[verso, endorsed]

Iuratores dicunt pro querente
misas  iiij^d  dampna  ij^d

[fol. 2r] 

Gleebe landes Tythes Alterages oblacions Obvencions mynumentes offeringes And
All other issues proffittes Emolumentes & Advantages in the countie of Warr’
or Worcester or elsewhere whatsoeuer they bee vnto the saied
Colledge Apperteyninge (The mancion house & the Scite of the saied
Colledge with their Appurtenaunces within the precinctes of the walls of the saied
Colledge vnto the saied warden & subwarden onlie excepted) To have &
to holde All the saied Mannors Landes Tenementes and all other the premisses with all
& singuler their Appurtenaunces (excepte before excepted) vnto the saied
Colledge belonginge or in Anie [wise] Apperteyninge vnto the saied William Barker
his executors & assignes from the ffeast of St Michaell tharchangell then laste
paste before the Date of the saied Indenture vnto thend & terme of
ffourescore & Twelve yeares then nexte ensueinge yelding & paieing
therefore yearelie during the vnto the saied warden & subwarden & their
Successors att the saied Colledge Cxxii^l xvij^s ix^d of lawfull money of Englande
As more playnely Appeareth by the saied indenture And whereas
Alsoe the Reuercion of All & singuler the sayed premisses emonge other
thinges, by vertue of the Acte of Parlyment made in the first yeare of the Raigne
of our late soueraigne lorde kinge Edwarde the sixte for the dissolucion
of Chauntries Colledges & Free Chappels or by somme other meanes came
to the handes and possession of the saied late kinge Edwarde And where alsoe

[fol. 3r]

the sayed late kinge Edwarde the sixte beinge seised as in right of his Crowne
of Englande of & in the Reuercion of All & singuler the premisses by his lettres
patentes bearing date the xxviij^th daie of Iune in the vij^th yeare of his raigne
for the consideracion therein expressed did gyve & graunte vnto the Baylief
and Burgesses of Stratford aforesaied & to their successors emonge other
thinges All & all manner of the saied Tythes of Come graine & Hey Cominge
encreasinge or Arrysinge in the villages & ffieldes of Old Stratford Welcombe &
Bushopton in the saied countie of Warwicke then or late in the tenure
of Iohn Barker and to the late Colledge of Stratford vpon Avon
in the saied countye of Warr’ of late belonging & Apperteyninge & parcell of
the possession thereof beinge And Alsoe All & All manner the saied Tythes
of Wooll lambe & other smalle & Pryvie Tythes oblacions & Alterages,
whatsoeuer within the parishe of Stratford vpon Avon aforesaied & to the saied late
Colledge of Stratforde vpon Avon aforesaid  & to the saied late Colledge of
Stratford vpon Avon belonging or Apperteyninge & then or late in the tenure of
William Barker or of his Assignes And the Reuercion and Reuercions whatsoeuer
of  All & singuler the saied Tythes and euerie parte & parcell thereof &
the Rentes Revenues & other yearelie proffittes whatsoever Reserved
vpon Anie Demise or graunte of the saied tiethes or anie parte or parcell thereof 

[fol. 4r] 

And wheras alsoe the interest as well of the said premisses graunted vnto the said
Baylief and Burgesse, As alsoe the interest ^^a of all other the premisses in the
said originall Lease mencioned (the reuercion wherof was then remainynge in her
Maiesties handes and the interest of Certaine Coppie holdes ^lande in Shotterie in the
parishe of Stratford aforesaid beinge by good and lawfull Conveyance & assurance in
the lawe before that tyme Conveyed & assured to Iohn Barker of Hurste in
the said countie of Berk’ He the said Iohn Barker by his Indenture
bearinge date the ffoure and Twenteth daye of Iune in the Twoe and
twente yeare of the Raigne of our said souereigne Lady ^{the (late) Quenes Maiestie Elizabeth} for the Consideracions
therin specifyed did give graunte assigne and sett ouer vnto Sir Iohn Hubaud
Knighte deceassed brother of the said Raphe Hubaude of Ipsley in the said Countie 
of Warwicke Esquire all & singuler the said laste mencioned premisses And all
his Estate Righte Tytle and Interest that he then had to Come of in and to
all and singuler the said premisses and of all other Mannors Messuages Landes
Tenementes gleebe landes tiethes oblacions Comodities and proffittes in the said originall
Lease mencioned for and duringe all the yeares & terme then to Come vnexpired
in the said originall Lease (exceptinge certaine thinges as in & by the saide
laste mencioned Indenture is excepted) As by the same ^Indenture more att large maie
appeare To have and to holde all and singuler the said recyted premisses
(excepte before excepted) to the saied Sir Iohn Hubaud knight his Executors

[fol. 5r] 

and Assignes for & duringe the yeares then to Come of and in the same
yeldinge and payeinge therfore yearely after the ffeast of St Michell
Tharchangell next ensuynge the date of the said laste mencioned Indenture
for and duringe all the yeares mencioned in the said first mencioned Indenture
then to Come & ^{not vn} vnexpired vnto the said Iohn Barker his Executors Administrators and
Assignes one Annuall or yearly Rente of Twentie Seaven poundes Thirteene
shillinges ffowre pence by the yeare to be yssuyinge and goynge out of all
the Mannors Landes Tenementes Tyethes and hereditamentes in the said Indenture specified
To be paide yearly to the said Iohn Barker his Executors Administrators and
Assignes by the said Sir Iohn Hubaud knighte his Executors Administrators & Assignes
att the ffeastes of the Anuntiacion of our Lady and St Michaell Tharchangell
or within ffortie dayes of ^after the said ffeastes in the Porche of the parishe Churche
of Stratford aforsaid by yeven porcions And further payeinge doynge
and performynge all suche other Rentes duties & services as att enie tyme from
thenceforth and from tyme to tyme for and duringe the terme aforsaid shoulde
become due to anie person or persons for the same premisses or anie parte therof, and
therof to discharge the said Iohn Barker his Executors & Administrators And yff
yt shoulde happen the saied Twentie seaven poundes thirtene shillinges
ffoure pence to be behinde & unpaide in parte or in all by the space ^of ffortie dayes
nexte

[fol. 6r] 

nexte after anie of the sayed ffeastes or dayes of payemente in which as is aforsaid
yt oughte to be paide beinge lawfully asked That then yt shoulde be lawfull to
and for the said Iohn Barker his Executors Administrators & Assignes into all & singuler
the premisses with theire appurtenaunces and euerie parte and parcell therof to reenter
and the same to haue againe as in his or their former righte And that
then and from thenceforthe the saied recyted Indenture of Assignemente and euerie
article Covenaunte Clause provisoe & agreemente therin Conteyned on the parte & behalfe
of the said Iohn Barker his Executors Administrators & Assignes to be performed
shoulde Ceasse and be vtterly voyde & of none effeete with diuerse and sundrie other
Covenauntes grauntes articles and agreementes in the said Indenture of Assignemente specified
to be observed & performed by the saied Sir Iohn Hubaud his Executors and Assignes
As in and by the said recyted Indenture ^^it doth and maye Appeare And wheras
the sayed Sir Iohn Hubaude knight did by his deede obligatorie bynde him self and
his heires to the said John Barker in A greate summe of money for the performance
of all and singuler the Covenauntes grauntes articles and agreementes which on the parte of the
said Sir Iohn Hubaud knighte were to be observed and performed Conteyned & specified
as well in the said reeyted Indenture of Assignemente, as alsoe in one other Indenture
beringe the date of the said recyted Indenture of Assignemente made betwene
the said Iohn Barker on thone partie, and the said Sir John Hubaud knighte
on

[fol. 7r] 

on thother partie As by the said Deade obligatorie Moore att large yt dothe &
maie Appeare And whereas alsoe the said Sir Iohn Hubaud
by his laste Will & testamente in Writinge did gyve & bequeath vnto the said
Raphe Hubaud and vnto George Digbye the esquier & after made his Executors amongste other thinges
knight ^{the moytie or one half of} All & singuler the said tythes as well greate & smalle before mencioned to
be graunted to the said Baylieffe & Burgesses for & duringe All
the yeares soe longe tyme & vntill of the issues & proffittes thereof soe muche as
with those other thinges in his saied will to that purposse willed lymitted or Appointed
shall should be sufficient to discharge beare & paie his funeralles debtes
& legacies And the other moytie ^{or one half} of the saied Tythes did alsoe gyve & bequeath
vnto the saied Raphe Hubaude & his assignes during all the yeares then to
come in the saied Originall lease & not expired payeinge the one half
of the rentes & other charges dewe or goeing out of or for the same that
is to saie the one half of Tenne poundes by yeare to be paied to the saied
Iohn Barker over & aboue the rentes thereof reserved vpon the saied originall lease for the same
As by the saied will & testament more Att large Appeareth This
Indenture nowe witnesseth that the saied Raphe Hubaude for & in consideracion
of the some of ffoure hundred & ffourtie poundes of lawfull englishe
money to him by the saied William Shackesphere before thensealing
& deliuerye of these presentes well & truelie contented & paied whereof &

[fol. 8r] 

of euerye parte & parcell whereof he doth by these presentes Acknowledge the Receipt And thereof
& of euerye parte & parcell thereof the saied Raphe Hubaud doth by thees presentes
clerelie acquite exonerate & discharge the saide the saied William
Shakesphere his heires executors and Administrators for euer hath graunted demised
Assigned & sett over & by thees presentes doth ^graunte demise assigne & sett over vnto the
saied William Shakesphere his executors & Assignes ^{the (saied) moytie or one half of} All the saied Tythes
of Corne graine blade & heye ..innge Arry yearelie & from tyme to tyme cominge
increasinge Reneweinge Arrysinge groweinge issueinge or happening
or to be had receyved perceyved or taken out of vpon or in the groundes
townes villages hamlettes groundes & ffyeldes of Stratford Old Stratford Bushopton
& Welcombe in the said countie of warr’ ^And Alsoe the moytie or one half of
All the tythes of wooll lambe & other smalle & pryvie tythes herbage oblacions
obvencions Alterages mynimentes offeringes & proffittes whatsoeuer yearelie & from
tyme to tyme cominge encreasinge reneweing or groweing or to bee
had receyved perceyved or taken within the parishe of Stratforde vpon
Avon aforesaied And alsoe the moytie or one half of All & All manner of
Tythes as well greate as smalle whatsoeuer which were by the laste Will
& testament of the saied Sir Iohn Hubaud gyven & bequeathed to the saied
Raphe Hubaud Arrysing encreasing reneweing or groweing within the saied
parishe of Stratford vpon Avon And whereof the saied ^Raphe Hubaud hath att

[fol. 9r] 

Anie tyme heretofore been possessed of or whereof by vertue of the saied will and testament of Righte
ought to be possessed or wherevnto he nowe hath or hereafter should have Anie estate
right or interest in possession or Reuercion And all thestate right title interest claime & demaunde
whatsoeuer of the saied Raphe Hubaude of in & to All & singuler the premisses hereby lastelie
mencioned to bee graunted & assigned & euerie or anie parte or parcell thereof And the Reuercion
& Reuercions of All & singuler the premisses & all rentes & yearelie proffittes Reserved vpon Anie
demise graunte or Assignement thereof or Anie parte thereof heretofore made
(The Pryvie Tythes of Luddington & suche parte of the Tythe Hey & pryvie
Tythes of Bushopton as of right doe belonge to the vicar curate or
minister there for the tyme beinge alwaies excepted & foreprised) To have &
to holde the saied Moyties of All & singuler the saied Tythes before in & by
thees presentes lastelie mencioned to be graunted & Assigned & euerie parte & parcell of them
And All thestate right title & interest of the saied Raphe Hubaud of in & to the
same And all other the aforedemised premisses & euerie parte thereof except before
excepted vnto the saied William Shakespear his executors & assignes from the
daie of the date hereof for & during the Residewe of the saied Terme of ffourescore
& twelve yeares in the saied first mencioned Indenture expressed and for
suche & soe longe terme & tyme & in as large Ample & benefyciall
manner as the saied Raphe Hubaud shoulde or ought enioye
the same yelding & paieinge therefore yearelie duringe
the Residewe of the saied terme of ffourescore & twelve
yeares which be yet to come & vnexpired the Rentes hereafter mencioned in

[fol. 10r] 

manner & forme followeinge That is to saie vnto the Baylyffe & Burgesses of Stratford
aforesaied & their Successors the yearelie rent of Seaventeene poundes Att the
ffeastes of St Michaell tharchangell & thanunciacion of blessed Marie the Virgin
by equall porcions And vnto Iohn Barker his executors administrators or Assignes the
yearelie rent of ffyve poundes att the ffeast daies & place in the recited
Indenture of Assignement lymitted & appointed ^ ^{or within fourtie dayes after the saied ffeaste daies by even porcions} As parcell of the saied Annuall
Rent of Twentye seaven poundes thirteene shillinges foure pence in the saied
Assignement mencioned And the saied Raphe Hubaud doth by thees presentes
for him his heires Executors administrators & assignes Covenaunte & graunte to & with the
saied William Shakesphere his executors administrators & Assignes & euerye of them
That Hee the saied Raphe Hubaude Att the tyme of thensealinge of thees
presentes hath & att the tyme of the first execucion of Anie estate interest or terme
by force of thees presentes shall have full power lawfull & sufficient
Aucthoritie certenlie suerlie & absolutelie to graunte demise assigne
& sett over the saied moyties or one half of all & singuler the saied
Tythes & other premisses before by thees presentes lastelie mencioned to be assigned
& sett over & euerie parte & parcell thereof vnto the saied William
Shakesphere his executors & assignes Accordinge to the true meaning
of thees presentes And alsoe that the saied william Shakesphere his executors

[fol. 11r] 

executors administrators or Assignes ar shall & maye from tyme to tyme & att all tymes duringe the
Residewe of the saied terme of ffourescore & twelve yeares yet to come & vnexpired
for the yearelie seuerall rentes aboue by thees presentes reserved peaceablie
lawfullye & quietlie have holde occupie possesse & enioye the saied Moyties
or one half of All & singuler the saied Tythes of Corne graine blad
heye wooll lambe & other smalle & pryvie tythes ^herbage oblacions obvencions offeringes
& other the premisses before by thees presentes graunted & assigned or ment to be graunted
& assigned & euerie parte & parcell thereof According to (except before excepted)
without anie lett trouble entrie distresse claime deniall interrupcion or
molestacion whatsoeuer of the saied Raphe Hubaud his executors administrators or
assignes or of Anie other personne or personns having or c1ayminge to have or
which att anie tyme hereafter shall or maie have or claime to have
Anie thing of in to or out of the afore graunted premisses or anie parte thereof
by from or vnder the saied Raphe Hubaud his executors administrators or assignes
or anie of them or by from or vnder ^{the saied} Sir Iohn Hubaude ^{or by their or anie of their meanes consent forfeiture act or procurement} And without anie ^lawfull lett
trouble distresse claime deniall entrie or demaunde whatsoeuer other then
for the saied yearlie rent of v^li aboue reserved of the saied Iohn Barker his executors
administrators or assignes or anie of them or of anie personne or personns clayming by from
or vnder them or anie of them Thestate & interest of the lord Carewe of
& in the lordship Tythes of Bridgetowne & Ryen Clifforde onelie Excepted

[fol. 12r]

& the interest of Sir Edwarde Grevill of & in the moytie of the Tythe heye ^{wooll lambe & other
smalle &} pryvie & small tythes oblacions obvencions offeringes & proffittes before by thees ^presentes graunted
& assigned vnto the saied William Shacksphere which is to endure vntill the feast
of St Michaell tharchangell next ensueinge the date hereof & noe longer
onel excepted & foreprised And the saied Raphe Hubaud doth by thees presentes
for him his heires executors & Administrators Covenaunte & graunte to & with the saied
William Shakesphere his executors administrators & assignes that the sayed Moyties
of the saied Tythes before mencioned to be graunted to the saied William ^Shakespeare & other the
premisses ^{except before excepted} nowe are & soe from tyme to tyme & att all tymes hereafter during
the residewe of the saied terme of ffourescore & twelve ^yeres yet to come
& vnexpired shalbe remaine & contynewe According to thintent & true
meaninge of thees presentes free & clere & freelie & clerelie acquited exonerated
& discharged or well & sufficientlie saved & kept harmelesse of &
from ^{all &} All manner of bargaines Assignementes grauntes leases recognizances
statutes mercheant & of the staple outlaries iudgementes execucions entries
titles troubles charges encumbraunces & demaundes whatsoeuer heretofore
had made done comitted omitted done or suffered or hereafter to be
had made done comitted omitted done or suffered by the
saied Raphe Hubaude Sir Iohn Hubaud & Iohn Barker or
anie of them their or anie of their executors administrators or assignes
or anie of them or by anie personne or personns ^whatsoeuer clayminge by

[fol. 13r]

or which att anie tyme herefter during the residewe of the saied terme shall
or maie claime by from or vnder them or anie of them their or anie of their
executors adminstrators or assignes or anie of them or by their or anie of
their meanes Act graunte forfeyture consent or procurement And
Alsoe that he the saied Raphe Huband his executors administrators & assignes
shall & will from tyme to tyme & att all tymes duringe the space of three yeares
next ensueing vpon Requeste & att the costes & charges in the lawe of
the saied William Shakesphere his executors or assignes doe performe &
execute & cause permitt & suffer to be done performed & executed All & euery
suche further Acte & Actes thinge & thinges devise & devises in the lawe
whatsoeuer be yt or they by anie meane course act devise or Assurans
in the lawe whatsoeuer ^{as by the saied William Shakespeare his executors or assignes or his or their learned councell in the lawe shalbe resonablie devised advised or required} for the further or more better or firmer Assurans
suertie suermakinge & conveyeinge of All & singuler the premisses before
by thees presentes demised & assigned or ment or Intended to bee demised
& assigned & euerie parte & parcell thereof vnto the saied William Shaksphere
his executors & assignes during all the residewe of the saied terme of
ffourescore & twelve yeares which bee yet to come & vnexpired According
to the tenor & true meaninge of thees presentes Soe as the saied Raphe
Hubande be not hereby compelled to travell from his dwelling house
att Ippesley aforesaied for the Doeinge thereof

[BRU 15/13/26a verso]

24 aftir noone M^r Wyatt told me that M^r Wryght within theis 2 houres told him that they were in framyng an answere to the Lettres wrytten from M^r Baylyff and the Company this Lettre. And that my lord Carewe did intend to oppose the inclosure there to be made all he might, alsoe M^r Wyatt told me that about ffryday laf laste he spake with M^r Manneryng whoe told him that yf he might not doe yt well & he cared not for inclosyng and cared cared not howe little he did meddle therein.

28. November at night M^r Replinghams speche with me & my opposynge yt, I sayd I did it accordyng to the trust in me reposed by the Baylyff &c & howe I was tyed to them &c and as for myne owne particuler interest I would not vary from what I hadd sayd before & soe wee parted.

3. Dec M^r Baylye William Barnes Junior at night told me that M^r Combe was gone to London: & then I told th him that I would have the Lands seene that I might knowe howe to make reasonable demands of M^r Manneryng.

5 Dec at a Hall the Company agreed that .6. should goe to M^r Combe in the name of all the rest to present their Loves & to desire he would be pleased to forbeare to inclose & to desire his love as they wilbe reddy to deserve yt.
Arthur Caudry rather desirit the inclosure might rather stay then goe on, William Emet did not wish yt might not take effect. Edward Hunt would not consent without Sir ffrancis Smyth but desirit for his own part yt might not goe on :

9 Dec aftir M^r Bayley & wee hadd spent some 4 or 5 houres with the overseers of the poore he M^r Alderman & I M^r Baker M^r Shawe & M^r Chandler went accordyngly to M^r Combe whose answere was he should be gladd of our loves & that the inclosures would not be hurtfull to the Towne that he hadd not to doe with yt but to haue some proffytt by yt & that he thought M^r Manneryng was soe farre ingaged therein as that he would not be intreated & therefore he would not bestowe his labour to entreate him in any sorte saying if the froste broke the dychynge would goe presently forward.
[marginal note] Goeing to M^r Combe

[in the margin] 10 Dec that the survey there was past, I went came from Wilson to look M^r Replinghjam at the beare & at new place but missed him & on the narowe sid but he was not to be spone with.  

11 Dec I being Sunday I acquaynted M^r Bayly that I hadd a byll reddy drawen & prayed th him to appoynt a Hall & he puttyng yt of till ffryday I sayd yt desired haste & wished yt might be on the morowe & soe yt was sumoned.

12 Dec at the Hall the byll was reade. & stayeth till M^r Bayly M^r Alderman M^r Ba myself & M^r Baker haue bene at Stoneley & aftir some dispute of my consentynge I at their instance did write that I declare my prouins to be by all lawefull & reasonable meanes to assist them as their Steward and Counseller to withstand the inclosure & howe I hadd given my word for it & then M^r Walford challengyng I ought to M^r William Combe well I know where one told me he would help me to a Lease for .20. yeres yet to come of the same tythes & a bond of 100^li to perform yt: Eust licence de concorder & that Thomas Rutter sayd that M^r Thomas Combe sayed they were all Curres & sayd of & them spitting that one of the dogges such a one as Walford was the cause of sendyng Hitchcocks to prison: And that now M^r William Barnes sayed that M^ris Reynolds denyed yt for when the enclosure was, M^r Replyngham sayd yt was not yet for M^r Combe, but hadd bene surveyed & when M^r Replyn Manneryng knewe the valor thereof yt might be M^r Combe might have yt before any other.
[marginal notes against this paragraph]
They would have had my interest in the part of be inclosed.
Curres 

14 Dec my goeingto M^r Wrights with Edmund Rawlyns but he was gone to Worcester. & thence to M^r Nashe about the Chauncell & he told me of the arbitrations. & the 100^li & the churchyard.
The same day my as tryeing my Cosen Baker what he would say about their buyeing the interest of the tythes.

15 Dec being Thursday I told M^r [N?]Ashe & my Cosen Baker what I thought a Commoner might doe as touching throweing downe of dytches being same day he & M^r Bayly for him told me that Sir Thomas Leyghe stayed in London all xpmas &c & soe M^r Manneryng [was] not lyke to come downe & I vrgyng that some Course might be taken for say stayeing the inclosure, my Cosen Baker yt were not fytt any thing were done vntill they did see that he did sett a diggyng.
M^r Bayly alsoe then told me at his house that James Elliotts & Arthur Cawdry hadd taken a vewe of all the errable Lands: but being busy yt being markett day he cold not stay about yt to shewe yt me. 506 Lands.

20. at the College before Sir Henry Raynsford (at such tyme as M^r Byshope was there about M^r Lane) M^r Combe in gret earnestnes sayd nowe I can not hynder the inclosure now I sight [side with?] M^r Manneryng: And after at my door pale door before John Watkyns & W. Martyn I told M^r Combe that the words between vs were but speeches in the ton of pleasure & not to preiudice me with M^r Manneryng & he sayd noe yt made noe mater & noe Advantage to be taken of them.

21. Our goeing to Clarden M^r Spencer sayd Lord Chancery was their friend in Chancery. Councell table Sir ffulk Grevill sent to me[?] he wold have vs peticion to the Kyngs Chancery case of annoying Sir Thomas Lucy.

23. Dec. A Hall. Lettres wrytten one to M^r Manneryng another to M^r Shakspeare with the almost all the company’s hands to eyther: I alsoe wrytte of myself to my Cosen Shakspeare the Coppyes of all our oathes made then alsoe a not of the Inconvenyences wold grow[?] by the Inclosure. Edmund Rawlyns well remembreth that [?] in my best Chamber told me I should have [?] for my tythes viz that evenyng he sent for me to th[?] and to speake about M^r Lanes busynes:

[alongside this paragraph is some Latin verse as follows]

Heu vivunt homines tanquam mors nulla sequeter
Et velut informis fabula vana fide
Mors certa est incerta dies hora agnita nulli
Extremam quare tu quamlibet esse diem puta
Fleures si scires vnam vnum tibi tempora mensem
Rides cum non si forsitan vna dies
Qui modo sanus erat nunc lecto egrotus adheret
Estque cinis subito qui modo ciuis erat.

[BRU 15/13/27 verso]

10. Januarii. 1614. at the quarter sessions: M^r Archer was spoken to as a Justice of peace & a Commoner to help at the Sessions for preventyng breach of the peace.
At M^r Baylyes instance we viz. he, myself M^r Baker M^r Walford & M^r Chandler alighted at the Byalyes [sic] for that part was so fytt to goe privately to M^r Wards & thence to M^r Hales, we went & there agreed as there we hadd together resolved none shall be spoken of but the dyggers & noe mencion at all of M^r Mannering M^r Replingam or M^r Combe. agree the peticion shall not be putt vpp. went to M^r Halls & shewed him as to M^r Ward our feares of tumult & howe on Monday people came to looke on when M^r Walford & M^r Chandler were there. desired his advice as also that he wold persuade M^r Combe there might be stay made & to enforme my Lord Compton thereof. & too putt him in mynd of his promise to the Countrey at the last dig dyggynge, & being sett in Court M^r Stapelton asked what I hadd to say that he might despatch me & I sayd I was not reddy but sent for M^r Ward who happely mett M^r Replyngham in the Court about the Hall & proposed stay of enformyng the Court which J M^r Bayly being nere M^r Ward yelded to. Aftir dyner at Mr Wards house agreements were made in these words. 10 Januarii 1614.
[marginal notes against this entry]
    Respect to M^r Combe.
    My Lord Comptons promise at last dyggyng.

10 Januarii 1614.
Yt is agreed for preventyng of Tumults and avoydyng of meetyng of the people of Stratford & Bi Byshopton for the present.
1      That any further dytchyng stay vntill the. 25. of March next.
2.     That there be noe ploughing on the Common or any part thereof vntill then.
3.     And yt ys ment there shalbe a cartway left vnder Rowley. and other vsuall ways to lye open.
       [marginal note against this clause] Not done but stopped since 
4.    Yt ys ment that there shalbe noe throweing downe of the dytches alreddy sett vpp but aftir such wayes as aforesayd, vntill aftir the sayd 25 day          of Marche.
      Subscribed William Walford William Chandler Thomas Greene. W Thomas Ayng his marke William Ayng his marke.                   

While this was doeing as yt stands, the dytches by .women & Chid Children of Byshopton & Stratford were fylled vp agayne.

Before dyner tyme I never sawe Thomas Greene Thomas or William Aynge. and I heartely thanke almighty god I never gave the lest allowance in any tumultuous courses but protested agaynst yt & as yet never was gave any Counsell to any Bishopton mann in these busynes.

On Wednesday being the xi^th day. anon aftir the Court M^r Parsons told M^r Bayly & me in the Hall that M^r Lucas sayd that the other syde being X M^r Walford & M^r Chandler might have gone. 9. & noe .ryott & shewed him many cases as he sayed yester night in that poynt but I dissented & lyked not that Course by but confessed yt was true in case of a mylston or a great peece of tymber that soe many might goe as were sufficiently able to cary yt away or lade yt.
    [marginal note against this entry] Query this opinion of riotts
At night M^r Replingham supped with me & M^r William Barnes was to beare him Company where he assured me before M^r Barnes that I should be well dealt withall as n confessyng former promisses & th by himself M^r Manneryng & his agreement for me with my Cosen Shakspeare:

Thursday. 12. Jan. in the mornying the Company did meet & there M^r Barker M^r Walford M^r Chandler M^r Henry Smyth M^rs Quyney Lewes Hiccox & Laurence Wheeler e[x]pressly to M^r Replinghams face disagreed to the intended inclosure & these M^r Bayly from M^r & M^r Baker from M^r John Lanes mouth declared that he would never agree while he lived & sayd he would enter for a forfyture vpon his tenants for a former forfyture yf ever they did agree therevnto: and all desired that M^r Manneryng wold stay all proceedyngs and at party to inclose : & at partyng M^r Replyngham sayd he wold gyve names to M^r Baylyf for doing Justice vpon the women dyggers: & yt was answered that then Justice should be be done:
     [marginal note against this entry] Disagreers 12 Ja. 12 Ja. Regis

On ffryday. 13. January: being an hall day and the accompt day about .2. of the clock in the aftirnoone he. came to the Hall & shewed a note of names, of whom he sayd he would gyve some names to M^r Baylyff (but not of all) that he would bynd them to their good behaviours & then without at the Court table he wrote a Lettre to Sir Henry Raynsford: I told M^r Replingham they would cry out of me as if I did cas cause to be bound for my Clarks proffits but I cared not the Law should by myne advise be executed upon them:

14.  I went to Clyfford to speake with Sir Henry Raynsford but he was at Brodeway.
[marginal mote] 16 M^r William Combe rod as was sayd toward London

[BRU 15/13/29 recto]

9: ffebruarii. myself M^r Chandler John Greene & Edmund Rawlyns being with M^r Manneryng he sayd all dyggyng & ploweing should stay till Easter:
Then he & M^r Ryplingham sayd they were to buy about to buy the Royalty of Sir Arthur Ingreham and that within an houre before they hadd hadd some speeche together to that effect.
[marginal note against this entry] Speeches of buyeing the royalty of Sir Arthur Ingram
M^r Ryplingham alsoe denyed that he gave yt forth as by M^r Bayly & M^r Aldermans Lettre was purported touchyng a dyggyng in of a lesse Inclosure.

Sunday . 12. Februarii M^r R Moore shewed me the me the particuler, as offred to be sold by M^r Combe; ratyng the intended Inclosure at 250^li per annum.
[marginal note against this entry] Value of the intended Inclosure

1615 22 Marcii at a Hall a peticion was agreed vpon to be exhibited to my Lord Chief Justice at Coventrey where I was with yt & yt was set down 25 Mercii at the assises syttyng in Court but his Lordship would be putt in mynd of yt agayne at Warwick & there M^r Combe 27 Mercii at night by my Lord’s appoyntement mett vs before my Lord & hadd the peticion with him to Answere the poyntes therof & answered th by trauerse of the poyntes. my Lord ordered prout 28 Marcii at the delyuery of the nisi prius prout patet per ordinem.
[marginal note against this entry] M^r Chaundler said M^r Combe vpon his carryeing him the peticioun called him knave a many tymes & told him he lyed.

1615 28 Mercii at night at my Commyng home my wif told me yt was sayd while we were as at the Assises that there yt should not be enclosed but there should be .4. shepheards kept to keepe shepe there & all should be layd doune to greensward: & this from M^ris Reynolds & 30 Marcii M^r Collyns sayd he lykewise heard soe much:

29 Marcii aftir noone M^r William Combe rode by himself & M^r Thomas Combe or one of them in the ffields dealt with Laurence Wheeler & Lewes Hiccox to se make choice of Land for M^ris Reynolds: but they sayd they would not meddle without their Landlady Landlady (meanyng M^ris Reynolds) & this M^ris Reynolds acquaynted my wif withall in M^ris M^r Collyns presence at my house:

1 Apr 1615. M^r B being Saterday M^r Baker told me at his shopp howe that the day before he was in Sir William Somervilles & M^r Combes Company a huntyng in Awson ffields & there M^r William Combe told him he might thanke me for the peticion, & that he would sell all & offred to sell him the l^li per annum lyeing in Bridgtowne amongst my lord Carewes Land there. & that he for his part never ment not to enclose &c.
    [marginal note against this entry] remember Febr & March 1615

2 Apr. M^r Parsons being Alderman told me that M^r Combe questyoned with him why he was soe agaynst the inclosure & he sayd as M^r Baker hadd sayd to him they were all sworne men for the good of the Boroughe and to preserve their Inherytaunces & therefore they would not have yt sayd in future tyme that they were the men which gave way to the vndoeing of the towne. tellyng M^r Combe that all the 3. fires were not soe great a losse to the towne as the Inclosure wolde be.
    [marginal note against this entry] 3 fires not so great as the Inclosure wold be

3. Apr. ex relacione M^ris Reynolds to my wif. Thomas Combe yesterday being Palmsunday payd to M^ris Mary Nashe xxx^li part of the l^li which she was to have for her good will to depart with her estate:

5 7· Apr. being goodfryday M^r Barker commyng to the Colledge to M^r Thomas Combe about a debt he stood surety for M^ris Quyney he William Combe willed his brother to shewe M^r Barker noe favour & threatned that him that he should be served vpp to London within a ffortnight. (and so yt fell out:

8. Apr. being Saterday Thomas Combe payeing me the half yeres rent for the tythes in my garden told me there would be noe inclosure that went not on. on.

12 Apr M^r P[Parsons?] recityng to Thomas Rogers his being beaten at his house.

10 Apr M^r B[arker?] his mencionyng of Thomas Combe his kickyng & beatyng his sheppard at Meons demandyng his wages.

19 Apr. William Combe rayled at Laurence Wheeler & Lewes Hiccox for plougheing within the intended in closure vt ait M^r Barker M^ris Reynolds.

20 Apr. they & M^r an Nashe & many other tenantes as is sayd ploughed there vpon their owne Land, with .which William Combe was very angry. 

[BRU 15/13/29 verso]

Vpon the moweing of Welcombe Medowe M^r William Combe opphis eatyng vpp the grasse thereof which hadd wont to be preserved vntill Michaelmas to help their wheat soweing.

25 Julii. Commyng from Glouc[ester] [?] Peter Rosewell nere Marston told me that William Combe hadd sent Sir Edward Greville a fatt wether & ment to vse Sir Ar Edward Greville: favour to Sir Arthur Ingram to buy the Royalty of old Stratford for M^r Combe for better furthryng his enclosure & to end the difference between Peter Roswell & him.

26 William Combe & Thomas Combe rod to Mylcott to Sir Arthur Ingram to Mylcott :
Easter terme his payeing for 2 bylles
one agaynst Hiccox [?] Replingham the other . agaynst M^r Barker [?] Browne.
William Combe payd for the wrytyng of the bylles & for draweing them & soe M^r Dastons man told Edmund Rawlyngs.

8 Augusti Sir Henry Smyth & others their puttyng vpp the peticion for eatyng vpp Welcomb Welcombe medowe w[i]th sheepe.
    1615                                     Sept  William Shakspeares tellyng John Greene that I
    14 Aug M^r Barker dyed.     was not able to he beare the enclosemge of Welcombe
   
5. Sept. his sendyng James for the executours of M^r Barker concerning to agree as ys sayd with them for M^r Barkers inf interest.

10 Sept M^r William Barnes told his vncle in my hearyng at Clyfford that M^r Combe hadd bought their interest & gave them x^s in earnest & was to pay xl^li 

12 Sept. ffrancis Boice & John Samwell at my house told me of M^r William Combe syttyng at his. being appoynted to look of be taken of him by holder 6^d & of John Yate iiii^d for their pyggs before they could have them forth of the pownde & howe that ffrancis Aynge was dryven to sue a Replevyn:

16. Sept. 1615 Sir Henry Raynsford repeated to me howe that he hadd told M^r John Nashe howe that M^r William Combes best way was to agree with me & that M^r William Combe therevppon se went to Sir Henry & thanked him for his kyndnes therein & told Sir Henry that he would gyve me satisfaccion so as I would procure the townes consent & that M^r Combe told him that Henry Smyth would lett him have the his Land lying within the enclosure the Towne being compounded witha withall & that Arthur Cawdrey answered him that he would never consent without the. Towne & that he hadd a house & other things more profitable to him them th his Land was: & that he hadd rather loose his Land then loose their goodwilles & Sir Henry also nowe told me that Peter Rosewell hadd spoken with him & then within this few dayes & told him that thoughe M^r Combe have bene at Mylcott yet he shalbe sure never to have any royalty there & that he would sue M^r William Combe in accions of trespas vpon trouer for carryeing away his Corne and will alsoe sue Thomas Combe vpon a bond of xl^li 400^li for that he enjoyeth not the doales there but hadd his Corne soe carrydd away & will sue William Combe in the Starre Chamber for ryotts & alsoe seek relief in equity against M^ris Hyatt: & fyn .& told Sir Henry Raynsford that Sir Edward Greville would stick to him: & that Sir Arthur Ingram would goe was gone into the North with Riche merchants & would perhapps sell there & buy all the Royalties at Stratford: & my answer touchyng my self was that seeing my advantage touching, M^r Manwayryng I would be gladd to see what composicion in reddy money he would offer me for otherwise I would not deale with him. Sir Henry alsoe told me howe M^r Combe sayd he should dymys dymynyshe my tythes . 30^s. per annum there. by the [?] harrowing of his ground at Ingon :
    [marginal notes against this entry] Arthur Cawdrys speeche.
    William Combe his Ryotts about Peter Rosewell his Corne.
    Dimynish my tyethes 30^s per annum

21. Sept. M^r Collyns told M^r R G [?] that William Combe would have a Commission of Concealments & then gett a yere of the come & sayd questyons whether the yeres tythes did passe the rents payd in lieue of Tythes.

22. Sept. 1615. Sir Henry Raynsford told me that M^r Combe hadd spoken with him & sayd he would not agree with me vnles he agreed with all the rest & that he sayed he would ly down lay downe all his Land to pasture nowe & at 2 yeres end yt would yeld him as much proffyt as otherwise & that he would plough at Ryon & by that meanes he might lay down his land in the Common ffyelds.
    [marginal note against this entry] ploweing at Ryon Clyfford

28 Sept. M^r Nashe & Thomas Greene offryng the tax for the poore to M^r Combe he woId not signe yt vnles I might be as much as himself as x^s on a mark or thereabouts: & then R G told me of his quarrellyng with Thomas Greenes man about diggyng clay in the wastes

.6. Octobris. T Lucas his being at the Hall about his money.
    [marginal note against this entry] Wastes

[BRU 15/13/28 recto]

14 Decembris . 1615. M^r ffrancys Smyth senior at the Hall told me that M^r Thomas Combe within a fewe dayes before told him that his brother would plowe this yere for his good but next yere would lay yt downe to spyte me.
The same day there M^r Baker told me that they questyoned my Lord Cheif Justices authority to make any such order as was made there being nothyng dependyng before him.

19. Dec. 1615. poore blynd Hiccox dryven to gett a replevyn of M^r Collyns for replevyeing cattle his milch cattle taken by the Heyward in other mens corne. the highe Sheryff denyeing yt him for 4 or 5 dayes.

26. Dec. 1615 T L his raylynge vpon & beatynge J Courte:

21 Febr 1615. agreed and entred in the book at a hall that the enclosure should be made a Towne cause & be the charges be defrayed out of the towne revenewes.
    [marginal note against this entry] to sett downe the procedyngs about shewyng the dyggers the Coppy of my Lord’s order & their Answere abour M^r Thomas Combe & the highe Sheryff

24 febr. 1615. the Highe Sheryff & M^r Thomas Combe at the bridge end toward the woodyard told being told by M^r Baker that he marveyled he would contrary to my Lords order enclose and digg in the Common. they answered they hoped my Lord could not hynder them for wi men for doeing with their owne as they pleased. & that the dytch was mad but to save their M^r Sheryff his Corne, sayeing they had gyven [money?] to my Lord's gentlemen to work my Lord & that was no good ymployment of their towne revenewes.

27. ffebr. M^r Sheryff sayd that which was done was was done agaynst his will & yet on ffryday .1. Marcii M^r Baylyff M^r Alderman myself M^r Walford M^r Henry Chandler M^r Henry Smyth ffrancis Boice & Richard Hasler went to see the Inclosure (ffrancis Bois & Richard Haseler being gone to the lower end) one John Terry Thomas Hiccox William Whitehead & Michaell Pigeon were in fynyshyng the enclosure consystyng of 27 ridges acres length a peece & 3 headlands those fellowes sayd that yt was true that M^r Thomas Combe & Boughton did (in M^r Sheryffs absence at London) warrant them & they would defend them & that M^r Highe Sheryff did nowe sett hi them on worke & badd them take noe discharge at any mans hands whoesoever & he would see they should take noe harm.

28 febr. coram magistro Gybbard W Webbe Morrell sayd told me in my study that M^r Sheryff before Valentine Tant sayd to him yf he were not out of authority he would send him to the Gaole & havyng dyvers tymes ympounded his shepe. badd him tell my Lord Cooke that he would for euery seuerall trespass have a seuerall accion agaynst him. & for every vi^d dammage wold recover agaynst him vi^li
    [marginal note against this entry] William Morrell alias Webbe

.2. Marcii. 1615. M^r Chandlers man Richard Ward went to the place where they were dyggyng & Stephen Sly John Terry Thomas Hiccox William Whitehead & Michaell Pigeon assalted him soe as he could not proceede with throweing downe the dytches & Sly sayd yf the best in Stratford came were there to throwe yt downe he wold bury his head in the bottom of the dytche:
     [marginal note against this entry] query plus

.3. Marcii, 1615. Sir Henry Raynsford at Clyfford told me of M^r William Combes tellyng him that he was to pay my Lord lx^li per annum for xxi yeres for the Land he sold my Lord & hadd the my lords barne into the bargayne.
    [marginal note against this entry] barne

[BRU 15/13/28 verso]

At Warwick Assises in Lent 1615 & 1616 my Lord Chief Justice willed him to sett his heart at rest he should neyther enclose nor lay downe any earrable nor plowe any greenswar auncient greensward.

Wednesday in Easter weeke the Company aftir some speeches at the Colledge with M^r Sheryff caused their answere to be entred in the booke viz. they desired his goodwill but would euer withstand any enclosure.

10 Apr. 1616 at Welcombe he M^r Highe Sheryff told my brother he was out of hope ever to enclose & sayd M^r Reynolds should have his Articles agayne as soone as he could fynd vpp the same.
[marginal note against this entry] J. Greene
remember the times of his proposiciones in wrytyng at the Hall & his their Answere thereto.

4 Sept. 1616. M^r Henry Smyth told me That M^r Sheryff said he wold distreyne their Cattle & they should not have them replevyned vnles they sued a replevyn from London & by reason therof there did forbeare to putt in their Cattle.
   
5 Sept. 1616. M^r Hall told me of G Bonner sayeing what he would do to Lucas & that M^r Sheryff sayd Lucas could not be an honest man for he hadd noe religion in him.

About 8 Sept. Thomas Combe & Valentine Tant upon fightyeng at Bishopton?

The sheryffs lyeing in the dytches a fyeld to keep other men's sheep forth of Welcombe Meadowe.

19 februarii. 1616, his meetyng commyng downe to M^r Bayly & vs & sayeing yt is true it is a wronge to dygg vpon the greensward but a Judge of Assise would gyve but small damages & that yf yt should not be layed downe all this styrre would not bee. M^r Chandler & alii We come for our Comon & that is this [? arrainged] by dyggyng on the g greensward, Combe to the dyggers Maysters goe on with your busynes I will beare you out thoughe yt cost me 500^li:
He sayeth one accion & nee more for dyggynge, & on yeres punyshment for layeinge downe & noe more for ever.
    [marginal note against this entry] M^r Baker
 

[fol. 2]

and Tenements scituate lying and being in the parrishe of Stretford
vpon Avon afforesaid and of and in the Tithes and tenthes
of Corne Grayne and hey and of the Tythes
of wooll and Lambe and other small and privie
Tithes and oblacions Coming growing increasing renuing
or hapening within the said Parrish of Stretford
vpon Avon in the said Countie of Warwicke And
being soe seised by their Indenture vnder their Chapter
Seale bearing date aboute September in the six
and thurtith yeare of the Raigne of the Late
Kings maiestie Henry the eight did amongst other
things demise Lease and to ffarme Let vnto William
Barker in the Bill mencioned and to his Assignes
the said Tithes and tenthes of Corne and grane
the ^heye woll and Lambe and the small and privie Tithes 

[fol. 3]

hapening arrising Renewing or increasing within the
parrish of Stretford vpon Avon afforesaid ^{in the said countie of Warr’} for the
Terme of ffowscore and twelve yeares or therabouts
as by the said Indenture may more appere whervnto this
defendaunt ^{for certentie} reserveth himselfe And this defendant further
saith that he doth verilie beleeve that the greatest
parte of the said Terme of yeares soe as afforesaid
demised to the said William Barker afterwards did ^{Lawfullie &} by
good Assuraunce come to the handes and possession
of Sir Iohn Hubaud knight deceassed and to his Assignes
And that alsoe there was and yet is reserved
vnto Iohn Barker afterwardes Henry Barker in
the Bill mencioned or to some others of the
name of the Barkers an yearly Rent of twentie
seaven pounds thirtene shillings ffoure pence to be

[fol. 4] 

issuing and going out of the said Tithes and premisses
in the Bill mencioned soe demised assigned and
sett over to the said Sir Iohn Hubaud knight the
Certentie wherof is altogether unknowne to this
defendaunt for want of the sight of the originall
Lease and the meane Assignmentes thervpon made
which said yearly Rent of seavene and twentie pounds
thirtene shillings ffoure pence this defendant thinketh
ought to be paid yearly a by all and singuler ^euerie the
parties in the Bill mencioned as well the said Complainants
themselves as alsoe all others in the said Bill
of Complaint named to be defendaunts being the
owners and possessors of the said messuages
and Lands Tithes and others the premisses in the
Bill mencioned or of some parte therof after an

[fol. 5]

indifferent rate according to euerie mans severall and
respective parte and porcion in the same And this
defendaunt as for such that it is true that he
holdeth and enioyeth for diuerse yeares yet to Come
as Executor to Thomas Combe Esquier this
defendantes father Late deceassed and vnder the
Title of the said Sir Iohn Hubaud deceassed
as he thinketh ^{taketh it} the moitie or one halfe of the tythe
of Corne and graine arrisang within the towne
Villages and ffeildes of olde Stratford Bishopton
and Welcombe in the Bill mencioned And the
moytie or one halfe of all the tythes of wooll
and Lambe and small and privie Tithes arising
within the parrish of Stretford aforesaid in the
said parrish of St Countie of Warwicke

[fol. 6]

Towardes the dischardg of which said Rent of
twentie seaven pounds thirtene shilling foure
pence this defendaunt doth pay yearly the
somme of ffive pounds for the said Tithes
of Corne graine wooll Lambe and small tythes
before mencioned to be in this defendants possession
And this defendaunt also saith that he likwise
holdeth and enjoyeth vnder the title of the said
Sir Iohn Hubaud as he taketh it the tythes of
Corne graine and hey in Ryen Clifford within
the Parrish of Stretford afforesaid and certeine
Leyes in the said Bill of Complaint mencioned
ffor diuers yeares yet enduring for which said
Tithes of Rien Clifford and Leyes this defendant
is and wilbe readie to pay the yearly ^^the said somme

[fol. 7]

of sixe shillings eight pence for and towards the dischardg
of the said Rent of twentie seaven pounds thirtene
shillinges ffour pence And he thinketh that ^the said
Complaynants are willing to accept of the said
six shilings eight pence for his this defendants parte
And therfore this defendant prayeth that if
he shalbe ordered by this honorable Courte to
Contribute the said somme of sixe shillings eight
pence yearly that Likewise the said Complainants
themselves and all and euerie other the parties
in the Bill named may be also ordered by
this honorable Courte to paye and Contribute
ratablye and indifferently according to theire
and euerie of theire seuerall partes and porcions in

[fol. 8]

the Bill mencioned according to their Respective
estates and Interestes toward towarde the dischardg
and payment yearly of the said Rent of twentie
seaven pounds twelve ^thirtene shilings and ffoure pence
according [to] right Equity and good Conscience
without that that the said Tithes of Ryen
Clifford and Leyes in the Bill mencioned
to be in this defendants possession ^are of the
yearly value of tenn pounds as in the said
Bill is surmysed which matters this defendant
is Readie to prove as this honorable Courte
[here damaged] awarde and prayeth to bee dismissed
[here damaged] this honorable Courte with his Reasonble
[here damaged] in his behalf susteyned
[here damaged]

                                                                              George Bonner
                
 

[fol. 8 verso, endorsed]

old papers of
noe worth