Part 3
There had been certain exchanges of the common lands between the farmers and the manor, but they were unsure in law. By this indenture it is covenanted that Bartholomew Hales and Mary his wife and their heirs shall grant to the freeholders and their heirs, by way of exchange, all the lands, meadows, commons, pastures, and feeding commodities now in the tenure of Edward Grant in Rowley Field; and the “four yarde land,” late in the occupation of Bartholomew Hales, lying in Gallow Hill Field, Rowley Field, and Brookfield (except as reserved for certain tenants in beast pasture and three-horse pasture during their several terms); and all the lands in the common called Griswold or Bushe Field, and all the meadow ground with the “hades” in Aston Meadow and Errymarsh Meadow. And the Lord agreed that after the hay is mown and carried away from the common meadow called Broad Meadow, the customary tenants, without let, shall enjoy the aftermath of the said parcel of meadows for ever: And as there are so many conies in Rowley Field, to the annoyance of the tenants, they shall be allowed to kill and destroy or take the said conies wherever their corn shall grow. He further grants that one “hade land” (10 ridges) being in Coplowes next Parsons, otherwise called Burges Hedge there, and shooting down into the way after Luscombe Hedge, shall be for ever a common way to bring, lead, or carry hay out of Aston Meadow with horse, cart, or “wayne.” The freeholders grant in exchange certain ground called Common Fields or Wallfields, one close called the Parkepitt, one field called the New Lessowe or Brunthill, a pasture called Coplow and a meadow, a parcel of ground called Hollowe Meadowe, and one Lammas Close near the house of Margery Lynsycombe; also the Common Leys lying between Hollow Meadow and Ingon Gate, shooting up by Stratford Way Pit to the ground of William Cookes, containing by estimation 200 acres; and certain ground lying in the Hillfield where the windmill standeth, and the parish meadow, and all other commons, woods, furzes, etc., of the said freeholders. If either party break the agreement, the other may enter into the possession of the old lands so exchanged.
A long series of deeds follow this, most of which were known to Halliwell-Phillipps. On 12th October 18 Eliz. (1576), Edward Cornwell of Snitterfield, husbandman, and Margaret his wife, assigned to Robert Webbe, husbandman, their interest in two messuages with a cottage, and the lease granted by Agnes Arden to his father (see Birthplace Deeds, 429). The witnesses were Gualterus Roche, Nicholas Knolles, clerk, and Thomas Nycolls (Birthplace Deeds, 430).
On 16th October 18 Eliz. (1576), Thomas Stringer of Stockton, co. Salop, and his sons John and Arden Stringer, bargained and sold to Edward Cornwell and Margaret his wife all the reversion which was the inheritance of Agnes, late wife of Thomas Stringer, and daughter of Robert Arden, deceased. A curious complexity comes in here, for they also sell, as if they had bought it, “the residue of the said tenements which late were the inheritance of Thomas Edkyne and Katharine his wife, in the right of the said Katharine.” The Stringers sell this double share for £68, to be paid beforehand, and they agree that at Christmas term next they shall sue out a fine of the parcel of the premises of the said Thomas Edkins and his wife Katharine, “if the said Katherine do so long live.” They have full power to sell all, except the life interest of Agnes Arden. They set their hands and seals to this, in the presence of the same witnesses as last deed (Misc. Doc., ii, 10).
Another important step was taken on 20th November 21 Eliz. (1578), when Edward Cornwell of Snitterfield, yeoman, and Margaret his wife, sold to Robert Webbe their moiety of three messuages in Snitterfield for £100. This seems to refer back to the last two agreements. Witnesses, John Dafferne, Nicholas Knolles, Thomas Chamberlayne, Hastings Aston, Will Cookes, Henry Talbot, and Thomas Nicholson (Birthplace Deeds, 431). The bond from Edward Cornwell to ensure the performance of the covenant was signed the same day, before the same witnesses (Wheler Papers, i, 34).
Another deed was drawn up on 23rd December 21 Eliz. (1578), in which Thomas, John, and Arden Stringer, and Thomas Edkins, gave up in perpetuity all their rights in the third part of these messuages and lands to Robert Webbe, the son of Margaret Cornwell. The signs of Thomas and Arden Stringer with seals, and the _signature_ of John Stringer, follow this, but no allusion to Edkins (Misc. Doc., ii, 20).
There was a fine made between Robert Webbe and Thomas Stringer the following Easter (Public Record Office, Feet of Fines, Warr. Pasche, 15th June 21 Eliz., 1579). The Stringers received £40 thereby; perhaps this was only for their own share. There was no allusion to the Edkins, so perhaps Katharine “did not so long live.” An abstract of this fine is preserved in Misc. Doc., i, 92.
On the same day as the Stringers’ covenant, 23rd December 21 Eliz. (1578), there was a sale by Edward Cornwell to Robert Webbe of all his goods and chattels in Snitterfield or elsewhere, except “one young mare of color baye, and one coaffer, parcel of the premises”--two pieces of pewter being delivered in sign of possession. It was signed by the mark and seal of witnesses, Anthony Osbaston, William Round, Ardenne Stringer, and John Bronde (Birthplace Deed, 432).[4]
The next deeds concern the Shakespeare transfer, about which there is much contentious matter. Halliwell-Phillipps says, “Outlines,” i, 29, “Arden had reserved to his daughter Mary a portion of a large estate at Snitterfield.” Now this is a pure supposition, unsupported by any deed or transfer, and besides, it is an unnecessary supposition. It may be noted that there is no allusion to Joyce and Alice, or their shares, among the transfers. It is _probable_ that they died without heirs of their body, and that their shares were divided among their sisters. It is _possible_ that Alice, with whom she had been most associated, might have _left_ her share to her sister Mary. However it happened, Mary was empowered to sell. In “Outlines,” ii, 179, the indenture is given _in extenso_, as drawn up on the 15th day of October 21 Eliz. (_i.e._, 1579), between John Shackspere of Stratford-on-Avon, yeoman, and Mary his wife, and Robert Webbe of Snitterfield, witnessing that for the sum of “_foure pounds_” paid by Robert Webbe to John and Mary Shakespeare they should sell him “all that their moiety, part or partes, be it more or lesse, of and in two tenements” with the appurtenances in Snitterfield, all reversions, remainders, grants (the rents to the chief lord alone excepted), and all charters and evidences concerning them; and that John and Mary should cause and suffer to be done every device for the more perfect assurance of the aforesaid moiety to Robert Webbe, “by his or their counsell learned in the law.” They also agreed to deliver to Robert Webbe by the following Easter all their “evidences.” In witness whereof the parties put their hands and seals, John Shackspere, Mary Shackspere, in presence of Nicholas Knooles, Vicar of Auston, William Maydes, Anthony Osbaston, and others. This long paper, written in English, has no reference, but hangs framed on the west wall in the Birthplace Museum. A bond was also signed concerning this on 25th October in the same year, by the same parties, and witnesses, that if John and Mary Shackspere fail in the performance of their agreement, they will pay 20 marks to Robert Webbe; but if they perform the conditions, the bond will be held void. This bond also hangs framed on the west wall among the Birthplace Deeds in the Museum. The final concord is found among the Feet of Fines in the Record Office, “Warr. Pasche in quindecim dies 22 Eliz.” (_i.e._ 1580), six months after the agreement. “Robert Webbe qu., John Shackespere and Mary his wife def., ... of the sixth part of two parts of two messuages,” etc., in Snitterfield; they yielding up their share entirely to Robert Webbe, on the death of Agnes Arden, for _forty pounds_.
This is transcribed in full by Halliwell-Phillipps, “Outlines,” ii, 176; but he says, “The indenture leading the uses of this fine has not been discovered,” assuming that there is no connection between this fine and the agreement of 15th October, which he takes to be a sale by John Shakespeare alone of some property of his own, in which he only uses his wife’s name to bar dower. Careful study will show that these three documents all concern the same sale. The puzzle is, Why did the English scribe write “foure” pounds, while the Latin _foot_ gives “forty.” It may in one case have been merely a scribe’s error of “foure” for “fouretie”; it may, in another case, point to the result of some increase of the part to be sold, possibly by the death of another sister within the six months; it may be that Robert Webbe wished to let John Shakespeare have enough to pay the mortgage on Asbies, trusting to future good offices; it may be that the “learned counsel” employed put up the price for his clients before the final concord. Or it may be that the “foure pounds” referred to the share by division of one sister’s property; and the other to the whole share by will. An abstract of the fine remains, incorrectly dated, in Misc. Doc., i, 90.
Among the Fines de Banco, “Warr. 22 Eliz., pro termino Pasche,” is the note of one due to George Digby, arm., for a licence to Robert Webbe to agree with John Shakespeare and others for his share of the property in Snitterfield, 6_s._ 8_d._ “Recepta per me, Johannem Cowper Sub-Vice-comitum.”
Mrs. Arden renewed the lease she had made to her brother Alexander to his son Robert Webbe, 5th July 1580 (Misc. Doc., i, 88). Witnesses John Somerville, Thomas Osbardistone.
It would seem that the question of the ownership of the Snitterfield property was perplexing enough to Robert Webbe, when a new claimant appeared. Thomas Mayowe of Shireburne, grandson of the William Mayowe who had granted it to John at the beginning of the century, laid claim to it now, and having no title deeds, appealed to Sir Thomas Bromley, Lord Chancellor. He stated that his grandfather William was lawfully seised in one messuage with about 80 acres in Snitterfield by ancient gift in tail made to him by Richard Mayowe his father; and that this descended to Roger Mayowe, son and heir of William, and should have descended to the suppliant Thomas, son and heir of Roger. But
the deeds and charters concerning the premises of right belonging to your suppliant have casually come into the hands of Edward Cornewell, Agnes Arden, and Robert Webbe, who, by colour thereof, daily devise and practise to convey to themselves sundry estates in those by inheritance to persons unknown to your suppliant, minding, through delays, wrongfully to disinherit him.
He did not know the dates of the old deeds, nor the certain number of them, “whether in chiste locked, or boxe sealed”; and therefore he is without all remedies by the ordinary course of the common law. He knows not with certainty against whom to bring the action, for “they so covertly and secretly do use the matter that he cannot certeynely know who is the tenant of the premises or receiver of the rents.” So he appeals to the Chancellor to issue a writ of subpœna, that Edward Cornewell, Agnes Arden, and Robert Webbe should appear personally before his Honour, to give an account of their claims. This is not dated (Misc. Doc., vii, 154). It must have fallen like a bomb into the camp in 1580. Agnes Arden was still alive, but she was ill. A commission was granted to Bartholomew Hales, gent., Lord of the Manor of Snitterfield, and Nicholas Knolles, clerk, to take the deposition of Agnes Arden, now impotent, for the use of Chancery, in answer to a bill by Thomas Mayowe, 25th November 23 Eliz., 1580 (Misc. Doc., ii, 13).
As they lived so near, this was probably seen to at once. Agnes Arden died shortly afterwards, and was buried at Aston Cantlow, 29th December 1580, Her death caused a re-arrangement of claims. From tenants, the Ardens had become owners in each part. Robert Webbe, already owner of the bulk of the estate, proceeded to purchase more. Edmund Lambert, who had not been pressed by poverty to realize his reversion, agreed to sell his share. On 1st May 23 Eliz. (1581), there was granted to Robert Webbe, by Edmund Lambert of Barton in Henmarche, and his wife Joan, one of the daughters of Robert Arden, all their moiety, part, pourpart, or share of the property for £40 (Misc. Doc., ii, 80).
On the 2nd of May a subordinate deed was drawn up, signed by the _marks_ and seals of Edmund and Joan Lambert, appointing their well-beloved William Cookes and William Meades their true and legitimate attorneys to hand over their third part to Robert Webbe, or any attorney he may choose. This was signed in the presence of William Cookes, Thomas Nicholson, William Maydes, John Perkes, and Edward Cornewell (Misc. Doc., ii, 12).
On the same date, with the same witnesses, Edmund Lambert executed a bond of £80 in favour of Robert Webbe if he should not fulfil the conditions agreed upon (Misc. Doc., vii, 153).
A general release by Edmund Lambert to Robert Webbe of the interest of him and his wife in the Snitterfield property was handed over on 1st June 23 Eliz. (1581), before the witnesses John Dafferne, John Scarlett, Edward Cornewell, Henry Talbot, and John Butler. The seal has H. T. on it, probably being that of Henry Talbot (Misc. Doc., ii, 84). See also Birthplace Deeds, Appendix 276.
The final concord appears in the Feet of Fines, P.R.O., “Warr. Pasche, 24 Eliz.,” between “Robert Webbe, qu., et Edmund Lambert et aliis deforc., de terre,” etc. Robert Webbe had by this time become apparent owner of the whole of the old Mayowe property, and empowered to face the lagging Chancery suit alone.
But another complexity had arisen, and a new set of deeds, which have not yet been fully worked out. Robert Webbe was about to marry Mary, the daughter of John Perkes of Snitterfield, evidently a prosperous farmer and an affectionate father. The arrangements were extraordinary. There is an undated deed (with pieces cut out) providing that William Perkes should enjoy one tenement, one orchard, and all appurtenances, etc., now in the possession of Edward Cornewell, with no claims from the Ardens, for the sum of £20; that if William Perkes _or his assigns_ do not enjoy the same and pay for it at the rate of £3 6_s._ 8_d._ a year, and do depart, then the said Edward Cornwell to have the same again (Misc. Doc., ii, 7). This seems to have been some first draft.[5] The “settlement” _in extenso_ is preserved between Robert Webbe and Mary Perkes, 1st September 23 Eliz. (1581). In consideration of a marriage hereafter to be held between them, and also in consideration of £35 of lawful English money to be paid him by John Perkes, Robert Webbe devised and let to farm two messuages with the appurtenances, and one yard land and a half, to John Perkes from the feast of St. Michael for six years, to have and to hold, paying to Robert Webbe or his executors the sum of fourpence at each term. John Perkes was to repair the premises at his own cost, and at the end of the term to yield them to Robert Webbe. During that term Robert Webbe should have twenty sheep kept for him during the winter months by John Perkes;
and the said John Perkes shall find and allow for the said Robert Webbe; Mary the daughter of John Perkes, his wife; Margaret, mother to the said Robert; and Edward Cornell, father-in-law to the said Robert, during the term, within the dwellinghouse of the said John Perkes, necessary, convenient, and holesome meate, drinke, chamber lodging, and fier, at the proper cost and charge of the said John Perkes, the said Edward Cornell paying for his bording as aforesaid, yearelie to John Perkes, the some of three pounds of English money. And if it haps that the said Robert Webbe and Mary his wife have any child or children during the said term, John Perkes shall find and allow for the same, meat, drink, chamber lodging, and fier, with free entry in and out of the said chamber, to and for the said Robert, Mary, Margaret, Edward, and the said children.
At the end of the term John Perkes was to yield up the land sown with all manner of corn and grain at his own charge, so that the said Robert and Mary should have it for their own use after the six years. In witness whereof both parties set their hands and seals in the presence of Thomas Nicholson, Edward Cornewell, and Thomas Pittes (Misc. Doc., ii, 14). On the same day, and before the same witnesses, Robert Webbe signed a covenant, on his marriage with Mary, daughter of John Perkes, to hold a messuage in Snitterfield to the use of himself for life, with remainder to Mary for life, with remainder to the right heirs.
It is evident that grim economy was necessary to Robert Webbe, after his efforts to buy up the other shares, and sit free on his grandfathers property. This was intensified by the unknown dangers and expenses of the Chancery suit hanging over him. John Perkes had done what he could to help him.
Still one other purchase, at least, had Robert Webbe to make. Halliwell-Phillipps, “Outlines,” ii, 173, says: “How Robert Arden’s other two daughters, Elizabeth Scarlett and Mary Shakespeare, became entitled to portions, is not known; but that this was the case can be shown by the conveyances to Robert Webbe.” Elizabeth Scarlett is referred to neither in Robert Arden’s will nor in the settlement of 1550. It may be she was an elder daughter who had received her portion at her marriage. She might still share by common law in the inheritance of sisters who died. Halliwell-Phillipps suggests that she had married John Scarlett; but both the John Scarlett of Henry VIII and the John of Elizabeth had wives named Joan. Halliwell-Phillipps enters Elizabeth’s death in the Ardens’ pedigree table as in 1588, giving no authority. But John would not have been heir to his mother in 1582 if she had been alive. The Birthplace Deed 433 shows that
John Skarlett of Newnham in the Parish of Aston Cantlow, husbandman, son and heir of Elizabeth Skarlett, one of the daughters and coheirs of Robert Arden of Wilmecote, in consideration of 20 marks paid him by Robert Webbe of Snitterfield, agreed that all his part and interest in two messuages and their appurtenances
in Snitterfield should be delivered for ever to Robert Webbe, 18th March 24 Eliz. (1581-2); witnesses John Dafferne, John Butler, Edward Cornwell, and Edmund Lamberde.
On the same day was sealed a bond for 40 marks, for the completion of the sale between Robert Webbe and John Scarlett of “all the part, purparte, title, and interest, in two messuages in Snitterfield in the tenure of Robert Webbe, of which John Skarlett and Joane his now wiefe, or one of them, be lawful owners in fee simple”; the deed of release to cover all rents due, that of the chief lord excepted. The above-named John Scarlett and the said Joane his wife to hand over all deeds and evidences (Misc. Doc., ii, 74).
I came on this deed first (evidently unknown to Halliwell-Phillipps), and naturally thought the inheritance lay in Joane the wife; but in the light of the previous deed it is clear that it came through his mother to John, and Joane’s name was used only to bar dower. John Scarlett received very much less than the Shakespeares did, which strengthens my belief that Mary inherited a share of one dead sister’s portion, but was left the whole portion of another sister by some form of will. I find no mention of the Scarletts’ sale among the Feet of Fines.
The most painstaking research among records, wills, and registers has given me no clue to further information; indeed, rather clouds what we already have. It is known that the Aston Cantlow registers do not begin early (1560). Among the burials appear Joane, “wyff of John Scarlett,” 9th December 1580; and on 9th December 1581, John Scarlett. The will of John Scarlett of Newnam is dated 10th December 1581; in this he mentions his brother William, and John, the son of Adam Scarlett. The date given is _the day after his burial_; and the deed is drawn up three months after both. This seems to prove that it was _another_ John Scarlett. Adam Scarlett, the richest yeoman[6] in the parish, had a brother John, who might, by common law, as the _second_ son, have been heir to his mother, and who survived some time after this. But no such explanation comes as to the “now wife Joan,” who had died a year and more before the agreement was made in which she is concerned. I have been unable, as yet, to trace the cause of the discrepancies.
Robert Webbe had now got into his own hands all which had been owned by his aunts and his mother. But the Chancery proceedings were dragging their slow length along. He could, however, have little fear, further than the waste of time and money, as he would hold among his evidences the two early papers which I have brought forward for the first time. A paper in Misc. Doc., i, 89, gives the list of “Witnesses to be examined for Robert Webbe.” Among these is “Hary Shexspere.” Another (Misc. Doc., ii, 85) is the subpœna of John Shakspere, John Wager, Adam Palmer, and others, in the case of Mayowe _versus_ Robert Webbe, to appear before a special commission appointed by Chancery, Sir Fulke Greville, Sir Thomas Lucy, Humphrey Peto, and William Clopton, 24 Eliz.
No one has hitherto taken any further trouble about this Chancery suit, but, knowing that it might lead to unexpected revelations, I made a diligent search at the Record Office, and was rewarded to a limited extent; that is, I found some information, but not so much as I had hoped.
I found that a commission had been granted to hear the case of Mayowe con. Cornwell and others, in the Quindene of Trinity, to Sir Fulke Greville and Sir Thomas Lucy, Knights, Humphrey Peto, Esq., and Thomas Clopton, Arm., or any two of them, to hear the witnesses on the plaintiffs’ side; record their answers, and give the defendants a fortnight to reply, 12th June 23 Eliz. (1581).
Thomas Mayowe claimed to be the son of Roger, and that Roger was the son and heir of William, on whom Richard his father had entailed the property. Apparently William had granted it to John, son and heir of Richard. This John would be William’s brother. The interrogatories to be put on behalf of Mayowe were necessarily long, but they may be summarized. Do you know the tenement in question, “lying between the house which was sometime the house of William Palmer on the one side, and a lane called Merrel Lane on the other, and doth abut on the High Street”; and if one John Mayowe did sometime dwell in it? Do you know that one Richard Mayowe deceased, father of William Mayowe, likewise deceased, was seised in this domain as of fee of inheritance, and did entail it on the said William and the heirs of his body? Do you know that William was grandfather of the complainant, that his son and heir was Roger, and that Thomas was the son and heir of Roger? Chancery is proverbially slow. The depositions were taken at Warwick 13th June, 24 Eliz. (1582), before Sir Foulk Greville, Sir Thomas Lucy, and Humfrey Peto, Esq. (Chanc. Dep. M. VIII, 22). The question of entail is not cleared.
Richard Welmore of Norton Curlew, of the age of 60 years or thereabouts, did know the tenement, but could not answer the other queries. He had heard Roger Mayowe say he was the eldest son of William. He knew that Thomas was the son and heir of Roger.