prati et triginta acrarum in tres partes dividend. in Snitterfylde, unde placitum convencionis sum. fuit dicti Johannes et Maria recogn. prædictam sextam partem cum pertinentiis esse jus ipsius. per se et hæred. ipsius Mariæ, quod prædicta sexta pars cum pertinentiis quam Agnes Arden vidua tenet ad terminum vitæ suæ de hæreditate prædictæ Mariæ die quo hæc concordia facta fuit, et quæ post decessum ipsius Agnetis ad prædictam Mariam et hæred. suos debuit reverti, post decessum ipsius Agnetis integre reman. prædicto Roberto et hæredibus suis, tenend. d. capitalibus dominis feodi ill. per servic. quæ ad prædictam sextam partem pertinent in perpetuum. Et prædicti Johannes et Maria et hæredes ipsius Mariæ warant. prædicto Roberto et hæredibus suis prædictam sextam partem cum pertinentiis (sicut prædictum est) contra prædictos Johannem et Mariam et hæredes ipsius Mariæ in perpetuum. Et pro hac recogn. concessione warant. fine &c. idem Robertus dedit prædictis Johanni et Mariæ quadraginta libras sterlingorum. This copy of the fine is unfortunately imperfect, and a search at the other repository of the same description of records proved fruitless; but the following entry, which I discovered in the King's Silver Books at Carlton Ride, supplies the information lost by the lacunæ in the above: Warr. Inter Robertum Webbe q. et Johannem Shackspere et Mariam uxorem ejus def. de sexta parte duarum partium duorum mesuagiorum, duorum gardinorum, duorum pomar., lx. acr. terræ, x. acrarum prati, et xxx. acr. jampnorum et bruerum, cum pertinentiis, in tres partes dividend. in Snitterfylde. [Pasch. 22 Eliz.] But the property is described somewhat differently in the following note at Stratford, Warr. In onere Georgii Digbie arm. [vic.] com. præd. de anno vicesimo tercio reginæ Elizabeth. Fines de Banco anno vicesimo secundo reginæ Elizabeth. pro term. Pascha. De Roberto Webbe pro li. con. cum Jo. Shackespeare et de placito con. de vj. parte ij. partium ij. mess. ij. gard. ij. pom. lv. vj.s. viij.d. acr. terræ et al. cum pertin. in Snytterfeild. R. per me Johannem Cowper, subvic. The circumstances of John Shakespeare at this period have never yet been so fully developed, and they lead inevitably to the conclusion that for some reason or other he was greatly in want of money. It is not very easy to say how long this pressure continued, but it was probably of considerable duration; for it seems that on Sept. 29, 1580, he tendered the mortgage-money due to Lambert, but was unable or unwilling to pay other debts at the same time. This appears from the replication of John and Mary Shakespeare in the proceedings of the Chancery suit, 1597, and the fine just given above tells us very plainly that in order to furnish the mortgage-money, he was obliged to dispose of a valuable reversionary interest; for it is hardly likely, considering the age and ill-health of Agnes Arden in 1580, anything short of necessity weuld have induced him to sell it. The proceedings of the Chancery suit, relating to this period, although taking place in 1597, must be introduced here. John and Mary Shakespeare mortgaged the estate to Lambert in 1578 for £40, and two years afterwards they tendered that sum in discharge, which was declined, unless other debts, also due to Lambert, were paid. On Lambert's death his son John retained possession of the premises, and the present suit was instituted to recover them. No decree in this case has been found, and Mr. Collier gives it as his opinion that the estate was relinquished by Lambert to John Shakespeare, perhaps on the payment of the £40, and of the sums which his father had required from John and Mary Shakespeare in 1580, and which in 1597 they did not dispute to have been due." But surely if John Shakespeare's tender in 1580 were legal, some compensation would have been awarded for the illegal occupation by Lambert. To the righte honorable Sir Thomas Egerton, knighte, lorde keper of the greate seale of Englande. In most humble wise complayninge, sheweth unto your good lordshippe your dailye oratours John Shakespere of Stratford upon Avon, in the county of Warwicke, and Mary his wief, that whereas your saide oratours were lawfully seised in their demesne as of fee, as in the righte of the saide Mary, of and in one mesuage and one yard land with thappurtenaunces, lyinge and beinge in Wylnecote, in the saide county: And they beinge thereof so sesed, for and in consideracion of the some of fowerty pounds to them, by one Edmounde Lamberte of Barton on the Heath in the saide countie paide, your sayde oratours were contente that he the saide Edmounde Lamberte shoulde have and enjoye the same premisses, untill suche tyme as your sayde oratours did repaie unto him the saide some of fowertie pounds: By reasone whereof the saide Edmounde did enter into the premisses and did occupie the same for the space of three or fower ycares; and thissues and profyttes thereof did receyve and take, after which your saide oratours did tender unto the saide Edmounde the sayde somme of fowerty pounds, and desired that they mighte have agayne the sayd premisses accordinge to theire agreement; which money he the sayde Edmounde then refused to receyve, sayinge, that he woulde not receyve the same, nor suffer your sayde oratours to have the saide premisses agayne, unlesse they woulde paye unto him certayne other money which they did owe unto him for other matters; all which notwithstandinge, nowe so yt ys; and yt maye please your good lordshippe, that shortelie after the tendringe of the sayde fowertie pounds to the saide Edmounde, and the desyre of your sayde oratours to have theire lande agayne from him, he the saide Edmounde att Barton aforesayde dyed, after whose deathe one John Lamberte, as sonne and heire of the saide Edmounde, entred into the said premisses and occupied the same; after which entrie of the sayde John your said oratours came to him and tendred the saide money unto him, and likewise requested him that he woulde suffer them to have and enjoye the sayde premisses accordinge to theire righte and tytle therein and the promise of his saide father to your saide oratours made, which he the saide John denyed in all things, and did withstande them for entringe into the premisses, and as yet doeth so contynewe still; and by rcasone that certaine deedes and other evydences concerninge the premisses and that of righte belong to your saide oratours, are coume to the hands and possession of the sayde John, he wrongfullie still keepeth and detayneth the possession of the saide premisses from your saide oratours, and will in noe wise permytt and suffer them to have and enjoye the sayde premisses accordinge to theire righte in and to the same; and he the saide John Lamberte hathe of late made sondrie secreate estates of the premisses to dyvers persones to your said oratours unknowen, whereby your saide oratours cannot tell againste whome to bringe theire accions att the comen lawe, for the recovery of the premisses: In tender consideracion whereof, and for so muche as your saide oratours knowe not the certaine dates or contentes of the saide wrytings, nor whether the same be contayned in bagge, boxe, or cheste, sealed locked or noe, and therefore have no remeadie to recover the same evydences and wrytings by the due course of the comen lawes of this realme; and for that also by reasone of the saide secreate estates so made by the saide John Lamberte as aforesaide, and want of your saide oratours havinge of the evidences and wrytings as aforesaide, your sayde oratours cannot tell what accions or against whome, or in what manner to bring theire accion for the recoverie of the premisses at the comen lawe; and for that also, the sayde John Lamberte ys of greate wealthe and abilitie, and well frended and alied amongest gentlemen and freeholders of the countrey in the saide countie of Warwicke, where he dwelleth, and your saide oratours are of small wealthe and verey fewe frends and alyance in the saide countie, maye yt therefore please your good lordshippe to graunt unto your saide oratours the Queenes Majesties moste gracyous writte of subpoena, to be directed to the saide John Lamberte, comandinge him thereby att a certaine daie and under a certaine payne therein to be lymytted, personally to appear before your good lordshippe in her Majesties highnes courte of chauncerie, then and there to answere the premisses; and further to stande to and abyde suche order and direction therein, as to your good lordshippe shall seeme best to stande, with righte, equytie, and good conscyence, and your sayde oratours shall daylie praye to God for the prosperous healthe of your good lordshippe with increase of honour longe to contynewe. J. STOVELL. The answeare of John Lamberte, defendante, to the byll of complainte of John Shakspeere and Mary his wief complainantes. The said defendante (savinge to himselfe both nowe and att all tymes hereafter, all advantage of excepcion to the uncertentie and insufficiencie of the said complainants byll, and also savinge to this defendante such advantage as by the order of this honorable courte he shalbe adjudged to have, for that the like byll, in effecte conteyninge the selfe-same matter, hath byne heretofore exhibited into this honorable courte againste this defendante, wherunto this defendante hath made a full and directe answeare wherin the said complainante hath not proceeded to hearinge) for a seconde full and directe answeare unto the said complainantes byll sayeth, that true yt is (as this defendante verylie thinkethe,) that the said complainants were, or one of them was, lawfully seized in theire or one of theire demeasne, as of fee, of and in one messuage, and one yearde and fower acres of lande with thappurtenances, lyeinge and beinge in Wilmecott, in the parishe of Aston Cawntloe in the countie of Warwicke, and that they or one of them soe beinge thereof seized, the said complainante John Shakspeere by indenture beringe date uppon or about the fowertenth daye of November, in the twentieth yeare of the raigne of our Sovereigne Lady the Queenes Majestie that now ys, for and in consideracion of the summe of fortie pownds of lawfull Englishe monney unto the said complainante paide by Edmunde Lamberte, this defendants father in the said byll named, did geve, graunte, bargaine, and sell the said messuage, and one yearde and fower acres of lande with thappurtennaunces, unto the saide Edmunde Lamberte, and his heires and assignes, to have and to holde the said messuage, one yearde, and fower acres of lande with thappurtenaunces unto the saide Edmunde Lamberte, his heires and assignes, for ever: In which indenture there is a condicionall provisoe conteyned, that if the said complainante did paye unto the said Edmunde Lamberte the summe of fortie pownds uppon the feast daie of St. Michell tharchangell which shoulde be in the yeare of our Lorde God one thousande fyve hundred and eightie, att the dwellinge howse of the said Edmund Lamberte, in Barton on the Heath in the said countie of Warwicke, that then the said graunte, bargaine, and sale, and all the covenaunts, graunts, and agreements therin conteyned, shulde cease and be voyde, as by the said indenture, wherunto this defendante for his better certentie doth referre himselfe, may appeare; and afterward, the said complainante John Shakspeere, by his Deede Pole and Liverie theruppon made, did infeoffe the said Edmunde Lamberte of the saide premisses, to have and to holde unto him the said Edmunde Lamberte and his heires for ever; after all which, in the terme of Ester, in the one and twenteth yeare of the Queenes Majesties raigne that nowe ys the said complainantes in due forme of lawe did levye a fyne of the said messuage and yearde lande, and other the premisses, before the Queenes Majesties justices of the comon plees att Westminster, unto the saide Edmunde Lamberte, and his heires, sur conizance de droyt, as that which the said Edmunde had of the gifte of the said John Shakspeere, as by the said pole deede, and the chirographe of the said fine, wherunto this defendante for his better certentie referreth himselfe, yt doth and maye appeare: and this defendante further sayeth, that the said complainante did not tender or paye the said summe of fortie pownds unto the said Edmunde Lamberte, this defendants father, uppon the said feaste daye, which was in the yeare of our Lorde God one thowsande fyve hundred and eightie, accordinge to the said provisoc in the said indenture expressed. By reason whereof this defendants said father was lawfully and absolutly scized of the said premisses in his demeasne as of fee, and aboute eleven yeares laste paste thereof, dyed seized: by and after whose decease the said messuage and premisses with thappurtenaunces descended and came, as of righte the same oughte to descende and come, unto this defendante, as sonne and nexte heire of the said Edmunde; by vertue whereof this defendante was and yet is of the said messuage, yearde lande and premisses, lawfully seized in his demeasne as of fee, which this defendante hopeth he oughte both by lawe and equitie to enjoye, accordinge to his lawfull righte and tytle therin: and this defendante further sayeth, that the said messuage, yearde lande, and other the said premisses or the moste parte thereof, have ever sythence the purches therof by this defendantes father, byne in lease by the demise of the said complainante; and the lease therof beinge nowe somewhat nere expyred, wherby a greater value is to be yearly raised therby, they the said complainants doe now trowble and moleste this defendante by unjuste suts in lawe, thinkinge therby, (as yt shoulde seme,) to wringe from him this defendante some further recompence for the said premisses then they have alreddy received: without that that yt was agreed that the said Edmunde Lamberte shoulde have and enjoy the said premisses in anie other manner and forme, (to the knowledge of this defendante,) then this defendante hath in his said answeare heretofore expressed, and without that, that anie deedes or evidences concernynge the premisses that of righte belonge to the said complainantes are come to the handes and possession of this defendante, as in the said byll is untruly supposed, and without that, that anie other matter, cause, |