These men were evidently acting as trustees for the young Robert Arden. Just in the same way this same Robert Throckmorton was appointed by Thomas's elder brother, Sir John Arden of Park Hall, as trustee for his children, in association with John Kingsmel, Sergeant-at-Law, Sir Richard Empson, and Sir Richard Knightley.[72] That a man of the same name, at the same time, in the same county, retaining the same family friends, in circumstances in every way suitable to the second son of Walter Arden, should be accepted for that man seems just and natural, especially when no other claimant has ever been brought forward.
But we know this Thomas Arden was Mary Arden's grandfather; this Robert was her father; this property, that tenanted afterwards by the Shakespeares, and left by Robert's will to his family.
As the deed of conveyance of the premises at Snitterfield from Mayowe to Arden has been often referred to, occasionally quoted, but never, so far as I know, printed in extenso, I should like to preserve the copy. It may save trouble to future investigators, and help to clear up the connection between the Shakespeares and the Ardens. It certainly strengthens very much Mary Arden's claim to connection with the Ardens of Park Hall, and her descent from "a gentleman of worship," a claim the heralds allowed.
"Sciant presentes et futuri quod ego Johannes Mayowe de Snytterfeld dedi, concessi, et hac presenti carta mea confirmavi, Roberto Throkmerton Armigero, Thome Trussell de Billesley, Rogero Reynoldes de Henley in Arden, Willelmo Wodde de Wodhouse, Thome Arderne de Wylmecote, et Roberto Arderne filio eiusdem Thome Arderne, unum mesuagium cum suis pertinenciis in Snytterfeld predicta, una cum omnibus et singulis terris toftis, croftis, pratis, pascuis et pasturis eidem mesuagio spectantibus sive pertinentibus in villa et in campis de Snytterfeld predicta cum omnibus suis pertinenciis; quod quidem mesuagium predictum quondam fuit Willelmi Mayowe et postea Johannis Mayowe et situatum est inter terram Johannis Palmer ex parte una et quandam venellam ibidem vocatam Merellane ex parte altera in latitudine et extendit se in longitudine a via Regia ibidem usque ad quendam Rivulum, secundum metas et divisas ibidem factas. Habendum et tenendum predictum mesuagium cum omnibus et singulis terris Toftis, Croftis, pratis, pascuis, et pasturis predictis, ac omnibus suis pertinenciis prefatis Roberto Throkmerton, Thome Trussell, Rogero Reynoldes, Willelmo Wodde, Thome Arderne et Roberto Ardern heredibus et assignatis suis de capitalibus dominis feodi illius per servicia inde debita et de jure consueta imperpetuum. Et ego vero predictus Johannes Mayowe et heredes mei mesuagium predictum cum omnibus et singulis terris Toftis Croftis, pratis, pascuis et pasturis supradictis ac omnibus suis pertinenciis prefatis Roberto Throckmerton, Thome Trussell, Rogero Reynoldes, Willelmo Wodde, Thome Arderne et Roberto Arderne heredibus et assignatis suis contra omnes gentes Warrantizabimus et defendemus imperpetuum.
"Et insuper sciatis me prefatum Johannem Mayowe assignasse, constituisse et in loco meo posuisse dilectos michi in Christo Thomam Clopton de Snytterfeld predicta gentilman et Johannem Porter de eadem meos veros et legitimos Attornatos conjunctim et divisim ad intrandum vice et nomine meo in predictum mesuagium cum omnibus et singulis premissis et pertinenciis suis quibuscunque et ad plenam et pacificam seisinam pro me ac vice et nomine meo inde capiendam et postquam hujusmodi seisina dicta capta fuerit ad deliberandam pro me ac vice et nomine meo prefatis Roberto Throkmerton, Thome Trussell, Rogero Reynoldes, Willelmo Wodde, Thome Arderne et Roberto Arderne plenam et pacificam possessionem et seisinam de et in eodem mesuagio ac omnibus et singulis premissis, secundum vim, formam et effectum huius presentis carte mee. Ratum et gratum habens et habiturus totum et quicquid dicti attornati mei vice et nomine meo fecerint seu eorum alter fecerit in premisses. In cuius rei testimonium huic presenti carte mee et scripto meo sigillum meum apposui. Hiis testibus Johanne Wagstaffe de Aston Cauntelowe Roberto Porter de Snytterfield predicta Ricardo Russheby de eadem, Ricardo Atkyns de Wylmecote predicta, Johanne Alcokkes de Newenham et aliis. Datum apud Snytterfield predictam die lune proximo post festum invencionis Sancte Crucis Anno Regni Regis Henrici Septimi post conquestum Sexto decimo."[73]
Mr. Nichols' second objection was that in records he is styled "husbandman"; but the word is an old English equivalent for a farmer, in which sense it is often used in old wills and records. And in the examination of John Somerville,[74] Edward Arden's son-in-law (also of high descent), he stated "that he had received no visitors of late, but certain 'husbandmen,' near neighbours." The Arden "husbandman" of Wilmecote in 1523 and 1546[75] paid the same amount to the subsidy as the Arden Esquire of Yoxall[76] in 1590, when money was of less value.
Mr. Nichols' third assertion, that the heralds scratched out the arms of the Ardens of Park Hall, because they dared not quarter them with those of the Shakespeares, shows that he omitted certain considerations. That family was under attainder then.
Drummond[77] exemplifies many arms of Arden, and traces them back to their derivation. He notices that the "elder branch of the Ardens took the arms of the old Earls of Warwick; the younger branches took the arms of the Beauchamps, with a difference. In this they followed the custom of the Earls of Warwick." The Ardens of Park Hall therefore bore ermine, a fesse chequy, or, and az., arms derived from the old Earls of Warwick; and this was the pattern scratched out in John Shakespeare's quartering. But the reason lay in no breach of connection, but in the fact that Mary Arden was an heiress, not in the eldest line, but through a second son. A possible pattern for a younger son was three cross crosslets fitchée and a chief or. As such they were borne by the Ardens of Alvanley, with a crescent for difference. They were borne without the crescent by Simon Arden of Longcroft,[78] the second son of the next generation, and full cousin of Mary Arden's father. It is true that among the tombs at Yoxall the fesse chequy appeared, but there is evident confusion in their use. Martin Arden of Euston was probably in the wrong to assume when he did the arms of his elder brother; William Arden of Hawnes, if the sixth son, county Bedford, bore the same arms as those proposed for Mary Arden, and it is implied that Thomas, her father, had borne them. In the Heralds' College is the draft: "Shakespere impaled with the Aunceyent armes of the said Arden of Willingcote" (volume marked R. 21 outside and G. XIII. inside).
If the three cross crosslets fitchée were the correct arms for Thomas Arden as the second son of an Arden, who might bear ermine, a fesse chequy or, and az., the crescent would have been the correct difference, but it had long been borne by the Ardens of Alvanley, in Cheshire, who branched off from the Warwickshire family early in the thirteenth century. The heralds therefore differenced the crosslets with a martlet, usually, but by no means universally, the mark of cadency for a fourth son at that time.[79] Thus, Glover[80] enumerates among the arms of Warwickshire and Bedfordshire: "Arden or Arderne gu., three cross crosslets fitchée or; on a chief of the second a martlet of the first. Crest, a plume of feathers charged with a martlet or." If heraldry has anything, therefore, to say to this dispute, it is to support the claim of Thomas Arden to being a cadet of the Park Hall family, and thereby to include Mary Arden and her son in the descent from Ailwin, Guy of Warwick, and the Saxon King Athelstan. Camden and the other heralds were only seeking correctness in their draft of the restitution of the Ardens' arms. The hesitation as to exactitude among the varieties of Arden arms was the cause of the notes. See "The Booke of Differ.," 61; see "Knights of E.I.," folios 2, 28, etc., on the draft.
It has been considered strange that, after the application and even after the grant (preserved in MS. "Coll. of Arms," R. 21), no use thereof can be proved, though the heralds added to the former grant: "and we have lykewise uppon an other escucheon impaled the same with the auncient arms of the said Arden of Wellyngcote, signifying thereby that it maye and shalbe lawfull, for the said John Shakespeare, gent., to beare and use the same shields of arms, single or impaled, as aforesaid, during his natural lyfe, and that it shalbe lawful for his children, issue, and posterity, to beare, use, quarter, and shewe the same with their dewe difference, in all lawfull warlyke faites and civill use" (Ibid., G. XIII.).