Chancery Court: Master's Report in Edward Alleyn v. William Henslowe

ff [1-2] (16 June)

Inter Edwardum Allen Armigerum Querentem
WillIamum Henslowe defendentem./

According to an order of this Court made Iunij 6^to Anno regni Regis Iacobi 15^o I haue considered of the plaintifes bill and the defendants answere and of the exceptions sett downe in writing to the insufficiencie of the said answere, And I finde the said Answere to be insufficient in these pointes; that is to say, Wheras the plaintif in his bill setteth forth that he being lawfully possessed by good and sufficient conveyance or otherwise of the mansion house called the Beare garden and of diverse tenementes thervnto belonging worth a .100. li. per annum at the least euer since the death of one Agnes Henslow late wife of Phillipp Henslow deceased. The said defendant answereth that one Phillipp Henslow his Brother was heertofore (as he thinketh) possessed of the premisses for the tearme of diuerse yeeres yet to come; And doth not answere whether the plaintiff were possessed by good and sufficient conveyance or otherwise, or whether he were possessed euer since the death of the said Agnes Henslow, or whether it be worth a .100. li. per annum at the least, Which in my Conceite he ought to haue done. And | wheras in the bill it is said that the defendant combyning himself with diuerse other persons his associates & insinuating himself into the companie of diuerse of the plaintiffes tennantes and servantes by that meanes gott into the mansion ‸⸢house⸣ and kept both the possession therof and of all the tenementes thervnto belonging and of the evidences and writings concerning the premisses and of the evidences & writinges belonging vnto other the plaintif his land against the plaintif, and thrust him out of the possession therof without title or colour of title, Heervnto the defendant answereth that the Interest and tearme of yeeres of Phillipp Henslow of and in the premisses is lawfully (as he hopeth to proue) come vnto him, wherof he is lawfully possessed for such tearme of yeeres as in the demises and leases therof are conteined: and that he hath not in his hands or custodie any such evidences or writings neither hath he deliuered any such to anie other person apperteyning vnto the complainant without answering whether or noe hee did combine | with the plaintifes tennantes and servantes or other persons and by that meanes gott the possession of the mansion house Tenementes and evidences concerning the same & concerning other the plaintifes land: and without answering whether or no he thrust the plaintif out of the possession therof without, title or colour of title, otherwize then by waie of traverse, vnto which in myne opinion, he should haue made a particular plaine and direct answere shewing therby not onely what euidences and writings he hath concerning the said mansion house & tenementes or concerning the plaintifes land, and whether or no he thrust the plaintif out of the same, But also how and by what title or colour of title he came by or claymeth to hold either the said evidences & writings or the possession of the said mansion house & Tenementes

(signed) Iames Hussey