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Papers of the Winthrop Family, Volume 2

John Winthrop, Jr., to John Winthrop1
Winthrop, John, Jr. Winthrop, John

1630-12-09

To the right worshifull my much honored father John Winthrop Esqr. dd. In Newe England.
London: Decemb: 9. 1630. Sir,

My humble duty remembred vnto you, may you please to vnderstand that since my last to you by mr. Peirce I received yours of the 9th of Septem: by the Guift: they came to my handes about the first of this month, youres to mr. Gooffe were broken open by the purser and maister aboard the ship and read, as I am informed by such passingers as were eye witnesses: by my last I wrote you concerning the sale of your land, that we were to finish it the last terme, and that you should expect vs the next spring, but it hath pleased God otherwise to dispose, for by reason of some defect in the fine, which was acknowledged by you before you went over, for by that the feoffees had power to convey only the mannour, which by the wrightinges apeares to be little above one hundred acres, because all that which hath beene laid out in ioynter, is severed from the Mannour, and cannot now passe by the name of Manerium, besides the royalties were 326omitted in the fine this mr. Gurdons2 counsell had not found out till the end of the terme, when they were ready to have sealed the wrightinges. our agrement now is that the feoffees shall give possession of the whole, and he is to pay downe 1000 li. before next terme, and 1000 li. more at our Lady, and to retaine 1800 li., till the returne of a fine to be acknowledged by you there, and after by my mother and vs heere. by reason of this I say I have beene both disapointed of monies, for the payment of debtes and making any provitions, as I was determined, and also our Journey is of necessity protracted till we heare from you againe, and receive the dedimus potestatem and concordance,3 and Indenture, executed there by you, for till you have acknowledged the fine, my mothers will not be accepted, therfore for the more certeinty herof, we have taken out 3 dedimus Potestatem, to send to you by three severall passages one wherof together with a Concordance, and an Indenture to lead the vses, I send you together with these, the other shalbe sent as God shall give opertunity: our Councelles direction for the execution of them, which they desire you to observe is this. first, that the Indenture to leade the vses be first sealed, and delivered by you, before you doe acknowledge the fine (mr. Gurdon desireth that mr. Ludlow and goodman Kingsbury of Asington be 2 of the witnesses to it) secondly that the Commissioners that shall there execute the Dedimus, doe deliver it into many of the passingers handes or sailers, ioyntly, that one may be living to make affidavit of it heere if the other should die: and such as may come to London for that purpose. you may please to send it to my vncle Downinges, and besides give notice by some other letter to me or some other by what ship, and what person it is sent, also what persons there be that may make affidavit, thirdly that if all the thre dedimus come to your handes that you acknowledge them all, and first seale, and deliver their Indentures. the first that commeth to our handes will serve, the other we shall cancell. we have now peace with spaine, which I conceive may be a great helpe to the plantation, in our freer passing to and fro, and vent for fish and helping vs with Cattell at easier rates, and I hope store of Corne too which I shall, certify you of further heerafter. I have but short notice of this occation, and hope to have another suddenly. so for present desiring you sic praiers and blessing I rest your obedient sonne

John Winthrop. 327

my mother God be thanked is in good health but doth not know of this suddaine occation of writing my brothers and sisters and the rest of our freindes are well. I remember my love to my brothers, and my service to mr. Johnson and the rest of the gentlemen.

mr Cradock hath procured the 200 li. to be continued till march, he is very ill, being not Cured of a hurte which he received in his scull in summer.

mr. Burrows sonne saith you owe him 4 li. besides the 30 li. 12 s. for which he had the bill.

I have not yet received mony for Sir Richardes fraught. the rest is all paid.

I am much beholding to mr. Kerby he lent me 100 li. freely till Christmas I should otherwise have beene much shortened, for the fraught.

1.

W. 1. 82; L. and L. , II. 69β€”71; 5 Collections , VIII. 26β€”28.

2.

No doubt Brampton Gurdon of Assington.

3.

Concordance, the same as concord: β€œthe very agreement between parties that intend the leuying of a fine of lands one to another, how and in what manner the Lands shall be passed: for in the forme thereof many things are to be considered.” Rastell, Les Termes de la Ley (London, 1636), 76, verso.