Order in Chancery in the case of Edward Alleyn v. William Henslowe

f 337 (3 December)

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Edward allen esquier plaintiff

William henslow defendant

fforasmuch as the right honorable the Lord keeper was this present daie informed by mr Grant Drew beinge of the plaintiffs Councell That the plaintiff preferred his bill into this Courte against the defendantes in Trinity terme last for that the defendant had entered into the howses and other groundes belonginge to the Beare Garden neere Southwarke in the County of Surrey which phillipp henslowe thelder deceassed held by lease and and afterwardes came to Agnes his wiefe as his executrix thonely daughter and executrix of which Agnes the plaintiff maryed and by the same bill the plaintiff required the defendant to set forth his title by what right he made his entry. To which bill the defendant made two insufficient Answeres the last of which answeres was referred to the Consideracion of mr wolveridg and mr J hussey one two of the masters of this Cort who vpon the in consideracion of the matter directed a new bill to be preferred by the plaintiff wherein the plaintiff should set forth his title at large to the said Beare Garden and that the defendant should directly answere thereunto and set downe his title and Clayme to the said Beare garden And the plaintiff havenge this last Tearme preferred a second bill accordingly thereby settinge forth his said title at large and havenge served the defendant with proces of subpoena to answere the said bill the defendant therevpon exhibited a scandalous peticion to his Lordship chargenge the plaintiff with all such matters as are conteyned in a bill nowe dependinge in the Starchamber and alsoe with the vndewe obteynenge of the said Agnes henslowes will and thereby prayed his Lordship to referr the Summary hearenge of the matter to two of the masters of this Court wherevpon his Lordship referred the same to mr moore and mr wolveridg two of the masters of the masters of this Cort and awarded a Commission vnto them to determyne and end the Cause The said defendant havenge nowe noe bill dependinge in Court the same havenge beine formerly Twice dismissed and the will left to a tryall at the Common lawe vpon an yssue devisavit aut non devisavit It is therefore ordered by his Lordship notwithstandinge any thinge nowe said to the Contrary by mr Sallicitor Generall beinge of the defendantes Councell That the reference to the said masters be spared and the defendant is to answere the plaintiffs bill and the Cause to be proceeded on in an ordynary course to a hearing./

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