Return to Files List    



The document consists of two parchment sheets, the first containing the Bill, the second the Answer. The complainant is Thomas Kirle of Gray’s Inn. The defendants are William Heminges, Judith Merrifield, and John Atkins. At issue is the inheritance of the late John Heminges, and the claims of his creditors that they remain unpaid despite his will being proved. The document is mostly legible. The Answer has suffered some damage, with loss of text, along its right edge, and a stubborn crease at the lower left has obscured occasional words. Text has been modernised, but surnames retain their original spelling.
    • The Bill of Complaint of Thomas Kirle
    • The Answer of William Heminges and others

I.  The Bill of Complaint of Thomas Kirle

Rui?lyn
To the Right Honourable Thomas Lord Coventry Lord Keeper of the Great Seal of England

[1] Humbly Complaining sheweth to your good lordship your daily orator Thomas Kirle of Gray’s Inn in the County of Middlesex Esquire: That whereas Ralph
[2] Merefield late of London gent deceased and John Heminges citizen & grocer of London deceased did in & by one obligation bearing date on or about the latter end of
[3] August in the year of our lord one thousand six hundred and thirty stand and become bound to your orator in the penal sum of one hundred pounds with condition
[4] endorsed for the true payment of fifty & two pounds at the end of six months then next following, as by the said obligation (relation thereunto being had) more fully and
[5] at large it doth & may appear. And afterwards the said John Heminges made his last will & testament in writing and made thereof his son William Heminges clark his
[6] sole executor & died: After whose decease the said William Heminges proved the said will and became possessed of the goods & chattels of the testator to the value of one
[7] thousand pounds at the least besides a lease or leases of certain shares and parts of the two playhouses called the Globe and the Blackfriars whereof the said
[8] John Heminges died possessed and whereof there are about seven years yet in being. The gain and profit coming and arising out of the said playhouses to the said William
[9] Heminges or his assigns amounteth to the value of two hundred pounds per annum at the least which yearly sum ought also to be employed and paid by the said William towards the
[10] payment of the testator’s debts. And about half a year since the said Ralph Merefeild also died a prisoner in the Fleet of little or no estate at all and many hundred
[11] pounds in debt. But now so it is may it please your good lordship that the said William Heminges having confederated and combined himself \to and/ with one John Attkins of
[12] London scrivener, [?and] they the said William Heminges & John Attkins by secret & unlawful combination & confederacy between themselves and by the special direction & advice
[13] of the said John Attkins have plotted & contrived how & by what means the creditors of the \said/ testator might be defeated & defrauded of their just debts. And in pursuit
[14] of such their evil meaning & purpose the said William Heminges presently after he proved the said testator’s will & was possessed of his goods and leases as aforesaid did by the
[15] persuasion & advice of the said John Atkins & still doth hide and absent himself in unknown & remote \secret/ places, whereby neither your orator nor any other creditor can by an arrest
[16] or otherwise get an appearance from him at the Common Law, And as for being sued to an outlawry he so little regardeth his own credit or the reputation of his father the
[17] testator that he never yet did or will appear upon the exigent to prevent an outlawry, but keepeth himself out of the way in such strange haunts that albeit your orator hath
[18] both by himself & others taken great pains to enquire & find out his places of abode yet hath your orator never yet been able, and believeth he shall never be able to meet with
[19] him, whereby he your orator might serve the said William with process out of this honourable Court, and therefore your orator hopeth that if the said Attkins (who dealeth for the said
[20] William & knoweth the several places & corners of his resort, and doth commonly once a day or week speak with him) shall retain or have the said process directed to the said William
[21] that then your lordship will be pleased to order & do in the cause as fully as if the said William Heminges had been personally served with the same, And the rather in regard that the
[22] said William Heminges so absenteth himself by the craft & subtlety of the said Attkins & by his direction who taketh advantage thereof and in the absence of the said William
[23] doth deal in the testator’s estate for his own gain & benefit, by getting much of his goods into his own hands and by compounding of debts at what rates he pleaseth and
[24] persuading the said William that he hath not compounded but paid the whole, All which may the more plainly appear for that the said John Attkins \about two months since
[25] meeting & being in company with your orator and having speeches about the debt due upon the said obligation did then tell him that he knew the way how to help him
[26] your said orator to his money and did then also offer to give him the sum of thirty pounds if they could accord in satisfaction of the said debt, and said then moreover that
[27] the said Ralph Merefield had made over certain lands to the said John Heminges who had set the same to the said John Attkins purposely to see this said debt to be
[28] (amongst others) well & truly satisfied. And indeed the truth is that the said Ralph Merefeild being heretofore possessed of a certain lease of tithe corn and
[29] grain in the county of Chester made & demised unto him by one Sir Urrian Leigh knight deceased for certain years yet in being; he the said Ralph Merefield for & in
[30] consideration of the indemnity & saving harmless of the said John Heminges & John Attkins of & from all such debts & sums of money as they or either of them then
[31] did or should hereafter stand bound & engaged in for him the said Ralph Merefield or as his sureties & especially for the payment of your orator’s said debt did assign & set
[32] over the said lease to them the said John Heminges & John Heminges & John Attkins and all his interest therein, And the said John Heminges being since dead as aforesaid the
[33] said Atkins holdeth himself in by survivorship and is therefore chargeable & ought in conscience to satisfy & pay to your orator his said debt of fifty pounds principal
[34] money lent, & the consideration ever since the lending thereof, and the costs & charges your orator hath sustained in suing to recover his said debt; But now for it is also
[35] may it please your good lordship that one Judith Merefield widow, the relict of the said Ralph; by the combination & confederacy as aforesaid doth give forth in speeches
[36] and pretendeth to have some right title or interest in & to the said lease by some secret trust or otherwise to the use of herself or some of her children Whereas there is no
[37] reason or conscience why the said lease having been assigned over \upon consideration/ as aforesaid should upon any trust be employed to the use & benefit of the said Judith or her children before
[38] your orator’s money due upon the said obligation being a true & just debt & to the payment whereof the said lease is & ought to be liable shall be first satisfied and paid.
[39] In consideration whereof and to the end the said John Attkins William Heminges & Judith Merefield who know the several charges of this Bill to be true may discover & confess
[40] the truth herein upon their oaths And to the end also that the said Attkins & William Hemings who do obscure the said testator’s estate, and have caused his goods to be appraised
[41] at law & undervalues \and have committed to appraise certain other goods/ purposely thereby to defraud creditors, And who give forth in speeches that the said parts & shares of the said playhouses are by them or one of them sold
[42] or mortgaged, may set forth the true value of the said testator’s personal estate, & also what sum or sums of money the gain & profit which they or either of them or any other to
[43] their or either of their use doth or do take & retain out of the said playhouses or otherwise for or in respect of the shares aforesaid doth weekly & commonly one week with another amount
[44] unto and how much the same cometh to by the year & of whom they retain the same, And to whom & for what sum or sums of money or upon consideration the said shares or any
[45] part of them are sold \or mortgaged/ for (if they be sold or mortgaged as they pretend) And the rather for that the said John Heminges being an honest and just man and always
[46] in his lifetime so esteemed took care that your orator’s debt (which your orator would never have lent to the said Ralph Merefeild had not the said John Hemings been bound
[47] as surety for the same) and all other his debts might be paid and did leave behind him an estate sufficient for the paying thereof, had not the same been abused and
[48] misemployed and the reputation of the testator wronged by the cunning & evil advice of the said John Atkins And by the weakness & wasteful expenses of the said William
[49] Heminges, so that your orator is likely by the combination aforesaid to be without all hope of recovery of his said debt unless by the equity of your lordship showed in the like cases
[50] he shall be herein relieved. May it therefore please your good lordship to grant to your said orator his majesty’s most gracious writ or writs of Subpoena to be directed to the said John Attkins
[51] William Heminges & Judith Merefeild commandinge them thereby at a certain day & under a certain pain therein to be limited personally to be & appear before your good lordship. in his
[52] majesty’s high Court of Chancery then & there to answer unto all & every the premises; And further to stand to & abide such further order & direction therein as to your good lordship shall
[53] [seem] to stand with equity & good conscience And he shall daily pray &c.
[signature] Miles Hobarte          


II.  The Answer of William Heminges and others

[signature] Moc**
Omnes tres Jur xxv° Junij 1632
[signature beneath date] Ro Riches?

The joint and several answers of William Heminges John Atkins and Judith Merefeild defendants to the Bill of Complaint of Thomas Kirle Complainant.

[1] All and all manner of advantage of exceptions to the untruths uncertainties and other insufficiencies of the Complainants' said Bill of Complaint now and at all times hereafter saved and reserved unto these defendants and every of them these defendants
[2] say that they verily think that Ralph Merifeild and John Heminges in the Bill named became indebted by obligation or bond unto the complainant for the payment of fifty pounds with interest but that the bond or obligation by which they
[3] became so indebted did bear date about the latter end of the month of August in the Bill of Complaint set forth these defendants do not think or believe And these defendants also say that they verily believe that the said John Heminges
[4] made his last will and testament in writing and thereof made the defendant William Heminges his sole executor and died And that this defendant William Heminges did make probate of the said will and did take upon \him/ the execution
[5] thereof and thereby became possessed of the goods chattels and leases which were the said testator's but this defendant William Heminges denyeth that they were to the value of one thousand pounds or to or of any greater
[6] value than the sum of five hundred thirty two pounds and twelve shillings in goods chattels and leases and four score pounds in a hopeful debt and three score pounds in debts desperate and three score pounds more in a
[7] desperate adventure into the West Indies All which are expressed and set forth in the Inventory exhibited by this defendant William Hemings in the Ecclesiastical Court of the goods and estate of his said father and of the said \desperate/ debts and
[8] adventure this defendant saith he hath not received any of them or any profit or benefit by them or any of them. And this defendant William Heminges farther saith and confesseth that the said John Heminges died possessed of certain
[9] shares and parts of the two playhouses in the Bill mentioned which are part of the estate of the said testator before mentioned to be inventoried as aforesaid and of and in the one of them (to wit) the said playhouse called
[10] the Globe there was at the time of the death of the said testator (who died about a year and nine months since) five year and a quarter to come or thereabouts and of and in the other of them to wit the playhouse in the
[11] Blackfriars there was about nine years and a half to come and no more And this defendant William Heminges saith he doth not certainly know what or how much yearly gain or profit out of the said playhouses
[12] ariseth or cometh unto this defendant or his assigns or how much it doth come or amount unto by the year but thinketh when they are employed it doth not come near to the sum of two hundred pound clear besides
[13] rent reparations and other charges, and when they are not employed then they yield no benefit at all But this defendant saith that the said leases were apprised in the said Inventory made and exhibited by this defendant as aforesaid
[14] to the sum and value of two hundred pounds which this defendant conceiveth was and is the true and full worth and value of them they being subject to many casualties and damages (as namely) by restraint of playing
[15] in times of sickness or otherwise and by factions and discord daily arising amongst the players themselves and otherwise by suppressing of the same houses from the use of playing upon complaints as at this present
[16] the best of the same houses is in great danger to be \suppressed/ whereby the gains and profit of the same is very casual and uncertain And therefore this defendant cannot express what the gain of the same doth come or amount
[17] unto in certainty. And these defendants do all of them also confess that they think that the said Ralph Merefeild died so indebted as in the Bill of Complaint is set forth And these defendants William Heminges and John Atkins
[18] do deny the combination and confederacy laid to their charge in and by the said Bill of Complaint And these defendants William Heminges and John Atkins also further say and confess that the said defendant William Heminges
[19] did for some small time after the death of his said father secret and conceal himself thereby to keep him from arrest until he had settled his said father's estate and paid and secured of his said father's debts as much or more than [his]
[20] said father's whole estate doth come or amount unto And this defendant William Heminges saith he was enforced thereunto by the discourteous dealing of one Mr Thomas Sheppard that married the defendant's sister who plotted to [have]
[21] arrested him this defendant as he was to have attended his father's body to burial which uncharitable act so attempted to be done against this defendant (as this defendant believeth) did so much impair and weaken this defendant's credit and [drew]
[22] his father's creditors vpon him so fast as that he was thereby constrained somewhat to conceal himself until he might raise moneys to pay and satisfy his father's debts And this defendant William Heminges also saith he [***
[23] no longer conceal himself then as aforesaid neither did the other defendant Atkins ever advise him to conceal himselfe to defeat or defraud the creditors of his said father of their just and lawful debts but did
[24] rather advise and persuade this defendant to the payment of the same and hath been from time to time helpful and aiding unto this defendant therein And this defendant William Heminges further saith that he doth not hide himself
[25] whereby he cannot be arrested neither was there ever any outlawry against him this defendant to his knowledge And this defendant William Heminges also saith that he doth gratis without process served on him appear and
[26] make answer unto the complainant's now Bill of Complaint and will also appear to any writ ot writs brought or to be brought at law against him by the said complainant if he shall have convenient notice thereof And
[27] this defendant also saith that he doth now lodge and abide in Drury Lane And this defendant John Atkins denyeth all craft and subtlety and doth and will aver his actions to be just plain and honest and confesseth that he hath
[28] dealt in the testator's estate at the request and for the good of the other defendant William Heminges and denyeth that he hath gotten or ever had any of the said testator's goods since his decease which were not contained in
[29] the before recited Inventory neither hath this defendant or ever had any of the said testator's goods at all since his decease but what are contained in the said Inventory and which this defendant hath had by the consent and delivery
[30] of the said other defendant William Heminges and for the most of them hath paid the full worth and price of them and whatsoever this defendant \hath/ had of the said testator's goods by the gift of the other defendant William Heminges
[31] which were pictures and other things of small value this defendant saith they neither are nor can be any sufficient recompense (as this defendant verily believeth) for this defendant for his loss of time and the manifold labor travail and
[32] pains by him this defendant taken for and in the behalf of the said other defendant William Heminges And this defendant also saith that he hath not made any gain or benefit to himself by dealing or intermeddling with the testator's estate
[33] but hath and doth rather sustain loss and hindrance thereby And saith that whatsoever he hath done therein was and hath been at the request and for the good of the said other defendant William Heminges And this defendant
[34] denyeth that he hath compounded any the testator's debts otherwise than by good and true payment of the full and whole principal debt and giving security for the same, save only this defendant saith that with the privity
[35] of the other defendant William Heminges and Christopher Beeston a creditor of the said testator who heretofore did of his own accord offer to accept of a diamond ring of the said testator's valued at twelve pounds or
[36] thereabouts which (as this defendant hath heard) at first cost eighteen pounds for a debt of twenty pounds to him owing by the said testator and had the same of this defendant John Atkins and did also compound and agree with one Mr William
[37] Meade to whom the testator did owe the sum of thirty pounds \& interest/ and the said William Meade did abate the sum of five pounds in regard he the said William Meade had agreed to buy a lease of the said other defendant William Heminges
[38] in the price whereof he was to be allowed his debt of thirty pounds did rather make choice to abate the said sum of five pounds of his said debt than to go on wth the bargain of the said lease And this defendant saith and
[40] confesseth \that/ by chance once meeting wth the said complainant and \he/ the said complainant taking occasion to speak to this defendant touching the his debt of fifty pounds in the Bill mentioned this defendant did ask the complainant if he
[41] would accept of the sum of thirty pounds for his debt if there might be a way found to raise the same or words to the like effect but the same was but a mere communication cursorily by word only and whether at the
[42] time any such other words passed between the said complainant and this defendant Atkins As in the said Bill of Complaint is set forth this defendant now remembereth not And this defendant saith that he is well assured that he this defendant
[43] did not make any other offer to give or pay the said thirty pounds then only by way of communication as is aforesaid And these defendants John Atkins and William Heminges for themselves severally say that they think
[44] to be true that the said Ralph Merefeild conceiving himself to have been seised or possessed of the lease of the tithes in the said Bill mentioned did convey and set over the same lease unto this defendant John Atkins
[45] and the said testator for such consideration and in such sort and to such purpose As by the said complainant in and by his said Bill of Complaint is set forth and declared and that the interest therein (as these
[46] defendants think) is by survivorship come unto this defendant Atkins But these defendants William Heminges and John Atkins for themselves say that ever since the death of Sir Urrian Legh knight (who died about five or sixe y[ears]
[47] since) the said lease hath been for the most part of the time and as yet still is in suit of law in the Court of Chancery and by the several deceases of the said testator John Heminges and Ralph Merefeild [two]
[48] several suits therein before they were determined have \been/ abated and a suit there now depending concerning the same brought by this defendant John Atkins against the wife and son of the said Sir Urrian
[49] Leigh is likely to be dismissed out of the same Court for that the defendants in that suit haue pleaded to the jurisdiction of the Court of Chancery because the said tithes claimed by the said lease do lie in the County
[50] Palatine of Chester And these defendants William Heminges and John Atkins for themselves severally say that for their or either of their parts they have not as yet had made or received by or out of the said lease any
[51] benefit or profit at all neither do they know whether they ever shall have or receive any profit or benefit by the said lease And this defendant Judith Merefeild denyeth all combination and confederacy with the
[52] other defendants but confesseth that she hath given out speeches and did and doth hope that if the said lease were recovered that then after the other defendants John Atkins and William Heminges should be paid their debts
[53] and disengaged of their engagements for their said Merefield the remaining benefit and profit thereby (if any be) shall redound unto this defendant and her children being the wife and children of the said
[54] Ralph Merefeild deceased And [the] defendants William Heminge and John Atkins deny that they have or do obscure the estate of the said testator John Heminges or have caused the said testator's goods to be
[55] appraised at law and undervalues or hau????…ed any of them to their or either of their knowledges but say they verily think that all the said testator's goods and chattels are contained in the Inventory exhibited
[56] into the Ecclesiastical Court and are appraised to what they were?] reasonably worth without any undervaluing of the same as in the Bill of Complaint is untruly pretended And this defendant William Heminges
[57] saith and confesseth that the said leases of the said parts and shares of the said playhouses are mortgaged by him this defendant for one hundred and fifty pounds \vnto/ one Mr Abel Call citizen and sadler of London And
[58] both these defendants John Atkins and William Heminges severally say that they do not certainly know what the gain and profit for or in respect of the said shares of the said playhouses doth weekly or one week with another
[59] come or amou]nt unto neither howe much in certainty the same cometh unto by the year neither what this defendant William Heminges or his assigns or any other to his use have or do take or receive for or in respect of
[60] the said shares weekly or commonly one week with another in certainty for these defendants say that the same is very casual and uncertain sometimes of one and sometimes of another rate but these defendants think that the sa me] …
[61] yield one week with another when the playhouses are employed and the players take pains and have good plays and live quietly together without wrangling, forty or fifty shillings by the week and maybe worth?] O ne]
[62] hundred pounds by the year and somewhat better And for the names of the several persons that come to the plays of whom the same moneys are received (if the said complainant would have them expressed) these defendants
[63] cannot par]ticularly set them down But these defendants say that the same profit and gains is shared received and divided by of and amongst the players and housekeepers of the several playhouses of the Globe
[64] and Blackfriars And these defendants say they do not conceive it material who paid the said moneys neither of whom they receive the same And these defendants all of them traverse without that that anye]
[65] other matter or thing in the said Bill of Complaint contained material or effectual to be by these defendants or any of them answered unto and not herein before well and sufficiently answered confessed and
[66] avoy d]ed traversed or denied is to the knowledge of their defendants true All which matters and things these defendants are willing and ready to aver maintain and prove as this most honourable] Court
[67] shall award And humbly pray to be dismissed with all] their costs and charges in this behalf most wrongfully and unjustly had and sustained.
[signature] S. Maunsell