IV. Another Settlement of Shakespeare's Property, 1647.

This indenture tripartite made the second day of June, in the three and twentieth yeare of the raigne of our Soveraigne Lord Charles, by the grace of God of England, Scotland, France and Ireland, king, Defender of the ffaith, &c. Betweene Susan Hall, of Stratford upon Avon in the county of Warwicke widow, and Elizabeth Nash of Stratford upon Avon aforesaid in the said county of Warwicke widow, on the first part; Richard Lane of Stratford upon Avon aforesaid in the county of Warrickshire aforesaid gent., and William Smith of Balsall in the aforesaid county of Warwicke gent., on the seconde parte; William Hathaway of Weston upon Avon in the county of Glocester yeoman, and Thomas Hathway of Stratford upon Avon aforesaid joyner, on the third parte; Witnesseth that whereas the said Susan Hall and Elizabeth Nash, as well for the better barringe, cuttinge off, and dockinge of a remainder in fee simple limmited upon an estate taile, heretofore made of all the messuages, lands, tenements and hereditaments hereafter in theis presents mencioned, to such uses and in such manner as in theis presents is specified and declared, as alsoe for divers and sundry other good causes and reasonable consideracions them the said Susan Hall and Elizabeth Nash especially movinge, Did, in or aboute Easter Terme last past before the date hereof, levy two severall ffynes with proclamacions accordinge to the forme of the statute in that case made and provided, by which said ffines they did recognize and acknowledge by names and termes meet and convenient all that messuage or tenement with appurtenaunces scituate and beinge in Blackfryers, London, neere the Wardrope, then or late in the tenure or occupacion of John Dicks cordweyner; and all that capitall messuage or tenement with thappurtenaunces scituate and beinge in Stratford upon Avon in the said county of Warwicke, commonly called or knowne by the name of the New Place; and all that messuage or tenement with thappurtenaunces scituate and beinge in Stratford upon Avon aforesaid, in a certen streete there called Henley Streete, commonly called or knowne by the name of the Maidenhead, and now or late in the tenure of John Rutter or his assignes; and all that other messuage or tenement scituate and beinge in Henley Streete aforesaid, now or late in the tenure of Thomas Hart, and adjoyninge unto the said messuage or tenement called the Maidenhead, and all and singuler houses, edifices, buildings, chambers, cellers, sollers, lights, easements, barnes, stables, backsides, orchardes, gardens, profits, and commodities whatsoever to the said severall messuages or tenements or any of them belonginge or in any wise apperteyninge, or accepted, reputed, esteemed or taken as parte, parcell, or member of the same, or any of them; and all those fowre yards land and a halfe of arrable, meadowe, and pasture, with thappurtenances, lyinge and beinge in the townes, hambletts, villages, ffeilds, and grounds of Stratford upon Avon aforesaid, Old Stratford, Bishopton, and Welcombe in the county of Warr., and all other the messuages, lands, tenements, and hereditaments whatsoever scituate, lyinge, and beinge in the townes, hamb

letts, villages, feilds, and grounds of Stratford upon Avon, Old Stratford, Bishopton, or Welcombe, or any of them, in the said countie of Warwicke, which heretofore were the inheritance of William Shakespere gent. deceased, late father of the said Susan, to bee the right of the said Richard Lane, as those which the said Richard Lane and William Smith had of the guifte of the said Susan and Elizabeth, and the same did remise and quite clayme for them and their heires unto the said Richard Lane and William Smithe, and to the heires of the said Richard Lane for ever: And whereas the said Susan Hall and Elizabeth Nash did further, by the same severall ffynes, grant for them and their heires to warrant the said messuages or tenements, lands, and all and singuler other the premisses in the said ffines comprised, to the said Richard Lane and William Smith, and to the heires of the said Richard Lane for ever, It is now covenanted, granted, concluded, declared, and fully agreed by and betweene all and every the said parties to theis presents, and the true meaning purpose and intent of all and every of the said parties and of theis presents now is, and at the tyme of the levyinge of the said severall ffines as aforesaid was, that both the said severall ffines soe levyed in manner and forme as aforesaid, or in any other manner and forme, should be and shalbe deemed, accepted, reputed, adjudged and taken to bee, and the cognisee or cognisees in the said ffines named and their heires should and shall immediately, from and after the levyinge and ingrossinge of the said ffines, stand and bee seised of and in the said messuages, lands, tenements and hereditaments in the said ffines comprised or meant or intended to bee comprised, to the only use and behoofe of the said Richard Lane and William Smith, their heires and assignes for ever, and to none other use, intent, or purpose whatsoever, to the end, intent, and purpose, that the said Richard Lane and William Smith might and may be perfect tenants of the ffreehold and inheritance of all and singuler the said messuages, lands, tenements, and premisses, against whome one or more common recoverye or recoveries might or may be had and suffered, of all and singuler the said premisses, according to the usuall forme of common recoveryes in such case used and accustomed; And for that purpose it is further covenanted, granted, concluded and fully agreed, by and betweene the said parties to theis presents, that the said William Hathway and Thomas Hathway, or one of them, shall and will, before the end of the terme of St. Michaell next ensuing the date of theis presents, pursue and prosecute one or more writt or writts of entre sur diseisin in le post against the said Richard Lane and William Smith, to which writt or writts of entre sur diseisin the said Richard Lane and William Smith shall appeare and vouch to warrantie the said Susan Hall and Elizabeth Nash, who shall enter into the said warrantie, and shall vouch over the common vouchee, to the end and intent that one or more perfect recoverie or recoveries may be had and executed of the said messuages, lands, tenements and all and singuler other the premisses in the said severall ffine or ffines comprised, according to the usuall manner and forme of commen recoveries in such cases used and accustomed; And it is further covenaunted, granted, declared, concluded and agreed, by and betweene the said parties to theis presents, that the said recoverie or recoveries soe to be had, suffered and

executed of the said messuages, and of all and singuler other the premisses in the said recoverie or recoveries to be comprised, and the full force and execucion of the same shalbe and enure, and shalbe adjudged, accepted, reputed and taken to be and enure; and the said recoveror or recoverors, and his and their heires, immediately from and after the said recoverie or recoveries soe had, suffered, and executed, shall stand and be seised of and in all and singuler the said messuages, lands, and premisses, in the said recoverie or recoveries to be comprised, and of every parte aud parcell of them and every of them, to the severall uses, intents, and purposes hereafter mencioned, That is to say, to the onlie use and behoofe of the said Susan Hall for and duringe the terme of her naturall life, and after her decease, to the use and behoofe of the said Elizabeth Nash, and the heires of her body lawfully begotten or to be begotten, and, for default of such issue, to the use and behoofe of the right heires of the said Elizabeth Nash for ever: In witnesse whereof to the one parte of theis indentures remayning with the said Susan Hall and Elizabeth Nash, they the said Richard Lane and William Smith, William Hathway and Thomas Hathway, have sett their hands and seales; and to another parte thereof, remayning with the said Richard Lane and William Smith, they the said Susan Hall, Elizabeth Nash, William Hathway, and Thomas Hathway have sett their hands and seales; and to the other parte thereof remayning with the said William Hathway and Thomas Hathway, they, the said Susan Hall, Elizabeth Nash, Richard Lane, and William Smith have sett their hands and scales, the day and yeare first above written.

V.-Settlement of the same Property, 1652.

This indenture made the twentyeth day of October, in the yeare of our Lord, according to the accompt in England, one thowsand, six hundred, fifty two; Betweene John Barnard, of Stratford-upon-Avon, in the county of Warwick, esquier, and Elizabeth his wife, on thone parte; Henry Smyth, of Stratford-upon-Avon aforesaid, gent. and William ffetherston, of the same towne and county, yeoman, on thother parte, Witnesseth, that it is covenanted, concluded, and agreed by and betweene all the said partyes, and it is theire true intent and meaneing, that the said John Barnard and Elizabeth his wife, shall and will acknowledge and levy, in due forme of lawe, one ffine or ffines, sur conuzance de droit come ceo, que ils ount de lour done, before the Justices of the Court of Comon Plees at Westminster at or before thend of Hillary terme next ensueing, unto the said Henry Smyth and William ffetherstone, and the heires of one of them, with proclamacions according the statute, of all that capitall messuage or tenement with thappurtenaunces scituate and being in Stratford-upon-Avon aforesaid, in the said county of Warwick, comonly called or knowne by the name of the New Place, now in the tenure of the said John Barnard, and all that fower yard

land and a halfe of arrable, meadow, and pasture, with the appurtenaunces, lying and being in the townes, hamletts, villages, feilds, and grounds of Stratfordupon-Avon, Old Stratford, Bishopton, and Welcombe, in the said county of Warwick, heretofore the inheritance of William Shakespeare, gent. grandfather of the said Elizabeth, wife of the said John Barnard, by the name of one messuage, one garden, one orchard, one hundred and seaven acres of land, twenty acres of pasture, and comon of pasture for all manner of cattle, with thappurtenances, in Stratford-upon-Avon, Old Stratford, Bishopton and Welcombe, or by such other name or names, quantitie and number of acres, or other certeintie, as shall be devised. Which ffine, soe to be had and levyed, and the full force and execucion thereof, and the cognisees in the said ffine, and theire heires, shal be had, taken, and construed to be, and enure, to the only uses, intents, and purposes herein expressed and declared; that is to say, to the use of the said John Barnard and Elizabeth his wife, for and dureing theire naturall lives, and the life of the longest liver of them, and to the heires of the body of the said Elizabeth, lawfully begotten, or to be begotten, and for defaulte of such issue, to the use of such person or persons, and for such estate and estates, as the said Elizabeth, by any writeing, either purporteing her last will, or otherwise, sealed and subscribed in the presence of two or more credible witnesses, shall lymitt and appoint: and from and after such nominacion or appointment, or in defaulte of such nominacion or appointment, to the use and behoofe of the right heires of the survivor of them, the said John and Elizabeth, for ever. In witnes whereof the partyes above named have, to theis present indentures, interchaungeably put their hands and seales, the day and yeare above written.

Henry Smith.

Sealed and delivered in the presence of

Willm. ffeatherston.

Phillip Scarlett.

Edw. Owen.

VI.-Directions for the Sale of the Property, 1653.*

To all to whom theise presents shall come. Whearas I, Elizabeth Barnard, wife of John Barnard, esquier, have power to limitt, appoynte, and dispose of all that messuage with the appurtenances in Stratford-upon-Avon, within the

*This curious deed is signed and sealed by Lady Barnard; the arms upon which are now remarkably perfect, and correspond exactly with those upon her father, Dr. Hall's, gravestone, in the chancel, viz. Three talbots' heads erased, for HALL, impaling SHAKSPEARE. It may be presumed Dr. Hall had his seal engraved upon, or soon after, his marriage.-Wheler.

county of Warwicke, comonly called the New Place, and of all that foure yard land and a halfe, arrable, meadow, and pasture, in Stratford, Welcombe, and Bishopton, which weare sometimes the inheritance of William Shackspeare, gent. my grandfather, by any wrighting, either purporting my last will, or otherwise, sealed and subscribed in the presence of credible witnesses, to any person or persons, and for any estate or estates, to take effecte in possession, after the death of the said John Barnard, and mee, the said Elizabeth, in case I die without heires of my bodie, as by one indenture, mad at or aboute the 20th day of October 1652, and a ffine therupon acknowledged, may more fully appeare. Now know yee, that I, the said Elizabeth, accordinge to the said power, doe by this wrighting, sealed and subscribed in the presence of credible witnesses, limitt, give, and dispose the said messuage, fower yard land and a halfe, after the decease of the said John Barnard, and mee, the said Elizabeth, without heires of my bodie, ffor and unto Henry Smith, of Stratford aforesaid, gent. and Job Dighton, of the Middle Temple, London, esquier, and their heires, To have and to hold the said messuage, and ffoure yard land and a halfe, unto the said Henry Smith and Job Dighton, their heires and assignes for ever. Neverthelesse upon trust and confidence, that the said Henry Smith and Job Dighton, and the survivor of them, and the heires of the survivor of them, shall bargayne and sell the said messuage, ffower yard land and a halfe, to any person or persons, for the best value they can gett: and the moneys therby to be raysed shall imploy, dispose, and distribute of, to such person or persons, and in such manner, and by such some or somes, as I, the said Elizabeth, shall by any wrighting, or noate under my hand, truly testified, declare and nominate. In witnesse whereof, I, the said Elizabeth, have the eaytteneth day of Aprill, 1653, subscribed my name, and sett to my seale.

Seled and subscribed in the presence of

Rich. Lane.

ELIZA BARNARD.

Mary Lane.

Phillip Scarlett.

Elizobeth E. Writon,

hir marke.

VII. Lady Barnard's Will, 1669.

In the name of God, Amen. I Dame Elizabeth Barnard, wife of Sir John Barnard of Abington in the county of Northampton, knight, being in perfect memory, (blessed be God!) and mindful of mortality, do make this my last will and testament in manner and form following. Whereas by my certain deed or writing under my hand and seal dated on or about the 18th day of April, 1653, according to a power therein mentioned, I the said Elizabeth have limited and disposed of all that my messuage with the appurtenances in Stratford-upon-Avon,