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*Henry VIII (1491-1547, King of England). A near-contemporary copy of 'The last wyll and testament
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*Henry VIII (1491-1547, King of England).
A near-contemporary copy of 'The last wyll and testament of Kynge Harry the eyghte 30 December 1546', undated, circa 1570,
written in brown ink in a neat secretary hand, large decorative initial, small grotesque to inner margin of top line of folio 4r, laid paper with watermark of 'PM' within a crowned shield, small heraldic sketch of a unicorn's head to final blank with colour markings, plus three more sketchy horses or dog heads, some spotting and dust-soiling, final blank verso more heavily soiled and damp-stained and with small tear, minor fraying to edges close to but not affecting text, disbound without covers, evidence of leather remains to spine, 8 leaves including final blank, slim folio (300 x 205mm)
The will was proved in the Prerogative Court of Canterbury in April 1547. A comparison of this text with the registered copy (TNA PROB 11/31/247) shows many differences, omissions and incorrect transcriptions of words and the use of dialect forms (such as sarve for serve). This copy of the will is said to have formed part of Phillipps MS 13761 which notes that the volume included, inter alia, 'Testaments of H. 8 & H. 6' part of a collection of papers from the archive of Sir Henry St George (1581-1644), who served as Garter King of Arms in the last year of his life. Although such a provenance is borne out by the heraldic endorsements, and by the fact that hundreds of St George manuscripts were on the market in the 1730s and in 1846 (ODNB), the hand of this manuscript makes it hard to attribute its authorship to Sir Henry, and the same objection stands against his father Sir Richard St George (1554-1635), whose association with the College of Arms dates only from 1602 (ODNB). An old bookseller's typed description accompanying the lot states that the volume of manuscripts was acquired by Thomas Phillipps in 1852 from the manuscripts of Sir Henry St George, and listed among the St George manuscripts in 1697 in Bernard's Catalogi Lib. MSS. Angl. pars altera, no. 4217. The paper is watermarked PM within a crowned shield, several versions of which are included in C.M. Briquet, Les filigranes (Amsterdam, 1968) as 9637-9644, datable between 1545 and 1601. The closest match is 9641, datable 1567-1570, a period consistent with the hand. Such a date is supported by the presence of the grotesque beside the name of Princess Mary on the first line of folio 4, an adornment unlikely to have been made before November 1558. In a lengthy and pious introduction, the king accepts that 'every creature, the more high he is in estate, honour and authority in this world, the more he is bound to love, serve God and thank God and the more diligently to endeavour to [do] good and charitable works'.'Repenting also our old and detestable life', he invokes God and the Virgin Mary to 'pray for us and with us while we live here in this world and in time of passing out of it'. He desires burial 'in the choir of our college of Windsor, midway between the [stalls - blank in MS] and the high altar' in a tomb which is 'well one ward [recte toward] and almost made in which we will allow [recte will also] that the bones and body of our true [and] loving wife Queen Jane be put also'. 'The tombs and altars of king Harry the 6 and also of king Edward the fourth our great uncle and grandfather be made more princely'. Re-establishment of the Poor Knights of Windsor each to wear 'a long gown of white cloth with a garter upon the breast embroidered with a shield and a cross of St George with the garter and a mantle of red cloth'. Daughters 'shall not marry nor take any person to her husband without the assent and consent of the privy councillors and others appointed by us to our dearest son Prince Edward'.'seeing the fatherly love which we bear to our son Prince Edward and to this our realm we declare his [recte him] according to justice and equity and conscience to be our lawful heir and do and bequest unto him the succession of our realm of England and Ireland with our title of France and all other dominions both on this side [the seas] and beyond, charging him and commanding him on pain of our curse, seeing he hath so loving a father of us and that all our chief labour and study in this world [is] to establish him in the imperial crown of this realm after our days, in such sort as may be pleasing to God and to the wealth of this realm, and to his honour and quiet, that he be ordered and ruled, both in his marriage and also in ordering of the affairs of the realm, as well outward as inward, and also all his own privy affairs and in giving offices of charge by the advice and counsel of our right and entirely beloved counsellors'. 'Item we bequest to our daughter Mary and Elizabeth marriage[s], they being married to potentate by the advice of our foresaid counsellors, if we bestow not them in our own life time, ten thousand pounds in money, plate, jewels and household stuff for each of them or a larger sum at the discretions of our said executors'. This is the discussion of the will from the entry in Oxford Dictionary of National Biography (OUP, 2004) by Eric Ives: 'It was in the context of this final factional battle that Henry revised his last will and testament on 30 December 1546. It was authenticated by the dry stamp, a form of signature by proxy which Henry had introduced in 1545 to save himself trouble. This system was in theory open to abuse, but the will is undoubtedly genuine. Arguments that it was stamped only after the king became incapacitated, or even after he was dead, do not stand up to analysis. The king confirmed Edward as heir and after Edward, Mary and Elizabeth, though the girls were to lose their places in the succession if they married without the written permission of a majority of privy councillors. Next in line he put the Grey and Clifford families, descendants of Mary, his younger sister. The granddaughter of Henry's elder sister, Margaret-Mary, queen of Scots-was not mentioned, though presumably she qualified in the final remainder to the next rightful heirs. To govern the country during his son's minority, Henry nominated sixteen executors who were to function as Edward's privy council, and since sixteen might be too few for day-to-day business, he named a further twelve to be counsellors to the sixteen as and when required. Henry's will provoked discussion in the reigns of Mary and Elizabeth and also in modern times. Some historians have argued that because traditionalist and anti-traditionalist councillors were roughly equal in numbers, Henry's intention was to rule from the grave and preserve his individual religious policy.'
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A near-contemporary copy of 'The last wyll and testament of Kynge Harry the eyghte 30 December 1546', undated, circa 1570,
written in brown ink in a neat secretary hand, large decorative initial, small grotesque to inner margin of top line of folio 4r, laid paper with watermark of 'PM' within a crowned shield, small heraldic sketch of a unicorn's head to final blank with colour markings, plus three more sketchy horses or dog heads, some spotting and dust-soiling, final blank verso more heavily soiled and damp-stained and with small tear, minor fraying to edges close to but not affecting text, disbound without covers, evidence of leather remains to spine, 8 leaves including final blank, slim folio (300 x 205mm)
The will was proved in the Prerogative Court of Canterbury in April 1547. A comparison of this text with the registered copy (TNA PROB 11/31/247) shows many differences, omissions and incorrect transcriptions of words and the use of dialect forms (such as sarve for serve). This copy of the will is said to have formed part of Phillipps MS 13761 which notes that the volume included, inter alia, 'Testaments of H. 8 & H. 6' part of a collection of papers from the archive of Sir Henry St George (1581-1644), who served as Garter King of Arms in the last year of his life. Although such a provenance is borne out by the heraldic endorsements, and by the fact that hundreds of St George manuscripts were on the market in the 1730s and in 1846 (ODNB), the hand of this manuscript makes it hard to attribute its authorship to Sir Henry, and the same objection stands against his father Sir Richard St George (1554-1635), whose association with the College of Arms dates only from 1602 (ODNB). An old bookseller's typed description accompanying the lot states that the volume of manuscripts was acquired by Thomas Phillipps in 1852 from the manuscripts of Sir Henry St George, and listed among the St George manuscripts in 1697 in Bernard's Catalogi Lib. MSS. Angl. pars altera, no. 4217. The paper is watermarked PM within a crowned shield, several versions of which are included in C.M. Briquet, Les filigranes (Amsterdam, 1968) as 9637-9644, datable between 1545 and 1601. The closest match is 9641, datable 1567-1570, a period consistent with the hand. Such a date is supported by the presence of the grotesque beside the name of Princess Mary on the first line of folio 4, an adornment unlikely to have been made before November 1558. In a lengthy and pious introduction, the king accepts that 'every creature, the more high he is in estate, honour and authority in this world, the more he is bound to love, serve God and thank God and the more diligently to endeavour to [do] good and charitable works'.'Repenting also our old and detestable life', he invokes God and the Virgin Mary to 'pray for us and with us while we live here in this world and in time of passing out of it'. He desires burial 'in the choir of our college of Windsor, midway between the [stalls - blank in MS] and the high altar' in a tomb which is 'well one ward [recte toward] and almost made in which we will allow [recte will also] that the bones and body of our true [and] loving wife Queen Jane be put also'. 'The tombs and altars of king Harry the 6 and also of king Edward the fourth our great uncle and grandfather be made more princely'. Re-establishment of the Poor Knights of Windsor each to wear 'a long gown of white cloth with a garter upon the breast embroidered with a shield and a cross of St George with the garter and a mantle of red cloth'. Daughters 'shall not marry nor take any person to her husband without the assent and consent of the privy councillors and others appointed by us to our dearest son Prince Edward'.'seeing the fatherly love which we bear to our son Prince Edward and to this our realm we declare his [recte him] according to justice and equity and conscience to be our lawful heir and do and bequest unto him the succession of our realm of England and Ireland with our title of France and all other dominions both on this side [the seas] and beyond, charging him and commanding him on pain of our curse, seeing he hath so loving a father of us and that all our chief labour and study in this world [is] to establish him in the imperial crown of this realm after our days, in such sort as may be pleasing to God and to the wealth of this realm, and to his honour and quiet, that he be ordered and ruled, both in his marriage and also in ordering of the affairs of the realm, as well outward as inward, and also all his own privy affairs and in giving offices of charge by the advice and counsel of our right and entirely beloved counsellors'. 'Item we bequest to our daughter Mary and Elizabeth marriage[s], they being married to potentate by the advice of our foresaid counsellors, if we bestow not them in our own life time, ten thousand pounds in money, plate, jewels and household stuff for each of them or a larger sum at the discretions of our said executors'. This is the discussion of the will from the entry in Oxford Dictionary of National Biography (OUP, 2004) by Eric Ives: 'It was in the context of this final factional battle that Henry revised his last will and testament on 30 December 1546. It was authenticated by the dry stamp, a form of signature by proxy which Henry had introduced in 1545 to save himself trouble. This system was in theory open to abuse, but the will is undoubtedly genuine. Arguments that it was stamped only after the king became incapacitated, or even after he was dead, do not stand up to analysis. The king confirmed Edward as heir and after Edward, Mary and Elizabeth, though the girls were to lose their places in the succession if they married without the written permission of a majority of privy councillors. Next in line he put the Grey and Clifford families, descendants of Mary, his younger sister. The granddaughter of Henry's elder sister, Margaret-Mary, queen of Scots-was not mentioned, though presumably she qualified in the final remainder to the next rightful heirs. To govern the country during his son's minority, Henry nominated sixteen executors who were to function as Edward's privy council, and since sixteen might be too few for day-to-day business, he named a further twelve to be counsellors to the sixteen as and when required. Henry's will provoked discussion in the reigns of Mary and Elizabeth and also in modern times. Some historians have argued that because traditionalist and anti-traditionalist councillors were roughly equal in numbers, Henry's intention was to rule from the grave and preserve his individual religious policy.'
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*Henry VIII (1491-1547, King of England).
A near-contemporary copy of 'The last wyll and testament of Kynge Harry the eyghte 30 December 1546', undated, circa 1570,
written in brown ink in a neat secretary hand, large decorative initial, small grotesque to inner margin of top line of folio 4r, laid paper with watermark of 'PM' within a crowned shield, small heraldic sketch of a unicorn's head to final blank with colour markings, plus three more sketchy horses or dog heads, some spotting and dust-soiling, final blank verso more heavily soiled and damp-stained and with small tear, minor fraying to edges close to but not affecting text, disbound without covers, evidence of leather remains to spine, 8 leaves including final blank, slim folio (300 x 205mm)
The will was proved in the Prerogative Court of Canterbury in April 1547. A comparison of this text with the registered copy (TNA PROB 11/31/247) shows many differences, omissions and incorrect transcriptions of words and the use of dialect forms (such as sarve for serve). This copy of the will is said to have formed part of Phillipps MS 13761 which notes that the volume included, inter alia, 'Testaments of H. 8 & H. 6' part of a collection of papers from the archive of Sir Henry St George (1581-1644), who served as Garter King of Arms in the last year of his life. Although such a provenance is borne out by the heraldic endorsements, and by the fact that hundreds of St George manuscripts were on the market in the 1730s and in 1846 (ODNB), the hand of this manuscript makes it hard to attribute its authorship to Sir Henry, and the same objection stands against his father Sir Richard St George (1554-1635), whose association with the College of Arms dates only from 1602 (ODNB). An old bookseller's typed description accompanying the lot states that the volume of manuscripts was acquired by Thomas Phillipps in 1852 from the manuscripts of Sir Henry St George, and listed among the St George manuscripts in 1697 in Bernard's Catalogi Lib. MSS. Angl. pars altera, no. 4217. The paper is watermarked PM within a crowned shield, several versions of which are included in C.M. Briquet, Les filigranes (Amsterdam, 1968) as 9637-9644, datable between 1545 and 1601. The closest match is 9641, datable 1567-1570, a period consistent with the hand. Such a date is supported by the presence of the grotesque beside the name of Princess Mary on the first line of folio 4, an adornment unlikely to have been made before November 1558. In a lengthy and pious introduction, the king accepts that 'every creature, the more high he is in estate, honour and authority in this world, the more he is bound to love, serve God and thank God and the more diligently to endeavour to [do] good and charitable works'.'Repenting also our old and detestable life', he invokes God and the Virgin Mary to 'pray for us and with us while we live here in this world and in time of passing out of it'. He desires burial 'in the choir of our college of Windsor, midway between the [stalls - blank in MS] and the high altar' in a tomb which is 'well one ward [recte toward] and almost made in which we will allow [recte will also] that the bones and body of our true [and] loving wife Queen Jane be put also'. 'The tombs and altars of king Harry the 6 and also of king Edward the fourth our great uncle and grandfather be made more princely'. Re-establishment of the Poor Knights of Windsor each to wear 'a long gown of white cloth with a garter upon the breast embroidered with a shield and a cross of St George with the garter and a mantle of red cloth'. Daughters 'shall not marry nor take any person to her husband without the assent and consent of the privy councillors and others appointed by us to our dearest son Prince Edward'.'seeing the fatherly love which we bear to our son Prince Edward and to this our realm we declare his [recte him] according to justice and equity and conscience to be our lawful heir and do and bequest unto him the succession of our realm of England and Ireland with our title of France and all other dominions both on this side [the seas] and beyond, charging him and commanding him on pain of our curse, seeing he hath so loving a father of us and that all our chief labour and study in this world [is] to establish him in the imperial crown of this realm after our days, in such sort as may be pleasing to God and to the wealth of this realm, and to his honour and quiet, that he be ordered and ruled, both in his marriage and also in ordering of the affairs of the realm, as well outward as inward, and also all his own privy affairs and in giving offices of charge by the advice and counsel of our right and entirely beloved counsellors'. 'Item we bequest to our daughter Mary and Elizabeth marriage[s], they being married to potentate by the advice of our foresaid counsellors, if we bestow not them in our own life time, ten thousand pounds in money, plate, jewels and household stuff for each of them or a larger sum at the discretions of our said executors'. This is the discussion of the will from the entry in Oxford Dictionary of National Biography (OUP, 2004) by Eric Ives: 'It was in the context of this final factional battle that Henry revised his last will and testament on 30 December 1546. It was authenticated by the dry stamp, a form of signature by proxy which Henry had introduced in 1545 to save himself trouble. This system was in theory open to abuse, but the will is undoubtedly genuine. Arguments that it was stamped only after the king became incapacitated, or even after he was dead, do not stand up to analysis. The king confirmed Edward as heir and after Edward, Mary and Elizabeth, though the girls were to lose their places in the succession if they married without the written permission of a majority of privy councillors. Next in line he put the Grey and Clifford families, descendants of Mary, his younger sister. The granddaughter of Henry's elder sister, Margaret-Mary, queen of Scots-was not mentioned, though presumably she qualified in the final remainder to the next rightful heirs. To govern the country during his son's minority, Henry nominated sixteen executors who were to function as Edward's privy council, and since sixteen might be too few for day-to-day business, he named a further twelve to be counsellors to the sixteen as and when required. Henry's will provoked discussion in the reigns of Mary and Elizabeth and also in modern times. Some historians have argued that because traditionalist and anti-traditionalist councillors were roughly equal in numbers, Henry's intention was to rule from the grave and preserve his individual religious policy.'
(1)
A near-contemporary copy of 'The last wyll and testament of Kynge Harry the eyghte 30 December 1546', undated, circa 1570,
written in brown ink in a neat secretary hand, large decorative initial, small grotesque to inner margin of top line of folio 4r, laid paper with watermark of 'PM' within a crowned shield, small heraldic sketch of a unicorn's head to final blank with colour markings, plus three more sketchy horses or dog heads, some spotting and dust-soiling, final blank verso more heavily soiled and damp-stained and with small tear, minor fraying to edges close to but not affecting text, disbound without covers, evidence of leather remains to spine, 8 leaves including final blank, slim folio (300 x 205mm)
The will was proved in the Prerogative Court of Canterbury in April 1547. A comparison of this text with the registered copy (TNA PROB 11/31/247) shows many differences, omissions and incorrect transcriptions of words and the use of dialect forms (such as sarve for serve). This copy of the will is said to have formed part of Phillipps MS 13761 which notes that the volume included, inter alia, 'Testaments of H. 8 & H. 6' part of a collection of papers from the archive of Sir Henry St George (1581-1644), who served as Garter King of Arms in the last year of his life. Although such a provenance is borne out by the heraldic endorsements, and by the fact that hundreds of St George manuscripts were on the market in the 1730s and in 1846 (ODNB), the hand of this manuscript makes it hard to attribute its authorship to Sir Henry, and the same objection stands against his father Sir Richard St George (1554-1635), whose association with the College of Arms dates only from 1602 (ODNB). An old bookseller's typed description accompanying the lot states that the volume of manuscripts was acquired by Thomas Phillipps in 1852 from the manuscripts of Sir Henry St George, and listed among the St George manuscripts in 1697 in Bernard's Catalogi Lib. MSS. Angl. pars altera, no. 4217. The paper is watermarked PM within a crowned shield, several versions of which are included in C.M. Briquet, Les filigranes (Amsterdam, 1968) as 9637-9644, datable between 1545 and 1601. The closest match is 9641, datable 1567-1570, a period consistent with the hand. Such a date is supported by the presence of the grotesque beside the name of Princess Mary on the first line of folio 4, an adornment unlikely to have been made before November 1558. In a lengthy and pious introduction, the king accepts that 'every creature, the more high he is in estate, honour and authority in this world, the more he is bound to love, serve God and thank God and the more diligently to endeavour to [do] good and charitable works'.'Repenting also our old and detestable life', he invokes God and the Virgin Mary to 'pray for us and with us while we live here in this world and in time of passing out of it'. He desires burial 'in the choir of our college of Windsor, midway between the [stalls - blank in MS] and the high altar' in a tomb which is 'well one ward [recte toward] and almost made in which we will allow [recte will also] that the bones and body of our true [and] loving wife Queen Jane be put also'. 'The tombs and altars of king Harry the 6 and also of king Edward the fourth our great uncle and grandfather be made more princely'. Re-establishment of the Poor Knights of Windsor each to wear 'a long gown of white cloth with a garter upon the breast embroidered with a shield and a cross of St George with the garter and a mantle of red cloth'. Daughters 'shall not marry nor take any person to her husband without the assent and consent of the privy councillors and others appointed by us to our dearest son Prince Edward'.'seeing the fatherly love which we bear to our son Prince Edward and to this our realm we declare his [recte him] according to justice and equity and conscience to be our lawful heir and do and bequest unto him the succession of our realm of England and Ireland with our title of France and all other dominions both on this side [the seas] and beyond, charging him and commanding him on pain of our curse, seeing he hath so loving a father of us and that all our chief labour and study in this world [is] to establish him in the imperial crown of this realm after our days, in such sort as may be pleasing to God and to the wealth of this realm, and to his honour and quiet, that he be ordered and ruled, both in his marriage and also in ordering of the affairs of the realm, as well outward as inward, and also all his own privy affairs and in giving offices of charge by the advice and counsel of our right and entirely beloved counsellors'. 'Item we bequest to our daughter Mary and Elizabeth marriage[s], they being married to potentate by the advice of our foresaid counsellors, if we bestow not them in our own life time, ten thousand pounds in money, plate, jewels and household stuff for each of them or a larger sum at the discretions of our said executors'. This is the discussion of the will from the entry in Oxford Dictionary of National Biography (OUP, 2004) by Eric Ives: 'It was in the context of this final factional battle that Henry revised his last will and testament on 30 December 1546. It was authenticated by the dry stamp, a form of signature by proxy which Henry had introduced in 1545 to save himself trouble. This system was in theory open to abuse, but the will is undoubtedly genuine. Arguments that it was stamped only after the king became incapacitated, or even after he was dead, do not stand up to analysis. The king confirmed Edward as heir and after Edward, Mary and Elizabeth, though the girls were to lose their places in the succession if they married without the written permission of a majority of privy councillors. Next in line he put the Grey and Clifford families, descendants of Mary, his younger sister. The granddaughter of Henry's elder sister, Margaret-Mary, queen of Scots-was not mentioned, though presumably she qualified in the final remainder to the next rightful heirs. To govern the country during his son's minority, Henry nominated sixteen executors who were to function as Edward's privy council, and since sixteen might be too few for day-to-day business, he named a further twelve to be counsellors to the sixteen as and when required. Henry's will provoked discussion in the reigns of Mary and Elizabeth and also in modern times. Some historians have argued that because traditionalist and anti-traditionalist councillors were roughly equal in numbers, Henry's intention was to rule from the grave and preserve his individual religious policy.'
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30th ANNIVERSARY SALE: FINE BOOKS, MAPS & MANUSCRIPTS, EARLY PRINTED BOOKS, AUTOGRAPHS & DOCUMENTS, ATLASES & TRAVEL
Auktionsdatum
Lose: 180
Ort der Versteigerung
Mallard House
Broadway Lane
South Cerney
Cirencester, Gloucestershire
GL7 5UQ
United Kingdom
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We offer an in-house packing and shipping service covering a wide range of items. Our dedicated team is careful, considerate and meticulous when it comes to packing and sending your purchases. If you would like to discuss a particular item please call us on 01285 860006. Kairen Clifford or Sarah Ball will be very happy to help.
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Purchases can be paid for and collected on the day of auction or within 2 weeks.
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Framed and Glazed Items - In some instances it is possible for us to remove these and send the item unframed. For very large framed and glazed or fragile pieces we may recommend other shipping specialists. For very small and low value items, we may be able to send these via Royal Mail Special Delivery.
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We partner with DHL Express for overseas shipments. We are happy to provide packing and shipping quotes on request. If you would like to go ahead with your shipment this charge is then added to your invoice. We are able to offer pre-sale shipping quotes, however this will be an approximate price only. It is important we have an up-to-date email address and telephone number along with your required delivery address. Once we have sent your purchase, you will receive a notification from DHL EXPRESS ON-DEMAND DELIVERY and you will be sent email/SMS updates about your shipment's progress and estimated delivery date/time. If the shipment doesn’t fit your schedule the 100% free service enables you to choose the time and place of delivery, giving you maximum flexibility and greater control over your shipment.
For items under the value of £250 we can send via Royal Mail International Signed-For Service (2kg maximum weight). Charges are variable and will be added to your invoice.
Framed and Glazed Items - In some instances it is possible for us to remove these and send the item unframed. For very large framed and glazed or fragile pieces we may recommend other shipping specialists.
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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.
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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.
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We are able to send items which fit the following criteria:
- Single parcels with a value less than £500 and up to 2kg in weight and within the dimensions of 600mm x 150mm x 150mm
- Single tubes with a value less than £500 and up to 2kg in weight and within the dimensions of 900mm long x 70mm depth
For larger packages and fragile goods, we recommend Mailboxes, Pack & Send or RF Shipping Ltd (details below) 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.
Mailboxes : +44 (0)1793 525009 or welcome@mbeswindon.co.uk
Pack & Send : +44 (0)1635 887237 or newbury@packsend.co.uk
RF Shipping Ltd : +44(0) 845 8736240 or info@rfshipping.com
Export Licences and Restricted Items
A licence from the Department of Trade will be required before certain items such as weapons or firearms and items related to endangered species such as ivory may be exported from the United Kingdom to other countries. It is the responsibility of the buyer to arrange these Licenses. Please contact us for more details if you are unsure.
Dominic Winter (Auctioneers) Ltd 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:
- 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.
- 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 "@" symbol 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.
