Step back in time to the summer of 1563—the fifth year of Queen Elizabeth I's reign—with this beautifully preserved Elizabethan legal performance bond, a captivating window into the wealthy mercantile and legal world of Tudor England. Written across a single sheet of heavy vellum parchment, the document dramatically opens with an authoritative Latin obligation binding a Lancashire gentleman named Ralph Smarte of Wigan to a ten-pound penalty—a significant financial burden representing months of hard-earned wages for a skilled craftsman or professional of the era—should he fail his contractual obligations.

What follows is a wonderful linguistic shift into Early Modern English under the bold calligraphic heading "The Condicon," penned in a dark iron-gall script that brings the legal geography of 16th-century Lancashire to life. Tasked with the strict performance of property covenants, the text links local landed figures directly to James Gerrarde, gentleman, of the historic Gerrard dynasty of Ince-in-Makerfield, whose family circle would famously rise to the highest legal and administrative offices of the Tudor crown. Complete with its original archival filing note "No 27" on the reverse, the elegant witness signatures of Thomas Brooke and Myles Birdsall, and an exceptionally rare, completely intact pendant wax seal still hanging firmly from its original vellum tongue, this manuscript is a rich piece of living history from the dawn of the golden age of Elizabeth I. Latin & English | Secretary Hand | Manuscript (12 × 6½ inches | 30.48 × 16.51 cm) |  Frame Size (14 × 11 inches | 35.6 x 27.9 cm)

Price $550 | Purchase Page  | See all SKU: 31168

Transcription Integrity:

When buying a 460-year-old manuscript, transcription markers like brackets [...] and question marks [?] preserve the absolute integrity of the artifact. Rather than guessing faded ink or smoothing over complex 16th-century shorthand, these symbols show exactly where a modern expert has expanded Latin abbreviations for readability or highlighted obscure local names. For a collector, these marked sections represent untapped historical value, providing a direct roadmap for future research and provenance verification.

Latin - Starting at Line One (Lines 1-6)

Know all men by these presents that I, Ralph Smarte / Ward of Wigan in the county of Lancashire, gentleman, am held and firmly bound unto James Gerrarde of Ince in the county aforesaid, gentleman, in ten pounds of lawful money of England, to be paid to the same James, or to his certain attorney, heirs, or executors, at the feast of Saint John the Baptist next ensuing after the date of these presents. To which same payment well and faithfully to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Given on the ninth day of June in the year of the reign of our Lady Elizabeth, by the grace of God, of England, France, and Ireland Queen, Defender of the Faith, etc., the Fifth. [June 9, 1563].

Middle English - Starting at Line Seven (Lines 7-end of document)

The Condition of this obligation is such that if the above bounden Ralph Warde his heirs executors administrators and assigns do permit and suffer the above named James Gerrard his executors administrators and assigns quietly and peaceably to have hold occupy possess and enjoy all and singular that parcel or close of land with appurtenances commonly called or known by the name of Carre And now or of late in the tenure or occupation of the said Ralph Warde or his assigns lying and being in Ince in Makerfield in the said County of Lancaster without the let trouble disturbance or interruption of him the said Ralph Warde, James Forde his Executors and assigns and of all and every other person and persons in his or their name right or by his or their means assent consent procurement or commandment So that he the said James Gerrard his executors and assigns shall and may quietly and peaceably have hold occupy and enjoy all that parcel or close of land with appurtenances commonly called the Round Croft lying and being in Wigan in the said county of Lancaster and now or of late in the tenure or occupation of the said Ralph Warde without let or trouble or vexation or claiming or demanding of any dower jointure or any interest therein within the said county of Lancaster of him the said Ralph Warde his executors or assigns or of any other person or persons in his or their name right assent consent procurement or commandment And also if the said Ralph Warde his heirs executors and assigns do well and truly perform fulfill and keep all and singular the covenants and agreements to be performed regarding the same that then this present obligation to be void and of none effect or else to remain and be in full power, force, strength, and virtue.

Modernized spelling and punctuation:

Part 1: The Bond (Originally in Latin)

Let everyone know by this document that I, Ralph Ward of Wigan in the County of Lancaster, gentleman, am legally held and firmly bound to James Gerrard of Ince in the same county, yeoman, for the sum of ten pounds of good and lawful English money. This payment is to be made directly to James Gerrard, or to his authorized attorney, executors, or administrators, on the upcoming Feast of Saint John the Baptist [June 24] following the date of this document. To guarantee that this payment is properly and faithfully made, I firmly bind myself, my heirs, executors, and administrators by this document. Sealed with my personal seal. Dated the ninth day of June in the fifth year of the reign of our Lady Elizabeth, by the grace of God Queen of England, France, and Ireland, Defender of the Faith. [June 9, 1563].

Part 2: The Condition of the Bond (Originally in Early Modern English)

The condition of this legal obligation is such that Ralph Ward will not actually have to pay the ten pounds if he, his heirs, executors, administrators, and assigns fully comply with the following terms:

1. Regarding the property called "Carre": They must allow James Gerrard, his executors, administrators, and assigns to quietly and peacefully possess, lease, use, and enjoy the entire plot or enclosed parcel of land with all its features commonly known as "Carre." This land is located in Ince-in-Makerfield within the County of Lancaster and was recently occupied or leased by Ralph Ward or his agents. James Gerrard must be allowed to use this land without any interference, trouble, or disruption from Ralph Ward, James Forde, their executors, assigns, or anyone else acting under their name, authority, consent, or command.

2. Regarding the property called "Round Croft": Similarly, James Gerrard, his executors, and assigns must be allowed to quietly and peacefully possess, lease, use, and enjoy the plot or enclosed parcel of land with all its features commonly known as the "Round Croft." This land is located in Wigan within the County of Lancaster and was also recently occupied or leased by Ralph Ward. James Gerrard must be permitted to use it without any disruption, lawsuits, or competing legal claims—specifically including any future claims regarding a wife's dower rights or jointures—made by Ralph Ward, his executors, assigns, or anyone acting on their behalf.

3. General Compliance: Furthermore, Ralph Ward, his heirs, executors, and assigns must fully and faithfully carry out, fulfill, and uphold all the agreements and promises connected to these properties.

If Ralph Ward fulfills all of these conditions perfectly, then this financial bond of ten pounds becomes completely null, void, and of no effect. However, if he fails to meet any of these terms, the bond remains fully active, legally binding, and enforceable by law.

English Common Law Bond (obligation)

Documents like this were designed to prevent the need for court action. One party (the "above-bounden" William, otherwise Richard Leame) bound himself to a steep financial penalty of one hundred pounds. If he failed to fulfill the estate administration, inheritance distribution, and financial accounting detailed in the lower section, the contract became active. If Leame broke his promise, the injured parties (James Marler and James Chetham) would take this physical document to an English central court, most commonly the Court of Common Pleas or the Court of King’s Bench in Westminster, to successfully sue for the financial penalty.

Physical Place of Origin

In Early Modern English common law bonds, the very first line establishes the jurisdiction and physical presence of the person making the promise. Scribes wrote these documents where the obligor (the person taking on the debt) was residing or physically standing at that moment. The text reads: "me Radulphum Warde de Wigan in Comitatu Lancastrie generosum Teneri et firmiter obligari Jacobo Gerrard de Ince in comitatu predicto yoman..." The phrases de Wigan (of Wigan) and de Ince (of Ince) act as strict identifiers of personal residency and social standing. Because this is a private estate bond rather than a crown land grant managed by central clerks in London, it was drawn up locally where the Ward and Gerrard households, seals, and witnesses were concentrated. The Local Administration Clause, flowing seamlessly into the English text, shows a specific enforcement clause regarding where financial actions and property disputes must be settled. The text stipulates that the obligor must protect the properties explicitly identified as "Carre... lying and being in Ince in Makerfield" and "the Round Croft lying and being in Wigan," ensuring they are held "without let, trouble, vexation, or claiming or demanding of any dower jointure or any interest therein." This explicitly links the legal fulfillment of the contract to the local jurisdiction and courts centered entirely around the historic borough of Wigan and the broader West Derby Hundred of Lancashire, proving the transaction was locally managed and litigated rather than settled at a distant regional court.

Scriptorium & Materials Evidence

The specific handwriting used indicates a localized English Secretary Hand utilizing iron gall ink on animal parchment, characteristic of a regional manor scribe or local town clerk in Lancashire rather than a high court clerk in Westminster. Scribes working for local gentry and prosperous yeoman families in the Wigan area generated these custom contracts on-site, immediately executing them upon the signing, sealing, and delivery by Ralph Ward and James Gerrard.

🔗16th Century Provenance & Context: The Royal and Aristocratic Connection

The structural survival and provenance of this 1563 bond are deeply rooted in the private estate registry of the Gerrard family of Ince, serving as a critical piece of legal ammunition to defend their expanding property boundaries. In Elizabethan England, a conditional bond remained in the physical custody of the obligee (the buyer/recipient), meaning this parchment spent its early centuries locked inside a deed chest at the family’s manorial seat in Ince-in-Makerfield. Crucially, the provenance of this document carries an immense indirect connection to the Tudor Crown through the immediate family of the named buyer, James Gerrard. James was the father of Sir Gilbert Gerard, who at the exact time this document was drafted in 1563, was serving as Queen Elizabeth I’s Attorney General. Gilbert Gerard would later be knighted by the Queen and elevated to Master of the Rolls in 1581, placing the Gerrard family at the absolute pinnacle of the Royal legal system. This direct link to the highest legal minds of the realm explains the razor-sharp formatting and flawless execution of the bond's boilerplate clauses, such as the advanced protection against dower rights. As the Gerrard estates shifted and consolidated over the centuries, this private parchment was preserved by local antiquarians and eventually deposited into regional repositories like the Wigan Archives or the Lancashire Record Office, transforming a private 16th-century real estate guarantee into a permanently preserved artifact of Elizabethan legal history.

Price $550 | Purchase Page  | See all SKU: 31168

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