12. 1626, Conditional Surretude

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 tehse 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 Country 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:

72 (40v)

“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

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

comissioners and 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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One thought on “12. 1626, Conditional Surretude

  1. Pingback: 13. Indenture, Delves Family, Roger Wilbraham, (undated) | Charter Six

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