A website from the Massachusetts Historical Society; founded 1791.

Papers of the Winthrop Family, Volume 2

186
Deed of John Winthrop and His Sons John and Henry1
Winthrop, John Winthrop, John, Jr. Winthrop, Henry Hobson, Thomas Hobson, Frances

1630-01-14

Wynthropp armiger et alii et hobson et alia.

This Indenture made the Fourteenth day of January in the Fiveth yeare of the Raigne of our soveraigne lord Charles by the grace of God of England Scotland France and Ireland kinge defender of the Faith etc. Betweene John Winthropp of Grotton in the Countie of Suffolk Esquire John Winthropp gent. sonne and heire apparant of the said John and henry Winthropp gent. second sonne of the said John the Father of the one parte And Thomas hobbson of Sutton in the Countie of Essex gent., and Francis his wife2 of the other parte Witnesseth that the said John Winthropp John Winthropp and henry Winthropp for and in consideracion of the somme of six hundred poundes of lawfull money of England to them in hand payd before then-sealinge and deliverie of these presentes by the said Thomas hobson the receipte whereof they doe by these presentes acknowledge and thereof and of every parte and parcell thereof doe cleerely acquite exonerate and discharge the said Thomas hobbson his heires executors and administrators by these presentes have granted bargained sold aliened enfeoffed and confirmed and by these presentes doe cleerely and absolutely grante bargaine sell aliene enfeoffe and confirme vnto the said Thomas hobson and Francis his Wife All those mesuages or tenementes called or knowne by the name of Brayes scituate lying and beinge in Rochford hackwell Assingdon Canewdon little Stambridge and Eastwood3 in the said Countie of Essex or one of them with all houses edifices buildinges yardes Gardens and Orchardes to the said mesuages or tenementes belonginge or apperteyning and all those severall parcelles or closes of land meadowe and pasture hereafter mencioned that is to say one close or feild with thappurtenaunces called or knowne by the name of Reignoldes conteyning by estimacion nine acres two roddes and twentie perches be the same more or lesse and one other close or feild with thappurtenaunces called or knowne by the name of Nicholas crofte and louleynse crofte conteyning by estimacion eleaven acres two roodes and twentie three perches be the same more or lesse one other close or feild with thappurtenaunces called Dunstalles conteyning by estimacion six acres three roodes and seaven perches be the same more or lesse one close or crofte with thappurtenaunces over against the gate of Brayes tenemente conteyning by estimacion one acre one rood and two perches be the same more or lesse 187one peece or parcell of ground heretofore in three severall parcelles conteyning by estimacion six acres and eleaven perches be the same more or lesse abuttinge vppon the landes of Sir James Bourcher knight vppon the North and West and vppon the landes now or late in the occupacion of one French on the East two feildes or parcelles of ground with thappurtenaunces beinge heretofore five severall parcelles conteyning by estimacion six acres three roodes and ten perches be the same more or lesse abuttinge vppon the landes of the sic sir James Bourcher on the West and the aforesaid last mencioned parcell of ground on the North and the kinges highway leadinge from Rayleigh towardes Ballardes grove on the South one close or feild with thappurtenaunces conteyning by estimacion seaven acres three roodes and foure perches be the same more or lesse abuttinge vppon the aforesaid landes now or late in the tenure or occupacion of the said French on the North and the said kinges high way leading from Rayleigh towardes Ballardes Gore on the South and the way leadinge towardes Fambridge Ferry on the East all which the aforesaid peeces and parcelles of ground doe abutt vppon the aforesaid kinges high way leadinge from Rayleigh towardes Ballardes Geoare on the South and one other close or feild with thappurtenaunces called the East parte of homefeild conteyning by estimacion three acres and thirtie five perches be the same more or lesse one other close or feild with thappurtenaunces called or knowne by the name of lane crofte conteyning by estimacion five acres three roodes and seaventeene perches be the same more or lesse one close or feild called Peasfeild with thappurtenaunces abutting vppon the said kinges high way leadinge from Rayleigh towardes Ballardes Gore on the North and parte of homefeild on the East conteyning by estimacion one acre and five perches be the same more or lesse one peece or parcell of land with thappertenaunces called Attwelles land heretofore the inheritance of one Attwell conteyning by estimacion one acre three rood and three perches be the same more or lesse one peece or parcell of ground with thappurtenaunces called the East parte of Smiths in the East and Smiths in the gore conteyning by estimacion foure acres one rood and two perches be the same more or lesse one peece or parcell of ground called Smiths in the Thistle with thappurtenaunces conteyning by estimacion one acre three rood and twenty eight perches be the same more of less and one close or feild with a mesuage therevppon lately built with all and singuler thappurtenaunces called Petticlarkes conteyning by estimacion eleaven acres two rood and twelve perches be the same more or lesse abuttinge vppon the kinges high way leadinge from Rochford towardes Fambridge Ferry on the East parte and all those two closes or parcelles of 188land now or late in the tenure or occupation of James Nuttoll gentleman or of his assignes conteyning togeather by estimacion foure and twentie acres be they more or lesse called or knowne by the name of the North landes or by whatsoever other name or names the same be called or knowne and all that tofte and Five acres of land customary with thappurtenaunces called Edolls houlden by coppie of Courtroll of the Mannor of Stambridge parva in the said County of Essex and all that other parcell of Coppihold or customary land scituate lying and beinge in Rochford in the said County of Essex conteyning by estimacion five acres and a halfe be the same more or lesse called or knowne by the name of Edolls and holden by coppie of Courtroll of the Mannor of Rochford All which premisses are scituate lying and beinge in the parrishes Townes hamlettes and feildes of Rochford Eastwood hackwell Asselden Assingdon Cangewdon and little Stambridge or in some of the said parrishes in the said County of Essex and alsoe all other the landes tenementes and hereditamentes whatsoever as well free as Copihold of the said John Winthropp John Winthropp and henry Winthropp or any of them scituate lying or being in all or any of the parrishes townes or hamlettes aforesaid in the said County of Essex and all other the landes tenementes and hereditamentes with thappurtenaunces whatsoever whereof John Forth late of much Stambridge in the said County of Essex gent. deceased dyed seized scituate lying and beinge in all or any of the Townes parrishes or hamlettes aforesaid belonging to or vsed with any of the said premisses and alsoe all other priviledges and commodities whatsoever to the said landes and every parte and parcell thereof belonging or in any wise apperteyning And the revercion and revercions remainder and remainders of all and singuler the premisses and every parte and parcell thereof togeather withall deedes evidences chartres writinges escriptes and munimentes whatsoever concerning only the premisses or only any parte or parcell thereof To have and to hold the said mesuages landes tenementes hereditamentes and premises with thappurtenaunces and every parte and parcell thereof vnto the said Thomas hobbson and Frances his wife and the heires and assignes of the said Thomas hobson forever to the only proper vse and behoofe of the said Thomas hobson and Frances his wife and of his heires and assignes forever And the said John Winthropp John Winthropp and henry Winthropp and every of them for themselves theire heires executors administrators and assignes and every of them doth covenant promise and grante to and with the said Thomas hobson his heires and assignes by these presentes that they the said John Winthropp John Winthropp and henry Winthropp and Elizabeth wife of the said henry shall and will 189before the end of hillary Terme now next ensuinge at the costes and charges in the lawe of the said Thomas hobbson acknowledge and leavie vnto the said Thomas hobson and Frances his wife and to the heires of the said Thomas one Fine sur connisans4 de droit come ceo qe il ad de louc done with proclamacions accordinge to the forme of the statutes in such case made and provided of soe much of the premisses hereby bargained and sold or ment or mencioned to be granted bargained or sold as are Freehold and not holden by coppie of Court roll by such name and names quantitie content and nomber of acres as by the said Thomas hobson his heires or assignes or his or theire counsell learned in the lawe shalbe reasonably devised or advised and required Which said Fine and all and every other Fine and Fines to be had knowledged or leavied betweene the said parties or any of them of the premisses or any parte thereof shalbe and invre to the only vse and behoofe of the said Thomas hobbson and Frances his wife and of the heires and assignes of the said Thomas forever And the said John Winthropp John Winthropp and Henry Winthropp and every of them for themselves theire heires executors administrators and assignes and every of them doe covenant promise and grante to and with the said Thomas hobbson and Frances his wife and his heires and assignes by these presentes that they the said John Winthropp John Winthropp and henry Winthropp or some of them for and notwithstandinge any acte or thinge done caused or suffered by them or any of them or by the said John Forth deceased at thensealing and deliverie of these presentes are and soe vntill the First estate of the premisses accordinge to the true meaninge of these presentes shalbe made and vested vnto and in the said Thomas hobbson and Frances his wife and the heires of the said Thomas accordinge to the purport and true intent of these presentes will continue seised of a good absolute lawful perfecte and indefeasable estate in fee simple or Fee tayle generall with the immediate revercion or remainder thereof in fee to them or some of them of and in all and singuler the premisses in and by these presentes ment or mencioned to be bargained and sold and of every parte and parcell thereof without any revercion or remainder thereof to the kinges majestie his heires and successors and without any condicion power or limmitacion to defeate alter or change the same And that they the said John Winthropp John Winthropp and henry Winthropp or some of them for and notwithstandinge any such acte or thinge as aforesaid done caused or suffered as aforesaid have full power good right and lawfull authoritie to grante bargaine sell conveye and assure the said premisses and every parte and parcell thereof to the said Thomas hobbson and Francis his wife and the heires of the said Thomas hobbson accordinge to the true intent and meaninge of these presentes and that the said mesuages and tenementes and all and singuler other the premisses and every parte and parcell thereof now are and soe from time to time forever hereafter shall remaine be and continue vnto the said 190Thomas hobson and Frances his wife and to the heires and assignes of the said Thomas free cleere and cleerely acquited exonerated and discharged or otherwise well and sufficiently saved and kepte harmeles of and from all former and other bargaines sales guiftes grantes anuities intayles statutes marchant and of the staple recognizances execucions leases rentes and arrerages of rentes ioyntures dowers intrucions orders decrees titles troubles charges and incumbrances whatsoever had made committed done knowledged caused or suffered or hereafter to be had made done knowledged caused or suffered by the said John Winthropp John Winthropp henry Winthropp and Elizabeth his wife and the said John Forth or any of them or by any other person or persons any thinge haveinge or lawfully claiminge or that shall have or lawfully claime by from or vnder them or any of them And that the said Thomas hobson and Frances his wife and his heres and assignes shall and may from time to time and at all times hereafter peaceably and quietly have hold and enioye all and singuler the premisses and every parte and parcell thereof with thappurtenaunces accordinge to the true intent and meaninge of these presentes without any lett trouble disturbance molestacion eviccion or interupcion of them the said John Wenthropp John Wenthropp henry Wenthropp and the said Elizabeth his wife or any of them theire or any of theire heires or assignes or of any other person or persons whatsoever any thinge haveing or lawfully claiminge by from or vnder them or any of them or by from or vnder the said John Forth And further that they the said John Winthropp John Winthropp and henry Winthropp and the said Elizabeth his wife and all and every other person and persons and theire heires haveing or which hereafter shall have any estate right title interest claime or demande of into or out of the premisses or any parte thereof from by or vnder them or any of them shall and will from time to time and at all times hereafter duringe the space of seaven yeares now next ensuinge within convienent time after reasonable request of the said Thomas hobbson his heires or assignes or some of them and at theire or some of theire costes and charges in the lawe doe make knowledge execute and suffer or cause to be done made suffered knowledged and executed all and every such further and other lawfull and reasonable acte and actes thinge and thinges devise and devises assurance and assur­191ances in the lawe whatsoever be it by Fine Feoffemente release confirmacion deede or deedes inrolled or not inrolled the inrollmente of these presentes recoverie or recoveries with single or double voucher or vouchers surrender or otherwise with warrantie as aforesaid or without warrantie for the further and better conveyinge and sure makinge of all and singuler the premisses before herein mencioned to be bargained and sold and every parte and parcell thereof vnto the said Thomas hobbson and Frances his wife and to his heires and assignes as by the said Thomas hobbson his heires or assignes or his or theire counsell learned in the lawe shalbe reasonably devised or advised and required soe as for the doeing and makinge of such further actes and assurances they that shall make the same be not compelled to travell further then the Citties of London and Westminster and the suburbs of the same In witnes whereof the parties to these present Indentures have interchangeably putt theire handes and seales the day and yeare first above written 1629.

Et memorandum quod decimo die Februarii anno suprascripto prefati Johannes Winthropp Junior et henricus Winthropp venerunt coram dicto domino Rege in Cancellaria sua et recognouerunt Indenturam predictam ac omnia et singula in eadem contenta et specificata in forma supradicta

Irrotulata xj die Februarii Anno predicto.

1.

Close Roll, 5 Charles I, pt. 11, no. 11.

2.

“Frances d. of Sir Bowyer Worsley of the Ile of Wight.” Visitations of Essex, I. 420.

3.

These parishes are all in the hundred of Rochford. Assingdon is now spelled Ashingdon.

4.

MS. “comisans.”