Chancery Court Pleadings: Jacob Meade v. Agnes Henslowe, Mary Moushurst and Elizabeth Moushurst, and Edward Alleyn

single membrane (31 May) (Bill of complaint)

°Ultimo Maij 1624 (signed) <.....>°To the right honourabell and right reuerend father in god Iohn. Lord Bishopp
of Lyncolne Lord keeper of the greate Seale of Englande.

In all humblenes complaynenge sheweth vnto your good Lordship your dailie Oratour Iacob Meade of the parish of St. Saviours in Southwark in the Countie of Surrey Waterman, That whereas Phillipp Henslowe late of thesaide parish of St Saviours in Southwarke aforesaide Esquier deceased was in his life tyme lawfullie possessed for dyvers yeares to come and vnexpired of and in one Messuage or Tenement sometymes in the occupation of Iohn ffone, and nowe in the tenure of your saide Oratour or of his assignes, and alsoe of and in the Bearegardeine and playehouse then latelie called or knowne by the name of the Hope, and of and in twoe Tenementes belongeinge therevnto then or sometyme in the tenure of Iohn Pottes and Iudith Tyler, and of and in diuers seuerall yards, Backsides, Bearehouses, Bullhouses, stables, hayeloftes gardeins, Outhouses, sheddes, Roomes, doggekennells, hoggesties edifices, buildinges, feeldes groundes, pondes, waies, passages, wharfes, staires, lightes casmentes comodities and appurtenaunces to thesaide Messuages Tenementes Playehouse and Bearegardeine belongeinge and apperteyneinge; All which premisses then were and nowe are scituate lieinge & beinge on or neere the Banckside in thesaide parishe of St Saviours in Southwarke aforesaide, And thesaide Phillipp Henslowe soe beinge thereof possessed for many and dyuers yeares then and yet to come and vnexpired as aforesaide did make his last will and Testament, dated aboute the Sixte daie of Ianuarye Anno domini .1615.) and thereby did giue and bequeath all and euerye thesaide premisses (amongest diuers other thinges) vnto William Henslowe late of lambeth in the Countie of Surrey aforesaide gentleman in theis wordes or like in effecte followeinge viz^t I giue and bequeath, vnto my lovinge brother William Henslowe and his assignes all that my Messuage Mancion house and lease called the Bearegardeine, with all the tenementes and appurtenaunces thereunto belongeinge (meaneinge the Beargardeine and playehouse called the Hope and the Tenementes;and seuerall yardes Backsides buildinges & premisses aforesaide which was conceiued to be holden by lease from the Lord Bishopp of Winchester, and was soe affirmed vnto your saide Oratour by thesaide William Henslowe, And thesaide Phillipp Henslowe haueinge made his saide last will and therein constituted, Agnes, then his wife to be his full & whole executrice, shortlie after died, After whose death by vertue of thesaide last will of thesaide Phillipp Henslowe and legacye in the same conteyned as aforesaide thesaide William Henslowe into thesaide Beargardeine Playhouse Messuages Tenementes appurtenaunces and premisses aforesaide, did enter, and did pretende to be lawfullie possessed thereof and of euerie parte thereof, And thereof did pretende to haue by thesaid last will of thesaide Phillipp Henslowe for many yeares yet to come and vnexpired sufficient & lawfull interest and estate; And beinge soe possessed; and pretendinge to haue such sufficient & lawfull interest and estate therein, by Indenture dated the Nyne and twentieth daie of Iune Anno domini one thowsand sixe hundred and seaventeene for diuers goode valueable causes and considerations did demise thesaide premises by the name of all that Messuage and Tenement aforesaide sometyme in the occupacion of Iohn ffone and then in the tenure of your saide Oratour or of his assignes, And all that the Bearegardeine and Playhouse latelie called or knowne by the name of the hope, and the two Tenementes thereunto belongeinge then in the tenure of Iohn Pottes and Iudith Tiler, And all yards, Backsides Bearhouses Bullhouses, stables, haieloftes, gardeines Outhouses, shedds Roomes doggekennells, hoggesties, edifices, buildeinges, voide groundes ponds, waies, passages, wharfes, staires, lightes, casementes comodities and appurtenaunces whatsoeuer to thesaide Messuage Tenementes Playehouse & Bearegardeine belongeinge or in any wise apperteyneinge, Or therewith then or at any tyme then before within the space of Sixe yeares ‸⸢then⸣ last past, demised letten vsed occupied or enioyed, or reputed or taken as parte parcell or member of thesame in any manner of wise; All which saide demised premises are scituate & beinge on or nere the Banckside in the parish of St Saviours in Southwarke aforesaide as in and by thesaide recited Indenture doth and maie appeare; To haue and to houlde thesaide Messuage Tenementes Beargardeine Playehouse appurtenaunces and premisses and euery parte and parcell thereof vnto your saide Oratour his executours administratours or assignes from the feast of the natiuitie of St Iohn Baptist then last past before the date of thesaide Indenture vnto the ende & terme of one and twentie yeares from thence nexte ensueinge and fullie to be compleate and ended; Yeldeinge and paieinge therefore yearlie dureinge thesaide terme of one and twentie yeares vnto thesaide William Henslowe his executours administratours or assignes the some of one hundredth pounds of lawfull money of Englande, At ffowre most vsuall feastes or Termes in the yeare, with diuers Covenauntes provisoes and condicions in thesaide Indenture conteyned and expressed, as in and by the same may more at large appeare, amongst which saide Covenauntes, and agreementes, thesaide William Henslowe, did for himselfe his executours and administratours Covenant and grante to & with your saide Oratour his executours and assignes in manner & forme followeinge, That is to saie, That he your saide Oratour his executours administratours and assignes payeinge thesaide yearlie rent, and performeinge the Covenauntes which one his or theire partes are to be performed and in thesaide indenture mencioned)shall and may peaceablie and quietlye haue houlde vse occupie and enioye thesaide Messuage & Tenementes Bearegardeine and playehouse and all other the premisses with thappurtenaunces by thesaide Indenture demised or mencioned to be demised without any the lett suite, trouble, deniall, eviction, expulcion, interruption or puttinge out of or by thesaide William Henslowe his executours administratours or assignes or of or by any other person or persons by his or theire meanes defaulte consent occasion or procurement, or claymeinge by from or vnder his or theire right title or interest dureinge thesaide terme of one and twentie yeares, And alsoe that he thesaide William Henslowe his executours administratours and assignes shall and will at all tymes hereafter and from tyme to tyme at his and theire owne proper costes and charges acquite discharge and saue harmelesse your saide Oratour his executours administratours and assignes and his and theire goods and chattels of for and from all such actions suites troubles, costes charges distresses executions damages and demaundes whatsoeuer as shall at any tyme then after arise come growe or be comensed brought imposed recouered or gotten by Edward Alleyne esquier and Iohn Henslowe waterman or either of them or either of theire executours administratours or assignes, or by any other person or persons for them or any of them of vpon or against your saide Oratour his executours administratours or assignes or his or theire goods & chattells for in aboute touchinge or concerneinge the premisses by thesaide Indenture demised or any parte or parcell thereof or for or touchinge or concerninge any such estate right title interest propertie or demaunde as they or any of them haue or shall clayme or pretende to haue of in and to thesaide demised premisses or any parte or parcell thereof in any manner of wise/ ffor payement of which saide yearelie rent of one hundred pounds your saide Oratour did enter into one Bonde or Writeinge obligatorie vnto thesaide William Henslowe in the some of ffyve hundred pounds; And likewise thesaide William Henslowe did enter into one other Bonde or Writeinge obligatory vnto your saide Oratour in the like somme of ffive hundred pounds for the performance of all such covenntes and agreementes as are comprised and mencioned in thesaide Indenture of lease made vnto your Oratour as aforesaide which on the parte and behalfe of thesaide William Henslowe his executours and administratours ought to be performed and kepte; And whereas thesaide William Henslowe at the tyme of the Contracte made betwene your saide Oratour and him, and at the tyme of thensealinge and deliueringe of thesaide Indenture of lease vnto your saide ‸⸢Oratour ⸣ of the premisses by thesaide William Henslowe, hee thesaide William Henslowe was lawfullie seised of some estate in fee or freeholde of land in diuers Messuages lands and tenementes in the Counties of Sussex Surrey Kent and Southampton, and was alsoe lawfullie possessed in his owne right of diuers sommes of money plate Iuells; Corne Cattell, and houshouldstuffe; and was interessed and estated in vse and possession of and in diuers leases for termes of lyves, and yeares to come and vnexpired of and in diuers & sundry Messuages lands & tenementes in the Counties aforesaide ever and besides thesaide lease & terme of years of thesaide Beargardeine and Playehouse; and the messuages tenementes and premises demised vnto your saide Oratour by the Indenture aforesaide; Whearby thesaide William Henslowe was knowne and taken to be a man of verie greate estate; And your saide Oratour did soe conceyue and hath not knowne or hearde the contrarie, soe your saide Oratour hopeth to proove vnto this honourabell Courte, That aboute ‸ ⸢twoe⸣ yeares, or tenne or twelue monethes sithence at such tyme as thesaide William Henslowe had a greate fitt of sicknes, he thesaide william Henslowe made or pretended to make his last will and testament in writeinge; Wherein and Whereby he did giue and bequeath or did intende to giue & bequeath vnto diuers and sundry of ‸⸢his ⸣ kyndred, freinds, and Alyes, diuers and seuerall legacies of greate value, both lands leases and other matters, and nominated therein an executor, executrice, or executours, first enableinge him, her, or them with an estate sufficient for paiement of his debtes and managementes, and performeinge of all such Covenauntes as hee had entered into But soe it is maye it please your good Lordship, that thesaide William Henslowe either in the tyme of his sicknes or before or sometyme after, by a practize and confederacie made betweene him thesaide William henslowe and Edward Alleyne esquier, And by the sinister practize perswacion combynation and confederacie of Agnes Henslowe then the wife and nowe the widowe of thesaide William Henslowe, and Marie Moushurst and Elizabeth Moushurst daughters of thesaide Agnes by a former husbande; with purpose craftylie to defeate and defraude ‸⸢your saide Oratour⸣ of his tyme and terme of yeares to come and vnexpired of and in the Messuages Tenementes Beargardeine Playhouse appurtenaunces and premises to him demised and graunted from thesaide Williiam Henslowe in and by the Indenture of lease aforesaide; or soe much or such parte of thesame as hee and they thought might and woulde be most comodious & profitable vnto them (your saide Oratour haueinge then bestowed aboute the some of ffower hundred pounds in buildeinge fittinge <..> frameinge & repaireinge of the same) and thesaide Edward Alleyne pretendinge title thereunto did secretlie and vnderhand frame & conteine an instrument or writeinge purportinge some lease or grant of the premisses or parte thereof made or to be made or intended to be made by thesaide Edward Allyn vnto thesaide Williiam Henslowe for his life; or for some certeyne number of yeares if thesaide William Henslowe shoulde soe longe live, or such like deede or Conveyance the certeyntie whereof your Oratour knoweth not in regarde the same doth remayne in the hands and custodie of thesaid Edward Alleyn or <...>Agnes Henslowe privatlie and is altogether concealed from your Oratour, But your saide Oratour doth vnderstande that thesaide Edward Alleyn doth intitle himselfe vnto the greatest parte of the Bearegardeine Playehouse and premisses demised by thesaide William Henslowe vnto your saide Oratour, and especiallie that parte on which your saide Oratour hath disbursed most money in buildinge fittinge and repaireinge and is most profittable, And by colloure thereof since the death of thesaide William Henslowe hath entred and taken awaye thesame, and from tyme to tyme hath and doth receyue and take vnto himselfe the profittes and whole benefitt thereof, and threateneth and intendeth to witholde the same from your Oratour for euermore; pretendinge thesame to be lands belongeinge to the kinge; which hee holdeth by lease from his Maiestie, And further maie it please your Lordship thesaide William Henslowe (after his saide fitt of sicknes and after the makeinge or the tyme of his intencion for makeinge of his last will as aforesaid) beinge perswaded by thesaide Agnes his saide wife, and thesaide Marie Moushurst and Elizabeth Moushurst her saide daughters, to doe some further Acte Whereby to preiudice your saide Oratour and to frustrate and take awaie all advantage which your saide Oratour might otherwise haue against the executours of thesaide William Henslowe or against his personall estate after his death vpon the Covenauntes aforesaide and vpon thesaide Bonde or Writeinge obligatorie of ffive hundred poundes which thesaide Williiam Henslowe did enter into for performance of thesaide Covenuauntes to & with your saide Oratour in thesaide Indenture of lease made vnto your Oratour of thesaide Bearegardeine Playhouse and premisses mencioned as aforesaide) did fraudulentlie and most deceitefullie by the practize Combination sinister perswation and confederacie of thesaide Agnes Henslowe ye mother and Marie Moushurst and Elizabeth Moushurst her saide daughters Contrive and frame, and hath caused to be fraudulentlie & most deceitfullie contriued framed and made some secrett estate Conveyance and assureance vnto them thesaide Agnes the mother, and Marie Moushurst & Elizabeth her saide dawghters or to some or one of them, or to some other person & persons to your saide Oratour vnknowne, not onelie of all the lands and reall estate of thesaide William Henslowe, but alsoe some secrett conveyance assignement deede of guifte, or Bargaine and sale (grounded vpon some falce or fayned consideration) of all or the moste parte of all the money plate, Iuells, Corne, Cattell, leases, Terme and termes for lives and yeares to come and vnexpired moveable goods and houshouldstuffe whatsoeuer thesaide William Henslowe was possessed of in his life tyme, and haue fraudulentlie sercretlie and vnderhand contrived and framed some assureance or reconveyance or otherwise made some condiconall estate such as the same shall or maye of shoulde or might reuerte and come againe vnto and for the vse of thesaide William Henslowe and Agnes his wife or theire Executours or assignes vpon survivorshipp or otherwise; and in the meane tyme hath secretlie fraudulentlie and vnderhand made contrived settled or appoynted some yearelie alloweance meanes or maynteynonce either in money or some other valueable matter to and for the vse and behafe of thesaide William Henslowe and Agnes his wife or one of them or the assignes of some of them or one of them for theire lyves tyme or otherwise to their executours and assignes afterwards and yet neverthelesse ‸⸢your saide Oratour⸣ by the sinister secrett fraudulent and vnderhand dealeinge aforesaide cannott nor shall be able to helpe, satisffie, or releiue himselfe from and out of the proper estate of thesaide William Henslowe, but your saide Oratour ‸⸢by the affirmyacion of thesaide william Henslowe of the iust parte of his title to the whole premisses haueinge ben at 400 li. charge in buildinge⸣ by the breach and defaulte of thesaide William Henslowe haueinge ben dampnified and put to losse to the full value of ffiiue hundred pounds, by reason of the sinister perswation Combination & confederacie aforesaide; and by the secrett fraudulent and vnderhand dealeinge of thesaide William Henslowe, in his lyfe tyme; and of Edward Alleyn Agnes Henslowe the mother and Marie Moushurst and Elizabeth Moushurste since & before his death as aforesaide, and by reason alsoe of thesaide secrett & fraudulent estates by them contrived and made) is meerelie remedilesse in and by the stricte course of the Comon lawes of this realme, and shall alsoe runne into further damage and losse by the payment of the yearelie rent of one hundred poundes reserued vpon thesaide lease of the Bearegardeine playhouse and premisses vnto thesaide William Henslowe his executours or assignes (all, or the most parte, or at least ten partes out of twelue of all the profittes and benefitt of the same beinge taken awaie by thesaide Edward Alleyn since thesayde William Henslowe his death) and soe is likelie to be vtterlie vndone contrarie to all equitie and good conscience, vnlesse he maye or shalbe therein releiued by the equitie of this most honorable courte; In tender consideration whereof and forasmuch as your saide Oratour doth not knowe what estate or estates thesaide Edward Alleyne hath of and in the premisses or any parte thereof nor howe their Buttinges and Boundinges are of that, which he doth clayme, nor what the personall estate of thesaide william Henslowe either in money Iuells plate Corne Cattell leases Termes for lyves or yeares to come and vnexpired moveable goodes or howsholdstuffe was in the certeyne value, or, in particuler, which were soe fraudulently secretly vnderhand or otherwise at the tyme of thesaide William Henslowes sicknes and makeinge or intencion for makeinge of his last will as aforesaide or before or since conteined framed or made vnto thesaide Edward Alleyn Agnes Henslowe the mother, or vnto Marie Moushurst or Elizabeth her saide daughters or to any of them dureinge the life of thesaide William Henslowe nor what the dates nor contentes of any of the deedes Writeinges or instrumentes are or were; nor to whome nor to what vses they or any of them are or were made or intended, nor what reservacions or condicions or condiconall estates were or is lymitted in them or any of them, but your saide Oratour well knoweinge that the saide personall estate of thesaide William Henslowe at the tyme of his demise and lease made of the Bearegardeine & premisses vnto your saide Oratour was valued & estemed to be worth one thowsande poundes; and not doubtinge but that thesaide Agnes Henslowe Marie Moushurst and Elizabeth Moushurst (to whose handes <.> possession thesaide personall estate of thesaide william Henslowe did come) will discouer the seuerall parcells and the true value of the same particulerlie vpon theire Corporall oathes, in answere of that parte of thepremisses; And that thesaide Edward Alleyn who claymeth the most parte of the Bearegardeine & premisses demised to your saide Oratour and hath entered vpon the same, and doth take the profittes & benefitt thereof, will discouer the confederacie and writeinges made betweene thesaide William Henslowe and himselfe, and sett forth and declare his title and right to soe much as he doth clayme of thesaide premises and the Buttinges & boundinges of the same in answere therevnto And that thesaide Agnes Henslowe the mother and Marie Moushurst & Elizabeth Moushurst her daughters, who by practize aforesaide did cause or procure thesaide William Henslowe to settle his estate or was privey to the same by deede or deedes, and not by will (they alsoe renounceinge to prove the same, or to take <...>stration) vpon theire oathes will sett forth and declare what deedes writeinges instruementes assignementes guiftes or sales have ben made vnto them or any other person or persons of the personall estate of thesaide william Henslowe and premisses & euery or any parte thereof since the lease made by thesaide William vnto your saide Oratour, and set forth & declare what the dates and contentes of them and euery of them are, and to what vses, intentes and purposes, they and euery of them were and are, and what reservacions condicions or condicionall estates were or is lymitted in them & euery or any of them and where & in whose handes & custodie those deedes & writeinges nowe are, or what is become of them & euery of them, and what els concerneth the premisses in answere thereof, Whereby your saide Oratour may certeynlie knowe by what lawfull meanes, and from whome he maye be releiued from and out of the personall estate of thesaide william Henslowe vpon thesaide Bonde of ffiue hundred poundes, for the greate charges he hath ben at ‸⸢in buildinge⸣ and for the greate wronge losse and damages susteyned by thesaide william Henslowe ‸⸢by pretence of his full title vnto the premisses &⸣ by the breach of his covenauntes & agreementes made vnto your Oratour in that behalfe as aforesaide, and likewise howe to be releiued touchinge thesaide yearlie rente of one hundred pounds hereafter to be due vpon thesaide lease (haueinge all or the moste parte of the profittes of the premisses demised taken awaye by thesaide Edward Alleyn (who pretendeth to title thereunto) and thesaide Bonde of ffiue hundred poundes wherein your saide Oratour standeth bounde to thesaide william Henslowe his executours & assignes for payement of the same; May it therefore please your Lordship to graunte vnto your saide Oratour the kinges most gracious writte of Subpena to be directed vnto thesaide Agnes Henslowe Marie Moushurst and Elizabeth Moushurst, and alsoe vnto thesaide Edward Alleyn demaundinge them & euery of them <...> the same personallie to appeare before your Lordship in his Maiesties high Courte of Chauncerie at a certeyne daie and vnder a certeyne payne therein to be lymytted then & there to answere the premisses, and further to be ordered therein as shalbe agreable with equitie and good conscience; And your saide Oratour shall dayly prayse <...> your good Lordship &c/.

(signed) ffrancis Thetford

single membrane (7 June) (Answers of Anne Henslowe et al)

°<.....>es tres Iurati 7 die Iunij 1624° (signed) Io. Mychell (signed) Saunders I

The ioynt and severall Answers of Anne Henslowe Marye Moushurst and Elizabeth Moushurst three
of the defendauntes to the Bill of Complaynt of Iacobb Mead Complaynaunte

The said defendauntes sayth that the said Bill of Complaynte is for the most parte vncertayne and insufficyient in the Lawe to be Answered vnto, and the matters therein Contayned vntrue, & princepally imagined and pursued by the vnlawfull procurement bearinge and suppurtacion of Edward Allen esquier as theis defendauntes verely beleeve to the intent to put the said defendauntes to extraordynary Costes & expenses intendinge thereby so to vnquiett the said defendauntes as they should be inferred either to yeeld to such Composicion as the Complaynaunte and Edward Allen will give or else to leaue there right Title and interest of and in the premisses and to that end and purpose the said Complaynaunte hath made the said Edward Allen a defendaunt in the said Bill Collourably and not any intent of any due & prosecucion to be had Against him the said Allen but only in shewe, or that the said Allen by his Answere should therevppon sett forth such particulers which should be a meanes to induce this Honourable Court Whereby the said Cause should be there Contynewed: and the profittes thereof kept and detayned from theis defendauntes whereby he the said Edward Allen might purchase and buy the same of the Complaynaunte or of theis defendauntes at a smale rate and to that purpose the Camplaynaunte hath made meanes vnto theis now defendauntes or some or one of them to buy there title and interest of and in the premisses, And that the said Edward Allen hath threatned to haue the same, sayinge that yf they theis defendauntes would not lett him haue the same with there good wills, that then he would haue it Against there wills whosoever took there partes and to that end and purpose theis defendauntes are verely perswaded that this bill is exhibited with both there Consentes and without any iust Cause Neverthelesse the Advantages of all and every the excepcions vntruthes incertaynteis and insuffyciencie of the said Bill saved to themselves now and at all tymes hereafter for a full and perfect Answere to so much of the said Bill as Concerneth them or either of them, theis defendauntes doe saye that they doo verely beleeve it to be true that Phillipp Henslowe in the bill named was lawfully possessed of and in the said Messuage or Tenementes for divers years to Come as in the said Bill is Alleadged and of & in divers seuerall yardes backsides bearehouses Bull houses stables Hayloftes gardens Outhowses shedes romes dogg kennells hogstyes edyfices buildinges voyd growndes Pondes waies Passages wharfes stayres lightes easmentes Comodities & Appurtenaunces to the said Messuage & Tenementes playhowse & beargarden belonginge and Appertayninge, And that the said Phillipp Henslowe did mak his last will and Testament dated aboute the sixt daie of Ianuarie one thowsand six hundred and ffiefteene and thereby did give and bequeath the said Messuage and premisses Amongst divers other thinges vnto the said William Henslowe as in the said bill is sett forth & declared and made Agnis his wif whole executrix and shortly after dyed, And that afterwardes by vertue of the said will, the said william Henslowe entred into the said Messuage Tenementes & premisses and was lawfully possessed thereof and of every parte & parcell thereof, And beinge so possessed & lawfully interest therein without any pretended title, but only by vertue of the said will, did by Indenture bearinge date the Nyne and Twentith daie of Iune one Thowsand six hundred & seaventeene for the Consideracion in the said Indenture expressed demise the said Messuage & Tenementes and the Beargarden and playhowse Called or knowne by the name of the Hope and all the aforesaid particuler premisses with Thappurtenaunces vnto the Complaynaunte, for and duringe the full end and Terme of One and Twentie yeares in such manner and forme as in the said Bill is declared yeeldinge and payinge yearly duringe the said Terme of one and Twentie yeares vnto the said William Henslowe his executours Adminnistratours or Assignes the some of one hundred poundes of Lawfull monye of England at ffoure vsuall ffeastes or Termes in the yeare with divers Covenauntes provisoes and Condicions in the said Indenture Contayned & expressed the Counterparte of which said Indenture are now remayninge in theis defendauntes Custodies, And that true it is that the said William Henslowe did Covenaunte & graunt for himself his executours & Administratours that the said Complaynaunte his executours Administratours or Assignes payinge the said yearly rent & performinge the Covenauntes, which one his or there partes are to be performed and kept & in the said Indenture mencioned should peaceably and quietly haue hold vse Occupye and enioye the said Messuage & Tenementes Beargarden & Playhowse & all other the premisses with Thappurtenaaunces demised as Aforesaid without the lett sute trouble denyall or eviccion of or by the said william Henslowe his his executours Administratours or Assignes, or of any other person or persons by his or there meanes default Consent Occation or procurement or Clayminge by from or vnder his or there right title or interest therein, during the said Terme of One and Twentie yeares, And that the said William Henslowe and the Complaynaunte did enter & become bound each to the other in ffive hundred pounds for performinge and fulfillinge of all such Covenauntes and Agreementes as in the said Bill is sett downe & declared and is Comprised & mencioned in the said Indenture of Lease made as aforesaid But theis defendauntes vtterly denye that the said William Henslowe was at the tyme of thensealinge and deliuerye of the said Indenture of Lease vnto the Complaynaunte of the premisses lawfully seized of any estate either in ffee or ffreehold of any messuagees Landes or Tenementes in the Counties of Sussex Surrye Kent and Southampton to theis defendauntes knowledge or either of them, as in the said Bill is vntruly Alleadged neither was the said william Henslowe to theis defendauntes knowledge Possessed in his owne right of divers somes of monye Plate Iewells Corne Cattell or howsholdstuffe as in the said Bill is vntruly surmised neither was the said william Henslowe interest & estated in vse and possession of and in divers leases for Termes of Lives, & yeares to Come & vnexpyred of & in divers Messuages Landes and Tenementes in the Counties of Sussex Surrye Kent or Southampton over & besydes the lease & Terme of yeares of the said Beargarden & playhowse and the messuage Tenementes & premisses demised by the said Indenture Aforesaid as in the said Bill is falcely surmysed, except only one Lease which was graunted by one Leonard Bilson of a Tenement lyinge neire the Clinck on the bancksid in the parishe of St Saviours in the Countie of Surry wherein there is seaven yeares or there aboutes to Come & unexpyred, and wherein the is a great rent reserved in & vppon the said Lease: And whereas it is Alleadged in the said Bill that the said William Henslowe was at the tyme when the said Indenture of Lease was sealed and deliuered knowne & taken to be a man of verye great estate to that theis defendauntes defendauntes doe saye, that the Complaynaunte did and doth knowe verye well, & hath so reported that his estate was verye weak And that theis defendauntes doe verye well knowe that by reason of debtes and engaigmentes which he was drawne, & had entred into, yf that the meane⸢s⸣ of theis defendauntes and the porcions which was due vnto Marye & Elizabeth Mowshurst twoe of theis defendauntes had not bene lent vnto him the said William Henslowe in his want & extremitie he had perished in person, And theis defendauntes ffurther saye that in or aboute the month of August last past the said william Henslowe in the Bill mencioned did make his last will & Testament in writinge, & did give & bequeath by the said will sondrye smale legacies vnto some of his kyndred & frindes, but not any Landes Leases or any other matters nor of such great value as in the said Bill is Alleadged and therevppon did make Anne his wif one of theis defendauntes sole executrix of his said will, but left no great estate to paie his debtes & engaigmentes or to performe such Covenauntes which he had formerly entred into as the Complaynaunte pretendeth And theis defendauntes vtterly denye that the said william Henslowe in the tyme of his sicknes or at any tyme before or after by practice or Confederacye made betweene him the said William Henslowe & Edward Allen in the Bill mencioned or by the sinister practice perswacion Combynacion & Confederacye of theis defendauntes did purpose Craftely to defeate & defraude the Complaynaunte of his Terme of yeares to Come & vnexpyred of & in the Messuage Tenementes Beargarden playhowse Appurtenaunces and premisses which were by him demised by the said Willim Henslowe or any parte thereof Or that the said Complaynaunte did bestowe aboute the some of ffoure hundred Poundes in buildinge ffittinge fframinge & repayringe of the same as in the said Bill is falcely suggested, for theis defendauntes saye. that what Charges so ever the said Iacobb Mead did laye out from tyme to tyme in & aboute or Concerninge the said premisses which any wise Concerne the said William Henslowe to paie synce the said Indenture of Lease was made sealed & deliuered the said Iacobb Mead was truly & duelye satisfyed either forth of the rent or otherwise) with an overplus. And as Concerninge the pretended title which Edward Allen did secreetly & vnderhand fframe whereby he Contrived some Lease or graunt vnto the said William Henslowe to that theis defendauntes saye that the said Willim Henslowe haveinge the said Mansion house Called the Beargarden and the Tenementes therevnto belonginge & all the Appurtenaunces to the same Appertayninge given vnto him the said William Henslowe by the last will and Testament of the said Philipp Henslowe his brother he there into did enter Accordingly, And by reason that the said Edward Allen did pretend that some parte of the said premisses which were by the said will given vnto the said William Henslowe did of right belonge vnto the kinges Maiestie and by vertue of lres Pattentes vnto him the said Edward Allen graunted the same of right did belonge & appertayne vnto him the said Allen as by he pretended and therefore would Comence sute for the same Against the said William Henslowe: And therevppon it was fully Concluded and Agreed by and betweene the said william Henslowe and the said Edward Allen for Avoydinge of sutes betweene them, that the said william Henslowe should quietly and peaceably haue hold and enioye so much of the said premisses as did any waie belonge or Concerne the said lettres Pattentes duringe his naturall liffe yeeldinge and payinge yearly vnto the said Edward Allen or his Assignes Twentie Poundes of Lawfull monye of England, And to that end and purpose the said Edward Allen did by his Indenture of Lease bearing date the ffirst daie of March in the yeare of our Lord god one thowsand six hundred & Eighteene demise the same Accordingly vnto the said William Henslowe and Neverthelesse the said Allen did Contynew in sute in thexchequer whereby to make proffe what parte and how much of the said premisses did of right belonge vnto his Maiestie which is not as yett determyned but there remayneth still sleepinge in sute to be determyned of and therefore theis defendauntes are verely perswaded that the said Edward Allen hath no iust title therevnto otherwise he would haue had the said Cause hard and determyned longe before this tyme, but now by reason the said William Henslowe is, and theis defendauntes symple in followinge in any Courses by extremitie of Lawe and beinge left in sorrowe and greeffe for want of there guide the said Complaynaunte and the said Edward Allen hath therefore practized & Confederated themselves together Whereby vtterly to ruynate theis defendauntes by multyplicitie of sutes and thereby either to haue there whole estates from them for A smale Consideracion or els to be Contynually in sutes of Lawe, And whereas it is Alleadged in the said Bill that the said Edward Edward Allen hath entred & intiteled himself in and to the said premisses, and taketh and receaveth the profittes and whole beneffitt thereof theis defendauntes doe saye that they are verely perswaded that the said Edward Allen did not enter but with the Consent and good likeinge of the Complaynaunte for otherwise he the said Complaynaunte might haue brought his Accion Against the said Edward Allen or Against those persons which did so enter but he suffereth the same only to make a shewe whereby to wronge theis defendauntes as they doe verely beleeve Without that that the said Edward Allen doth intitle himself vnto the greatest parte of the said Beargarden Playhowse and premisses in the said Bill mencioned or that parte which the said Complaynaunte hath disbursed most monye and buildinge fittinge or repayringe and is most proffitable and threatneth & entendeth to with hold the same from the Complaynaunte for evermore pretendinge the same to be landes belonginge to the kinge which he holdeth by lease from his Maiestie as in the said Bill is Alleadged And theis defendauntes vtterly denye that After the said William Henslowe his fitt of sicknes and After the makeinge of the said will that they or either of them did ever perswade the said William Henslowe whereby to doe some ffurther Act to preiudice the Complaynaunte and to ffrustrate & take awaie all Advantages which the Complaynaunte might otherwise haue Against the executours of the said William Henslowe or Against his personall estate as in the said Bill is suggested or did fraudelently & most deceiptfully by practice Combynacion synester perswacion and Confederacye of theis defendauntes or either of them Contrive to frame or hath Caused to be framed fraudelently and most deceiptfully Contrived framed & made some secreet estate Conveyance and Assuarance vnto theis defendauntes of all the Landes & reall estate of the said William Henslowe as in the Bill is pretended: ffor the said William Henslowe presently After the makeinge of the said will perceavinge some harshe dealinge to be vsed by some of his kyndred to whom he had by the said will given legacies which speeches was offensive vnto him he the said william Henslowe therefore of his owne Accord without anye of theis defendauntes perswacions did tak into his owne Consideracion the makeinge voyd of the said will, and by reason that theis defendauntes Marye Moushurst and Elizabeth Moushurst had lent vnto him the said william Henslowe there father in Lawe from tyme to tyme divers somes of monye and haveinge there whole porcions and estates in his handes and Alwaies Contynewed as servantes vnto him he therefore the said william Henslowe of his owne Accord and voluntarye ffree will did by his deed of bargayne and sale or Assigment bearinge date the Thirteenth daie of November last past for the Consideracion of Two hundred andffourscore Poundes in the same deed specyfied graunt Convey bargayne sell Assigne and sett over vnto theis defendauntes Marye and Elizabeth Moushurst the lease of the beargarden holden of the bushopp of Winchester and the Terme of yeares therein to Come And also one other Lease of a howse or Tenement neire the Clynck on the bancksid Aforesaid which was graunted by Leonard Bilson and the Terme of yeares therein to Come and vnexpyred and all the right title and interest which the said William Henslowe had or might haue had by vertue of the said severall leases or either of them and all goodes Chattells plate Iewells howsholdstuffe naperye Lynnen wollen beddinge and all other thinges whatsoever to him the said William Henslowe due and belonginge Absolutly without any revertinge or proviso whatsoever therein Contayned as by the said deed of bargayne sale and Assignment more at lardge it maye and doth Appeare, Without that that the said bargayne and sale was grownded vppon falce or fayned consideracion of all or the most parte of all the monye plate Iewells Corne Cattell leases Terme & Termes for lives to Come and vnexpyred moveable goodes and howhold stuffe whatsoever the said william Henslowe was possessed of in his life tyme as in the said bill is also Alleadged neither haue fraudelenly secreetly and vnderhand Contrived and framed some or any Assuarance or Conveyance or any Condicionall estate such as the same might or should revert & Come Agayne vnto & for the vse of the said William Henslowe and ‸⸢ the said⸣ Agnes the defendant there executours or Assignes vppon survivorshipp or otherwise whatsoever, but only that the said william Henslowe and Agnis the defendant was by Consent of the said Marye and Elizabeth to haue some Allowance for & towardes there meate and Lodginge duringe there naturall lives Without that that the Complaynaunte by the sinester secreete fraudelent & vnderhand dealinge Cannott or shalbe able to helpe satisfie or releeve himself from & out of the proper estate of the said William Henslowe but by the Affirmacion of the said william Henslowe by the iustnes of his title to the whole premisses, Which said Title theis defendauntes will mayntayne Avarr & iustefye, And without that that the said Complaynaunte hath bene at ffoure hundred Poundes Charges in buildinges and by the breach & default of the said William Henslowe haue bene dampnifyed & put to losse to the full value of ffive hundred poundes by reason of the synester perswaciones Combynacion & Confedracy Aforesaid, and fraudelent & vnderhand dealinge of the said William in his liffe tyme or of Edward Allen or theis defendauntes synce & before his death and by reason of the said secreet & fraudelent and vnderhand dealinge of the William in his liffe tyme or of Edward Allen or theis defendauntes synce and before his death./ And by reason of the said secreet and fraudelent estates by them Contrived is meirely remedelesse in and by the strict Course of the Common Lawes of this Realm Or that the Complaynaunte shall Run into further damage & losse by the payment of the yearly rent of one hundred Poundes reserved vppon his said lease or all the most parte or at least Tenn parte out of Twelve beinge taken Awaie by the said Allen synce william Henslowe his death as in the said bill is also Alleadged for theis defendauntes doe saye that yf the said Complaynaunte would either tak Course by lawe Against the said Edward Allen or Against them that doe wilfully enter or intrude vppon the said grownd & take Awaie the proffittes thereof or give waie & Consent that theis defendauntes might proseed in the Complaynauntes name Against them that so wilfully offend as is pretended the said Complaynaunte haveinge interest therein by vertue of the said lease the Complynaunte might therevppon with expedicion keepe & hold his peaceable possession accordinge to the Covenauntes & Agreementes which the said William Henslow did Condiscend vnto in the said Indenture of demise, theis defendauntes Marye and Elizabeth Moushurst wilbe willinge to mayntayne & keepe in such sort as is fittinge yf honest & good Courses be taken & performed by the said Complaynaunte and not by trickes & devises to ruynate theis defendauntes Without that that any other matter Cause or thinge whatsoever in the said bill of Complaynt Contayned & herein and hereby not suffyciently Answered denyed or traversed is true All which theis defendauntes & either of them are readye to Avarr iustefye mayntayne & prove as this Honourable Court shall award and therefore prayeth to be dismissed forth of the same with there reasonable Costes in that behalf most wrengfully & punistly sustayned

(signed) Thomas Talbot