Shakespeare of Stratford/The Biographical Facts/Fact 51
LI. COMPLAINT OF SHAKESPEARE AND OTHERS TO THE LORD CHANCELLOR REGARDING THE STRATFORD TITHES (1609).[1]
Stratford Corporation Records.
To the Right Honorable Thomas Lord Ellesmere, Lord Chancellor of England. In humble wise complaining shewen unto your honorable good Lordship your daily orators, Richard Lane of Awston in the county of Warwick, Esq., Thomas Greene of Stratford-upon-Avon in the said county of Warwick, Esq., and William Shackspeare of Stratford-upon-Avon aforesaid in the county of Warwick, gentleman . . . [A very elaborate document reciting the intricate history of the lease of Stratford tithes, interests in which are held by some forty different persons besides the three complainants. The entire property is subject to a yearly rent of 27 l. 13 s. 4 d. to John Barker’s assignee, Henry Barker, who will be legally entitled to recover possession if any part of this is unpaid. Shakespeare’s holding—about an eighth of the entire property—is by his deed charged with £5 as his contribution toward Barker’s rent, and the same amount is charged against the other half-portion of Shakespeare’s particular tithes held by the Combe family, and to which Thomas Greene has a reversionary title that will become effective in 1618; but the Combes decline to pay. In the cases of the other three dozen-odd persons concerned no agreement concerning the quota to be paid by each toward Barker’s rent has been arrived at, and certain lawless spirits among them—notably Lord Carewe of Clopton—use their influence to dissuade anyone from paying at all.]
So as your orators their said respective estates and interests of and in their said several premises aforesaid, and the estates of divers of the said parties, which would gladly pay a reasonable part towards the said rent, but do now refuse to join with your said orators in this their said suit for fear of some other of the said parties which do so refuse to contribute, do remain and stand subject to be forfeited by the negligence or wilfulness of divers or any other of the said parties, which many times will pay nothing, whenas your orators Richard Lane and William Shackspeare, and some few others of the said parties, are wholly and against all equity and good conscience usually driven to pay the same for preservation of their estates of and in the parts of the premises belonging unto them; and albeit your said orators have taken great pains and travail in entreating and endeavoring to bring the said parties of their own accords and without suit of law to agree every one to a reasonable contribution toward the same residue of the said rent of xxvij li. xiij s. iiij d., according to the value of such of the premises as they enjoy . . . yet have they refused and denied, and still do refuse and deny, to be persuaded or drawn thereunto. . . . In tender consideration whereof, and for so much as it is against all equity and reason that the estates of some that are willing to pay a reasonable part toward the said residue of the said rent of xxvij li. xiij s. iiij d., having respect to the smallness of the values of the things they do possess, should depend upon the carelessness and frowardness or other practices of others, which will not pay a reasonable part or anything at all toward the same; and for that it is most agreeable to all reason, equity, and good conscience that every person, his executors and assigns, should be ratably charged with a yearly portion toward the said residue of the said rent, according to the yearly benefit he enjoyeth or receiveth; and for that your orators have no means, by the order or course of the common laws of this realm, to enforce or compel any of the said parties to yield any certain contribution toward the same, and so are and still shall be remediless therein unless they may be in that behalf relieved by your Lordship’s gracious clemency and relief to others in such like cases extended. May it therefore please your good Lordship, the premisses considered, and it being also considered that very many poor people’s estates are subject to be overthrown by breach of the condition aforesaid, and thereby do depend upon the negligences, wills or practices of others, and shall continue daily in doubt to be turned out of doors with their wives and families through the practice or wilfulness of such others, to write your honorable letters unto the said Lord Carewe, thereby requiring him to appear in the High Court of Chancery to answer to the premisses, and to grant unto your said orators his Majesty’s most gracious writs of subpoena to be directed unto the said Sir Edward Greville, Sir Edward Conway, and other the said parties before named, and to the said Henry Barber . . . thereby commanding them and every of them at a certain day and under a certain pain therein to be limited to be and personally appear before your good Lordship in his Highness’ most honorable Court of Chancery, fully, perfectly, and directly to answer to all and every the premisses, and to set forth the several yearly values of the several premises so by them enjoyed, and to show good cause why a commission should not be awarded forth of the said most honorable court for the examining of witnesses to the several values aforesaid, and for the assessing, taxing and rating thereof, that thereupon it may appear how much every of the said parties . . . ought in reason proportionably to pay for the same towards the said residue of the said yearly rent of xxvij li. xiij s. iiij d. . . .
Endorsed: Lane, Greene et Shakspeare contra W. Combe et alios respondentes.
Note. This paper bears no date and is variously ascribed to the years between 1609 and 1612, but internal evidence indicates, I think, that it was drawn up between January and March, 1609. The document presents Shakespeare not only in a shrewd and foresighted, but also in a courageous and public-spirited attitude. There is little doubt that the tyrants of his native fields whom he was withstanding yielded and that an arrangement fairer to the poet and his associates was arrived at. There is an answer to the complaint by William Combe, one of the defendants, which is in conciliatory tone. He asserts that he does pay five pounds yearly as his share of the common rent on his moiety of the Old Stratford, Bishopton, and Welcombe tithes, and offers to pay 6 s. 8 d. for certain other tithes he holds, which he thinks the Complainants are willing to accept. He asks that if the court orders him to pay this further sum, the other parties mentioned in the complaint shall be required to contribute ratably to Barker’s rent.
- ↑ See ‘Shakespeare’s Moiety of the Stratford Tithes,’ Modern Language Notes, Dec., 1925.