate right title interest dower equity of redemption claim and demand whatsoever of them the said Edw Potter Geo Potter and Ann Potter and every of them of in or to the said crofts pieces or parcels of land and premises and outhouses thereupon built and all and singular other the premises herein before granted and released all which said mes suages lands and premises are situate lying and being in Earls Colne aforesaid and are held of the said several manors of Earls Colne and Colne Priory or one of them to have and to hold the said messuages lands and all and singular the premises with their and every of their appurtenances unto the said Jn Sparrow his heirs and assigns to the only proper use and behoof of the said Jn Sparrow his heirs and assigns forever and the said Edw Potter and Geo Potter and each of them for themselves their and such of their heirs executors and administrators to jointly and severally covenant promise grant to and with the said Jn Sparrow his heirs and assigns by these presents that they the said Edw Potter and Geo Potter are or one of them now is until a perfect conveyance of the premises shall be made thereof according to the intent of these presents shall continue and be lawfully seised of an estate in fee simple of and in all and singular the premises without any condition limitation or power of revocation to alter change or determine the same and that they have full right and lawful power to convey the same to and to the use of the said Jn Sparrow his heirs and assigns and that shall and may be lawful to and for the said Jn Sparrow his heirs and assigns from time to time and at all times hereafter to hold possess and enjoy the said messuage lands and all and singular the premises without the let suit eviction disturbance or interruption of them the said Edw Potter and Geo Potter or either of them their or either of their heirs or assigns or of any other person or persons lawfully claiming or to claim by or under them or any of them or from by or under the said Edw Potter their father Edw Potter their grandfather Geo Potter their uncle or any of them and that free and clear and freely and clearly are acquitted exonerated and discharged of from and against all former and other grants bargains and sales leases mortgages estates rents judgements titles charges and encumbrances whatsoever had made done or suffered or hereafter to be had made done or suffered by the said Edw Potter and Geo Potter the said Ann Potter parties to these presents or any of them or by the said Edw Potter the father unto the said Edw Abbott which is lately satisfied and the said Edw Abbott doth agree to convey or release to the said Jn Sparrow and except the said legacies of 40li and 10li given to the said Mary Reade the interest whereof to the date of these presents is paid to Hen Reade administrator of the goods and chattels of the said Mary Reade and the legacies of 10li and 40li with the interest thereof from the date of these presents by agreement are to continue chargeable on the lands tenements hereby intended to be conveyed and the same legacies and subsequent interest thereof are to be paid by the said Jn Sparrow his heirs executors and assigns and except the rent and services from henceforth to be due and payable to the lord or lords of the said manors whereof the premises or any of them holden for and in respect of the tenure thereof only excepted and foreprized and lastly that they the said Edw Potter and Geo Potter their heirs and all and every other person or persons having or lawfully claiming any estate right or title of or to the premises or any of them shall and will at all times within seven years next ensuing the date of these presents upon request and at the cost and charges in the law of the said Jn Sparrow his heirs and assigns make do or acknowledge levy execute or cause or procure to be made done acknowledged levied and executed all and every such lawful and reasonable act or anything or things conveyance or assurance in the law for the further and better conveyance confirming and assuring of the said messuage lands and premises or any of them to the said Jn Sparrow and his heirs as by the said Jn Sparrow the heirs and assigns his or their counsel learned in the law shall be reasonably advised devised and required so as for the doing thereof he or they be not compelled to travel above ten miles from his or their then place of habitation and so as such further conveyance or assurance do therein contain no further covenant or warranty then only against the party or parties so required to make such further assurance and the said Jn Sparrow for himself his heirs executors or assigns doth covenant promise grant to and with the said Edw Potter and Geo Potter their heirs executors and administrators that he the said Jn Sparrow his heirs executors and administrators shall and will well and trul y pay to the executor or administrator of the said Mary Reade the said several legacies of 10li and 40li and the interest thereof from henceforth to be due and shall and will at his and their cost and charges save harmless and indemnified the said Edw Potter and Geo Potter their and either of their heirs executors or assigns of and from the payment of the said legacies and of and from all costs and damages which they or or any of them shall or may lawfully sustain by reason of the neglect of payment of the said legacies or either of them or the interest of the same or otherwise touching or concerning the legacies or either of them in witness whereof the parties to these presents have hereunto put their hands and seals the day and year first above written Edw Potter Geo Potter Ann Potter Jn Sparrow