No CrossRef data available.
Published online by Cambridge University Press: 08 November 2021
The recusant brothers-in-law William, third Baron Vaux of Harrowden (1535-95) and Sir Thomas Tresham (1543-1605), are best-known as exemplars of stalwart Catholicism and for their claims of fidelity to queen and country. They rose to prominence for their connection to the Jesuit proto-martyr Edmund Campion in 1581, and Vaux’s daughters Anne and Eleanor are celebrated — or notorious — for their support of the Jesuit Henry Garnet and suspected complicity in the Gunpowder Plot. Tresham’s sister Mary married Vaux, and the two men enjoyed a close friendship. Vaux leant heavily on Tresham for counsel, and the families have thus been absorbed into arguments for a closed Catholic community who drew closer together amid persecution. Yet these families were also divided, not by religio-political matters of great weight, but by more earthly causes of family unhappiness: youthful disobedience, scandalous marriage, and money. Through a close analysis of three linked episodes of family strife, this article looks beyond the singular fact of their confessional identity to argue that, like their Protestant counterparts, Catholics were not immune to acrimony. Disruptions to family unity could heap further tribulation on Catholics, and shared confessional identity might not be sufficient to repair bonds once severed.
I wish to record my gratitude to Susan Brigden and Alexandra Gajda for their exceptional supervision of the masters and doctoral research from which this article is derived. I am also grateful to Sarah Ward Clavier, who read the article in draft form, to Florentine Stolker, Clive Holmes, and Simon Healy for patient advice on legal procedure, and to Lucy Underwood and a receptive conference audience at Warwick. I am also grateful to the anonymous reviewers of the article for their insights.
1 A note on transcription: in quotations from manuscripts, original spelling has been preserved, but the thorn has been rendered as ‘th’ and common abbreviations and contractions have been silently expanded, such as those for ‘with’, ‘which’, ‘the’, ‘that’, ‘your’, for titles, and for ‘plaintiff’ and ‘defendant’. Other expansions are rendered in italics. Text italicised in the original is underlined here, and words split over two lines in the original have been reunited.
2 See John J. LaRocca, ‘Vaux, William, third Baron Vaux’, Oxford Dictionary of National Biography, online (hereafter ODNB): https://doi.org/10.1093/ref:odnb/28165 (accessed 1 November 2019); Julian Lock, ‘Tresham, Sir Thomas’, ODNB: https://doi.org/10.1093/ref:odnb/27712 (accessed 1 November 2019). Throughout this article, these two men are referred to by their surnames only.
3 Godfrey Anstruther, Vaux of Harrowden: a Recusant Family (Newport: R.H. Johns Ltd., 1953), dedicated to Grace, Lady Vaux; Peter Marshall and Geoffrey Scott, eds. Catholic Gentry in English Society: the Throckmortons of Coughton from Reformation to Emancipation (Farnham: Ashgate, 2009). The Vauxes also inspired a popular work: Jessie Childs, God’s Traitors: Terror & Faith in Elizabethan England (London: The Bodley Head, 2014).
4 L.A. Verner, ‘Catholic Communities and Kinship Networks of the Elizabethan Midlands’, Perichoresis 13/1 (2015): 73-95; Susan M. Cogan, Catholic Social Networks in Early Modern England. Kinship, Gender, and Coexistence (Amsterdam: Amsterdam University Press, 2021). I am very grateful to Dr Cogan for sharing material from this book in advance of its publication.
5 Sandeep Kaushik, ‘Resistance, Loyalty and Recusant Politics: Sir Thomas Tresham and the Elizabeth State’, Midland History 21 (1996): 37–72; Katie McKeogh, ‘Sir Thomas Tresham (1543-1605) and Early Modern Catholic Culture and Identity, 1580-1610’, DPhil. Diss., (University of Oxford, 2017).
6 Marshall and Scott, eds. Catholic Gentry.
7 V.M. Larminie, Wealth, Kinship and Culture: the Seventeenth-Century Newdigates of Arbury and their World (Woodbridge, 1995); Felicity Heal and Clive Holmes, The Gentry in England and Wales, 1500-1700 (Basingstoke: Macmillan, 1994), 24-7, 50, 91-6; Marshall and Scott, eds. Catholic Gentry, esp. 13; Keith Wrightson, ‘Kinship in an English Village: Terling, Essex 1500-1700’, in Richard M. Smith, ed. Land, Kinship and Life-Cycle (Cambridge: Cambridge University Press, 1984), 313-32; David Cressy, ‘Kinship and Kin Interaction in Early Modern England’, Past & Present (hereafter P&P) 113 (1986): 38-69; Rosemary O’Day, The Family and Family Relationships, 1500-1900. England, France and the United States of America (Basingstoke: Macmillan, 1994).
8 John Bossy, The English Catholic Community, 1570-1850 (London: Darton, Longman and Todd, 1975).
9 Marshall and Scott, eds. Catholic Gentry, 1. The anti-sectarian approach has also been championed in Michael Questier, Catholicism and Community in Early Modern England Politics, Aristocratic Patronage and Religion, c.1550–1640 (Cambridge: Cambridge University Press, 2010), 3.
10 Ibid., 18 argues that Catholic politics shaped family relationships.
11 James E. Kelly, ‘Counties Without Borders? Religious Politics, Kinship Networks and the Formation of Catholic Communities’, Historical Research 91/251 (2018): 22-38, at 31.
12 Ibid., 36.
13 Naomi Tadmor, ‘Early Modern English Kinship in the Long Run: Reflections on Continuity and Change’, Continuity and Change 25/1 (2010): 15-48, at 26-27.
14 Cressy, ‘Kinship and Kin Interaction’, 52, 68.
15 This point is also made in McKeogh, ‘Sir Thomas Tresham’, 47, Cogan, Catholic Social Networks, 70, and Verner, ‘Catholic Communities’, 83.
16 Kelly, ‘Counties Without Borders?’; Jeffrey R. Hankins, ‘Papists, Power, and Puritans: Catholic Officeholding and the Rise of the “Puritan Faction” in Early-Seventeenth-Century Essex’, Catholic Historical Review 95/4 (2009): 689-717, esp. 701-702.
17 Verner, ‘Catholic Communities’, 80; Cogan, Catholic Social Networks, 69-127, passim.; Questier, Catholicism and Community, 2.
18 See Heal and Holmes, Gentry, 51-2 for an exposition of the ideal achievements of gentry families.
19 Consideration of youth and the Reformation goes back to Susan Brigden, ‘Youth and the English Reformation’, P&P 95 (1982): 36-67; see also Alexandra Walsham, ‘The Reformation of the Generations: Youth, Age and Religious Change in England 1500-1700’, Transactions of the Royal Historical Society, 6th series, 21 (2011): 93-121. A particularly relevant study is Lucy Underwood, Childhood, Youth and Religious Dissent in Post-Reformation England (Basingtoke: Palgrave Macmillan, 2014).
20 Bernard Capp, The Ties That Bind: Siblings, Family, and Society in Early Modern England (Oxford: Oxford University Press, 2018), 102; Heal and Holmes, Gentry, 83-4.
21 Anstruther, Vaux, 96; Cogan, Catholic Social Networks, 117.
22 Royal Commission on Historical Manuscripts, Report on Manuscripts in Various Collections, vol. 3 (London: H.M.S.O., 1904), 81 (hereafter HMCR iii).
23 Amy Louise Erickson, Women and Property in Early Modern England (London: Routledge, 1993), 121, gives details of the average marriage portions across the social spectrum. Tresham had been knighted at Kenilworth in 1575 alongside his brother-in-law Sir William Catesby, who had also married a Throckmorton daughter, Anne. By this time he was also Lord of the Manor of Rothwell, and commissioned the cruciform market or sessions house for its market square to advertise his membership of the ruling elite and to record his affection for his county. See McKeogh, ‘Sir Thomas Tresham’, 176-86 and idem, ‘Tresham [née Throckmorton], Muriel’, ODNB: https://doi.org/10.1093/odnb/9780198614128.013.90000369156 (accessed 27 June 2021).
24 For an in-depth account see Kaushik, ‘Resistance, Loyalty and Recusant Politics’ and McKeogh, ‘Sir Thomas Tresham’, 89-110.
25 23 Eliz. Cap. I; The National Archives, London (hereafter TNA) SP 12/152 fol. 97r, ‘Mr. Richard Topclyffe’s note of particulars against William Deane and Edward Osborne, seminary priests: celebration of mass in the Fleet prison before Lord Vaux, Sir Thomas Tresham, Mr. Tirwhitt, and others…’; John Roche Dasent, ed. Acts of the Privy Council of England, 1542-1631 (hereafter APC), 32 vols. (London, 1890-1907), 13:360, online edn: http://www.british-history.ac.uk/acts-privy-council/vol13/pp351-375 (accessed 26 May 2020).
26 British Library Additional (hereafter BL Add.) MS 39828, fol. 84r, Lady Tresham to the Countess of Bedford, 27 May 1583, draft in Tresham’s hand.
27 For the Fermors, principally of Oxfordshire, see Alan Davidson, ‘Roman Catholicism in Oxfordshire from the Late Elizabethan Period to the Civil War, 1580-1640’, PhD Diss. (University of Bristol, 1970), 70-74.
28 Henry’s discernment of a religious vocation is attested in John J. LaRocca, ‘Vaux, William’; LaRocca, ‘Vaux, William’; Anstruther, Vaux, 205-6.
29 BL Add. MS 39828, fols. 82r-3v, Lord Vaux to Mr. Farmer, 19 April 1583, draft in Tresham’s hand.
30 Anstruther, Vaux, 108. It should be noted that the Beaumont estate, too, had undergone significant trials. Having been lost to her parents by her husband, Grace Dieu was returned to Vaux’s widowed mother-in-law in an act of kindness by her cousin Francis, 2nd earl of Huntingdon: N.G. Jones, ‘Beaumont, John’, ODNB: https://doi.org/10.1093/ref:odnb/1873 (accessed 4 June 2020) and Claire Cross, ‘Hastings, Francis, 2nd earl of Huntingdon’, ODNB: https://doi.org/10.1093/ref:odnb/12566 (accessed 4 June 2020).
31 J.H. Baker, ‘Beaumont, Francis’, ODNB: https://doi.org/10.1093/ref:odnb/1870 (accessed 4 June 2020).
32 Anstruther, Vaux, 206.
33 TNA PCC PROB 11/42B, fol. 150v, Will of Sir Thomas Tresham, 4 May 1559.
34 Ralph Houlbrooke observed this feature of unions from the medieval period onwards: Ralph Houlbrooke, The English Family, 1450-1700 (London: Routledge, 1984, repr. 2014), 66.
35 Heal and Holmes, Gentry, 68. For an enlightening microhistory of another unhappy Catholic marriage, see Ralph Houlbrooke, Love and Dishonour in Elizabethan England. Two Families and a Failed Marriage (Woodbridge: The Boydell Press, 2018).
36 Heal and Holmes, Gentry, 45.
37 Elizabeth Roper was the great niece of Margaret Roper, eldest daughter of Sir Thomas More: Margaret Bowker, ‘Roper, [née More] Margaret’, ODNB: https://doi.org/10.1093/ref:odnb/24071 (accessed 12 November 2019); The Complete Peerage, ed. G. E. Cokayne, revised and enlarged by Geoffrey H. White, 2nd edn, 13 vols (London: the St Catherine Press, 1910-40), 12.1: 679.
38 Anstruther, Vaux, 209.
39 Ibid., 207-8; Oxford English Dictionary (hereafter OED) s.v. ‘fine’, definition III 9 b.
40 APC, 21:95, online: https://www.british-history.ac.uk/acts-privy-council/vol21/pp76-100 (accessed 12 November 2019).
41 TNA SP 12/233, fol. 13r, Sir John Roper to Lord Burghley, 4 July 1590.
42 Ibid.
43 Ibid.
44 TNA SP 12/233, fol. 22r, Sir John Roper to Lord Burghley, 8 July 1590.
45 Ibid.
46 TNA SP 12/233, fol. 21r, Tresham to Lord Burghley, 7 July 1590.
47 See Anstruther, Vaux, 204; Childs, God’s Traitors, 92, 214.
48 The abeyance was terminated in 1838 in favour of George Charles Mostyn: Complete Peerage, ed. Cokayne, 12.2: 226-7.
49 ‘Parishes: Great Harrowden’, in L.F. Salzman, ed. A History of the County of Northampton (London: Victoria County History, 1937-2013), 4:178-185, online: http://www.british-history.ac.uk/vch/northants/vol4/pp178-185 (accessed 1 June 2020).
50 Nikolaus Pevsner and Bridget Cherry, Northamptonshire, 2nd edn., rev. Bridget Cherry (New Haven, CT, and London: Yale University Press, 2002), 398.
51 Complete Baronetage, ed. G.E. Cokayne, 6 vols (Exeter: Pollard, 1900), 1:56-7; Lock, ‘Tresham, Sir Thomas’.
52 Jan Broadway, ‘Agnes Throckmorton: a Jacobean Recusant Woman’, in Marshall and Scott, eds. Catholic Gentry, 123-41, at 138; J.H. Baker, ‘Browne, Sir Humphrey’, ODNB: https://doi.org/10.1093/ref:odnb/69359 (accessed 22 April 2021); The Visitations of Essex in 1552, 1558, 1570, 1612 and 1634, ed. Walter C. Metcalfe, Harleian Society Visitation Series 13-14 (London, 1878-9), 13:166, 322; The Visitation of Kent, Taken in the Years 1619-21, ed. Robert Hovenden, Harleian Society Visitation Series 42 (London, 1898), 82-3.
53 BL Add. MS 39828, fols. 169r-170v, Tresham to George Vaux, 9 November 1592, at fol. 169r.
54 Ibid., fol. 170v.
55 Ibid., fols. 178r-180r, Tresham to George Vaux draft in Tresham’s hand, 15 January 1593; ibid., fol. 180v, Tresham to George Vaux, draft in Tresham’s hand, 15 February 1593, at fol. 180v.
56 Ibid., fols. 193r-195v, Tresham to George Vaux, draft in Tresham’s hand, 28 February 1593, at fol. 193r.
57 Ibid., fols. 191r-192v, Tresham to Lady Vaux, 22 February 1593, at fol. 191r.
58 Ibid.
59 Ibid., fols. 197r-197v, Tresham to Ambrose Vaux, 8 March 1593, at fol. 197r.
60 HMCR iii, 71-2, Tresham to Cheyney, 2 April 1593; ibid., 72-3, Tresham to Lady Vaux, 15 April 1593; ibid., 75-6, Lady Tresham to Merill Vaux, 8 May 1593.
61 BL Add. MS 39828, fols. 273r-274r, Tresham to Lady Tresham, 23 November 1594, at fol. 273r.
62 Catholic widows used their legal status to play a significant role in supporting missionary priests and wielded unusual influence, even compared to other widows. See, for example, Jennifer Binczewski, ‘Power in Vulnerability: Widows and Priest Holes in the Early Modern English Catholic Community’, British Catholic History 35/1 (2020): 1-24; M.B. Rowlands, ‘Recusant Women, 1560–1640’, in M. Prior, ed. Women in English Society, 1500-1800, (London: Routledge, 1991): 149–180; Jenna Lay, Beyond the Cloister: Catholic Englishwomen and Early Modern Literary Culture (Philadelphia: University of Pennsylvania Press, 2016); Broadway, ‘Agnes Throckmorton’. For widowhood more broadly, see Barbara J. Harris, English Aristocratic Women, 1450-1550: marriage and family, property and careers (Oxford: Oxford University Press, 2002).
63 BL Add. MS 39829, fols. 9r-14v, Tresham to ? [Thomas Tresham], summer 1599, at fol. 10r. By ‘sterned to his bayne’ Tresham likely means ‘cast down to his destruction’.
64 The honour of a gentleman’s household was understood to represent his honour beyond it: Heal and Holmes, Gentry, 4-5. Moreover, elite young men were supposedly duty-bound to uphold their ancestors’ honour: Richard Cust, ‘Honour and Politics in Early Stuart England: The Case of Beaumont v. Hastings’, P&P 149 (1995): 57-94, at 60.
65 BL Add. MS 39829, fols. 9r-14v, at fol. 9v and passim.
66 Ibid., fol. 10r.
67 Ibid.
68 TNA PROB 11/94/82, fol. 95.
69 BL Add. MS 39829, fols. 9r-14v, at fol. 10r.
70 TNA PROB 11/88/344 fol. 271r. For Vaux’s forbears see Cockayne, ed. Complete Peerage, 8:18-19.
71 Maud Vaux had married Anthony Burrows and died in around 1581. The death of Edward Brooksby widowed Vaux’s daughter Eleanor in the same year: Anstruther, Vaux, 179.
72 Houlbrooke, The English Family, 211-22.
73 TNA PROB 11/72/680, fol. 415, at fol. 415v.
74 Tresham wrote to convey by letter a message that he had not been able to communicate in person: ‘I did forbear to impart somewhat to you, in respect of your deafness’: HMCR iii, 80, 22 July 1594.
75 TNA SP 12/248, fols. 88r-v, Interrogatories to be mynistered vnto Sir Thomas Tresham Knight, 25 March 1594; ibid., fol. 89r-v, Answer of Sr Thomas Tresham knight, 25 March 1594.
76 Mark Nicholls, ‘Vaux, Anne’, ODNB: https://doi.org/10.1093/ref:odnb/28159 (accessed 4 June 2020).
77 Hilary term 1593 began on 23 January and ended on 12 February. Easter term in that year began on 17 April and ended on Ascension Day, 9 May: C.R. Cheney, Handbook of Dates for Students of English History (Cambridge: Cambridge University Press, 1995).
78 HMCR iii, 82-4, Tresham to Lady Tresham, 1 November 1594; 84-6, Tresham to Lady Tresham, 2 November 1594.
79 C33/85 A book, fols. 669r (25 January 1594), 713r-v (4 February 1594); C33/87 A book, fols. 67r (1 May 1594), 127v (13 May 1594), 191v (4 June 1594), 231v-232r (10 June 1594), 308r (19 June 1594), 375r (11 October 1594), 421v-422r (22 October 1594), 454v (29 October 1594), 541r-v (6 November 1594). The entries in the corresponding B books — C33/86 B book, C33/88 B book — show no variation.
80 Northamptonshire Record Office, Watson of Rockingham Papers, W(R)/337.
81 C33/87 A book, fol. 67r, 1 May 1594.
82 Anstruther, Vaux, 145, taking his evidence from a letter from the Jesuit Robert Persons: Miscellanea IV, Catholic Record Society, Records Series 4 (London: Catholic Record Society, 1907), 48-9.
83 BL Add. MS 39828, fs. 275r-278v, Objections of Anne Vaux, November 1594, at fol. 275r.
84 For Catholic sisters, see Kari B. McBride, ‘Recusant Sisters: English Catholic Women and the Bonds of Learning’, in Sibling Relations and Gender in the Early Modern World: Sisters, Brothers and Others, ed. Naomi J. Miller and Naomi Yavneh (Aldershot: Ashgate, 2006), 28-39.
85 John Gerard, The Autobiography of an Elizabethan, trans. Philip Caraman, intro. Graham Greene (London: Longman, 1951); William Weston, The Autobiography of an Elizabethan, trans. Philip Caraman, intro. Evelyn Waugh (London: Longmans, Green, & Co., 1955); R. Connelly, The Women of the Catholic Resistance in England 1540-1680 (Edinburgh: Pentland Press, 1997); Mark Nicholls, Investigating Gunpowder Plot (Manchester: Manchester University Press, 1991); Childs, God’s Traitors.
86 Anstruther, Vaux, 186.
87 Ibid., 183-95; Nicholls, ‘Vaux, Anne’. Anne was also hymned in a Jesuit text dedicated to her: Leonard Lessius and Fulvius Androtius, The Treasure of Vowed Chastity in Secular Persons (1621), quoted in Lay, Beyond the Cloister, 62 n. 17.
88 Anstruther, Vaux, 191.
89 C33/87 A book, fol. 67r, 1 May 1594.
90 BL Add. MS 39828, fs. 258r-260v, Sir Tho: Tresames instructions to his learned Councell, at fol. 259r.
91 See M.R.B., ‘BEAUMONT, Henry I (c.1543-85)’, The History of Parliament: the House of Commons 1558-1603, ed. P.W. Hasler, online edn: http://www.historyofparliamentonline.org/volume/1558-1603/member/beaumont-henry-i-1543-85 (accessed 14 October 2020); J.H. Baker, ‘Beaumont, Francis’, ODNB: https://doi.org/10.1093/ref:odnb/1870 (accessed 14 October 2020).
92 BL Add. MS 39828, fol. 259r.
93 Ibid., though Tresham uses ‘uncle’, it has not been possible to trace the familial connection between Tresham and Weston. Weston is probably Richard Weston of Lichfield, who matriculated at the Inner Temple in 1582, but this would make him considerably younger than Tresham: Inner Temple Admissions Registers, 1547-1920, http://www.innertemplearchives.org.uk/detail.asp?id=1394 (accessed 30 April 2021).
94 BL Add. MS 39828, fol. 259v.
95 Ibid.
96 C33/85 A book, fol. 713r, 4 February 1594.
97 C33/87 A book, fols. 231v-232r, 10 June 1594.
98 Ibid.
99 Ibid., fol. 127v, 13 May 1594. If Vaux was deposed the record does not survive.
100 Ibid., fol. 231v, 10 June 1594.
101 BL Add. MS 39828, fols. 258r-260v, Tresham’s instructions to his learned counsel, Easter Term 1594; ibid., fols. 275r-278v, Objections of Anne Vaux, November 1594, at fol. 275r; Anstruther, Vaux, 191.
102 Ibid., fol. 308r, 19 June 1594. Anne did die unmarried, in around 1637, but it has not been possible to disentangle the fate of the money. The principal actors had died, and it may simply have been forgotten about.
103 The Visitation of the County of Leicester in the Year 1619 taken by William Camden, Clarenceux King of Arms, ed. John Fetherston (London: Harleian Society, 1870), 49.
104 C33/87 A book, fol. 421v, 22 October 1594.
105 Ibid., fols. 421v-422r, 22 October 1594.
106 Ibid., fol. 421v, 22 October 1594; fol. 541r. 6 November 1594.
107 BL Add. MS 39828, fols. 273r-274r, Tresham to Lady Tresham, 23 November 1594, at fol. 274r.
108 Harris, English Aristocratic Women, 23.
109 Erickson, Women and Property, 114-15. Amy Froide defined a single woman as ‘an adult woman who has never been married (although she might later marry)’ and asserted that single women and widows both had the legal status of femme sole: Amy Froide, Never Married: Singlewomen in Early Modern England (Oxford: Oxford University Press, 2008), 8, 28. At thirty, Anne Vaux was unmistakeably an adult. Other scholars also agree that single women had the status of femme sole: Sara Mendelson and Patricia Crawford, Women in Early Modern England 1550-1720 (Oxford: Oxford University Press, 1998). See also Christine Peters, ‘Single Women in Early Modern England: Attitudes and Expectations’, Continuity and Change 12/3 (1997): 325-45.
110 Ibid., 117.
111 Though outside of the scope of this article, such responses may also be explored from the perspective of the history of emotions. See Katie Barclay, Caritas: Neighbourly Love and the Early Modern Self (Oxford: Oxford University Press, 2021).
112 Lucy Wooding, ‘Charity, Community and Reformation Propaganda’, Reformation 2 (2006), 131-69, quotation at 133; see also John Bossy, Peace in the Post-Reformation (Cambridge: Cambridge University Press, 1995), esp. 87-88.
113 BL Add. MS 39828, fols. 277r-278r, Tresham to Lady Tresham enclosed with a letter dated 23 November 1594, at fol. 278r.
114 Ibid., fols. 275r-278v, at fol. 277r, Tresham to Lady Tresham, 16 October 1594.
115 BL Add. MS 39829, fols. 9r-14v, at fol. 11v.
116 Sir Edward Coke, The reports of Sir Edvvard Coke, Kt., late Lord Chief-Justice of England (London, 1658), 897-900, online: https://search.proquest.com/docview/2264211001?accountid=13042 (accessed 9 October 2020).
117 Cogan, Catholic Social Networks, 117-19.
118 TNA PROB 11/88/344, fols. 271r-272r.
119 Ibid., fol. 271v.
120 Ibid., fol. 271v.
121 Ibid., fol. 272r.
122 This is also observed in Cogan, Catholic Social Networks, 111.
123 BL Add. MS 39829, fols. 9r-14v, fol. 13r.
124 Ibid., fol. 13v.
125 Ibid.
126 Ibid.
127 BL Add. MS 39829, fols. 9r-14v, at fol. 10r; translation from Tudor Church Reform: the Henrician Canons of 1535 and the ‘Reformatio Legum Ecclesiasticarum’, ed. Gerald Bray, Church of England Record Society, 8 (Woodbridge and Rochester, NY: Boydell & Brewer, 2000).
128 BL Add. MS 39829, fols. 9r-14v, at 11r.