Star Chamber Case: John and William Henslowe v. Edward Alleyn et al

mb 5 (17 May) (Bill of Complaint)

To the Kinges most excellent Maiesty

In most humble manner sheweth and informeth vnto your most excellent Maiestye your obedient and faithfull Subiectes Iohn Henslowe of London one of your Maiestes Servauntes & William Henslowe of Buxteade in your County of Sussex Gentleman That wheras Phillipp Henslowe late of the parishe of St Sauioures within your Burrough of Southwarke in your Comitatus of Surrey Esquier one of the Sewers in ordinary to your most excellent Maiestye haueing married & taken to wife Agnes Woodward Widowe of (blank) Woodward by whome she had yssue onely one daughter named Ioane was in his life tyme lawfully seised in his demeasne as <...> of & in diuerse free hould landes scituate lying & being within your said Burrough of Southwarke, and was alsoe possessed of diuerse leases, landes, houses, plate Iewells moneye, goodes Chattelles debtes & househould stuffe amounting to the valewe of ten or twelue thouzand poundes or theraboutes, & so seised o<...> about the sixth Day of Ianuary 1615 & in the thirteenth yeare of your Maiestes most happie raigne ouer this your realme of England in the said parish of St Sauiours dyed without any yssue. And wheras your Maiestes said Subiecte Iohn Henslowe being next in blood to the said Phillipp Henslowe that ys to saye Sonne and heire of Edmond Henslowe who was elder Brother of the said Phillipp Henslowe deceased all & euery of the said free hould Landes ought by the Course of the Common lawes of this Kingdome to haue descended & come to your Maiestes said Subiecte Iohn Henslowe as next and ymmediate heire to the said Phillipp Henslowe deceased. But now so it is (maye it please your most excellent Maiestye) that one Edward Allen of Dowladge in your said Comitatus of Surrey late one of the stage players to the late high and mighty Prince Henry deceased hauing married & taken to wife the said Iohn Woodward daughter of the said Agnes by a former Husband as aforesaid and well knowing that the said Phillipp was a mann of greate estate & wealth and knowing that the said Phillipp had made his last will & testament in writing and therby had demised bequeathed settled & disposed of all his estate amongst his poore Kinsfolkes and ffrendes intending onely to leaue some competent and fitting proporcion of liuelihood for the releefe & meintenaunce of the said Agnes his said wife for the tearme of her naturall life who through age & infirmity being a hundred yeares ould was not likely long to liue nor to be able to manage any estate that he should leaue to her Whervppon the said Edward Allen finding the said Phillipp Henslowe to be very sicke and in great daunger of death did confederate combine & practize with the said Agnes his mother in lawe & one Roger Cole of the said parishe of St Sauiours Gentleman ‸⸢Register⸣ of the prerogative Court of Cant ⸢Winchester⸣ and diuerse others namely Nicholas Shepheard, Robert Bromefield, Iames Archer and Iohane Horton how they might drawe the said Phillipp Henslowe to alter his former will soe made as aforesaid and to settle his estate vpon the said Agnes and Edward Allen, and to that purpose they the said Allen & Cole did intice & perswade the said Phillipp Henslowe to make a new will, and to giue vnto the said Agnes ‸⸢all⸣ his estat for her life and to make her his sole executrixe, and them the said Allen & Cole the Ouerseers therof which the said Phillipp Henslowe often refuzed to doe, and often said that the said Allen should haue nothing to doe with his will, nor should medle with his estate. Yet neuerthelesse the said Allen & Cole finding the said Phillipp Henslowes sicknes to increase & the memory & sences of the said Phillipp to decrease did without any direcion instruccion notice ‸⸢privitye⸣ or vnderstanding of the said Phillipp Henslowe being then past all disposing powre & memorye betweene themselues forge & contriue a feined & false will and cause a draught therof to be made & sett downe in writing, which they did intend to sett one foote & publishe to be the last will & testament of the said Phillipp Henslowe by which false & forged will it is pretended that the said Phillipp Henslowe should giue & bequeathe all his freehould Landes to the said Agnes his wife for the tearme of her naturall life being in traith an aged woman almost a hundred yeares ould not able to gouerne her self in respect of her great weakenes & ympotencie colorably pretending to giue & distribute his leases after her decease amongst some of his Kinsfolkes and that therby he should make the said Agnes his sole executrix & the said Allen & Cole Ouerseers therof which said will so by themselues forged construed & made they the said Agnes Allen & Cole finding the said Phillipp Henslowe to be past all sence & vnderstanding brought vnto the said Phillipp aboute two or three houres before he died & much ymportuned hym to subscribe the same and to allow it for his last will. And for that purpose the said Allen finding the said Phillipp Henslowe so weake & feeble as that he was not able to moue his fingers, did offer to guide his hand for the writing of his name and would so haue donne had not some persons then present advised hym to the contrarye. yet neuerthelese the said Allen intending by sinister meanes & practizes to gaine vnto hymself the estate of the said Phillipp Henslowe haueinge married the daughter to the onely Childe of the said Agnes. & supposing that yf he could by thease his wicked practizes to procure the said Agnes to be sole executrix to the said Phillipp Henslowe by any such false & forged will that then in regard of her age ympotencye and disability of sense & vnderstanding being like a very Childe as aforesaid he should drawe vnto himself the managing of the whole estate of the said Phillipp Henslowe all or the greatest parte wherof consisted in leases goodes and Chattelles and att the last wearying and tyringe out the said Phillipp Henslowe with their ymportunity and putting a pen with ynke in his dying hand hymself being in truith but a breathing Coarse, and by reason of his said sicknes become so feeble & vnsensibble as that he neither kneew nor descrued the sheetes of his Bedde from the said paper so offered vnto hym did begin to write vppon his sheetes which the said Edward Allen perceauing guided his hand to the said paper & caused hym to make a cleine scratch thervppon, Wheras the said Phillipp Henslowe in his health & memorye would write a faire & legible hand, After which the said Edward Allen by practize and combinacion withall the rest of the Confederattes aforesaid affixed waxe to the said supposed & counterfeyte will and the same ympressed with a seale & would haue caused the said Phillipp Henslowe to pull or take of the said seale but finding hym not able to claspe his handes the veines & senewes therof being with the grips and panges of his then ymmenent death all stiffe & benummed & well perceuing no shew or signe of liking or disliking therof in the said Phillipp, the said Edward Allen by the Combinacion aforesaid tooke the said Phillipp by the wrist & with his the said Phillipps almost dead hande stroke of the said seale from the said paper which he the said Allen had formerly so placed vppon the ⸢sayd⸣ waxe as aforesaid; whervppon the said Roger Cole sayed it is enough and thervppon the said Edward Allen and Roger Cole required the said Phillipp Henslowe to deliuer the said supposed will being more then half dead by that tyme neither did nor aunswered any thing thervnto. All which practizes plottes & Conferdacyes being well noted and much misliked by some of your maiestes loueing Subiectes then & there present whom the said Edward Allen Roger Cole & the rest of the said Confederattes had drawen thither for witnesses & whom the Confederattes aforesayd well hoped by corrupt & vnlawfull bribes & rewardes to draw & worke to conceale the truith of all and euery the premisses some of your maiestes said loueing Subiectes calling with a very brod voice ‸⸢demanded of him⸣ the said Phillipp Henslowe demaunded of hym if he intended that the said forged writing should be his last will and testament who thervnto aunswered gastly and faintly (Noe Will Noe Will) which the said Roger Cole by the combinacion aforesaid interpreted that the said Phillipp ment the same should not be his last will if he liueed. In which said false feined forged & supposed will there was inserted diuerse & sondry clauses very preiudiciall aswell to your said Subiectes as to all other the Kindred of the said Phillipp Henslowe who might otherwise clayme any propertye or right by anye parte of the said Phillipp his estate or might finde themselues greeued withe the said supposed will wherby as well your said Subiectes as allsoe all the rest of the Kindred aforesaid weare barred & excluded from all remedye in any of your Subiectes Courtes of iustice by course of lawe for that by one expresse clause and prouision in the said forged will conteyned it was cautioned that all persons to whome any legacy or legacies weare therin inserted to be bestowed weare concerning all doubtes & controuersies touching the premisses to be aduised & directed by the said Edward Allen & Roger Cole or either his or theire legacye to be lost & come to the said Edward Allen as in & by the said supposed or forged writing & probate therof amongst diuerse other cantelous clauses sentences and articles therin conteyned vnto which your said Subiectes farr more certeinly therin distrese themselues as more & by large it doth & may appeare which said forged writing the said Edward Allen & Roger Cole by the confederacy & combinacion aforesaid did reporte publishe & giue out to be the true last will & testament of the said Phillipp Henslowe who about eight of the clocke in the night of the said sixth daye of Ianuary in the said thriteenth yeare of your Maiestes said most happie raigne died And thervppon the said Edward Allen & Roger Cole the better to effect their purpose in the premisses & the more to streinthen the said false & forged writing & fearing that your said Subiectes or some other intitled either to the reall or personall estate of the said Phillipp ⸢Henslowe⸣ Canterbur would enter some Caueatt wherby to preuent the proouing therof did by the vnlawfull practize confederacy & combinacion aforesaid & for vnlawfull & corrupt bribes & rewardes cause & procure the said false & forged will to be proved in common forme in the prerogatiue court of ⸢Canterbury⸣ Cante<...> on & vppon the seauenth day of Ianuary 1615 in the same thirteenth yeare of your Maiestes said raigne being sonday in the morning of the same daye and being the very next day after the decease of the said Phillipp Henslowe directly contrary to the course of the said Court by which said practise & confederacye aforesaid your said Subiectes weare debarred of the benefitt of the whole personall estate of the said Phillipp Henslowe After all which practizes in <.....> & forme aforesaid effected the said <...> Allen & the rest of the Confederattes aforesaid fearing that your said Subiectes would therof complayne to your most excellent Maiesty for redresse in the premisses did publishe & affirme that there was one other scantelouse & corrupt clause conteyned in the said forged will pretending that the said <...> Henslowe had vtterly disinherited your said Subiecte Iohn Henslowe being his next & ymmediate heire not onely of all his leases coppyhould landes & other his goodes & Chatteles but also of all & euery parte & parcell of his freehould landes & had deuised & bequeathed the same to the said A<....> during her naturall life & after her decease one parte therof to Phillipp Henslowe eldest Sonne & heire apparant to your said Subiecte Iohn Henslowe & the reast to others of his Kinsfolke which false & vnconscionable clause the said confederattes did therfore insert into the said forged will to such end & purpose as that your said Subiecte Iohn Henslowe being therby defeated & frustrated of all his right meanes & estate due from the said Phillipp deceased and kept bare poore & vnable the said Confedrattes might the easlier effect & bring to passe their said <...>agt hym to seeke for releefe or succor in the premisses ffor the better compassing & working wherof they the said Confederattes by the practize confederacy & combinacion aforesaid gott & procured ‸⸢into⸣ their owne handes Custody & possession all & euery the deedes Evidences Chard<...> writtings and munamentes of the said Phillipp Henslowe Deceased as well which Concerned his personall estate as alsoe which Concerned his Coppihold landes or landes of Inheritance Whereof when your said subiect Iohn Henslow had notice and Intelligence hee did then <...> in Hillary terme in the said Thirteenth yere of your highnes said Raigne by his Bill of Complaint exhibited in your Maiestes highe Courte of Chancery against the said Edward Allen Agnes Henslowe and Roger Cole most humbly Complayne to the then Right Honourable the late Lord Chancellor of England and therein did sett forth all the matter aboue specified in such manner and sorte as is before expressed To which Bill the said Edward Allen Agnes Henslow and Roger Cole aunswered & the Cause proceeded to the examinacion <...> publicacion & to hearing in the presence of Councell lerned on both sides But for that vppon entering into the hearing of the matter touching the said pretended will being both of landes & goodes ‸⸢it⸣ appeared vnto the said Court that the question betweene the said parties was whether the same weare a will or noe will the said Court conceyved to be more meete to be tried att the common lawe it was therfore amonghst other thinges ordered that the matter should be from thence dismissed as by an order of your maiestes said high Court of Chauncery there made & graunted the said seaventh day of ffebruary now last past amongst diuerse other thinges therin conteyned more att large it doth & may appeare Before the which entering into the hearing of the said cause in your Maiestes said Court of Chauncery the said Edward Allen & Roger Cole according to their said former Combinacion plott & practize with the rest of the said Confederattes did subtilly & sinisterly th<...> otherwise vndue forme of lawe bring & produce into your Maiestes said high Court of Chauncery the said other Confederattes namely Nicholas Shepheard Roberte Bromefeild, Iames Archer & Ioane Horton to be there examined as witnesses on the part & behalf of the said Edward Allen & Roger Coles for & concerning the <...> & sufficiencye of the said forged will By reason wherof the said Nicholas, Robert Iames & Ioane weare in due forme of lawe sworne & deposed vppon their corporall oathes to deliuer the whole truith of their knowledges & consciences concerning the same will Before which producion the said Edward Allen & Roger Cole did for bribes rewardes & promises of both by them giuen & made vnto the said confederated witnesses so produced as aforesaid fully prepare suborne & instruct the said witnesses what & howe they & euery of them should depose sweare & testifie vnto euery point & matter that vppon any any articles <...> he interrogated or demaunded of them touching the said counterfeite & forged will for the crediting inabling & streinthining of the same Whervppon & according to the said confederacye plott & practize aforesaid the said Iames Archer Nicholas Shepheard, Robert Bromefeild & Ioane Horton weare sworne <...> in your said high Court of Chauncery in due forme of lawe & being thervppon examined in the same court aswell one the parte & behalf of your said Subiecte then & there plaintiff as one the parte & behalfe of the said Edward Allen Roger Cole & others defendantes vppon certeine Interrogatories touching the validitye of the said false & forged will & other the matters then in question first the said Iames Archer by waie of corrupt periurye & by the subornacion of the said Edward Allen Roger Cole and other the Confederattes aforesaid and for vnlawfull bribes & rewardes did amongest diuerse other falsetyes <...> contrarietyes most wickedly, falsely willfully & corruptly ‸⸢for vnlawfull Bribes and rewardes⸣ sweare & depose vpon h<..> ⸢his⸣ said corporall oath that the Testator Phillipp Henslowe did begin to make his will & nominate the legacies and the parties names to whome he bequeathed the same And likewise the said Ioane Horton by waye <...> aunswere vnto certaine Interrogatories as well one the parte & behalf of your said Subiecte Iohn Hynslowe as on the parte & behalf of the said Edward Allen, Roger Cole, & others by the vnlawfull procurement & subornacion of the said Edward Allen & Roger Cole did amongest diuerse other untruithes <...> contrarities most falsely wickedly wilfully & corruptly for vnlawfull bribes and rewardes sweare & depose vppon her said corporall oathe that she was in the Chamber when the will was sealed & deliuered and did see the testator make his marke And the said Nicholas Shepheard by the practize confederacy & combinacion aforesaid & by the procurement & subornacion of the said Edward Allen & Roger Cole & for vnlawfull & corrupt bribes & rewardes did amongest other thinges most falsely wilfully & corruptly sweare & depose vppon his corporall oath that the instruccions taken vppon the ffridaye & newly written ouer & putt into the forme of a will did not differ from the later will in any maine pointes but onely of the clause of the Ouerseers & the poore peoples gownes And the said Roberte Bromefeild by the Combinacion and confederacy aforesaid & for vnlawfull bribes & rewardes by the procurement & subornacion of the said Edward Allen did most falsely by waie of aunswere to certeine Interrogatories in your said Court in the same cause most falsely willfully & corruptly vppon his said corporall oath sweare and depose amongest other thinges that the testator did will & intreat hym the said Roberte and Mr Cole to goe about his will & that they did moue hym about the same And that the instruccions taken vppon the friday & newly putt into the forme of a will did not differ in anie maine pointes but in the Clause of Ouerseers, & for the poore peoples gownes As by the said deposicions remayning of record in your Maiestes said high court of Chauncery (whervnto your said Subiectes for more certeinty heerin refer themselues more att large it doth & maye amongest diuerse other thinges sweare. In and by all & euery which said deposicions the said Iames Archer Ioane Horton Nicholas Shepheard & Roberte Bromefeild by the practize confederacye procurement & subornacion of the said Edward Alline & Roger Cole haue seuerally & respectiuely Committed most wicked willfull & corrupt periuries & periuries and the said Edward Allen & Roger Cole subornacion of periurye ffor your said Subiectes do auerr & will proue that the said Phillipp Henslowe did not att any tyme during his last sicknes begin to make any will or to nominate any legacies or anye parties names to whom he then bequeathed the same as the said Iames Archer in & by his said deposicion hath most falsely & vntruely alleadged And that the said Ioane Horton was not in the Chamber when the said forged will was sealed & deliuered neither was the same sealed or deliuered att all neither did shee euer see the said Phillipp Henslowe deceased make his marke theratt as in and by her said deposicion the said Ioane hath most vntruely suggested And that the said Phillipp Henslowe deceased did not giue <.>ny instruccions ⸢<....>⸣ for the makinge of the said forged will on the ffriday or on any other tyme before his death neither weare anie such instruccions geuen by the said Phillipp newly written ouer & putt into the forme of a will in suche sorte as in & by the deposicion of the said Nicholas Shepheard is most falsely & vntruely furnished. And that the said Phillipp Henslowe deceased did not will & intreate the said Roberte Bromefeild & Roger Cole or either of them or any other person or persons whatsoeuer to goe about the said pretended will, or that the ‸⸢said pretended⸣ instruccions falsely supposed to be taken vppon the ffridaye & newly putt into the forme of a will wear att any tyme giuen made or directed by the said Phillipp Henslowe deceased as the said Roberte Bromefeild in his said deposicion hath most vntruely & falsely surmised In tender Consideracion whearof and for that the said practizes plottes forgeries periuries & subornacions of periurie<.> & other the offences aforesaid did not onely tend to the greate wronge losse damage & preiudice of your said Subiectes but are also directly contrary to many your Maiestes good & wholesome lawes & statutes of this your Lord <...> realme & would be very daungerous in example of such like euill disposed persons yf condigne punished should not be inflicted vppon the Offendors, And weare all donne & committed since your Maiestes last most gracious generall & free pardon. May it therfore please your ⸢ moste excellent⸣ Maiesty to graunt vnto your said Subiectes your highnes most gracious writt of Subpoena to be directed to the said Edward Allien Roger Cole, Iames Archer Ioane Horton Nicholas Shepheard & Roberte Bromefeild commaunding them & euery of them att a day certeine & under certeine <...> therin to be limitted personally to be & appeare before your Maiesty and the Lordes of your Maiestes most honorable privie Councell in your highnes Court of Starchamber then & theare to aunswere the premisses and bestand to & abide such further order & direccion therin as to your Maiesty and your said Lordes shalbe agreeable to lawe & iustice. And your Subiectes shall dayly pray for your Maiesty &c./

(signed) Ihn Hughes

mb 4 (21 July) (Answer of Edward Alleyn)

The aunsweare of Edward Allen Esquire one of the defendantes to the scandalous and maliciouse
bill of Complaynte of Iohn Henslowe and William Henslowe plaintiffes./

...this defendaunt ffurther saieth that the said Phillippe Henslowe did by his said will bequeath to William Henslowe ‸⸢one⸣ of the plaintiffes after the death of the said Agnes late wife of the said Phillippe a lease of some parte of the Bearegarden on the banckes side in Surrie and the tearme of yeares thearein ‸⸢still⸣ to Come, and the said Agnes beinge sithence deade hee the said William Henslowe hath entred, and posseste himselfe of that parte of the said Bearegarden soe intended and bequeathed to him by the said Phillippe Henslowe, whearevnto hee Cann or doth pretend or derive vnto himselfe noe other Title for oughte that this defendant Could ever heare or vnderstand, then by the will of the said Phillippe Henslowe deceased, which will hee the said William Henslowe beinge one of the plaintiffes in this Cause nowe seeketh to impeache notwithstandinge hee loseth benefitt theareby, Of all which matters this defendaunt hopethis honourable Court will take dewe Consideracion and not permitt the plaintiffes to proceede in this suite whereas the matters heare Complayned of haue beene in due and orderlie sort dismissed twoe seuerall times in Chancerie as before afore said, and the plaintiffes refuse to followe the direccions of that Court, but exhibit theire bill in this honourable Court to impeache that will wheareby one of them receiveth benefitt and hath possest himselfe of that parte of the Beare garden which was bequeathed to him by the said will of the said Phillippe Henslowe deceased, And to geve this honourable Court a ffull satisfaccion of this defendauntes innocencie touchinge the matters of offence whearewith this defendaunte standeth Chardged in and by the plaintiffes bill, Hee this defendaunte for further answeare thearevnto saieth, that the said Phillippe Henslowe deceased in the bill named as this defendaunt hath heard and beleeveth it to bee true beinge servaunte to the said Agnes his wife deceased whilest shee was widdowe to the said (blank) Woodward in the bill named and shee having a likinge or affeccion to the said Phillippe Henslowe did aboute seaven and Thirtie yeares sithence marrie and take him to husband hee beinge then of small meanes or abillitie and by that meanes gained all or most parte of her estate to a greate value wheareby hee enabled himselfe not onlie to gaine that place which he helde in Court but allsoe boughte all or the moste parte of the landes leases and other personall estate wheareof hee was seizede and possest att the time of his deathe, And the said Phillippe Henslowe did diuerse and manie times duringe the intermarriadge with the said Agnes vntill his deathe acknowledge the greate advauncement hee had by the said Agnes and that he had spent a greate parte of her estate, and in that respect would often saye or premise to this effect that if the said Agnes did survive him that then hee would att his deathe deale verie liberallie with her and leave all or the most parte of his estate to bee disposed of by her and for her mainteynaunce duringe her life, which promise as it seemeth by the sequell the said Phillippe meant trewlie to performe...