22nd Nov, 2023 10:00
Photographs, Autographs & Historic Documents | Royalty, Film & Sports Memorabilia
Henry VIII Letters Patent. Vellum deed in Latin relating to lands in Hemel Hempstead
Sold for £700
Henry VIII Letters Patent. Vellum deed in Latin relating to lands in Hemel Hempstead, Hertfordshire; Westminster, 12 May 1540, being a Crown grant (letters patent) for £108, the first line written in elaborate strapwork – Henricus Octavus Dei Gracia Anglie et Francie Rex Fidei Defensor – with a fine portrait in the initial H of the king enthroned beneath a canopy with the motto VIVAT REX and the Tudor royal emblems of a cross of St George within the Garter, a crowned lion sejant bearing a standard charged with a fleur-de-lys, a crowned Tudor rose, a dragon rampant bearing a standard charged with the cross of St George, a monumental fleur-de-lys, and a sun in splendour charged with a coronet of Prince of Wales feathers, 44 x 72 cm, two large fragments of the second great seal of Henry VIII appended on green and white silk cords; the text giving details of the Crown to Richard Combes: 1. the reversion of the dairy of Hemel Hempstead in Hertfordshire and of the meadows and pastures belonging to it, with the rent of £4 reserved on a former lease and the stock of one bull, twelve cows, one boar and one sow leased with the dairy; 2. the capital messuage of the manor of Hemel Hempstead with all the buildings, yards, ponds, gardens and orchards adjoining and belonging to it, the meadows called Burie Mede and Horse Lees and the pasture called Cowe Lees; 3. the watermill called Burie Mill with the watercourse and the fishing of it; 4. the revenues of the capital messuage, lands and watermill from 29 September 1539, without rendering any account; all in in Hemel Hempstead, formerly part of the possessions of the late College of Ashridge in Buckinghamshire, excepting and reserving two barns within the manor called The Whete Barn and The Ote Barn for the reception of the tithes of grain; to hold of the Crown in chief by the twentieth part of a knight’s fee and a rent of 12 shillings payable to the Court of Augmentations; Recites: lease of the dairy of Hemel Hempstead, its stock and the right to occupy the manor places of Hemel Hempstead and Bovingdon, with the buildings, barns and stables, for 60 years from 29 September 1535 at £4, Thomas [Waterhouse], Rector of the College of Ashridge in Buckinghamshire, and the convent, to John Waterhouse and Richard Combes of Hemel Hempstead, gentlemen, 14 May 1535; later marginal annotation Molendinum (mill) against the third element of the grant, tested by F. Assheton; examined by R[ichard] Cupper [of Wookey in Somerset, Strand Inn and the Middle Temple, clerk of the Chancery c. 1537-1541], framed and set within a green velvet mount, glazed, 61 x 94 x 4.5 cm overall
(Quantity: 1)
A very attractive document with a fine portrait of Henry VIII and part of the second great seal, concerning a dairy and lands less than one mile away from the legendary landmark, the Magic Roundabout in Hemel Hempstead.
The College of Bonhommes at Ashridge was founded in 1283 by Edmund, Earl of Cornwall. It was the only house of this order in England, except the small college at Edington in Wiltshire. The last rector, Thomas Waterhouse, assisted at the trial of the relapsed heretic, Thomas Harding of Chesham, who was condemned to death in 1532. He signed the Acknowledgment of Supremacy in 1535, and surrendered his house 6 November, 1539, receiving by way of pension the rectory of Quainton. The rest of the 16 brethren received benefices or pensions of £6 or £7 a year; two of them were living in 1552 as incumbents of Ayot St Peter and Dachworth; both were married. The old rector himself lived till 1554, and seems to have held steadily to the religion in which he had been bred, bequeathing to several churches at his death the vestments which he had contrived to keep as personal property all through the reign of Edward VI. (VCH Buckinghamshire 1 (1905), pp. 386-90).
The first grantee John Waterhouse was perhaps the grandfather of Richard Combes – John’s daughter Agnes had married a Robert Combes. The royal grant of a charter to the borough of Hemel Hempstead is said to have been an outcome of the king's favour to Waterhouse, who received a grant of arms in 1533 and died 11 August 1558 (Baker Men of court 1632). Having received this grant from the crown in 1540, Richard settled the property on himself and his wife Alice in 1557, and the family remained in possession in the middle of the 17th century. The house forming the subject of the grant indicated must be The Old Bury.
It is said that John Waterhouse entertained Henry VIII in the Bury, of which the porch, surmounted by an upper story on which the arms of Richard Combes are carved, is still [1908] standing. Local tradition has named it 'Charter Tower,' and made it the site of the granting of the charter, but the porch is of later date than 1539. Richard Combes is alleged to have pulled down the old house and to have built another, which in its turn was demolished in or about the year 1790, when Mr Ginger built a new house on its site. The existing house is more modern, and is a square building of brick. The Bury was the property of Mr Hilton in 1819, and the residence of Mr Harry Grover, solicitor and banker at Hemel Hempstead, from about 1800 to 1850, and of Lieut-Col. William H. D. Jones in 1899. It is now [1908] inhabited by Mr George Crawley.
VCH Hertfordshire 2 (1908) pp. 215-230; The Bury, Hemel Hempstead on Wikipedia.
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Auction: Photographs, Autographs & Historic Documents | Royalty, Film & Sports Memorabilia, 22nd Nov, 2023
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Dominic Winter (Auctioneers) Ltd
Conditions Of Sale And Business
Terms and Conditions of Sale
1. (a) Dominic Winter (Auctioneers) Ltd ("the Auctioneer") sells as agents for the seller (except where otherwise stated) and as such is not responsible for any default by buyer or seller.
(b) The Seller warrants to the Auctioneer and to the buyer that he is the true owner or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims.
2. (a) The highest bidder to be the buyer. If during the auction the Auctioneer considers that a dispute has arisen he has absolute authority to settle it or to re-offer the lot. The auctioneer may at his sole discretion determine the advance of bidding or refuse a bid, divide any lot, combine any two or more lots or withdraw any lot without prior notice.
(b) Where goods are bought at auction by a buyer who has entered into an agreement with another or others that the other or others (or some of them) shall abstain from bidding for the goods and the buyer or other party or one of the other parties is a dealer as defined in the Auctions (Bidding Agreements) Act 1927 and 1969 the buyer warrants that the goods are bought bona fide on a joint account.
3. The buyer shall pay the price at which a lot is knocked down by the Auctioneer to the buyer ("the hammer price") together with a premium of 20% except those lots asterisked (*) in the title, in which case the buyer's premium is 24% inclusive of VAT. By making any bid the buyer acknowledges that his/her attention has been drawn to the fact that on the sale of any lot the Auctioneer will receive from the seller commission at its usual rates in addition to the said premium and assents to the Auctioneer receiving the said Commission.
4. (a) The buyer shall forthwith upon the purchase give his name and permanent address together with proof of identity and pay the Auctioneer immediately after the conclusion of the auction the total sum due.
(b) The buyer may be required to pay down during the course of the sale the whole or any part of the total sum due, and if he fails to do so after such request the lot or lots may at the Auctioneer's absolute discretion be put up again and resold immediately.
(c) The buyer shall at his own expense take away any lot or lots purchased no later than five working days after the auction day.
(d) The Auctioneer may at his discretion agree credit terms with a buyer and extend the time limits for collection in special cases but otherwise payment shall be deemed to have been made only after the Auctioneer has received cash or funds by bank transfer or a sterling banker's draft or the buyer's cheque or debit/credit card payment has been cleared.
(e) All sums due to the Auctioneer shall be paid as shown and he reserves the right to charge interest which shall accrue at the rate of 4% over such base lending rate of National Westminster Bank Plc as shall be in force at the date that interest becomes due, such sum to be calculated per annum from day to day on all amounts due but unpaid. This right shall be exercisable without prejudice to any other right of the Auctioneer.
5. (a) If the buyer fails to pay for or take away any lots pursuant to clause 4 or breaches any other condition of that clause the Auctioneer as agent for the seller shall be entitled after consultation with the seller to exercise one or other of the following rights:
(i) Rescind the sale of that or any other lots sold to the buyer who defaults and re-sell the lot or lots whereupon the defaulting buyer shall pay to the Auctioneer any shortfall between the proceeds of that sale after deduction of costs or re-sale and the total sum due. Any surplus shall belong to the seller.
(ii) Proceed for damages for breach of contract.
(b) Without prejudice to the Auctioneer's rights hereunder if any lot or lots are not collected within five days or such longer period as the Auctioneer may have agreed otherwise, the Auctioneer may charge the buyer a storage charge up to £1.00 per lot per day.
6. (a) The seller shall be entitled to place a reserve on any lot and the Auctioneer shall have the right to bid on behalf of the seller for any lot on which a reserve has been placed. A seller may not bid on any lot on which he has placed a reserve.
(b) Where any lot fails to sell, the Auctioneer shall notify the seller accordingly. The seller shall make arrangements either to re-offer the lot for sale or to collect the lot and may be asked to pay a commission not exceeding 50% of the selling commission and any special expenses incurred in cataloguing the lot.
(c) If such arrangements are not made within seven days of the notification the Auctioneer is empowered to sell the lot without reserve by auction or by private treaty and to receive from the seller the normal selling commission and special expenses.
7. Any representation or statement by the Auctioneer in any catalogue, brochure or advertisement of forthcoming sales as to authorship, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Every person interested should exercise and rely on his own judgement as to such matters and neither the Auctioneer nor his servants or agents are responsible for the correctness of such opinions. No warranty whatsoever is given by the Auctioneer or the seller in respect of any lot and any express or implied warranties are hereby excluded.
8. (a) Notwithstanding any other terms of these conditions, if within fourteen days of the sale the Auctioneer has received from the buyer of any lot notice in writing that in his/her view the lot is a deliberate forgery and within fourteen days after such notification the buyer returns the same to the Auctioneer in the same condition as at the time of the sale and satisfies the Auctioneer that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. "A deliberate forgery" means a lot made with intention to deceive.
(b) A buyer's claim under this condition shall be limited to any amount paid to the Auctioneer for the lot and for the purpose of this condition the buyer shall be the person to whom the original invoice was made out by the Auctioneer.
9. Lots may be removed during the sale after full settlement in accordance with 4.d. hereof.
10. All goods delivered to the Auctioneer's premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at the Auctioneer's discretion and accepted by the Auctioneer subject to all these conditions. In the case of miscellaneous books, maps and other items, the Auctioneer reserves the right to extract and dispose of items that, in the opinion of the Auctioneer at his absolute discretion, have no saleable value and, therefore, might detract from the saleability of the rest of the lot and the Auctioneer shall incur no liability to the seller in respect of the items disposed of. By delivering the goods to the auctioneer for inclusion in his auction sales each seller acknowledges that he/she accepts and agrees to all the conditions.
11. (a) Unless otherwise instructed in writing, all goods on the Auctioneer's premises and in his custody will be held insured against the risk of fire, burglary, water damage and accidental breakage or damage. The value of the goods so covered will be the hammer price, or in the case of unsold lots the lower estimate, or in the case of loss or damage prior to the sale that which the specialist staff of the Auctioneer shall in their absolute discretion estimate to be the auction value of such goods.
(b) The Auctioneer shall not be responsible for damage to or the loss, theft, or destruction of any goods not so insured because of the seller's written instructions whether caused by negligence or otherwise.
(c) Any liability of the Auctioneer for any claim arising from loss or damage of any kind in respect of goods whether caused by negligence or otherwise including any claims for compensation will be limited to the amount of insurance cover effected in accordance with the provisions of clause 11.a. above.
12. The Auctioneer shall remit the proceeds of the sale to the seller thirty days after the date of the auction provided that the Auctioneer has received the total sum due from the buyer. In all other cases the Auctioneer will remit the proceeds of the sale to the seller within seven days of the receipt by the Auctioneer of the total sum due. The Auctioneer will not be deemed to have received the total sum due until after any funds received from the buyer have cleared. In the event of the Auctioneer exercising his right to rescind the sale his obligation to the seller hereunder lapses.
13. In the case of the seller withdrawing instructions to the Auctioneer to sell any lot or lots, the Auctioneer may charge the seller a fee of 12.5% of the Auctioneer's middle estimate of the auction price of the lot withdrawn together with Value Added Tax thereon and any expenses incurred in respect of the lot or lots.
14. If, on collation, any named items in the catalogue prove defective, in text or illustration, the buyer may reject the lot provided he/she returns it within fourteen days stating the defect in writing. This however will not apply in the case of unnamed items, periodicals, autograph letters, manuscripts, music, maps, atlases, prints or drawings, nor in respect of damage to bindings, stains, foxing, marginal wormholes or other defects not affecting the completeness of the text, nor in respect of lack of list of plates, inserted advertisements, cancels or subsequently published volumes, supplements, appendices or plates or error in the enumerating of the plates, nor in respect of defects mentioned in the catalogue or announced at the time of sale.
15. The Auctioneer accepts no responsibility in connection with the commissioning of his staff to bid for any lots. Reserves, and commission bids given by telephone are accepted only at the sender's risk and must be confirmed in writing before the date of the sale. Lots will always be bought as cheaply as is allowed by other bids and such reserves as are on our books.
16. Buyers are advised that a storage charge of £1.00 per lot per day plus Value Added Tax at the current rate will be levied on all purchases not cleared within fourteen working days of the sale. After this period the buyer will be responsible for loss or damage.
17. Artist's Resale Rights ("Droit de Suite"). Lots marked with "AR" or another appropriate symbol and referenced as such in the catalogue are subject to the Artist's Resale Right law. The buyer agrees to pay the Auctioneer an amount equal to the resale royalty and the Auctioneer will pay such amount to the artist's collecting agent. Resale royalty applies where the Hammer Price is 1,000 Euro or more and the amount cannot be more than 12,500 Euro per lot.
The amount is calculated as follows:
Royalty For the portion of the Hammer Price (in Euro)
4.00% up to 50,000
3.00% between 50,000.01 and 200,000
1.00% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
0.25% in excess of 500,000
Invoices will be issued in Pounds Sterling. For the purposes of calculating the resale royalty the Pounds Sterling/Euro rate of exchange will be the European Central Bank reference rate on the day of the sale. Please refer to the DACS website www.dacs.org.uk for further details.
18. These conditions shall be governed by and construed in accordance with English Law.
Buyer's Premium :
The buyer's premium is 20%, except those lots asterisked (*) in the title for which Value Added Tax (VAT) will be added to the premium, resulting in a buyer's premium of 24% inclusive of VAT. Eligible items include manuscripts, prints, photographs, drawings, framed maps, paintings, pens and other objects which are subject to VAT at a rate of 20% on the buyer's premium as part of the Auctioneers Margin Scheme. VAT zero-rated items such as books, unframed maps and albums are not subject to VAT on the buyer's premium.
Live Auction Charges
An additional commission of 3% plus VAT (3.6% inclusive of VAT) on the hammer price is payable if you use the live auction bidding facility on the Dominic Winter Auctioneers website (dominicwinter.co.uk). This charge will be added to your invoice automatically.
An additional commission of 4.95% plus VAT (5.94% inclusive of VAT) on the hammer price is payable if you use the live auction bidding facility on the ATG Media website (the-saleroom.com). This charge will be added to your invoice automatically.
An additional commission of 3% plus VAT (3.6% inclusive of VAT) on the hammer is payable if you use the live auction bidding facility on the Invaluable website (invaluable.com). This charge will be added to your invoice automatically.
Payment (UK Buyers)
Payment is preferred by direct Bank Transfer to our bank account. Our bank details will be supplied to you with your invoice.
Payment can be made in cash at the Cashier's Office, either during or after the sale. Alternatively, you can pay by cheque (Pounds Sterling only), please allow 5 working days for the cheque to clear before collection of goods.
Credit or Debit Card payments will not be accepted by telephone unless by prior arrangement with the auctioneers. Card payments can be made in person at our premises but must be accompanied by relevant ID confirming address details. We do not accept payments by American Express.
Payment (Overseas Buyers)
Payment must be made by direct Bank Transfer to our bank account. Our bank details will be supplied to you on your invoice. No card payments will be accepted unless by special prior arrangements with the auctioneers. All transfers must state the relevant invoice number. The amount we receive must be the total due after currency conversion and the deduction of any bank charges (normally £7).
UK Shipping
We are not specialist shippers. Some items, such as framed & glazed or fragile goods, will require specialist handling and buyers will be asked to use Mailboxes or RF Shipping Ltd. (details below).
For non-fragile items and items of reasonably small size, we offer an in-house packing and shipping facility for UK buyers. When possible, purchases will be sent by either Royal Mail Special Delivery or DPD overnight service. The charge for this service is variable (£15 minimum per parcel) and will be added to your invoice. Please note shipments to the Highlands and Islands may require shipment by courier and may be more expensive. Please contact us for a quote before bidding.
For larger packages and fragile goods, we recommend Mailboxes, Pack & Send or RF Shipping Ltd who will collect fully paid-for purchases from us twice a week and liaise with the buyer direct. For more information please contact Sarah Ball by telephone on +44 (0)1285 860006 or email sarah@dominicwinter.co.uk. These companies will require payment direct for their services.
