Item 48, mb 1 (Interrogatories)
Inprimis doe you knowe the parties plaintiff and defendantes yea or noe and how longe haue you knowne them or anie of them declare your knowledge heerein/ Item did you knowe Phillipp Henslowe late of the parishe of Saint Saviours within the Borroughe of Sowthwarke in the Countie of Surrie, and how longe haue you knowne him. Declare your knowledge heerein
Item do you knowe what ffreehould landes and Tenementes the said Phillipp dyed seised of scituate lyeinge and beinge within the Borroughe of Southwarke aforesaid or elsewhere. And of what yearelye value are the same of. and howe are the same att this tyme letten, declare your knowledge heerein/
Item doe you know what Leases of howses and lands the said Phillipp dyed possessed of, and of what yearelie value are the same letten for. And howe longe are the same Leases to Continewe. And what plate goods Chattells debtes and houshould stuffe or monie was the said Phillipp possessed of att the tyme of his death and to what value; declare your knowladge heerein as neere as you can/
Item doe you knowe or have you heard that the Complaynent is nexte in blood to the said Phillipp Henslowe videlicet the sonne and heire of Edmond Henslowe elder brother to the said Phillippe declare your knowledge heerein/
Item doe you knowe or have you not heard that the said Phillipp Henslowe hadd made a will in writinge and thereby hadd settled all his estate or the moste parte thereof Amongst his kinsfolkes and freindes declare your knowledge heerein/
Item doe you <..> knowe or have you
heard that the said defendantes
Allen and Cole did perswade the said Phillipp Henslowe
to make a newe will and to give vnto the said Agnes the other defendant All his whole estate for
tearme of her life, And whoe did hee make Executrix and Overseers of the said will:
And whether did hee voluntarylie of his owne will Nominate the executrix
and the Overseers of the said will or noe. Or whether was hee perswaded
therevnto and by whome: declare your knowledge heerein/
Item whether have you ever heard the said Phillipp saye that the said Allen should haue nothinge to doe with the said will nor should have anye thinge to doe with his estate yea or noe declare your knowledge heerein/
Item whether doe you knowe or have you heard that the said defendantes some shorte tyme before the death of the said Phillipp Henslowe did bringe the pretended will vnto him and importuned him to subscribe his name therevnto and Allowe thereof; And whether was hee of perfecte memorye att that tyme or noe: declare your knowledge heerein./ and howe you knowe the same to bee true/
Item whether <...> did you demaund
of the said Phillipp Henslowe when you were requested to bee a wyttnesse to the said
pretended will, whether it was his meaninge that that should bee his laste will yea
or noe, And what Answere did hee make vnto you, and whether was the will Read in
your presence yea or noe before the said Phillipp, and of what
vnderstandinge and scence did you take the said Phillipp Henslowe to be of. And howe
longe was the same soe offered vnto him, before hee dyed. And what Answere did anie
besides himselfe make vnto you to that Question; And whoe were theye that made the
said Answere declare your knowledge heerein/
Item whether doe you knowe that anye thinge was lefte oute of the same will that the defendant Cole hadd instructions to putt in the daie before the will was made & whether were there anye thinge Added to yt that were not in those Instructions; And what were the thinges that were soe lefte oute. And what were the thinges that were soe Added: declare your knowledge heerein/
Item whether did you heare Phillipp Henslowe Confesse when hee laye Sicke on his deathe bedd or att anye tyme before that hee hadd or would give to his Brother William Henslowe his Leases of the Bearegarden and playhouse: and what other things did you heare him saye hee would or hadd given to his said brother; And when should hee receive the benifitte and proffite of the said Leases or other things soe to him bequeathed; declare your knowledge heerein/
Item doe you knowe whoe sent for the defendant Cole the daye before Phillipp Henslowe dyed to requeste him the said Cole to move the said Henslowe to make his will and by whose procurement Came the said Cole thether. And whoe doe you knowe sent for the said Cole the nexte daie when the will was finished and att whose intreatye Came hee thether; And did not you drawe the same will into fourme, and by whose appointement or requeste did you drawe the same will. And in what place did you drawe yt; and whether hadd you the instructions that were drawne the daye before, to drawe the said will by. yea or noe; And what was lefte oute of the said Instructions and what was Added thereto; And by whose Appointement were they soe Added to or lefte oute of the same, declare your knowledge heerein/
Item whether were you there when the said pretended will was read vnto the said Phillipp, and whoe else were then in Companye when yt was soe Read; And whether were not there some putt oute of the Chamber when the sayd will was soe Read; And whoe were they that were soe putt oute; and whether were ‸⸢not⸣ some or one of them that were soe putt oute Called vpp afterwardes to bee a wyttnes to the said pretended will. yea or noe; And what questions did you heare anye bodye move to the said Phillipp att the finishinge of the said pretended will; and what answere did you heare the said Phillipp or anye other make to suche question or whoe else were they that soe answered the questions; and what vnderstandinge doe you thinke that the said Phillipp was of att ‸⸢that⸣ tyme; And whether was hee in his perfecte sense and memorye as you Conceive yea or noe; And what wordes did you heare him saye in all that tyme to leade you to beleive whether hee were in perfecte memory yea or noe: declare your knowledge heerein as neere as you Can/
Item doe you or did you knowe that ever the said Phillipp Henslowe hadd anye elder brother more then the plaintiffes ffather yea or noe and what yssue hadd that elder brother livinge att the tyme of the said Phillipp Henslowes death to your knowledge; yf you knowe any suche yssue that hee soe hadd: then what yssue doe you knowe that that Issue hadd of his or her bodye lawfullie begotten att this tyme or att the tyme of the death of the said Phillipp Declare your knowledge heerein and howe you know the same to bee true.
Item doe you knowe whether Agnes (the wife of Phillipp Henslowe) was att the tyme of the death of said Phillip sicke or noe, and whether doe you thinke that shee was likelie to live twoo daies after that tyme yea or noe or in what state was shee att the tyme of his death. declare your knowledge heerein.
Item were not you att anye
tyme att the plaintiffes house when the said Phillipp Henslowe was there:
And did not you heare the said Phillipp Henslowe requeste the Complaynant
to Cease and leave of his suite that hee hadd formerlie Commenced in the
Ecclesiasticall Courte
againste the said Phillipp touchinge the plaintiffes ffathers
estate; And what wordes and promises did you heare the said Phillipp make to the
Complaynant if hee the said Complaynant would surcease his said
suite: declare your knowledge heerein./
Item were not the Instructions (that Phillipp Henslowe Caused to bee drawne on the ffryday) sealed by the said Phillipp and his name subscribed therevnto with his owne hands: And what was the land that was given to the plaintiffes sonne Phillipp Henslowe in those Instructions. and when was hee to receive and take the profittes thereof: declare your knowledge heerein
Item doe you knowe or haue you heard that the plaintiff did anie waye Carrye himselfe Iniuriouslie towards the said Phillip in his life tyme; And in what manner did hee behave himselfe towards the said Phillipp in his life tyme: And what speeches did you heare the said Phillipp giue to the plaintiff or speake of the plaintiff att any tyme for anye hard usage that the plaintiff vsed towards him and the Cause thereof; declare your knowledge heerein/
Item doe you knowe or did you not heare the said Phillipp in his life tyme Confesse that hee hadd made any other or fourmer will; or haue you seene any suche will and to what purpose was the said will and ‸⸢what⸣ legacies were given in the said will declare your knowledge heerein:/
Item whether doe you knowe that in the firste Instructions that were written vppon the ffryday for the makinge of the will that yt was the meaninge of the said Phillipp that his wife should have all the goods Chattells and leases vnbequeathed and not formerlie given by his will to her and her heires forever: Or that it was his meaninge that shee should haue them onlye duringe her life and noe longer declare your knowledge heerein/
Item whether were you with Phillip Henslowe vppon the ffriday when hee layd sicke vppon his death bedd and whether were you with him vppon the Satterday ffollowinge yea or noe And of what vnderstandinge and scence was the said Phillip of those twoo daies or att anie tyme of those twoo daies and whether doe you thinke hee was of perfecte scence & memorie And able to make a will or not. And whether were you with him vppon the Satterdaie nyghte when <..> dyed and <...> longe before hee dyed were you with him And of what vnderstandinge and memorye was hee of a<..> that tyme when you were with him. declare your knowledge heerein/
mb [2]
Item were not you one that praised the ‸⸢personall⸣ estate of Phillipp Henslowe aforesaid videlicet/ his Leases houshold stuffe, readye monye, Iewells and all other parcells of his estate whatsoever and to what value did you praise them; And whether att the tyme of your apprissement did you see the leases and other the goodes by you soe praysed and what number of yeares was ‸⸢in⸣ them yet remayninge or either of them, Or by what meanes Came you soe to prayse them, or whoe gaue you instructions soe to prayse them And whether was all the personall estate of the said Phillipp Henslowe brought to you to bee praysed: viz. whether you praysed the Players Apparrell and whether you praysed the Beares Bulls and hogges that were the propper goodes of the said Phillipp Henslowe, And was there not one Truncke (or more) of Apparrell or what other goodes was there Conveyed awaye that was the goodes of the said Phillipp aforesaid that Came not to the handes of the praysers to bee praised; declare your knowledge heerein, and howe you knowe the same to bee true/
Item haue not you oftentymes in the life tyme of the said Phillipp Henslowe hadd Conference with him whoe should bee his heire or bee the better for his estate when hee should dye; And whome hathe hee tould you should bee his heire; or what advauncement did hee saye hee would giue the plaintiff Iohn Henslowe and howe longe was it before the deathe of the said Phillipp that you heard him speake of this; declare your knowledge heerein and howe you knowe the same to bee true/
°Iohannes
Piggott & Randall Wood° |
°vterque iurati 16. October 1616.° (signed) Mat: Carew |
Iohn Piggott 1.23
Andrew Lucas 1.24
Randall wood <.....>
1.22.23
Edwardus Griffyn 1-22.23.
[Footnote: Cole...defendente: 'Cole for the plaintiff. N<..> for the defendent.']
Matthew Carew (1531–1618) was one of the masters of Chancery; see Peter Stein, 'Carew, Sir Matthew (1531–1618), civil lawyer,' ODNB, accessed 18 December 2022.
Record title: Chancery Court Interrogatories on behalf of the plaintiff in the
case of John Henslowe v. Agnes Henslowe, Edward Alleyn and Roger
Cole
Repository:
TNA
Shelfmark: Court of Chancery: Examiners' Office: Town
Depositions, C 24/428
Repository location: Kew
These are the interrogatories on behalf of the plaintiff John Henslowe, nephew of Philip, in his case against Agnes Henslowe, Edward Alleyn, and Roger Cole. John, having had no legacy from his uncle, Philip Henslowe, raised the case in Chancery on 23 January 1616–17 and charged the defendants with having exerted undue influence on Philip Henslowe when the will was being written and contested its validity and the value of his estate. The bill and any answers, replications, and rejoinders do not seem to have survived but these interrogatories have been located at the National Archives along with the depositions. Relevant Chancery entry books of decrees and orders also survive. See Appendix IV: I. a-p. Two breviates with notes from them also survive at Dulwich; see Warner, Catalogue, pp 140–1. Number 22 is printed in Collier, Memoirs, pp 123-6.
25 May–16 October 1616;
mb [1]: English;
parchment, single membrane, written on 1 side only; 795mm x 355mm ; good
condition, but 2 small holes 25mm from foot of sheet; display letters
beginning Articles 1–21 (Article 22 perhaps added later); no
endorsement. Numbered 48 together with other items for the same case and
tied together with string to the depositions and placed in a paper
bifolium (now torn along the fold) and inscribed in ink: 48 Henslowe.
The names of thirteen deponents with the dates of their depositions and
names of the officials who interrogated them are inscribed at the head
of the membrane, apparently added at a later date in a different hand.
Pinned to the membrane are five paper slips giving names of eleven of
the deponents, and the articles to which they were to give answer. A
paper dated 7 November 1616 (315mm x 205mm) regarding publication is
also tied in at the top.
mb [2]: Articles 23–4; English; parchment;
single membrane, written on 1 side only, in different hand from mb [1];
275mm x 225mm; separated but a later pin remains at the top; no
endorsement. At the foot of the text of these articles is a list
additional to that at the head of mb [1] of the four deponents to whom
these additional questions were to be put.