12. Conditional Surretude, “Three Cups”, 1626

This indenture appears to be a continuation of legal troubles of Mr. C:D: of the City of Chester in County Palatyne (County Palatine of Chester) from document 11. I wish the names were not encoded, I would so love to look up the details of his case. .

The bulk of this indenture is the apparent collection of properties by C:D:, he already has property in B:C: and S in the County of C which he will/did inherit from L:L:. C:D: is going to sell this to J:K: and L:M:.

A:B: is giving or selling corn, grain and pulse tythes to C:D: in the town of E in the County of FF. However, E:B: the new wife of A:B: or her children may in the future claim dower or jointure of that property.

A:B: and R:W: seem to be transfering property, a farm and land located in S: and E:, to C:D:  for an annual rent of  “one pepper corne”. (f 39r) However, J:H: is currently living there/using it.

Somewhere a R:M: slips in, but I am not sure of his role. A distinction is made between a C:Dashwell and C:D:.

A letter (ff 40v) (written in the first person) is included in the text at the end of the document. It is addressed to a judge or magistrate, detailing a commission that met at the sign of the Three Cupps on Bread Street in the Citty of London at nine in the morning on the second day of the commission, sans Rich: C: (a commissioner that didn’t show up). It is signed by Command Rib (commander Rib?) There is a faint signature at the end “Manny E.” which I cannot tell if it is related to the letter or the next document. 

ff 37r

65 (37r)
\Condicionall Surretude/
This indenture made the [er] betweene
C:D: of [er] and [.]:H: of [pt] of the one parte and J:K:
and L:M: of [er] of the other parte witnesseth that
 where as the ^\same/ C:D: [er] doe severally hould by verture of
severall demises and leases for the severall termes
of their severall naturall lives divers and severall mes-
suages cottages landes tents and hereditaments in
B:C: and S in him the said County of C: beinge the
inheritance of L:L: of [er] Kowe the said C:D: [er] aswell
for the consideration in theis indenture mencioned
us alsoe for the perfecting of an estate or conveyance
to be had and made of the aforesaid premisses have
graunted and surrendered and by theise presents –
doe graunt and surrender unto the said J:K: and L:M:
and their heires uppon condition heare after in theis
presents menconed all and singular the said
messuages [er] before heare in mentconed and every
parte and parcell thereof with thappurtenments and
all such other lands tents and hereditaments wherein
the said C:D: [er] or any or either of them have or-
hath or ought to have any estate of free hould with
in the said county of [er] beinge the inheritances of the
said L:L: and all their estates righs titles and
interests with the said C:D: [er] or any of them
have or hath or of right ought to have of in or to the
said premisses or of in or to any parte or parcell thereof
to have and to hould the messuages cottages [pr] and
premisses and all the sate right title and interest
of the said C:D: and of every of them in and to the
messuages [er] aforesayd unto the said J:K: and L:M:
and their heires uppon condition that if the said J:K:
and L:M: or either of the m doe not well and truely x
content and pay or cause to be paid unot the said C:D:
or their assignes the some one thousand pounds of good
 and lawfull money of England in and upoon the
[space] day of                next ensueinge after the date heare
of that then and from theme forther this pute graunt
and surrender to be utterly voide and of none effort.
66 (37v) 
and that from and after such default of payment
of the said some of 100l as aforesaide it shall be
lawfull to and for the said C:D: [pr] and their and
every of their assignes into the saide Messugaes
aforesaid and into every parte and parcell thereof
to reenter and the same to have againe repossesse
and enjoy as in his her or their former estate
estates any thinge in these puts conteyned to
 the contrary in any wise not withstandinge
\A Deede of bargaine and saile of tythes/
In witnesse that the said A:B: in consideration
hath graunted aliened bargained sould and
confirmed and by theis puts doth fully cleerely
and absolutely grant alien bargaine sell and
confirme unto the said C:D: his heires and –
assignes for ever all and every the tythes of wheate
rye barlie Oats ffrench wheate beanes pease-
ffitches and all and singuler other tythes of Corne
grayne and pulse of wha kinde or nature sowever
they be with th’appurtenments yearely and from tyme
 to tyme heare after cominge growinge arriseinge
renewinge accrewinge multiplyinge or encreasinge
with in uppon or out of all and every the messuage
lands tents feilds Closes Leasows pastures Crofts
yards parcells of lands in tacks or in closures what
soever scituate lyinge or beinge within the mannor
[loep] or Towne of E in the County of FF: now or late
in the tennure houldeinge or occupation of the said
A:B: or of his assignee or assinges under tennts
and the revertion and revertions remayder and
remaynders of all and singular the said tythes
and the estate thereof right title interest and –
demand whatsoever of him the said A:B: of in
and to the said tythes and every or any part or parcell
thereof and alsoe all and sinuler deeds evidences
Charters writings Escripts and minuments
touchinge or conteruinge the said Tythes or –
any part or parcell thereof all which said –
deeds evidences Charters writinges escripts. –
67 (38r)
and minnments and every or soe many of them as
the said A:B: or any other person or personas to his
or by his delivery meanes or pcurement have or
hath in their or any of their hands custory or pos-
session hee the said A:B: for him selfe his heires
executors and administrators doth covenant and
graunt to and with the said C:D: his heires and
assinges by these presents well and truely to-
deliver or cause to be delivered unto the said A:
D: his heires or Assignes safe whole undefaced-
and uncancelled before the feast of To have and to
hould all and singular the said tythes and all other
the premisses before mentioned to be heare by graunted
aliened bargained sould and confirmed and every
part and parcell thereof with th’appurtenmences unto
the said C:D: his heires and assinges for every To
throuly person use and behoofe of the said C:D: his
heires and assinges for everymore And the aid
A:B: for him self and doth covenenant that hee the
\ffor quiet enjoyinge/            said C:D: his heires and assignes shall and may from
paid C:D: his heires and assignes shall and may from
tyme to tyme and at all tymes heare after for ever –
lawfully and peacebly and quietly Collect gather
recieve and take have hould occupie and enjoy to his
and their owne personal use and behoofe for ever –
all and sinular the said tythes and other the premisses
before heare in mencioned or expressed to be heareby
granted [er] and every part and parcell there of with
the appurtemences free cleere and cleerely acquited
exonerated and discharged or other wise well and
sufficiently saved and kept harmlesse by the said
A:B: his heires executors or administrators or by some
or one of them of for from and concerninge all and-
singuler former rights titles guifts grants bargains
sales alienations leases Joyntures Dowers the right
title and demand of dower and Joynture with E:B: the
now wife of the said A:B: shall or may have demand
or clayme out of the same tythe or any parte thereof
recognizances statues merchants and of the staple
ffynes Judgements executons Ammityes rents issues
arrerages of rents debts intayles fforffeitures ffynes
 
68 (38v)
postffynes intrucions and all their Charges titles troubles
and incombrances whatsoever had made Committed
donne percured or suffered by him the said A:B: or
by any other person or persons whatsoever any thing
haveinge or lawfully clayminge of in or to the saide
tythes or any parte thereof by from or under him
the said A:B: his estate right title or interest.
\for ffurther assurance/              And alsoe that the said A:B: and his heires and
all and every other person or persons clayming any
thinge in the said tythes or any of them by from or
under him his right or interest and every of them
shall and will att any tyme dureinge dureinge
the space of five yeares next ensueinge after
the date heareof at the request Costs and Charges
in the law of the said C:D: his heires or assinges
and every such other and further act and acts
thing and things devise and devises covenance
and assurance in the lawe whatsoever as by the
said C:D: his heires or Assignes or by his or their
or any of their Counsell learned in the lawes
shall be devised ^\or/ advised and required for the-
futher assureinge or the more firme and sure
makeinge Convey inge and setlinge of all and
Singuler the said tythes and premisses aforesaid
and of every parte and parcell there of with thap-
purtences unto the said C:D: his heires and
and Assignes for ever To the onely proper use
and behoofe of him the said C:D: his heare heires
and Assignes for ever accordinge accordinge to the
intenante and true meaneinge of theise presents
\A lease for yeares for security of money./
XIn witnesseth that the said A:B: and [R]:w: in consideracion
[H] [ane] demised graunted sett and to forme sett and
by these presents doe demise grant sett and to
farme lett unto the said C:D: All that messuage
or tenement with thappurtenments and all Orchards
gardens lands tenants meadows ffeedings pastures
woods wayes waters mores marshes Commons
rents services and hereditaments whatsoever
scituate lyeing or beinge in S: and E: or either of them
“one pepper corne” ff 39r
69 (39r)
in the said County of for or many other place where
soever within the mannor [loep] territories or precuicts
of S: and E: aforesaid or either of them and hearetofore
intenure houldeinge or occupacion of one J: [H]: his
assigne or assinges under the tenument or under
tenuments To have and to hould the said messuage or
tenement with thappurtenances and all other the
said tenment and hereditaments and all and ~
singuler the premisses aforesaid with thappurtenances
before heare by demised unto the said C:D: his executor
administrators and Assignes from the        day of
[space] next ensueinge after the date heare of for
and dureinge and untill the full end and terme of
pl^\ty/ yeares from thence next ensueing and fully of be
compleate and ended yeeldinge and payeinge there
fore yearely dureinge the said terme unto the said A:B:
and R: W: their heires and assignes one pepper
corne at the feaste of        if the same belawfully
demanded ad the said A:B: for him selfe his heirs
[hives eper] Administrators and assinges and every of
\a Covenant that the lesser is lawfully seised/ them doth Covenant promise and graunt to and with
the said C:D: his ever Administrators and Assinges and
every of them by these presents That hee the said A:B:
and the said R: W: or thone of them at then sealeinge
delivery and execucion of theise presents is or are rightfully
and absolute Owner or Owners proprietor or propietors and
rightfully and absolutely seises of and in the said mes-
suages or tenant lands tenants and other the premisses afore
said with thappurtenances and of every part and parcell
there of of a good sure absolute and indefeazable estate of
in heritance in fee simple without any manner of –
condicion and lymittacion altacion or other determinacion to
change end and determine the same not withstandinge
any act and acts thing or things whatsoever had made-
comitted or donne by the said A:B: or his assinges and
that the said A:B: and R: W:  or thone of them nowe
have or hath full power good right and lawfull authority
not with standinge any act or thinge Committed sufffered of
donne by him the said A:B: to graunt demise sett or
lett the said Messuage land tenents and all and singuler
70 (39v)
other the premisses aforesaid with their and every
of their appurtenances unto the said C:D: his ever
Administrators and Assigns in manner and forme
afore said And the said [.]:W: for him selfe and [xr] vt supu
mutatis mutandis
\For quiet enjoyinge/               And the said A:B: and R:W: doe severally and –
respectively for them and their severall and respective
heires executors and [ad] and every of them Covenant
premise and graunt to and with the said C:D: his
executors [Ad]: and assinges and every of them by
these presents that hee the said C:D: his ever [ad]
and Assinges dureinge all the aforesaid terme of
xli yeares shall and\or/ may peaceablely and quietly
have hould occupie possesse and enjoye the said
Messuages or tenente and all and sinuler other the
premisses before in and by these [puts] mencioned and
expressed and every parte and parcell there of accordinge
to the true meaneinge of these puts without any
lawfull lett suite trouble disturbance exucion or
expulsion of them the said A:B: and R: M: or either
of them their or either of their heires or Assignes
or of any other person or persons haveinge or lawfully
clayminge to have any estate or interrest of or in
the demised premisses or any parte there of by from
or under them the said A:B: and R:W or either
of them theire or either of their heires or assignes

Witnesseth that the said C:Daswell for and in

\An Assignment/                  Consideracion of the yearely rent heare in and hereby
reserved of the somme of 200l to be payd unto the
said C:D: in such sort as is heare after or hearein
expressed as alsoe for diver other good causes and
consideracions of him the said C:D: heareunto-
moveinge hath graunted assigned and sett over
and by these presents doth graunt assinge and
sett over unto the said A:B: and R:W: all that
messuage or tenente with thappurtenences and all
Orchards gardens [er] To have and to houlde the said
Messuage [er] unto the said A:B: and R:W: their
ever Ad: and Assignes from the Eleventh day of –
August next ensueinge after the date of these
presents for and dureinge and untill the full end
and terme of 41 years from thence next ensueinge
and fully to be compleate and ended yeeldinge
71 (40r)
and payeinge therefore yearely dureinge the terme
of two yeares next ensueinge the date heare of unto the
said C:D: his ever ad: and assignes the full somme of
sixteene pounds of good and lawfull money of England
att and uppon the Eleventh day of January and the
Eleventh day of August by even and equall portions and
alsoe yeildinge and payinge unto the first said C:D:
heir heires [ext[ Ad or Assignes the ful somme of 200l of –
lawfull money of England over and besides the said
yearely rent or annuall somme of sixteene pounds
in and uppon the twelveth day of August which-
shall be in the yeare of our Lord god 1627 at or in –
the now dwellinge house of the said C:D: scituate-
and now beinge in E aforesaid land if it shall—
happen the said yearely rent of 16l or any parte there
of or the said somme of 200l or any parte there of to be behind
and unpaid either in parte or in all at the dayes and
tymes formerly heareby lymitted and appoynted for
the payment there of that then and from thenceforth
this puts demise and assignment and every hearein
conteyned to be utterly voide frustrate and of none
effort to all in tents and purposes as though the same
had never beene made and that they and from thence
forth it shall and may be lawfull to and for the said
C:D: his ever Ad: and assignes and every of them
in to the said Premisses and into every parte and parcell
thereof to reenter and the same to have againe
repossess and enjoy as in his or their former estate or
estates any thinge in these puts conteyned to the
contrary in any wise not with standinge
\A letter of Attorney to deliver sin y and seisin/ 

Moverint universi p putes noe R:H: de [et] et W:H:

de [et] Assignasse fecisse et in lota [wrad] apposuisse et
constituisse p putes dilect nobis in Christo W: D: de [er]
[wud] verum et litt [ind] attoen ad intramd pvobis et omnibus
nostris in mau ia de H: in Com ped at in omnia Messuagia
[pr] et hereditamt mra quetungz iaten et episten in H
ped att in B: et A: vel abibi in fra Cn C ped in omibz
et sinualis suis ptin Et post them introitum ad delibram
pvobis et omnibus nostris plenam et pacificam
possessionem et seisinam de et in Mango messuagys [pr]
Er cet is premisses pedtis tu eorum ptin R:W: mid et c C
Chr ant suo certo attorn hered et assgin suis ant alicui
eorum scdm vim formam et ternorem et effcom cuiusdam
Carte mre p uos pefat [.]:H: et W:L: peforte R:W:
“Singe of the 3 cupps in Breadstreet in the
Citty of London uppon the 2 day of M: by nyne of the
clock in the morninge”
ff 40v
72 (40v)
Et O: C: fact tuius dat est tercio die S [ep] Ammo [et]
xxi put p in spettoem eiusdem Carte plemus
apparebit [.at] et grat hentes et Habitur tot et
quicquid pedtus attorn nroozm noibz mros ferit in
pemisss in tuius reitest
\thexecucon there of indorsed/ Med q d die et anno infra script W:O: virtute
sre Attoen hic Carte Ammex dedit et dlibavit
plenaniet pacificam possessionem et siesinam
de et in Coz itli Messuago de H: infranoiat noie
om Mauioz Messuaioz terrarn et alioru heredit
infra content Indra noiat R:W: et O:C: hend
et tenend stem vm forman ternorem et effcm
Carte Infran Script in pesont.
                           Right honerable
Whereas I have recieved the Kings Majesties most honerable
[lves] of Comision and your [oep] directed unto mee and
unto one R:C: gent- for the examinacon of witnesses
in a cause dependinge before your honor betweene
M:W: [plt] and E:P: def Soe it is right honerable that
accordinge to the tenor of the said Comission irepared
to the signe of the 3 Cupps in Bread streete in the
Citty of London uppon the 2 day of M: by nyne of the
clock in the morninge for the execucion of the said
comissionersand then and there in the absente
of the said Rich:C the other comissioner preceeded
to the examination of one witnesse then and there
produ^\c/ed before mee whose depositions then and there
by ine taken I have put in writeinge and the same
together with the [intereee] and Comission hearein
closed I have sent to your [loep] for further therein
to be donne as to your honor shall seeme meete and
Convinient and soe with my duety I rest
At your honors futher
Command Rib
Manny E. 


 


 
 
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