T
HIS Indenture, made the first day of March, in the yeare of the rayne of our Sovereign Lord James, by the grace of God of England, Scotland, France, and Ireland, Kinge, Defendor of the Faith, etc., the two and twentieth, and of Scotland the eight and fieftieth, Between John Hall of Stratford upon Avon, in the countie of Warwick, gente., on the one partie, and Frauncis Smith of the Burrowe of Stratford aforesaid, Danyell Baker of the same, gente., Frauncis Aynge of the same, gente., and Anthony Smith of the same, gente., on the other partie : Witnesseth, that whereas Anthony Barker, clarke, late warden of the late Colledge or Collegiate Church of Stratford upon Avon, in the said countie of Warwick, and Gyles Coventree, sub-warden there, and the whole chapter of the same late colledge, by their deed, indented, sealed with there chapter seal, dated the seaventh day of September, in the six and thirtieth yeare of the raigne of the late King of famous memorie, King Henrie the Eighte, demised, graunted, and to farme lett, amongst divers other things, unto one William Barker, of Sonnynge, in the countie of Bark, gente., all and all manner of tythes of corne, grayne, blade, and hey yearlie, and from tyme to tyme comeinge, encreaseinge, reneweinge, arriseinge, groweinge, yssueinge, or happeninge, or to be had, received, perceived, or taken oute, upon, off, or in the townes, villages, hamletts, grounds, and fields of Stratford upon Avon, Olde Stratford, Wellcombe, and Bishopton, in the said Countie of Warwick ; and also all and all manner of tythes of wooll, lambe, and other small and privye tythes, oblacions, obvencions, alterages, mynuments, and offerings whatsoever, yearlie and from tyme to tyme encreaseinge, renewinge, or happeninge, or to be had, received, perceived, or taken, within the parish of Stratford upon Avon aforesaid, in the said countie of Warwick, by the name or names of all and singular there mannors, lands, tenements, meadows, pastures, feedings, woods, underwoods, yearelie rents, revercions, services, courts, leits, releeves, wards, marriages, harriotts, perquisites of courtes, liberties, jurisdicions, and all other hereditaments, with all and singular other rights, commodities, and there appurtenaunces, together with all and all manner of persoenages, glebe lands, tythes, alterages,
/ p.300 / oblacions, obvencions, mynuments, offerings, and all other yssues, proffitts, emoluments, and advantages, in the countie of Warwick or Worcester, or elsewhere whatsoever they be, unto the said then colledge apperteineinge, the maunsion house, and scyte of the said colledge, with their appurtenances, within the precincts of the wall of the said colledge, unto the warden and sub-warden only excepted, To have and to holde all the said mannors, lands, tenements, and all other the premisses, with all and singular their appurtenances (except before excepted), unto the said colledge belongeinge, or in anywyse appertaininge, unto the said William Barker, his executors and assigns, from the feaste of St. Michall tharchangell then laste paste before the date of the said indenture, unto thende and term of fourscore and twelve years thence nexte ensueinge, yeldeinge and payinge therefore yearlie unto the said warden and subwarden, and their successors att the said colledge, one hundred twentie two pounds eighteen shillings nyne pence of lawfull money of England, as more playnelie appeareth by the said indenture. And whereas alsoe the revercion of all and singular the said premisses, amongst other things, by virtue of the Acte of Parliament made in the first yeare of the rayne of the late soveraigne lord Kinge Edward the Sixth, for the dissolution of chauntries, colledges, and free chappells, or by some other meanes, came to the hands and possession of the said late Kinge Edward, and whereas the said late Kinge Edward the Sixth being seised, as in righte of his crowne of England, of and in the revercion of all and singular the premisses, by his lettres pattents, beareinge date the eighte and twentieth day of June, in the seaventh yeare of his raigne, for the consideration therein expressed, did give and graunte unto the bayliffe and burgesses of Stratford aforesaid, and to there successors, amongste other things, all and all manner of the said tythes of corne, grayne, and hey, cominge, encreaseinge, or arryseinge in the village and fields of Olde Stratford, Wellcombe, and Bishopton aforesaid, in the said countie of Warwick, then or late in the tenure of John Barker, and to the late colledge of Stratford upon Avon, in the said countie of Warwick, of late belongeing and appertainin , and parcell of the possession thereof beinge, and alsoe all and all manner of the said tythes of wooll, lambe, and other small and privie tythes, oblacions, and alterages whatsoever, within the parish of Stratford upon Avon aforesaid, and to the said late colledge of Stratford upon Avon belongeinge or apperteineinge, and then late in the tenure of William Barker, or of his assigns, and the revercions and revercions whatsoever of all and singular the said tythes, and every part and parcell thereof, and all rents, revenues, and other yearlie proffitts whatsoever reserved upon any demise or graunte of the said tythes, or any part or parcell thereof. And whereas alsoe the interests of the said premisses in the said originall lease mentioned, and the interests of certaine coppyholders in Shotterie, in the parish of Stratford aforesaid, beinge by good and lawful conveyance and assurance in lawe before that tyme conveyed and assured unto one John Barker, of Hurste, in the said countie of Bark, he, the said John Barker, by his indenture beareinge date the four and twentieth day of June, in the two and twentieth yeare of the raine of the late Queen Elizabeth, for the considera-
/ p.301 / tions therein speciefied, did give, graunte, assigne, and sett over unto Sir John Huband, knighte, all and singular the said laste mencioned premisses, and all his estate, righte, title, and intereste, that he then had to come of and in and to all and singular the said premisses, and all other mannors, messuages, lands, tenements, glebe lands, tythes, oblacions, commodities, and profitts in the said originall lease mencioned, for and dureing all the years and terme then to come unexpired in the said originall lease conteined or specified (excepting as in and by the said last mencioned indenture is excepted), as by the same indenture more at large may appeare ; To have and to holde all and singular the said recyted premisses, except before excepted, to the said Sir John Huband, his executors and assignes, for and dureing the yeares then to come of and in the same, yeldinge and payinge therefore yearlie, after the feaste of St. Michall tharchangell next ensueinge the date of the said laste mencioned indenture, for and duringe all the years mencioned in the said first mencioned indenture then to come and not expired, unto the said John Barker, his executors, administrators, and assigns, one annuall or yearlie rente of twentie seaven pounds thirteen shillings four pence by the yeare, to be issueing and goeing out of all the mannors, lands, tenements, tythes, and hereditaments, in the said indenture specified to be paid yearlie unto the said John Barker, his executors, administrators, and assignes, by the said Sir John Huband, his executors, administrators, and assignes, at the feaste of thannunciation of our Ladie and St. Michall tharchangell, or within fortie dayes after the said feaste, in the porch of the parish church of Stratford aforesaid, by even portions ; and further payinge, doeinge, and performinge all such other rents, duties, and service as att any tyme from thenceforth, and from tyme to tyme for and dureing the term aforesaid, shoulde become due to any person or persons for the same premisses, or any parte thereof, and thereof discharge the said John Barker, his executors and assignes; and yf it should happen the said twentie seaven pounds thirteen shillings four pence to be behinde and unpaid in parte or in all by the space of fortie dayes nexte after any of the said feasts or days of payment in which, as is aforesaid, it ought to be paid, beinge lawfullie asked, that then yt shoulde be lawfull for the said John Barker, his executors, administrators, and assignes, into all and singular the premisses, with their appurtenances, and everie parte and parcell thereof, to reenter, and the same to have againe as in his or their former righte ; and that then and from thenceforth the said recyted indenture of assignment, and everie article, covenant, clause, provisoe, and agreement therein contained, on the parte and behalf of the said John Barker, his executors, administrators, and assignes, to be performed, should cease and be utterlie voyd and of none effecte, with divers other covenants, graunts, articles, and agreements in the said indenture of assignment specified to be observed, and performed by the said Sir John Huband, his executors and assignes, as in and by the said recyted indenture it doeth and may appeare. And whereas the said Sir John Huband did, by his deed obligatorie, bynd himself and his heires to the said John Barker in a greate sum of money for the performance of all and singular the covenants, graunts, articles, and agree-
/ p.302 / ments which, on the parte of the said Sir John Huband weare to be observed and performed, conteined and specified, as well in the said recyted indenture of assignment, as alsoe in one other indenture bearing the date of the said recyted indenture of assignment, made betweene the said John Barker on the one parte, and the said Sir John Huband on the other parte, as by the said deed obligatorie more at large it doeth and may appeare. And whereas alsoe the said Sir John Huband, by his laste will and testament in writeing, did give and bequeth unto his executors amongst other things the moietie, or one half of all and singular the said tythes, as well grate as small before mencioned, to be graunted to the said bayliffe and burgesses of Stratford, for and dueringe soe long tyme, and untill of the issues and profitts thereof, soe much, as with other things in his said will to that purpose willed, lymitted, or appoynted, should be sufficiente to discharge, beare, and pay his funeral debts and legasies ; and alsoe by his said laste will and testament did give and bequeth the other moitie or one halfe of the said tythes unto Raphe Huband his brother, and his assignes, duering all the yeares to come in the said first mencioned indenture and not expired, paying the one halfe of the rents and other charge due, or going out of or for the same (that is to say), the one halfe of tenn poundes a yeare to be paid to the said John Barker over and above the rente thereof reserved upon the said originall lease for the same, as by the said will and testament more playnelie appeareth. And whereas the said Raphe Huband, by his indenture of graunte and assignment, bearinge date the four and twentieth day of Julie, in the yeare of the raigne of our sovereigne lord James, now Kinge over England the third, and of Scotland the eighte and thirtieth, made between him the said Raphe Huband, by the name of Raphe Huband, esquier, on the one partie, and William Shakespere, of Stratford upon Avon, in the countie of Warwick, gente., on the other partie, did, for good causes and valuable consideracions in the said indenture specified, demise, graunte, assigne, and sett over unto the said William Shakespere, his executors and assignes, the moitie, or one half of all and singular the said tythes of corne, grayne, blade, and hey yearlie, from tyme to tyme cominge, encreaseinge, renewinge, ariseinge, groweinge, yssueinge, or happeninge, or to be had, received, perceived, or taken out of, upon, or in the townes, villages, hamletts, grounds, and fields of Stratford, Old Stratford, Wellcombe, and Bishopton aforesaid, in the said countie of Warwick, and alsoe the moitie or one halfe of all and singular the said tythes of wooll, lambe, and other small and privie tythes, herbage, oblacions, obvencions, altarages, mynuments, and offerings whatsoever, yearlie, and from tyme to tyme comeing, encreaseing, reneweing, or happening, or to be had, received, perceived, or taken within the parish of Stratford upon Avon aforesaid ; and also that moitie, or one halfe of all and all manner of tythes, as well great as small whatsoever, which was by the last will and testament of the said Sir John Huband given and bequethed to the said Raphe Huband, arriseinge, encreaseing, reneweinge, or groweinge within the said parish of Stratford upon Avon, and whereof the said Raphe Huband hath att any tyme heretofore beene, or of right ought to have beene possessed, or whereunto he then had, or at any tyme
/ p.303 / thereafter should have, any estate, righte, or intereste in possession or revercion, and all thestate, righte, tytle, intereste, terme, clayme, or demand whatsoever of the said Raphe Huband, of, in, and to all and singular the premises lastelie mencioned to be graunted and assigned, and evrie or any part or parcell thereof, and the revercion and revercions of all and singular the said premisses, and all and singular rents and yearlie proffitts reserved upon any demise, graunte, or assignment thereof, or of any parte or partes thereof made (the privie tythes of Ludington, and such parte of the tythe, hey, and privie tythes of Bishopton, as of righte doe belonge to the vicar, curate, or minister there for the tyme being always excepted and foreprised) : To have and to holde all and evrie the said moities, or one half of all and singular the said tythes, before, in, and by these presents lastly mencioned to be graunted and assigned, and everie part and parcell of them, and evrie of them, and all thestate, righte, tytle, and intereste of the said Raphe Huband, of, in, and to the same, and all other thafore demised premisses, and evrie parte and parcell thereof (excepte before excepted), unto the said William Shakespere, his executors and assignes, from the day of the date of the said indenture, for and duering the resydue of the said terme of fourscore and twelve yeares in the said first recyted indenture mencioned, and for such and soe long terme and tyme, and in as large, ample, and beneficiall manner as the said Raphe Huband should or might enjoye the same, yeldinge and payinge therefore yearlie, dureinge the residue of the said terme of fourscore and twelve years which be yett to come and unexpired, the rente hereafter mencioned, in manner and forme following, that is to say, to the said bayliffe and burgesses of Stratford aforesaid, and their successors, the yearlie rente of seaventeen pounds, at the feaste of St. Michall tharchangell and thannunciation of blessed Marie the Virgyn by equal porcions, and unto the saide John Barker, his executors, administrators, or assignes, the annuall or yearlie rente of five pounds at the feaste dayes and place lymitted, appointed, and mencioned in the said recyted indenture of assignment made by the said John Barker, or within fortie dayes after the said feaste dayes, by even porcions, as parcell of the said annuall rente of twentie seaven pounds thirteen shillings four pence in the said assignmente mencioned. And whereas the said William Shakespere, being possessed of the said moitie, or parcell of the said tythes, to him soe graunted and assigned by the said Raphe Huband, by his laste will and testament, bearing date the fyve and twentieth day of March, in the yeare of the raigne of our Sovereign Lord James, now Kinge over England the fowerteenth, of Scotland the nyne and ffortythe, did devise and will unto the said John Hall and Susanna his wife all the said moitye, or one halfe parte of the said tythes to him soe graunted or assigned by the said Raphe Huband, together with all his estate and terme of years therein then to come and unexpired ; by force and virtue whereof, or some other good assurance in lawe, the said John Hall and Susanna doe, or one of them doeth, nowe stand lawfullie estated and possessed of the said moitie of all and everie the said tythes for and duering the resydue of the said tyme of fourscore and twelve yeares yett to come and not expired, Now this indenture witnesseth that the said John Hall, for, and
/ p.304 / in consideration of the sum of four hundred pounds of lawfull money of England, to his hands paid by the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, before theire sealeinge and deliverye hereof well and trulie contented and paid, whereof, and of everie parte and parcell whereof, he, the said John Hall, doeth, by these presents, acknowledge the receipte, and thereof, and of evrie parte and parcell thereof, doethe severallie exonerate, acquit, and discharge the said Francis Smith, Danyell Baker, Francis Aynge, and Anthony Smith, their executors and administrators for ever, by these presents hath demised, graunted, assigned, and sett over, and by these presents doethe demise, graunte, assigne, and sett over unto the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, their executors and assignes, all the said moietie, or one halfe of all and singular the said tythes of corne, grayne, blade and hey yearlie, and from tyme to tyme comeinge, encreaseinge, reneweinge, arriseinge, groweing, yssueinge, or happeninge, or to be had, received, perceived, or taken oute of, upon, or in the townes, villages, hamletts, groundes, and fields of Stratford, Old Stratford, Wellcombe, and Bishopton aforesaid, in the said Countie of Warwick, the tythes of two closes late leased to William Combe, esquier, att the yearlie rente of twentie shillings excepted ; and also the said John Hall, by these presents, doth graunte, assigne, and sett over the moitie, or one halfe of all and singular the said tythes of wooll, lambe, and other small and privie tythes, herbage, oblacions, obvencions, altarages, mynuments, and offerings whatsoever yearlie, and from tyme to tyme comeinge, encreaseinge, reneweinge, or happening, or to be had, receivede, perceived, or taken within the parish of Stratford upon Avon aforesaid ; and alsoe all that moitie, or one halfe of all and all manner of tythes, as well greate as small whatsoever, which was by the laste will and testament of the saide Sir John Huband, given and bequethed unto the said Raphe Huband, arriseinge, encreaseinge, reneweinge, or groweinge within the said parish of Stratford upon Avon, and whereof the said Raphe Huband hath att any tyme heretofore bene, or of righte ought to have bene possessed, or whereunto the said John Hall and Susanna, or either of them nowe hath, or have, or att any tyme hereafter shall, or oughte to have, any estate, righte, terme, estate, or intereste, in possession or revercion, and all the estate, righte, title, intereste, terme, clayme, and demand whatsoever, of the said John and Susanna, or which of righte belongeth to there said testator's estate, or which they have, or either of them hath, as executor or executors of the last will and testament of the said William Shakespere, of, in, or to all and singular the premisses and tythes hereby lastlie mencioned to be graunted or assigned, and every or any parte or parcell thereof, and the revercion of all and singular the said tythes and premisses, with the said yearlie rente or sume of twentie shillings reserved upon the said lease made to the said William Combe, and all and singular rentes and yearlie profitts reserved upon any demise, graunte, or assignment of any parte or partes thereof heretofore made, the privie tythes of Ludington, and such parte of the tithe hey, and privie tythes of Bishopton as of righte doe belonge unto the vicar, curate, or minister for the tyme being, and the said tythes of the said
/ p.305 / two closes leased unto the said William Combe, alwaies excepted and foreprized : To have and to holde all and everie the said moities, or one halfe of all and singular the said tythes, and evrie parte and parcell of them, and everie of them, and all the premisses by the said William Shakespere devised, and all the estate, righte, tytle, and intereste of the said John and Susanna of, in, or to the same, and all other the afore-demised premisses, and everie parte and parcell thereof (except before excepted), unto the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, their executors and assignes, for and duringe the resydue of the said fourscore and twelve yeares in the said firste recyted indenture mencioned, and for such and soe long tyme, and in as large, ample, and beneficiall manner and forme as the saide John and Susanna Hall, or either of them, shoulde or oughte to enjoye the same, by force and virtue of the laste will and testament of the said William Shakespere, or his executor or executors thereof, yeldinge and payinge therefore yearlie, duringe the resydue of the said terme of fourscore and twelve years which bee yett to come and unexpired, the rents hereafter mencioned, in manner and forme followinge ; that is to say, to the bayliffs and burgesses of Stratford aforesaid, and there successors, the yearlie rente of seaventeene pounds, att the feaste of Ste. Michall tharchangell and thannunciation of Blessed Marie the Virgyn, by even porcions, and unto the said John Barker, his executors, administrators, or assignes, the annuall or yearlie rente of five poundes, att the feaste dayes and place lymitted or mencioned in the said recyted indenture of assignmente made by the said John Barker, or within fortie days after the said feaste dayes, by even porcions, as parcell of the saide annuall rente of twentie seaven poundes thirteene shillings four pence in the said assignmente mencioned. And the said John Hall, for hym, his heirs, executors, and assignes, doethe by these presents coveynante and graunte to and with the said Francis Smith, Danyell Baker, Francis Aynge, and Anthony Smith, their executors, administrators, and assignes, that he the saide John Hall, at the tyme of these sealeinge and delivering of these presents, notwithstandinge any acte or thinge by him the said John, and Susanna his wife, or the said William Shakespere, done, suffered, or assented unto to the contrarie, hath, and att the tyme of the firste execution or intencion of any execucion, of any estate by force of these presents, shall have full power, and lawfull and sufficyente awethoritie, certeinelie, surelie, and absoelutelie to graunte, demyse, assigne, and sett over, all and everie the saide moeties, or one halfe of all and singular the saide tythes, and other the premisses heretofore graunted as aforesaid to the said William Shakespeere by the said Raphe Huband (excepte before excepted), which moeties (excepte before excepted) are mencioned to be assigned and sett over, and evrie parte and parcell thereof, unto the said Francis Smith, Daniell Baker, Francis Aynge, and Anthonye Smith, their executors and assignes, accordinge to the true entente and meaninge of these presents. And alsoe that the said Francis Smith, Daniell Baker, Francis Aynge, and Anthonye Smith, their executors, administrators, and assignes, shall and may from tyme to tyme, and att all tymes dureinge the resydue of the said fourscore and twelve yeares
/ p.306 / yett to come and unexpired, for the yearlie severall rents above by these presents mencioned to be reserved, notwithstandinge any such acte or thing done, or suffered to the contrarye, by the said John, Susanna, or William Shakespeere, peaceablelie, lawfullie, and quietlie have, holde, occupye, possess, and enjoye, all and everie the said moities, or one halfe of all and singuler the saide tythes of corne, grayne, blade, hey, wooll, and lambe, and other smalle and privie tythes, alterages, oblacions, obvencions, offerings, and other the premisses ; which moeties are by these presents graunted and assigned, and everie parte and parcell thereof, excepte before excepted, withoute any lett, trouble, entrie, distresse, blayme, denyall, interupcion, or molestacion whatsoever, of the said John Hall, his executors, administrators, or assignes, Susanna his wife, or of any other person or persons whatsoever haveing, or clayming to have, or which att any tyme or tymes hereafter shall or may have, or clayme to have, any thing of, in, or to the afore graunted premisses, or any parte thereof, by, from, or under the said John Hall, his executors, administrators, or assignes, the said William Shakespeere, his executors, administrators, or assignes, or any of them, or by there or any of there meanes, consente, acte, assente, privitie, sufferance, neglecte, or procuremente, thestate and intereste of the Lord Carew, of, in, and to the tythes of Bridgetowne, and Ryen Clifford excepted, and oute of these presents foreprised. And the said John Hall, for them, his heirs, executors, administrators, and assignes, doeth covenante and graunte to and with the said Francis Smith, Daniell Baker, Francis Aynge, and Anthonye Smith, there executors, administrators, and assignes, that all and everie the said moities of the said tythes, which moities are before mencioned to be graunted to the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, and other the premisses, excepte before excepted, now are and be, from tyme to tyme, and att all tymes hereafter, dueringe the resydue of the said fourscore and twelve yeares yett to come and unexpired, accordinge to the true meaneinge hereof, shall remayne and contynue unto the said Francis, Daniell, Francis, and Anthonye Smith, there executors and assignes, free and cleere, and freelie and cleerlie acquited, exonerated, and discharged, or well and sufficientlie saved and kept harmeles of and from all and all manner of bargaines, sailes, guifts, assignments, leases, recognizances, statute merchaunt, and of the staple outelawries, judgements, execucions, tytles, troubles, charges, incombrances, and demands whatsoever heretofore had, made, done, comytted, omitted, assented unto, or suffered, or hereafter to be had, made, done, comitted, omitted or suffered by the said John Hall, Susanna his wife, or any of them, there, or any of there executors, administrators, or assignes, or any of them, or any person or persons whatsoever, claymeinge from, by, or under them, or any of them, or by there or any of there meanes, acte, tytle, graunte, forfeiture, consent or procuremente, excepte before exceptede. And alsoe that the said John Hall, his executors, administrators, and assignes, shall and will from tyme to tyme, and att all tymes hereafter, dureinge the space of five yeares nexte ensueinge the date hereof, upon reasoenable requeste, and att the coste and charge in the lawe of the said Francis Smith, Daniell Baker, Francis Aynge, and
/ p.307 / Anthonye Smith, there executors or assignes, doe performe and execute, and cause, permitt, and suffer to be done and performed, and executed, all and everye such further and reaseonable acte and actes, thinge and things, demise and demises in the lawe whatsoever, be yt or they by any meanes, acte, course, devise or assurance in the lawe whatsoever, as by the said Francis Smith, Daniell Baker, Francis Aynge, and Anthonye Smith, their executors or assignes, or there or any of there learned counsell shall be reasoenablie devised, advised, or required for the confirmacion of these presents, or for the further or more better or firmer assurance, suretie, suremakeing, and conveying of all and singular the premisses before by these presents demysed or assigned, or mente, or intended to be demised and assigned, and evrie parte and parcell thereof, unto the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, their executors and assignes, dureinge all the resydue of the said terme of fourscore and twelve yeares yett to come and unexpired, according to the true intent and meaneinge of these presents, soe as the said John Hall, his executors or assignes, be not thereby compelled to travell for the doeinge thereof out of the Countie of Warwick, nor to enter into any more ample, large or further warrantie than what is herein expressed. And the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, doe by these presents, for them and everie of them, there heires, executors, and administrators, covenant and graunte to and with the said John Hall, his executors, administrators, and assignes, and evrie of them, that they the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, their executors, administrators and assignes, shall and will, dureinge the resydue of the said fourscore and twelve yeares which be yett to come and unexpired, yearlie contente and pay the severall rents above mencioned, videlicet, seaventeene poundes yearlie to the bayliffe and burgesses of Stratford aforesaid, and five poundes to the said John Barker, his executors or assignes, att the dayes and places aforesaid on which that yt oughte to be paid, according to the purport and true meaneinge of these presents dureinge the said terme, and thereof shall and will att all times hereafter discharge, save harmeles, and keep indemnyfied, the said John Hall and Susanna his wife, their executors, administrators, and assignes. And it is explayned, declared, and agreed, by and betweene the partes to these presents, that these present indentures, or any matter or thing herein conteined, shall not extend, or be of force, to compell the said John Hall, his heirs, executors, or administrators, or any of them, to any further or more large or more generall warrantie or acquittal then onelie against and from [ anie ] acte and thinge made, committed, or done, or wittinglie or willinglie sufferred to be done by him the said John Hall, Susanna his wife, and William Shakespere, or by them or any of them, or by there or any of there heirs, executors, administrators, or assignes. And furthermore this Indenture witnesseth, that whereas the said Raphe Huband did become bound to the said William Shakespeare deceased, by one obligacion or writeinge obligatorie, beareinge date the four and twentieth daye of Julye, in the third yeare of the raigne of the Kings Majestie that nowe is over England, in the sume of eighte hundred
/ p.308 / pounds of lawfull English money, to be payd unto the said William Shakespere, his executors, administrators, or assignes, or some of them, with condicion subscribed for the performance of the coveynants and agreements conteined in the said indenture of assignment made by the said Raphe unto the said William Shakespere, as by the said writeing obligatorie more at large dothe and maye appeare ; and whereas the said bond is nowe come and accrewed unto the said John Hall and Susanna, or one of them, as executor or executors of the laste will and testament of the said William Shakespere, now the said John Hall, for and in consideration of the premisses, hathe bargained and solde, and by these presents doeth bargaine and sell unto the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, there executors, administrators, or assignes, the said obligacion or writeinge obligatorie of eighte hundred pounds aforesaid ; and also, by these pressents doeth make, constitute, and in the place of him and the said Susanna, either and everie of them, putt the said Francis Smith, Daniell Baker, Francis Aynge, and Anthony Smith, his true and lawfull atturney in his name, or in the names of him and Susanna his wife, or either of them, and place to aske, demande, leavie, recover, and receive of the said Raphe Huband, his heirs, executors, and administrators, and evrie of them, the said eighte hundred pounds in the said writinge obligatorie mencioned and expressed, soe soone as the said wrietinge obligatorie shall come forfeited ; and alsoe, by these pressents, doeth give and graunte full power and awethoritie unto the saide Francis, Daniell, Francis, and Anthony, their executors, administrators, and assignes, to arreste, imprison, or cause to be arrested and condempned, the said Raphe Huband, his heirs, executors, and administrators, or any of them, upon the said bond obligatorie of eighte hundred pounds, and alsoe to procure judgemente and execucion to be had and made against the said Raphe, his heirs, executors, and administrators, and everie or any of them for the same, and release and releases, acquittance and acquittances to make, seale, and deliver unto them, and everie or any of them, of the same sum of eight hundred pounds, and one atturney or more for the doeing of the premisses, to make and the same to revoke and newe in his or there place to substitute, and to doe, perform, and execute all and singular thing and things needfull and necessary concerning the premisses soe fullie as he the said John Hall and Susanna or either of them could or mighte do, the same being personallie presente att the doeinge thereof ; And the said John Hall, for him, his heirs, executors, and assignes, doeth further covenant, graunte, and agree, by these pressents to and with the said Francis, Daniell, Francis, and Anthony, and everie of them, there and everie of there executors and assignes, that neither he the said John, his executors nor assignes, nor the said Susanna, nor her executors or assignes, shall or will att any tyme hereafter release the said debte of eight hundred pounds, or any parte thereof, nor revoke, countermand, or annull this present lettre of atturney, nor any awethoritie hereby given, and that upon the receipte of the said sume of eighte hundred pounds, or any parte thereof, yt shall be lawfull to and for the said Francis, Daniell, Francis, and Anthony, there executors and assignes, to holde, deteine, and convert the same to there own proper uses, without any accompte thereof to be made or
/ p.309 / yelded unto the said John or Susanna, their executors or assigns. In witnes whereof the parties above said to these indentures interchangeablelie there hands and seales have putt, the day and yeare first above written.
JO. HALL.
Sealed and delyvered in the presence of |
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Henry Walker.
Tho. Lucas.
William Wyatt.
Jo. Grene.
Wm. Smith.
Richard Castell.
William Shawe.
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Memorandum, that this deed or writinge was shewne forth to Anthony Smith and John Greene, gent., at the time of their examinacion taken before us, by virtue of a comission out of his Majesties High Court of Chancery to us directed, they being examined on the parte and behalfe of the bayliffe and burgesses of the Borough of Stratford upon Avon in the Countie of War., defendants at the suit of Thomas Wilson, clerk, and John Hall, gent., complainants, this 12th day of January, anno Domini 1634.
John Verney.
Edward Davies.
John Bridges.
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