Court of Exchequer: Bishop of Winchester v. Edward Alleyn and Jacob Meade

Item 185, mb 1 (Bill of Complaint)

hillarij anno xix ^mo Regis Iacobi

To the right honourable Lionell Lord Cranfeild
Lord high Tresorer of England, the Chancelor
of the Exchequer, Sir Lawrence Tanfield cheif
Baron of the Exchequer & the rest of the Barons there./

Sheweth vnto your Lordshipes Honnores your Orator Lancelot Bishop of Winchester; debtour to his Maiestie in diuers somes of mony againste Edward Allen of Dullwich And Iacob Meade of the parishe of St Sauiours in Southwarke in the County of Surrey that whereas Stephen Gardiner one of your Oratours predecessors Bishop of Winchester was in the one and thirtie yeere of king Henry the eight lawfullie seased in fee simple in right of his Bishoprique of and in certaine Capitall Mesuages and tennementes Called the Bardge the Bell and the Cock with the appurtnances appurtenaunces lying vpon the Bancke then called the Stewes in the parishe Now Called St Saviours in the County of Surry and being so seised did by his deed bearing date the same yeere of the said king Henry the eight demise all and every the said Capitall Mesuages and tennementes called the Bardge the Bell and the Cock with the appurtenaunces to one william Payne then of Southwarke yeoman to haue and to hould all and every the premisses to the said william Payne and his assignes for Nyntie Nyne yeeres from the feast of Thannuntiacion of our Lady Next ensuing the date thereof vnder a yeerly rente as in the same deed ready to be shewed forth to this honorable Courte more Lardegely appeareth in which deed also the said Capitall meases and tennementes so demysed as aforesaid and thus and according to the truth, bounded and abutted that is to say they are expressed to be abutting and lying againste the kinges high<.> way next to the water of Thames on the Northe and againste a tenement called the rose on the East side and againste a tenement some tymes the Lady of Stratfordes on the weste side & againste alane Called mayden lane on the southe side which boundaries are and weere and ought to be acknowledged the true and ancient limites and boundes of the said demised meases and tenementes being of the antient sesne and inheritance of the bishippirique of winchester and your said Orator further sheweth that the same lease so made by his said predicessours yet contineweth and by diuers meane Conveyances the intereste thereof is come to one william Henslowe and Iacob Mead and he further sheweth also that the said Edward Allen as in right of Ioane his wife by diuers meane Conveyances Claimeth and pretendeth a lease for yeers also yet Continewing made firste to one Livesey and one Gore in the seven and thirtith yeere of the raigne of the late Quene Elizabeth. by the said Queene of certaine landes belonging to the Crowne and adioyning thereby to the said mease and tenementes demised by the said Stephen Gardiner Now so it is may it please your good Lordshipe that through longe Continewance of tyme and the divers alterationes of signes boundes and limetes and the names of signes boundes and limetes (by which the said premisses so demised by the said Stephen Gardiner were at the tyme of the said demise truely and exactly as aforesaid knowne), Caused by the seuerall tennantes inhabiting in the said demised premisses and Clayming vnder the said longe lease of Nynty Nyne yeeres together by reason of such encrochementes as haue beene purposely made by the Neighboring tenauntes vpon the said demised premisses some doubte hath been of late tyme touching the true limites and boundes of the said Meases and tenementes so as aforesaid demised and especially both the sayd Edward Allen hauing vnder his said pretended lease from the Crowne some possessions next adioyning to the said Meases and tenementes and others through whome he the said Allen deriues his said pretended interest. (especially one Philipe Henslow long since dead having together occupied vsed and enioyed bothe the premisses demised by the said Stephen Gardiner and the said landes and tennementes of the Crowne) as also the said Iacob Meade clayming Intereste in the premisses haue much endeuored to alter confound and obscure the limetes and boundes of the said Meases and tennementes being of the antient possession and enheritance of the said Bishopprique to the end that they might thereby the safer and with more Colour encroch vpon the said possessions of the said Bishopprique and so vniustly Ioine them to that which they possessed vnder the said pretended Lease of the Crowne landes and they the said Edward Allen and Iacob Mead haue also gotten into <...> and now haue or haue had, or one of them hath or hath had in his or their handes diuers surveyes leases and Counterpartes of leases and diuers other kindes of writinges and evidences by which the cleere Certainty of the said boundes and limites together with there names may and Now might be knowne if they weere produced And the same surveyes leases and other the said evidences and writinges the said Edward Allen and Iacob Meade or one of them Conceale from your said Orator purposely to the end that the limites and boundes of the demised premisses and there names may not be sufficiently knowne that so they may by these ‸⸢their⸣ said incrochementes and concealementes defeate your said Orator and his successors of a good parte of the said antient possessions and enheritance of the said Bisoprique, and the said Mead hath and knoweth of diuers other testimonies both touching the said limits & bounds and also touching the true limits and bounds of the meases lands and tenements which the said Allen and Meade themselues claime as aforesaid by lease from the Crowne which he the said Mead (having liued their aboutes and being well knowne to and acquainted with such aged persons as haue heretofore had notice of the truth herin) long since learned but doth as much as in him lyes suppressed them to thend only that they the said Allen and Meade may so make good theire owne incroachamentes vpon the said possessions of the said Bishoprique and to that end also the said Allen, presuming vpon your Oratours want of such testimonyes as ‸⸢he⸣ purposly Concealeth & suppresseth from your Oratour touching the premisses he hath lately Caused an information to be exhibited against your Oratour and the said Henslow and the said Iacob Meade in his Maiesties Courte of Exchequer Chamber before your Lordships pretending therin that a greete parte of that which is of <.>righte of the enheritance of the said Bishopricke belongeth to him as lessee to the Crowne and hath Ioyned <..> the said Meade with your Oratour in the said suite in the exchequer only to the end that the testimony of the said Meade which might make for your Oratour might be so taken away wherefore in Consideration of the premisses & in regard that without the sight and knowledge of those testimonyes as aforesaid touching the said boundes and Limites your Oratour Cannot be sufficientlie instructed to know within what limites and boundes the said inheritance of his Bishopricke he may destrayne for the said rentes so as aforesaid reserved & that the particulers of them are such so unknowne to your Oratour that no remedy is lefte him at the Common Lawe to recouer or haue sight or sufficient knowledg of them & also in regard that the euidences that comprehend the limites and boundes of the Meases Landes & tennementes Claymed or possessed by the said Allen vnder the said lease from the Crowne will giue greate light for certainty of the limites & boundes of your Oratours enheritance in regarde also that the declaration & expression of the Alterations which haue bene within the Memory of the said Meade, ⸢of⸣ as the howses signes lands & such like within the premisses, will giue greate light in this case & to the end also that the said Edward Allen & Iacob Meade may theirfore expresse and declare vpon their Corporall oathes what evidences or writinges what soeuer touching the premisses or limittes & boundes of the premisses they or eyther of them haue or haue had in there or eyther of there Custody or know of & where they are & what writinges or euidences they or either of them now haue or haue had or knowne of touching the true limites of the Meases landes or tennementes in which they pretend to haue interest by the said lease from the Crowne & that by the othe of the said Meade A particuler expression may be had of what alterations of howses signes lands limites sewers allies buildinges & all other like there hath been or haue happned within the vtmost of the limites or boundes aforesaid May yt please your Honors to graunt to your said Oratour the Kinges Maiesties most gratious write of subpena ‸⸢ to be directed to the said Edward Allen & Iacob Mead &⸣ Commaunding them at a certyane day to appeare in the Exchequer Chamber then and their to answere to the premisses & stand to and abide such further order as to the said Courte shall seeme fitte according to equity and good Consciance./

ffinis brevis de subpena

(signed) Laurence Tanfeilde (signed) I Story

Item 185, mb 2 (5 February 1621/2) (Answer of Jacob Meade)

The severall aunswere of Iacobb Meade one of the defendantes to the Bill of Complaint of the
Right Reverend ffather in god Launcelott Bishopp of Winchester Complaynaunt

The Benefitt of Excepcion to all and every the incertainties and imperffeccions of the Complainantes Bill to this defendant nowe and att all tymes hearafter saved and reserved to him that defendant hee this defendant saieth that as hee conceiveth this Bill is exhibited against him onelie to putt him to extraordynary expenses and Charges in the same hee being a man of seuerall abillitie and not able to conte<.>e in suite with the Complaynant, and not for anie iust cause or coloure of suite the Complainant can have against this defendant. And for aunsweare to soe much of the plaintiffes bill as concerneth him this defendant to make aunsweare vnto hee saieth that hee beleeveth it to bee trewe that Stephen Gardiner Late Bishopp of Winchester did aboute the tyme in the Bill mencioned graunt or make a Lease of the Capitall messuages or tenementes called the Barge the Bell and the Cocke in the Bill mencioned to William Paine in the bill named for the tearme of yeares in the Bill expressed, but howe the boundes or limittes of the said Capitall messuages or tenementes are bounded or abutted by the said leases this defendant saieth hee doth not knowe, And thearefore cannott expresse vppon his oathe of the Limittes or boundes of the said Capitall messuages or tenementes expresse in the said lease bee the true and auntient boundes and Limittes thearof; And this defendant saieth that hee claimeth noe interest in the said Lease <.> in anie other sort or manner than as hee is vndertenaunt to some parte of the said capitall messuages or tenementes to william henslowe in the Bill named, whoe as this defendant alloweth is solie interessed in the said Lease, And this defendant doth deny that he hath in <...>spect endeavoured to alter confounde or obscure the Limittes or boundes of the said messuages or tenementes or anie of them, neyther hath this defendant in anie sort whatsoever done or causte anie thinge to bee done wh<......> that hee or anie other should in anie sort incroache or intrude vppon the possessions of the Bishopp of Winchester in the bill mencioned And this defendant doth expresselie denie that hee hath in his hand or custody<...> which doth in anie sorte Conceale from the complainant anie Surveyes Leases or counterpartes of leases or anie other kinde of wrytinges or evidences whatsoeuer that did doe maye or can in anie sorte expresse or sett fforth the certainty of anie the boundes or Limittes of the said Capitall messuages or tenementes or anie the names thearof. And this defendant saieth that he doth not knowe of neither hath anie testimonies touchinge the saide Lymmittes and boundes or anie other the trewe Lymmittes and boundes of the said Capitall messuages or tenementes, neither did hee nor hath hee done anie matter or thinge whearwiith to suppresse the said testimonie or anie testimonies touchinge or concerninge the same And this defendant saieth that there was sutch an Informacion exhibited in this honourable Court as in the Complainantes bill is sett ffourth whearin this defendant was made a defendant with this Complainant and vnto which Informacion this defendant did make aunsweare vppon his corporall oathe accordinge to the trewth of his knowledge of thiez or others exhibited against him by the saide Informacion And beleeveth that the Informacion ‸⸢was exhibited vnto this honourable Court⸣ by the meanes or procurement of Edward Allen Esquire in the bill named, but to what end or purpose this defendant was made a defendant to the said Informacion hee saieth he knoweth not; And this defendant to geve a full satisfaccion to this honourable Court and to the <...> alteracions of the houses signes Lands Ly<...> Allies buildinges or anie of them mencioned in the said bill to bee made vppon the said Capitall messuages or tenementes demised as aforesaide to the saide William Payne and whearein the Complainant desireth to be satisfied as this defendant conceiveth hee this defendant saieth that hee came first to inhabitt and dwell vppon some parte of the said Capitall messuages or tenementes in the Bill mencioned aboute ffive and Twentie yeares sithence, and this defendant did then take notice that the said Capitall messuages or tenementes weare held and inioyed by Phillip Phillipp Henslowe deceased ‸⸢and Edward Allen⸣ in the Bill named, And the said Edward Allen vnder the said lease made to the said Payne by the said Stephen Gardiner late Bishoppe of Winchester, And this defendant did then allsoe vnderstand that the said Phillipp Henslowe and Edward Allen did hold some part of the crowne landes in the Bill mencioned which are next adioyninge and abuttinge to the said Capitall messuages or tenementes demised to the saide William Paine by the said Stephen Gardiner Late Bishopp of Winchester as aforesaid. And this defendant further saieth that hee did knowe that the said Phillipp Henslowe and Edward Allen did att that tyme paye a rent of xx li. per annum out of the Landes demised by the said Twoe seuerall Leases to the said Keyes and his wiffe or some other to theire vse, and to Iohn Malthouse whoe had then some interest in the said landes belonginge to the Bishoppricke of Winchester demised by the said Stephen Gardiner Late Bishopp of Winchester to the said Paine, which rent of xx li. was devided and paid yearlie to the said Keyes or his wiffe and the said Malthouse for the Landes houses and buildinges heareafter mencioned par particularlie as they weare belonginge to the Crowne or to the Bishoppricke of Winchester (That is to saie) to the said Keyes or his wiffe yearely xij li. for the hearbe garden and dogge yard beinge parcell of the Crowne Landes in the bill mencioned and next abuttinge or adioyninge vppon the said Messuages or tenementes demised as aforesaid by the said Stephen Gardiner Bishopp of Winchester to the said William Paine, And to the said Malthouse yearlie viij li. residewe of the said xx li. per annum and for the dwelling house, the game place wheare his Maiestes Beares and Bulles were vsed to be baited and sometime allsoe vsed for a Playhouse, the bearehouse, the Bullhouse, the Hey Lofte, a cottage and a stable all parcell of the said Capitall messuage and tenementes demised by the saide Stephen Gardiner to the said William Paine as aforesaid, And this defendant ffurther saieth that the saide game place then wholie standinge vppon part of the landes belonginge to the that Bishoppricke of Winchester, And the said Phillipp Henslowe hauinge afterwardes as it semeth by what meanes this defendant knoweth not obteined from the said Edward Allen the <.....> interest which the saide Edward Allen had iointlie in both the said vnder leases with the said Phillipp Henslowe, And the said Henslowe then hauinge <......> purchased as it semed to this defendant the interest of both the said leases from the said Keyes or his wiffe and from the said Malthouse, hee the said Phillippe Henslowe intendinge to newe build the said game place and to erect it and remove it into a more convenient place neare adioyninge and intendinge to make a foundacion thearof in such sort that if hee had proceeded in the erectinge and buildinge thearof then same would haue been built and sett as well vppon the said Landes belonginge to the Bishoppricke of Winchester as vppon the said Landes belonginge to the crowne but the said Phillipp Henslowe hauing consideracion howe preiudiciall the same might bee in time to come as aswell to the Crowne as to the Bishoppricke of Winchester, did erect and build the house nowe commonlie called the Hope playhouse wholie <.>ppon the crowne land mencioned in the bill and imployed the same for the said game place and for the playhouse, and soe the same hath been imploied <...> sithence the buildinges and ereccion thearof and is next abuttinge and adio adioininge on the Southside towardes Mayden Lane in the bill mencioned to the said Messuages or tenementes demised by the said Stephen Gardiner to the said William Paine, And this defendant further saith that the house called the dwellinge house, the Bullhouse the tenement, the haye loft, and the stable beinge ruinouse and standinge vppon the said Landes belonginge to the Bishoppricke of Winchester were pulled downe by the said Phillipp Henslowe in his liffe tyme ⸢and Edward Allen⸣ and on the ground wheare the said houses stood ‸⸢they⸣ <.....> did erect and build two houses in steade thearof, That is to saie the one beinge nowe a Taverne called the three dauncinge Beares, and the other the dwellinge ‸⸢howse⸣ whearin this defendant nowe dwelleth. And this defendant saieth hee cannott expresse anie other alteracions of the Landes belonginge to the Bishoppricke of Winchester in the bill mencioned then in this his aunsweare hee hath fformerlie expressed and sett fforth the same to bee without that that anie other matter or thinge in the Complainantes bill conteyned matteriall or effectuall in the Lawe to bee aunsweared, vnto and hearin not before confessed or avoided, traversed or denied is trewe to the knowledge of this defendant. All which matters this defendant is readye to averre and prove as this honourable Court shall award, And humblie praieth to bee from hence dismissed with his reasonable costes and Chardges in this behalfe most wrongfullie susteyned.

Prestitit sacramentum quinto die

ffebruarij 1621 coram me

(signed) Edward Bromley

(signed) Ro: Gosson

Item 185, mb 3 (18 May 1622) (Answer of Edward Alleyn)

The severall Aunsweares of Edward Allen Esquire on of the defendantes to the Bill of Complainte of
the right Reverend ffather in God Launcelott Bishopp of Winchester Complaynant./

The Beneffitt of excepcion to all and euery the incertaineties and insufficiencies of the Complainantes Bill to this defendant nowe and att all tymes hereafter served and reserved hee this defendant saieth that as hee conceiveth this Bill as exhibited vnto this honourable Court by the Complainant onelie to protract and delaye for a hearing the cause heare dependinge by the Infformacion in the Bill mencioned against the nowe Complainant and others to that Infformacion the same causes hauing for diuerse tearmes been ready for publicacion and the same by the nowe Complainantes delaies hindered and stopped from tyme to tyme. And this defendant doth the rather conceive and beleeve this bill to bee now exhibited for noe other cause than as aforesaid for that the bill nowe exhibited by the Complainant doth in ffact or substance conteyne noe other matter then to expresse the boundes and Lymittes of the Crowne Landes and the Landes belonginge to the Bishoppricke of Winchester in this bill mencioned which is allsoe the effect and <...> of the said Infformacion. And as this defendant beleeveth witnesses fullie examined on both sides to that purpose in this cause dependinge in this Court vppon the said Infformacion And this defendant hopeth that it will now Be the pleasure of this honourable Court that the witnesses which haue beene heartofore on either side examined in that cause should nowe againe bee reexamined on this cause the said Informacion and this bill tendinge both to one end and purpose as <...> wheareof this defendante hopeth this honourable Court will haue dewe Consideracion. And this defendant for a full plaine and direct aunsweare to soe much of the Complainantes bill as concerneth him this defendant to make aunsweare vnto <.....> that hee beleeveth it to bee trewe that Stephen Gardener late Bishoppe of Winchester was about the tyme in the bill mencioned seised in ffee in righte of his Bishoppricke of Winchester of the Capitall messuages and tenementes in the bill mencioned Called the Bardge, the Bell and the Cocke with the appurtenaunces scituate and being in the parish and place in the bill expressed, And that the said Stephen Gardyner Late Bishoppe of Winchester beinge soe seised did by deede bearinge date the sixth daye of March in the one and thirtieth yeare of Kinge Henry the Eight demise the said Capitall Messuages and tenementes called the Barge the Bell and the Cocke with the appurtenaunces to William Payne in the bill named for ninetie nine yeares to Commence as in the bill is sett fforth vnder the yearlie rent of nyne shillinges and seaven pence for and by which said deede this defendant beleeveth it allsoe to bee trewe that the said Capitall messuagees and tenementes are bounded and abutted as by <.> the said <.> is expressed, But this defendant doth deny that hee doth knowe the same to bee the trewe boundes and limites of the said Capitall messuages and tenementes and further saieth that the same boundes and limittes as they are expressed in the bill as this defendant Conceiveth are altogether vncertaine and Containe noe Certainties att all, And this defendant ffurther saieth that hee cannott acknowledge the same to bee the trewe auntient boundes and limittes of the said Capitall mess messuages or tenementes. And this defendant saieth that one Thomas Burnabie beinge interessed by severall Leases and assignementes from diverse persons as well of diuerse parcelles of the Landes belonginge to the Crowne in the bill mencioned to be near adioyninge to the said Capitall messuages and tenementes belonginge to the Bishopricke of Winchester, as allsoe of some part of the said Capitall messuages and tenementes, and in respect theareof did hold the same in vnitie of possession for diuerse yeares hee this defendant did aboute the seaven and thirtieth yeare of the Late Queene Elizabeth of ffamouse memorie buie and purchase of and from the said Thomas Burnabie sutch severall interestes and estates as he had in the said parcelles of land respectiuelie belonginge to the Crowne and to the Bishoppricke of Winchester, And the said Thomas Burnaby did accordinglie make severall Conveyaunces estates and assignementes thearof to this defendant accordinge to the severall interestes and estates hee had held and enioyed thearin. And this defendant did Conveye one moyetie of the Intereste of these parcelles of land which hee boughte of the said Burnabie to Phillippe Henslowe Esquire deceased in the bill named, And this defendante and the said Phillippe Henslowe did accordinglie hold and enioye the same for diuerse yeares in vnitie of possession as the said Burnabie had fformerlie done; And the said Burnabie did as this defendant hath heard and believeth it to bee trewe paye a rent of xx li. per annum out of the said severall parcelles of lande to one Thomas Keyes and Isabell his wiffe, and to one Iohn Malthouse (That is to saye) to the said Keyes and his wiffe xij li. per annum, and to the said Malthouse viij li. per annum for such severall estates as they had in the landes which the said Burnabie held and enioyed as aforesaid, And this defendant after hee had bought and purchased the said Burnabies estate and had the same conveyed to him as aforesaid and beinge desirous to bee satissfied for what part of the said landes the said xx li. was to be paied in manner aforesaid, did att the ffirst quarter daye of payement of the said rent of xx li. per annum before this defendant made anie Conveyaunce to the said henslowe of the said moyetie as aforesaide make staye of the payement theareof till he might be satissfied hearin, whearevppon the said Isabell wiffe of the said Thomas Keyes and the said Iohn Malthouse repaired to this defendant and did make theire severall demaundes of the match of the said rent as was then dewe for that quarter rent (that is to saye) the said Isabell in her husbandes and her owne right of the somme of three poundes dewe for that quarters rent, and the said Malthouse of the somme of ffortie shillinges dewe for that quarters rent for his part, hee this defendant thearevppon demaunded of them for what landes or housinge they demaunded the said rentes, the said Isabell then said that the said rent of xij li. per annum was paied to her husband and her sellffe for certaine parcelles of lande neare adioyninge to the said Capitall messuages and tenementes, That is to saye) 6 li. per annum for a peece of ground called the Hearbe Garden Late in the tenure and possession of one David Wattson, and 6 li. per annum for the doggyard and the Greene yard before that tyme ‸⸢demised⸣ to one (blank) Pope, which said groundes called the Hearbe garden the doggyard and the Greene yard are next adioyninge and abuttinge to the said landes demised to the said William Payne and parcell of the Crowne landes in the bill mencioned. And the said Keyes and his wiffe weare witnessed thearein vnder some estate which they then had thearof demised from the Crowne the same being as shee then alsoe saied parcell of the Crowne lande. And the said Iohn Malthouse then allsoe said that hee demaunded the said rent of ffortie shillinges quarterlie for the game place, for the greate Bearehouse, the Bullhouse a small tenement or cottage, a stable a hayelofte, and a house whearin one Reeve the ffarmor of all the said premisses then dwelte beinge all part and parcell of the said Capitall messuages and tenementes demised to the said William Payne by the said Stephan Gardyner Late Bishopp of Winchester, and in which lease made by the said Bishopp of Winchester, the said Malthouse was att that tyme wholie witnessed, which said rent of xx li. per annum this defendant did respectiuelie paie to the said Keyes and his wiffe and the said Malthouse and theare assignes for all the yeares this defendant did hold and inioye the same as well before as after this defendant did passe and conveye the other moyetie of the said parcelles of land vnto the said Phillippe Henslowe which was for the space of ffifteene yeares or theareaboutes. And this defendant saieth that before the defendant had boughte and purchased such estate as the said Burnabie had in the premisses as aforesaid the said Phillippe Henslowe did buie and purchase of the said Iohn Malthouse such estate as he had in the said lease graunted by the said Stephen Gardyner Late Bishopp of Winchester to the said William Payne of the said Capitall messuages and tenementes and had the same Conveyed and assigned to him accordinglie by the said Malthouse. And the said Phillipp Henslowe did shortlie after allsoe buie and purchase of the said Thomas Keyes and Isabell his wife the lease of the said Landes belonginge to the Crowne in the bill mencioned to bee taken of the Late Queenes Maiestty in the names of Livesey and Gore in the bill named, whose names yt sheweth were vsed in the said Lease in trust onelie to the vse of the said Thomas Keyes and Isabell his wiffe, the Interest of which said lease made by the said Late Queene to the said Livesey and Gore is now in this defendant in righte of Ioane his wife executrix of the Last will and testament of Anne Henslowe widdowe deceased whoe died witnessed and estated in both the said Leases in manner aforesaid. And this defendant saieth that he for his part hath not made nor Caused to bee made anie incroachment vppon anie the Landes belonginge to the Complainant in righte of his Bishoppricke of Winchester nor allowed nor Caused to bee allowed anie the boundes signes or Lymittes theareof, and <....> anie other hath or maye doe thearin if anie such thinge bee done he saieth hee knoweth not of it ‸⸢nor⸣ was att anie tyme privie or Consentinge thearevnto, Neyther hath this defendant nor anie other by or with his direccions privilie or procurement allowed confounded or obscured or caused to bee allowed Confounded or obscured anie the boundes or limittes of the said Capitall messuages or tenementes belonginge to the Bishopprique of Winchester in the bill mencioned in anie sort whatsoeuer And this defendant saieth that hee hath in his Custodye diuerse Counterpartes of Leases wrytinges and other evidences wheareby the boundes and Limittes of the said Landes belonginge aswell to the Bishoppricke of Winchester as to the Crowne in the bill mencioned maye in some sort bee made Cleare and distinguished, but this defendant denieth that hee doth in anie sort Conceale or hath Concealed the same from the Complainant, ffor this defendant saieth that hee hath beene allwayes ready and willing to geue the Complainant satisfaccion thearin, And to make the same the more evidentlie appeare to this honourable Court, This defendant saieth, that the same Counterpartes of Leases wrytinges and other evidences remayninge in the Rolles this defendant was willinge and att the request of the Complainant did suffer the Complainant there and his sollicitour to take viewe thearof, and what notes the Complainant pleased thearof, And afterwardes when this defendant by order of the Court of Chauncerie was to haue the said Counter partes of Leases and other evidences deliuered vnto him out of the Rolles; hee this defendant att the Complainantes request was Contented to suffer the said Counter partes and what wrytinges or evidences to bee carried to the Complainantes house Called Winchester house in the Countie of Surrey theare allsoe to bee pervsed againe by the Complainant or anie other persons whome hee thought ffitt, Att which tyme the Complainant himselfe in the presence of Mr Iohn Selden whoe is nowe of the Complainantes Counsell, and William Austen Esquire persons indifferentlie appointed by the Complainant and this defendant to bee present thearatt, did againe viewe and propose all or soe manie of the said Counterpartes of leases wrytinges and other evidences as hee thought ffitt, and did himselfe againe take notes in wrytinge att his pleasure out of the same, And this defendant saieth that ‸°⸢to his nowe remembraunce he nether hath nor ever had⸣° he hath ony other wrytinges or evidences which doe or maye Concerne the boundes or Limittes of the said landes and saieth that the same are wrytinges or evidences which doe onelie concerne this defendant for the maintaininge of his title and Interest in and to the said Lease of the Crowne Landes in the bill mencioned, And hopeth that this honourable Court will permitt the same to remaine in this defendantes Custody, not onelie for the defence of his right to the said Lease of the said Crowne landes and to manifest the boundes and limittes thearof, but allsoe to maintaine his Maiestes title to the same Landes, and expresse the boundes and limittes thearof, hee beinge att this present his Maiestes imediatt tenaunt to the said Landes. And this defendant saieth that hee caused the Informacion in the bill mencioned to bee exhibited into thes honourable Court for that William Henslowe whoe nowe is solie interessed as this defendant beleeveth in the said Lease made by the said Stephyn Gardyner Late Bishoppe of Winchester to the said William Paine of the said Capitall messuagees and tenementes belonging to the Bishoppricke of Winchester did vnder collour of that Lease endeavour to take from this defendant the rentes and proffittes of diuerse partes of the Landes belonginge to the Crowne in the bill mencioned and whearof this defendant is Imediate tenaunt to his Maiestie as aforesaide and thearby not onelie preiudice his Maiestie in the said Crowne Landes and this defendant his Maiestes tenaunt thearof, and appropriate some part thearof to the Bishoppricke of Winchester which doe of right belonge to his Maiestie in right of his Crowne, and which haue auntientlie beene held and esteemed to bee landes belonginge to the Crowne, And this defendant caused the said Iacobbe Meade to bee made a defendant to the said Infformacion in respect that he did then hold and enioye as vndertenaunt to the said William Henslowe some part of the Landes belonginge to the Bishoppricke of Winchester demised to the said William Payne, and not for anie such cause as in the bill is expressed. And this defendant sayeth that hee doth much marvell that the Complainant should bee ignorant wheare or howe to distrayne for his rent for his Landes demised to the said William Payne the same being Nyne shillinges and seaven pence per annum as aforesaid, when as the said William Henslowe whoe hath had the interest of that lease as the defendant is Crediblie Informed and beleeveth it to be trewe doth yearlie receave from his vndertenauntes thearof the some of One hundred and ffifteene poundes or thearaboutes per annum over and above the said Nyne shillinges seaven pence rent yearlie payable for the same to the Complainant in right of the Bishoppricke of Winchester. And this defendant saieth that hee cann expresse noe other evidences or wrytinges which doe touche or Concerne the premisses or the limittes or boundes thearof other than such as the Complainant and his officers and others by his direccions have viewed and perused as aforesaid, nor doth knowe of anie other wrytinges or evidences that maye concerne the same other than such as doe remaine in the Augmentation office wheare the Complainant maye see and pervse the same and take Coppies thearof if he please and in the severall Registries of the Bishoppricke of Winchester and of the Deane and Chapter of Winchester which the Complainant in respect hee is Bishopp of that Then maye he see and pervse att his will and pleasure. And this defendant saieth that duringe such tyme as this defendant and the said Phillipp Henslowe did hold and inioye the said parcelles of Land whearin the said Thomas Burnabie was possessed as aforesaide, and which the said Thomas Burnabie Conveyed to this defendant as aforesaid, the said Philipp Henslowe and this defendant did pull downe certaine houses and buildinges thearof being ruinouse and decaied and standing vppon the landes in the bill mencioned belonginge to the Bishopricke of Winchester, the same houses and buildinges beinge then tearmed and Called by the names of the dwellinge house, the Bull house, the tent, the haye lofte and the stable, and in the place and steede thearof, the said Phillipp Henslowe and this defendant did erect and build two dwellinge houses, the one the Taverne nowe Called the three dauncing Beares, and the other the house whearin the defendant Iacobbe ‸^Meade nowe dwelleth. And this defendant saieth that after the said Phillipp Henslowe was solie interessed of such estate in the said parcelles of Land as this defendant bought of the said Burnaby as aforesaid, hee the said Phillipp Henslowe intendinge to alter the game place standinge vppon the Landes belonginge to the Bishoppricke of Winchester demised to the saide William Payne as aforesaid, had made a beginninge of a ffoundacion for a newe game place to bee sett in a more Convenient place, but the said Phillipp Henslowe takinge consideraciion and advise thearof, Caused the ffoundacion to be made theare vppon the Landes belonginge to the Crowne in the bill mencioned, and vppon that newe ffoundacion did erect and build the house Called the Hope nowe imployed and vsed for a game place for baytinge his Maiestes Beares and Bulles, and for a playehouse, to which vse it is imployed and vsed att this daye, the said Phillippe Henslowe saieinge amonge other thinges that hee was minded to build the said buildinge called the Hope ‸⸢whollie⸣ vppon some part of the Crowne landes in the bill mencioned ffor that hee had some hope or expectacion to purchase the said Crowne Landes from his Maiestie in fee ffarme. And this defendant saieth that all the buildinges and groundes which lie South from the said house Called the Hope and which this defendant holdeth vnder the lease made from the Crowne thearof as aforesaide are as this defendant Conceiveth and beleeveth to bee trewe all parcell of the said Landes belonginge to the Crowne in the Bill mencioned, and this defendant is the rather induced soe to beleeve, ffor that the said buildinges and groundes beinge south to Mayden ‸⸢Lane⸣ as aforesaid have allwayes since this defendant or the said Phillipp Henslowe weare Interessed thearin beene held and inioyed by such persons as weare vndertenauntes thearof to the lessees and theire assignes of the Crowne land aforesaid, And ffor that the said Iohn Malthouse whoe had as aforesaid for manie yeares the Interest of the lease made to the said Payne of the said Capitall messuages and tenementes did <...> and interesse or title by vertue of that lease in anie of the Landes which lie south to Maiden Lane aforesaid from the Northerne part of the ffoundacion of the said newe buildinge Called the Hope ‸⸢erected and built ⸣ by the said Phillippe Henslowe as aforesaid <...> knowinge the boundes and limittes of the said landes belonginge to the said Bishoppricke of Winchester and demised to the said William Payne as aforesaide. And this defendant saieth that hee knoweth of noe other alteracion made vppon the <...> Landes belonginge to the said Bishoppricke of Winchester in the bill mencioned, then in this defendantes aunsweare are hearin fformerlie expressed. Without that that anie other matter or thinge in the Complainantes bill Conteyned materiall or <...> in the Lawe to be answeared vnto and hearin not before aunsweared vnto, Confessed or avoyded, traversed or denied is trewe ‸⸢to⸣the knowledge of this defendant. All which matters this defendant is ready to averre maintaine and prove as this honourable Court shall award, And humblie praieth to bee from hence dismissed with his reasonable Costes and Charges on this behalfe most wrongfullie susteyned./

°predictus defendens prestitit sacramentum suum de novo post emendationem
huius sessionis xvij^o die Maij anno xx^o Regis Iacobi/°

Prestitit sacramentum quinto die ffebruarij 1621 p<..> me

(signed) Edward Bromley (signed) Ro. Gosson