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, 6s. 8d. “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).