James Halliwell: A Life of William Shakespeare (1848), Appendix, pages 309-312.
II.—Deed of Settlement of Shakespeare's Property,
1639.
This indenture tripartite made the seaven and twentieth day of May, anno Domini 1639, and in the fifteenth yeare of the raigne of our soveraigne lord Charles, by the grace of God, King of England, Scotland, Fraunce and Ireland, Defendour of the Faith, &c. Betweene Susan Hall of Stratford upon Avon in the countie of Warwicke widdowe, Thomas Nash of Stratford upon Avon aforesaid in the countie of Warwicke esq., and Elizabeth his wife, of the ffirst parte ; George Nash of the borrough of Southwarke in the countie of Surrey gent., and Edmond Rawlins of Stratford upon Avon aforesaid in the said countie of Warwicke gent., of the second parte ; and George Townesend of Staple Inn in the countie of Middlesex gent., and John Stephens of Staple Inn aforesaid in the said countie of Middlesex gent., of the third parte, Witnesseth that the said Susan Hall, Thomas Nash, and Elizabeth his wife, as well for the better barring and determynyng of an estate in taile heretofore made of all or some part of the messuages, lands, tenements, and hereditaments hereafter in theis presents mencioned, and for the setling of all the same messuages, lands, tenements, and hereditaments hereafter in theis presents mencioned, to such uses / p.310 / and in such manner as hereafter in theis presents is declared and mencioned, as also for divers and sundry other good causes and reasonable consideracions them the said Susan Hall, Thomas Nash and Elizabeth his wife, hereunto specially moving, doe in and by theis presents for themselves, their heires, executors, and administrators, covenaunt promise and graunt to and with the said George Nash and Edmond Rawlins, their heires, executors, and administrators, by theis presents, that they the said Susan Hall, Thomas Nash, and Elizabeth his wife, shall and will before the end of Trinitie Terme next ensuyng the date hereof, in and by one or more ffyne or ffynes to be levied with proclamacions, according to the forme of the statute in that case made and provided, by names and tearmes meete and convenient, recognize and acknowledge all that messuage or tenement with thappurtenaunces, scituate and being in Blackffriers, London, neere the Wardrobe, now or late in the tenure or occupacion of . . . . Dicks, cordiner, and heretofore in the occupacion of one John Robinson ; and all that one other messuage or tenement with thappurtenaunces scituate and being in Acton in the countie of Middlesex, nowe or late in the occupacion of one . . . . Leerewood or his assignes ; and all that capitall messuage or tenement with thappurtenaunces scituate and being in Stratford upon Avon in the said countie of Warwicke, commonlie called or knowne by the name of the New Place ; and all those two other messuages or tenements with thappurtenaunces scituate and bein in Stratford upon Avon aforesaid, in a certaine streete there called Henley streete, and nowe or late in the severall occupacions of Jane Hiccox and Johan Hart, widdowes ; and all and singular howses, edifices, buildings, chambers, cellars, sollers, lights, easements, barnes, stables, backsides, orchards, gardens, profitts, and commodities whatsoever, to the said severall messuages or tenements or any of them belonging or in any wise apperteyning, or accepted, reputed, esteemed or taken as part, parcell, or number of the same, or any of them ; and all those fower yards land and a halfe of arrable, meadowe and pasture, with thappurtenaunces, lying and being in the townes, hambletts, villages, feilds and grounds of Stratford upon Avon, Ould Stratford, Bishopton and Welcombe, in the countie of Warwicke, and all other the messuages, lands, tenements and hereditaments whatsoever, scituate lying and being in the townes, hambletts, villages, feilds and grounds of Stratford upon Avon, Ould Stratford, Bishopton and Welcombe, or any of them in the said countie of Warwicke, which heretofore were the inheritance of William Shakespeere gent. deceased, late father of the said Susan, to bee the right of the said George Nash, as those which the said George and Edmond shall have of the guift of the said Susan Hall, Thomas Nash, and Elizabeth his wife, and the same shall remise and quite clayme for them and their heires unto the said George Nash and Edmond Rawlins, and to the heires of the said George Nash for ever. And the said Susan Hall, Thomas Nash, and Elizabeth his wife, shall further by the same ffyne or ffynes graunt for them and their heires, that they shall warrant the said messuages or tenements, lands, and all and singular other the premisses, in the said ffyne or ffynes to bee comprised, to the said George Nash and Edmond Rawlins, and to the heires of the / p.311 / said George Nash for ever. And it is covenaunted, graunted, concluded, and fullie agreed, by and betweene all the said parties to theis presents, that the said ffyne or ffynes to bee levied in manner and forme aforesaid, or in any other manner or forme, shallbe and shallbe deemed, accepted, reputed, adjudged and taken to bee, and the cognisee or cognisees in the said ffyne or ffynes to be named, and his and their heyres, immediatelie from and after the levyinge and ingrossing of the said ffyne or ffynes, shall stand and bee seised of and in the said messuages, lands, tenements, and hereditaments, in the said ffyne or ffynes to bee comprised, to the onlie use and behoofe of the said George Nash and Edmond Rawlins, their heires and assignes, for ever, and to none other use, intent, or purpose whatsoever ; to the end, intent, and purpose, that the said George Nash and Edmond Rawlins may bee perfect tenants of the ffreehould and inheritance of all and singular the said messuages, lands, tenements, and premisses, against whome one or more common recovery or recoveries may bee had and suffered of all and singular the said premisses, according to the usuall forme of common recoveries, in such cases used and accustomed : And for that purpose, it is covenaunted, graunted, concluded, and fullie agreed, by and betweene the said parties to theis presents, that the said George Townsend and John Stephens, or one of them, shall and will before the end of the terme of St. . . . . next ensuyng the date of theis presents, pursue and prosecute one or more writt or writts of entry sur disseisin in le post against the said George Nash and Edmond Rawlins, whereby hee or they shall demaund the said messuages, lands, tenements, and all and singular other the premisses in the said ffyne or ffynes to bee comprised, against the said George Nash and Edmond Rawlins, to which writt or writts of entry sur disseisin the said George Nash and Edmond Rawlins shall appeare and vouch to warrantie the said Susan Hall, Thomas Nash, and Elizabeth his wife, who shall enter into the said warrantie, and shall vouch over the common vouchee, to the end and intent that one or more perfect recovery or recoveries may bee had and executed of the said messuages, lands, tenements, and all and singular other the premisses in the said ffyne or ffynes to bee comprised, according to the usuall manner and forme of common recoveries in such cases used and accustomed. And it is further covenaunted, graunted, concluded, and agreed, by and betweene the said parties to theis presents, that the said recoverie or recoveries so to be had, suffered, and executed, of the said messuages, and of all and singular other the said premisses in the said recoverie or recoveries to bee comprised, and the full force and execucion of the same, shalbee and enure, and shalbe adjudged, accepted, reputed and taken to bee and enure ; and the said recoverer or recoverors, and his and their heires, immediatelie from and after the said recovery or recoveryes so had, suffered and executed, shall stand and bee seised of and in all and singular other the said messuages, lands and premisses, in the said recovery or recoveries to bee comprised, and of everie part and parcell of them and every of them, to the severall uses, intents, and purposes hereafter mencioned, That is to say, of for and concernyng the said messuage or tenement with thappurtenaunces in Acton aforesaid, to the onely / p.312 / use and behoofe of the said Thomas Nash and Elizabeth his wife, for and during the terme of their naturall lives and the life of the longest liver of them, and after their deceases to the use and behoofe of the heires of the bodies of the said Thomas Nash and Elizabeth his wife betweene them lawfullie to bee begotten, and for want of such issue, to the use and behoofe of the heires of the bodie of the said Elizabeth lawfullie to bee begotten, and for want of such issue, to the use and behoofe of the said Thomas Nash, his heires and assignes for ever ; and of for and concerning all and singular other the messuages, lands, tenements, and hereditaments whatsoever, whereof no use is herein before lymitted and declared, to the onelie use and behoofe of the said Susan Hall for and during the terme of her naturall life, and after her decease, to the use and behoofe of the said Thomas Nash and Elizabeth his wife for and during the terme of their naturall lives, and the life of the longest liver of them, and after their deceases, to the use and behoofe of the heires of the bodies of the said Thomas Nash and Elizabeth his wife betweene them lawfullie begotten or to bee begotten, and for default of such issue, to the use and behoofe of the heires of the bodie of the said Elizabeth lawfullie begotten or to bee begotten, and for default of such issue, to the use and behoofe of the said Thomas Nash and of his heires and assignes for ever, and to none other use or uses, intent or purpose whatsoever. In witnes whereof to one part of theis indentures remaynyng with the said Susan Hall, Thomas Nash, and Elizabeth his wife, they the said George Nash, Edmond Rawlins, George Townesend, and John Stephens, have sett their hands and seales ; and to another part thereof remaynyng with the said George Nash and Edmond Rawlins, they the said Susan Hall, Thomas Nash, and Elizabeth his wife, George Townesend, and John Stephens, have sett their hands and seales ; and to the other part thereof remaynyng with the said George Townesend and John Stephens, they the said Susan Hall, Thomas Nash, and Elizabeth his wife, George Nash, and Edmond Rawlins, have sett their hands and seales the day and yeare first above written.
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