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Papers of the Winthrop Family, Volume 1Note: you've followed an index reference to a note that, due to changes between the print and digital editions, may no longer be on page 377. Please look at all notes at the end of the document or documents on page 377.

377
Richard Brayne1 to John Winthrop or Emmanuel Downing2
Brayne, Richardd Winthrop, John Downing, Emmanuel

1628-01-31

To my Respected good Friendes mr. Winteropp or mr. Downinges Attorneis in the Court of Wardes these with speede mr. Winteropp lieth at a cutlers house in Fleet streete within two houses as yow goe into the Inner Temple
Mr. Winteropp

yow shall Receaue hereenclosed the coppie of my answere, by which yow may Informe your selfe to drawe Interrogatories yf they must be Inclosed in the commission. The course I know not, but for The more suertie, I haue sent it vnto yow. my councell mr. Landen3 did tie me, as I conceaued to to much breuitie in my answere, which he held best. Therfore my Interogatories must haue as much scope as may be for my prooffes, first to proue that Tho: Brayne The wardes father was vnder an Arrest at the sute of David Heane, for part of which dept, I became bounde for ten poundes for him, and afterwardes paid it. next to proue his voluntarie offer of my first leas of the mansion house and premises, for 21 yeres, my acceptacion therof and payment of the consideracion expressed in my answere, and the rent of xl li. reserued in the said leas, and likewise thother leas, which I had before of a tenement belonginge to the mansion house, and the fiue powndes therfore paid. The surrender of those leases, and the takinge of the leas nowe in beinge of the said mansion house and premises, in reuersion after the decease of Kather: Winford and vid Brayne for lx yeres, the consideracion of x li. therfore paid. The Rent of xl li. yerely Reserued. The indifferencie of couenauntes on both sydes. howe longe my moneys paid for the said leases haue bine disburced. That Katherine Winforde is yet aliue, what age she is of, The charge of the Repayre of the mansion house and tenementes, The valeu what it is worth aboue the Rent whither he was sober and free from drunkenness when he sealed the lease, and of perfect memorie. What other interrogatories yow thinke good.

Whither Tho: Brayne hath not often said he made the lease willingly and he did and would allways mainteyn it. on other Interogatorie, whither The wittnesses them selues were frieted or threatened by me in theyr depo­378sicion at the house of Jo. Heelye in little deane. I desyre to be tried by the wittneses. I hope my soonn hath bine with yow, or wilbe before the ende of the weeke, otherwise this bearer shall paye both your fees, be sure to ioyne with him in comission, and I will euer rest yours

Ri: Brayne. Gloucester little deane the last of Januarie 1627–28

Indorsed by Brayne: Jo: Nanfan esq. Tho: Welsh Jo. Nanfan and Jo: Tipper gent.

Yow may vse those names forr my commissioners.

By Governor Winthrop: “Braine Lettre. Terme Hyll, 3: Car.”

1.

In The Visitation of the County of Gloucester (H. S., Pub. , XXI), 208, is a pedigree of Brayne of Little Deane, but it is not possible to identify by it the writer of the letter.

2.

W. 4. 65; 5 Collections , I. 181–182.

3.

Benjamin Landen, a bencher of the Middle Temple, was buried in the chancel aisle, March 1, 1631–32. Calendar of Inner Temple Records, II. 356.