| Indenture recording a Fine [Note 1] between the Potter family and James Boy, both of Colchester 25 January 1715. Conveyance of buildings and land in Abberton, Fingringhoe and Peldon.
Transcribed by Elaine Barker September 2020
1. This indenture Made the Five & twentieth day of January in the seconde yeare of the Reigne of our Sovereigne Lord George by the Grace
2. of god of Greate Britaine France Ireland King Defender of the Faith &c[etera] Anno [faded] Between John Potter of Colchester in the County of
3. Essex Esq[uir]e & Mary his wife James Potter of Colchester afores[ai]d gent John Potter the Younger of the same gent & Elizabeth Potter of the same Sp[inste]r which
4. said James Potter John Potter & Elizabeth Potter are the only Surviving Children of the said John Potter the Elder begotten on the body of the said
5. Mary his wife of the one part And James Boys of Colchester afores[ai]d Baymaker of the other part Witnesseth that for the barring and
6. destroying the Estate Tayle being and depending on the Mesuages Lands Tenements & Hereditam[en]ts hereafter menc[i]oned & for the Selling and
7. issueing the same To & for the Uses Intents & purposes hereafter limitted declared and appointed Itt is hereby Covenanted granted Concluded &
8. agreed by and between all the said partys to these presents That they the said John Potter & Mary his wife James Potter John Potter the younger &
9. Elizabeth Potter shall & will before the End of this present Hillary terme [Note 2] or some other Subsequent terme Att the Costs & Charges of the said John
10. Potter the Elder in due forme of Law acknowledge & levy before his Maj[es]ties Justices of his highness Court of Comon pleas all Vestm[en]t unto the
11. said James Boys & his heires One Fine Sur conuzans de droit come ceo [Note 3] &[ce]t[era] with proclamac[i]ons to be thereupon had according to the forme of the
12. statute in that case made & provided Of all that Mesuage or Tenem[en]t heretofore called or knowne by the name of Cookes or Millers & now
13. comonly called or knowne by the name of the Pantyle House or by whatsoever other name or names the same is called or knowne And
14. of all Houses Outhouses Edifices Buildings Barnes Stables Yards Orchards Gardens Lands Meadows pastures Feedings conteining by estimac[i]on
15. forty acres more or less ways waters Easem[en]ts profitts Comoditys Hereditam[en]ts & appurten[au]nces w[ha]tsoever to the said Mesuage or Tenem[en]t belonging
16. or in any wise app[ur]teining or therewith now Used occupied or enjoyed Scituate lying & being in Abberton Fingringhoe & Peldon in the said
17. County of Essex some or one of them & now or late in the tenure or occupac[i]on of Joshua Harris his Assignee or Assignes And also of all
18. that Mesuage or Tenem[en]t heretofore called or knowne by the name of Lokers & now knowne by the name of the Malting Office And of all
19. Houses Outhouses Ediffices Buildings Barns Stables Maulthouse Yards Orchards Gardens Lands Meadows Pastures Feedings conteining by estimac[i]on
20. twelve acres more or less ways waters Easem[en]ts Proffitts Priviledges Comoditys Hereditam[en]ts & app[ur]tences w[ha]tsoever thereto belonging or in any
21. wise app[ur]teining Scituate & lying & being in Peldon in the said County of Essex & now in the tenure or occupac[i]on of the said John Potter the Elder
22. & Samuel Luffe their Assignee or Assignes And also of all other the Freehold Mesuages Lands Tenem[en]ts & Hereditam[en]ts of them the said John Potter
23. & Mary James Potter John Potter the younger & Elizabeth Potter or any of them in Abberton Fingringhoe & Peldon aforesaid or any of them by
24. such apt & Convenient names number of acres quantitys qualities & other discripc[i]ons as in that behalfe shall be thought requisite And it is
25. hereby further covenanted declared concluded & agreed by & between all the said partys to these p[re]sents for themselves & their respective heires
26. That as well the said Fine so as afores[ai]d or in any other manner to be levied as also all & every other Fine & Fines & all other Assurances w[ha]tsoever
27. hereafter to be had levied suffered or executed of the said Mesuages or Tenem[en]ts Lands & p[re]misses with the app[ur]tences or any part thereof by or
28. between the said partys to these presents shall be & enure [Note 4] & shall be adjudged construed [damaged] expounded & taken to be & enure & is & are hereby
29. declared to be & enure To the several Uses Intents & purposes hereafter declared limitted [damaged] that is to say To the use of such person & persons
30. & of & for such Estate & Estates & under such provisoes Condic[i]ons & limitac[i]ons & in such sort manner & forme as the said John Potter the Elder shall by
31. any Deed or Deeds in Writing under his hand & Seale testified by two or more credible wittnesses from time to time declare limitt or appoint
32. And as the estate & Estates so to be appointed (if any shall happen to be) shall respectively end or determine And as to so much of the said p[re]misses
33. whereof no such appointm[en]t shall be made And in default of & in the mean time untill such declarac[i]on limittac[i]on or appointm[en]t To the only use
34. & behooffe of the said John Potter the Elder his Heires & Assignes for ever And to & for none other Use intent or purpose wh[at]soever In.....
[the following line or lines are hidden by the fold at the bottom of the document]
[Seals and signatures of]
John Potter James Potter John Potter jun Elizabeth Potter
Mary Potter
[Reverse] Potter
to } Deeds to levy a Fine
Boys Date 25 die January
1715
Note 1: A Fine is a means of conveying property
Note 2: Hilary Term is January to March, still used in Oxford University
Note 3: Sur conuzans de droit come ceo is a legal term for a type of Fine
Note 4: enure is another legal term meaning to belong or be available to
This document has five wax seals depicting a ship and harbour surrounded by the word Dunkirk.
The properties conveyed are
Cookes or Millers now known as Pantile House, and buildings and lands lying in Abberton, Fingringhoe and Peldon
Lokers now known as Malting Office, buildings and land, in Peldon, in the tenure of John Potter the Elder and Samuel Luffe.
All other Freehole land in Abberton Fingringhoe and Peldon held by John Potter, Mry James Potter, John Potter the younger and Elizabeth Potter.
| 
