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and fullie to be compleat and ended, withoute impeachment of, or for, any manner of waste: YELDING and paying therefore yearlie during the said terme unto the said William Shakespeare, William Johnson, John Jackson, and John Hemyng, their heires and assignes, a pepper corne at the feast of Easter yearly, yf the same be lawfullie demaunded, and noe more. PROVIDED alwayes, that if the said William Shakespeare, his heires, executors, administrators or assignes, or any of them, doe well and trulie paie or cause to be paid to the said Henry Walker, his executors, administrators, or assignes, the sum of threescore pounds of lawfull money of England, in and upon the nyne and twentieth day of September next coming after the date hereof, at, or in, the nowe dwelling-house of the said Henry Walker, situate and being in the parish of Saint Martyn neer Ludgate, of London, at one entier payment without delaie; That then and from thenesforth this presente lease, demise and graunt, and all and every matter and thing herein conteyned (other then this provisoe) shall cease, determine, and bee utterlie voyde, frustrate, and of none effect, as though the same had never beene had, ne made; theis presents or any thing therein conteyned to the contrary thereof in any wise notwithstanding. And the said William Shakespeare for himselfe, his heires, executors, and administrators, and for every of them, doth covenaunt, promisse and graunt to, and with, the said Henry Walker, his executors, administrators and assignes, and everie of them, by theis presentes, that he the said William Shakespeare, his heires, executors, administrators or assignes, shall and will cleerlie acquite, exonerate and discharge, or from tyme to tyme, and at all tymes
hereafter, well and sufficientlie save and keepe harmless the said Henry Walker, his executors, administrators, and assignes, and every of them, and the said premisses by theis presents demised, and every parcell thereof, with thappurtenaunts, of and from all and al manner of former and other bargaynes, sales, guiftes, graunts, leases, jointures, dowers, intailes, statuts, recognizaunces, judgments, executions; and of, and from, all and every other charge, titles, troubles, and incumbrances whatsoever by the said William Shakespeare, William Johnson, John Jackson, and John Hemyng, or any of them, or by their or any of their meanes, had made, committed or done, before thensealing and delivery of theis presents, or hereafter before the said nyne and twentieth day of September next comming after the date hereof, to bee had, made, committed or done, except the rents and servits to the cheef lord or lords of the fee or fees of the Į remisses, for, or in respect of, his or their segnorie or seignories onlie, to bee due and done.
IN WITNESSE whereof the said parties to theis indentures interchangeablie have sett their seales. Yeoven the day and years first above written, 1612 [1612-13.]
John Heming did not sign, or seal. MALONE.
* i. e. Scrivener. MALONE,
FROM THE ORIGINAL
In the Office of the Prerogative Court of Canterbury.
Vicesimo quinto die Martii, Anno Regni Domini nostri Jacobi nunc Regis Angliæ, &c. decimo quarto, et Scotia quadragesimo nono. Domini 1616.
IN the name of God, Amen. I William Shakspeare of Stratford-upon-Avon, in the county of Warwick, gent. in perfect health and memory, (God be praised!) do make and ordain this my last will and testament in manner and form following; that is to say:
First, I commend my soul into the hands of God my creator, hoping, and assuredly believing, through the only merits of Jesus Christ my Saviour, to be made partaker of life everlasting; and my body to the earth whereof it is made.
Item, I give and bequeath unto my daughter Judith, one hundred and fifty pounds of lawful English money, to be paid unto her in manner and form following; that is to say, one hundred pounds
Our poet's will appears to have been drawn up in February, though not executed till the following month; for February was first written, and afterwards struck out, and March written over it. MALONE.
in discharge of her marriage portion within one year after my decease, with consideration after the rate of two shillings in the pound for so long time as the same shall be unpaid unto her after my decease; and the fifty pounds residue thereof, upon her surrendering of, or giving of such sufficient security as the overseers of this my will shall like of, to surrender or grant, all her estate and right that shall descend or come unto her after my decease, or that she now hath, of, in, or to, one copyhold tenement, with the appurtenances, lying and being in Stratford-upon-Avon aforesaid, in the said county of Warwick, being parcel or holden of the manor of Rowington, unto my daughter Susanna Hall, and her heirs for ever.
Item, I give and bequeath unto my said daughter Judith one hundred and fifty pounds more, if she, or any issue of her body, be living at the end of three years next ensuing the day of the date of this my will, during which time my executors to pay her consideration from my decease according to the rate aforesaid: and if she die within the said term without issue of her body, then my will is, and I do give and bequeath one hundred pounds thereof to my niece Elizabeth Hall, and the fifty pounds to be set forth by my executors during the life of my sister Joan Hart, and the use and profit thereof coming, shall be paid to my said sister Joan, and after her decease the said fifty pounds shall remain amongst the children of my said sister, equally to be divided amongst them; but if
niece Elizabeth Hall was our poet's granddaughter. So, in Othello, Act I. sc. i. Iago says to Brabantio; "You'll have your nephews neigh to you;" meaning his grandchildren. See the note there. MALONE.
said daughter Judith be living at the end of the said three years, or any issue of her body, then my will is, and so I devise and bequeath the said hundred and fifty pounds to be set out by my executors and overseers for the best benefit of her and her issue, and the stock not to be paid unto her so long as she shall be married and covert baron; but my will is, that she shall have the consideration yearly paid unto her during her life, and after her decease the said stock and consideration to be paid to her children, if she have any, and if not, to her executors or assigns, she living the said term after my decease: provided that if such husband as she shall at the end of the said three years be married unto, or at any [time] after, do sufficiently assure unto her, and the issue of her body, lands answerable to the portion by this my will given unto her, and to be adjudged so by my executors and overseers, then my will is, that the said hundred and fifty pounds shall be paid to such husband as shall make such assurance, to his own use.
Item, I give and bequeath unto my said sister Joan twenty pounds, and all my wearing apparel, to be paid and delivered within one year after my decease; and I do will and devise unto her the house, with the appurtenances, in Stratford, wherein she dwelleth, for her natural life, under the yearly rent of twelve-pence.
Item, I give and bequeath unto her three sons, William Hart, Hart, and Michael Hart,
Hart,] It is singular that neither Shakspeare nor any of his family should have recollected the christian name of his nephew, who was born at Stratford but eleven years before the making of his will. His christian name was Thomas; and he was baptized in that town, July 24, 1605, MAlone.