Court of Requests Proceedings Alleyn v. Henslowe

single mb (31 January)

To the Kinges mosts excellent Maiestie/

In most humble wise Complayinge sheweth to your most excellent Maiestie your trewe ffaithfull and obedient sub<..>cte and servaunt Edward Allen of Dullwich in the ‸ your highenesse Countie of Surrey Esquire. That wheare as in or aboute the eighth yeare of your Maiesties most happie and <.>rosperouse raigne over this your highenesses Realme of England theare was Covenaunt Contract Conclusion and agreement made betweene one Phillippe Henslowe late whiles hee lived of the parish of St Saviours in the said Countie of Surrey Esquire deceased and your subiecte that one yearelie rent of eighte poundes dewe and payeable to your subiecte his executors and assigns by the said Phillipp Henslowe for the tearme of ffoure and Twentie yeares then to come and yett vnexpired for the moyetie of a house Comonlie Called the ffortune Playehouse and other tenementes thearevnto adioyninge scituate and beinge in Goldinge Lane in the County of Middlesex should from thence be released and dischardged by your said subiect to the said Phillipp Henslowe his executors and assignes, which rent of eighte poundes per annum your subiecte did accordinglie release to the said Phillippe Henslowe in his liffe tyme and did ffree and acquite him his executors and assignes from the payment thearof, and for Consideracion thearof the said Phillippe Henslowe did Covenaunt and agree with your said subiecte that hee the said Phillippe Henslowe his executors and assignes that your said subiecte or his assignes with ffoure servauntes should or might haue the vse or occupation of a Certaine messuage or tenement whearin your said subiecte then dwelt beinge parcell of a messuage or tenement Comonlie Called the Beare garden and the newe buildinges then latelie built before the same scituate and beinge in the parish of St Saviours in Southwarke aforesaid for your subiecte his assignes or servauntes necessarie or Convenient Lodginge with the vse of the kitchen of the same messuage or tenement for dressinge of his or theire meate washinge or other necessarries with ingresse, egresse and regresse into and from the same att his or theire wills and pleasure duringe the rest and residewe of the said tearme of ffoure and twentie yeares then to comme and vnexpired without anie rent or other recompence to be yealded or payed for the same other then the release and dischardge of the said yearelie rent ot eighte poundes payeable to your subiect by the said Phillipp Henslowe as is aforesaid and without the lett disturbaunce molestation, expulsion eviccion or interrupcion of the said Phillippe Henslowe his executors or assignes or of anie other person or persons by his or theire meanes, mighte,Title, estate, interest, Consent or procurement, And your subiecte did accordinglie hold and enioye the said messuage or tenement whearin your subiecte then dwelt and the vse of the said kitchen quietlie and ffreelie duringe all the liffe tyme of the said Phillipp Henslowe which was about ffive yeares after without yealdinge or payeinge anie rent for the same to the said Phillipp Henslowe other then the release and dischardge of the said yearlie rent of °eight° poundes to the said Phillippe Henslowe his executors and assignes, And afterwardes (that is to saye) in or aboute the sixth daye of Ianuarie in the thirteenth yeare of your Maiesties said raigne the said Phillipp Henslowe did make his last will and testament in wrytinge and theareby did bequeathe or devise the interest of such landes and lease which hee had and helde vnder the Bishopp of Winchester and the tearme of yeares thearin to Comme to one William William Henslowe brother of the said Phillipp Henslowe, the said messuage or Tenement whearin your subiecte dwelt as aforesaid and the said kitchen beinge parcell of the said landes which the said Phillipp Henslowe did then hold by lease vnder the said Bishopp of Winchester, and which the said Phillipp Henslowe did then geve and bequeathe to the said William Henslowe as aforesaid, And the said Phillipp Henslowe shortlie after in the said moneth of Ianuarie in the said thirteenth yeare of your maiesties said raigne dyed theare beinge then aboute ffiftie yeares ynexpired of the said lease, wheareby the said William ‸ ⸢Phillipp⸣ Henslowe did hold the said landes vnder the Bishopp of Winchester, And the said William Henslowe by vertue of the said guifte and bequest made vnto him of the same landes by the last will and testament of the said Phillipp Henslowe did enter into and possesse himselfe of the same landes wheareby hee allsoe was and is possessed of the said messuage or tenement whearin your subiecte dwelt and of the said kitchen and doth receive and hath received the rentes issues and profittes thearof ever sithence the death of the said Phillipp Henslowe But nowe soe it is maye it please your most excellent Maiestie that the said William Henslowe doth very vniustlie and Contrarie to all equitie and good conscience deteyne and hath deteyned ever sithence the death of the said Phillippe Henslowe from your said subiecte vnder Collour of the said guifte or bequest made vnto him bv the said Phillipp Henslowe the said Messuage or Tenement whearin your subiecte dwelt as aforesaid and the vse of the said kitchen the said Tearme of ffoure and Twentie yeares beinge yett unexpyred and not determined without anie allowaunce or recompence made or geven to your Subiecte for the same and doth allso vttlerlie refuse and denie to geve your said subiecte anie allowaunce or recompence for the same Notwithstandinge that the said William Henslowe doth well knowe that the said Phillipp Henslowe for the Consideracion aforesaid did Covenaunt Conclude and agree with your said subiecte °‸ ⸢that your subiect⸣° and his assignes with ffoure servauntes should or might haue the vse and occupation thearof in manner aforesaide duringe the rest and residewe of the said tearme of ffoure and twentie yeares then to come and vnexpired. Nowe for that your said subiecte hath noe meanes by the stricte Course of the Common Lawes of this Realme to recover the possession of the said messuage or Tenement whearin your subiecte dwelt and the vse of the said kitchen or the rentes issues or proffittes thearof ever sithence the death of the said Phillipp Henslowe, and doubteth not but that the said William Henslowe will sett fforth vppon his oath the saide Conclusion and agreement made betweene your said subiecte and the said Phillippe Henslowe. Maye it thearefore please your most excellent Maiestie to graunte to your saide subiecte your Maiesties most gratiouse writt of privie seale to be dyrected to him the said William Henslowe Commaundinge him theareby personallie to be and appeare before your Maiestie and your Maiesties Councell in your Maiesties Chamber of Whitehall att Westminster then and theare to aunsweare the premisses vppon his oathe, and to stand to such order and Censure thearin as to your Maiesties said Councell shalbee thought meete and Convenient, And your subiecte as dewtie bindes him shall ever praye for your Maiesties most happie and prosperouse raigne longe to Continewe over vs /

(signed) Ro: Gosson