Thomasyn Symonds, of St Mildred's Bread Street in London, had inherited the freehold of the Little Rose property on Bankside upon the death of her husband, Ralph Symonds, fishmonger, and it seems clear that she intended to bequeath the property in perpetuity to the charitable uses of her parish. But an ancient statute, the Statute of Mortmain, erected barriers to such an intention. If one wished to leave property to the Church – and leaving it to a parish meant leaving it to the Church – one could not do that directly because the Statute of Mortmain prohibited it.
'Mortmain' is the term commonly used to describe property held in perpetuity by any entity, but most commonly by the Church. Because the entity never dies such property is exempt from inheritance, with its attendant taxes and death duties. Property held in mortmain thus represented a lost revenue stream to the Crown, and Edward I hoped to end the practice with his statute. But his statute addressed only Church property, and clever persons soon realized that property could be held in perpetuity by trustees, or feoffees, as easily as by the Church.
So on 3 December 1552 Thomasyn Symonds conveyed to eighteen named persons, whom she described in the deed of transfer as her 'feoffees,' the 'mesuage or tenement called the little Roose with two gardeyns to the same adioyning.' The property was devised to 'my said feoffes aforenamed & their heires foreuer.' And on 22 December 1552, only three weeks after the enrolling of this deed of gift, Thomasyn’s attorney Peter Baker affirmed that he had taken 'full & peaseble possession state & season' of the Little Rose property and that he 'did giue & deliuer the same peasible possession state & season to theise persons hereafter named being the most part of the feoffes' named in the deed.
The documents tell us that some of the feoffees, perhaps the bulk of them, were parishioners of St Mildred's, some of them perhaps churchwardens. But the records of the parish do not survive from before the middle of the seventeenth century, so there is no way to resolve this issue. All we know is that these eighteen men were charged to use the income from the property to perform certain charitable acts. Should those charitable acts align with the desires of the parish of St Mildred, so much the better.
The feoffees’ initial use of the Little Rose property was to lease it to tenants and collect the rent. In 1574 the feoffees leased the property for thirty-one years (or until 1605) to William Griffen, for £7 per year, and Griffen soon sold the lease to Robert Withens, who in turn sold the lease, in 1584/5, to Philip Henslowe, who – with twenty years left on the lease – built a playhouse on the property, and continued to pay the annual rent of £7 per year. It seemed clear to Henslowe that the rent he paid went to the parish of St Mildred, though he must have paid it to the feoffees or their agents as specified in the deed. Such blurring of the presumed and the actual was perhaps not uncommon in the period. When the lease expired in 1605, Henslowe declined to renew it, perhaps because the new rent would rise to £20 per year, plus 100 marks for upkeep.
The Little Rose reverted to the feoffees, who did not immediately find another person wishing to lease the property. In 1606 the presentment jurors of the Surrey and Kent Commissions of Sewers – who had regularly fined Henslowe for non-maintenance of the sewer in front of the Rose playhouse – reported to the commission at its session on 14 February and again on 26 April that 'Edward Box of Bredstreete in London' – perhaps the son, and therefore the 'heir' ('& their heires foreuer'), of William Box, one of the original feoffees from a half century earlier – was now the person charged with repairing 'the sewar by the Late Playhouse in Maidelane called the Rose.' Box, like Henslowe before him, failed to make the repairs and on 27 October 1606 he too was fined.
ff 181v–2v (17 September; proved 8 May 1555)
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In the name of god Amen The xvijth daie of the moneth of September in the yere of our Lorde god a Thousand fyve hundreth fiftie and one And in the fyveth yere of the Reigne of our Soueraigne Lorde Edward the Sixte by the grace of god kinge of England ffraunce and Ireland defendor of the faithe I Thomasyn Symondes of London widowe late the wief and Executrix of the testament and Last will of Rauff Symondes Late Citizen and ffishemonger of London deceased/ being of hole mynde and in good and parfytt Remembraunce Lawde and prayse be vnto god/ make and ordeyne this my presente testament conteyning herein my last will in maner and forme folowing that is to saye/ ffirst and principally I commende my soule vnto Almightie Iesu my maker and redemer in whome and by the merites of whose blessed passion is my full hope and clere remission and forgivenes of my synnes and my bodye to be buryed before the Aulter of our Ladye within the parishe churche of seynt Mildred in Bredestrete in London as nighe vnto the grave ther where the bodye of my saide Late husbande Lyeth buryed as maye conveniently be/. Item I will that my exeques shalbe done in honest wise according to the discretions of myn Executours hereafter named/. Item I giue and bequeathe to euery of xij of ther be so maney within the said paryshe) And yf there by not so maney poore men and women within the said parishe/ then I will that my said Executors shall chuse oute so maney pour men and women whiche shalbe dwelling at the tyme of my decease within the parishe of Colde Abbey as shall accomplishe the said nomber/ A gowne of Russett or some other Cullour as myne Executors shall thinke good of viij s. every yarde and xij d. in money apece/ And I will that myne Executours on the daye of my buryall and foure Sondaies after shall cause a Sermonde to be made within the said Churche by an honest Lernyd man/ whiche shall haue for his paynes for euery Sermonde vj s. viij d./. Item I will that my body shalbe borne to the buryall by Sixe yonge men of the felowshipp of fishemongers being oute of the lyverie and euery of them to haue for his Labor in that behalf vj s. viij d./. Item I bequeath to euery of my god daughters bearing my name xiij s. iiij d./. Item I bequeath towardes the reparacions of highnoyous wayes abowte London fourtie poundes to be provyded of suche debte as my Nephewe Richard Whalley owithe vnto me/. Item I bequeathe to Richard Whalley myne Apprentice xl s. to be delyuered vnto hym at thexperacon of hys said terme of Apprenticehoode/. Item I bequeathe to willyam Sherwoode myne Apprentice xv s. to be delyuered vnto hym at thexpiracion of his termes of Apprenticehood/. Item I bequeathe to Iohn Ashehurst Tenne poundes and a blacke Cote/. Item I bequeath to his brother Thomas Ashehurste Tenne poundes/ Item I bequeathe to Iohane Iames widowe xls/. Item I giue to my Cosyns Henry Copinger of bucksall in the Countie of Suff esquier and Iohn Gee Citizen and fishemonger of London all my lease right title Interest and terme of yeres that I haue or ought to have to of and in all that Tenement Shoppes or Cellers Sollers and all other appurtenances sett and being in the parishe of seynt Nicholas Oliffe in olde ffyshestrete of London, the whiche I haue by vertue of the lease and graunte of the Late prior and Covent of Christes churche within Algate of London made vnto my said Late husband for the terme of certeyn yeres yet vnexpired and not fully completed and past vpon Condicion and to the intent that the said Henry Copynger and Iohn Gee their Executours or assignes of the rentes revenues and profittes coming and growing of the said Tenement and all other the premisses in the said parishe of seynt Nicholis Oluffe/ shall yerely euery yere during as many yeres as at the tyme of my decease shalbe for to come of the said terme of yeres mencioned in the said Lease/ Provide and bye fyve Carte Lodes of good Charre Coles accompting Thirtie quarters or Sackes to euery lode of them/ And all and euery the said fyve Loodes | of Cooles so prouided and bought shall give deale and distribute in maner and forme folowing (that is to saye) in the vigill or even of the feast of all Seyntes yerely one loode of the said Cooles to and amoungest the poore householders enhabitinge within the parishe of Seynt Myldredes aforesaide And another loade of the saide Cooles to and amongest the poore householders being fremen or seruauntes and householders of the felowshippe of fyshemongers/ & enhabiting within the parishe of seynt Nicholas Colde abbey Seynt Nicholas Oluff and Marye Magdaleyn in Olde ffishestrete of London/ And lyke on the vigill or even of the fifte sondaie in Lent comonly called passion sondaye/ two other Lodes of the saide Coles amongest the said poore householders in maner and forme above specified/ And I will & my mynde and entente ys that thother Last Lode of the said fyve Loudes of Cooles shalbe distributed yerely by the discrecion of myne Executours hereafter named ouer the vigill of the berthe of our Lorde Iesus Christ comonly called christes even To and amongest the poore householders and poore people dwelling in howndsdiche withoute bisshoppes gate and elles where within the parishe of St botholph and white chappell parishe or there abowtes/. Item I will that myn executors on the daye of my buryall shall dispose and distribute to and amongest euery of the porest householders within the parishe of seynt Mildred aforesaid ij s./. Item I will that they shall dystribute to and amongest the poor householders in the warde of Bredstrete over and besides the said parishe of sainte Myldred on the daye of my buryall eight poundes sterlinges/. Item I bequeathe to my goddoughter Thomasyn Smythe the doughter of Iohn Smythe of skynner fyve poundes/ to be delyuered to her when she shall come to the Age of xviij yeres or els to be maried/ and if the said Thomasyn Smythe decease before she come to her said Age and before that tyme be not maryed Then I will the said fyve poundes shalbre Distributed to and amongest thother Children of the said Iohn Smythe then lyving/. Item I will that my Executours with parcell of my said Nephews debte (so owinge to me) shall distribute the some of twentie poundes at their discretion. to and amongest the Kynsfolkes of my said late husbonde Rauf Symondes being of the name of Symondes/. Item I will that my Executours with parcell of my said Nephewes debte so owing to me shall paye to the wardens & felowshippe of fisshemongers for a recreacion amonge them that shall come in their lyveries to myne Exeques and buryall Ten poundes Item I will that myne Executours or there assignes shall paye and delyuer to Thomasyn Boycoose yerely euery yere next ensuyng after my decease towardes her fynding and kepinge twentie shillinges during the lief Naturall of the said Thomasyn Boycoose/ and the same xx s. to be paide quarterly to her fyve shillinges/. Item I will that myne Executours with parcell of my said Nephewes debte so owing to me shall distribute quarterly euery quarter of the yere next after my decease fyve shillinges to and amongest the poore folke enhabiting within the parishe of Ore and Luddenham in ye Countie of Kent vntill the some of Sixe poundes shalbe so distributed And lykewise to the poore folke within the parishe Church of Devington within the said Countie of Kent ij s. vj d. quarterly vntill Twentie shillinges shalbe so bestowed Item I bequeathe to Anne Massingbarde Twentie poundes/ and Elizabeth Wilkyns fourtie poundes summa threscore pounds to be taken and receyved of the said debte owing to me by my said Nephewe Richard Whalley/ And my will is that yf it shall fortune any of the said Ann Massingbarde or Elizabeth Wilkyns to decease before the recept of the said lx li. Then the Survivour of them to enioie asmoche of the said lx li. as shall fortune to be behynde vpaide at the tyme of the decease of the other/. And I will and my mynde and entent ys/ that the residue of suche debte as my said Nephewe Richard Whalley owith to me shalbe bestowed by the discrecion of myne Executours quarterly euery quarter of the yere next ensuyng after my decease to and Amongest the mariages of poore maydens and the poore prisoners in Newgate Ludgate the kinges benche marshalsee and the two Counters in London/ and to the poore folkes enhabiting within the ward of bredstrete the some of foure poundes vitill the said residue shalbe so distributyd withoute fraude or delaye/. Item I bequeathe to willyam leeke my seruaunte three poundes and agowne of viij s. euery yarde/ And to Iames Whalley xl s./ and a Coote of viij s. euery yarde/. Item to Elizabeth my mayde foure poundes and agowne of viij s. euery yarde/. And to Margaret her sister xl s. and agowne of viij s. euery yarde/. Item I bequeath to Robert Newman my seruaunt/ And to Simonde my seruaunte xl s./. Item I bequeathe to Katheryn my mayde seruaunte xl s./ And to Annes Coke my mayden seruaunte xl s./. Item where my Cosyn willyam Asshehurste is indebted and dothe owe vnto me the some of fourtie poundes of Laufull money of England/ I nowe do bequeathe to either of Iohn Asshehurste and William Asshehurste his sonnes tenne poundes Sum xx li. being the moytie of the said some of fourtie poundes So that the said willyam Ashehurste within two Monethes next after my decease shalbe bounde by obligacion sufficient in the Lawe to myne Executours for the suer payment of the said some of twentie poundes to his said sonnes when they shall Accomplishe their Laufull ages of xxj yeres/. Item I bequeathe to either of the said Iohn Gee and his wief a blacke gowne of xvj s. euery yarde/. Item to my Cosyn Henry Copynger and his wief a black gowne of xvj s. euery yarde/. Item I bequeathe to either of Iohn Peirs and his wief a black gowne of xvj s. euery yarde/. Item I bequeathe to either of henry Blower and his wief a gowne of xvj s. a yarde/ The residue of all my goodes Cattalles and debtes after my debtes paide my funerall expenses performyd and this my legacies conteyned in this my presente testament fulfillyd I will shalbe distributed to and amongest the poore people/ Amending of highnoyous wayes poore maydens mariages and in and about such other dedes of Charitie at the discrecion of myn Executours/ And of this my presente testament and Last will I make and ordeyne my said Cosyn Henry Copynger and the said Iohn Gee myne Executours requyring them to see this my presente testament and Last will performyd as they shall aunswere afore god in the worlde to come/ And I will that eyther of them shall haue for their paynes takinge in this behalf Twentie poundes summa xl li./ And thexecution of this my presente testament and Last will I make ordeyne and name Robert Broke of London Esquier myne Overseer to the whiche for his paynes herein to be taken I give Twentie poundes and a blacke gowne of xvj s. every yarde/ And I vtterlie revoke and adnull all and euery former testamentes willes Legacies bequestes Executours and overseers by me in any wise before this tyme made Namyd willed and Bequeathed/ And I will that this my presente testament shall stande remayn and abyde for my very testament and last will together with all Legacies bequestes and Executours by me herein made namyd willed appoynted or bequeathed and none otherwise/ In witnes whereof to this my presente testament and Last will I the said Thomasyn Symondes haue sett my Seale the daye and yere above wrytten/ Thes persones hereafter namyd by me specially required to testifie the same (that is to wite) Teste me Roberte Broke manu propria/ by me Richard Newe & william Leke/ by me Iohn Peirs/ per me henry blower waxchandler/ Teste me Anthonio
Bonde scriptore
Provided alwayes and my mynde and will is that all my legacies gyftes and bequestes within | named gevyn and bequeathed shalbe paide performyd and fulfilled with suche somes of money as to me are due and owing by my Cosyn Richard Whalley/ And yf the said somes of money so owing by the said Richard Whalley cannot be recouered then all the same Legacies giftes and bequestes in this my presente testament conteyned shalbe vtterly voide frustrate and adnychilated foreuer to all intentes and purposes any thinge herein mencioned or specified to the contrarie in any wise not with standing/ witnesseth me Andrewe Crowne william Leke By me Richard Newman witnes by me Symond Leake/ Teste me Walterus Andrews seruiente Anthonij Bonde
Scriptoris
Probatum fuit testamentum apud London coram decano et Capitulo ecclesie Metropolitice Christi Cantuariensis Sede Archiepiscopali ibidem Iam vacante/ Octauo die mensis Maij Anno domini Millesimo quingentesimo quinqua quinto/ Iuramento Executorum in huiusmodi testamento nominatorum Quibus commissa fuit admistracio omnium bonorum &c dicti defuncti prefatis Executoribus De bene &c Ac de pleno Inuentario &c exhibendo Ad sancta dei Euangelia Iuratis
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ff 181v–2v (17 September; proved 8 May 1555)
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(English) With me as witness Walter Andrews, servant of Anthony Bonde, notary.
The testament was proved in London before the dean and chapter of the Metropolitan Church of Christ of Canterbury, the archiepiscopal seat there now being vacant, on the eighth day of the month of May in the year 1555 by the oath of the executors in the same testament named, to whom administration was granted of all the goods, etc, of the said deceased to the forenamed executors, sworn on the Holy Gospels to well, etc (ie, well and faithfully administer the same), and to exhibit a full inventory.
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The meaning of ‘highnoyous’ is not entirely clear, though the bequest for 'the reparacions of highnoyous wayes abowte London' and its repetition further down as 'amending of highnoyous wayes' suggests that 'highnoyous wayes' should be understood as one phrase, and that highways were intended. Bequests for mending of highways were not uncommon in the period; see, for example, the section on ‘Charitable Donations to Infrastructure’ in Susan E. James, Women’s Voices in Tudor Wills, 1485–1603: Authority, Influence and Material Culture (London and New York, 2016), 55–8, or B. Kirkman Gray, A History of English Philanthropy, from the Dissolution of the Monasteries to the Taking of the First Census (London, 1905), 20–1, for numerous instances. The vestry of the parish of St Saviour appointed each year two of its members to be surveyors of highways and collections were taken regularly for mending and repairing the highways of the parish. Shakespeare knew it happened; in The Merchant of Venice, Graziano says ‘Why, this is like the mending of highways / In summer where the ways are fair enough!’ (The Oxford Shakespeare: The Complete Works, Stanley Wells et al (eds), 2nd ed (Oxford, 2005), 5.1.263–4. But the word is peculiar and its repetition in the will suggests it was not a scribal error.
Record title: Will of Thomasyn Symonds
Repository:
TNA
Shelfmark: PROB 11/37/319
Repository location: Kew
1554–6; English and Latin; parchment with modern paper flyleaves; i + 310 + i; 415mm x 360mm; stamped foliation, occasionally supplemented in pencil, 1–161, 161A, 162–309 (ff 106–8, 275 blank), supersedes older pencil numbering system; display script and ornate initials throughout; good condition; bound in brown cloth with brass edges and corners top and bottom, 2 dark brown leather straps around the spine and leather buckle at the opposite edge, buff suede spine with remains of fragmentary leather title in gold letters: '<.>ORE | <..>37.'
mb 13 (3 December)
To all Christian people to whome this present Writing triparted indented shall come Thomasyn Symonds of london widowe late the wife of Rauf Symondes late citizen & fysshemonger of london deceased sendith greating in our lord god euerlasting knowe ye me the said Thomasyn to haue giuen graunted & consigned & by theise presents do give graunt & confirme vnto Rauf Iohnson of Raynham in the County of Kent gent William Payne of Chartham in the said County of kent gentilman William hustwaite pewterer Ambrose Nicolas Salter Robert Soole Salter Thomas Brian grocer Iohn Peers fysshemonger William Box grocer Thomas Bynes ffyshemonger henry Edwardes Shomaker Thomas Pekens Grocer Iohn Welton Tayllour Robert Sprignaille barbour surgeon Iohn Gee fysshemonger Richard Whalley henry Blower waxchandler Rauf Barton Goldsmyth & Thomas hall Salter all that my mesuage or tenement called the little Roose with two gardeyns to the same adioyning sett lying & being in the parish late called seynt margarettes in Southwark in the County of Surrey & now being the parish of seynt Savyour in Southwarke aforesaid And also all my houses shoppes cellers Sollers Chambers entries gardeyns pondes easiamentes land soile & hereditamentes whatsoeuer with their appurtenances in the parish of seynt Savyour in Southwarke aforesaid to the said mesuag or tenement belonging or in anny wise apperteyning To have & to hold all the said mesuage or tenement & all other the premysses with their appurtenances vnto the said Rauf Iohnson William Payne William hustwayte Ambrose Nicolas Robert Soole Thomas Bryan Iohn Peers William Box Thomas Bynes henry Edwardes Thomas Pekens Iohn Welton Robert Sprignaille Iohn Gee Richard Whalley henry Blower Rauff Barton & Thomas hall & their heires foreuer to thuse of me the said Thomasyn Symondes & myne assignes during my lyef naturall without ympechement of wast And after my decease to thuse of my said feoffes aforenamed & their heires foreuer vpon condicion that the said persons feoffes aforenamed their heires & assignes shall doo & performe theise thinges folowing that is to say that the same feoffes or the Churchewardens of the parisshe Churche of seynt mildred in Bredstrete of london and their Successours or theires or assignes of the said feoffes or som of them shall do foreuermore yerelie euery yere giue & distribute in almes of the rentes reuenuews issues & profittes comyng & growing of the foresaid premysses to & amongest the poore people being householders & parisheners of the parish of seynt mildred aforesaid for the tyme being in whatsoeuer warde or wardes within the precynct of the same parishe that the said poore parisheners do or shall inhabit fortie shillinges of laufull money of England in manner & forme folowing that is to say the sonday alwayes next folowing the viijth day of September tenne shillinges the sonday next folowing the eight day of December ten shillinges the sonday alwayes following the eight day of marche tenne shillinges And the sonday always next folowing the eight day of Iuyn other tenne shillinges And also that the said feoffes their heires or assignes or the Churchewardens aforesaid their successours or assignes shall also giue & distribute of the reuenuewes issues & profittes of the premisses yerely euery yere for euermore fyftie eight shillinges & foure pence of laufull money of England in manner & forme folowing that is to say to one of the porest fyshemongers inhabiting in Oldffysshestrete of london for the tyme being without fraude or covyn twentie shillinges by & at the Rate of fyve shillinges euery quarter in the yere yerely foreuer & to Iohan Iames my seruaunt yerely during her lyef twentie shillinges by & at the rate of fyve shillinges euery quarter And after the decease of the saide Iohan Iames then the said xx s. fromthensfourth to be giuen & paid yerely euery yere foreuer by them or some of them to one other of the poorest fysshemongers inhabiting in old fysshestrete aforesaid by fyve shillinges in euery quarter without fraude & couyn And also to giue & pay yerely euery yere sixtene shillinges & foure pence out of the said fyftie eight shillinges & foure pence after my decease to thuse of the pore in christes hospitall somtyme called the Graye fryers of london foreuer And also that the Churchewardens of the parish aforesaid shall foreuer haue yerely euery yere for their paynes & travailes in the premises two shillinges out of the reuuenuewes issues rentes & profittes aforesaid And also that when & as often as the saide feoffes shall decease to the nombre of foure that then the said foure Survivours or the last survivour of them or the heire or heires of suche Survivour shall make a newe feoffament to an other like nomber for & to thintentes aforesaid And that yf the yerely rent of foure pound eightene shillinges & foure pence be not well & truly giuen & distributed yerely euery yere in suche manner & forme as I haue aboue declared as nere as the same may be done according to this my entent & deuise That then it shalbe leefull to the right heyres of me the said Thomasyn Symondes unto the said mesuage & tenement & all other the premysses abouespecified holy to reenter and the same fromthenssfourth to haue hold possede occupie & enioy to their owne propre vse & behouf foreuer any thinge aboue rehersed to the contrarie notwithstandinge In witnes whereof to euery parte of this my present writing trypartite Indented I the said Thomasyn Symondes haue sett my seale yeoven the thirde day of December in the sixt yere of the reigne of our soueraigne lord Edward the sixt by the grace of god king of England ffraunce & Ireland defendour of the faith & in earth of the Churche of England and Ireland the supreme hedd
memorandum that Peter Baker of london Scryvener attorney of the withinnamed Thomasyn Symonds on the xxijth day of the moneth of December in the yere within written by force & virtue of a certeyn lettre of Attorney to him thereof made by the same Thomasyn Symondes entred into the mesuage or tenement caled the little Rose & other the premysses within written & full & peaseble possession state & season thereof for her & in her name did take and ymediatly after possession & season so thereof taken did giue & deliuer the same peasible possession state & season to theise persons hereafter named being the most parte of the feoffes withinnamed that is to say William hustwaite Ambrose Nicholas Robert Sole Thomas Bryan Iohn Peers Thomas Bynes henry Edwardes Thomas Pekyns Iohn Welton Robert Sprignaille Iohn Gee henry Blower Rauf Barton & Thomas hall To haue & to hold to them & ther hares for euer vnto such vses purposes & intentes as within this present dede is mencioned & declared in the presens of Peter houyng Richard lucas William Elsham Thomas Arland fyshemongers Richard Paggynton Salter Iohn Deane Clothworker & Iohn Wynd waterman 1 other
memorandum quod predicto tercio die Decembris anno supradicto venit predicta Thomasyn Symondes coram dicto domino rege in Cancellaria sua & recognovit Scriptum predictum ac omnia & singula in eodem contenta & specificata in forma suprascripta
Be it knowen vnto all men by theise presentes that I Thomasyn Symondes of london widow late the wief of Rauf Symondes late citizen & fysshemonger of london deceased haue assigned made ordened deputed & in my place by theise presentes haue putt & constituted my welbelouid in Christ Peter Baker of london Scryvener my trew & laufull Attorney to enter for me & in my name into all that mesuage or tenement called the littell Roose with two Gardeyns to the same adioining sett & being in the parishe late callid seynt margarettes in Southwarke in the County of Surrey & nowe being the parishe of seynte Savyour in Southwarke aforesaide And also of & in all houses shops Cellers Sollers Chambers entries Gardeyns pondes easiamentes & soyle & hereditamentes whatsoeuer with their appurtenances to the said messuage or tenement belonging or in annywise apperteyning & full & peasible possession & season thereof for me & in my name to take And after possession & season so thereof had & taken then to giue & deliuer for me & in my name full & peasible possession & season thereof & of euery parcell thereof to Rauf Iohnson of Raynham in the Countie of kent gentilman William Payne of Chartham in the same County gentilman William hustwaite pewterer Ambrose Nicolas Salter Robert Sole Salter Thomas Bryan Grocer Iohn Peers fysshemonger William Box grocer Thomas Bynes ffyshemonger henry Edwardes Showmaker Thomas Pekens Grocer Iohn Welton Tayllour Robert Sprignaille Barbour Surgean Iohn Gee fysshemonger Richard Whalley henry Blower waxchaundeler Rauf Barton Goldsmyth & Thomas hall Salter or to any of them or their certeyn Attorney To haue & to hold to them & their heires according to the tenour of a certeyn dede tripartite indentid to them thereof by me made & graunted bearing date the thirde day of this present moneth of December & to suche vses and intentes as in the same writing tripartite indented is lymitted holding firme & stable all that & asmuche as my said Attorney for me & in my name shall doo in & about the premysses by theise presentes In witnesse whereof to theise presentes I the said Thomasyn Symondes haue sett my seale yoven the xxijth day of December in the sixt yere of the reigne of our soueraigne lord Edward the Sixte by the grace of god king of England ffraunce & Ireland defendour of the faith & in earth of the Churche of England & Ireland the supreme heed
memorandum quod predicto xxti die Decembris anno supradicto venit predicta Thomasin Symondes coram dicto domino Rege in cancellaria sua & recognovit scriptum predictum ac omnia & singula in eadem contenta & specificata in forma suprascripta
Scriptum inter
Symonds vidua et Iohnson &
aliis
[Footnote: Scriptum … aliis: 'Writing between widow Symonds and Johnson and others']
littera
attornata inter partes predictas[Footnote: littera … predictas: 'letter of attorney between the aforesaid parties']
Record title: Thomasyn Symonds' Deed of the Little Rose Property to Eighteen
Trustees
Repository:
TNA
Shelfmark: C54/482
Repository location: Kew
1552; English and Latin; parchment; 260mm wide x variable length (mb 13: 600mm); 50 membranes; numbered 1–49 in ink on dorse; generally good condition, some repairs, mbs 9, 32, and 33 each have 1 small hole, mb 17 has 1 large hole, mbs 49–50 badly stained; Latin display script; sewn sequentially, mb 50 serves as the cover, titled 'Quinta pars Claus de anno Regni Regis | Edwardi Sexti Sexto.' Stored in a box with C54/483 and 484.
single mb (20 November)
This indenture made the Twentith daie of November in the seavententh yere of the reigne of our soverraigne Ladie Elizabeth by the grace of god Quene of Englande ffraunce and Ireland Defendour of the ffaithe &c Betwene Ambrose Nicholas William Boxe Aldermen Robert Sowle Thomas Hall salters Iohn Peers Henry Blower thelder Thomas Bryane and Iohn welton parishioners of the parishe of Sainct mildred in Breadstreate of London on thone partie And William Gryffyn citizen and Veintener of London on thother partie witnessethe That whereas Thomasyn Symondes late of London wydowe late wief of Raphe Symondes late citizen and ffyshemonger of London deceassed by her wrytinge or Deede tripartited Indented bearinge date the Thirde daie of December in the sixte yere of the reigne of our late soverraigne Lorde of ffamous memory kinge Edwarde the sixte knowledged and inrolled in the Quenes maiesties high courte of Chauncery Did geve graunt and confirme vnto the saide Ambrose Nicholas William Boxe Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryan and Iohn welton All that her messuage or Tenement then called the litle Roose with two gardens to the same adioyninge sett lyinge and being in the parishe late called sainct Margaretes in Southwork in the Countie of Surrey and then and nowe being in the parishe of Sainct Saviour in Southwork aforesaide And also all her howses shoppes Cellers sollers Chambers Entryes gardens poundes Easmentes Lande soyle and heredytamentes whatsoever with their appurtenances in the parishe of Sainct Saviour in Southwork aforesaide to the said messuage or Tenement belonginge or in any wise appertayninge To haue and to holde the said messuage or Tenemente and all other the premisses with their appurtenances vnto the saide Ambrose Nicholas William Boxe Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryane and Iohn Welton and their heires forever as by the saide Dede tripartited indented and the Inrolment thereof more fullie and at large doth and will appere This indenture nowe ffurther witnesseth That the said Ambrose Nicholas William Box Robert Sowle Thomas Hall Iohn Pers Henry Blower Thomas Bryan and Iohn Welton ffor dyvers good causes and Consideracions them movinge Haue with one assent and Consent demised graunted betaken and ferme lett and by theis presens Doe demise graunt and to fferme lett vnto the saide William Gryffyn All the saide messuage or Tenement with the saide Two gardens to the same adioyninge set lyinge and beinge in the parishe of Sainct Saviour in Southwork aforesaide And also all their howses shoppes Cellers sollers Chambers Entryes gardens pondes Lande soile proffites Comodyties and heredytamentes whatsoever with their appurtenances in the parishe of St Saviour aforesaide to the saide messuage or Tenement belonginge or in any wise apperteyninge To haue and to holde the saide Messuage or Tenemente gardens shoppes Cellers sollers Chambers proffites Comodyties and heredytamentes and all other the premisses with their appurtenances to the said William Gryffyn his Executors Adminystrators and Assignes ffrom the ffeast of Sainct Michaell tharchaungell last paste before the date hereof vnto the ende and terme and for the terme of Thirtie and one Yeres ffrom thence next ensewinge and fullie to be Complete and ended yelding and payinge therefore yerely duringe the saide terme vnto the saide Ambrose Nicholas William Box Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryan and Iohn Welton their heires or Assignes or any of them or to the Churchwardens of the said parishe Church of Sainct Mildred for the tyme beinge Seaven poundes of lawfull money of Englande Att ffower ffeastes or termes in the yere that is to say At the ffeaste of the byrth of our Lorde god Thannunciacion of our ladye Sainct marye the virgin the Nativetie of Sainct John baptiste and Sainct michaell tharchangell or within sixe weekes next after everie of the same ffeastes by even and equall porcions And yf yt happen the saide yerelie rent of Seaven poundes to be behinde vnpaide in parte or in all over or after any ffeast day of payment thereof aforesaide in which it ought to be paide by the space of Sixe weekes and the same Lawfullie Demaunded, and not att eny tyme before such demaunde by the saide William Gryffyn his executors or Assignes tendered or offered to be paid to the saide Ambrose Nicholas William Box Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryane and Iohn Welton nor to any of them their heires or assignes That then or at any tyme after yt shalbe lawfull to and for the saide Ambrose Nicholas William Boxe Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryan and Iohn Welton their heires or Assignes or any of them into the saide messuage or Tenemente and other the premisses by theis presentes demised or into any parte or parcell thereof for the whole wholie to reenter and the same to haue againe retaine and repossede As in their or any of their former estate or estates And the said William Gryffyn his executors administrators and Assignes and every of them thereof and therefrom vtterlie to expell put out and amove This present Indenture or lease or any thinge therein Conteined to be Construed to the Contrary in any wise notwithstandinge And the sayed William Gryffyn for him his executors and administrators Covenanteth promiseth and graunteth to and with the saide Ambrose Nicholas William Boxe Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryan and Iohn Welton their heires and Assignes by theis presentes in manner and forme folowinge that is to saye That yt shalbe Lawfull to and for the saide Ambrose Nicholas William Box Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryan and Iohn Welton their heires and assignes and every or any of them Att two reasonable and Convenient tymes in every yere yerely Duringe the saide terme at his and their pleasures to enter into the said messuage or tenementes Shoppes Chambers and all other the premisses by theis presentes Demised or into any parte or parcell thereof to search and see the estate of the reparacions of the same And in case the said Ambrose William Roberte Thomas Iohn Henry Thomas Bryan and Iohn Welton their heires or assignes at any such entry made into the said messuage or Tenemente as afore saide duringe the saide terme fortune to fynde any default or lack of reparacions Clensinge or pavinge in eny the premisses, Then yt shalbe lawfull to the saide Ambrose Nicholas William Box Robert Sowle Thomas Hall Iohn Peeres Henry Blower Thomas Bryan and Iohn Welton their heires and Assignes to geve notyce and knowledge thereof vnto the said William Gryffyn his executors and Assignes or the dwellers or inhabitantes within the saide Messuage or Tenement to repaire amende Clense and pave the same within sixe monethes And the saide William Gryffyn for him his executors Administrators and Assignes Covenanteth promiseth and graunteth to and with the said Ambrose Nycholas Willyam Box Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryan and Iohn Welton and every of them their heires and Assignes by theis presentes well and sufficiently to repaire amende Clense and pave the premisses soe decayed vnclensed and vnrepaired from tyme to tyme within Sixe monethes next after any such monicion and warnynge thereof to the said William Gryffyn his executors and Assignes geven as aforesaid duringe the saide terme And the saide Ambrose Nicholas William Box Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Bryan and Iohn Welton and every of them for them their heires executors administrators and Assignes Covenante promise and grant to and with the saide William Gryffyn his executors administrators and Assignes and every of them by theis presentes That the said Willyam Gryffyn his executors admynystrators and Assignes ffor the saide yerelie rent of Seaven poundes to be paid in manner and forme afore rehersed and vnder the Covenantes grauntes artycles and agreamentes in theis presente Indentures Conteined shall and may from hensfurth peaceably and quietly haue holde occupie and enioy the said messuage or Tenement and all other the premisses with thappurtenances Duringe the saide terme of Thirtie and one yeres without any lett trouble Interrupcion Disturbance or other ympedyment whatsoever of the said Ambrose Nicholas William Box Robert Sowlle Thomas Hall John Peers Henry Blower Thomas Bryan and Iohn Welton or any of them their heires executors administrators or Assignes or any other person or persons by their or any of their meanes assent Title or procurement In witnes whereof the partyes aforesaid to theis presente Indentures interchangeably haue sett their seales yoven the day and yere ffirst aboue writton
(signed) Ambrose Nicholas
(signed) William
Box
(signed) by me Robart Sole
(signed) Thomas Hall
(blank)
(signed) harry blowar
(blank)
(signed) Thomas Bryan
Record title: Lease of the Little Rose from Ambrose Nicholas et al to William Griffen
Repository: Dulwich College
Shelfmark: Mun 8
Repository location: Dulwich
20 November 1574; English; parchment; single membrane; 490mm x 635mm; some display text including ornate initial'T; written 1 side only, good condition; indented, 8 tags with 6 seals still attached, contemporary (?) handwriting on dorse: 'ye Lease of Saint myldredes of ye rose' and 'frome mr gryffyn.' Folded twice originally.
single mb (11 December)
To all people to whome this presente writinge shall come William Griffen Cittizen and vintener of London sendeth greetinge in our lord god euerlastinge wheareas Thomasine Simondes late of London widowe late wief of Raphe Simondes late Cittizen and ffishemonger of london deceassed by her wrytinge or deed tripartited indented bearinge date the thirde daie of December in the sixte yere of the raigne of our late soueraigne Lord of famous memorye kinge Edwarde the sixte knowledged and enrolled in ye quenes maiesties heigh Court of Chauncery Did give graunte and confirme vnto Ambrose Nicholas william Boxe nowe Alderman Robert Sowle Thomas Hall salters Iohn Peers Henry Blower thelder Thomas Brian and Iohn welton parishoners of the parishe of St Mildred in Breadstreat of London All that her messuage or tenemente then called the litle rose with twoe gardeins to the same adioyninge set lienge and beinge in the parishe late called Sainte margaretes in Southwerke in the county of Surrey and then and nowe in the parishe of St Savior in Southwerck aforesaide And all her howses shoppes Cellers sollers Chambers Entries gardens Pondes Easementes landes soyle and hereditamentes whatsoeuer with their appurtenances in the parish of Sainte Savior in Southwerck aforesaide to the saide messuage or or Tenemente belonginge or in any wies apperteyninge To haue and to houlde the said messuage or Tennemente and all other the premysses with their appurtenances vnto the saide Ambrose Nicholas William Boxe Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Brian & Iohn welton and their heires foreuer as by ye saide deed tripertite Indented and thenrolement thereof more fullie & at lardge doth & maie appere and wheare also the sayde Ambrose Nicholas William Boxe Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Brian and Iohn welton by their Indenture of demyse dated the twentieth daie of November in the seaventeneth yere of the raigne of our saide soueraigne Ladie queene Elizabeth for diuers good cawses and considerations them movinge haue with one assente and consente demysed graunted and to ferme Letten vnto me the saide William Griffen All the saide messuage or tennemente with the saide twoe gardeins to the same adioyninge set lienge and beinge in the parishe of Saincte Savior in Southeworke aforesaide And also all their howses shoppes Cellers sollers Chambers entries gardeins pondes lande soyle profites commodities and hereditamentes whatsoeuer with their appurtenances in the parishe of St Savior aforesaid to ye saide messuage or tenemente belonginge or apperteyninge To haue and to houlde the saide messuage or tennemente gardens shoppes Cellers sollers Chambers profites commodities and hereditamentes and all other the premysses with their appurtenances vnto me the saide william Griffen my executors administrators and assignes from the feaste of St michaell the Archaungell last past before the date of the same Indenture of leas vnto the end and terme of thirtie and one yeres from thence nexte ensuenge and fully to be compleete and ended yealdinge and paienge therefore yerelie duringe the saide terme vnto the saide Ambrose Nicholas william Boxe Robert Sowle Thomas Hall Iohn Peers Henry Blower Thomas Brian and Iohn welton their heires or assignes or any of them or to the Churchwardens of the saide parishe Churche of Sainte mildred for the time being seaven poundes of Lawfull money of Englande at fower termes or feastes in the yere as by the same Indenture of demyse with diuers other covenantes grauntes articles condicons and thinges there in mencioned at lardge yt dothe and maye appeere Nowe knowe ye that I the saide william Griffen for and in consideration of the some of One hundreth and fyve poundes of good and Lawfull money of England to me before thensealinge and deliuery of theis presentes by Robert withens Cyttizen and vintener of London well and treulie contented and paide whereof and wherewith I the saide william Griffen doe acknowledge my self fullie satisfied and pleassed and thereof and of euery part and parcell thereof doe clierelie acquite release and discharge the saide Robert withens his executors and administrators foreuer by theis presentes Haue bargained solde given graunted assigned and setouer and by theis presentes doe bargenne sell give graunte assigne and set ouer vnto the said Robert withens aswell the foresaide Indenture of demyse before recyted as also all the estate right tytle interest possession claime terme of yeres and demaunde which I the saide william Griffen haue maie might shoulde or of right ought to haue of in or to the saide messuage or Tennemente gardeins shoppes Cellers sollers Chambers profites commodities hereditamentes and premysses with the appurtenances or any parte or percell thereof by vertue of the saide Indenture of leas or otherwies To haue and to houlde the saide messuage or tennemente gardeins shoppes Cellers sollers chambers profites commodities and hereditamentes and all other the premysses by the saide Indenture of leas graunted with thappurtenances togeather with the same Indenture of demyse and all the saide estate right title interest possession claime terme of yeres and demaunde whiche I the saide william Griffen haue maie might shoulde or ought to haue of in and to the saide vnto the saide Robert withens his executors administrators & assignes vnto ye full ende expiracon and determynacon of ye saide one and thirtie yeres graunted by ye said Indenture of demyse and I the saide william Griffen for me my executors administrators and assignes doe Covenante promyse and graunte by theis presentes to and with the saide Robert withens his executors administrators and assignes in manner and forme followinge that is to saie that the saide Indenture of demyse is a good true perfect and Lawfull Indenture of demyse and graunte in lawe in full power and force for and duringe the residue of yeres yet to come and vnexpired of the saide terme of one and thirtie yeres and that I the saide william Griffen am nowe the very the true and Lawfull owner thereof and haue full power good right and Lawfull aucthoritie to give graunte alien bargaine sell assigne and set ouer the same Indenture and premysses thereby demysed with their appurtenances in manner and forme aforesaide And that the same Indenture of demyse messuage or tennemente and all other the premysses with the appurtenances nowe are and be and in the Eleventhe daie of Iune nexte comynge after the date of theis presentes then shalbe and from thensforth contynewe duringe and vntill the full ende and expiracon of the saide one and thirtie yeres free clere and clerelie acquited discharged or saued harmeles of and from all and singuler former bargaines sales guiftes grauntes leasses mortgaiges rentes charges condicons troubles titles and encombraunces the saide yerelie rente of seaven Poundes In and by the saide Indenture of demyse reserved And the covenantes grauntes articles condicons and thinges in the same Indenture specified on the behalf of me the saide william Griffen my executors administrators and assignes from and after the saide Eleventh daie of Iune nexte comynge to become due to be paide and performed onelie excepte and foreprised And that the saide Robert withens his executors administrators and assignes from and after the saide Eleventh daie of Iune nexte comynge shall or maie enter into the saide messuage or tennemente and premysses In the saide Indenture of leas demysed and the same from thensforth peaceablie and quietlie haue holde occupye and enioy duringe and vntill the full end and accomplishemente of the saide terme of one and thirtie yeares without any let trouble Intervption or eviction of me the saide william Griffen my executors administrators or assignes and without any Lawfull expultion or eviction of any other personne or personnes provided allwaies that yf I the saide William Griffen my executors administrators or assignes doe truelie paie or Cawse to be paide vnto the saide Robert withens his executors administrators or assignes the some of one hundreth and fyve poundes of lawfull money of England In the Eleventh daie of Iune nexte comynge after the date of theis presentes at the nowe dwellinge howse of the saide Robert withens called the signe of the shippe in Sainct Michaells lane in London without ffraud Covin or further delaie accordinge to the teanor of the condicon of an obligacon bearing date with theis presentes wherein I the saide william Griffen stande Obliged and bounde to the saide Robert withens in one hundreth and fiftie poundes lawfull money of Englande That then and from thensforth this presente writinge and all and euery bargaine sale covenante graunte article and thinge theire in mencioned on the behalf of me the saide william Griffen my executors administrators or assignes to be performed and kepte and also the obligacon aforesaide shalbe vtterlie voide frustrate and of none effecte Or ells it to stand and abide in full force and strengethe In Witnes whereof to this my presente writing I the saide William Griffen haue herevnto put my hande and sealle yeoven the Eleventh daie of december Anno domini 1579 and in the twoe and twentyeth yere of the raigne of our soueraigne Ladie Elizabeth by the grace of god queene of England ffraunce and Irelande defendoure of the ffaithe &c
| (signed) per me William Gryffyn | ° Sigillavit subscrivit et pro
eius facto traducit In presencia mei Thome Newman scriptoris° |
Record title: Assignment by William Griffen of the Lease of the
Little Rose to Robert Withens
Repository: Dulwich College
Shelfmark: Mun 10
Repository location: Dulwich
11 December 1579; English; parchment; single membrane; 505mm x 550mm; some display text including ornate initial 'T'; written 1 side only, good condition; seal attached. Originally folded twice.