William Combe’s answer to the complaint of Richard Lane, William Shakespeare and Thomas Green that, as holding a leasehold interest in a portion of the Stratford tithes, he should contribute to an annual payment to Henry Barker

BRU 15/10/9

[On one side of eight leaves, the last damaged at the foot]

[fol. 1]

Tothill  Iuratus 13 ffebruary 1610 Mathew Carew

The answere of William Combe one of the defendants
to the Bill of Complaint of Richard
Lane and other Complainants

Dewes 8 februarii 16 1610

The benefact and advauntage of Excepcion to the incertentie
and insufficiencye of the said Bill of Complaint
to this defendant now and at all tymes herafter saved
He the said defendant to soe much of the said Bill
of the said Complaint as anie waies Concerneth himself
saith that he verily beleeveth That Anthonie Barker
Clerke Late warden of the Late dissolued monaster ^Colledg
of Stretford vpon Avon in the Countie of Warwicke
and Giles Coventrye Late subwarden of the
said Colledge and the Chapter of the saide
Colledge in the Bill mencioned were hertofore
seised in their demesne as of ffee as in Right of
the said Colledge of and in diuerse messuages Lands 

[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

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