James Halliwell: A Life of William Shakespeare (1848), Appendix, pages 318-320.




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, p.319 / in the county of Warwick, called the New-place, and all that four-yard land and an half in Stratford, Welcombe, and Bishopton in the county of Warwick, (after the decease of the said Sir John Barnard, and me the said Elizabeth) unto Henry Smith of Stratford aforesaid, gent. and Job Dighton, of the Middle Temple, London, esq. since deceased, and their heirs, upon trust that they, and the survivor, and the heirs of such survivor, should bargain and sell the same for the best value they can get, and the money thereby to be raised to be employed and disposed of to such person and persons, and in such manner as I the said Elizabeth should by any writing or note under my hand, truly testified, declare and nominate, as thereby may more fully appear. Now my will is, and I do hereby signify and declare my mind and meaning to be, that the said Henry Smith, my surviving trustee, or his heirs, shall with all convenient speed after the decease of the said Sir John Barnard my husband, make sale of the inheritance of all and singular the premises, and that my loving cousin Edward Nash, esq. shall have the first offer or refusal thereof, according to my promise formerly made to him : and the monies to be raised by such sale I do give, dispose of, and appoint the same to be paid and distributed, as is herein after expressed, that is to say, to my cousin Thomas Welles of Carleton in the county of Bedford, gent. the sum of fifty pounds, to be paid him within one year next after such sale : and if the said Thomas Wells shall happen to die before such time as his said legacy shall become due to him, then my desire is, that my kinsman Edward Bagley, citizen of London, shall have the sole benefit thereof. Item, I do give and appoint unto Judith Hathaway, one of the daughters of my kinsman Thomas Hathaway, late of Stratford aforesaid, the annual sum of five pounds of lawful money of England, to be paid unto her yearly and every year, from and after the decease of the said survivor of the said Sir John Barnard and me the said Elizabeth, for and during the natural life of her the said Judith, at the two most usual feasts or days of payment in the year, videlicet, the feast of the Annunciation of the Blessed Virgin Mary, and St. Michael the Archangel, by equal portions, the first payment thereof to begin at such of the said feasts as shall next happen after the decease of the survivor of the said Sir John Barnard and me the said Elizabeth, if the said premises can be so soon sold ; or otherwise so soon as the same can be sold : and if the said Judith shall happen to marry, and shall be minded to release the said annual sum of five pounds, and shall accordingly release and quit all her interest and right in and to the same after it shall become due to her, then and in such case, I do give and appoint to her the sum of forty pounds in lieu thereof, to be paid unto her at the time of the executing of such release as aforesaid. Item, I give and appoint unto Joan the wife of Edward Kent, and one other of the daughters of the said Thomas Hathaway, the sum of fifty pounds, to be likewise paid unto her within one year next after the decease of the survivor of the said Sir John Barnard and me the said Elizabeth, if the said premises can be so soon sold, or otherwise so soon as the same can be sold ; and if the said Joan shall happen to die before the said fifty pounds shall be paid to her, then I do give and appoint the same unto Edward Kent the younger, her son, to be paid unto him when he p.320 / shall attain the age of one-and-twenty years. Item, I do also give and appoint unto him the said Edward Kent, son of the said John, the sum of thirty pounds, towards putting him out as an apprentice, and to be paid and disposed of to that use when he shall be fit for it. Item, I do give or appoint and dispose of unto Rose, Elizabeth, and Susanna, three other of the daughters of my said kinsman Thomas Hathaway, the sum of forty pounds a-piece, to be paid unto every of them at such time and in such manner as the said fifty pounds before appointed to the said Joan Kent, their sister, shall become payable. Item, all the rest of the monies that shall be raised by such sale as aforesaid, I give and dispose of unto my said kinsman Edward Bagley, except five pounds only, which I give and appoint to my said trustee Henry Smith for his pains ; and if the said Edward Nash shall refuse the purchase of the said messuage and four-yard land and a half with the appurtenances, then my will and desire is, that the said Henry Smith or his heirs shall sell the inheritance of the said premises and every part thereof unto the said Edward Bagley, and that he shall purchase the same ; upon this condition, nevertheless, that he the said Edward Bagley, his heirs, executors, or administrators, shall justly and faithfully perform my will and true meaning, in making due payment of all the several sums of money or legacies before mentioned, in such manner as aforesaid. And I do hereby declare my will and meaning to be that the executors or administrators of my said husband Sir John Barnard shall have and enjoy the use and benefit of my said house in Stratford, called the New-Place, with the orchards, gardens, and all other the appurtenances thereto belonging, for and during the space of six months next after the decease of him the said Sir John Barnard. Item, I give and devise unto my kinsman, Thomas Hart, the son of Thomas Hart, late of Stratford-upon-Avon aforesaid, all that my other messuage or inn situate in Stratford-upon-Avon aforesaid, commonly called the Maidenhead, with the appurtenances, and the next house thereunto adjoining, with the barn belonging to the same, now or late in the occupation of Michael Johnson or his assigns, with all and singular the appurtenances, to hold to him the said Thomas Hart the son, and the heirs of his body ; and for default of such issue, I give and devise the same to George Hart, brother of the said Thomas Hart, and to the heirs of his body ; and for default of such issue, to the right heirs of me the said Elizabeth Barnard for ever. Item, I do make, ordain, and appoint my said loving kinsman Edward Bagley sole executor of this my last will and testament, hereby revoking all former wills ; desiring him to see a just performance hereof, according to my true intent and meaning. In witness whereof I the said Elizabeth Barnard have hereunto set my hand and seal, the nine-and-twentieth day of January, Anno Domini one thousand six hundred and sixty-nine.
Elizabeth Barnard.
    Signed, sealed, published, and declared to be the last will and testament of the said Elizabeth Barnard, in the presence of
John Howes, Rector de Abington.
Francis Wickes.



Link to 'Life of Shakespeare', contents.
Link to 'Life of Shakespeare', Appendix 1-6      Link to 'Life of Shakespeare', Appendix 1-8.