This Indenture, made the eighteenth day of May, Anno Dni. one thowsand, six hundred, seaventy five, and in the seaven and twentyeth yeare of the raigne of our Soveraigne Lord, Charles the Second, by the Grace of God, of England, Scotland, ffrance, and Ireland, King, Defendor of the Faith, &c.; betweene Henry Smith, of Old Stratford, in the county of Warr. gent. and Edward Bagley, citizen and pewterer, of London, of the one part, and Sir Edward Walker, of Whitehall, in the county of Middlesex, knt. Garter Principall King at Armes, of the other part. Whereas John Barnard, of Stratford-upon-Avon, in the county of Warr. esqr., and Elizabeth his wife, grandchilde and heire of William Shakespeare, gent., by their indenture, duely executed, bearinge date the twentyeth day of October, in the yeare of our Lord God one thowsand, six hundred, fifty two, and made betweene them, the said John Barnard and Elizabeth, on the one part, and Henry Smith, party to theis presents, and William ffetherston, of Stratford-upon-Avon aforesaid, yeoman, on the other part, and fine therupon levyed, did setle and assure all that capitall messuage or tenement with appurtenances, scituate in Stratford-upon-Avon aforesaid, comonly called the New Place, and all that four yard land and a halfe of arrable, meadow, and pasture, with appurtenances, lying and being in the townes, hamlets, and feilds of Stratford-upon-Avon, Old Stratford, Bishopton, and Welcombe, in the said county of Warr. formerly the inheritance of the said William Shakespeare, to the use of the said John Barnard, and the said Elizabeth his wife, for and duringe their naturall lives, and the life of the longer liver of them, and to the heires of the body of the said Elizabeth, lawfully begotten or to bee begotten, and for default of such issue, to the use of such person or persons, and for such estate and estates, as the said Elizabeth by any writeing, purporting her last will, or otherwise, sealed and subscribed in the presence of two or more credible witnesses, should limit and appoynt. And wheras afterwards, shee the said Elizabeth Barnard, by her writeing under her hand and seale, bearinge date the eighteenth day of Aprill, in the yeare of our Lord God one thowsand, six hundred, fifty three, and duely executed in the presence of Richard Lane, Mary Lane, Phillip Scarlet, and Elizabeth Writon, credible witnesses, in pursuance of the said power to her reserved, did therby give and dispose the said messuage, foure yard land and a halfe, after the decease of the said John Barnard, and her, the said Elizabeth, without heires of her body, unto Henry Smith, party to theis presents, and Job Dighton, of the Midle Temple, London, esqr., and their heires, to hold to them, their heires and assignes for ever, upon trust that they, and the survivor of them, should bargaine and sell the said messuage, foure yard land and a halfe, to any person or persons, for the best value they could get ; and the moneys therby to bee raysed should imploy, dispose, and distribute to such person or persons, and in such maner, and by such sume or sumes, as the said Elizabeth should, by any writinge or note under her hand truely testifyed, de-
/ p.322 / clare and nominate. And whereas shee, the said Elizabeth Barnard, afterwards made her last will in writeing, bearinge date the nine and twentyeth day of January, in the yeare of our Lord God, one thowsand, six hundred, sixty nine, and therby, (among other things therin conteyned,) accordinge to her power formerly reserved to her, did will, signify, and declare her mind and meaninge to bee that the said Henry Smith, party to theis presents, or his heires, shuld, with all convenient speed, after the decease of the said John Barnard, then Sir John Barnard, her husband, make sale of the inheritance of all that the aforesaid messuage, called the New Place, and of all that the aforesaid foure yard land and a halfe, in Stratford, Welcombe, and Bishopton, in the county of Warr. with appurtenances; and soone after, shee, the said Elizabeth Barnard, departed this life. And wheras the said Sir John Barnard, knt. is also since dead, and the said Job Dighton severall yeares since departed this life, and hee, the said Henry Smith, party to theis presents, him hath survived: Now this indenture witnesseth that the said Henry Smith, in pursuance of the said power to him given, and by and with the consent and good likeing of the said Edward Bagley, signifyed by his being made party to theis presents, and sealinge and executinge therof, and for and in consideracion of the sume of one thowsand and sixty pounds of lawfull money of England, to him, the said Henry Smith, by the said Sir Edward Walker, knt. Garter Principall King at Armes, truely in hand paid, the receipt hereof they, the said Henry Smith and Edward Bagley, do hereby acknowledge, and thereof, and of evry parte therof, acquit and dischardge the said Sir Edward Walker, Garter Principall King at Armes, his heires, exrs, admrs. and assignes, and evry of them, by theis presents, and for divers other good causes and valuable consideracions him, the said Henry Smith, hereunto espeacially moveinge, hath graunted, bargained, sold, enfeoffed and confirmed, and, by theis presents, doth graunt, bargaine, sell, enfeoffe, and confirme unto the said Sir Edward Walker, knt. Garter Principall King at Armes, his heires and assignes, all that the aforesaid capitall messuage or tenement, with appurtenances, scituate and being in Stratford-upon-Avon aforesaid, comonly called or knowne by the name of the New Place, scituate in part in a street there called Chappell-street, and in part in a lane there called Chappell-lane, and all gardens, orchards, backsides, courts, yards, outlets, backsides, barnes, stables, outhowses, buildings, walls, mounds, and fences to the same belonging, or in any wise of right apperteyning or therwithall formerly comonly used or enjoyed, or reputed as parcell or member therof, or belonging therunto : and all that foure yard land and a halfe of arrable, meadow, and pasture, with appurtenances, scituate, lyinge, and beinge in the townes, hamlets, villages, feilds, and precincts of Stratford-upon-Avon aforesaid, Old Stratford, Bishopton, and Welcombe, in the said county of Warr. or in some or one of them, and all lands, tenements, meadowes, feedings, pastures, commons, common of pasture, wayes, passages, wast grounds, hades, meeres, furrowes, woods, underwoods, trees, profits, comodityes, emoluments, and hereditaments whatsoever, with their and evry of their appurtenances to the said premisses or any part of them belonging, or in anywise of right apperteyning, and the revercion and revercions, remaynder and remaynders, rents, and services of the
/ p.323 / said premisses, and all thestate, right, title, interest, use, trust, clayme, and demaund whatsoever, of him, the said Henry Smith, of, in, to, or out of the same, and all deeds, charters, evidences, writings, records, escripts, and minuments, only touchinge the premisses, togeather with true coppyes of all other writeings and evidences, that with the said premisses concerne other lands and tenements, To have and to hould the said capitall messuage, barnes, stables, outhowses, foure yard land and a halfe, and all other the above graunted or mencioned, or intended to bee graunted premisses, with their and every of their appurtenances, unto the said Sir Edward Walker, knt. Garter Principall King at Armes, his heires and assignes, for ever, to the only use and behoofe of him, the said Sir Edward Walker, knt. Garter Principall King at Armes, his heires and assignes, for ever. And the said Henry Smith, for him and his heires, the said capitall messuage, foure yard land and a halfe, and other the above graunted or mencioned, or intended to bee graunted premisses, with appurtenances, unto the said Sir Edward Walker, knt. Garter Principall King at Armes, his heires and assignes, to the uses aforesaid, against him, the said Henry Smith, his heires and assignes, shall and will warrant, and for ever defend, by theis presents. And the said Henry Smith, for himselfe, his heires, exrs. and admrs. and for every of them, doth covenant and graunt to and with the said Sir Edward Walker, knt. Garter Principall King at Armes, his heires and assignes, and to and with every of them, by theis presents, in manner followinge, that is to say, that hee, the said Henry Smith, his heires or assignes, hath not made, donne, or suffered, nor shall nor will hereafter make, doe, or suffer any act, matter, or thinge, whereby the said messuage, lands, and premisses, or any part thereof, or thestate hereby graunted, are, may, or shall bee any wise incumbred, chardged, impeached, or avoyded, in any sort whatsoever, either in law or equity : and that the said premisses shall and may peaceably and quietly bee held and enjoyed, accordinge to thestate thereof hereby graunted, without the lawfull let, trouble, disturbance, or eviccion of him, the said Henry Smith, his heires or assignes, or any other person or persons lawfully clayming any thing in the premisses, by, from, or under him, or them, or any of them ; and further, that hee, the said Henry Smith, his heires and assignes, shall and will, at all times hereafter, within the space of seaven yeares, at the costs and chardges in the law of the said Sir Edward Walker, Garter Principall King at Armes, his heires or assignes, make, doe, and execute, or cause to be made, donne, and executed all and every further and other lawfull and reasonable act, thinge, devise, and assurance in the law, of the premisses, unto the said Sir Edward Walker, knt. Garter Principall King at Armes, his heires or assignes, so as such further assurance conteyne no further or other warranty then as aforesaid, and so as hee or they bee not hereby compelled to travayle from his or their then dwellinge, for the doeing or executinge thereof : all which said assurance or assurances, and more espeacially one fine
sur conusans de droit come ceo, &c. q'il ad de lour done, to bee levyed of the premisses by the said Henry Smith, and Edward Bagley, before the end of Michaelmas terme next, unto the said Sir Edward Walker, his heires or assignes, shall, and is hereby declared to bee and enure to the only use of the said Sir
/ p.324 / Edward Walker, Garter Principall King at Armes, his heires and assignes, for ever, and to or for none other use, intent, or purpose whatsoever. And the said Edward Bagley, for himselfe, his heires, exers. admrs. and assignes, and for every of them, doth, by these presents, covenant and graunt to and with the said Sir Edward Walker, Garter Principall King at Armes, his heires and assignes, in manner followinge ; that is to say, that hee, the said Henry Smith, now hath, and at the execucion of theis presents, shall have full power, good right, and lawfull authority to graunt and assure the said messuage, lands and premisses in manner and forme as aforesaid ; and that the said messuage, lands, and premisses now are, and soe shall for ever hereafter continue, and be free and cleere, and freely and cleerly acquitted, exonerated, and dischardged, or otherwise well and sufficiently saved harmlesse, and kept indempnified unto the said Sir Edward Walker, his heires and assignes, of and from all and all manner of former and other guifts, graunts, bargaines, sales, leases, estates, rents, arrerages of all manner of rents, statutes, recognizances, judgements, execucions, willes, entayles, legacyes, limitacion of use or uses, and of and from all other titles, troubles, chardges, demaunds, and incumbrances whatsoever, had, made, committed, donne, or suffred by the said Henry Smith, Edward Bagley, the said Sir John Barnard, and Dame Elizabeth Barnard, Thomas Nash her former husband, Susan Hall her mother, or any or either of them, their or either of their heires, exers. admrs. or assignes, or any other person or persons whatsoever, any thing in the premisses lawfully havinge or clayminge, or which shall or may hereafter lawfully clayme or have, by, from, or under them, or any or either of them. And that hee, the said Edward Bagley, Margaret his wife, Henry Smith, and their heires, and the heires or assignes of the said Sir John Barnard, dame Elizabeth his wife, Thomas Nash, and Susan Hall, shall and will, at all times hereafter, within the space of seaven yeares next, at and upon the resonable request, and at the costs and chardges in the law of the said Sir Edward Walker, Garter Principall King at Armes, his heires or assignes, make, doe, acknowledge, execute, and suffer, or cause to bee made, donne, acknowledged, executed, and suffred, all and every such further and reasonable act and acts, thinge, device, and devises, assurance and assurances in the law whatsoever, for the further, better, and more perfect assuringe, and sure makeinge, setling, and conveyinge of the said messuage, foure yard land and a halfe, and all other the above graunted, or intended to bee graunted premisses, and of every part thereof, with the appurtenaunces, unto the said Sir Edward Walker, Garter Principall King at Armes, his heires and assignes, for ever, bee it or they, by ffine or ffines, recovery or recoveryes, with single or more voucher or vouchers over, feoffment, deed, or deeds, enrolled or not enrolled, the enrolement of theis presents, or by any other wayes or meanes whatsoever, as by the said Sir Edward Walker, Garter Principall King at Armes, his heires and assignes, or by any of them, shall bee reasonably devised, or advised, and required, soe as such party or partyes to make such further assurance, bee not hereby compelled or compellable to travyale above the space of tenne miles from his or their then abode, for the doeinge, or executeinge thereof, and soe as the same conteyne
/ p.325 / noe further or other covenant, or warranty of the premisses, then only against him or them, and their heires : all which said assurance, or assurances of the premisses, is and shall bee, and are by theis presents declared and agreed, by all the partyes hereunto, to bee and enure to the only use and behoofe of the said Sir Edward Walker, knt. Garter Principall King at Armes, and of his heires and assignes, for ever, and to or for none other use, intent, or purpose whatsoever. In wittnes whereof the said partyes first above named to theis present indentures interchangeably have put to their hands and seales, the day and yeare first above written.
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Henry Smith. |
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Edward Bagley. |
Sealed and delivered by the within named Henry Smith, in the presence of |
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John Clopton.
Tho. Rawlins.
Wm. Gibson. |
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Richard Smithe.
James Badger. |
Sealed and delivered by the within named Edward Bagley, in the presence of |
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Charles Lee.
Tho. Rawlins. |
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Wm. Gibson.
James Badger. |