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.