This indenture made the twentyeth day of October, in the yeare of our Lord, according to the accompt in England, one thowsand, six hundred, fifty two ; Betweene John Barnard, of Stratford-upon-Avon, in the county of Warwick, esquier, and Elizabeth his wife, on thone parte ; Henry Smyth, of Stratford-upon-Avon aforesaid, gent. and William ffetherston, of the same towne and county, yeoman, on thother parte, Witnesseth, that it is covenanted, concluded, and agreed by and betweene all the said partyes, and it is theire true intent and meaneing, that the said John Barnard and Elizabeth his wife, shall and will acknowledge and levy, in due forme of lawe, one ffine or ffines, sur conuzance de droit come ceo, que ils ount de lour done, before the Justices of the Court of Comon Plees at Westminster at or before thend of Hillary terme next ensueing, unto the said Henry Smyth and William ffetherstone, and the heires of one of them, with proclamacions according the statute, of all that capitall messuage or tenement with thappurtenaunces scituate and being in Stratford-upon-Avon aforesaid, in the said county of Warwick, comonly called or knowne by the name of the New Place, now in the tenure of the said John Barnard, and all that fower yard / p.317 /
land and a halfe of arrable, meadow, and pasture, with the appurtenaunces, lying and being in the townes, hamletts, villages, feilds, and grounds of Stratford-upon-Avon, Old Stratford, Bishopton, and Welcombe, in the said county of Warwick, heretofore the inheritance of William Shakespeare, gent. grandfather of the said Elizabeth, wife of the said John Barnard, by the name of one messuage, one garden, one orchard, one hundred and seaven acres of land, twenty acres of pasture, and comon of pasture for all manner of cattle, with thappurtenances, in Stratford-upon-Avon, Old Stratford, Bishopton and Welcombe, or by such other name or names, quantitie and number of acres, or other certeintie, as shall be devised. Which ffine, soe to be had and levyed, and the full force and execucion thereof, and the cognisees in the said ffine, and theire heires, shal be had, taken, and construed to be, and enure, to the only uses, intents, and purposes herein expressed and declared ; that is to say, to the use of the said John Barnard and Elizabeth his wife, for and dureing theire naturall lives, and the life of the longest liver of them, and to the heires of the body of the said Elizabeth, lawfully begotten, or to be begotten, and for defaulte of such issue, to the use of such person or persons, and for such estate and estates, as the said Elizabeth, by any writeing, either purporteing her last will, or otherwise, sealed and subscribed in the presence of two or more credible witnesses, shall lymitt and appoint : and from and after such nominacion or appointment, or in defaulte of such nominacion or appointment, to the use and behoofe of the right heires of the survivor of them, the said John and Elizabeth, for ever. In witnes whereof the partyes above named have, to theis present indentures, interchaungeably put their hands and seales, the day and yeare above written.
|| Willm. ffeatherston.|
Sealed and delivered in the presence of|