Shakespeare protects his interests when enclosure is proposed, 28 October 1614

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Date:28th of October 1614

Description:Part of an agreement between William Shakespeare and William Replingham, setting out procedures to ensure that Shakespeare would not suffer financially as a result of the proposed enclosure at Welcombe.

As a result of his purchase of a share in the tithes and land in Old Stratford, Shakespeare's interests were likely to be affected by the proposed enclosure at Welcombe. This is a copy of part of the agreement he entered into with William Replingham, acting on behalf of the enclosers, providing for compensation should Shakespeare's income as a tithe-holder be adversely affected. This clause also affected Thomas Greene's interests and his name is included in it. As this copy was found in Greene's papers, we may be fairly sure it was he who arranged for the partial copy to be made. Other clauses may have affected Shakespeare's freehold interests but these were not copied out.

Thomas Greene twice refers to this agreement in his diary.

A modernised transcript, with the most relevant sections highlighted, reads:
28 October 1614
Articles of Agreement indented and made between William Shakespeare of Stratford in the county of Warwick, gent. on the one part, and William Replingham of Great Harborough in the county of Warwick, gent., on the other part, the day and year abovesaid, inter alia
Item, the said William Replingham for himself, his heirs, executors and assigns, covenants and agrees with the said William Shakespeare, his heirs and assigns, That, he the said William Replingham, his heirs or assigns, shall upon reasonable request, satisfy, content and make recompense to him the said William Shakespeare, or his assigns, for all such loss, detriment & hindrance as he the said William Shakespeare, his heirs & assigns and one Thomas Greene, gent. shall or may be thought, in the view of four impartial persons, to be chosen equally by the said William and William or their heirs, or in default of William Replingham, by William Shakespeare or his heirs alone to survey and judge, to have suffered, in respect of the increasing [decreasing obviously intended] of the annual value of the tithes which the said William Shakespeare and Thomas hold and enjoy in the said fields, as a result of any inclosure or decay of tillage intended there by the said William Replingham. And that the said William Replingham and his heirs shall provide sufficient surety to the said William Shakespeare and his heirs for the performance of these covenants as shall be determined by learned Counsel.In witness whereof the parties to the abovesaid have interchangeably set their hands and seals, the day and year above written’

Shakespeare Birthplace Trust reference: ER 27/3