Shakespeare of Stratford/The Biographical Facts/Fact 63

by Tucker Brooke

Layout 2

 

LXIII. AGREEMENT PROTECTING SHAKESPEARE AGAINST LOSS OF TITHE INCOME BY REASON OF ENCLOSURES AT WELCOMBE (1614).

Contract of William Replingham, legal agent for the Combes, with Shakespeare and his cousin, Thomas Greene, October 28, 1614.

Vicesimo octavo die Octobris, anno Domini 1614. Articles of agreement indented [and] made between Willm. Shackespeare of Stretford in the county of Warwick, gent., on the one party and Willm. Replingham of Great Harborowe in the county of Warwick, gent., on the other party, the day and year abovesaid. Item, the said Willm. Replingham for him, his heirs, executors, and assigns, doth covenant and agree to and with the said Willm. Shackespeare, his heirs and assigns, that he, the said Willm. Replingham, his heirs or assigns, shall upon reasonable request satisfy, content, and make recompense unto him the said Willm. Shackespeare or his assigns for all such loss, detriment, and hinderance as he, the said Willm. Shackespeare, his heirs and assigns, and one Thomas Greene, gent., shall or may be thought in the view and judgment of four indifferent persons, to be indifferently elected by the said Willm. and Willm. and their heirs, and in default of the said Willm. Replingham by the said Willm. Shackespeare or his heirs only, to survey and judge the same to sustain or incur for or in respect of the increasing^[1] of the yearly value of the tithes they, the said Willm. Shackespeare and Thomas, do jointly or severally hold and enjoy in the said fields or any of them by reason of any inclosure or decay of tillage there meant and intended by the said Willm. Replingham; and that the said Willm. Replingham and his heirs shall procure such sufficient security unto the said Willm. Shackespeare and his heirs for the performance of these covenants as shall be devised by learned counsel. In witness whereof the parties abovesaid to these presents interchangeably their hands and seals have put the day and year first above written.

Note. A facsimile of this document is given by Halliwell-Phillipps, Outlines, 7th ed., ii. 38, 39. The object of the agreement was to prevent Shakespeare’s personal opposition to William Combe’s project of enclosing and appropriating the ‘common fields’ of Welcombe. Shakespeare and his cousin, Greene, both had tithe rights in this neighborhood which would be affected by the enclosures. See the next document.

1. So the manuscript: perhaps a slip for ‘decreasing.’