Court of Chancery: Plea and Demurrer of Edward Alleyn in Meade v. Alleyn

single membrane (29 June)

The Plea and demurrer of Edward Allen Esquire one of the defendantes
to the bill of of Complainte of Iacobb Meade Complaynant/

This defendant by protestation not confessinge or acknowledginge anie the matters or thinges in this bill conteyned to be trewe ffor Plea and Demurrer thearvnto sayeth that longe before the exhibitinge of this bill his Maiestiesa Attournie generall on the behallffe of his Maiestie by the relacion of this defendant his Maiesties Tenaunt did exhibitt an Infformacion into his Maiesties Court of Exchequer Chamber att Westminster against the Right honourable and Reverend ffather in god the nowe Lord Bishopp of Winchester and the nowe Complainant and William Henslowe in this bill named deceased settinge fforth theare by his Maiesties Right and interest in right of his Crowne to all or the greatest part of the landes in this bill mencioned, and the nowe Complainant and the said William Henslowe vnder collour of a lease longe since made by Stephen Gardiner Bishopp of Winchester, and wheareby the nowe Complainant and the said Henslowe weare interessed in Certaine landes then and yett belonginge to the Bishopp ‸⸢of⸣ Winchester for the tyme beinge in right of his Bishoppricke of Winchester and adioyninge and abuttinge vppon his Maiesties landes did indeavour to deprive his Maiestie of a greate part of the said landes wheareof his Maiestie is seized in right of his Crowne as aforesaid, and the better to effect the same did obscure the boundaries and buttalls wheareby his Maiesties said landes might be discerned and knowne from the landes belonginge to the said Bishoppricke of Winchester and heareby deprive his Maiestie of a greate part of his Revenewe and this defendant of the proffitt that hee should make of his Maiesties said landes this defendant beinge possessed thearof by vertewe of a lease longe since made by the late Queene Elizabeth of ffamous memory to one Livesey and one Goore which is yet in beinge vndetermined and not expired, the interest thearof by meane Conveyaunces beinge then and nowe in this defendant, as by the said Infformacion whearvnto refference beinge had more at lardge it doth and maye appeare, to which Infformacion the nowe Complainant beinge a defendant, and the other defendantes named thearin made and putt in theare seuerall aunsweares thearvnto and his Maiesties said Attournie generall did replie vnto those aunsweares, and the matter of the said Infformacion and aunsweares theareby defended and did come to a perffect issue touchinge the right and boundaries of the landes in question by this bill, and theare vppon diverse ‸⸢wittnesses⸣ weare examined on his Maiesties behallffe in that suite in the said Court of Exchequor and by vertue of a Comission awarded out of the same Court wheare the nowe Complainant and the other defendantes to the said Infformacion did examine diverse wittnesses and afterwardes publicacion of the deposicions of those wittnesses was dewlie entred in the said Court of Exchequor wheare the same suite doth nowe depend and is ready for hearinge and is not yet determined; And nowe the Complainant by this bill seeketh to be releived against this defendant for the Right and boundaries of those landes for which the said Infformacion is exhibited vnto his Maiesties said Court of Exchequor Chamber att Westminster wheare the same doth as is aforesaid yett depend vndetermined, and wheare the right and boundaries of those landes ought propperlie to be determined; The Complainant by his owne shewinge acknowledginge by this bill that the defendant doth Clayme interest to those landes vnder his Maiesties right or as tenaunt to his Maiestie and if the Complainant be preiudiced by the other defendantes or William Henslowe in the bill named touchinge the inioying of the landes in question, It appeareth by his owne shewinge allsoe in this bill that hee hath taken good securitie from the said William Henslowe for anie righte that this defendant or his assignes can make or Clayme thearevnto, And this defendant hopeth it will not stand with the pleasure of this honourable Court that this defendant and ‸⸢that⸣ the nowe Complainant shall proceede to examine wittnesses de novo for the selfe same matters for which diverse wittnesses have beene examined in the Court of Exchequor aforesaid on both sides and the deposicions of those wittnesses published, And thearefore humblie desireth that his Maiestes Attournie generall who is the person that propperlie ought to maintaine the kinges Maiesties right to the landes in question maye be called to maintaine the kinges right to the said landes or to shewe Cause if this bill ought the premisses considered to proceede in this honourable Court before the Cause dependinge in the said Court of exchequer bee ffinallie theare heard and determined. ffor all which Causes and for diverse other apparant defectes and imperfeccions in the said Complainantes bill appearinge this defendant doth with the ffavour and leave of this honourable Court Plead in barre and demurre and abide in lawe to the Complainantes said bill, And humblie demaundeth the Iudgement of this honourable Court if hee shall be Compelled to make anie ffurther or other aunsweare thearvnto. All which matters this defendant is ready to averre and mainetaine as this honourable Court shall award, And humblie prayeth to be ffrom hence dismissed with his reasonable Costes and Chardges in this behallfe most wrongefullie susteyned/

(signed) Austen