Court of Exchequer: Attorney General v. the Bishop of Winchester, William Henslowe, and Jacob Meade

Item 165, mb 1 (Bill of Complaint)

To the righte honourable Thomas Earle of Suffolk Lord Treasurer of England Sir ffoulke Grevyll knight Sir Lawrence Tanffeilde Lord Cheife Baron of the kinges maiesties saide Exchequer <...>

Sheweth and Informeth to your good officers Sir Henry Yelverton knighte the kinges maiesties Attournie geneerall That whereas one Henry Polsteed Esquire in or aboutes the sixth yeare of the raigne of Kinge Edward the Sixth of ffamous memorie was seized on his demesne as of ffee or of some other estate of <...> of and in one Capitall messuage and tenement or Inne Called the vnicorne which he <...> of and in all those messuages, Cottages, Curtilages, Whariffes, Gardens, Orchards, and other heredytaments with the appurtenances then or latelie before in ye <...> or tenancies or occupacion of Iohn Allen, Robert Mote; Robert Iohnson, Leonard Willis, Iohn Dauncye, Thomas Warren, Thomas ffloodye, Robert Exninge and Peter Heminge or of some of them or of their assignes or of the assignes of some of them, then and at this <...> scituate lyinge and beinge in the parishe of St Saviours in the Burroughe of Southwarke in the Countie of Surrey. And the said Henrye Polsteede being soe seized thearof in or aboutes the said sixte yeare of the raigne of the said kinge Edward the sixt <...> messuage Called the vnicorn and all other those messuages, Cottages, Curtilages, whariffes, Orchards, gardens, and other the heredytaments before saide then or late before in the severall tenures or occupacions of the persons before said <...> assignes or assignees of some of them with the saide kinge Edward the sixte. To haue and to holde the same to the saide kinge Edward the sixte and to his heires and successors, fforever. By lease wheareof the saide kinge Edward the <...> messuages <...> and tenementes taken in exchange from the said Henrye Polsteede and was seizde thearof in the righte of his Crowne of England to him his heires and successors ffor ever. And the said kinge Edward the sixte <...> lettres Pattentes bearinge date the sixte and twentieth daye of Aprill in the said sixte yeare of his raigne over this realme, ‸⸢of England⸣ beinge seizde of the said landes in the right of his Crowne, demised the same to the saide Henry <...> to Comence from the ffeaste of the Annunciation of our blessed virgin Marye then last past before the date of the saide lettres Patentes att the yearelie rent of thirtie twoe poundes ffowre shillinges ffive pence, and after<...> the said messuages, landes, and <...> and Came to the late Queene Elizabeth of ffamous memorye in righte of her Crowne ‸⸢of England⸣ whoe by her highenes lettres pattentes vnder the greate seale of England bearinge date att Westminster the eleventh daye of October <...> Realme of England, did likewise demise and to ffarme lett the saide messuages, landes and tenementes soe had in exchange from the said Henrye Polsteede as before said to Robert Liveseye Esquire and Gerrard Goore <...> Queene Elizabeth her heires and successors one tenement and parcell of land ‸⸢& pondes⸣ Called the Queenes Pike Garden the same beinge parcell of the saide premisses soe had in exchange as before saide from the said Henrye Polsteede <...> except before excepted vnto the said Robert Liveseye and Gerard Goore theire executors and assignes from the daye of the date of the said lettres pattentes vnto the full end and terme of ffiftie yeares from the <...> Compleate and ended att the yearlie rent of seaven and twentie poundes ffowreteene shillinges tenne pence as by the said lettres pattentes amongest other thinges readye to bee shewed to your honourable Lordshippes<...> is yet in beinge and the tearme of yeares thearein graunted of the said premisses to the said Liveseye and Goore is yett vnexpired and not determined, The interest thearof, and of the tearme of yeares thearin <...> assignementes in or aboutes the Eight and thirtieth yeare of the raigne of our late soveraigne Lady Queene Elizabeth, did Come vnto Phillippe Henslowe late whiles hee lived, of the parishe of Saint Saviours in the said Countie of <...> whoe was accordinglie possest of the said premisses soe demised by fforce of the said lettres pattentes made by the said late Queene Elizabeth, and of the assignement thearof made vnto him and quietlie & peaceablie po<......>d and <...> thearof for aboutes twentye yeares before his deathe without the deniall or interrupcion of anie person; which said Phillippe Henslowe in his lifetime in or aboutes the sixth ydaye of Ianuarie in the thirteenth yeare of the raigne <...> nowe ys beinge so possessed as beforesaid, made his laste will and Testament in writinge, and thearof made and ordained Agnes his wiffe executrixe not gevinge or disposinge theareby the Interest which he had in the <...> graunte of the premisses aforesaid demised by the said late Queene Elizabeth to the said Liveseye and Goore, And afterwardes hee the said Phillippe Henslowe died possessed as beforesaid after whose decease the said Agnes <...> of Lawe proved the said will and tooke upon her the execucion thearof, and by reason thearof was interessed and invested in the said demise and graunte of the said premisses made from the said late Queene Elizabeth had of the tearmes <...> to Come and vnexpired, and was in possession of the said premises demised and graunted as before saide and had and receaved quietlie the rentes and profittes thearof accordinglie duringe her life; And shee the said Agnes execut<...> and testament of the said Phillippe Hensloe deceased in or aboutes the ffifteenth daye of ffebruarie in the thirteenth yeare of the kinges maiesties raigne that nowe ys, made allsoe her laste will and testament in wrytynge <...> ordayned Ioane her daughter sole and onelie executrixe without disposinge givinge or bequeathinge the interest which shee the said Agnes had in the saide demise and graunte and of the tearme thearin then to Come <...> And afterwardes vizt aboutes a yeare after the said Agnes died possessed as aforesaid, after whose deathe, she the said Ioane proved the said will made by the said Agnes by wittnesses in dewe fforme of lawe <...> of the said will, and thearby was and is solye Interessed and Invested into the righte of the saide demise and graunte of the said premisses demised by the said late Queene Elizabeth as afore said and of the tearmes of <...> Come and vnexpired, And the said Robert Liveseye and Gerard Goore whoe ffirst had the said demise and graunte of the said premisses from the late Queene Elizabeth and ⸢all⸣ those vnto whome their interest thearin <...> meane Conveyaunces vnto the tyme of the exhibitinge of theis present Informacion, haue well and truelie paied to the kinges maiestes or receaver for the said Countie of Surrey for the time beinge the yearelie rent of Twentye seaven poundes <...> shillinges tenne pence reserued vppon the said lettres pattentes made by the saide late Queene Elizabeth and dewe and payable for the said premisses att the feastes and since limitted for the payment of the said rent by <...> of the said late Queene Elizabeth. But now soe yt is maye it please your honorable Lordshippes That ‸⸢the right reverend father in god Lancelott Andrewes Bisshop of wynchester⸣ William Hensloe of Buxteede in the Countie of Surreye gentleman and Iacobbe Meade of the parishe of St Saviours <...> Countie of Surrey waterman, well knowinge the premisses to bee trewe and that the said landes soe had in exchange by kinge Edward the sixte as before saide from the said Henry Polsteede are Come and discendeded <...> that nowe ys in the righte of his Crowne of England, and that the kinges maiestie and his predecessors before named kinges and Queenes of England haue allwayes from tyme to tyme sithence the said exchange vnto <...> of this Informacion, received the rentes thearof and disposed of the same att theire will and pleasure; yett they the said ‸⸢Lord Bisshop of Wynchester⸣ William Hensloe and Iacobbe Meade haue and doe Confederate and Clayme ‸⸢ioyne⸣ togeather <...> kinges maiestie of the entire estate of the premisses and of the rentes and profittes dewe and payable to his maiestie in righte of his Crowne for the said premisses, but allsoe what in them lieth to obscure the said premisses and <...> boundes limittes and names thearof so yat ye same shall not bee discerned or knowne from ye landes of ye said Bishoppe of Winchester which he holdeth in righte of his Bishoppricke and abuttinge and beinge neare adioyninge to ye said premisses and <...> had in exchange from the said Henrye Polsteed as before said, which landes belonginge to ye said Bishoppe of Winchester, weare by Stephen Gardyner late bishoppe of winchester vnder his Episcopall seale in yat Nyne and thirtyeth <...> Eighth demised and lett to ffarme to william Payne of Southwarke aforesaid yeoman for ye terme of nyntie nyne yeares, which said lease alsoe by meane Conveyaunces and assignementes derived from and vnder the said William <...> sithence Cause and weare Conveyed to ye said Phillippe Henslowe before his death, whoe was allsoe in possession thearof, for ye space of Twentie yeares before his deathe whoe by his laste will and testament did geve <...> lease which hee had and held vnder ye said Bishoppe of Winchester, and ye terme of yeres therein to Come vnto ye said william Henslowe on theis wordes ffollowinge vizt. Item I give and bequeath after ye decease of <...> assignees all that my messuage mansion ‸⸢howse⸣ and lease Called the Beare Garden with all ye tenementes and appurtenances therevnto belonginge which I holde and enioye by <...> ye said ‸⸢now bishopp of winchester⸣ William Henslowe and Iacobbe Meade doe pretend publishe and geve out yat all ye premisses which ye kinges majestie holdeth on righte of his Crowne of England by fforce of ye said exchange made with the said Henry Polsteede <...> vnto the kinges maiestie but yat ye same are ye said landes belonginge to ye ‸⸢now⸣ bishoppe of winchester which weare leased by the said Stephen Gardyner late bishoppe of winchester to ye said william Payne, and in <...> Hensloe by vertue of the said legacie and bequest geven to him ‸⸢by⸣ the said Phillippe Henslowe of the interest of the said lease made by the said bishoppe of winchester as aforesaid to ye said Payne and the said William <...> pretend<.> himselfe to bee vndertenaunte to ye said ‸⸢nowe bisshopp of wynchester and ⸣ William Hensloe of the said landes leased by ye bishoppe of winchester as aforesaid, haue vnder Coloure of ye said legacie and bequest and vnder Coloure of ye said longe occupacion <...> in one and ye same hand possest themselues not onelie of ye landes leased by ye bishoppe of Winchester, but allsoe of ye said premises belonginge to ye kinges maiestie in righte of his Crowne vnder pretence yat ye said landes belonginge to ye Bishop of Winchester <...> with‸⸢ine⸣ ye said premises belonginge to ye kinges maiestie had in exchange from Henrie Polsteede as aforesaid, And to ye purpose haue and doe of themselues sett and make ffalse bondes betweene the said premisses belonginge to the kinges <...> belonginge to the bishoppe of winchester, and doe soe make and sett ye said ffalse bondes within and vppon the kinges maiesties landes vizt ffarre beyond a newe buildinge which ye said Philiippe Hensloe builte a lyttle <...> by the name of the Hope Playehouse, and theareby possesst themselues of a great parte of the said landes belonginge to the kinges maiestie, and Claime the same vnder Colours and by vertue of the said lease made by the said <...> winchester ‸⸢and as landes proper and belonginge to the nowe Lord Bisshopp of Wynchester in right of his Bisshoprick⸣ they well knoweinge that the said landes belonginge to the bisshopp of winchester and graunted in lease by the said Stephen Gardener late bishoppe of winchester doe extend themselues and are bounded <...> Southward vnto within eighte ffoote of the North side of the ‸⸢said⸣ newe buildinge Called the Hope Playehouse, and Eastward to a Common Sewere theare, and ‸⸢ westward⸣to <.> house theare Called the Blew Boare late in the tenancie of one William <...> Playhouse it selfe and ‸⸢all⸣the groundes and landes lyinge Southward from thence to a Certaine lane theare Called Mayden lane and all the groundes and landes lieing Eastward from the said Common Sewere to a Certane Allie theare Called <...> the said house Called the Blewe Bore to a tenement theare now in the tenure of hodgkin <...> being the kinges maiesties said landes and premisses late had in exchange from the said Henry Polsteede as aforesaide, but the said Iacobb <...> said Phillipp Hensloe att the time when he layed the ffoundacion for the said newe building Called the Hope Playehouse, had once directed the ffoundacion thearof to bee soe layed as that the same buildinge would haue stood vppon <...> ye Bishopps landes. But ye said Phillipp ‸⸢Henslowe⸣ being advertised of the inconvenience yat might arise thearby did thearvpon alter his purpose, and openlie declare and make knowe yat he would erecte ye said newe buildinge soe neare as hee <...> theareuvppon did sett the said newe buildinge and make the ffoundacion thearof soe ffarre as hee Could Southward from the place wheare hee ffirst Intended to lay the foundacion thearof; ‸⸢and did sett the same wholie vppon the kinges maiesties said landes and they the said w<...>⸣ <...> william Henslowe and Iacob <...> with the more ffacillitie obscure the trewe boundes and limittes of the kinges maiesties said landes they doe publishe and divuldge nowe names wheareby they would haue the said landes and premisses beinge his maiesties inheritance to bee <...> haue them reputed to bee the landes belonginge to the Bishoppe of Winchester, and the said William Henslowe and the said Iacob Meade as <..> vndertenant ‸⸢ to the said Bisshopp of Winchester⸣ doe receive and take the rentes and profittes of the said landes belonginge <...> incroached vppon and obscured as aforesaid vnder Colours of the saide false boundes as belonginge to them as <...> or vndertenantes to the Bishoppe of Winchester and as for landes demised by the said lease Made by the same Stephen <...> winchester to the said Willyam Payne whearby the kings maiestie is greatlie preiudiced in his Inheritance, and his lessees thearby allsoe disabled to paie to the kings maiestie the rent dewe and payable to his maiestie for the said <...> the said Henrie Polsteede as aforesaid, and demised by the late Queen Elizabeth to Robert Livesey and Gerrard Goore as is allsoe aforesaid, and the said Iacobbe Meade whoe oughte to paye a greater parte of the rent <...> of the kinges maiesties said landes to the kinges maiesties lessees for that he holdeth the said newe erected buldinge Called the Hope and daiverse other parcelles of the said Landes belonginge to the kinges maiestie vnder the graunte and <...> of their assignes thearof, and theire assignes yett doth hee detaine the same from the kinges maiesties said Lessees and their assignes and doth wrongfullie and iniustlie paie or satisffie the <...> to the said William Henslowe <...> to paye and satisffie the same to the kinges maiesties lessees or their assignes and the said Iacob Meade is the <...> soe to doe: ffor that the said William Hensloe by promise and Confidereacie had betwene <...> entered into bond ‸⸢& is bounde⸣ in some writinge obligatorie to the said Iacob Meade in a greate sum of money vppon ‸⸢Condicion⸣ that the said william henslowe should secure and save him the said Iacobbe Meade <...> for the paye<...> William Henslowe for or in respecte of anie parte of the said landes with the said Iacobe Meade is possessed of <...> to the said William Henslowe or to the assignes of the lessees of the land belonginge <...> or to such or the like effecte or purpose: In tender Consideracion whearof and for that the kinges maiestie is likelie to bee greatlie preiuduced in his Inheritaunce and in the vertuewe of his Crowne by the said Co<...> of the said ‸⸢nowe Lord Bisshopp of Wynchester⸣ william hensloe and Iacobbe Meade ‸⸢and to the end<...> said <...> William Henslowe and Iacobbe Meade⸣ maye discouer vppon theire oathes the trewe abuttmentes and boundaries of the said landes and premises belonginge to the kinges maiestie and graunted in lease by the late Queene <...> and Gerrard Goore as aforesaid, and what the abuttmentes and boundaries thearof haue Commonlie and auntientlie ‸⸢beene⸣ reputed and knowne to bee; and what they and <...> of them haue knowne and taken the same to bee <...> and vnderstandinges, and what and howe much of the said rentes dewe & payeable by the said Iacobbe Meade either to the said william henslowe or to the assignes of the lessees of the kinges maiestie <...> said william hensloe and howe much of the said rentes the said Iacobbe Meade hath or deteineth in his handes or Custodye, And how much of the said rentes they or either of them doe know ‸⸢ it⸣ is proper or belonginge <...> maiesties said lessees or theire assignes for landes which the said Iacobbe Meade holdeth of them or anie of them and how many ‸⸢and what⸣ parte of the said landes the said Iacob Meade doth holde vnder the kinges maiestie <...> and if the saide william henslowe hath att anie tyme heretofore entered into a true <....> bond or wrytynge obligatorie to the said Iacobbe Meade as is fformerlie mencIoned <...> the like effect <...>: bond or wrytinge obligatorie is, and to the end theare might bee a trewe abuttment or boundarie of the kinges maiesties said landes soe had in exchange from the said Henry Polsteede as aforeasid, sett fforth either <...> grounded vppon the <...> evidences and vppon testimonie of wittnesses or otherwise by Comission to bee awarded to Comissioners to bee Indifferentlie named by your Lordshippes whoe maye haue power and <...> landes and premisses and auntient evidences that Concerne <...> and vppon examinacion of wittnesses to sett forth the trewe abuttmentes and boundaries of the said landes and premisses belonginge to the kinges <...> graunted to his maiesties said Attornie generall ‸⸢<...>⸣ vnto the Lord Bisshop of winchester <...> right Reverend father in God Launcelot Andrews nowe Lord Bishop of Wynchester whose Inheritance the Iustices <...> the kinges maiesties writt of subpoena to bee directed to them the said william henslowe and Iacobbe Meade Comaundinge them and either of them <...> your honourable good Lordshippes in the kinges maiesties Exchequer Chamber att a Certaine daye and vnder a Certaine paine thearin to bee limited then and theare to aunsweare the premisses truelie <...> order and Iudgement thearin as to your honourable Lordshippes shall seeme meete./

Item 165, mb 2 (8 June) (Answer of William Henslowe and Jacob Meade)

The ioynte and severall answeres of William Hensloe & Iacob Meade, defendantes
to thinformacion of Sir Henry Yelverton knight his Maiesties Atturney generall:/

The said defendantes saveing to themselves all advantages of excepcion to the incertainty and insufficiency of the said Informacion for answere therevntofor themselves severally saie, that they doe not knowe neither can depose that Henry Polstead in the said informacion named was seized of the Messuages and Landes in the said informacion specified, as is herby supposed or that the said Henry Polstead did exchaunge the said premisses with his Maiesties Progenitour Kinge Edward the sixt as in the said informacion is alsoe suggested for the said defendant William Hensloe saith, that hee hath made diligentt search in the Rolles to finde the said supposed deede of exchaunge but cannot finde any such amonge the Recordes there, neither doe these defendantes knowe, that the said Kinge Edward ‸⸢the sixt⸣ did demise the premises to the said Henry Polstead as is alsoe in the said informacion ‸⸢alledged⸣ or that the premisses did come by diferent or otherwise to the Late Queene Elizabeth as is also informed, but therein these defendantes humbly referre themselves to the Recordes and proofes in that behalf wherein these defendantes doo not in any sorte oppose his Maiesties title to the premisses if the same may be made appeare, But these defendantes saie, that they thinke it to be true that the said Late Queene Elizabeth by her letteres Pattenttes vnder the greate seale of England, bereing date as ‸⸢in⸣ the informacion is sett forth did demise the premisses to Robert Livesey Esquier and Gerrard Gore ‸⸢in⸣ such <...> manner and with such reservacione & excepcion and for such terme and tyme, & vnder the rentt in the said informacion truely sett forth and that thentrest of the said lease did come by mesne Assignement to Phillipp Hensloe in the said informacion named, and that hee was <..> possessed there ‸⸢of⸣ accordingly & that hee tooke the profittes therof about twenty yeares before his death, without any interruppcion, And whereas yt is informed, that the said Phillipp Hensloe being possessed of these premisses, made his last will and Testament in wryteing & thereof made Agnes his wife his executrix and that hee did not thereby give or dispose, thentrest which hee had in in the said demise, vnder the graunt made by the late Queene Elizabeth to Livesey and Gore as aforesaid, but did thereby giue and bequeath to this defendant William Hensloe, all thentrest of the said Phillipp to the Landes and Lease, which hee had and held vnder the Bishopp of <....> Winchester, the said defendant William Hensloe therevnto saith, that hee doth not knowe, that the said Phillipp made any such will, but if hee did, the same was vnduely and frauduelently procured, by practise and Confederacy of one Edwarde Allen, thereby to frustrate and make voide A former will, which this defendant hopeth to proove was made by the said Phillipp (whereby the said Phillipp Hensloe did giue and bequeath <........> to this defendant being his brother and heire and neerest of bloode, the greatest part of his the said Phillipps personall estate, to A very great value,) & to place the same vppon the said Agnes his wife. Whoe was very Aged, by meanes whereof the said Edward Allen doubted not, but that in verye shorte tyme to obtaine to himself all the estate of the said Phillipp haueing married Ioan the daughter of the said Agnes which intruth hee did effect accordingly for thexaminacion of which practise to conceale to conceale A former Will and to sett a foote A latter will as aforesaid; this defendant hath exhibitted his Bill of Complainte in his Maiesties High Courte of Chauncerye against the said Allen, which is there depending vndetermined, and this defendant William Hensloe further saith, that if the said <...>Phillipp Hensloe did make any Will as is pretended the same was directed by notes in wryteinge which were not pursued in the draft of ye said will according to the said notes, for this defendant hath credibly heard ‸⸢and doubteth not to proue⸣ that the note whereby the draught of the said supposed will was directed was in theis wordes. After the death of Agnes his wyfe he gaue vnto William Hensloe his brother the yeares of the lease of the Beare garden and the Tenementes therevnto adioyning holden of the Bishopp of Winchester and therevpon a will was made and drawen vp by the Scryvener directly in other wordes, as theis defendantes hope to prove in such manner as in the said Informacion is sett forth. Neuerthelesse if the will had beene in the same wordes sett forth in the said Informacion yet theis defendantes are aduised that by the same is devised to this defendant William Hensloe all the house, landes and lease whatsoeuer knowen by the name of the Bearegarden whether the same be thenheritance of his Maiestie or of the Bishopp of Winchester And as concerning the probate of the said supposed will by the said Agnes in due forme of lawe theis defendantes therein cannot depose; but referre themselues to the proofe thereof, neyther doe they hold the same materiall being a will concerning landes show the same was proued. And theis defendantes doe confesse that they haue heard that the said Agnes made her Will in wryteinge and made Ioane her daughter executrix as is informed and dyed, but how duely the same will was made theis defendantes cannot depose, And theis defendantes doe deny that they confederate and combyne together to defraud the kinges Maiesties of anie the premisses or of the rentes and profittes due and payeable to his Maiestie in right of his Crowne for the premisses or to obscure the premisses where they lye and the Bondes, lymittes or names thereof, or doe publish and divulge new names soe that the same maie not be decerned or knowne from the landes of the Bishopp of Winchester or doe entytle the said Bishop to anie the Landes belonging to his maiestie neyther doe these defendantes knowe how to distinguish the same of there owne knoweledge, neither doe these defendantes or anie of them sett & make false boundes, neither doe theis defendantes knowe the same to be soe bounded as is sett forth in the said Informacion but theis defendantes thinke yt will falle out vpon proofe that all the Messuages & landes called the beere garden, except only one Bull house is thenheritance of the said Bishop & not his Maiesties Inheritance, But theis defendantes are very indefferent whether the Messuages & landes in the occupacion of theis defendantes or anie of them be holden of his Maiestie or of the said Bishop. as of his Bishippricke and are very desirous that the landes belonging to his Maiestie may be distinguished & knowne from the landes of the Bishop thervnto adioyning either by Comission or otherwise as this honourable Court shall thinke fitt as it is desired by the said Informacion wherin theis defendantes will give their best assistance to discover the truth & to distinguish the said landes according to the right, ffor neither theis defendantes nor anie of them nor their or either of their assignes doe hould or enioye anie other Messuages or landes late Phillipp Hensloes but such Messuages & landes ‸⸢as⸣ are parcell & belonging, & knowne by the name of ‸^the Beere garden as theis defendantes hope to prove, and theis defendantes are aduised that by vertue of the said supposed will the said william henslowe is to have all the beere garden whether the same be thenheritance of his Maiestie or of the said Bishop, neiverthelesse the said Allen or his assignes doe deteine from the said defendant hensloe a great parte of the said Beare Garden as theis defendantes hope to prove and theis defendantes doe confesse that they thinke it to be true that Stephen Gardiner late Bishop of Winchester about the tyme in the Informacion specified did make a lease to William Paine in the ‸⸢said⸣ Informacion named for such terme & tyme as is therby declared And that the same by meane assignmentes came to the said Phillip Hensloe & that he was possessed accordingly as is informed. And the said defendant Iacob Mead doth deny that he doth knowe yat the said Phillip Hensloe when he laid the foundacion for the newe building called the hope playhouse had once directed the foundacion therof to be soe laid as that the same building would have stood part vpon the Kinges Maiesties landes & part vpon the Bishopps landes & ‸⸢that⸣ he did afterwardes openly declare yat & make knowne yat he would erect the said newe building onely vpon the Kinges Maiesties land, neither doe theis defendantes certenly knowe whether the same be erected vpon his Maiesties land or vpon the Bishops land or vpon both. And wheras it is alsoe enformed yat the said defendant Iacob Meade doth occupie parte of his Maiesties landes & ought to pay agreate parte of the rent due to his Maiestie this defendant saith that he doth not to his knowledge occupie anie of his Maiesties land vnder the said william Hensloe but the said newe erected building called the hope & other the landes in this defendantes occupacion were ever hitherto reputed to be parcell of the beargarden & to be parcell of the Bishopes land & not his Maiesties land, but howsoever whether the same be his Maiesties land or the Bishops land this defendant as he is advised ought to paie his rent to the said other defendant his lessor according to the reservacion conteyned in the lease made of the premisses to the defendant Meade & not to his Maiestie & the said William Hensloe as his Maiesties tenant as this defendant is advised & ought to paye the rent to his Maiestie if ther be anie due by him to paie, And theis defendants doe denie all practise & confederacie betwene them theis defendants or that the defendant Hensloe hath entred into anie such wryting obligatorie to thother defendant as is enformed, but yt is true that the said william hensloe when hee did lease the landes nowe in the occupacion of the said Meade to the said Meade did become bounde to the said Meade by his wryteing obligatorye with Condicion therevppon endorsed, that the saide Meade, payeing the Renttes reserved vppon his said lease should quietly enioy the premisses soe demised according to the purporte of the said lease or to that effect, as by the same (remaineing in the Custodie of the said Meade, relacion being herevnto had) will appeare And these defendantes farther saye, that they cannot discover neither doe knowe of their owne knowledge, the true Abbuttments and boundaries of the landes & premysses belonging to his Maiestie & graunted by the said late Queenes Maiestye to the said Robert Livesey and Gerrard Goore or what the Abbuttmentes and boundaries thereof haue bene Commonly and aunciently reputed and knowne to be, & therfore cannot depose any otherwise herein but, referre themselves therein to the Bishoppes lease which is in the possession of the said Allen, and to thauncientt records concerninge the same, And the said Iacob Meade for himself farther saith, that ‸⸢he⸣ hath from tyme to tyme sithence the lease to him made by the said William Hensloe, paid his rent to the said Hensloe according to his said lease which hee thinketh to be due vnto him, & hee doth not knowe that hee ought to paie any rentt to any of thassignes of the lessees of the kinges Maiesty and this defendant doth not to his knowledge deteyne in his Custodye any rentt due to his Maiesty or ‸⸢to⸣ the said Hensloe neither doo these defendantes knowe that any parte of the Renttes payeable by the said defendant is proper to ye kinges Maiestie or to his Maiesties Lessees or their assignes or any of them or to any other, then to the said William Hensloe without that, that the said Agnes by reason of the probate of the supposed will of the said Phillipp Hensloe was enteressed & Invested in the demise & graunt of the premisses, made as aforesaid by the said late Queene Elizabeth, And of the terme of yeares therein ‸⸢to ⸣ come and vnexpired, as in the said informacion is pretended, And without that, that any other matter or thinge in the said informacion conteynwd Materiall or effectuall in the Lawe to answered vnto & not sufficiently Answered, Confessed and avoided traversed or denyed is true: All which these defendantes are readye to Averr and prove As your Lordshipp & this honorable Courte shall Awarde, and humbly praie to be dismissed this Court which their Costes vniustly susteyned:/ Iurati octavo die Iunij Anno Regni Regi Iacobi Anglie etc.

sextodecimo Coram me (signed) Iohn Dinham

Item 165, mb 3 (Rejoinder of William Henslowe and Jacob Meade)

The Reioinder of William Hensloe and Jacob Meade defendantes
to the informacion ⸢exhibitted etc⸣ by Sir Henry Yelverton his Maiesties Atturney generall:

The said defendantes saveing to themselves all advantage of excepcion to the incertainety and insufficiencye of the Replicacion of his Maiesties said Atturney for Reioinder saie in all and every matter and thinge, as they in their ioint and severall Answers haue saide, and doe and will Averre iustifie maintaine, and prove, all and every the matters therein Conteyned, to be rigt and true, in suche sorte manner and forme, as in and by the same is truely declared, And doe and will Averre, and hope to prove, that the said Phillipp Hensloe by his said Last Will in Wryteing, did give and dispose th'enterest and estate, which hee had in the Messauges & landes in ye said informacion specefied, under the graunte made by ye late Queene Elizabeth to Liuesey and Gore, as in the said answere is truely sett forth. And doe alsoe Averre and hope to prove, that the said will of the said Phillipp Hensloe in th'informacion & Replecacion specified, was directed, by notes in Wryteing which were not pursued in the draft of the ⸢same⸣ saide Will, as in the said answear is truely sett forth, but doe apparanttly differ, and was wrested to another sence and meaneing, then the testator by the saide Note, did expresse, and declare the same, in such manner, as is thereby truely declared, without that that these defendantes doe Combyne or Confederate togeather to defraude the Kinges Maiestie of the premisses or any parte thereof ‸⸢or of any the renttes & profittes thereof⸣ in any sorte due and payable to his Maiestie in Right of his Crowne of Englande for the same, or to obscure all or any the premisses where they lye, or the boundes limittes, or names thereof, or do<.> publish and divulge newe names, for that the premisses maie not be discerned, and knowne from the lande of the Lord Bishopp of Winchester, or that these defendantes doe entitle the said Byshoppe to his Maiesties landes, as in the saide Replicacion is vntruely suggested, And without that, that these defendantes or any of them, haue sett and made false the bounders of the premisses in such sorte as in the informacion and Replicacion, is also pretended, And these defendantes saie and thinke it will fall out vppon proofe, that all the Messuages and landes Called the Bearegardine, are the Auncient inheritance of the sea, and Bisshoppricke of Winchester, and not his Maiesties inheritance: And the said defendant Meade for further reioynder saith, and doth Confesse yat while th'intrest of the said Messuages and landes Called the Bearegardin were in the said Mistresse Henslowe in the said Replicacion named, hee the saide defendant Meade, being Tenaunt of all the said Bearegardin, did paie his rentt to the saide Mistresse Henslowe, as by his lease hee ought to doe, and when th'intrest of the said lease came to th'other defendant, Hensloe, then this defendant did and doth ever sithence, (as hee Conceaveth hee ought to doe,) paye his rentt to the said other defendant but doth not conceave howe his payment of his rentt, is any Argument to prove his Maiesties title to the said landes: And this defendant alsoe averre⸢th⸣, and thinketh to prove, that the landes in his occupacion was ever reputed to be parcell of the said Bearegardin, and parte of the saide Bishoppes inheritance, & not his Maiesties inheritance & without that, that anie other Matter or thinge in the said replicacion conteyned materiall to be reioined vnto and not reioined vnto confessed & avoided trauersed, or denyed is true, all which these defendantes are readye to averre & prove, as this Courte shall Awarde, & pray as formerly they haue praied:/ (signed) Iohn Dauies

Item 165, mb 4 (3 February 1619/20) (Answer of Lancelot, Bishop of Winchester)

The severall answeres of the Right reuerend father in God Lancelot Bishop of Winchester one of the Defendantes to the information of Sir Henry Yelverton knight his Maiesties Atturney general./

All advantages of exception to the incertainty and the insufficiency of the said information now and at all times hereafter to this defendant saved, for answere to the said Information (for so much as remeneth the enheritance of this defendantes Bishoprique of winchester for which only this defendant is made a party to the said information) he saith that as it appeareth vnto him by the recordes of the Bishoprique and Church of winchester Stephen some times Bishope of winchester one of the predecessors of this defendant in the one and thirtyth yeare of King Henry the eight was lawfully seised in fee as in righte of his Bishoprique of winchester of and in Certaine Capitall meases and tenementes called the Bardge the Bell and the Cocke with thappurtenances set lying and being vpon the bank then called the stewes in the parish of St Marie in Southwark which parish of St Maries together with the parishe of St Margaretes was afterwa<..> (as this defendant is informed) changed by acte of parlement in the two and thirtyth yeere of the said King Henry the eight into the name of the parish of St Sauiors and thence is now comprehended in the same name of the parisshe of St Sauiors, and the said Stephen predecessor to this defendant being so seised did by his deed endented bearing date in the said one and thirtith yeere of King Henry the eight demise all and every the said Capitall meases and tennementes Called the Bardge the Bell and the Cocke with thappurtenances to one William Paine then of Southwarke yeoman (which as this defendant verely thinketh is the same William Paine Mencioned as lessee to the said Stephen in the said information) to haue and to hould all and every the premises to the said William Paine and his assignes for Ninty nine yeeres from the date of the said deed endented under a certaine yeerly rente in the said deed expressed wherevnto reference being had it will more appeare; and in the same lease so then made by the said Stephen predecessor to this defendant the said Capitall Meases and tennementes so demised are thus bounded and abutted that is to say they are expressed to be abutting and lying against the kinges high way next to the water of Thames on the Northe side and againste a tenemente Called the rose on the este side and againste a tennement somtimes the prioresse of Stratfordes on the west side and againste a Lane called Maiden Lane one the south side with boundaries (as this defendant is informed by the said lease and other the evidences of the said Bishoprique and Church of Winchester and by other ⸢prooffes⸣ prfes) are or weare and now ought to be the true and ancient limites and boundes of the meases and tennementes there scituate and being of the ancient seisin and inheritance of the Bishoprique of winchester and as for any other new names of the boundes set forth in the information this defendant knoweth not of any such and the defendant further saith ‸⸢that⸣ the ‸⸢said‸⸣ meses and Tennementes ‸⸢so⸣ demised by the said late Bishoppe ‸⸢haue⸣ hath bine euersince inioyed by the tennauntes of the said Bishopprique or their assignes and the rentes reserved vpon the said demise from tyme to tyme answered and paid by the Tennantes thereof to this defendant and his successors predecessors accordingly as by the accountes of the said Bishopprique appeareth. And this defendant further saith that he knoweth not of any such leases made either by the said late King Edward the sixt to the said Polstede in the informacion named or by the said late Quene Elizabeth to the said Liuesey and Gore nor of any of the mean assignmentes of the said pretended leases as in the said information is set forth, but what leases soever were made to them or any of ⸢o⸣ them by eyther the said King or Quene or what assignementes or mean conveyances were made afterwardes to the said Philip Hensloe named in the Informacion of any leases from the Crowne of any landes or tennementes were adioining to the ‸⸢meases and ⸣ landes in question, this defendant verely thinketh ‸⸢that⸣ the intereste of the said lease so Made as aforesaid in ‸⸢the⸣ one and thirtieth yeer of ‸⸢ King Henry⸣ the eight by the said Stephen late Bishoppe of Winchester to the aforesaid<.> William Paine did by meane Conveyances Come vnto the handes of the said Phillipe °Hensloe° as in the said information is set forth which Phillipe °Hensloe° (as this defendant thinketh) or his assignes or some other that haue Claymed from him being to gether possessed both of some other landes and tennementes there adioyning and also of the said landes & tennementes of the ancient seisin and right of the said Bishoprique did as this defendant verely thinketh heretofore alter chaing and Confound those Certaine and anciently knowne limites and boundes before mencioned of the said landes and tennementes belonging to the said bishoprique without that ‸⸢that⸣ the boundes and limites of the measesand landes lying there on the said banke and being of the ancient seisin and inheritance of the said bishoprique, are according as in the said information they are expressed ‸⸢and without that that⸣ all the groundes and landes lying southward from thence to a Certaine lane there called Maiden lane and further bounded as in the said information they are bounded, are the landes of the Kinges Maiestie as in the said information is set forth and as Concerning all other the Matters set forth in the Information this defendant is ‸⸢a⸣ meere strainger there vnto and therefore can ⸢canne⸣ say nothing their in Neither is it materiall to this defendant as he Conceueth if it weere trve true as is alledged and without that that any other Matter clause or suggestion in the said information Comprehended and here not sufficiently answered confessed and avoided or trauersed is true all which this defendant doubteth not to proue to this honorable Courte and so prayeth to be dismissed the same with his resonable Costes and Chardges./

°prestitit sacramentum tertio die februarij 1619 coram°

(signed) Lawrence Tanfild

(signed) John More (signed) J. Selden

Item 165, mb 6 (Replication of Sir Henry Yelverton, Attorney General)

The Replicacion of Sir Henry Yeluerton knight his Maiesties Atturney generall to ye ioynct and seuerall Answeres of William Hensloe and Jacob Meade defendantes

His Maiesties said Atturney doth averr mainteine and iustifye his said Informacion and all and euerye the matters and thinges therein Conteined to be true and iust in such sorte manner and forme as in the saide Informacion the same be sett furth and declared And all advantage and benefitt of excepcion to ye incertainty and insufficiency of the defendantes said Answere to his Maiesties said Atturney now and att all times hereafter saved and referred for raplicacion therevnto he saith and doth averr that the said Phillip Hensloe in the Informacion mencioned being possessed of the premisses in ye Informacion made his will and testament in writing and thereof made Agnes his wife his executrix and that he did not thereby give or despose the Interst which he had in the said demise vnder the grant made by the late Queene Elizabeth to Livesey and Goore but did thereby give and bequeath to the defendant William Hensloe all the interst of the said Phillip to ye lands and lease which he holds vnder the Bushop of winchester in such sorte as in the said Informacion is truely sett furth and declared And his Maiesties said Atturney doth averr that the said will of ye said Phillip was not made unduely and fraudulently by practise and Confederacy in such sorte or to any such intent and purpose as in the said Phillipp Hensloe his Answeree is pretended Without that that the defendant William Henslowe was brother and heire and nearest of blood vnto the said Phillipp Henslowe as in the said William Henslowe his Answere is pretended And whereas the defendant William Henslowe pretends that he exhibited a Bill vnto his Maiesties High Court of Chancery against the said Mr Allen his Maiesties said Atturney saith that true it is that the said William Henslowe preferred two generall Bills of Complaint against the said Allen into the said Court of Chancery vnder some pretence of title to the premisses now in question in which said suites the said Mr Allen obteined two generall dismissions as by the proceedinges therein wherevnto reference be had may more fully and att lardge appeare. Without that that the said Will made by the said Phillipp Henslowe was directed by notes in writing which were not pursued in the draught of the said Will in such sorte as in the Answere of the said William Henslowe is pretended ffor his Maiesties said Atturney saith that the said will was directly and orderlye made according to the true meaning of the said Testatour Without that that the note whereby the draught of the said Phillipp Henslowes will was directed was in these words after the death of Agnes his wife he gave vnto William Henslowe his brother the yeares of the lease of the Beare garden and the tenementes therevnto adioyning holden of the Bushopp of Wincester as in the said William Henslowe his Answere is pretended ffor his Maiesties Atturney saith that the note soe made was and is agreeing with the last ‸⸢will⸣ and testament of the said Phillipp Henslowe as the same is proved and readye to be showen vnder seale and the true mencion and meaning of the said testatour was pursued in the said will and not wrested to anye other sence but as the testatour did expresse and declare the same And his Maiesties said Atturney further saith that in respect the said Phillipp Hensloe his last will and testament was much opposed by the said William Henslowe the defendant the same was proved in due forme of Lawe by verye sufficient Witnesses And his Maiesties said Atturney doth auerr that the defendantes doe Confederate and Combine together to defraude ye kinges Maiestie of the premisses belonging to his Highnes as is sett furth in the said Informacion and of the rentes and profittes due and paiable vnto his Maiestie in right of his Crowne for the same and to obscure the premisses where they lye and the boundes limittes and names thereof and doe publish and diuulge new names soe that the same maye not be discerned and knowne from the lands of the Bushopp of Winchester and doe entitle the said Bushopp to his Maiesties Lands in such sorte as in the replicacion is truelye declared and aledged And also the defendantes haue sett and made fals the bounders of the premisses in such sorte as in the said Informacion is truely declared. Without that that all the said Messuages and landes Called the Beare Garden in the Inheritance of the bushopp of Winchester and not his Maiesties Inheritances as in the said Answere is supposed ffor his Maiesties said Atturney further saith that the greatest parte of the same Messuages and lands are his Maiesties in Inheritance in such sorte as in the said Informacion is truely declared and sett downe And his Maiesties said Atturney further saith that the defendant Meade was tenant to Mr Allan and Mrs Henslowe his mother in law and paid them rent for that which was holden of his Maiestie as aforesaid and after by practise turned from them Without that that the said William Henslowe hath or ought to haue all the beare garden whether the same be the Inheritance of his Maiestie or of the said Bushopp as in the said Answere is pretended And his Maiesties said Atturney doth auerr that the said Phillipp Henslowe when he laid the new building Called the Hope Play house had once directed the foundacion thereof to be soe laide as that the same building wold haue stoode parte vpon the Kinges Maiesties land and parte vpon the Bushopps lands and that the same Phillippe Henslowe altered his purpose and openly declared that he wold erect the said new building soe neare as he Could onelye vpon the kinges lands and therevpon sett the said new building whollye vpon the kinges lands in such sorte as in the said Informacion is truely declared And his Maiesties said Atturney further saith and doth auer that the defendant Iacob Meade doth occupie his Maiesties Land vnder the said William Henslowe in such sorte as in the said Informacion is settfurth and denieth that the now erected buldinges Called the Hope and other the lands in the occupacion of the defendant Meade were euer reputed to be parcell of the beare garden and to be parcell of the Bushopps Land and not his Maiesties Land in such sorte as in the said ‸⸢Iacob Mede his Answere is alledged And his Maiesties said Atturney doth auer ye practyses and Confederacies betwene <..> pretendeth in such sorte as in ye said⸣ Informacion is sett furth with this that the said defendant Henslow hath entred into bond vnto the other defendant in such sorte as in the said Informacion is declared And his Maiesties said Atturney further doth auerr that the said Agnes by reason of the probate of the said Phillipp Henslowes will and by the said executourshipp was interessed in the demise and grant of the premisses made by the late Queene Elizabeth and in the terme of yeares therein to Come and vnexpired in such sorte in as in the said Informacion is declared. And without that. that anye other matter article or thing in the defendantes said Answere Conteined materiall or effectuall in the law to be replied vnto and herein not sufficiently replied vnto Confessed and avoided trauersed or denied is true All which matters his Maiesties said Atturney doth auerr and wilbe ready to prove as this Honourable Court shall award And praieth as in his said Informacion he hath praied. &c/

(signed) I. Iacksonn 1618