Chancery Court Depositions in the case of John Henslowe v. Agnes Henslowe, Edward Alleyn, and Roger Cole

ff 4–6 (29 May) (James Archer's deposition)

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Iames Archer of the parrish of St Saviour in the Borrough of Southwarke in the Countye of Surrye Clerke of the age of 29 yeares or thereaboutes sworne & examined &c./ That he doth ‸⸢knowe⸣ all the parties to this suyte aswell the Complainant as defendantes and hath knowen the Complainant Iohn Henslowe a quarter of a yeare & somewhat more And the defendant Agnes Henslowe these twoe yeares or thereaboutes and Edward Allen and Roger Cole named for twoe other of the defendantes as long as he hath knowen the defendant Agnes Henslowe/

That he did know Phillippe Henslowe deceased in the article named late husband of the defendant Agnes when he was liveing and sayeth he did know him about a yeare and three quarters of a yeare or such a matter before he departed this life/

That by reason he is minister of the said Parrish of St Saviours and knoweing that the said Phillippe Henslowe was sick, he this deponent of his owne accord did goe to the said Phillippe Henslowe to visite him, and comeing to the said Henslowe to his house at the Beeare yard on the Banke side this deponent found the defendant Allan ‸⸢there⸣ whoe did then lodge in the house as he still doth, and this deponent perceiveing the said Henslowe to be very weake & sick did aske Allan whether Henslowe had made his will or no whereun whereunto he sayeth Allan answered that he thought Henslowe had not made his will & therefore desired this deponent to move Henslowe to make a will or to that effect, And this deponent sayeth he first entring into some speaches with the said Henslowe touching his soules health and giveing him some godly exhortacions this deponent did afterwardes demaund of Henslowe whether he had made his will or no, and Henslowe sayed he had already made his will/ And then this deponent did aske where it was, and Henslowe answered it was at the ffortune, And this deponent sayeth he urgeing the said Henslowe to send for the same, the said Henslowe in the end sayed that he had made no will but would make one, wherevppon this deponent caused pen & Inke and paper to be brought or ells mr Cole ‸⸢the now defendant⸣ whoe was then present had pen and Inke about him, and one Mr Bromefeild belonging to the Starre Chamber office being then also present did begin to write the said Henslowe s will and mr Bromefeild being somewhat thick of hearing at that tyme, the said mr Cole did vndertake to write the said will and did write the same, ‸⸢according to ⸢such⸣ answer as Henslowe gaue to such questions as were demaunded of him⸣ And he sayeth that whilest the said will was in writing the said mr Allen ayther came or was called into the said roome where Henslowe laye, and when the executors and overseers came to be nominated the said Mr Allen did aske Henslowe if he would not make the said Agnes his then wif his executrix, and Henslow sayed yes, and then Allen did aske him if he would not make Mr Bromefeild Mr Cole himself the said Allen and one mr Austen his the said Henslowe s ouerseers of his said will, and as the said mr Allen did nominate every one of the said parties the ‸⸢said⸣ Henslow made answer (yes) and then this deponent did aske Henslowe if he would have mr Allen to be also one of the said oversears, and Henslowe answered also (yes), and so he sayeth these fower parties were nominated in the said will for oversears and the defendant Agnes was nominated for executrix therein vnto whome he the said Henslowe by the said will did give all his whole estate for tearme | of her life ‸⸢vnto which will for more certenty of the contentes this deponent referreth himself⸣ and other perswasions then as aforesaid this deponent doth not know nor hath heard of any that were vsed to the said Henslowe for the makeing of the said will. noe more in effect sayeth he can depose to the interrogatory to his now remembraunce/

That he doth not knowe of any other will that the said Phillip Henslowe did make then the will whereof this deponent hath before spoken in his answer to the seventh Interrogatory, and touching that will this deponent sayeth that when the said mr Cole had written the same sitting by the said Henslow his bedside whilest the said will was in writing, the said mr Cole did read the same vnto the said Henslowe and willed him to hearken to yt. And the same being read the said Cole or some in the Company did aske him ‸⸢Henslowe ⸣if he would sett his hand unto yt, and he answered .I. And so he had the pen given him and he the said Henslowe did make some kind of marke to the same, and did publish it to be his will to this deponentes seeming And for ought this deponent could perceive to the Contrary he sayeth the said Henslowe was of perfect memory when he so published the same to be will to be his last will. And more he sayeth not to the interrogatory./

That he cannot remember that there was any thing left out of the same will which the defendant Cole had instruccons to putt in before the will was made, howbeit he sayeth that after the said will was read over to the said Henslowe and that he had putt his hand to the same, there was some thing added therevnto, eyther the same daye or the next daye after, which ‸⸢thyng he sayeth⸣ was so added by the instruccons given by the said Phillip Henslowe, but what that was which was so added this deponent cannot now remember certeinly to sett downe other then instead of xx mourning gownes that were in the said will sett downe to be given to the poore, the said Henslowe caused ffourtye gownes to be sett downe as this deponent taketh it, And more materially sayeth he cannot remember to sett downe depose to the Interrogatory/

That he did never heare the said Phillip Henslowe when he lay sick vppon his death Bed or att any tyme before confesse or saye that he had or would give to his Brother william Henslowe his the said Phillips leases of the Beare garden and playe house or speak of any thing ells that he had or would give to the said william as by the article is supposed and therefore cannot satisffie the interrogatory/

That he doth not know whoe did send for the defendant Cole to come to the said Phillippe Henslowe eyther the day before he died when the will was first made or the next daye when the said will was finished, for this deponent sayeth that albeit the said Phillip Henslow the daye before he died did sett his h⸢a⸣nd to the said will yett as this deponent rembreth there were not any witnesses handes or names then sett thereunto because Henslowe desired that he might not be any further troubled at that tyme but it should be lett alone till the next daye, which being saterdaye this deponent sayeth he was then also present with the said Henslowe, the said Allen, Cole, & Bromfeild being then likewise present, And then some of the said will being read againe to the said Henslowe, some of the defendantes there in the house at that tyme did aske Henslowe if he would sett his hand ⸢hand⸣ thereunto, there being at that tyme something added to the said will besides that which was sett downe at the first and as this deponent taketh it, the said Henslowe did the second tyme sett his marke to the said will ⸢and publishe the same to be his will⸣ /and as this deponent rembreth the witnesses did then subscribe their names,/ but this deponent vtterly denieth that he did drawe the said will into fourme forme or once meddled therewith otherwise then as aforesaid noe more in effect sayeth he can depose to the Interrogatory then what he hath before deposed

As before he hath declared vizt that he was both tymes present when the said will was read as is aforesaid, and so likewise were the said Allen, Cole, Bromfeild & one Moore, but this deponent rembreth not that any were put out of the Chamber at eyther of the aforesaid tymes when the said will was read, howbeit he sayeth that ‸⸢as he rembreth⸣ the said Moore comeing one tyme in to the Chamber whilest there was something | in doeing about the said will, this deponent ⸢he was⸣ desired him to forbeare comeing <..> in for a while but afterwardes Moore came in and did sett his hand amongst the ⸢rest⸣ <..> as this deponent taketh it/ as a witnes to the Reading & publishing of the said will, and this deponent further sayeth that he cannot remember that there were any questions asked the said Phillippe at the finisheding of the said will, other then as some of the overseers (but whome in particular this deponent remembreth not) did aske him if he would sett his hand to the said will, and he said .I. And then it was demaunded of him if he did publish the same to be his last will, and he also answered .I. And then the said Phillip was demaunded by some in the Company if he would renounce all former willes and he likewise answered .I. or yes. by which answers this deponent did concaive that the said Phillip at the finishing of the said will was of perfect sence sense and memory. and more in effect he sayeth he cannot depose to the interrogatory vppon his now present remembraunce./

That for ought he doth knowe or could perceive the said Agnes the ‸⸢late⸣ wife of the said Phillip was not sick at the tyme of her said husbandes death for this deponent sayeth he did ‸⸢once⸣ see her goe vppe and downe the house and she being a verie aged woman, was in the same estate of Bodye to this deponentes seeming that she was of when this deponent first knew her and as she now is ‸⸢of⸣ age onely excepted, And this he sayeth is as much as he can materially depose to the interrogatory./

That the Instruccons that Phillippe Henslowe Caused to be drawen on the ffriday before he died ‸⸢& which mr Cole rett as aforesaid⸣ were subscribed or marked with his the said Phillips owne hand and as this deponent rembreth,the same were likewise by him sealed at that tyme, and this deponent doth well remember that by those instruccons there was la certeine land given to Phillip Henslowe the sonne of the now Complainant but what land that was in particular or when the said Phillip the younger was to receive and take the ⸢profites⸣ thereof this deponent remembreth not

That he did never see any former will that the said Phillip Henslowe deceased had made neyther did this deponent ever know or heare that the said Phillippe confesse or saye that he had made any other former will otherwise then as vppon some Conference which this deponent had with him in his sicknes the said Phillip one while sayed he had made a former will and another while denied that he had made any, as this deponent hath before declared in his answer to the seventh Interrogatory, and more in effect then what he hath deposed in the said answer touching that matter he sayeth he cannot depose to the Interrogatory/

That it is more then he knoweth or can remember whether at the first Instruccons that were written vppon the ffridaye for the makeing of the said will that it was the meaning of the said Phillip that his said wife should have all the goodes Chattells & leases vnbequeathed and not formerly given by the said will) to her and her heyres for ever, ‸⸢or no⸣ as by the article is questioned, neyther can this deponent declare whether it was the said Phillipps meaning vppon the ⸢said⸣ first Instruccons given, that his said wife should have the premisses ‸⸢or anything to her given⸣ any longer then during her during her life onely or no/ noe more can he depose to the interrogatory. . To the rest of the interrogatories he is not to be examined by direccion/

(signed) Iames Archer

f 29 (1 June) (Edward Ferrers' deposition)

Edward Ferrers Cittizen and mercer of London aged 40 yeares or there aboutes sworne and examined &c deposeth and saith To the ffirst Interrogatory That he doth knowe the parties named for Complainant and defendantesin this suite And saith that he hath knowne Agnes Henslowe and mr Allen two of the defendantes these twentie years And Iohn Henslowe the plaintiff and mr Cole the other defendante some Eight yeares past or thereaboutes as he now remembreth./

That he did verie well knowe Phillip Henslowe deceased in the Article named the space of Twentie yeares before his death./

That he being A familiar friende and acquayntance and often in the Company of the said Phillip Henslowe for dyvers yeares before his death and sometymes seeing him the said Phillip suddenlie sick and ill at ease did often advise him the said Phillip to make his will in writing and settle his estate which he often saide he would doe and afterwardes he the said Phillip did tell this deponent that he had done made his will in writing but did not at any tyme to the now rembraunce of this deponent declare vnto or affyrme vnto this deponent what he had thesaid Phillip had thereby gyven or setled vnto or vppon his kynred. otherwise than the And more materially saith he cannot depose to this Interrogatory./

That he hath heard the said Phillip Henslowe in his life tyme ‸⸢affyrme &⸣ often saie that Mr Allen had should not be the better for him the said Phillip at his decease for that he had had enough of him the said Phillip alreddy or to that effecte/ And more materiallie to this Article saith that he cannot depose

That in the death bed of the said Phillip Henslowe he this deponent did not heare him the said Phillip speake of any such matters as are questioned in tharticle But saith that some three or ffower yeares before that this deponent being A meanes for Iacob meades takeing the one halfe of the Bearegarden of him the said Phillip Henslowe for the Terme of one and Twentie yeares and he the said Phillip therevppon demaunding bondes of him the said meade for performance of Covenantes in the said Lease it was ‸⸢then⸣ questionable concerning the said bondes to whose handes the same might come if the said Philip should dye And therevppon the said Phillip affyrmed and saide that meade needed not to take care for that: ffor quoth the said Phillip the Bearegarden shall come to my brother William to whome you meaning the said meade will I hope be a friende in the mannageing thereof as yow have beane to me or to that effecte And more to this Interrogatory this deponent saith he cannot depose for he saith that he remembreth not that the said Phillip did then speake of any other thinge that he* would gyve to his brother william or when he the said william should have the benefitt of the said Bearegarden./

That he never saw any such former Will as this Article mencioneth But this deponent about some two daies before the death of the said Phillip hearing that he was dangerouslie sick did repayre to him the said Phillip and saith that <...> amongest other speeches he this deponent did then aske the said Philip whether he had made his will and settled his estate or not whereto he aunswered that it was done And more materially to this Article saith he cannot depose.

To the rest he is not examined by direccion./ (signed) Edward fferrers

ff 10–11 (1 June) (Jacob Meade's deposition)

Iacob Meade of the Parish of St Olave in the Borough of Southwarke and Countie of Surry waterman aged 58 yeares or thereaboutes Sworne and examined &c deposeth and saith to the ffirst Interrogatory that he doth knowe Iohn Henslowe named for the Complainant and Agnes Henslowe Edward Allen Esquier and Roger Cole gentleman named for the defendantes in this suite And hath knowne the said defendantes these twentie yeares past or vpwardes. And the plaintiff some twelue yeares past or thereaboutes./

That he did knowe Phillip Henslowe late of the Parish of St Saviour when in Southwarke aforesaid when he was lyving late husband to the defendant Agnes Henslowe, and this deponent knewe him for the space of fower or five and Twentie yeares together before his the said Phillips death./

That he cannot certenlie saie what freehould landes and Tenementes the said Phillip Henslow dyed seazed of scytuate lyeing and being within the Borough of Southwarke or elsewhere onelie this deponent saith that he doth knowe that the said Phillip at the tyme of his death by himself and his tennantes (whereof this deponent was one) was possessed of dyvers landes and Tenementes lyeing and being within the Counties of Surry and Middlesex, as namelie ‸⸢of⸣ the moyetie of the Playe howse called the ffortune in Middlesex the beare garden the Pyke Garden with about some thirtie or betweene thirtie and fortie Tenementes thereto neere adioyning at or vppon the Bancksyde in Surry but of what yearelie value the same premisses are of this deponent saith he cannot certenlie sett downe./ onelie this deponent saith that he being Tennant of the said Bearegarden doth now paie to the said Agnes Henslowe an hundred poundes a yeare rent but howe the rest of the said premisses are now letten this deponent saith he cannot sett downe saving he saith that he remembreth that the howse or Tenement wherein the said Phillip Henslowe dyed is now letten to one George Angell at xxx ^li. a yeare rent:/ And more to this Article this deponent saith he cannot depose for which of the said premisses or what parte thereof is free hould and which Lease hould landes this deponent cannot certenlie sett downe howbeit he saith that he knoweth that the Boares heade and the Pyke garden are free hould landes, with other landes thereaboutes lyeing which mr Henslowe purchased of one Mounson./

That to the former parte thereof he can saie noe more then as to the third Interrogatory is deposed, And touching what plate goodes chattelles debtes and howsehould stuffe or reddy money the said Phillipp was possessed of at the tyme of his death or to what value they came to this deponent saith he cannot certenlie saie; but he saith that hee knoweth that the said Phillip Henslowe at his death was possessed of beares and bulles and other ‸⸢°beastes and° ⸣ Cattell belonging to the said Bearegarden worth about fiftie poundes wherewith this deponent was Charged and the said Phillip Henslowe at his death had xv ^li. or there aboutes in reddy money in the howse as one⸢mr⸣ Edward Allen tould this deponent And besydes this deponent knoweth that the said Phillip was then possessed of good stoare of howhould stuffe of all sortes vsuall for one of his calling to have with some plate and many suites of players apparrell and some debtes were then also oweing him of this deponentes knowledge but to saie certenlie what those debtes were or to what value the said howsehould stuffe plate and players apparrell whereof the said Philip was soe possessed at his death might amounte vnto this deponent cannot possiblie doe it And more he saith not to this Article./

That he knoweth it not but hath heard the said Phillip Henslowe in his life tyme saie that Iohn Henslowe the now plaintiff was oldest sonne of his the said Phillips older brother Edmond Henslowe or to that effecte And the said Phillip would allwaies saie that he Phillip the sonne of the said Iohn Henslowe should be his the said Phillip Henslowes heyre./

That he knoweth not but hath heard the said Phillip Henslowe in his lifetyme often saie and affyrme that he had made his will and thereby in writing and thereby had setled the most parte of his estate amongest his kyndred as namelie that he had gyven to Iohn Henslowes sonne Phillip the inheritaunce of the Pyke Garden and the landes which he purchased of Monson. and to ‸⸢Agnes⸣ the syster of the said plaintiff Iohn Henslowe the ⸢&⸣ now wife of william | Parsons the Boares heade and all the tenementes thereto belonging or therewith purchased and to his Brother william Henslowe the Be his the said Phillips estate in the Beare garden with all that belonged thereto or to that verie purpose soe neere as this deponent can nowe call to mynde./ And more he saith not to this Interrogatory./

That he hath heard mr Allen himself synce the death of the said Phillip Henslowe saie and affyrme that he the said mr Allen and mr Cole in the tyme of the last sicknes of the said mr Henslowe did demaunde of him whether he had made his will or not and that he thereto aunswered that he had made his will and then they being desyrous to see it he the said Henselowe tould them they should see it to morrowe or to that effecte he then not having the same in the howse where he laie sicke as he pretened/ wherevppon as mr Allen also tould this deponent he mr Cole and he the said mr Allen on the morrowe seeing the said m Phillip Henslowe to be verie sick and they (as mr Allen saide) then thinkeing that the said Phillip had made noe will did perswade him to make a will And n or to that effecte And this deponent saith that he cannot otherwise or more materiallie depose to this Interrogatory for if there were a newe will made by the said Phillip at the perswasions of them the said mr Allen and Cole as Mr Allen signified vnto this deponent yet whoe were therein named over seers or Executour or executours this deponent knoweth not nor hath heard to his now remembraunce nor can tell if there be any overseers or executour or executours therein nominated whether they or eyther of them were named by the said Phillip voluntarylie and of his owne will or not/

That he hath heard the said Phillip Henslowe in his good health in his life tyme not soe fewe as twentie tymes saie and affyrme that mr Allen should never haue any thinge to doe with his will the said Phillips will or estate more then Allen when he was sicke likelie to dye <.....> let suffer him the said Phillip to have of the said Allens estate which was nothing or to that effecte./

That he knoweth not other then by the reporte of mr Allen whoe tould this deponent that he the said mr Allen and mr Cole or the one of them some shorte tyme before the death of the said Phillip Henslowe and when he was verie weake and sick did bring the pretended will aforesaid newe will vnto him the said Phillip to have him to subscribe the same and that hee would have written vppon it (but could not) in allowaunce thereof, but by reason of his weakenes could not. or to that effecte And this deponent did heare the said mr Allen mr Cole and the other that were present at the makeing of the said pretended will ‸⸢or most <........> of them⸣ saie that mr Henslowe was then weake of memorie./ And more he saith not to this Interrogatory.

That he can saie no more in effecte therevnto then as before he hath said in his aunswere to the sixt Interrogatory./ saving that the said Phillip Henslowe did also tell this deponent that william Henslowe his the said Phillips brother should enter vppon the premisses ymediatlie vppon and after his the said Phillips death./

That he can saie nothinge to this Interrogatory./

That the wife of the said Phillip Henslowe was sickly at the tyme of his death as she had beene for a quarter of a yeare before but in noe such extremitie as that she was not like to lyve two daies as by the Article is intended for she did not then for sake her meate to the knowledge or vnderstanding of this deponent./

That he can saie noe more thereto then as to the sixt Interrogatory as before deposed Saving that he this deponent did never see the said former Will./ That he is altogether vnacquayinted with the meaninges therein questioned./

To the rest not examined by direccion./

(signed) Iacob Meade

ff 12–13 (1 June) (Robert Bromefield's deposition)

Robert Bromefield of the Parish of St Saviour in the Borough of Southwarke & Countie of Surry gentleman aged 43 yeares or thereaboutes sworne and examined etc deposeth and saith To the ffirst Interrogatory That he doth knowe all the parties named for Complainant and defendantes in this suite And hath knowne the said defendant Agnes Henslowe these xxxty yeares the defendant mr Allen these xxty yeares & vpwardes And mr Cole some sixteene yeares and vpwardes and the plaintiff Iohn Henslowe but synce the death of Phillip Henslowe late husband to the said defendant Agnes./ which was about Christmas last past./

That he did knowe Phillip Henslowe in the Article named above twentie yeares before his death./

That he neyther knoweth nor hath heard that the defendantes Allen and Cole or eyther of them did perswade the said Phillip Henslowe to make a newe will or to gyve vnto the said other defendant Agnes all his wholle estate for Terme of her life as by the former parte of the Article is intended./ But this deponent knoweth that mr Allen one of the now defendantes did move the said Phillip Henslowe in the tyme of his last sicknes to make his will and <.....> therevppon ‸⸢°& vppon the mocion of some others then present with him he ° ⸣ he the said Phillip Henslowe did make his will ‸⸢°in wrighting or at least did giue directions & Instructions for the same° ⸣ being the same which is now in question And saith this deponent saith that the said Phillip did ‸⸢then⸣ of himself without the perswasion ‸⸢or nominacion⸣ of any whatsoever nominate and appoynte the said Agnes his wife to be his sole executrix And saith that mr Allen demaunding of the Testatour whoe should be his overseers mr Henslowe aunswered nothing And therevppon mr Allen nominating this deponent and Mr Cole vnto him and thereto ‸⸢&⸣ this deponent replyeing tha that mr Austen was a gentleman neere dwelling and one that was fitter to make ‸⸢one of⸣ his the said Testatours overseers then this deponent and therefore praied ⸢°praying°⸣ that himself this deponent ⸢°he this deponent°⸣ might be spared: mr Henslowe presentlie named this deponent ‸⸢°& the aforesaid mr Allen to be°⸣ his overseers And then mr Allen demaunding of him the said Testatour whoe he would have else & he therevppon named mr Austen and then mr Allen askeing of the Testatour whether he would have any other overseer besydes this deponent and mr Austen he the Testatour thereto replyed vppon named the said mr Cole for the other overseer./ And more he cannot saie to this Article./

That the will now in question was by the defendant mr Cole brought to the Testatour to subscribe and allowe of about ‸⸢three⸣ fyve of the Clock in the afternoone of the daie before his death hee dyeing about nine or Tenn of the Clock at night next following./ And this deponent saith that the same will being soe brought to the Testatour it was reade to him by the said mr Cole at the reading whereof the said Testatour tooke some excepp accepcions about his legacies of poores gownes and the said Cole asking him whether they <.....> were too many or to fewe or to that affecte the said Phillip aunswered that he would have more and be berried like one of the kinges servantes and then added to his poores gownes and made them fortie whereas before they were but twentie or thirtie. And then ⸢°when°⸣ the said Cole ‸⸢was⸣ reading further ⸢in⸣ the said will concerning the devising of the Testatours landes and the reading that parte of the will wherein he did gyve vnto Phillip Henslowe sonne vnto the plaintiff the landes called the Pyke garden the Testatour caused him to staye againe and said I have gyven him more then that And then it was aunswered to him againe that it was true that he had gyven the said Phillip thother the inheritance of other landes by the same will which landes the said Testatour had gyven to his the said Testatours syster during her life as by the same will may appeare wherewith the said Testatour being satisfied ‸⸢°soe sayd & then°⸣ mr Cole reade on till he came to A Clause in the will that if any of the Legatees did goe about to disable the same will or the legacies therein bequeathed then the same legacie of the such Legatee to loose the same and it to reverte vnto the defendant Agnes or to that effecte And then the said Testatour caused ‸⸢willed⸣ the same Clause to be reade againe which was reade accordinglie And therevppon the Testatour said that he would not have the Clause to rumaine soe for saide he my wife is an ould wo (meaning the defendant Agnes) is an ould woeman and cannot struggle or deale with vnrulie <..> such as should goe about to overthrowe the said will And therefore I would have the legacie of such person offending to come to his my sonne Allen or | to that effecte and according to such his direccion the same Clause was then amended And the said will being then reade out wax was put to the same and his the said Testatours seale ringe being sett to into the same he the said Testatour tooke it of and then penn and Inck being gyven him to subscribe the same will withall he endeavoured to sett his name to the same but his sicknes being A deade palsye his hande did soe shake as that he was not able to write his name but he scrabled A marke thereto as may appeare by the same will. By all which passages this deponent doth gather that the said Testatour was of ‸⸢good⸣ sense and memorie at that tyme./ And this deponent saith that he doth not remember that the said Testatour was ‸⸢not⸣ any waie importuned or dealt withall to subscribe his name to the said will or allowe thereof other then as aforesaid./

...

That he did heare Phillip Henslowe at the tyme when he made his will and never else saie that he would gyve his lease of the beare garden vnto his brother William Henslow ‸⸢whome this deponent taketh to be the said Testators brother which is⸣ nominated in his the testatours will. And when this deponent heard him soe saie this deponent likewise heard him the Testatour saie that ‸⸢his wife the now⸣ the defendant Agnes should have the same Bearegarden during her life and that he would not gyve any thinge from her during her life or to that effecte./ And further to this Article this deponent saith he Cannot depose./

That to the former parte thereof he cannot depose and to the rest he saith that hee did not drawe the said will into forme nor can therefore more depose to ‸⸢the rest⸣ that parte of the Article other then before he hath deposed to the nynth Interrogatory/

That he was present when the will in question was reade vnto the testatour And there were then also present the said Roger Cole Edward Allen one Iames Archer the minister and one Shepheard servant vnto mr Cole and none else that this deponent can now call to mynde And whether there were any put forth of the Chamber when the will was in reading yea or noe this deponent knoweth not for his this deponentes back was towardes the doare But this deponent saith that he doth remember that there were one or two called up after into the said Chamber after the reading of the will to be witnesses thereto. And to the following questions of the Article this deponent can saie noe more then he hath before deposed to the nynth Interrogatory./

That he doth knowe that the said Agnes the wife of Phillip Henslowe was sicklie at the tyme of the death of the said Phillip and by reason of her age ‸⸢°& the weakenes of body°⸣ not likelie to lyve longe but ⸢°to say that°⸣ she was not then of such state of bodie as that she was not likelie to live two daies ‸ after that tyme as by the Article is supposed°/ is more then this deponent can depose vnto.°

That the Instruccions which Phillip Henslowe caused to be drawne on the ffrydaie were sealed by the said Phillip and his name subscribed thereto with his owne hande And saith that the land which was gyven to the plaintiffes sonne Phillip Henslowe in those Instruccions was and is the same that is sett downe ‸⸢°&°⸣ gyven to him in the will now in question and none other And as by those Instruccions he the said Phillip was to receave the proffittes of the same landes at such tymes as in the questioned will are specifyed and none other./

That he doth not knowe nor did he ever heare the said said Phillip Henslowe in his lifetyme Confesse that he had made any other will then that now in question neyther hath this deponent ever seene any other will of the said Testatour./

That he taketh it that it was the meaning of the ‸⸢°said Mr Phillip Henslow & by him so pronounced at the tyme of the °⸣ first Instruccons taken on the ffrydaie for the makeing of the said will that the defendant Agnes should have all the goodes chattells and leases of the said Phillip left unbequeathed and not formerlie gyven. to her and her heyres for ever for she was therein nominated as sole executrix./ ‸⸢°& he did say two tymes that his wife should haue all and that he would not giue anything from her while she lyved°⸣ To the rest not examiined by direccion./

(signed) Robert Bromfyld

ff 24–5 (15 October) (Edward Gryffyn's deposition)

Edward Gryffyn of the parishe of St Saviors in Southe Warke in the county of Surrey gentleman aged 61. yeares or thereaboutes sworne &c./

That he doth very well knowe all the parties to this suyte bothe complainant and defendantes. the complainant he saithe that he hathe knowen some 9. or 10. yeares or thereaboutes. and the defendantes he hathe knowen any tyme these Twenty yeares or thereaboutes/

That he this deponent was but once with Philipp Henslowe in the article named in all the tyme of his last sicknes whereof he dyed; and that was vpon the Saterday about 3. or 4. of the Clock in the afternoone and he the said Philip dyed about 8 or 9. of the clock that eveninge followinge. And he saithe that when he came to the said Philips chamber doore thinkinge he have gone in to see him, he was awnswared by a woman that did attend him, that they weare a litle busie within, & that this deponent should come in by and by. wheareupon this deponent went into an other romthe there hard by. and he had stayed there but a litle while. but he was called for to goe into the said mr Henslowe, soe this deponent went ymediatly into the saide Philips Chamber wheare he laye sicke in his bedd. And vpon his then cominge into the chamber he there fownd the defendantes mr Allen mr Cole, one mr Iames Archer a mynister and mr Bromfeild & others. And he saithe that one of the company (but which of them it was he dothe not nowe certenly remember) did wishe this deponent to goe to the said mr Henslowe & to question with him to see in what good sense & memory he was. wheareupon this deponent went to the said mr Henslowes bedd side and findinge of him to lye much afflicted with the Palsey this deponent towld him that he was sorry to see him soe ill. and asked him if he knewe him this deponent. and he the said mr Henslowe that thancked him & saied that he did knowe him. whie saied this deponent whoe am I. mr Griffyn. awnswared the said mr Henslowe. And soe this deponent fyndinge ‸⸢him⸣ vnwillinge to speake, did not aske him any more questions. And whither he the said mr Henslowe weare then of good memory and vnderstandinge yea or noe this deponent saithe that he knoweth not certenly what to saie or thincke thereof. but havinge sett downe what he saied vnto him & What his awnsweares weare he leavethe that to the consideracion of this honourable court, And he saiethe further that by & by after they all went to prayers by him. and prayed very earnestly by his beddes side & when they had done the minister asked him the said mr Henslowe if he did heare them praye for him or some such like woordes and he awnsweared noe: And soe within a while after this deponent went out of the chamber and never was sawe him after. And this is all that he can saie to this Interrogatory vpon his nowe present remembrance./

That he this deponent was one of the Appraysours which did apprayse of the reall & soe much of the personall estate of him the said Philipp (signed) Edwarde Griffins |

Henslowe as was brought vnto them to be appraysed. And he saithe that he and others did apprayse them accordingly. but to what value the personall estate of him the said Philip soe appraysed by him this deponent & the rest did amownt vnto he dothe not nowe certenly remember but in that behalf he referreth himself vnto the Inventory whiche was made & taken thereupon. And he saithe that himself and the other Appraysers did see & viewe all the goodes and chatels soe by them appraysed save onely, the T leases and the causes whie they appraysed them. and did not see them was partely ⸢weare⸣ because one of the appraysers namely Gilbert East b was one that was very famylier & daylie conversant with him the said mr Henslowe, and enformed them out of his owne knowledge what euery lease was, and of whome he the said mr Henslowe bought them & what he paied for them, And then besides the defendant mr Allen did produce and shewe them a booke whearein the said mr Henslowe had sett downe vnder his owne hande what every lease cost him and of whome he bought them. And soe when they sawe that the same booke did agree with mr Eastes report, they thought it needlesse to trouble themselues with the perusall of the leases but vpon the said instructions did apprayse them as they thought them to be worthe which he thinckethe they might as well doe as if the leases themselves had been shewed vnto them And further this deponent saithe That he is sure that himself & the other appraysors did not apprayse any Players apparrell nor any Beares Bulles or hogges. for he saithe that there weare noe suche thinges offered vnto them to be praysed. when they praysed the rest of the goodes & personall estate. And he saithe that he dothe not knowe of any Truncke or Trunckes of apparrell or other thinges of the personall estate of him the said mr Henslowe that was or weare conveyed awaye and not brought vnto them to be appraysed. And neither dothe he knowe whither they did apprayse all the whole personall estate of him the said Philipp Henslowe yea or noe. but he is sure that they appraysed soe much as was brought vnto them to be appraysed. And this he saithe is asmuch as he can saie to this Interrogatory vpon his nowe present remembrance/

To the rest he is not examined by Dyrection

(signed) Edward Griffins

f 28 (16 October) (John Pickett's deposition)

John Pickard of the parishe of St Saviours Southeworke neere London Tayler aged 54 yeares or thereaboutes sworne &c.

That he dothe very well knowe all the parties to this suyte bothe complainant and defendantes. And he hathe knowen them all any tyme these 16. yeares or thereaboutes.

That he this deponent was one of the Appraysers that did prayse the personell estate of him the said Philipp Henslowe, or at least as much thereof as was brought to theire handes to be praysed but he dothe not remember that there weare any Iewelles or money brought vnto him. nor did they apprayse any Beares. bulls. or hogges. for noe such thinges he saithe weare offered to them to be appraysed; And he saithe that the leases which they appraysed they did not see, and therefore he dothe not remember what they weare; nor for howe many yeares they or any of them weare to endure, but he saithe that they valued & appraysed them. vpon the reporte & enformacion of the defendant mr Allen & of one Gillbert East that was one of the appraysers, and one that tooke vpon him to knowe all the leases. And as he thinckethe there was alsoe shewed vnto them some booke or writinge which did mencion all the said leases. And he saithe that all that they did then apprayse at the first tyme (for the first tyme he saithe that they did not apprayse any players apparrell) came to a matter of 1700 ^l. or thereaboutes as he nowe remembrethe the same. And whither they appraysed all the personell estate of him the said mr Henslowe yea or noe he is not able to saie. but he saithe that they appraysed soe much as was offered & brought to them to be appraysed. And he saithe that afterwardes himself this deponent & one mr Daborne weare requested to apprayse some certeyne players apparrell as belonginge to the estate of him the said mr Henslowe, and that apparrell he saithe that they did apprayse to some 44 ^l. or thereaboutes. And this deponent for his owne parte saithe that he dothe not knowe of any truncke of apparrell or other goodes or estate of him the said mr Henslowe which was conveyed awaye & not brought vnto them to be appraysed. but that which was brought they did aprayse & more then that they did not medle with all nor knowe of to his knowledge. And this he saithe is asmuch as to his nowe remembrance he can matereally saie to this Interrogatory.

(signed) Iohn pickett

To the rest he is not examined by dyrection/

ff 26–7 (16 October) (Randall Wood's deposition)

Randall Wood of the parishe of St Saviour in Southworke neere London Tayler aged 37 yeares or thereaboutes sworne & examined &c/

That he dothe very well knowe all the parties to this suyte bothe complainant and defendantes. And he hathe knowen them all some dosen yeares or thereaboutes/

That he this deponent was put in ‸⸢°trust°⸣ charge by Philip Henslowe in the Article named for the keepinge of the Players apparell and for receavinge of certeyne moneyes for the galleries: by reason whereof this deponent had often tymes recourse vnto him the said mr Henslowe in the tyme of his healthe & alsoe in the tyme of his the said mr Henslowe s last sicknes. And he saithe that he this deponent was with him the said mr Henslowe vpon the ffriday morninge next before his deathe about 9 of the clock. And this deponent saithe that he fownde him the said mr Henslowe then very ill. & full of payne as he conceived him to be, for this deponent saithe that he asked him diverse questions, as howe he did and what this deponent should doe with the Players clothes. and he the said mr Henslowe would not make him any awnsweare at all then this deponent vrged him the said mr Henslowe to tell him if he knewe him this deponent yea or noe, whoe answeared yes. Wood And further this deponent moved him to make his will & to setle thinges in good order wheareunto he the said mr Henslowe ‸⸢°answered°⸣ that he had made a will which would be fownd if he weare dead but with all that he hoped he should doe well enough or wordes to some such effect. and for that tyme this deponent lefte him and came not agayne vnto him vntill the next daye bein about 8 or 9 in the morninge, and he died that eveninge followinge. And he saithe that he then fownde him the said mr Henslowe as he conceived in greate extremytie & weaknes and soe much laboringe for breathe as that he swett very much. and then this deponent entreated him the said mr Henslowe to sett thinges in good order for that this deponent feared he should have much trowble if he the said Henslowe shoulde dye or woordes to some such purpose. but he saithe that he the said mr Henslowe made him noe awnsweare at all to any thinge that this deponent spake to him about ‸⸢°that matter°⸣ And then the defendant mr Allen beinge there in the chamber withe him willed this deponent to lett him alone & not to trouble him any further and thereupon this deponent spake noe more to him but went awaye and was neuer with him afterwardes. And this deponent saithe that for his owne parte he dothe verely beleeve in his conscience | that he the said mr Henslowe aswell vpon the said ffriday as on the said Saterday when this deponent was soe with him as aforesaid was not of soe sufficient sence & vnderstandinge, as that he was at other of those two tymes able or fitt to make his will and to dispose of his estate. And this is all he saithe to this Interrogatory

That he this deponent was not any of the Appraysers that did apprayse the personell estate of him the said mr Henslowe, nor was he present at the appraysinge of any of the goodes of him the said Mr Henslowe save onely certeyne apparrell of the Players. which came to a matter of Three or ffower and fforty powndes or thereaboutes: And he saithe that he knowethe that there was a certeyne truncke of apparrell which weare the goodes of the said mr Henslowe, which was neuer brought to the appraysers to be praysed, but as he thinckethe the nowe defendant mr Allen hathe the same. and what the apparell in that truncke was worthe he knowethe not. And he doth not remember of any more goodes or other thinges of the personeell estate of him the said Philip Henslowe that weare conveyed awaye and not brought to the Appraysours to be praysed. And this he saithe is asmuche as to his nowe remembrance he can matereally saie to this Interrogatory

To the rest he is not examined by dyrection/

(signed) Randooll Wood