Freehold Titles (ERO D/Q6ACC 6029/73)

23.12.1Jas2 (Friday 23 December 1685)

document 32800581

this indenture made the 23.12.1685 between Wm Newton of Earls Colne in the county of Essex cordwainer of the one part and Robt Potter of Earls Colne aforesaid grocer of the other part witnesseth that the said Wm Newton for and in consideration of the sum of 16li of good and lawful money of England to him in hand paid by the said Robt Potter the receipt whereof the said Wm Newton doth hereby acknowledge and thereof and of every part thereof doth acquit and discharge the said Robt Potter his executors and administrators by these presents hath granted bargained and sold demised and to farm let and by these presents doth bargain and sell demise and to farm let unto the said Robt Potter all that cottage or tenement with a curtilage or yard thereunto belonging lying on the south side of a street called Holdstreete containing by estimation 15p more or less now in the occupation of the said Wm together with all ways easements profits hereditaments and advantages whatsoever with the appurtenances to the said cottage curtilage and tenement or either of them belonging to or with the same used or enjoyed or reputed or taken to be appertaining and the reversion and reversions remainder and remainders of all and singular the premises and every part thereof and all the estate right title interest claim and demand of him the said Wm Newton of in or to the premises or any of them to have and to hold the said cottage tenement or curtilage with all and singular the premises thereby bargained and sold or hereby intended to be bargained and sold with the appurtenances to the said Robt Potter his executors administrators or assigns from henceforth for and during the full time and term of five hundred years next ensuing and fully to be complete and ended yielding and paying therefore yearly and every year during the said term the rent of one peppercorn on 29.9. if the same be lawfully demanded provided nevertheless and these presents are upon this express condition that if the said Wm Newton shall well and truly satisfy content and pay or cause to be well and truly satisfied contented and paid unto the said Robt Potter his executors administrators or assigns at or in the now dwelling house of the said Robt situate in Earls Colne aforesaid full and just sum of 16li19s2d of good and lawful money of England in manner following that is to say 9s7d part thereof upon the 23.7.1686 and 16li9s7d residue in full payment thereof upon the 23.12.1686 then next following and that without any deduction defalcation or abatement of or for any taxes subsidies or other charges whatsoever due or payable hereafter to be due or payable for the premises or any part thereof or the said money hereby secured by any act of parliament or otherwise howsoever that then and from thenceforth from and after such payments so truly made this present indenture of bargain sale and lease and estate for five hundred years thereby granted shall cease determine and be utterly void to all intents and purposes whatsoever any thing herein contained to the contrary thereof in anywise notwithstanding and the said Wm Newton doth for himself his heirs executors and administrators covenant grant and agree and with the said Robt Potter his executors administrators and assigns and to and with every of them by these presents that he the said Wm Newton his heirs executors administrators or assigns some or one of them shall and will well and truly pay or cause to be paid to the said Robt Potter his executors administrators or assigns or to some or one of them the said 16li19s2d at the days and place as in the said proviso is expressed without any abatement of or for any taxes or other charges according to the tenor and effect of the said proviso or condition and that if any default shall be made in the payment of the said 16li19s2d contrary to the condition aforesaid that then and from thenceforth from and after such default it shall and may be lawful to and for the said Robt Potter his executors administrators or assigns into all and singular the said cottage or tenement curtilage and all other the premises peaceably and quietly to enter and the same to hold and enjoy and the rents issues and profits there to take and receive to his and their own use and uses for and during the rest and residue of the said term of five hundred years therein to come and unexpired without the lawful let suit trouble disturbance or eviction of him the said Wm Newton his heirs or any persons or persons whatsoever and that free and clear and freely and clearly acquitted exonerated and discharge or otherwise by the said Wm Newton well and sufficiently saved and kept harmless of from and against all and all manner of former other gifts grants entails mortgages leases statutes judgements extents executions and all other estates titles charges and encumbrances whatsoever had made done or suffered by any other person or persons whatsoever and that the said Wm Newton and his heirs shall and will from time to time and at all times hereafter upon reasonable request of him the said Robt Potter his executors administrators or assigns make do acknowledge or cause to be made done acknowledged any such further act or acts assurance or assurances in the law as by counsel shall be advised for the better establishing and suremaking of the p remises unto the said Robt Potter his executors administrators or assigns in witness whereof the parties to these presents have hereunto put their hands and seals the day and year first above written mark Wm Newton sealed and delivered in the presence of Geo Toller Dan Nightingale