Return to Files List    



Only two parts of this lawsuit have survived, the Bill of Complaint and the Answer. Perhaps the suit went no further. What is offered here is a transcription of the Bill only; click on the Answer below for an explanation. At issue is a dispute over the ownership and inheritance of a messuage called the Boar's Head, on the Bankside. In lines 2 and 3 of the Bill the names of the occupants of the premises are listed. For ease of access to the original, lines in the transcription are keyed to the lines in the manuscript. Text has been modernised, but surnames retain their original spelling. Ellipses indicate missing or unreadable text; words enclosed in {curly braces} are questionable readings. For unfamiliar terms, like 'attorn', see the Glossary.
    • The Bill of Complaint of William and Ann Parsons
    • The Answer of Edward Alleyn

The Bill of Complaint of William and Ann Parsons
Beginning at line 50 the right edge of the document is damaged, resulting in gaps in the transcription, noted by ellipses.

18 May 1625

To the Right Honorable and Right Reverend father in God John, Lord Bishop of Lincoln, Lord Keeper of the Great Seal of England

[1] Humbly complaining sheweth unto your lordship your daily orators William Persons of Southwark in the county of Surrey waterman and Ann his wife That whereas William [sic; =Philip] Henslowe late of Southwark [2] aforesaid in the said county of Surrey deceased was in his lifetime seised in his demesne as of fee of and in all those messuages tenements and rooms which lately were in the several tenures and occupations of John ?Cole, John Hassell, Richard Holmes, widow Streete, Thomas Dawson, William Lowe, [blank] Saunders, Richard Saunders, Thomas Hardinge, John Hall, Robert Stokes, Thomas Jones, widow Smith, [blank] Pinsell, [blank] ?Winskin, [3] George Elredge, widow Hunte, widow Sanders, Hugh Taylor, Thomas Walborne, Ralph Haynes, Edward Price, and Emmett Burton, called or known by the name of the Boar's Head, situate upon the Bankside in Southwark [4] aforesaid. And the said Philip being thereof so seised as aforesaid, afterwards, that is to say some ten years since, by his last will and testament devised the same to Agnes Henslowe his then wife [5] for term of her life, the remainder thereof after her decease to your said orator Ann Persons, being a niece of the said Philip, and to her heirs forever. And the said Philip shortly after died, by [6] virtue of which said devise the said Agnes entered into the said premises and was thereof seised in her demesne as of her freehold for term of her life, the remainder thereof expectant to your said orator the said Ann [7] and her heirs forever. And they being so seised as aforesaid, Edward Allen of Detling in the said county of Surrey, gent, being a man no ways at all interessed in the said lands or having anything at all [8] to do with the business, yet so far insinuated and interposed himself in the matter that he came to your said orators pretending that he would give them such advice and direction for the settling of their [9] estate in the lands and tenements aforesaid as would be very safe and also beneficial unto them both but especially unto your said orator William Persons if they would be ruled by him. And promised also to your [10] said orators that he would so far stand their friends as that he would procure the said Agnes Henslowe widow to demise and lease all the said lands and tenements unto your said orators for the term of [11] one and twenty years, rendering the yearly rent fifty eight pounds fifteen shillings and four pence during the said term, by means whereof your said orators should become present [12] possessors and owners of all the lands and tenements aforesaid. And he did then further counsel them to settle an estate therein unto them both for term of their lives with a remainder to the heirs [13] of their two bodies to be begotten, the remainder to the heirs of the body of the said Ann, by means whereof your said orator William aforesaid might have an estate for term of his life in the said lands, [14] whereas otherwise he had no estate at all but in his said wife's right only, so that after her death he should have nothing at all to do with it, and that the lands should be thereby also so entailed to their [15] children that they should not be able to sell it away from their posterity. Whereupon your said orators, conceiving that the said Edward Allen had meant as he spake, and had truly intended as much [16] good to your said orators as in show he pretended, were contented to refer themselves wholly to his advice and direction therein, for that your said orators being ignorant in points of law did not [17] well understand what entailing of land signified. And thereupon the said Edward Allen, reaching at the inheritance of the said lands and tenements after the decease of your said orators without issue, and they [18] as then not having, nor in probability very likely ever to have any children betwixt them, he caused a bond to be ready drawn wherein your said orators should become both bound to the said Edward Allen [19] and Agnes Henslowe in the sum of five hundred pounds conditioned to this effect, that whereas the said Agnes had of her free will demised all the lands and tenements aforesaid with the rents thereof [20] amounting to the yearly sum of fifty eight pounds fifteen shillings and four pence unto your said orator and Ann his wife for the term of one and twenty years if the said Agnes should so long live, under [21] the said yearly rent of fifty eight pounds fifteen shillings and four pence. If therefore the said yearly rent of fifty eight pounds fifteen shillings and four pence should be duly paid by your said [22] orators to the said Agnes during the term aforesaid quarterly at the four most usual feast days or within thirty days after the said several feast days with the arrearages thereof then due. And if in [23] case the said Agnes should fortune to die one month or longer or shorter time before any of the feast days at which the same ought to have been paid if the said Agnes had been then living, then if your said orators [24] and Ann their executors or assigns should pay unto the executors, administrators, or assigns of the said Agnes so much rent as should be proportionable to the time of her so dying before any of the said feasts. [25] And if also the said William Persons and Ann at their own proper costs in the law at all times then afterwards upon request to be made by the said Agnes and Edward Allen or either of them should make, acknowledge, [26] suffer and execute all and every such act and acts, devise or devises in the law for the absolute conveying and assuring of the said premises, such person or persons and their heirs to the use of your said [27] orator and Ann his wife for term of their two lives and after their decease to the use of the heirs of their two bodies begotten. And for default of such issue, to the heirs of the body of the said Ann. [28] And for default of such issue, to the use of such person and persons and for such estate and estates as he the said Edward Allen should nominate and appoint as by the said Edward or his counsel learned in the [29] law should be devised and required, that then the said obligation should be void and of no effect, as by the said bond and condition itself more at large it may appear. Which said bond so ready [30] drawn as aforesaid and offered to your said orators to be sealed by them, they at the same time without any great examination or observing of the condition thereof, trusting altogether upon the fidelity of the said [31] Edward Allen, who they thought would not have required anything of them which might be any way hurtful or prejudicial unto them, sealed and delivered the same as their act and deed, and committed the [32] same into the hand of the said Edward Allen who hath kept the same bond in his on hands ever since and hath now lately put the same bond in suit at the common law against your said orators, thereby endeavoring [33] to extort from your said orators the forfeiture of the said bond of five hundred pounds, whereas notwithstanding the said Edward Allen never gave to your said orators the value of one penny consideration [34] for the said bond, neither did your said orators ever receive any benefit any way by the said agreement, for whereas the said Edward undertook to procure a lease of the premises to be made to your said orators for one and twenty [35] years under the yearly rent of fifty eight pounds fifteen shillings and four pence if the said lease had been made and enjoyed accordingly it had been rather a trouble than any benefit to your said orators, [36] for that all the rents thereof are only fifty eight pounds fifteen shillings and four pence, and all the said tenements were then in lease, so that your orators must have paid every year as much as they could receive thereof, but [37] truth is that the said Edward either could not or would not effect what he had promised, for after the said bond was once sealed, though in the condition thereof it be supposed that a lease of one and twenty [38] years of the premises was then in fact made yet in truth the said lease to your orators' knowledge was never made, but they are very certain that they never received one penny rent or otherwise by [39] any such lease, if ever any such were made. But contrariwise your said orators should have received much prejudice by the said intended lease, for they should have been tied to have paid a proportionate rent [40] to the executors of the said Agnes after her decease for so much time as the said Agnes should die before any quarter day, whereas of right all the rents of the quarter wherein she died did by law belong to your [41] said orators and not to the executors of the said Agnes. And albeit the said Edward Allen hath taken the said bond aswell in the name of the said Agnes as in his own name, thereby the better to [42] color and conceal his intended fraud, yet nevertheless he knew well enough that the said Agnes was an aged woman and not likely to live long, so that the whole benefit of the said bond was [43] in all probability to accrue to himself ere long by survivorship. And therefore in expectation and confidence thereof he hath kept the said bond in his own hands ever since. And whereas the [44] said Edward hath put his said bond of five hundred pounds in suit against your said orators, thinking thereby at the least to enforce your said orators to settle the said lands and tenements according as in the [45] said condition before is expressed, that is to say to your said orators for term of their lives, the remainder in tail to the heirs of their two bodies, the remainder to the heirs of the body of the said [46] Agnes, and for default of such issue then to such person and persons and for such estate and estates as the said Edward should nominate and appoint, if your said orators should execute the said estate [47] accordingly, yet nevertheless it were no benefit at all to the said Edward, for that your said orators, being tenants in tail, may lawfully, as they are informed by their counsel, presently to cast off the said [48] tail and all remainders depending thereupon, so that it were only a charge and molestation to your said orators to perform the said condition, but no benefit at all to the said Edward unless your [49] orators were so pleased. But it seemeth that the said Edward's intendment was principally so to close and set the estate of your said orators that they should not be able sell it to any other person [50] to himself only, and then he conceived he might enforce them to take whatsoever he thought good to offer them, and so to compel them to stand to his courtesy, which would be a great wrong to your orators and contrary to all equity and good conscience. In tender consideration whereof and for the [...] [51] said bond of five hundred pounds by the rigor of the common law standeth forfeited, first for the not selling the said estates according to the condition thereof, and then for no payment [...] [52] said rents quarterly, for that your said orators are concluded by the strictness of the common law to deny the making of the said lease, the same standing confessed by the bond and condition [53] aforesaid. May it therefore please your good lordship, the premises considered, to grant to your said orators as well his majesty's most gracious writ of subpoena to be awarded out of the [...] [54] court of Chancery and to be directed to the said Edward Allen thereby commanding him at a certain day and under a certain pain therein to be limited to be and personally to answer [...] [55] in the said court of Chancery, then and there to answer to the premises and to show and set forth what consideration, recompence, or other benefit whatsoever he the said [...] [56] do or gave to your said orators or to either of them to induce them to enter into the said bond of five hundred pounds to him the said Edward, conditioned as aforesaid. As also a grant to your said [57] orators a writ of injunction to stay the said suit of the said Edward upon the said bond of five hundred pounds at the common law. And also to stand to and abide such other orders and [...] [58] herein as to your lordship shall seem best to stand with equity and good conscience. And your orators shall daily pray for your good lordship in health and happiness long to continue.


The Answer of Edward Alleyn
Large portions of the right side and the bottom of this document are missing, and parts of the remainder are so badly worn as to be illegible [see image]. Consequently, it's difficult to reconstruct more than fragments of sentences, or any coherence of arguments, that the document originally contained. It's regrettable not to have the full text of Edward Alleyn's response to the accusations leveled at him by William Persons; his justifications, or rejections, of the claims made in the Bill of Complaint would be well worth reading, if only we could. This transcription was made from photographs of the original; consulting the original will likely yield better results. We invite anyone wishing to rise to this challenge to contact us.


The Answer of Edward Allen Esquire to the Bill of Complaint of William Persons and Ann his wife, complainants


[1] The benefit of exception to all and every the incertainties and imperfections of the complainants' said Bill to this defendant now and at all times hereafter saved and reserved, he this defendant [line‑end perished]

[2] concerning him this defendant to make answer unto, saith that he taketh it to be true that Philip Henslowe late of Southwark in the county of Surrey, esquire, deceased, was in [line‑end perished]

[3] messuages, lands, and tenements in the Bill mentioned, to be called the Boar's Head upon the Bankside in Southwark aforesaid, and that the said Philip Henslowe being so [line‑end perished]

[4] did in his lifetime by his last will and testament devise the same to Agnes Henslowe in the Bill named and to Ann one of the complainants in such sort and manner as in the complainants' [line‑end perished]

[5] said Agnes entered into the same and was thereof seised for the term of term of her life the remainder in fee {ex **tant} to the said Ann one of the complainants and her heirs, and this defendant saith that it is true [line‑end perished]

[6] with the said lands at the time of the death of the said Philip Henslowe but saith that after the death of the said Philip Henslowe, John Henslowe the brother of Ann one of the complainants being here at the [line‑end perished]

[7] said lands did commence suits in law against this defendant and others in this honorable court and in other courts to overthrow and make void the said will, whereby not only the devise of the said messuage, lands, and tenements [line‑end perished]

[8] said Ann one of the complainants could if it had so fallen as the said Agnes mother to this defendant's then wife and to this defendant and his said wife were to have or receive by the said last will and testament [line‑end perished]

[9] Henslowe would have been verily frustrated and made void and they should in that case have been utterly deprived thereof, in which suits and in defense and maintenance of which said will this defendant [line‑end perished]

[10] hundred pounds or more thereabouts and the complainants for aught that this defendant did ever know or hear did not spend any money in the said suits or in the defense or maintenance of the said will, but did promise to these complainants [line‑end perished]

[11] leave part of the charge thereof, And this defendant denieth that he did in any sort insinuate or interest himself in the matter concerning the said messuages, lands, or tenements, or that he did come or repair to the complainants [line‑end perished]

[12] other of them pretending that he would give them or either of them any advice or direction for the settling of their or either of their estates in the said lands as in the Bill is suggested in any other sort or [illeg] [line‑end perished]

[13] than is hereafter in his this defendant's answer expressed that is to say that during and depending the said suits and during the life of the said Agnes widow of the said Philip Henslowe the complainants' [line‑end perished]

[14] of no great estate and fearing that the said brother of the said Ann one of the complainants would pass himself of the said messuages, lands, and tenements by some device or sleight and thereby bring them [line‑end perished]

[15] trouble and suits of law for the recovery thereof she after the death of the said Agnes she being at that time a very aged and weak woman, hereupon and for these reasons and no other the complainants [line‑end perished]

[16] and their friends of their voluntary accord without any the seeking or procurement of this defendant did advise and create with this defendant for some good and safe course to be taken whereby the complainants might [line‑end perished]

[17] possessed of the said lands in the lifetime of the said Agnes to prevent as much as might be any trouble or molestation which the brother of the said Ann one of the complainants should or might raise or stir up [line‑end perished]

[18] upon them or either of them for touching or concerning the said messuages lands and tenements and hereupon it was requested by the said complainants or one of them or some friend of theirs on their or one of their [illeg] [line‑end perished]

[19] said Agnes in her lifetime might be drawn to demise or lease the said lands in the complainants' or suffer or permit them to take the possession thereof for the term and at the rent in the Bill mentioned wherein the [illeg] [line‑end perished]

[20] this defendant's aid and assistance which this defendant was contented to do so as the complainants would give the said Agnes sufficient security for payment of the said rent, whereunto the complainants did undertake [illeg] of their [line‑end perished]

[21] own accords consent and agree and said that they should be enough beholding to this defendant if he could effect the same or used words to the like effect, but this defendant denieth that he did in any other sort promise to the complainants that [line‑end perished]

[22] would affect the same as by the Bill is pretended And this defendant further saith that depending the said communication and treaty between this defendant and the complainants and their said friends the said complainants or [illeg] [line‑end perished]

[23] friend of theirs on their or one of their behalfs with the privity or directions of the complainants or one of them as this defendant believeth and hopeth to prove did voluntarily offer to estate the said lands in such sort as makes [illeg] [line‑end perished]

[24] wherewith this defendant was very well pleased And thereupon and not before did counsel or advise the complainants to make such an estate of the said lands with this caution that a remainder should be contained in the [illeg] [line‑end perished]

[25] or entail to be made if the said bands that if the said [illeg] of the complainants should die and have no heirs of her body to inherit the said lands that then the said lands should remain and come to the right heirs [illeg] [line‑end perished]

[26] Henslowe who devised the said lands to the said [illeg] as in the said bill is alleged. And this defendant denieth that he did in any sort or for any other end or purpose advise or counsel [line‑end perished]

[27] make any estate or conveyance of the said lands and this defendant saith that the complainants or either of them did not refer themselves to the advice or directions of this defendant touching the said lands in the estate [illeg] [line‑end perished]

[28] sort or upon any other occasion than is herein formerly expressed and this defendant denieth that he had at any time any intent or purpose to [illeg] at or to gain to himself the inheritance of the said lands [illeg] [line‑end perished]

[29] their heirs after their death without issue but only to settle the said lands upon the right heirs of the said Philip Henslowe unto whom this defendant was in no sort of kin or allied in any other wise than that [illeg] [line‑end perished]

[30] the daughter of the said Agnes which she had by a former [..] before she married the said Philip Henslowe and that entail to be in no other sort but in case the complainant Ann should happen to be without issue [illeg] [line‑end perished]

[31] lawfully begotten And this defendant saith [illeg] that the complainants or one of them or some other by their direction did cause the bond in the Bill mentioned to be drawn and penned voluntarily and of their own [illeg] [line‑end perished]

[32] themselves to be brought and [illeg] by them sealed and delivered voluntarily and of their own accord. And this defendant denieth that this defendant did cause the said bond to be drawn, but this defendant saith that the [illeg] [line‑end perished]

[33] to such sort as in the complainants' Bill is [illeg] that it is not repeated in the complainants' Bill that the complainants should pay to the said Agnes the arrearages of the rents which were at the sealing of the said bond [illeg] [line‑end perished]

[34] the said lands as by the condition of the said bond whereunto reference being had more at large is doth and may appear. And this defendant saith that the said bond doth remain in his custody and that the [illeg] [line‑end perished]

[35] the said bond [illeg] the said defendant saith that he hath put the said bond in suit at the common law as he hopeth is lawful for him to do aswell for that the complainants have not paid the rents [illeg] [line‑end perished]

[36] the said lands at the time of the sealing of the same bond as also for that although the complainants had no lease made to them of the said lands, yet the said Agnes in her lifetime did permit the complainants to be seised of [illeg] [line‑end perished]

[37] lands [illeg] and permit the tenants of the said lands to attorn and deliver seisin thereof to the complainants which was near about the time of the sealing of the said bond which beareth date the twentieth day [illeg] [line‑end perished]

[38] year of the reign of or late sovereign king James of famous memory deceased And the complainants or some to their use did receive the rents due for the said lands at the feast of the Annunciation of our [illeg] [line‑end perished]

[39] of the said bond And this defendant [illeg] that he hath put the said bond in suit at the common law as he hopeth was lawful for him to do, for that the arrearages of the rent of the said [line‑end perished]

[40] unto the said Agnes at the time of the sealing of the said bond did amount to twenty-six pounds or thereabouts as by a note thereof delivered or caused to be delivered by this defendant to the complainants or one of [line‑end perished]

[41] counterpart whereof [illeg]with this defendant and the complainants having also received the rents of the said lands due at the said feast of the Annunciation next after the date of the said bond and having g[illeg] [line‑end perished]

[42] said Agnes in her lifetime neither for the said arrearages nor for the said rents which they received for the said lands after the said feast of the Annunciation. And she the said Agnes having made her last [illeg] [line‑end perished]

[43] writing and thereof made Joan this defendant's then wife executrix afterwards, that is to say, within one month next after the said feast of the Annunciation she the said Agnes died, and this defendant [illeg] [line‑end perished]

[44] the said will in due form of law and take upon her the execution thereof, which are by this defendant in right of his said then wife was and ought in law to have recover and receive from the compl[illeg] [line‑end perished]

[45] the said rents received by the complainants as aforesaid which were owing by then to the said Agnes at the time of her death. And this defendant saith that he did forbear to put the said bond in suit by the [illeg] [line‑end perished]

[46] thereabouts, in all which time the complainants have not endeavored to satisfy to this defendant the said arrearages nor the said rents, and this defendant did in truth forbear to put the said bond in suit until th[illeg] [line‑end perished]

[47] about to sell the said lands and the inheritance thereof to a stranger, as in truth they have sold the same and left this defendant destitute of all means to recover the said rents and arrearages unless he may be relieved thereof [illeg] [line‑end perished]

[48] some part of the charge which this defendant sustained and disbursed for the said defense and maintenance of the will of the said Philip Henslowe whereby the said lands were devised to the complainants as is aforesaid [illeg] [line‑end perished]

[49] hopeth this honorable court will take due consideration, and the rather for that by the maintenance whereof the plainants do or might quietly enjoy the said lands if they had not sold the same as is aforesaid. And this defendant saith that [illeg] [line‑end perished]

[50] other consideration for the said bond than is herein formerly expressed, yet in respect the complainants received such benefits by the said agreement as to have the possession of the said lands in the Bill [illeg] [line‑end perished]

[51] rents thereof in her lifetime, and for which they have given any satisfaction to this time, nor for any part of the charge of the said suits as they promised to do, the complainants ought as this defendant [illeg] [line‑end perished]

[52] satisfaction to him for such demands as this defendant hath therein formerly requested, And this defendant further saith that although the defendant did not procure to the complainants a formal lease [illeg] [line‑end perished]

[53] said Agnes, yet the same was done in effect, whenas by this defendant's means the said Agnes permitted the complainants to have the present possession of the said lands in her lifetime and to receive the rents [illeg] [line‑end perished]

[54] to attorn to the complainants as is aforesaid. And this defendant saith that it was not by this defendant's means inserted into the conditions of the said bond that the complainants should pay a proportionable rent to the [illeg] [line‑end perished]

[55] decease for so long time as she should die before any quarter day, for that the complainants themselves did entreat and request that the said bond and the condition thereof might be made and p...ed in such manner [illeg] [line‑end perished]

[56] themselves just one Mr Foster who is bailiff of the boough of Southwark to make the said bond and the condition thereof, and did as this defendant believeth pay the said Foster for the drawing up [illeg] [line‑end perished]

[57] defense denieth that he had any intention or meaning of fraud towards the complainants or any other either before, at, or sithence the sealing of the said bond or any other sort whatsoever to defraud or deceive [illeg] [line‑end perished]

[58] thereby. And this defendant saith that it is true that the said bond was taken aswell in the name of the said Agnes she being then an aged woman as in the name of this defendant, but the same was [illeg] [line‑end perished]

[59] free consent of the complainants. And this defendant saith that he doth keep the said bond in his custody and hath also put it in suit for no other reason, nor upon any other expectation [illeg] [line‑end perished]

[60] And this defendant saith that he would willingly have had the said lands settled as in the condition of the said bond is expressed aswell for the complainants' own good as also for that the complainants their se[illeg] [line‑end perished]

[61] case the complainant Ann should die without issue the said defendant's intention and meaning was to have the remainder of the said lands to be settled in that case upon the right heir of [illeg] [line‑end perished]

[62] both to the said Philip Henslowe and this defendant that this defendant doth deny that he had ever any intention or meaning in any sort to clog or fetter the estate of [illeg] [line‑end perished]

[63] able to sell it to any other person but to the defendant. And this defendant denieth that he did at any time conceive that he should [illeg] the complainants or either of [illeg] [line‑end perished]

[64] for the said lands, thereby to compel them or either of them to stand to this defendant's [illeg] the said Bill is right scandalously [illeg] [line‑end perished]

[65] of [illeg] points of law or do not well understand what entailing of lands DO SAY IN FEE [illeg] [line‑end perished]

[66] the rents of the said lands were only fifty eight pounds & fifteen shillings & four pence as in the Bill [illeg] [line‑end perished]

[67] [illeg] Without that, that any other matter or thing in the said complainants' Bill [illeg] [line‑end perished]

[68] avoided, traversed, or denied is true to the knowledge of this defendant. All which [illeg] [line‑end perished]

[69] from [illeg] dismissed with his reasonable costs and charges in this [illeg] [line‑end perished]