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XIII JANUARY-—APRIL—JULY 1913 Nos. 1, 2, 3 UNIVERSITY STUDIES PUBLISHED BY THE UNIVERSITY OF PLT TS A ligy ( JUN 29 1934 ye Nay. or ete Onar MUSE COMMITTEE OF PUBLICATION C. E. BESSEY P. H. GRUMMANN F, M. FLING W. K. JEWETT L. A. SHERMAN CONTENTS THE First LONDON THEATRE, MATERIALS FOR A HISTORY Charles Wiliam Wallace 1 LINCOLN, NEBRASKA By transfer The Wi te House Pe UNIVERSITY STUDIES WoL. X11 JANUARY-APRIL-JULY 1913 Nos. 1, 2,3 THE FIRST LONDON THEATRE: MATERIALS FOR A HISTORY BY CHARLES WILLIAM WALLACE INTRODUCTORY SURVEY The story of the first London theatre, from the date of its inception by James Burbage in 1576 to the full florescence of Shakespeare in 1599, has a human interest of its own, and at the same time furnishes a historical background of some of the inti- mate personal conditions that made the dramatic and histrionic achievements of Shakespeare and his associates at the Globe supreme. That story, based upon a large collection of documents, bringing us into close personal contact with Richard and Cuthbert Burbage, their father, and the life in and about the Theatre, may here be told in a brief survey of the human side as a help to the student in unraveling the voluminous records. The complete his- tory, with other added documents, must wait yet awhile. Around the business arrangements made for building and managing the Theatre, centre the records of the Burbage-Brayne controversy, ranging over a period of nearly twenty years; and about the destruction of the Theatre in 1598, grew the voluminous docu- ments of the Burbage-Allen litigation of 1599 to 1602, recount- ing their business relations from the first. It is these two inter- woven series of records that the present collection presents in entirety. The twenty-one-year lease of the grounds on which the Theatre I 2 Charles William Wallace was bu" 2d April 13, 1576, expired April 13, 1597. In Febru- ary, 15y,, two months before the expiry, James Burbage, the lessee, died, and the troubles engendered in the course of years between him and others concerning it, now fell upon his widow and administratrix, Ellen Burbage, and their sons Cuthbert and Richard. The historical background of the conditions in which the Bur- bages found themselves in 1597-98 ranges from roseate hope to gray reality. They had in these twenty-one years lived through the most remarkable development of theatres, companies, and dramatic methods of all time,t and had been near the heart of all changes. Already theatres had come and theatres had gone. Their own, so distinctive in its soleness at first as to be called “The Theatre,” was the first to rise. It was begun with high hope, and was maintained through the years under grave diffi- culties. The first Blackfriars theatre, which opened under Rich- ard Farrant only a few months after the Theatre, came to an end in 1584, in a series of bitter litigations. Its complete history, based upon approximately a hundred documents found by the present writer, is related for the first time in The Evolution of the English Drama up to Shakespeare, above referred to.2 An old playhouse built at Newington Butts in Southwark at some unknown date, presum:.bly in these early days of development, was in 1599 only a memory, as shown by a contemporary record to be published later. Meanwhile, some of the old inns of London were either prohibited by the City authorities from further use 1See Wallace, The Evolution of the English Drama up to Shakespeare (Berlin, 1912), passim. 2TIt is greatly to be regretted that a Frenchman, A. Feuillerat, using information derived from me, and finding seven of these hundred Black- friars documents, .iastened to publish them in fragmentary anticipation of my complete work, and afterwards, through the public press and influence upon reviewers of my book, attempted to enlist public opinion by misrepre- sentation of the facts. Research is beset with many difficulties, but this is one of the things that time will set right. One needs only to lay his fragments by the side of the complete history to find the truth. A state- ment of the facts may be seen in The Athenaeum, January 4, 1913, con- tinued from November 23. The First London Theatre 3 as playhouses, or their companies were drive: yt,,of business or into the new theatres in the suburbs. By Companies in all the public theatres shifted and changed like satellites in erratic orbits about central suns. None were stable. Uncertain financial conditions, internal differences, or other theatrical troubles were the common causes. Almost every change of company can be traced to financial difficulties. More than an equal share of these troubles huddled on the backs of the Burbages in connection with the Theatre and its companies from the first. Briefly may we survey the troubled years that led up to the organization of the Burbage-Shakespeare company and the building of the Globe. James Burbage was reared to the trade of carpenter and joiner. One of his enemies, Robert Myles, goldsmith, said of him in 1592 that “he never knew him but a po™ man & but of fmall Credit, being by occupacion A Joyner, and reaping but A fmall lyving by the fame, gave it over, and became A Commen Player in playes.” Burbage was one of the principal actors in Lord Leicester’s com- pany, and in 1574 he and his associates obtained the first royal patent ever granted in England to a company of players. This was primarily intended as a means of protection against the con- stant opposition of the City authorities. Still the opposition continued, and made acting at the inns difficult. Burbage talked the situation over with his brother-in-law and others. He showed them that the erection of a building devoted solely to play-acting would be profitable. There was the constant demand of the Court for plays, and the growing demand of the public. But the opposition of the City made it necessary to find a loca- tion outside its jurisdiction. He cast about, and found such a location in the precincts of the old dissolved Hallywell priory in Shoreditch, north of the City. Here he found he could get cheaply, for only 14/. rent per annum, a plot of ground, with some old buildings on it. Old men and women agreed in the statement of Thomas Brom- field in 1600, concerning the nature of the buildings in 1576, that “they weare houfes of Offyce as A Slaughter houfe and Brewe houfe and low paulterye buyldinges”. Richard Hudson, a car- 3 4 Charles Wiliam Wallace penter, who wotked on them and helped Burbage convert them into habitable places, described them in 1600 as being in 1576 “ould decayed and ruynated for want of reparacions and the beft of them was but of twoe ftories hie.” A man whom Bur- bage long employed about the Theatre, Randolph May, who knew the property all his life, likewise remembered them in 1600 as “very fymple buyldinges but of twoe ftoryes hye of the ould fafhion and rotten,’ and adds that they were “ould houfes of office and fome of them open that Roges and beggars harbored in them.” The principal building was a long, rickety old tile-roofed barn, eighty feet long and twenty-four feet wide, built of timber, one end used as a barn by Hugh Richards of Coleman street, the other end as a slaughter house by Robert Stoughton, butcher. Part of the barn served also as tenements, and one of its occu- pants at that time, Oliver Tilt, deposed in 1600 that “yt was lyke to have fallen downe and was fo weake as when A greate wynd had come the tenantes for feare have bene fayne to goe out of yte.” In fact, to keep it from falling down, when making it over into eleven tenements, Burbage had it cross-beamed and strengthened and shored up by the carpenters, Bryan Ellam and his son-in-law Hudson, as they testified, to the Theatre, which was built wholly new only a few feet from it. Such was the uninviting site, just adjoining Finsbury Fields, chosen for the first London theatre, the cradle of the young Eng- lish drama. But Burbage was a builder, a planner, and saw possibilities in it. The buildings could be renovated, repaired, made decent, even habitable, and the rent from them would pay back the annual expense of the lease. If a theatre could be built, the income from it would be clear profit. The plan was alluring. So on April 13, 1576, James Burbage secured a lease of the prop- erty from the owner, Gyles Alleyn, for twenty-one years at 141. a year, plus a “fine” or bonus of 201., with provision for a ten- year extension if Burbage should expend 200/. on buildings and repairs aside from the cost of building his proposed ‘theatre, and with further provision that such building as he should erect for a playhouse might be taken down and removed by him within the 4 The First London Theatre 5 ‘period contemplated by the lease. For the performance of his part in the agreement, Allen gave Burbage a bond of 2001. Burbage lacked money. Some dozen men who knew him then declare that he was not well-to-do, and some of them testify that he was not worth 100/.—an apparent minimization. His brother- in-law, John Brayne (or Braynes), whose sister Burbage had married, was stirred with enthusiasm at the speculative prospects of the project. Brayne was a prosperous grocer in Bucklersbury, near Grocers Hall, well thought of in London, believed by his friends to be worth at least 500/., and commonly reputed to be worth 1000 marks. Whether urged by Burbage, on the repre- sentation that the building of the theatre would not cost over 200/. and that the profits would be great, as witnesses for the Braine faction in 1590-92 testified, or whether, seeing large hopes in the project, Brayne urged his brother-in-law to let him share with him, as the Burbage faction claimed, Brayne did at any rate join with Burbage in a plan to build and conduct the Theatre on equal shares of expenses and profits, and appears even to have agreed, since he had no children, to leave his half interest at death to Burbage’s children, as represented in the Chancery bill of 1588. The new venture was entered upon with high hopes. Burbage raised all the money he could, even mortgaging the new lease to a money-lender for all he could get on it. Brayne sold his stock of groceries to Edward Collyns for 146/. and his house to the elder Collyns for 100/. The entire proceeds of 246/. he put into ‘the building of the Theatre, 40/. of it going into iron-work alone. It was said by some of his friends afterwards that he borrowed still more, that he spent, some said, 500/., some 600/., some 700/., and that Burbage did not spend over 50/. One of the most partisan of the witnesses, Robert Myles, himself later litigiously interested in the Theatre by executorship, even says in 1592 that Burbage admitted he spent less than 100/. and further reports Brayne as saying Burbage spent but 37/. in money, and furnished timber to the value of 50/., charging sometimes 6d. for a groat’s worth of stuff. But Myles was Burbage’s deadly enemy. He adds that Brayne sold all he had to raise money, some 6001. to 700/., pawned his clothes and also his wife’s, ran in debt, he and 5 6 Charles William Wallace his wife worked as laborers in finishing the building to save the hire of two workmen, while Burbage, if he worked at all, was paid laborer’s wages. On the other hand, Henry Beth, a lawyer of Lincoln’s Inn, who had drawn many papers for both Brayne and Burbage, who was familiar with their business, and who had at various times exam- ined their account-books and taken notes from them, deposed at the same time that Brayne’s share in the first cost of the Theatre, as he himself had confessed in 1582, was 239/. 6s. 6d. That would make the total first cost to both parties about 480/. Unable to raise sufficient money otherwise, they began acting plays in the building before it was finished, and used the proceeds to com- plete it. Later they spent more money on it, enough to make a total of approximately 7oo0/. It was the common impression among their friends and neighbors that the Theatre cost about 1000 marks (666/.), and that Brayne paid the most of it. And even Henry Lamman, whose own evidence as well as that of John Allen reveals him'as proprietor of the Curtain theatre, after some years of intimate business relations with Burbage and Brayne in managing both the Theatre and the Curtain, gives this as his understanding of the facts. Whoever may have been responsible for raising the funds, it turns out at any rate that each bore the burden equally. That they shared profits equally is also testified by many persons, among the number being Henry Johnson, “ gatherer”’ at the Theatre, who handled all the money, and John Alleyn, one of the actors, an elder brother of Edward Alleyn. No written agreement appears to have existed between Bur- bage and Brayne at first. Burbage owned the lease, and Brayne had spent much money on the property. In accordance with their general understanding, Burbage was willing to assign one half of the lease to Brayne. Accordingly, on August 9, 1577, an assignment was drawn up by William Nicoll, the scrivener, whose evidence we have on it. But Burbage did not seal and complete it, because the original lease was still in pawn for a loan to build the theatre. Therefore, on May 22, 1578, Nicoll drew up a bond between them, binding Burbage in 400/. to make over one half 6 The First London Theatre 7 of the lease. This bond was sealed and delivered by Burbage, and was in 1590-92 introduced as evidence in court. Neverthe- less, Burbage never did make the assignment. The lease re- mained in his name to its termination, nearly twenty years later. Within a month or so after the above bond for assignment, the brothers-in-law fell out over the receipts, Brayne charging Bur- bage with indirect dealing. Robert Myles even says that Bur- bage had had a false key to the cash-box made by a smith whom he names as one Braye, of Shoreditch, and that he stole money thus from Brayne and from his .fellow-actors, also sometimes put money in his bosom, and even confessed his peculations, dur- ing these first two years. All of which we may properly discount upon full acquaintance with Myles. The dissension was serious enough to require an arbitration of their interests, which they referred by agreement to two friends, John Hill and Richard Turner. While the arbitrators were considering their claims, Burbage and Brayne went to the office of the scrivener Nicoll to have him draw up papers. There Brayne accused Burbage of wronging him, saying among other things that he had spent three times as much as Burbage on the Theatre. In the midst of their altercation, Burbage struck Brayne with his fist, “and fo they went together by the ears,” says Nicoll, “In fomuch that this deponent could hardly part them.” On July 12, 1578, just following the quarrel, Hill and Turner signed and sealed the articles of arbitrament, and Burbage and Brayne each gave the other a bond of 200/. to perform the con- ditions imposed. By the terms of the arbitrament, concerning which the direct testimony of John Allen and Ralph Myles in 1592 is particularly valuable, Burbage and Brayne were to be considered as equal partners in the lease, buildings, and profits. The lease could be mortgaged only by both joining in the mort- gage. Then the rents and profits were to go to paying off such mortgage. Next, out of the weekly plays, the debts of both parties for the Theatre were to be paid, and meanwhile out of the Sunday plays Brayne was to have 10s. a week and Burbage 8s. a week. Next, all profits of weekly plays, after payment of the above theatre debts, were to go wholly to Brayne, until he 7 8 Charles William Wallace should be paid the amount spent in excess of Burbage’s expendi- ture. Thereafter, they were to share equally. The failure of one party or the other to perform the arbitra- ment was the cause of bitter contention and long litigation for the next twenty years both within the family and without. More- over, the part of the agreement relating to Sunday plays could not be carried out in full. The City had long insisted on allow- ing no plays or other recreations on Sunday, and the city records contain many orders prohibiting them. Finally, to stop the practice, Burbage and Brayne were indicted at the Peace Sessions of Middlesex (the record is well known) for acting plays on the Sabbath, the specific performance of Sunday, February 21, 1580, being cited, since a specific charge was necessary, and those before and after being referred to only in general terms. On April 12, 1580, the Lord Mayor complained to the Lord Chancellor of dis- orders at a play at the Theatre on the preceding Sunday, men- tioning that he had begun action against the players, but that, finding the Privy Council had it in hand, he left it to them. These actions and repeated City orders at least interrupted if they did not wholly prohibit their playing on Sundays, thus preventing that part of the arbitrament from being fulfilled,—a point that Burbage’s second question to Ralph Myles, April 26, 1592, aimed to establish, but without getting an answer. Debts were not immediately wiped out. Brayne in fact had gone into debt heavily on his own account, and either before or during the building of the Theatre he had made a deed of gift of his property to save it from creditors. This was a favorite method of Brayne (and others) when heavily indebted. Some- times he made the deed of gift to William Thompson, his brother- in-law, who had married his wife’s sister, sometimes to John Gardner, sometimes to one Ashburnham, or to some one else. For example, in 1579, he made such a deed to Thompson, to save himself from a judgment of 25/. 10s. 1d. in favor of John. Hynde, haberdasher, which had been placed in the hands of the bailiff to execute. Also in other cases, not directly connected with the theatre, he took similar action, and left Burbage and his other securities to settle the debt. He got most deeply into debt, 8 The First London Theatre 9 some 800/. to g00/., by building the George Inn, in Whitechapel, to which, rather than to the Theatre, many of the financial diffi- culties that involved the Theatre seemed traceable, as Burbage, attorney Bett, former bailiff James, John Hynde and others in their depositions of 1591-92, indicate? In 1597, Brayne and Burbage were indebted in another sum of 5/. 13 d. to John Hynde, the haberdasher. On the afternoon of June 23, about two o’clock, Burbage was arrested for the debt in Gracious street as he was on his way to a play at the Cross Keys there, and was able to free himself only by at once paying the Sergeant at Mace the whole amount. In spite of the apparent general prosperity of the Theatre, laudly complained of by the puritanical in pulpit, pamphlet, and City orders, the partners could not get out of debt. On Septem- ber 26, 1579, through the intermediacy of a money-broker, John Prynne, and by mutual agreement of the partners, Brayne and Prynne got of John Hyde, grocer, 125/. 8s. 11 d., for which James Burbage at the same time signed a mortgage of the lease in security for one year. At the end of the year, the amount was not paid, and the mortgage was accordingly forfeited to Hyde on September 27, 1580. Then Hyde, as he relates, agreed with the proprietors to extend the loan, on condition that they pay him 5. a week until all should be paid. This they carried out for only four or five weeks, and the mortgage was again forfeited. Thereby, Hyde became legal owner of the lease of the Theatre. By agreement he allowed Burbage and Brayne to continue the business. But he was greatly dissatisfied with the results, as he received no profits from it. He threatened to put them out, and thereupon in June, 1582, arrested Burbage, who, upon payment of 20/. and the signing of a bond to appear at Hyde’s house at an hour’s notice to be subject to his action, was allowed to go on. 3 Numerous documents—enough to fill a small volume—have been found by the writer in different courts concerning the George Inn, of White- chapel, relating its troublous early history from the first. They are of no immediate interest beyond showing the financial relations of Brayne, Bur- bage, and Myles in the business, through which the interests of the Theatre were jeopardized, as-here sufficiently observed for the present. 9 10 Charles William Wallace But Burbage complained to Hyde that Brayne took to his own use the money received at plays, and refused to deliver any of it to him or to Hyde. Whereupon Hyde appointed a servant or agent with Burbage to dismiss and put out Brayne from the Theatre. As he could not get rid of Brayne, however, he appointed them to collect and deliver 5/. weekly, thinking thus to pay himself with the profits. But by this means Hyde was able to collect only 20/7. to 30/. Brayne never at any time paid any sum on the mortgage. Meanwhile in 1582, during a bitter suit by Edmond Peckham against*Gyles Allen over the ownership of the grounds on which the Theatre stood, Peckham tried to get possession by force, and James Burbage, whose life was on one occasion endangered in protecting the property against Peckham and his servants, was compelled to hire men and to keep them on the premises day and night to guard the Theatre and defend his rights. As Cuthbert Burbage related in 1600, it was for his father’s expense in this that he withheld 30/7. of the rent from Allen, which remained an item of contention and dispute for sixteen years. Two men employed during the whole period of the Peckham siege, Ran- dolph May and Oliver Tilt, gave in 1600 a graphic notion of the situation. As a result of the annoyance, plays were stopped, Burbage lost money, and his company, the Earl of Leicester’s servants, who had played there from the first, was broken up. That was the end of Leicester’s company in London. Their last recorded performance was A History of Telomo at Court on February 10, 1582[-83].* After the Peckham trouble, deposed attorney Bett, Brayne seemed not to care for the Theatre, and said if the profits would not redeem the lease, it might go. The breaking up of Leicester's company was the beginning of a readjustment of all the London companies. The principal men who caused this condition by leaving the Theatre were Robert Wilson, the dramatist, Richard Tarleton, the famous comedian, John Laneham, and William Johnson. In March, 1583, with the 4For a list of plays at Court, see the present writer’s Evolution of the English Drama up to Shakespeare (1912), 199-225. IO The First London Theatre II help of Edmond Tylney, Master of the Revels, who assisted in selecting the actors by appointment of her Majesty, a new com- pany was formed around this nucleus, consisting of twelve of the best actors of London, under her Majesty’s patronage, called the Queen’s Servants.® Thereafter they wore her livery and were given the rank of grooms of the chamber—the first instance of such recognition by royalty.® I shall later publish in extenso a license granted by the City to the Queen’s men, dated 28 Novem- ber, 1583, wherein we learn for the first time that the twelve chosen actors were “Roberte Willson, John Dutton, Rychard Tarleton, John Laneham, John Bentley, Thobye Mylles, John Towne, John Synger, Leonell Cooke, John Garland, John Adams, and Wyllyam Johnson,” and that their playing places were to be ° “at the Sygnes of the Bull in Busshoppesgate streete, and the synge of the Bell in gratioustreete and nowheare els win this Cyttye,” for the time being. This company was thereafter the favorite at Court until its dissolution about 1591. Its leader was Robert Wilson, to whom payments for their Court performances were regularly made. The principal rivals of it were the Ad- miral’s and the Chamberlain’s men, at the Curtain and the Theatre, as we now find. It has hitherto been supposed that the Queen’s men acted at the Theatre. No document to that effect is known. The new evi- dence, moreover, indicates that they did not, and that Burbage _was not connected with them. Before the organization of the Queen’s players, Burbage had already taken steps. He was a good organizer, and was not with- out support at Court. Around the remnants of the Leicester’s company still remaining with him after the Peckham trouble of 1582, Burbage appears to have reorganized, under the patronage of Lord Hunsdon, cousin to the Queen. Lord Hunsdon’s players are first heard of at Court at the following Christmas season of 1582-83. Then, in a well known account of the City’s trouble with players in 1584, dated June 18, preserved in Lansdown MSS. 5 See the account in Stowe’s Chronicle (ed. Howes, 1615) under 1583; also contemporary records in Collier, I, 247. fal 12 Charles William Wallace } 41, the Recorder of London reported that “the owner of the Theatre ’—by which he could have meant no one else than Bur- bage—declared he was Lord Hunsdon’s man. The support accorded to Burbage at Court is significant to the next two steps with reference to companies and theatres. It is further stated by Recorder Fleetwood that “ Upon Sonndaye my Lo [2 e., Lord Mayor] fent ij Aldermen to the Court for the fuppreffing and pulling doune of the Theatre and Curten All the LL agreed therevnto faving my Lord Chamberlen [Lord Charles Howard, 1583-85] and m? vizch [Sir Christopher Hatton, 1577- 1602] but we obteyned a Ire to fuppreffe theym all/’”’ Yet no such order was executed. Then on July 4, 1858, Lord Howard was made Lord Admiral, and Lord Hunsden succeeded him in the office of Lord Chamberlain. Within the next three months, it was thought advantageous for Burbage and Brayne to make an alliance with Henry Lanman, proprietor of the Curtain, which stood adjoining to the Theatre property. The notion was, that the Curtain should serve as an “easer”’ to the Theatre, as it was put. Accordingly, as Laneman and others deposed in 1592, an agreement and bonds were signed for a term of seven years, dated Michaelmas, 1585, whereby Burbage and Brayne were to have one-half the profits of the Curtain and Theatre, and Lane- man the other half. Three months later, during the Christmas season of 1585-86, the Lord Chamberlain’s men and the Lord Admiral’s played at Court together. Also, in 1590, as John Allen deposed, the Admiral’s men were under Burbage at the Theatre. It would seem that, from 1583, Lord Hunsdon’s men (called the Lord Chamberlain’s after 1585) acted at the Theatre, and the Admiral’s at the Curtain for about two years, and that in 1585 the two companies and their theatres were united under one management. It is well known that the company with which the Burbages and Shakespeare were associated in and after 1594 was the Lord Chamberlain’s, and it appears now that the beginnings of that illustrious company go back to 1582-83, when Leicester’s company split on the Peckham rock. A further word will be said when we come to the next reorganization of companies as the result of another split at the Theatre in 1590-91. I2 The First London Theatre 13 In 1582-83, Burbage made extensive improvements in the prop- erty. Near the Theatre he built a house for his own use, mainly out of new materials, at a cost of 200/. On the evidence of Ellam and Hudson, carpenters, he either then or some time before repaired the other buildings, shored up the old long barn to the Theatre, grounselled, cross-beamed, dogged together and strengthened it, so that it was fit for use as tenements. He con- verted the barn into eleven tenements, which he rented to poor people at 205. per annum, according to the statement of Giles Allen in Star Chamber, in 1602. That the poor people thus housed were a hardship on the parish, as Allen complained after nearly twenty years of their residence there, one may have leave to doubt, when one remembers that wandering rogues and vaga- bonds previously harbored there. That Burbage improved the old mill-house and other buildings and got considerable rent from them is apparent. The income from the houses probably paid in full the annual rent of 14 /. on the Theatre grounds, leaving Bur- bage his own residence rent-free. The above expenditures on improvements, amounting to about 2201., were in fulfilment of the agreement to spend 200/. on improving the property, besides building the Theatre, within the first ten years, in consideration for which the landlord was to grant a ten-year extension of the lease. But when 1585 came round, and Burbage brought the new lease for Giles Allen to sign, trouble was engendered between them which lasted the rest of Burbage’s life. When Burbage and the scrivener brought Allen the new lease, in the presence of his later witnesses, Philip Baker, John Gold- born, Henry Johnson, and others, he refused to sign it on the ground that it was “not verbatim agreeable with the ould lease,” which Burbage told him was the fault of the scrivener’s, not his. Then Allen wanted time to consider it. Upon Burbage’s refusal ‘or demurrer, Allen said he would take leave. So he pocketed the lease, and never did sign it. A verbatim copy of the 1585 lease, incorporating the substance of the 1576 lease, is preserved in the suit of Allen v. Street, 1600. It closes with a special provision 13 14 Charles William Wallace for Allen and his family to have a “room” or box at the Theatre free to see plays at any or all times according as he might wish. Allen’s real reason for not signing lay in his objection to the playhouse and his desire for more money. He claimed also that Burbage had not spent 200/. in improvements. So on November 20, 1585, Burbage had the property viewed by three experts in building, former workmen there, Bryan Ellam, William Botham, and William Clerke, who estimated his expenditures on buildings, aside from the theatre, at 220/., and so entered and signed their verdict in Burbage’s account-book. Still Allen refused on the evidence to grant the extension. Meanwhile, Burbage made still other improvements, and on July 18, 1586, he had six appraisers value his expenditures, Brian Ellam, John Griggs, William Botham, William Clarke, Thomas Osborne, and Richard Hud- son, all practical builders and later important witnesses, who found he had spent 240/. in the last three to five years. This likewise they entered and signed as their appraisement in Bur- bage’s account book. But Allen remained obdurate. Meantime, Brayne became heavily involved in debt, mainly, it seems, through building the George Inn in White Chapel with Robert Miles, goldsmith, at an expense of 800/. to go0/. as already noticed. He put all his property into the hands of others by deeds of gift to defraud creditors, and absented himself for a time, as also did Miles, so that when the bailiff went to levy on their goods and arrest them, they could not be found. Under this state of affairs, Brayne died in August, 1586, charg- ing Miles with being the cause of his death. In fact, he died from certain “‘stripes”’ Miles had given him, as is brought out in the depositions of Burbage v. Brayne in 1591-92. His will, which it is not necessary to publish, an old one, dated 1578, and proved Aug. 10, 1586, makes no mention of the Theatre. At the suit of the widow and executrix, Margaret Brayne, Miles was tried for murder at the coroner’s inquest. Yet Miles and Brayne had been close friends, and after this event, the widow and Miles were equally close friends even to her death some ten years later, Miles becoming then her sole legatee. Miles claimed that Brayne at death owed him 500/., and the widow declares in her will that 14 The First London Theatre 15 she owed him more than all she possessed and expressed her life- long gratitude to him. After the death of her husband, Margaret Brayne made life at the Theatre during the rest of her existence more exciting than profitable. She received her share from the Curtain for a time, and also from the Theatre for a while. When she had about 301. from the Theatre, Burbage suddenly cut her off from further income in the business, say John Allen, Ralph Miles, John Hyde, and others who took sides later against Burbage. Also, shortly after Brayne’s death, the mortgagee, John Hyde, and his father- in-law George Clough, tried to oust Burbage from the Theatre, and put in Clough. But by something in the agreement with Burbage they could not—even when they falsely represented, as Hyde admits, that Hyde had sold Clough the forfeited lease, and Clough brought or threatened suit against Burbage for possession. Then in the early part of 1587 began a long series of litigations between the widow Brayne and James Burbage. Miles backed her with money, and threatened to spend all he had, if need be, in order to win against Burbage. Also, in 1587, John Gardner died, to whom Brayne had made over some of his property by deed of gift, and the executors likewise sued Burbage. Still he held the fort. In 1588, he in turn sued the widow. And so for the next ten years the contest raged between :them—always with Burbage as victor, supported by the decisions of the Court. Both Burbage and the widow Brayne went to see Hyde again and again in the matter of assigning them the lease. Each wanted it, but Hyde assured them that he would deliver it, not to one of them only, but to both of them, whenever they paid him the rest of the 125/. he had loaned on the Theatre, together with interest. Finally, he said he would wait no longer, and would deliver it to the one who should first pay him. Hyde says that Burbage sundry times wanted him to convey the lease to his son Cuthbert, but Hyde was loth to do it, without the widow’s consent. Yet meanwhile Hyde was, as he admits, planning to sell the lease to his father-in-law Clough and one Middlemore. In June, 1589, Burbage and his son Cuthbert appealed to Walter Cope in the matter. Cope was gentleman usher to the 15 16 Charles William Wallace Lord High Treasurer of England, and in that important post had great influence. He was intimate with every high official of the realm, and later himself became one of the powerful men of Eng- land under James I. Cuthbert Burbage, a young man of only twenty-two years, according to his own deposition, was then and for some years later employed by Cope as his “servant,” prob- ably as clerk in some department of the Treasury. Upon the request of Cuthbert and his father, Walter Cope wrote.a letter to John Hyde suggesting that Cope might be of service to Hyde with the Lord Treasurer sometime, if he would be so good as to convey to Cuthbert Burbage the lease of the Theatre. So Hyde did it. He said afterwards, as Bett testified, that if it had not been for Cope’s letter he would not have sold to Cuthbert, but to Clough and Middlemore, who very much wanted it. It was a close shave for the Burbages—and possibly for the future drama. Cuthbert Burbage entered into this arrangement to save his father from the ruin of debts incurred by him and Brayne. He was sorry afterwards that he did it, for otherwise, he said, he might have used his suit to better purpose for his advancement by Cope, as was done by some of his fellows who had not been in service with Cope so long as he had been. Hyde had owned the lease absolutely, by virtue of the forfeited — mortgage, and held it as his, he declares, during the years after the forfeiture. He had a right therefore, later disputed unsuc- ‘cessfully in the courts, to sell it or otherwise dispose of it at his own pleasure. It was necessary for Cuthbert to borrow most of the money to shoulder the burden. It was proved that the money was either his own or was borrowed by him. How much he paid is not sure. His opposing litigants in 1591-92 claimed it was but 30/., but Hyde himself indicates that it was practically the whole of the 125/., with interest. The lease was accordingly assigned to Cuthbert Burbage and the purchase completed in his name on June 7, 1580, in the presence of Henry Bett, attorney, and others. Still his father continued to manage the Theatre, and the business went on pretty much as before. But the Theatre itself was Cuth- bert’s. And just here, with this infusion of blood, begins the history that brought about the Globe, of which Cuthbert Burbage 16 The First London Theatre £7 was a principal owner until his death in 1636, forty-seven years after this fateful venture. It is the accident rather than the essential that makes careers. And by this circumstance, condi- tions arose which not only shaped the careers of Cuthbert and Richard Burbage, but also made a Shakespeare possible. Meanwhile, the controversy between widow Brayne and James Burbage raged. By Cuthbert’s purchase, he was drawn into it, and then Richard also was made a party to the various suits. On November 4, 1590, the widow had obtained the court’s order for a sequestration of the property, granting her the moiety claimed, until the case could be heard. But on the 13th, Cuth- bert got that order stayed, and was granted instead the Court’s . order for both parties to perform the terms of the arbitrament of 1578—which, of course, he knew was impossible for the widow, and amounted in effect to a decision against her. Never- theless, three days later, November 16, 1590, she and Robert Miles, his son Ralph, and their friend Nicholas Bishop assembled themselves and took a copy of the order to the Theatre to force James Burbage to perform its terms. It was on a play day, just as the people were beginning to come to see the performance. The parties concerned, and others then present, notably John Allen, afterwards related graphic portions of the scene that ensued. When the invaders arrived in the Theatre yard, James Bur- bage put his head out of the window, and a lively exchange of epithets followed. Then Burbage came down. He told Miles that that Court order was but a piece of paper fit for base soilure, and called him a knave and a rascal, and named the widow as “murdering whore.” She and her supporters were determined none the less to carry out their purpose “to ftand at the do™ that goeth vppe to the galleries of the faid Theatre, to take & Receyve for the vfe of the faid Margarett, half the money that fhuld be gyven to come vppe into the faid Gallaries at that do.” By that time, Mrs. Burbage, accompanied by her younger son Richard, then about nineteen or twenty years old, arrived on the scene, and “charged them to go out of her grounde, or elles fhe wold make her fone breake ther knaves heades, and fo hottelie 17 18 Charles William Wallace rayled at them.” She and Richard declared in effect to the Brayne contingent “that yf they did tarye to heare the playe as others did, they fhuld, but to gather any of the money, that was gyven to go vpon, they fhuld not.” The Burbages thereupon, not receiving assent, with violence thrust them from the door, threatening “that yf they departed not from that place, they wold beate them away.” “And fo indede,” one of the beaten enemy, Nicholas Bishop, afterwards related, “ vpon fome wordes vttered by the faid Robert Myles to the faid Burbages wyifhing them to obey the faid Order, the faid Ry. Burbage & his mother fell upon the faid Robert Myles & beate him wt A broome ftaffe calling him murdring knave and other vyle and vnhoneft wordes.” - Then Nicholas Bishop put in a word for the widow, where- upon, as he naively relates, “the faid Ry Burbage fcornfully & difdainfully playing wt this deponen'** Nofe, fayd, that yf he delt in the matter, he wold beate him alfo, and did chalendge the feild of him.” A life-size portrait of the future great actor. About that time, Cuthbert Burbage came home, and with “ great & horrible othes” declared he would keep, against any court order, what he had paid for, and hotly threatened them and bade them get hence. Meanwhile, some of the actors had arrived on the scene. John Alleyn, brother of Edward Alleyn, relates that upon his arrival he “found the forefaid Ry. Burbage the youngeft fone of the faid James Burbage there wt a Broome ftaff in his hand, of whom when this depot afked what fturre was there, he anfwered in laughing phrafe hew they come for A moytie, But quod he (hold- ing vppe the faid broome-{taffe) I have, I think delivered him A moytie wt this & fent them packing.” Another study for a painter with a proper sense of the situation. And the father said that if his sons would be ruled by him, they would the next time provide pistols loaded with powder and hempseed to shoot them in the legs. John Alleyn, though only Burbage’s servant, as he says, also remonstrated in behalf of the widow, and appealed to conscience. Burbage did not exactly bid conscience be condemned nor tell Alleyn in precise words that 18 The First London Theatre 19 “Thus conscience does make cowards of us all,” but he said things that meant as much and swore as Alleyn under- stood, by “God’s blood,” and other great oaths, “that he cared not for any Contempt, & yf there were xx contemptes & as many Iniunccions he wold w'{tand & breake them all before he wold lofe his poffeffion.” Other disturbances were caused by Miles and Margaret Brayne at the Theatre or at the home of the Burbages. James Burbage’s own account of this one differs materially from the accounts by his opponents, and lacks the picturesqueness and piquancy they give it. The above quarrel and John Alleyn’s interference in it led to the withdrawal of the Admiral’s company from the Theatre, of which John and Edward Alleyn were principal members. Eight days after the trouble, namely, on November 24, 1590, John Alleyn went to the Theatre to have a settlement with Burbage for money due to him and his fellows. . His testimony furnishes us the first known evidence that the Admiral’s men acted at the Theatre. Burbage refused to pay the amount claimed, and John then “told him that belike he ment to deale wt them, as he did w' the po’ wydowe,” and threatened that “yf he did, they wold compleyne to ther lorde & M* the lord Admyrall and then,” Alleyn continues, “he in a Rage litle Reverencing his hono™ & eftate, fayd, by a great othe, that he cared not for iij of the beft lordes of them all.” This talk, says Alleyn at the close of his second deposition, was in the tiring room of the Theatre, in the presence of James Tunstall and others of the Admiral’s men,— who then or soon after quitted the Theatre and went across the Thames to Henslowe’s theatres under the management of John and Edward Alleyn. Within a fortnight after the mélée at the playhouse door, and four days after the tiring-house quarrel with John Alleyn, namely, on November 28, the widow Brayne, backed by Miles, had James Burbage and his sons Cuthbert and Richard arrested for contempt of the Court of Chancery’s order, and on January 30 Cuthbert appeared in court to save his bond given thereon to the sheriff of 19 20 Charles William Wallace London. It is around this alleged contempt of November 16, 1590, when the trouble at the theatre door occurred, that the liti- gation of the parties and numerous court orders and depositions centred for the next two or three years. In the midst of the Court’s long investigation, in the latter part of April, 1593, Margaret Brayne died, before a decision was reached. By her will, dated April 8 and proved May 3, 1593, she left all the property she had to Robert Miles as executor and sole legatee, and said that not even that could repay him. She speci- fically bequeathed him the moiety she claimed in the Theatre, and, as a matter of course, he fell heir to the litigation that he had already taken so active a hand in for her. Near the close of the same year 1593, Miles accordingly filed a bill of revivor, and carried the case on till May 28, 1595, when the Court of Chancery hung it up by sending him to the Common Law for relief. That practically ended the case, which had no solid foundation in law or equity, and never would have come into court except for Miles’s spite against Burbage and his determina- tion to back the widow at all costs. Such a case could have no standing in the Common Law, and consequently Miles appears never to have attempted to introduce it there, even after the Chancery’s suggestion to try it. During the long litigation, great question was made as to costs and profits to Burbage and his late partner Brayne. In July, 1591, Burbage again had the property viewed, by Ellam, Hudson, Clerke, and others, as they testified on February 25, 1592, and it was found by the viewers that he had spent 240/. or at least 230/. for new buildings and repairs, aside from the Theatre. Besides, between January 1 and February 25, 1592, Burbage or his son Cuthbert, as Hudson and Ellam, the workmen, testified, had spent 30/. to 40/. in repairs on the Theatre. On September 30, 1591, attorney Henry Bett, of Lincoln’s Inn, deposed that he had often seen and copied out the accounts between Bur- bage and Brayne. Burbage’s books showed expenditures of 220]. for buildings near the Theatre, 230/. for rent and repairs of the Theatre, 220/. 13s. 4d. for bonds, debts, etc., paid since Brayne’s death. One half of all these amounts were due to Burbage from 20 The First London Theatre 25 Brayne. Besides, Brayne’s estate still owed Burbage 135/. IS. received by Brayne out of the Theatre, as acknowledged by a note in Brayne’s own hand. Burbage’s profits were variously estimated. Robert Miles, in his usual exaggerating fashion, estimated in 1592 that Burbage’s half-interest in the Theatre had produced him 2000/1. in the pre- ceding eight or nine years. The estimate of Gyles Allen eight years later, in his Court of Requests Answer in 1600, that Bur- bage had made a profit of 2000/. on the Theatre, is based upon this earlier estimate by Miles, with whom he was bound in a common enmity toward Burbage, and is therefore of no value. Ralph Miles put it at about 100/. a year, and John Alleyn esti- mated it at 100/. to 200 marks a year. Henry Laneman’s state- ment should be most nearly correct. He was proprietor of the Curtain, and from 1585 to 1592 had half the profits of the Theatre and Curtain, and Burbage, or he and Brayne, had the other half. Laneman says that in that period Burbage had received profits of 100 marks to 80/. a year. And there we may leave it. Even at the most extravagant estimate the profit was modest. Eighty pounds a year then would have purchased about the same neces- sities of life as 300/. today. For money then, as I find from an extensive search among original records of prices of the time, contrary to the usual exaggerated supposition, would purchase from 3% to 4 times the same value of necessities as now. No attempt can be made here to disentangle the complicated relations of the various companies and playhouses to each other. Companies shifted greatly. As already observed, the Admiral’s men, headed by John and Edward Alleyn, appear to have with- drawn from the Theatre soon after the events above related. Thereafter, the Burbages and the Alleyns belonged to rival com- panies. The Alleyns united with Henslowe at the Rose and New- ington Butts, where the Admiral’s company, Lord Strange’s com- pany (called in 1593-94 Lord Derby’s), Lord Pembroke’s, and Lord Sussex’s men are heard of in the course of the next few years. It was by these companies of the Henslowe-Alleyn régime that some of Shakespeare’s early plays were acted. Nor is it yet 21 22 Charles William Wallace known that Shakespeare was associated with the Burbages prior to 1594, when, some time after the death of Lord Strange, Earl of Derby, which fell on April 16, 1594, another reorganization of companies was effected. Thereby Edward Alleyn became perma- nent head of the Admiral’s company, and at the same time certain men of the late Lord Derby’s company, namely, William Kempe, Thomas Pope, John Heminges, Augustine Phillipps, and George Bryan, united with Richard Burbage and William Shakespeare in the reorganization or formation of that illustrious permanent company under Lord Hunsdon, known throughout the rest of Elizabeth’s reign as the Lord Chamberlain’s company and there- after for the next forty years as the King’s players. With this company Shakespeare was associated from 1594 to the close of his dramatic career some twenty years later. The first notice of his connection with it is contained in the official record of pay- ment of 20/. by the Treasurer of the Chamber “To William Kempe William Shakefpeare & Richarde Burbage fervauntes to the lorde Chamberleyne” for two comedies acted at Court on December 26 and 28, 1594. According to a letter from Lord Hunsdon to the Lord Mayor in their behalf, October 8, 1594, this company was then acting at the Cross Keys in Gracious street, where James Burbage may have had a company in 1579, when he’ was arrested on his way to a play there, as above noticed. Their principal playhouses after 1594 appear to have been the Theatre and the Curtain up to the close of 1598, when they set about building the Globe. We have the contemporary evidence of John Marston that Romeo and Juliet was acted at the Curtain about 1598. The joint management of the Theatre and the Curtain by the Burbages and Henry Laneman from 1585 to 1592 may have been extended in such way that members of the company owned shares. It is known that at least one of them, Thomas Pope, at the date of his death in 1603, still owned one share in the Curtain, and that even as late as 1623, John Underwood, at his death, owned a share in the Curtain. As the period of Barbage’s lease of the Theatre property was drawing to a close, it became necessary for him to provide for the future. The landlord, Gyles Allen, was not disposed to renew 22 The First London Theatre 23 the lease on any equitable terms. The City’s authorities had from the first been opposed to theatres. From 1417 onwards, their records are strewn with orders against mummings, dis- guisings, maskings, interludes, plays, players, and finally theatres, all of which I hope in due course to publish. They had at all times done what they could to expel the companies from their precincts. At the close of 1595, James Burbage provided against opposition of both landlord and City by purchasing for theatrical purposes, at the rather high price of 600/., a part of an old cloister building in the Blackfriars liberties, almost in the heart of the City, but free from its jurisdiction. The purchase was made probably by Christmas, 1595. The earliest information about Burbage’s purchase and his proposed new theatre is con- tained in a letter from Lord Hunsdon, who was disappointed at not getting a chance at it himself, addressed to Sir William More, the recent owner, under date of January 9, 1596, as published by the present writer in The Evolution of the English Drama up to Shakespeare. The deed was signed a month or so later, Feb- ruary 4, 1596. On the back of the counterpart in the Loseley MSS., signed by James Burbage, is the important note that pos- session was given the same day. Burbage paid only 100/. down. He and his sons Cuthbert and Richard, on the preceding day, February 3, had given their recognizance to George More, son of Sir William, for the other 500/., which I find was paid off in full on July 23, 1597. Then on July 30, 1596, Burbage mort- gaged to Lord Cobham for 28/. a little piece of the property that adjoined Cobham’s mansion, and on October 12 of the same year, he mortgaged all the rest of the grounds and buildings to Edward Vaughan for 200/. This was probably to raise money for making the old priory over into a theatre, which he proceeded almost at once to do. The mortgage to Vaughn was paid in full on March 11, 2 James I (1605). After completing the above transactions in 1596, and only a short time before his death, Burbage took steps to protect his very considerable estate against any possible claims or contin- gencies that might arise, by making a deed of gift to Cuthbert of all his personal property, and another deed of gift of the Black- 23 24 Charles William Wallace friars to his second son, Richard—a transfer which was made much of in Robert Miles’s attack on the estate in 1597, and in Gyles Allen’s great suits against Cuthbert and Richard in 1599 to 1602, and which also, forty years later, caused great suits among Burbage’s grandchildren, with serious but unsubstantiated charges of fraud against Cuthbert and Richard for depriving their mother and their two sisters, Alice and Eleanor, of their due portions. All these and many other new records on the Blackfriars will be published by the present writer in dealing finally with their relations to dramatic and theatrical history. The brief mention here given them is necessary to the under- standing of other matters in hand. Also by the close of the year 1596, shortly before his death, James Burbage and his son ‘Cuthbert had taken up with Allen the question of renewing the lease on the Theatre. Allen was unwilling, and made many objections and excuses. The elder Burbage frankly told him that if the lease were not renewed, he would remove the Theatre and take advantage of Allen’s bond, as one of Allen’s own witnesses, John Goborne, testified on May 23, 1600. Finally, after much delay, a draft of a new lease was drawn up for them by Robert Vigerous, of the Middle Temple, who in 1600 testified to the nature of it. It was agreed, he says, that the lease should extend for another ten years (but Cuthbert Burbage, John Goborne and others on both sides say twenty-one years) at the rent of 24/. a year, an increase of Iol., and the payment of a disputed claim of 30/., all of which Burbage was willing finally to yield to, rather than lose the desired extension. Various witnesses testified that there was then no proposal to limit the use of the Theatre as a playhouse to only five years of the period, with requirement that it should then be converted into some other use, as Allen later claimed. That lease was never completed. James Burbage was engaged in the negotiations and was likewise just in the midst of making the old Blackfriars cloister building over into the second Blackfriars theatre, the one of famous Shakespearean memory, when, in February, 1597, he died. Then came the burden of both the Theatre and the new Blackfriars upon the shoulders of his sons Cuthbert and Richard. 24 The First London Theatre 25 Almost immediately in 1597 Robert Miles, executor and sole legatee of the late Margaret Brayne, unable to make out a suc- cessful case at the Common Law, to which the Court of Chancery had referred him in 1595, brought suit in the Court of Requests against Cuthbert, Richard, and Ellen Burbage, their mother, as administratrix—cunningly joining Gyles Allen with them as co- defendant—claiming a moiety of the Theatre, and charging fraudulent transfer of the estate to the sons to defeat him and other creditors of their dues—a charge made in vain by him and later by others. Miles estimated the value of the goods on which the widow had taken out administration papers to be 1000/., and claimed that 600/. was due to him—all of which may be passed as unreliable. On May 9, 1597, the Court of Requests ordered that his bill should be compared with his bill of revivor of 1593 that was still hung up in Chancery, with the intention of dis- missing it if both dealt with the same matter. But on the 27th of May, Miles’s attorney was able to get an order that the case should be retained and the defendants should be required to file their answers. No further records in the case are extant, but it is apparent on the face of it that the suit could not succeed. With the death of their father, followed two months later, on April 13, 1597, by the expiration of the lease on the Theatre grounds, it grew desperately clear to Cuthbert and Richard Bur- bage that they must have the question of a permanent playhouse settled if they were to maintain the business that had for over twenty years been the support and income of the family. Cuth- bert now took up the interrupted negotiations with Allen, who, with old age and prosperity upon him, was inclined to dictate his own terms, and showed himself of an uncompromising and contentious nature. Allen found new excuses for delay. Cuth- bert wanted to extend the lease for another period of twenty- one years, claiming some right under the former arrangement for an extension. Allen, however, demanded the 30/. which he claimed was still due him for arrearages, required the increased rent of 24/. a year, and made other hard conditions. He drew up the draft of a lease, but Cuthbert refused it as unreasonable in its covenants. Finally Allen yielded, on condition that the 25 26 Charles William Wallace Theatre should be used as a playhouse but five of the twenty-one years, and should then be converted into tenements. This slow and partial consent was wrung from him after some two years of conference. Meanwhile, Allen permitted the continuance of the Theatre by receiving rent therefor in 1597 and 1598. ‘This sort of tenure was precarious. The lessor might on any rent day refuse to accept further payment, and thus close the playhouse. The Bur- bages were continuing simply under his sufferance, and were at his mercy. Allen himself declares in his Star Chamber suit of 1602, that he had intended to tear the Theatre down and convert its materials to his own use. But he kept this purpose secret, and led the Burbages to believe that he would renew the lease, on the terms above stated. Cuthbert long demurred to the exorbi- tant terms, but after many conferences finally agreed, even yield- ing to the heavy condition, related by attorney Vigerous in 1600, of paying a fine or bonus of 100/. for the lease. Accordingly, Cuthbert Burbage prepared a lease, engrossed on parchment and provided with wax ready for sealing, which, from the testimony of Vigerous, he appears to have taken to Allen at his home in the country, at Haseley, Essex. Then at the final conference in London in Michaelmas, 1598, a hitch occurred over security. Cuthbert offered his brother Richard as security for the lease. But Allen “misliked” the notion, and would not accept him. This was only another of Allen’s excuses for not granting the lease. Thereupon, the negotiations were broken off, with some heat on both sides. This final conference took place at the George Inn in Shoreditch,? near the Theatre (not the George Inn of 6 There were several George Inns of London at that time. The one in Shoreditch (a long distance from the one built by Brayne and Miles in Whitechapel) stood near the Theatre on or near Gyles Allen’s estate, and was the place where he stopped whenever he came to town, year after year, to collect his rents. Various depositions, as by Bett, Gascoyne, Hynde, and James on the one in Whitechapel, and by Baker, Goborne, and Johnson on Allen’s frequenting the one in Shoreditch and the con- ferences there held with the Burbages, suffice to prevent confusing the two. See previous note on the voluminous documents relating further to the one in Whitechapel. 26 The First London Theatre a7 Whitechapel, in which Brayne, Burbage, and Miles were in- volved), in the. presence of Allen’s principal witnesses, John Goborne, Henry Johnson, and Thomas Nevill, whom Allen had summoned for the occasion, in Michaelmas term, 1598. “And the Christmas next after,” say both Goborne and Johnson, “the faid Theatre was pulled down and Carried away.” — Documentary declaration of the plans and purposes of the _ Burbages during the weeks that intervened between this final conference and the following Christmas is at present lacking. Their acts alone furnish us with evidence, and these we can read with some understanding from the outcome. After the final conference with Allen, the Burbages had good reason to fear his purposes. Accordingly they decided to antici- pate him, and thus save themselves, by tearing the Theatre down and using its materials elsewhere, as they had before warned him they would do. By a provision in the original lease of April 13, 1576, the lessee had the right, upon certain conditions, to remove the building at pleasure. This they now purposed to do. They could at least save the timbers and use them in setting up a new theatre, if a suitable site could be found. They conferred with some of their associates, notably William Shakespeare, John Heminges, Augustine Phillipps, Thomas Pope, and Will Kempe, and arrangements were made whereby definite plans could be carried out. The story of that enterprise is related by the writer in a separate work presenting the complete history of Shake- speare’s theatres, the Globe and the Blackfriars—on the basis of new documents, several mentioning Shakespeare in connection with the site of the Globe—with some account of the dramas acted there, up to 1642. It was agreed that they should unite in forming an organization, altogether novel in theatrical affairs, whereby they should constitute themselves into a company not only to act plays, but to build and own a theatre on the basis of what is termed in law a joint-tenancy. The Burbage brothers had the materials of the Theatre and their experience to con- tribute. They were willing to furnish half the materials, risk half the expense of building anew, and share half the profits, if these their theatrical associates were willing to undertake the 27 28 Charles William Wallace other half. These five were thus joined with the Burbages in the new venture. It was a rare combination, consisting of the great- est dramatist, the best actors, and the most experienced managers of the time. Neither the Burbages nor their associates can have had much ready money by them, both from the circumstances of the partnership and from the statement of the Burbage family thirty-five years later, that they had to take up the money at” interest, which lay heavy upon them for many years. The young company was fortunate in finding a site for their ° new building. Southwark was the common resort for sports. There bear-baiting, bull-baiting, and other diversions had long been practised. It had become a popular theatrical centre since the building of the Rose there in 1587 by Henslowe, and the Swan in 1594-5 by Langley. On the Bankside just north of Maiden lane, on the same side of the street as the Rose and within stone’s throw to the east of the Rose, lay a waste piece of ground, formerly used as a lay-stall or dumping ground, and this they fixed upon. It had two little old two-room shacks on it. The owner was Sir Nicholas Brend, who was living in the parish of St. Mary Aldermanbury, where both Heminges and young Coudell were living, within a few doors of Shakespeare’s resi- dence at the corner of Monkwell and Silver streets. As every- body knew everybody else in the little parish, we may be sure that Heminges and Shakespeare were acquainted with the lawyer and large landowner, who, being a fellow after his own heart and head, and having accordingly married to suit himself secretly and contrary to his father’s wishes, had at first been disinherited but had finally, by the death of the elder Brend a few months before, just come into possession of a large inheritance. Brend was a member of the Inner Temple, and was most likely present at the Grays Inn performance of The Comedy of Errors by the Bur- bage-Shakespeare company, December 28, 1594, as one of the Templarians, who were invited and present in large numbers. The uninviting lay-stall in Southwark, which had only location to recommend it, was a part of Sir Nicholas Brend’s new pos- sessions, and it is quite likely that his near neighbors, Heminges and Shakespeare, or one of them, opened negotiations with him 28 The First London Theatre 29 for the company. He wanted 14/. 10S. a year for it—only Ios. more than the original rent of the grounds on which the Theatre had been built. So they struck a bargain, and Brend agreed to lease the grounds to the company for twenty-one years, with term to begin on Christmas day, 1598. This arrangement must have been very near Christmas time, for the company at once took possession, although the lease was not made out and signed until after the holidays, February 21, 1599. Having decided to remove the Theatre, and having fixed upon a site for rebuilding it, the company acted quickly. The holiday season, when everybody was making merry, was opportune, for they would less likely be interfered with by the land-owner. Ac- cordingly the Burbages, having employed Peter Street as their superintending carpenter, proceeded with ten or twelve other men on December 28, three days after the beginning of their lease on the new site, to wreck the Theatre. These were all carpenters and laborers, enough to do the work with speed. We are not told whether Shakespeare and the rest were present. Probably they were, for the occasion was important, and promised some excitement. It is not likely that their playing before the Queen two nights before, and their preparation of another Court per- formance for New Year’s night kept them away. Even Mrs. Burbage, mother of Cuthbert and Richard, was there as an inter- ested spectator, and a considerable crowd assembled. The land owner, Gyles Allen, came to town but occasionally from his fine country estate, the manor of Haseley, Essex. But he clearly expected some such action by the Burbages, and so had left a power of attorney with John Goborne, one of his tenants near the Theatre, to stop any action they might take. This rep- resentative and Henry Johnson, who likewise acted for Allen, at once hastened to the scene of operations and ordered them to stop. Perhaps the Burbage faction used a little finesse if not indirection with them, or perhaps Goborne and Johnson used a little indirec- tion afterwards in their depositions, for they claimed that the men in charge explained that they meant only to take the present building down and set it up again on the same grounds—which is manifestly untrue, for both Goborne and Johnson knew person- 29 30 Charles William Wallace ally, as we have seen, that the Burbages had no further lease on those grounds. So the work went ahead, and in a short time they had removed all the timbers across the Thames to the new site just north of Maiden lane in Southwark, thus anticipating Allen in his own purpose to tear the Theatre down and use its materials, who in the Court of Requests suit of 1600 claimed that they took advantage of his absence from town to accomplish their sudden and secret purposes. The whole proceeding was almost as sudden and precipitate and complete as the work of a band of Hallowe’en pixies, and was probably entered into with a similar sense of humor pervading their more serious determination. Then followed great suits at law and equity. Giles Allen im- mediately in the following term, Hilary, 1599, began a suit, first recorded in Easter following, in the Queen’s Bench, nominally against Peter Street, the head carpenter, but in fact against the Burbages, in the course of which the unexecuted lease of 1585, incorporating substantially the original lease of 1576, is quoted verbatim, and the history of the tenure of the property is related from 1576 to 1599. Allen estimated the value of the Theatre at 700 /., and claimed also 800/. damages. In the following January, 1600, Cuthbert Burbage brought suit for relief in the Court of Requests, and that Court stopped Allen’s proceedings in the Queen’s Bench, first by an injunction, April 10, 1600, and finally by decree of October 18, 1600. It was a tremendous suit. The pleadings found by Halliwell-Phillips, and particularly the voluminous depositions unearthed by me and now first printed, furnish a gray background for the history of the new Globe and the Shakespearean drama. Allen lost his case, and by the final decree of October 18, 1600, was forbidden ever again to bring suit on the tearing down of the Theatre. Still Allen persisted. He was of a prominent family, brother ° of the former Lord Mayor of London, and was not to be beaten. Proud, wealthy, defiant, angered at the outcome, and humiliated by Cuthbert Burbage’s having him arrested for contempt of Court during the preceding suit, thus disgracing him in Essex, and binding him over in a bond of 200/., Allen then almost im- mediately after the adverse decision, in the next term, Hilary, 30 The First London Theatre 31 1601, sttied Cuthbert in the Queen’s Bench on the same matter under the subterfuge of breach of agreement. This, too, could not but fail. Allen had a further grudge to square, because Willtam Smith, of Waltham Cross, who had testified in favor of the Burbages in the Requests suit, was, as he claimed, the real prosecutor against him, and had furnished Burbage all the money for carry- ing on the litigation. Still determined on his course of annoyance and possible ruin to the new Globe and the Burbage-Shakespeare company there, Allen next brought suit in the Star Chamber, still on the same matter, but under the shifted charges of riot, perjury, etc. That it likewise failed is sufficiently indicated by Sir Francis Bacon’s opinion upon it, referred to in the demurrer of Hudson and Osborne, June 12, 1602. His charge that Cuth- bert and Richard Burbage had threatened to stab some of his witnesses for testifying in the Requests suit and that by such intimidation he lost that suit, may be taken to be as devoid of fact as his charges of riot, perjury, suborning of witnesses, and forgery of a court record prove to be. The final decree in Star Chamber is lost. This ended Allen’s litigation, and finally closed the long and turbulent history of the first London theatre.’ Just prior to its demolition, the Theatre was not only a bone of contention between lessor and lessee, but was also under ban of the Queen, according to the well-known order of the Privy Council, 28 July, 1597, requiring that it and the Curtain should “be plucked down.” It is noteworthy that this order, unexecuted by the City authorities, to whom it was directed, is the last known notice concerning the Theatre in connection with plays there. The Theatre was closed but not yet torn down when Skialetheia 7 Several other suits involving Giles Allen, the Earl of Rutland, Cuth- bert Burbage, Francis Langley, and others, in the Court of Exchequer, Court of Wards, Star Chamber, étc., relate inter alia to certain property held by Cuthbert in 1597 and later, but they have no bearing upon the Theatre, besides mere location, as presented for example in the depositions of Mary Hobblethwait, Leonard Jackson, John Rowse, etc., extracts from which may be seen in Halliwell-Phillips, Outlines, I, 352-53. Those of any importance on the subject will find their due place in the final presentation. 31 32 Charles William Wallace was entered on the Stationer’s Register for publication, Septem- ber 15, 1598, and is there mentioned thus: “cc : J : ; but see yonder One, like the unfrequented Theatre, Walks in dark silence and vast solitude.” Moreover, as already mentioned, according to John Marston’s Scourge of Villainy, Satire XI, entered September 8, 1598, a week earlier than Skialetheia, the Burbage-Shakespeare company was about that time acting Romeo and Julict, not at the Theatre, but at the Curtain, which likewise had not been “ plucked down’ according to order. Here the company probably remained until the completion of the Globe, about the following May, 1599, according to a record I have found mentioning it, in connection with Shakespeare, as “ de novo edificata.” The important new state of affairs, whereby Cuthbert and Richard Burbage on the one side and Shakespeare, Heminges, Phillipps, Pope, and Kempe on the other were formed into a com- pany that should endure to the end of their lives, swinging the drama during the next fifteen years into the highest prominence ever attained in the world, and opening up a history that will be read with interest to the end of time, claims our full attention in certain other works on Shakespeare and his theatre, to which the present collection of records forms the gray background. Had the Brayne-Miles contention succeeded, the new company would not have come into being, and if Allen’s legal onslaughts on the Burbages had not failed, their company must have suffered great danger if not ruin. The changed tone of the dramatic products of Shakespeare and his associated actors fairly synchronizes with the business diffi- culties in their new enterprise—the wasteful, vicious suits of Allen, the almost immediate withdrawal of Kempe in 1599, the restrictions upon their acting, the successful rivalry of the children actors under the Queen’s patronage, the Essex conspiracy of 1601 in which they were involved, and death that took off two of their number, in 1603 and 1605. The thought of possible disruption of a life-enterprise could not have been the least of cares that 32 The First London Theatre 33 weighed upon Shakespeare and his fellows. The ominous note struck that shuddered through their lives, and the sharp heel of tragedy trod loud across the boards of the Globe. Not less than the rest but more sensitively, perhaps, did Shakespeare feel it, and he recorded the common tragic sense that was upon them all in the very themes chosen for enactment. Prior to the Globe enter- prise, his plays had been on the sunnier side. Henry V, the first new play at the Globe, was the last clear note of untrammeled life for many years. Then came the treachery and misguided states- manship in Julius Caesar, the vanquishing of idealism in the play of Hamlet, and the whole series of tragic interruptions of noble aspirations in the plays that range down the years to those more placid days when, about 1608-9, doubt and discord and threatened disaster were safely weathered. The following documents, aside from the history they hold, show in this regard some of the mere business conditions that made Shakespeare possible, and some of the difficulties that wrought in him supreme achievement. The materials for a history of the Shakespearean theatre and drama grow apace. After the labors of Malone, Chalmers, Col- lier, and Halliwell-Phillips in their life-long searches for docu- mentary evidences, it was gradually thought that the end was reached. The field long lay almost fallow, until about ten years ago, when the present writer took it up, with the result that vast new sources have been opened that enrich dramatic and theatrical history. Today no department of research is looked to with larger expectations. By the encouragement of the better sort, in spite of annoyances from a narrow circle, the scholar’s dream of bring- ing all these materials into a complete corpus may be realized. I am glad to be the inspirer of scholarly research, and have given help freely to many worthy students, whose work I heartily wel- come. But my researches have unfortunately attracted also another sort, an envious few, who find out by one means or another what records I have examined or am having prepared for examination, and then proceed to “discover” a document here and there for hasty publication. Such but hinder scholarship, divide and confuse the public. It is easy for them to “leaf” 33 34 Charles Wiliam Wallace through a set of records when once the way is pointed out either publicly or privately. It is but fair, therefore, to other scholars as well as to myself to say that the field I have opened is now fairly worked out. There remain, of course, innumerable details to complete, and the slow process of correlating and presenting the materials in permanent and useful form. On a conservative estimate, ap- proximately three million records have been searched under my direction, in public, private, and municipal archives. Most of these had not previously been examined. I have reasons to be- lieve that I have now reached all documents of first importance in the public archives and among the London City records for the Tudor-Stuart period of stage-history. The more varied and in- teresting field of private, provincial, and continental archives, which should yield valuable results, invites earnest students, to whom I shall be glad to give help and encouragement. This announcement of the state of research will prevent any duplica- tion of results by others, and should enable any investigator to choose a line of direction that will not lead him into conflict with work thus done and now preparing for publication. I shall be pleased to give information to any scholar who is engaged in a serious piece of work contributive to knowledge in this department of research. The present collection of records on the Theatre is a fair example of some of the materials gathered for publication on other Shakespearean theatres, as the Globe, Blackfriars, White- friars, Swan, Fortune, Hope, Red Bull, Cockpit, Salisbury Court, etc. Others already published by the present writer, relating to theatres, dramatists, etc., may be seen in University Studies for 1905, on Shakespeare; 1908, on The Children of the Chapel at Blackfriars 1597-1603; 1909, Three London Theatres of Shake- Speare’s Time (twenty-eight documents on Red Bull, Fortune, and Bear Garden) ; 1910-11, Shakespeare and his London Asso- ciates (fifty-six documents). Others may be seen in Globe Theatre Apparel, Taylor v. Heminges (privately printed, August, 1909); The Times, London, October 2 and 4, 1909, on Shake- Speare and the Globe (the Ostler-Heminges documents) ; The 34 The First London Theatre 35 Times, March 28, 1913, A London Pageant of Shakespeare’s Time (with Burbage and Rice as speakers and Anthony Munday as author, from the City archives); Harpers Magazine, March, 1910, on a signed deposition by Shakespeare, and his life in Lon- don; Century Magazine, August and September, 1910, on Shake- speare’s Globe and Blackfriars; Shakespeare-Jahrbuch, 1910, on Gervase Markham, Dramatist, and thirty-nine defendants, chiefly actors; Keyzar v. Burbage (privately printed, 1910) ; Englische Studien, 1911, on the Swan, Jonson, Nash, etc. (with bibliography of documents published from the Court of Requests, p. 344) ; and especially The Evolution of the English Drama up to Shake- Speare, a volume dealing with over 500 records (Berlin, 1912). The principal documents in the present collection are the voluminous depositions, which bring us into intimate touch with the people and events they deal with in connection with the Theatre. These were discovered by the writer and his devoted wife a few years ago in the course of a complete search of the proceedings of the Court of Requests, and the equally unknown Town Depositions of Chancery. The uncalendared records of these two enormous classes for the period of my research, in the reigns of Elizabeth, James I, and Charles I, had not before been examined since they were filed away three centuries ago, and were prepared for inspection at my request. Such materials as they contain in any way elucidating the history of the drama and stage, and of dramatists and actors, I now have and shall in due course publish, as soon as the task can be completed of bringing together the results with all related matters from various other original sources in a permanently useful form. The complete series of documents arising out of the trouble in different courts over the two events of building the Theatre in 1576 and of tearing it down in 15098 here follow. CHRONOLOGICAL ARRANGEMENT OF DOCUMENTS [The documents are printed in the following chronological order. None have previously been published in extenso, with the exception of five court orders printed by Collier. Documents hitherto known are indicated in head-notes or foot-notes. Those belonging to the present writer’s a3 36 Charles Wiliam Wallace researches are here marked with an asterisk (*). The total list comprises ninety-nine documents, some of them grouped in sets, according as the originals are fastened together or separate. With reference to other documents, see Introductory Survey.] *1588, Burbage v. Braine, Chancery, Bill and Answer, on agreements between Burbage and Braine, concerning the “‘Thedttes:.:./. 5.5 ciao daendem brane bee penetra *1T 588-9, Feb. 17, Court order referring bill and insuthetent demurrer to. DreGarew pis «ce tous oe Sasa Seer *1590, May 21, Court order referring case to Dr. Caesar; head-note’ on ctoss-pilly sos 22 sce Sat ets are *1590, Nov. 4, Court order on sequestration of the Theatre. . *t590, Nov. 13, Court order to stay sequestration and fulfil abitramient 42,22 sya stn imodhabere 2 eerie cae kate ae eee *1590, Nov. 28, Robert Miles’s affidavit, on contempt by the Bir Pages i. 3b 3a sl beace re hes ae carne eereaee ie eee *1590-91, Jan. 30, Personal appearance of Cuthbert Burbage OME DOME. “3 oo) ao kanes! he eae whee seer ieee ee ale ee *1590, Dec. 8, Brayne v. Burbage. Depositions ex parte Bur- bage by John Hyde and George Clough............. *1 590-91, Feb. 16, Brayne v. Burbage. Depositions by James and Cuthbert Burbage on charge of Contempt....... 1590-91, March 23, Brayne v. Burbage. Court order, re- ferring above depositions on Contempt to Dr. Caesar. . 1591, April 24, Burbage v. Brayne. Defendant’s demurrer referred to Dr. Catew: s 4 x: opto ety eee *T591, June 15, Burbage v. Brayne. Widow’s demurrer re- ferred to, Dry Carew (ace aa aiees oe eae eee 1591, July 20, Brayne v. Burbage. Court order transferring consideration of depositions on contempt from Dr. Caesar -to Drone: soi 6c pee see eee *1591, October 12, Brayne v. Burbage. Hone reported; case now referred to Dr. Legg and Dr. Stanhope......... *1591, Nov. 13, Brayne v. Burbage. Dr. Legg and Dr. Stan- hope report they must examine John Hyde and Ralph Miles on the Cause, and Nicholas Bishop and John 36 PAGE 39 46 46 47 48 49 49 50 57 64 64 65 66 66 The First London Theatre Allein on the contempt. Whole case re-referred to Legg and Stanhope, to try out in full. Hence case in their hands and they examined many witnesses...... *1591, Sept. 30, to 1592, Feb. 25, Brayne v. Burbage. Depo- sitions ex parte Burbage by Henry Bett, Gyles Allen, Brian Ellam, Richard Hudson, William Clerke...... *I5Q1, Sept. 30, to 1592, July 24, Burbage v. Brayne. Depo- sitions ex parte Burbage by Henry Bett, Ellen Gas- Forman ann Lynde Walliams faines 2 a6)... fede wim Se esesta eunle eee *1600, April 22, Court order, on injunction, examination of witnesses, and the hearing of the cause............. *1600, April 26, Depositions ex parte Allen, by Philip Baker, John: Gobotne, ‘Henry Jonnsoni..55'0. 23 > se wera ~ *1600, May 15, Depositions ex parte Burbage, by Richard Hudson, Thomas Bromfield, Thomas Osborne, Wil- liam Furnis, William Smythe, Randolph May, Oliver ALOE Se SAN 5. a tks Get doe, a8 n'elin'g © we ee ape Map ee ee *1600, May 23, Depositions in Burbage’s cross-examination of Allen’s witnesses, Henry Johnson and John MOUS sion ales Pyracd ob 4s Fb eee Come Ree eee *1600, June 2, Affidavit of Allen as to additional witnesses. . *1600, June 11, Affidavit of Cuthbert Burbage that Allen has broken court order of May 31, by causing the Com- mon Law suit against Street to be joined up......... *1600, June 11, Order of Sir Julius Caesar, Master in Re- quests, Ier-arrast of Allens >... 15. 465% aint ore 1600, August 14, Country depositions at Kelvedon, Essex, ex parte Allen by Robert Vigerous and Thomas Ne- AL Ss pig oe ep sn os esa Saco (b se Wea mind ce ok *1600, Oct. 1, Depositions ex parte Allen by Robert Miles and: Bale PIMEs hao. ete a pais ore ye ee *1600, Oct: .0,- Appearante of Allens... 2.92.3 cess eee 1601, Jan—Feb., to 1602, summer. Allen v. Burbage, Court of Queen’s Bench, on breach of agreement, recount- ing much of the history of the Theatre, with part of lease Of LG7OI oy tee 5 hans erie aes oa Ce 1602, Allen v. Burbage and others, Court of Star Chamber, Bill, and three Answers, on tearing down the Theatre, *1602, Allen v. Burbage and others, Court of Star Chamber, examination of Richard Lane, deputy register of 38 181 205 205 206 223 243 251 252 252 253 259 266 267 275 The First London Theatre 39 the Court of Requests, on the previous suit of 1600 MAM MURS RG RCN ES PT Sad Wate ws ae 's she wide dl aah 290 [Note—In printing the documents, signs of contraction are expanded into italics. Where no sign of contraction occurs, the shortened form is retained, except in the case of Latin documents, which are expanded in full, the Roman type showing in all cases what letters stood in the original. There is, therefore, no uniformity in spellings or expansions. The transcripts have been carefully proof-read against the originals before putting them into type, and the correction of the printed proofs has been generously carried through by the Editor of the Studies, during my absence in Europe. The object has been to be faithful to the originals in word and letter, and thus to make this publication of the documents of lasting value. ] BURBAGE V. BRAYNE Chancery Proceedings, Series II, 222/83. [Bill and Demurrer. Date at upper left-hand corner of Bill all decayed away, except the final “8” and the right edge of the “8” just before it, giving the date as 1588. As the first order of the Court was in Hilary (February 17), 1588-9, the suit was filed in the preceding term of Michaelmas, 1588. The entire left third of the Bill and the left half of the Demurrer rotted away. Officially repaired at my request, 1908. (See further, note at close of Demurrer.) Bill originally ‘about 22 inches wide and 17 inches long; Demurrer originally about 15 X 9. In the following transcript, the first number inserted within the brackets indicates the line; the second number, the approximate number of inches missing at the beginning of that line.] BILL [158]8 To the right Honorable St Xpofer Hatton Knight Lord Chancellor of England [Humblie complaining fheweth] to yo™ good Lordfhipp James Burbedge of [Hallywell] in [Shordiche Crypple gate London] gentleman Cutbert Rychard Alce and Ellen Burbedge the Chil- dren of the faid James and Ellen his wief That wher yor faid Orator [James Burbage was poffeffed of a leafe granted by] 39 40 Charles William Wallace one Giles Allen gent in or about the xviij yere of the Reigne of the Queenes moft Excellent Mat that now ys of and in certaine decayed Barnes vacant ground and garden plottes fcituat & [being in Hallywell in Shordiche aforefaid for a] terme of Certeyn yeres yet [to endure] for [a yearly] rent of xiv! to be quarterly paied and in the faid Leafe did promyfe and Covenante to and w'® the faid Giles Allen to build in & vpon the demifed [prem- iffes 4—3] buildings for Tenementes to be errected vpon the premiffes the fome of two hundrethe poundes and the fame to be done and fynifhed by a certain tyme [5—9] for the Accom- plifhmt wherof the faid James yo" faid Orator was conftrayned to borrowe dyvers fomes of monye and to impawne his faid [leafe 6—8] buildinge and erectinge of a plaie howfe or Theatre & other the buildings for Tenementes as is aforefaid. The w™ one John Brayne Late of White [Chappel 7—9] he practifed to obteyne fome intereft therin, prefumynge that he might eafelie compafe the fame by reafon that he was naturall brother [to your faid Orators wife 8—9g] diuers fomes of monye) he made meanes to yo’ faid Orator James Burbedge, that he might haue the Moietie of the aboue named Theatre & [9—9] that in confidera- cion therof he would not only beare and paie haluf the chardges of the faid buildinges then beftoed & therafter to be beftoed [10—9] yo" Orato™ aforfaid her Children fhuld haue the fame Moietie fo to him to be conveyed and affured, making femblaunce that his induftrie was [11—9] children of his fifter as is aforfaid/ Whervpon yo" faid Orator James Burbedge did become bound to the faid Braine in 400% [12—9] effect That yo" faid Orator fhuld at the requeft of the faid John Braine his executo™ or affignes convey to him the faid John Braine his [executors or affigns 13—9] to be errected vpon the premiffes demyfed by the faid Giles Allen to yo" faid Orator/ w futch Covenantes and warranties as yo™ Orator might [14—9] Leafe made by the faid Giles Allen was then or therafter fhuld be chardged w by any acte then done or therafter to be done by yo" [faid Orator 15—9] monye borrowed by yor faid Orator as by the fame obligacion and condicion more at Lardge yt doth and may appere./ And after the [16—9] amountinge vnto exceedinge chardges about the faid 40 The First London Theatre AI buildinges then of habilletie to fupport the fame and havinge gotten yo" faid Orator to be bound [17—9] to redeeme the faid Leafe nor had wherw™ to procied in thofe manner of buildinges wherein he had procured yo" Orator to enter into [18—9] chardge any fomes of monye growen due for the faid buildinges nor paie the Moietie of the rent aforfaid but w‘" yo™ Orato" monye the profittes [19—9] welth of the faid Brayne before, beinge con- ferred and weyed w" the coftes vpon the faid Inn by him beftoed after yt manyfeftlie appered And [20—8] and fynifhinge of the faid buildinges to his gret hinderaunce as is well to be proved. And after for that yo" faid Orator James Burbedge had no bond [21—8] foe by him to be receved out of the premiffes from thenfforthe vpon the faid buildinges & maintenance therof he the faid Brayn and the faid James Burbedge yo" [faid Orator 22—7] ~ Arbitrem' of certaine Arbitrato™ who thervpon according to the™ faid fubmiffion did delyver vp An Award or Arbitrem' in wright- ing, dated about the [xx‘"] yere [23—7] John Braine fhuld not be comprifed win the compafe of the faid Arbitrement but that afwell by force therof as by vertue of the faid Arbitrem* yo" faid Orator [24—7] Theatre and buildinges and of the Moietie of the profittes therof whenfoeuer the faid Braines would demaund the fame w™ futch exceptione of Actes as is aforfaid [25—7 with| w Arbitrem* yo" faid Orator did content himfealf and did permitt and fuffer the faid John Braine to receve the moietie of the profittes of the faid Theatre and [26—7] one his parte. But the faid John Braine being a verie fubtell perfone and confeder- ating him fealfe w one Robert Myles of London Gouldimithe Tomfone of [27—7] thei might impouerifhe yo" faid Orato" and to depryve him of his intereft and tearme for yeres in the faid Theatre and buildinges and to bring him into the daunger [28—7] fame he the faid Braine not meaning to gyve the faid Moietie nor his intereft therin to yo" faid Orato" the Children aforfaid nor the Leafe of the faid Geordge [29—6] the Moietie of the profittes of the premiffes as is aforfaid the w promife was made afwell before as after the faid Arbitremt made as is aforfaid. but practifing to depryve [30—6] againe made a deed of gift to the faid Tomfon and therby did gyve and graunt to him all: his 41 42 Charles William Wallace goodes & chattels wherof he was then or therafter fhuld be poffeffed. wherby yo™ [31—6] for the Recoverie of the bond of 200'! to hym forfeited by the faid Braine for the not performynge of the faid Arbitrem' nor to levie the fame out of his goodes & chattells [32—6] againft the bodie of the faid Braine for the fame the w during his lief he was Loathe to do for that he was his brother in Lawe as is aforfaide. The benefitt [33—6] the faid Tomfone, the faid Braine for the mayntenance of his faid frawde & devices procured the executo™ or adminiftrato™ of the {aid Tomfone to conveye to the faid Robert [34—6] fo graunted to the faid Tomfone by the faid Braine w the Leafe of the faid Inn called the Geordg alfo at his owen deathe or not longe before he fearinge [35—-6] ample conveyaunce of all his goodes & Chattells w he then had to the faid John Gardiner & to others to the intent that he or thei by force therof fhuld or might enter into [36—6] or other the premiffes or that the faid Myles by vertue of the fame deed of gift made to the faid Tomfone fhuld chal- lendge or demaunde the fame or to incurr the daunger [37—6] in the tyme of his ficknes & not longe before his death promifed confeffed and agreed w yo" faid Orator James Burbedge and his faid wief in the prefence [38—6] of the faid Myles That afwell the Moietie of the premiffes and all matters whatfoever concerning the faid Theatre and buildinges and his moietie therin to be affured & [39—6] had receved of & by the premiffes as namelie the Leafe of the George in Whitechappell were and fhuld be and remaine yf he died (for that he had no children and for [40—6] premiffes) to yo" Orato™ the Children aforfaid whofe advauncemt he then feemed gretlie to tender And further promifed to yo" faid Orato" that his faid bondes fhuld be [41—6] of yo" faid Orator James Burbedge. And after the faid John Braine died in A° 1586. by meanes wherof Now So yt ys yf it may pleafe yo™ Honor the [42—6] adminiftracion of the goods of her faid Late hufband the w® fhe practifed then to haue) by the faid John Gardener and Robert Myles by reafone y* thei claymed the fame goodes & chattells [43—6] conveyaunces) vnder the cullor of a will fuppofed to be made by the faid Braine longe before the faid conveyaunces fo made to the faid gardiner 42 The First London Theatre 43 and Tomfon, the w™ is fuppofed to be rafed [44—6] that any futch will fhuld be maynteyned or produced. yet by vertue therof and being therin nominated to be executo™ to her faid hufband/ fhe now as executor goethe about to arreft yo" faid [45—6] pre- tending that he did not performe the faid Arbitremt (as in truthe he did) and for the faid bond of 400" pretending that yo™ Orato™ hath alfo forfeited the fame as in truthe he hath not. And [47—6]| faid hufband denying that her faid hufband made any futch promiffes as is aforfaid ether for the cancelling or conveying of the premiffes to yo" orators aforfaid And the faid Robert Myles by [48—6] then to fue yo" faid Orato™ James burbedge for the faid bondes but hath entered into and vpon the faid Theatre & buildinges & troublethe yo™ Orators & his tenantes in the™ peaceable poffeffion [49—6] bothe the yffues & profittes therof by vertue of the Conveyaunces made to him therof. And the Adminiftrato"™ of the faid John Gardener who deceafed in A° 1587 to whom the faid bond [50—6] made to the faid Gardener demaunde & go about to fue yo" faid Orato™ James burbedge for the faid two feuerall bondes. And amongeit them by reafone of multiplicitie of [51—6] ther conveyaunces, & fomtyme denying the fame to be good) thei do all ioyne together to imprifone yo" faid Orato™ James burbedge therby to enforce him to yeld to ther requeftes And [52—6] imperti- nent accions only to procure him to gret chardges & to his im- poverifhem' for euer, the rather becaufe by thes devices he can not haue the faid 200% due to him by the faid [53—7] Braine. In tender confideracione of the premiffes And for that the faid Margarett Braine Robert Myles and Gardiner the Adminiftrato™ of the faid John Gardner [54—7] faid Leafe fo being mortgaged & forfeited as is aforfaid and haue the faid Leafe to them reconveyed, do now demaunde the fame moietie & will not permitt the Children aforfaid [55—7] all the faid. promiffes the w now yo" faid Orato™ are vnhable to do by reafone that the fame promiffes were done in fecrett & in the prefence only of the faid Robert [56—7] or gone beyond the feas fo that yo™ Orato" can not haue ther Teftemonye in the premiffes by w*" meanes yo" faid Orato" James Burbedge is w“out [57—7] 43 44 Charles William Wallace the faid bondes or to enforce them to cancell the fame nor the children aforfaid by the ordinarie courfe of the common Lawe aforfaid can not procure the [58—7] the premiffes fo promifed to them by the faid John Braine. the w™ to do the faid Braine was bound in confcienc to foe performed and that the faid bondes fhuld [59—7] done by the faide John Braine & by yor faid Orato" James burbedge ioynctlie in contradiction of the matters con- teyned in the faid bond & Arbitrem* fo [60—7] not be performed yf thei or any of them had lawfull intereft therin/ as thei haue not. May it therfor pleafe yo" Honor to graunt to yo" faid [61—7] directed to the faid Margarett Braine Robert Myles & Gardener commaunding them and everie of them perfonallie to appere in the Court of Chancerie [62—6] then and ther to make aunfwer to the premiffes And further to com- mand the faid Margaret Braine Robert Myles & Gardener to [63—7] other the" faid Conveyaunces fo to them made only to perturbe yo" faid Orators as is aforfaid, to the end the fame may be then [64—7] and abide such further order as to yo™ honor fhalbe thought to agree w™ equitie & confcienc. And all yo" faid [65—7] in all felicetie. ffraunces Morgan __ [attorney] ANSWER AND DEMURRER [Date and whole left half of this skin mouldered away] [The Joint and feveral aunfwere & demurrer of] Margaret Brayne wydowe and Robt [ Myles twoe of the defendantes to the Bill of ] Complainte of James Burbeidge and other [ ] [1—7]| the faid Bill of Complainte is very vntrue and infuffi- cyent in the [2—7] contryued of fet purpofe to put the faid def** to wrongffull [3—7] that he the faid Complaynant might fhadowe his bad and vnconfcionable [4—7] defend'*s fhalbe Compelled to make any ffurther Aunfwere to [5—7] and infufficyency therof nowe and at all tymes [6—7] faieth that the faid Compl‘ in ther 44 The First London Theatre 45 tedious and vntrue bill do [7—6] faid Gyles Allen vnto the faid Complaynantes neither what [8—6] vnto the faid Complayantes as in the faid Bill is alfo fet downe [9—6] Certaine date or tyme of any fuch bonde wherein he and [10—6] hundreth poundes to abyed a Certaine awarde and arbitrament [11—6] when they yeelded vpp any fuch arbitrament. And ffurther fetteth [12—6] w® this deft Robert Myles, and John gardyner who is not nowe [13—6] neither doth the faid Comp! fet fforth any fufficyent Con- fideracion [14—6] of the faid leaffes in the faid Bill mencyoned vpon the Children of the [15—-6] The faid Margaret Braine the other defendant beinge his wief wout [16—6] and divers other in the faid Bill mencyoned over tedyous to be Recyted. The [17—6] of this honorable Courte yf they or either of them fhalbe Compelled [18—6] fufficyent bill. And for the infufficiency therof thei pray to be difmyffed owt of this honorable Courte [19—6] wrongfully fufteyned Scott [attorney] [The preceding Bill and Demurrer, in a badly damaged state, were dis- covered by me among the Chancery Proceedings at the Public Record Office in the summer of 1908, and on August 7, while still registered as “kept out” on my name, they were sent to the official in charge of the Repairing department. Before they got back to me, about a fortnight later, a Mrs. Stopes learned of their existence, and applied for them. (The dates of these events, I may say, are recorded in the official registers of the Public Record Office.) I informed her at once that they were still at the Repairing department on my name, told her their contents, since she was curious to know, referred her to the court orders connected with them, and gave her my purpose of complete publication in extenso. Fortunately for scholarship, I did not tell her of the more important records, the voluminous depositions. Her assumed “discovery” of the Bill, Demurrer, and some of the court orders, later referred to in her amateurish first effort at theatrical history in the Fortnightly Review, July, 1900, is only one of several “coincidences,” some of them of a graver nature, that have occurred during the last few years since I opened this field of research, as mentioned in the Introductory Survey.] 45 46 Charles William Wallace BURBAGE V. BRAYNE Chancery, Decrees and Orders, 30 & 31 Elizabeth, Hilary, vol. 1588 “A,” 485; also 1588 “ B,” 449. xvij° die ffebruarij [1588-9] James Burbage and others | fforafmuche as this Courte was this —— p'tes Margaret Brayne | prefent daye informed on the p!* widowe Robte Miles and { behalf that the def’ haue put in a John Gardyner def'®* very infuffycient demurrer to the p'*: bill of complainte w™out fhew- ing any good or fuffycient caufe therof It ys therefore ordered that the confideracion of the faid bill and demurrer be referred to m™ D™ Carewe one of the M*™ of this Courte To thend he may Reporte vnto this courte whether the fame demurrer be fuffycient or not, if not Then a Subpoena ys awarded againft the deft** w*out further mocion to anfwere directly to the p'* bill of Comp! and to all the materyall pointes thereof And the defends Attorney ys to be warned hereof BRAYNE V. BURBAGE. Chancery Decrees and Orders, vol. 1589 “ A,’ 610; also in 1589 “B,” 507. Easter, 32 Elizabeth (1590). [While Dr. Carew was carrying out the order of February 17, 1588-9, in the case of Burbage v. Brayne, a cross-bill was filed by the widow and Myles, to which the Burbages filed a demurrer. Unfortunately, both bill and demurrer in this suit of Brayne v. Burbage are missing, but the Court’s orders are preserved. Both cases run parallel, and were taken together by the Court. Hence we have orders and depositions from this date on to the death of the widow in 1593, sometimes under the title of Burbage v. Brayne, sometimes under Brayne v. Burbage. ] xxj° die Maij [1590] Margaret Brayne p! James | fforafmuchas this Courte was this Burbage Cuthbert Burbage | prefent day informed on the de- and Richard Burbage de- { fends behalf that the def‘** haue dend* put in an Jnfufycient demurrer to the p'* bill of complainte wout 46 The First London Theatre 47 fhewinge any good or fuffycient cawfes thereof It ys therefore ordered that the confideracion of the faid bill and demurrer be Referred to M* Dt Cefarr one of the M": of this courte To thend he may Reporte vnto this Courte whether the fame demurrer be fuffycient or not If not then a Swbpoena ys awarded against the def‘*s to aunfwere directly to the p'® bill of complainte and to all the materyall pointes thereof. And the def‘* Attorney ys to be warned when the premefis fhalbe confidered of BRAYNE UV. BURBAGE Chancery Decrees and Orders, vol. 1590 “A,” 109; also in 1590 “B,” 113. Michaelmas, 32 & 33 Elizabeth (1590). Mercurij iiijt0 die Novembris [1590] Margaret Braynes exec of ) fforafmucheas this courte was this John Braynes deceaffed p'| prefent daye enformed by Mr" Scott James Burbage and Rich- ¢ being of the p!** Councell That fhee ard & Cuthbert Burbage | havinge exhibited A bill into this deftes Co™ against the deft for and con- cernyng the moyety of the Theater and other tenementes w ‘the faid James Burbage was by an agreem’ had betwene him and the p'®* late hufbande to affigne to thexecuto™ adminiftrato™s or affignes of her faid hufband and to fuffer him and them to enioye yt for and duringe the whole terme to come in a leafe made of the faid Theate™ or of the grounde wherevpon yt ftandes and of other the premiffes to the faid James Burbage by one Gyles Allyn He the faid James Bur- bage hathe not only put in an yll demurrer to that bill w hathe bene overruled by order of this co™ But alfo dothe by himfelf & thother def‘** take awaye the whole gayne and benyfytt of the faide Theate™ and other premiffes from the p' Albeyt fhee and her hufband haue bene at very greate charges in buylding thereof to the fome of vj C! and did for A tyme enioye the moyety of the premiffes accordinge to the trewe meanynge of the faid agreem' It ys therefore ordered That yf the def‘ fhall not by this daye fenight fhewe vnto this courte good caufe to the con- 47 48 Charles Wiliam Wallace trary Then A Sequestracion fhalbe graunted of the moyety of all the yffues and profyttes of the premiffes vntill the matter fhalbe here heard and determyned or otherwife ordered by this co™ [The above order was first printed by J. P. Collier, modernized through- out, in his Memoirs of the Principal Actors (Shakespeare Society, 1846), p. 8.] BRAYNE UV. BURBAGE Chancery Decrees and Orders, vol. 1590 “A,” 145; also m 1590 “B,” 150. Michaelmas, 32 & 33 Elizabeth (1590). Veneris xiij° die Novembris [1590] Margaret Brayne wid p!) fforafmucheas vpon the openynge James Burbage Cutberd } of the matter this prefent daye by Burbage and others def | M* Stieaunt Harrys beinge of the deft*® Councell and feakinge for {taye of A fequeftracion prayed by a former order on the p'* behalf and alfo vpon the hearinge of M Scott beinge of the p'** councell what he could faye touching the caufe It feemed vnto this co™ That there was an Arbytrament heretofore made betwene the p'** late hufband & the faid James Burbage the xij daye of July in the xx™ yere [1578] of her Mates Raigne by one Richard Turnor & John Hill touching the fame matter w°" ys nowe agayne brought in queftion And that nether of the partyes did nowe fhewe any fuffycyent caufe where- fore the fame Arbytramt or awarde fhould not be performed It ys therefore ordered That the faid award or Arbytram* fhalbe well and truly obferved and performed accordinge to the teno™ & trewe meanynge thereof Afwell by the p! and all claymyng from by or vnder her As alfo by the deft** and euery of them and all claymynge from by or vnder them or any of them And the faid order for fequeftracion fhalbe ftayed [The preceding order caused a tremendous row at the Theatre, and gave occasion for many of the later depositions in the case. Three days after the order, namely, on Nov. 16, 1590, Margaret Braynes, Robert Myles, his son Ralph, and Nicholas Bishop went with this order to the Theatre, 48 The First London Theatre 49 and attempted to stand at the door and take the money for entrance to the play. But Richard Burbage and his mother beat Myles off with a broom-staff, and drove them all away, after a furious quarrel by all parties concerned. Then, a fortnight later, Myles and his faction had the Burbages up for contempt of Court, as shown in the next order. The whole story is told with graphic details'in the course of the numerous depositions. ] BRAYNE VU, BURBAGE Chancery Decrees and Orders, vol. 1590 “ A,” 270; also in 1590 “B,” 280. Michaelmas, 32 & 33 Elizabeth (1590). xxviij die Novembris [1590] Margaret Braynes vid p!] Robert Miles made othe that the James Burbage and others } faid Burbage and Cutbert Bur- defendauntes bage haue broken an order made in this Courte, the xiij of Novem- ber lait. Therefore an attachment is awarded againft the faid parties to the fherif of Middlefex. Idem, vol. 1590 “ A,” 317; also in 1590 “ B,” 327. Sabbati xxx° die Januarij [1590-91] Margaret Brayne wid p!') The faid deft hathe this prefent Cutbert Burbage deft daye made his perfonall apparaunce in this co™ vpon an attachment for faving of his bond made to the fherif of london 49 50 Charles Wilham Wallace BRAYNE VU. BURBAGE. Chancery Town Depositions, Bdl. 218, No. 93. Michaelmas, 32 & 33 Elizabeth (1590). INTERROGATORIES. | Articles vpon the parte and behaulf of James Burbadge and Cuthbert Burbadge and others Defend'* to John Hide grocer And Georg Cloughe gentelman Againft Margaret Braine Widdoe Complt. 1 Imprimis whither did one John Brayne the hufband of the Compl*, and one John Prynn broaker, take vp, borrowe and owe to yo" about the xxvj daye of Septemb A° 1579 the fome of — 125” 8* 11°./ yf thei did: then, whither did the faid James Burbadge the defendt about the fame tyme, Mortgadge and convey to yo" the faid John Hide, the Leafe, and all his title therin, of and in the Theatre, and other edificions in Hallywell, in the Countie of Mid- dlefex, the w™ he had of one Giles Allen and Sara his Wief vpon Condicon/ That yf the faid fome of 125’! 8* 117 were Repaid to yo" or yo" affignes win xij Monethes & one daie, next enfuing after the faid feptemb™ in A° 1579 by The faid James Burbadge, that then yo" fhuld Reconvey to him the faid Leafe and Theatre, and other the premiffes againe. And whither was not the faid Leafe and other bondes made by Giles Allen, for the enioying Thereof, Deliuered into yo™ handes and poffeffion, at the tyme of the faid Conveyaunc fealed by the defend'/ w™ and by the confent and appointmt of The faid John Braine yea or no 2 Item whither was not the faid Leafe and the faid James Burbadge the defendantes title theirin, abfoluteli forfeited and loft to yo", for the nonpayement of the faid 125’* 8* 114, according to the tyme lymyted for the payemt Thereof, & to the effect of the faid deed of Mortgadge, And whither did yo" not repute and accompt yo" fealf, to be therby Rightfull owner of the faid Leafe and title of this defendt James Burbadge yea or no 50 The First London Theatre 51 3 Item whither was not this defend‘, for yo" better fecuretie, bound to yo" loyntlie w™ the faid Braine and Pryne, in abond of 200" w™ Condicion endorfed, afwell for the repaym' of the faid mony at the faid tyme appointed, as for the performance of the Cove- nantes and for performing The faid mortgadge yea or no And _whither did the faid Brayne or prynn performe the fame/ on . Item were yo" not offended, that the faid Burbadge and Braine, did not repaie yo" The faid 125’* 8* 114 And did you not Threaten, to put the faid Burbadge out of poffeffion of the faid Theatre, and buildinges, for that yo" receyved no profitt therby: And did not yo" arreft thervpon the faid Jeams Burbadge, by proces out of her Ma‘? bench, about June in A°® 1582 And whither did not he ther vpon come to yo" howfe w™ the officer or balie, that had him vnder arreft, And whither did not yo" wief in yo" abfence, accept of xx" paid then to her, to yo™ vie by the faid defend‘, And did fhe not difchardge the faid defend*', from the faid Bailie, vpon Condicion that the faid defend*, fhuld come To yo" when yo? fent for him, to take order in the premiffes. And whither did not he repaire to yo" accordinglie, And whither was he not conftrayned to gyve yo", newe bondes w“ a fuertie, for The forthcomyng at yo’ howfe, of this defend‘, at an howers warning to be fubject to yo" actions. Item did not The faid defend' complayne to yo", that the faid Braine had Receyved and gotten into his handes, agret porcion of money levied in the faid Theatre, at the playe tymes, And that he would catche what he could, And That the faid defend* could not enforce him, to delyver any parte therof neyther To this defend‘, nor to yo" towardes an agreem' w" yo" in the premiffes/ yea or no/ . . Item did not yo" thervpon, fend yo" fervauntes to Chardge the faid Braine not to deale any further w™ any thinge, concerning the faid Theatre, Except he would deliuer to yo", The mony he Re- ceyved: And did yo" not appoinct one of yo" fervantes with the faid James Burbadge, as in yo" faid Right, title and intereft, to 51 IO 52 Charles Wiliam Wallace difchardge, difmife and put out the faid John Braine, from the faid Theatre yea or no. . Item whither were yo" not conftrayned, by reafon the faid Braine would not departe w™ the mony he had Receyved, to appoinct one of yo" fervauntes and this defend‘, to gather vp. v." weekelie, during the tyme of plaies; thinking by that meanes, to have paid yo" fealf out of the Theatre, for that yo" fawe that the faid Braines, was fo Badd a fellowe: And howe mutche mony Receyved yo" by That rate, to yo" remembraunce, and was it aboue xxx." yo" fo receyved ; or les./yea or no . Item During thes payeme*’* whither held yo" ftill The faid Leafe in yo" Handes, And whither did the faid Braine afterwardes paie yo" any other or more mony, then that w* was brought to yo" weeklie out of the faid Theatre. yea or no. . Item whither did not yo", after the death of the faid Braine, and after the receiptes abouefaid, faie, that yo" had fett ouer and affigned the faid Leafe, and bondes to Cloughe yo" father in Lawe, & whither did not he fue the faid James Burgadge, and the faid Pryne Thervpon, after the death of Braine And whither did not the faid Cloughe, go about to put out The faid defend‘ out of the faid Theatre, yea or no after Braines his death and whither did not Burbadge tell yo", that he could not accomplifhe futch order, as the faid Cloughe or yo" had fett downe, and prefcribed to him, for the redemption of his faid Leafe yea or no Item whither did not m" walter Cope, attendant vpon the Lord Trea/urer, write his letteres to yo", & therby earneftly entreate, that yo" would fell to his fervaunt Cuthbert Burbadge, yor title and intereft of the faid Leafe the rather, for that he might help to difcharge his father out of manie trobles, w™ the faid Braine & his faid father, might haue fufteyned about conveyaunces & bondes, made by them, about the faid Theatre, when was the faid lettre written to yo". And what conteyned it as yo" rememb* 52 The First London Theatre 53 ii Item Whither did not yo" thervpon make an agreemt w" the faid Cuthbert, for yo" faid Leafe and title. And whithe™ were yo" paid the mony by him agreed vpon, at his handes & by his appoinctem*. And whither did yo" convey to him accordinglie the faid Leafe. And whither by all this fpace, did the executors of the faid Braine paie to yo" any mony for the premiffes. yea or no. DEPOSITIONS Ex parte Jacobi Burbage Octauo Dec 33 E. Regine Jo. Hide of London grocer of thage of lviij yeres or theraboutes fworn &c. i. Interrogatory That true it ys one Jo Brayne late hufband of the Comp. and one Jo. Prynne a Broker did take vp, borow and owe vnto hym this dpt about the xxvj day of Sept 1579. the fome of 125% 8* 114. or thereaboutes as this dpt remembereth and he doth alfo well know & remember that the faid James bur- bage the now def did about the fame tyme morgage and convey vnto hym this dept the leafe and all his title therin of and in the Theatre and other buyldinges in Halliwell in the Comitatu of Middlefex the w™ he had of one Giles Allen and Sara his wief Vppon Condicion to this effect that if the faid fome of one hun- dred xxv"! were repaid to hym this dp‘ or to his affignes w‘in twelve monethes and one day next enfewing after the faid Sep- tember 1579 by the faid James burbage That then he this Dept fhuld reconvey to hym the faid James the faid leafe and Theatre and other the premiffs agayne And as he remembereth the leafe and other bondes made by Giles Allen for the enjoying therof were delivered in to his handes and poffeffion at the tyme of the {aid conveyaunce fealed by the def. w™ was donne w® the confent and appoyntmt of the faid Jo Brayne./ 2 That not only the faid leafe but the faid James burbage the Def title therin was abfolutely forfeited and loft to hym this Depont for the none paym' of the faid fome of 125'—8—r1t. or ther- aboutes according to the tyme lymyted for the paym! thereof and to theffect of the faid dede of morgage And he this dp‘ did a3 1 54 Charles William Wallace accompt and repute hymfelf to be therby rightfull owner of the faid leafe and title therin of the faid James Burbage That the def for this dpte* better fecurite ftode bound to hym this dept ioyntly w the faid brayne and Pryne in a bounde of 200" (as this dept remembereth) w* condicion indorfed afwell for the repaym' of the faid money at the tyme appoynted as for the per- formaunce of the Couenantes and performyng the faid morgage w“" Brayne and Pryne nor either of them did performe That true it is he was offended that the faid burbage and Brayne did not repay hym the faid fome of 125’* 88 1rd And did ther- vpon threaten to put the faid burbage out of poffeffion of the faid Theatre. and buyldinges for that he this dep‘ received no proffit thereby and thervpon did caufe the faid James burbage to be arrefted by proces out of her ma‘’®’ Benche about June as he remembereth 1582. And the faid James Bur: did thervpon come to this dp‘®’ houfe w™ the officer or bailif that had hym arrefted and this dp'’* wief in his abfense did accept of xx" paid vnto her to his this dp'’* vie by the def And the fame def was thervpon either by hym this dept or his wief but precifly by whether of them he doth not nowe remember difcharged from the bailif vpon Condicion that he the fame def fhuld come vnto hym this dp* when foeuer he the fame dept did fend for hym to take order in the premiffes. And the faid def did accordingly repaire vnto hym and did geue vnto hym this Dept new boundes w™ a furety for his furthcoming to this dp‘e* houfe at an houres warning to be subiect to his this dp‘’* accions./ That true it is the Def burbage did complayne vnto hym that the faid brayne had received and gotten in to his hands a g* porcon of money levied in the faid Theatre at the play tymes and that he wold catch what he cold and that he the fame def cold not enforce hym to deliver ay part therof neither to hym the faid def nor vnto hym this dpt towardes an agrem' wt hym this Dept in the premiffes. 54 The First London Theatre 55 6. That he thervpon did fend his Servantes to chardg the faid Brayne not to deale ay further w™ ay thing concerning the faid Theatre, except he wold deliver vnto hym this dpt the money he received. And this deponent remembereth that he did appoint one of his Servantes w the faid James burbage as in his this dep*e* right title and intereft to difchardg difmyffe and put out the faid Brayne from the faid Theatre/ 7. That by reafon the faid braine would not departe w" the money he had received he this dep' was conf{treyned to appoynt one of his Servantes and the faid Ja. Burbage the def to gather vp v' wekely during the tyme of playes thinking by that meanes to haue p* hym felf w™ the proffites of the Theatre ffor that he faw the faid Brayne to be fo bad a fellow And this dp‘ by that rate did receive in money to the fome of xx or xxx" as he remembereth./ 8 That during the faid paym'’* he held itill the faid leafe in his handes. And depofeth that the faid Braine did not afterward pay vnto hym this dpt ay other or more money than that w** was ‘brought to hym wekely out of the Theatre as aforefaid g That after the death of the faid Braine and after the receptes as aforefaid he did fay and gaue it out in fpech that he had fet ouer and affigned the faid leafe and bondes to one George Clough his this dp‘e* ffather in lawe but in truth he did not fo neither did the faid Clough to this dp*’* remembrance and as he thinketh few the faid James Burbage and the faid Pryne or either of them after the death of the faid Brayne. But this dpt thinketh that the faid Clough his father in law did go about to put the faid def out of the Theatre or at left did threaten hym to put hym out And as this dpt remembereth the faid burbage did tell hym that he cold not accomplifh fuch order as he this dep‘ and his faid ffather in law Clough had fet downe and prefcribed to hym for the redemp- cion of his faid leafe 10 That m™ Walter Cope being Attendaunt vpon the Lord Treafaurer 55 I = 56 Charles William Wallace did write his letteres to hym this dp* thereby intreating hym that he wold fell to his the fame m™ Copes Servante Cuthber burbage his title and intereft of the faid leafe the rather for that he might help to difcharg his father (meaning the def) out of may [—many] troubles w™ brayne and his faid ffather might haue fufteyned about conveyaunces and bondes made by them concern- ing the Theatre And to this dp‘** beft remembrance the fame were the effect of the contentes of the faid letteres But the certeyne tyme when the fame letteres were fo written he remembereth not/ That he did thervpon make an Agremt w™ the faid Cuthbert for his faid Leafe and title and intereft therein and was truly paid the mony by hym agreed vpon at the handes of the fame Cuthbert and by his appoyntmt and this dp‘ did convey vnto hym the faid leafe accordingly. And depofeth that by all this fpace Thexecuto™ of the faid Braine did not pay vnto hym this dept ay one peny for the premiffes. And more this dp faith not in this matter/ pro burbage Die & Anno predictis George Clough of London Clotheworker of thage of xlviij or theraboutes {worn &c 1. 2. 3. 4. 5.6.7. & 8. Jnterrogatories he cane not depofe That on a tyme but certenly how long fithens he remembereth not. one Jo Hide of London grocer who had maried this dp*¢ wiefes daughter told hym this dpt y' he had certeyne mony owing vnto hym by one burbage and one brayne as this dpt remembereth and yt for his fecuritie of the paym* thereof he had affigned vnto hym a leafe of the Theatre and told this dpt that he cold not haue his money p‘ and therfore requefted hym this dp* being his father in law to go vnto the faid burbage to demand of hym the money he owed hym and to fay that he had affigned ouer the faid leafe to hym this dpt And this dp*. thervpon went diuers and fondry tymes to the faid burbage and received money of hym due to the faid Jo Hide wherof he made vnto the fame Jo Hide an Accomp. 56 Lal The First London Theatre 57 from tyme to tyme as he received the fame but to how moch the fame monies did a mount vnto this dpt remembereth not. Neither did he at ay tyme to his remembrance feue the fame James bur- bage or one Js. Prynne concerning the faid Leafe nor went about to put the now def out of the Theatre nor ay thing elles to that Jnterrogatory canne depofe nor more faith in this matter [Signed] George Cloughe BRAYNE VU. BURBAGE (CONTEMPT) Idem. Bdl. 221, No. 12. Hilary, 33 Elizabeth (1591). Interrogatories to be mynyi{tred on the parte and behalf of Margaret Braines widowe Compl* again{t James Burbage & Cuthberte Burbage defend‘ vpon contempt Inprimis whether were you Cuthbert Burbage prefente at the Chauncery Barr the xiij of Nouember 1590 the Court ther beinge moved by yo™ owne Councell m™ Seriant Harris to ftay and Order before granted vpon a Sequestracion of the Moytie of the Theatre at the fute of Margaret Brayns the nowe Compl*. Againit yow and others And wheth’ did not yow them w‘ the Confent of your faid Councell Caufe and order to be fett downe for to performe the Arbitramt made and Ordered by Richard Turner and John Hill betwene the faid James Burbage & John Braines the hufband of the nowe Complaint Dated the xij of Julie in the xx™ yere of her Mat'*s reigne yea or no/ Item whether do yow James Burbage and Cuthbert Burbage knowe of your owne knowledge or otherwife haue hard fay that one Robert Myles w* divers others vpon the xvj'* of Nouember lait paft did come in the behalf and in the name of the Nowe Compl' to the nowe dwellinge howfe of the faid James Burbage your ffather and ther did demande of yow both the performance of the faid Award accordinge to the faid Order And wheth" did not yow both then fay that yow would not ftand to anie fuch 57. Ww 58 Charles William Wallace order and that the Court of Chancery fhould not Cofen yo¥ Cuth- berte of your right yea or no, and what was y® {peaches yow both then vied Item whether did not yow James borbadges faye or fpecke thes wordes in this interrogatory foloinge or wordes to that Efecte ‘Cuthberte Burbage yo" heard the faid James your ffather fay that he would not obay the faid Order and threaten the faid Roberte Myles to beate him of the grounde and that he cared not a tord for Confcience w™ other odious termes and what was the wordes your ffather and yow then vfed to the faid Roberte Myles Declare the whole truth therein . Item whether do yow James and Cuthberte Burbage know the faid Margaret Braines the nowe Comp". w' divers other perfons accompanyinge w'" her fithence the Order made came to the Theatre and ther Demanded of yow and your ffather and of the tenantes fuch rentes as were due and behinde for the Moitie of the theatre and all fuch fomes of money as were then dewe accord- inge to the faid Arbitrement made as beforefaid and whether did yow fay or here your ffather fay or both yt the faid Compl* had nothinge to do ther and that yow would not obay the faid order and ffurther faid that yf fhe or any for her or in her behalf came any more vpon the faid ground yow would beate them from the fame and did not yow both vie her w™ moft vnfemely and bad {peaches Declare yo" knowledge therin Item wheth™ did yow Cuthberte Burbage vpon the xxix" of Nouemb’ nowe lait Come into the howfe of one Henrie Bettes in Shordich wher the faid Robt Myles then chanced to be and ther in fcoffinge manno” did afke him when he would Come againe to the Theatre for any more Rent in the Comp*®* behalf and whether did not yow fay then that yf he did Come anie more abought anie fuch matter he fhould be thorowghly payed home notw{tandinge the faid Order or wordes to the like effect and what was the wordes yow then vied to him towchinge the fame. fpeake to your knowledge 58 The First London Theatre 59 6 Item wheth™ did yow James Burbage heare or knowe of any Order to be made in the chancery the xiij‘* of Nouemb™ 1590 vpon a moticion made by m" Seriante Harris beinge of yo" councell for a ftay of a fequeftracion of a moity of y® Theatre and other the tenem*e’ and wheth™ haue yow both done you" beft endever to periorme the faid Arbitram' & Order made as aforefaid yea or no ‘Scott [Attorney] DEPOSITIONS Re/ponfio Cuthberti Burbage vnius defendentum, ad articulos Margarete Braynes viduae fuper Contemptum ut afferitur capta per Henricum Johnes in Cancellaria Examinatorem./ . Cuthbert Burbage fervaunt to Walter Cope efquier gentleman viher to the lorde Treaforer of England/ of the age of xxiiij yeres or theraboutes {worn and ex’ the xvj Daye of ffebruary in the xxxiij yere &ct To the firft Interrogatory that he was pre/ent at the Chauncery Barre the xij daye of November laft paft 1590 when Mr’ Serieant Harrys did move the co'te on the behalf of this depot®* ffather to ftaye an Ordre w was before graunted by the fame/ vpon A Sequeftracton of the one Moytie of the houfe or building called the Theato™ in Shordyche/ w™ out Bifhops gate London/ at the Sute of the now complainant/ At w*™ tyme and mocion the co'te ordered/ that an Arbytryment made by Rychard Turno™ & Jo. Hill named in this Interrogatory betwene James Burbage this depo’ faid ffather and Jo. Braynes deceffed late hufband to the now complaimant in Julye in the xx yere of her Ma's Reign/ fhuld be performed & fulfylled by ether fydes/ To the 2. that it is true indede/ that Robert Myles named in this Interrogatory/ and others wt him came to this depote* ffathers dwelling houfe in Hallywell by Shordiche vpon or about the xvj day of November/ aforefaid/ for & in the name of the now comp! as he faid/ and Demaunded Rent/ and the performance of the faid Award according to the faid Ordre/ and what anfwer 59 60 Charles William Wallace this depo'e* faid ffather made vnto him he faith he Remembreth not/ but this depot. made him anfwer/ that he fhuld haue no Rent ther he wold fufficientlie aniwer the co'te the caufe why/ when he were called/ and w' all told him that Braynes nor his wyef had no right there/ ffor it was his this depo'’* & he had boght it w* his owne proper money as they well knewe/ And vtterlye denyeth that he faid/ that he wold not ftand to any fuche order & that the Cotte of Chauncery fhuld not Cofyn him of his right/ Nor any word of fuche vnreuerend/ & vnduetyfull fpeche To the 3. that when the faid Myles came to this defend'®* fathers houfe as aforfaid in the laft former Interrogatory he came in fuche rude & exclammable fort/ as indede his faid ffather threat- ened to fett him away of his ground/ yf he wold not go his waye quyetlie/ And faith that true it is he this depot heard not his faid ffather faye/ nor vtter vnto him any fuche ymperyous Wordes/ as that he wold not obey the faid Ordre/ Nether did ether this depots faid ffather/ nor he this depot threaten to beat the faid Myles/ Nether did he this depot hear his faid father vtter any fuche an vnreuerend & vnfemelye worde of Confcience/ as is fo malycyouflye & vngodlie fett down in this Interrogatory/ To the 4. that he cannot certenlye depofe/ what anfwer or fpech this Depo'®* faid ffather made or vttered to the comp! at any tyme fhe came to him/ or to the Theater/ for any Rent or other Demaunde/ concerning the moytie of the fame/ for he did not heare the fame/ Or at the leaft he did [not] hede the same/ And what anfwer this depot made to her/ and the faid Myles he hath depofed before/ And fo faith ftill/ that/ nether fhe nor any by or vnder her/ haue any thing to do ther/ ffor it is this depote* right/ & none ells/ And otherwyfe to this Interrogatory he faith he can- not depofe/ To the 5. that true it is/ he this depot fins he was ferued w* the faid Attachem'/ chaunced to mete the faid Robert Myles at one Henrye Bettes houfe by Shordiche Church/ where the faid 60 The First London Theatre 61 Myles beganz to Gybe & Scoffe this depot/ concerning moche of the matters depending in Sute betwene the faid comp'/ and this depo'* faid ffather & him this depot/ and that fhe fhuld haue this & that And this depot told him/ that nether he nor fhe could do more then Juitice bidd them/ and that he was fure/ the right was in him this depot/ and therfor wifhed him to deale no furth™ in the matter/ nor to come againe to Demaunde any Rent there/ ffor yf he did/ this Depot wold paye him truelie/ But w™ out that/ that he added thefe wordes/ vizt/ notw'{tanding the faid Ordre/ for he fayd it not/ - To the 6. that for his own parte he can fay no more/ then he hath before faid/ And this for his true anfwer to the faid Inter- rogatories/ [Signed] Cuth: Burbadge. James Burbage of Hallywell in Shordiche w'out Crypple gate London gentleman of the age of Ix yeres or theraboutes fworne and exd the Daie and yere aforefaid &ct To the firft Interroga- tory. That he doth thinke/ ther was fuche an order fett down in the Co'te of Chauncerye for the {tay of the faid Sequeftracion/ at the mocion of M® Serieant Harrys/ in the behaulf of this depot and of his fone ‘Cuthbert Burbage/ for to that end/ this Depot and his fayd fone gave him iuft Inftruccions of the matter/ and accordinglie this Depo'’* Counfell opteyned the fame/ And faithe that at that tyme/ at the mocion of ther counfell/ ther was an ordre fett downe/ that the Arbitrymt & Award w*" was made & ordred/ betwene this depot and Jo. Braynes deceffed the hufband of the now comp!/ by Rychard Turno’ & Jo. Hill named in this Interrogatory fhuld be performed & done/ and this Ordre was made in Julye in the xx yere of her Mat**/ Reigne/ and w™ this Depot for his parte hath performed/ as farre as in him hath layne/ as he verelie beleveth/ To the 2. that true it is/ Robert Myles named in this Interrogatory w' ij° other perfons wt him whofe names he knoweth not/ in . 61 62 Charles William Wallace Novemb? laft paft the certen Daye he now remembrethe not/ did in the behaulf of the now comp! come to this Depot’ Dwelling houffe nere the Theater in Shordiche/ and there did demaund firft of this depon'®* fone/ the moytie of the faid Theatre & the Rentes of the fame to her vie/ and of the performance of the faid Award/ and what anfwer this Depot® faid fone made him thervnto/ he camnot certenly tell But he faithe/ that this Depot being wtin the howfe/ hearing A noyce at the do"/ went to the dot/ and ther founde his fone the faid Cuthbert and the faid Myles {peaking lowde together/ And afking what the matter was/ the faid Myles did as afore Demaund the moytie of the faid Theatre/ and the Rent therof/ and the performance of the faid Award on the Comp!'e* behalf and then this Depot told him/ that/ the Ordre did not warrant any fuche demaund of Rent nor of any moytie of the faid Theater/ And for the performance of the faid Award/ he told him that he this Depot for his parte could not performe it better/ then he had done/ And then the faid Myles fayd/ that by the faid Award the moytie of the Theater/ & the Rent therof are to be had & Receyved by & to the vie of the faid comp!/ So it was indede qd this depo'/ before Jo. Braynes him- felf & he this depot/ Did after the making of the faid Awarde/ Joyne in A graunt to one Henry Laynmann gent/ of the one Moytie of the faid Theater & of the proffittes and comodities growing therby for certen yeres yet enduring/ as by the Dede yerof maye appere/ and bound them felf in gt bondes for the performance therof/ And further faith that long after the faid Arbytryment and award & before the graunt made to the faid Laynman the faid Braynes the comp'’* faid hufband did procure this depot to morgage the leafe of the faid Theatre for the fome of Cxxv! & od money to one John Hyde of London grocer/ for one yere/ & after that for another yere/ wt A provifo that for the none paymt of the faid fome at A daye/ the faid leafe to be forfettyd/ w was forfetted accordinglie by the none paym*' of the money. So as then the faid Hyde was fullye and abfolutelye poffeffed therof/ to difpofe of the fame at his will and pleafur/ by w*" meanes/ he this depot doth verelie take it/ that the faid Arbytryment/ and award was determyned & diffolued/ 62 The First London Theatre 63 To the 3. that true it is, he for his owne part did neuer faye that he wold not obey the Ordre of the chauncerye/ But he this depot being nerely vrged and dared by the faid Myles/ w' g* threates & wordes that he wold do thys/ and could do that/ to the vndoing and gt Dyfgrace of this depot and his fone he this depot told him/ that/ it was too moche to face him fo on his owne grounde/ & that he knew/ he could not anfwer it/ And that yf he wold not leave his Rayling & quyetlye departe/ he this depot wold/ fend ‘him away/ w'out that/ that ever this depot did ever fay or thinke the vnreuerend wordes fett down in this Interrogatory againit Contcience furmyfed by the faid Myles to be vttered by this Depot/ at that tyme/ To the 4. that true it is/ the faid comp! accompanyed w*t the faid Myles and others came to the faid Theater to the Tenantes therof/ and there verye ymperyouflie fyns the faid Order/ did chalendge & Demaunde Rentes of the fame as due vnto her for the moytie of the fame/ according to the faid Arbytryment/ And aniwer was made vnto her/ and them that came wt her/ both by the faid tenantes and Cuthbert this depo'’* fone/ that fhe had nothing to do there/ and that they neuer knew her to haue any intereft in the fame/ But what the fubftance of ther talke was then betwene them/ he cannot Depofe ffor he was not pre/fent therat/ To the 5. that he cam fay nothing but by heare faye To the 6. that he cann fay no more in effecte/ then he hath before {aid to the firit Interrogatory/ Nor more faith to all the faid Interrogatories/ [Signed] By me James Burbage 63 64 Charles Wiliam Wallace BRAYNE UV. BURBAGE Chancery Decrees and Orders, vol. 1590 “A,” 456; also in 1500 “ B,”’ 455. Hilary, 33 Elizabeth (1590-91). xxiij die Marcij [1590-01] Margaret Brayne Whereas the def‘ haue bene ex- widowe playntif amyned vpon Interrogato"™® at the Cutbearde Burbage p'*s fuyte towchinge the breache of James Burbage def*® an order made in this Courte be- twene the faid part*s: It is ordered by the Right worfhip" the M* of the Rowlles that the Confider- acion of theire examynacions be Referred to M™ Docto™ Cefar one of the Mr’ of this Courte To thende he maye Confider and Re- porte to this Courte whether the faid deft or eyther of them haue Committed anye Contempte or not That further order maye be taken therevppon accordinglye And the faid def‘® or theire At- tornes are to be warned when the premiffes fhalbe fo con- fidered of / [The above order was first published, modernized throughout, in Collier’s Actors (n. s.), p. 9.] BURBAGE VU. BRAYNE Chancery Decrees and Orders, vol. 1590 “A,” 403; also in 1590 “B,’ 497. Easter, 33 Elizabeth (1591). Sabbati xxiiijte die Aprilis [1591] James Burbage p! fforafmuche as this co™ was this Margaret Brayne & Robte $ prefente daye enformed on the p'® deft behalf That the faid def‘ hathe in A very fryvolous and Infuffy- cynt demorrer to the p'* bill w™out fhowinge any good caufe thereof Therefore the confyderacion of the faid bill and de- morrer ys Referred to Mt D™ Carewe one of the M* of this Co™ 64 The First London Theatre 65 To thend he maye confyder and report to this co™ whether the faid demurrer be fuffycynt or not yf not Then A subpoena ys awarded again{ft the def‘* to make A perfect and dyrect aunfwere to the p'** bill of Comp! and to all the materyall poyntes thereof And the def‘** Attorney ys to be warned when the premiffes fhalbe fo confydered of [The above order, modernized in spelling, was printed by J. P. Collier in his Actors (u. s.), p. 9.] BURBAGE V. BRAYNE Chancery Decrees and Orders, vol. 1590; “ A,” 720; also in 1590 “B,” 725. Trinity, 33 Elizabeth (1591). Martis xvt° die Junij [15901] James Burbage p! fforafmuche as this co™ was this Margaret Brayne prefente daye enformed on the p!* Myles deft behalf That the faid defte hathe put in an Infuffycyent demorrer to the pls bill w'out fhewing any good caufe thereof Therefore the confyderacion of the faid bill and demorrer ys Referred to M’ Dt Carewe one of the M's of this co™ to thend he maye con- fyder and reporte to this co™ whether the faid demorrer be fuffy- cyent or not yf not Then A fubpoena ys awarded againft the def to make perfect and dyrect aunfwere to the p!*s bill of Comp! and to all the materyall poyntes thereof And the def‘** Attorney ys to be warned when the premiffes fhalbe fo confydered of/ 65 66 Charles William Wallace BRAYNE Vv. BURBAGE Chancery Decrees and Orders, vol. 1590 “ A,” 818; also in 1590 “B,” 831. Trinity, 33 Elizabeth (1591). xx° die Julij [1501] Margaret Brayne fforafmuche as Mt D® Cefarr one widowe p! of the M* of this Courte to whofe Cuthberte Burbage confideracion the def examina- and James Bur- cions vpon Interogatories towch- bage defend'‘s inge the breache of an order made in this Courte was referred can not nowe attend the fame It ys therefore by the Right worfhipfull the M™ of the Rowles ordered that M™ D' Hone one other of the M's of this Courte fhall confider afwell of the fame contempte As alfo heare and end the cawfe in queftion betwene the faid parties yn this Courte, yf he can yf not that then he certifie into this Courte afwell what he fhall finde towchinge the faide con- tempte As alfo his opinion of the faid cawfe And by whofe defalt he can not end the fame wherevpon fuche further order fhalbe taken therein as to this Courte fhalbe thought meete. [The above order, modernized throughout, was first printed in Collier’s Actors (u. s.), p. 10.] BRAYNE VU. BURBAGE Chancery Decrees and Orders, vol. 1591 “A,” 16; also in 1501 “B,’ 18. Michaelmas, 33 & 34 Elizabeth (1591). Marti xij° die Octobris [1591] Margaret Brayne Vipon the opening of the matter this pre/- wid p! ente daye by M* Stieant Harrys being of James Burbage the def‘** councell and comynge to fhowe and Cutbart Bur- caufe wherefore an attachm fhould not bage df‘ be awarded againft them vpon A re- porte lately made by M* Dt Hone one 66 The First London Theatre 67 of the M* of this co™ of a contempt fuppofed to be comytted on the deft®s behalf It ys thought meete and fo ordered by this courte That no advantage or further proceeding fhalbe had vpon that reporte But that M* Dt Stanhope and Mt Dt Legg two of the M* of this courte fhall confyder and reporte to this co™ whether the def‘® or either of them haue comitted any contempt or not in breache of A former order Layd to theire charge vpon whofe reporte fuche order fhalbe peremptoryly taken w'out further delaye as to this co™ fhall be thought meete BRAYNE @. BURBAGE Chancery Decrees and Orders, vol. 1591 “A,” 151; also in 1591 “B,” 163. Michaelmas, 33 & 34 Elizabeth (1591). xiij° die Novembris [1591] Margaret Brayne Vpon the opening of the matter in vary- widowe p! ance to the right worfhipfull the Mr’ James Burbage & of the Rolles by M* Scott on the be- Cutbert Burbage half of the faid p! after the Ryfing of def*s the courte It appered that before this tyme the confyderacion of the caufes was Referred to Mt D™ Stannop and M* D* Legg two of the M's of this co™ who haue heard the caufe and the councell on bothe partes and haue made A reporte in wryting vnder bothe theire handes being in hec Verba _ By order of the xij™ of octo- ber laft wee haue had the councell on bothe partyes before vs and entring into the confyderacion of the contempt comytted to vs to examyne them Wee doe fynde that wee could not well proceede to examyne them before John Hyde of London grocer and Raphe Myles of London Sopemaker were examyned towching the caufe and one Nicholas Bufhop and John Allen vpon the contempt in the Interrogatoryes again{t the faid deft* pretended wherevpon yt was concented by Councell on bothe fydes That the courte would be pleafed to geve aucthoryty vnto vs to geve othe vnto 67 68 Charles William Wallace all thefe partyes to aunfwere to fuche Interrogatoryes on ether fyde to be mynyitered as by theire councell Learned fhould be mynyftered vnto them and vpon theire depofycions wee maye better proceede to examyne the pretended contemptes As by the fame Certyficate maye appere It ys ordered That the matter be agayne Referred to the faid Mt D™ Stannop and M* Dt Legg and aucthoryty ys geven vnto them by this co™ to call all the faid perions named in the faid Certyfycate or reporte and to examyne them vpon theire othes vpon fuche Interrogatoryes as ys men- cioned in the faid reporte To thend this co™ maye the better be enformed towching the faid fuppofed contempt/ [Thus the whole case was placed in the hands of the two Masters in Chancery, Dr. Legg and Dr. Stanhope, to be heard and determined. Accordingly, they examined many witnesses during the succeeding year. It is not practicable to arrange the depositions in exact chronological order, because some of the five following sets of them were taken con- currently with others. They are here placed, therefore, in the order in which they were filed by the Court, the depositions of Hyde, Myles, Bishop, and Allen, mentioned in the above report, coming next to the last, and their cross-examinations in behalf of the Burbages, last, in the series of examinations in this case. | : BRAYNE VU. BURBAGE Chancery Town Depositions, Bdl. 226, No. 9, Michaelmas 33 and 34 Elizabeth (150r). INTERROGATORIES William Clerk iuratus 25 Feb I59I coram Mat Carew Articles to be myniftered vpon the parte apd behaulf of James Burbage and Cuthbert Burbage Defend'** againft Margaret Braines the executrixe of John Braynes Complaynante, to Giles Allyn gentelman, Bryan Ellame, Richard Hudfone, [John Greges, 68 The First London Theatre 69 William Botham, (stricken out)] W™ Clarke, Henry Bett gen- tleman fcryvener. . Imprimis Whither did yo" knowe John Braines whileft he lyved. And whither do yo" knowe the parties plaintife and defendauntes. And how longe haue yo" knowen them. . Item whither did James Burbage the one of the defend'@* take a Leafe of yo" of certaine void ground & decaied Tenementes in Hallywell, wheron the Theatre is now builded. And whither did John Brayne at the enfealinge of the faid Leafe or at any tyme before, make fute or require of yo" to be ioyned with the faid Burbage in the faid Leafe. Or to make the fame in truft to the fame Burbege to his the faid Braines vie. Yea or no. . Item what fyne or Jncome did the faid Burbege paie or bynd him- fealf to paie to yo" for the faid Leafe. And how mutch therof is to yo" paid And how mutch is vzpaide. And whither did the {aid John Braines paie to yo" any parte therof Or promyfe to paie yo" any parte therof. And whither did yo" alwaies repute the faid Burbedge to be yo" Tenante only of y® premiifes Yea or no. And what rent did yo" receyve for the premiffes before yo" demyfed the fame to Burbag . Item whither did Braines at any tyme paie to yo" any rent for the faid Theatre and premiffes by yo" demyfed to the faid Burbege. And whither was ther not owinge vnto yo" fix yeres before the death of the faid Braines more or lefe the fome of the fyftie and one poundes or therabout parte of w faid fome beinge for the faid fyne, & parte for Arrerages of Rent, And who p? yo" the fame/ . Item whither did yo" vewe the new buildinges and the Repracions done by the faid Burbage vpon & in certaine decayed howefes houlden of m™ Allyn in Hallywell, To what fome of mony did yo" eftymate the faid buildinges and Reparacions. Or what fome or fomes of monye do yo" knowe or haue herd faye that the faid Burbage did beftoe in the faid New buildinges & in the decayed 69 70 Charles William Wallace howfes adioyninge to the faid Theatre & vpon the Repairyng of the Theatre ' And whither did John Braine or his executor beftoe or laie out any mony theron or paye any thinge towardes the faid Buildinges or Reparacions, yf he did, How mutche did he difburfe or paie/ And whither was ther iij**x" [= 7o /.] beftoed on the Theatre fince Braines death yea or no . Item what fome of monye hath the faid Burbage difburfed in Repayringe of the Theatre more then Brayne did Joyne w™ him in allowaunce of the fame Reparacions, And how know yo" the fame. And what Bondes wherin the faid Braines & Burbage were ioyntlie bound, hath the faid Burbage paid and difchardged fythenc the deathe of Braines And to what vallewe do the faid Bondes arrife vnto. And whither did the faid executrix ioyne w" him in the payemt therof. And what other fomes of monye hath he paid wherof the moitie ought to haue byne p* by Braines or his executo™ as yo" knowe or haue herd. And how knowe yo" the fame .7. Item whither was ther any Arbitremt made betwen them about the endinge of the controverfies moved betwen them for the pro- fittes of the Theatre. And whither was the Arbitrem' obferved. And what fome of mony did the faid Burbage demaunde of Braines by force of the faid Arbitrem*. And how know yo" the fame. . Item whither do yo" knowe or haue herd faye That the faid Bur- bage had Mortgaged forfeited & loft his faid Leafe to one John Hyde grocer, And whither did the faid Hide arreft the faid Bur- bage vpon pourpoafe to haue removed him from thence/ And whither haue yo" herd or did yo" knowe of yo™ owne knowledge that Cuthbert burbedge the other defend‘ did pourchafe and buy w'" his proper monye the faid Leafe of the Theatre of the faid Hide. And to his owne vie onlye. yea or no . Item what haue yo" herd the faid Hyde confefe and faie towch- inge futch fomes of monye as he receyved at the Theatre. And whither haue yo" herd him faye That he neuer made any agreem* 70 The First London Theatre rit w Braine nor Burbage the father for the reconveyinge of the faid Leafe to them. And that the fomes of monye by him Re- ceyved, were the profittes of the Theatre And not for the mony lent vpon the Leafe, nor for the redemption therof /nor for viurye for the forbearinge of his monye. yea or no NOTE TO THE EXAMINER. [This note is attached in front of the interrogatories, but belongs chronologically after them as here placed.] A brief noate for the eafe and {pede of the exam- iner, fhewinge how many Articles are to be ob- iected, to eache partie to be examined on thes Articles & whervnto thei can aunfwer. Imprimis to m™ Allen the firft. fecond, third, & fowerth. onli for him Item. to Brian Ellam Richard Hudfon [John Griges Carpenters W™ Botham Ralf Bettes (stricken out) ] & W™ Clarke plafterers firft & fyft. Item to Henry Bett, & Gall icrivener, 1. 6. 7. 8. 9. [All the above witnesses were examined except Gall the scrivener. Their depositions now follow.] DEPOSITIONS. Ex parte Jacobi Burbage et Cuthberti Burbage defendentum verfus Margaretam Brayne viduam querentem Teifte examinatore per Henricum Johnes in Cancellarra Examinatorem/ Henrie Bett, of the parifhe of St Leonardes in Shorditche, in the Countie of middlefex gentelman of the age of xlij yeres or ther- about, fworne and examined the lafte daie of September in the ya 72 Charles Wiliam Wallace xxxiij" yere of the reigne of o’ Sovereigne Ladie Queen Elizabeth by vertue &c 1. To the firft Interr. That he knewe John Braine when he was lyvinge, and that he knowethe the parties Defendantes and Com- playnante, & hath knowen them thes xiiij yeres & vpwardes 2.3.4. To the ij. iij and 111j Interrogatories he can not depoafe 5. 6. To the v and vj Jnterr. he depoafethe and faiethe, That he was not prefent, when the buildinge, latelie errected by James Burbege or his affignes, nere the Theatre were vewed/ but beinge in Com- panye w™ the vewers therof, thei did eftimate the chardge thereof, to arrife to 220" & vpwardes the w™ matter certaine worckmen alfo affermed; who did acknowledge that they had receyved a good parte therof, fortheir wo'kmanfhip and other thinges; wherof, they alfo affermed, that nether Braines, nor his executo™, did paie to them any thinge. but what fome of monye certainelie, the faid James Burbege did beftoe, ether vpon the new buildinge of the Theatre, or vpon the repayringe of the fame, this depont knowethe not of his owne knowlege, nor what monye he hath paid, {ince the deathe of Braine, but by the accomptes of the faid Bur- bege, the w™ this depon* hath often feene and coppied out, yt it fett dowen. That the faid Braine and his executo™, did owe to him the moitie of 220% beftoed as is aforefaid. And the moitie of 230" paid by the faid Burbege for rent, and for repayring of the Theatre and the moitie of 220! 13° 4°, paid by the faid Burbege, for the difcharginge of bondes debtes, and other exfpences, fynce the deathe of Braine, befides the fome of 135'* 1%. the w® the faid Braine, by a noate vnder his owne hand, confeffethe to haue receyved out of the Theatre, and to be accomptable for the fame; but whither the faid: accomptes, payem*es & demandes of the faid James Burbege, be true or falfe, he faiethe he knowethe not; but he faiethe, that he is verie fure that the noate, that the faid John Braine hath fett downe, for the receipte of the 135’* 1%, is the proper hand writinge of the faid Braine: And more to thes Interr he faiethe not/ 72 The First London Theatre 73 7 To the vij Interrogatory he faiethe, That ther was an Arbitrem* 8. 9. made, betwene Braine & Bvrbege in writinge, afwell for the cer- taine difpoafinge, of the profittes, levied in the Theatre and Tenem*, as in directing the faid Braine, when, and how, fuch fomes of monye, as he the faid Braine had difburfed, aboute the buildinge the faid Theatre, fhuld be to him paid: for the certaintie wherof, this depont referrethe himfelf to the faid arbitrem', only he faiethe, that nether the faid Braine nor his executrix the now comp!’ haue obferved the fame, nor by their owne fpeches and affirmacions, neuer will performe the faid arbitrem', and further to this Interrogatory he can not depoafe of his owne knowledge/ To the viij and ix Interrogatory he depoafethe and faiethe, That the faid James Burbege w™ the confent of John Braine did mort- gadge the Leafe of the Theatre, to one John Hyde the w™ was to him forfeited, who did thervpon arreft the faid Burbege intend- inge (as this depont takethe it) to take the advauntadge therof, and to expell the faid Burbege and Braine, and to that end did fend one of his fervauntes, to collecte and gyve order, that futch monye, or the beft parte therof, as was receyved at the Theatre, fhould be brought and paied to him, and becawfe he did not re- ceyve futch fomes of monye, in that wife, as was to his likinge, he the faid Hyde gave order to George Cloughe, father in Lawe to him the faid Hyde, to demaunde his monye, or to remove the faid Burbege out of the Theatre, by w™ meanes, the faid Cloughe did go to the faid Theatre, and threatened to remove the faid Burbege from thence, fynce the deathe of the faid Braine (as this depont remembrethe) And this depont further faiethe, that for a fome of monye the certaintie wherof he rememb’eth not, the faid Hyde, did fell his title in the faid Leafe, to Cuthbert Burbege one of thes defends, at the payem' of parte wherof, this depont was prefent, at ij feverall tymes, the w monye fo paid to the faid Hyde, was the proper monye of the faid Cuthbert (as this depont is perftwaded) and he beleeveth it, the rather, for that the faid Cutbert did then declare, that he was faine to borrowe parte therof the w™ he affermed he would not haue done, but only to haue ee) 74 Charles William Wallace redemed and deliuered his father, from many encombraunces, whervnto he and Braine, had rune them fealues into, about the faid Theatre, at w™ tyme the faid Hyde likewife affermed, that yf one m®™ Coape, had not written to him about the faile therof, to the faid Cutbert, that he never fhould haue had it, for that one m*™ middelmor & his father in Lawe Cloughe, were importinat w™ him for the fame/ And further to this Jnterrogatory he can not depoafe, favinge that he well remembrethe, that the faid Hyde, hath often confeffed and fworne to this depont that the mony by him Receyved at the Theatre was in his owne right, and nethe™ for intereft, nor by waye of Compofition of his principall debt, but what he now will fweare or afferme this depont knowethe not/ nor further faiethe to all the faid Jnterrogatories/ [Signed] Per me Henricum Bett Gyles Allen of Hafelye in the Counte of Effex gentleman of the age of lviij yeres or theraboutes {worn and ex the thirde daye of November in the yere aforefaid &c To the firfte Interrogatory. that he did verye well knowe John Braynes deceffed named in this Interrogatory./ And knoweth all the parties p'*e* and Defend'es/ And faith that he knewe the faid Jo. Braynes fondry yeres before he dyed/ And hath knowen the parties to this Sute about viij or x yeres/ but yong Burbage he hath not knowen but about ij° or ilj yeres/ To the 2. that about xiiij or xv yeres paft as he now Remembreth James Burbage one of the now deffend*e* did take A leafe of this depot for the, terme of xxj yeres of fome of the then voyd ground & Ruynous tenem'®s w'in the precinct of Hallywell nere Shordych/ vpon part wherof the playing place called the Theater / now ftandeth./ And faithe that nether the faid Jo. Braynes/ nor any other for him did ether make Sute to this depot at any tyme before the enfealing of the faid leafe, to be Joyned wt the faid James Burbage in the faid leafe, nor to make the faid leafe, in truft to the faid James Burbage, to the vfe of the faid Braynes/ But faithe/ that in verye trothe the faid leafe was fuewed for/ by the faid Burbage & not ment any way to the faid Braynes 74 The First London Theatre 75 To the 3. that he camnot now Remember how moche for an Incombe or ffyne for the faid leafe he did receyve or was to Re- ceyve of the faid James Burbage/ But he thinketh he had fome therof in hand/ and A bonde for the paym! of the reft/ not fullye yet difcharged/ the certenty how moche yerof was payd in hand/ and yet is vnpayd/ he camnot certenlye depofe/ for that the faid Bonde is now remayning at his houfe in the cuntrye/ Of w™ ffyne or Jncome the faid Jo. Braynes paid no penny to this depot for any thing he can Remember/ nor promyfed to paye this Depot any part therof/ And faith that he never reconed or reputed any perfone or perfones whatfoever as his tenant of the premitfes fyns the making of the faid leafe but onlye the faid James Bur- bage/ And faith that the Rent w™ this Depot receyved for the premiffes before the making of the faid leaffe to the faid James Burbage/ was as he thinketh about xiiij' by yere/ Marye he faithe that fyns the making of the faid leafe/ Cuthbert Burbage the faid James Burbage fonne/ did paye this Depot Rent for the faid premiffes how often he Remembreth not/ faying vnto this depot/ that then he was this Depo'’* tenant of the premiffes/ by reafone he had [Redemned the faid leafe his ffathers intereft thereof (stricken out)] the faid leafe/ But fhewed no affignem' or other Conveyance to this depot made vnto him of the fame To the 4. that he doth not Remember that the faid Johne Braynes payd this Depot Rent at any tyme/ for the faid premiffes/ And faith that he camnot tell when the faid Braynes dyed/ But he faithe that he well Remembreth that about vj yeres now pait/ ther was owing this Depot partlie for part of the faid ffyne or Jncome/ and partlie for arrerages of Rent for the faid premiffes/ about ffyftie poundes & vpwarde of the w™/ fo moche as was payd yerof was payd by the faid James Burbage & his affignes for any thing he now Remembreth/ But he faith ther is remayning & vnpayd of the fame, the fome of xxx"/ at this daye/ Vpon the relt of the Jnterrogatories he is not ex’/ by the direccion of the parties Defend‘ And more he faith not/ [Signed] Gyles Aleyn 75 76 Charles William Wallace Bryane Ellam of Silverftreete london Carpinter of the age of lviij yeres or theraboutes fworne and ex’ the xxv daye of ffebru- arye in the yere aforefaid &c To the firft Jnterrogatory that he did knowe Jo. Brayne whille he lieved/ And knoweth all the parties p' and Defend‘’*/ and hath known them about xiiij or Xv yeres/ To the 5. that he was one emonges others/ that of late yeres did view the new buildinges and the reparacions fett vppe & done by the now Defend'* or of one of them of dyvers decayed howfes and Roomes in hallywell by Shordiche wout Biffhops gate lon- don/ taken of M* Allen mencioned in this Jnterrogatory. And faith that they were viewed twice/ And faith that in ther Judgem', the faid new buildinges and reparacions in all manner of workes of the fame/ could amount to no leffe then about the fome of CCxl, or CCxxx"/ the charge wherof for any thing this Depot doth know or then did heare/ was the faid defend‘®*/ or one of them/ And fo hath this Depot and the reft of the viewers therof fett Down/ vnder ther handes/ and markes in A memorandum therof made in the defend‘®* booke in Julye laft paft/ as by the fame maye appere/ And further faith that the faid defend'’* or one of them haue beftowed in further building & Reparacions of the Theater there [& other the houfes in hollywell aforefaid (stricken out)] win this vj or vij weekes paffed/ to the value of xxx or xl" as this depot dothe eftymate the fame/ And for any coit & charges beftowed vpon the premiffes or vpon any part therof/ ether by the forefaid Jo. Brayne deceffed before he dyed/ or by his Wyfe the now comp! fins his deceffe/ he faith he can fay nothing/ Only he Remembreth that the faid Braine being partener (as he tooke him) wt James Burbage now one of the defend'*s/ of & in the premiffes/ payd this depot for fome work w‘" this depot did vpon the fame premiffes before he dyed the fome of xl*, [at fondrye tymes (stricken out)]/ at the leaft xiiij yeres paffed/ Vpon the reft of the Jnterrogatories he is not ex’ by the dyrec- cion of the faid defend‘’*/ or of one of them/ [His mark] /K 76 The First London Theatre oe Rychard Hudfon of Puddyng lane london Bricklayer of the age of xxxj yeres or theraboutes fworne and ex’ the daye & yere aforefaid &c To the firit Jnterrogatory. That he did know Johne Brayne deceffed named in this Jnterrogatory/ And knoweth all the parties p' and defend'**/ And faith that he knewe the faid Jo. Brayne about ij° yeres before he dyed/ And hath knowen the comp! and the defend‘’s about A dofen yeres/ To the 5. that he was one emonges others/ that in Julye laft pait/ did Survey and view the new buildinges and the reparacions done by the now defend‘ or by one of them/ in & vpon certen decayd houfes & places in hallywell nere fhordiche w‘out Bifhops gate london/ And faith that in ther Judgem' they could recone it to no leffe then CCxl' or theraboutes/ as by A memorandum vnder ther handes and markes written in the defend'’® Book of the fame/ may more plainely appere/ And further faith that the faid defend*es or one of them haue fins that view beftowed in further building & repairing of the Theater or playhouffe there/ wherin he this depot was one of the workmen/ to the value of xxx" or theraboutes/ And faith that he cannot tell what fome of money the faid Brayne/ in his lyf tyme or his wydow the now comp! fins his decefe paid for or towardes the building or Repayring of the faid Theater/ and other the premiffes/ But he faith that he did heare faye, that the faid Brayne/ and James Burbage now one of the defend‘®* were parteners together of the fame Theater & other the premiffes/ Vpon the reft of the Jnterrogatories he is not ex’ by the dyrec- cion of the defends or of one of them./ [Signed] Richard hudfone William Clerke of Mugwellftreete w'tin Cripple gate london plafterer of the age of 1xxij yeres or theraboutes fworne & ex? the daye and yere aforefaid &c To the firit Jnterrogatory. that he did not know Jo. Brayne named in this Jnterrogatory/ nor his wydowe the now Comp! and of the ij° defend*e* he knoweth ii 78 Charles William Wallace but James Burbage the ffather/ and hath known him about xiij or Xiiij yeres/ To the 5. that he was one emonges others, that at the Requeft of the faid James Burbage, did in Julye laft paft view the new buildinges and reparacions of certen decayed howfes in hallywell nere fhordiche/ w'out Biffhops gate london/ holden of one M* Allen there/ and they did judge in ther confcience that the charges of the fame did amount to no leffe then CCxl' at the leaft/ as they did then vnder ther handes and markes fett down the fame in A -Memorandum wrytten in the defendantes booke as may appere by the fame/ And to the reft of this Jnterrogatory he faith he cannot certenlye depofe/ Vpon the reft of the Jnterrogatories he is not ex’ by the direc- cion of the defend‘®* or of one of them/ [His mark] + BURBAGE VU. BRAYNE Idem, Bdl. 226, No. 10. Michaelmas, 33 and 34 Elizabeth, and Trinity, 34 Elizabeth (1501-92). [Two skins of Interrogatories, one of them being for Hynde alone, attached to seven paper sheets of depositions. ] INTERROGATORIES Jurata coram me Thoma Legg 8° Maij 1592 Willms James Juratus 25° Julij 1592 coram Jo. Hone Articles to be mynyiftred to Ellyn Gafcon late, wief of W™. White [James Norman (stricken out)], Henry Bett, [John Meade, Thomas Rum- ney (stricken out)], John Hynde and others vpon the parte and behaulf of James Burbadge Complaynante againft Margaret Brayne widdoe, and Robert Myles Gouldimythe defend'®. 78 ie) « The First London Theatre 79 1. Imprimis did yo" knowe John Braines whileft he lyued. And whither do yo" knowe the parties plaintife & defend'* And how longe haue yo" knowen them. . Item what fome of monye did the faid John Braines and Robert Myles owe to Noble, or White. And for what caufe was the fame due. And whither was yt for Tymber and certaine worcke & frames errected in the Inn called the George in whitechappell. And whither did the plaintif Burbage become a fuertie for the fame. Yea or no. . Itm did not the faid Braines and Myles promise to the faid white. That he fhuld difpoafe haue and hould a Myll howfe fcituat in the faid Inn vntill he had levied the faid debt at v." yerlie. Or els that the faid White fhuld haue the rent of v." yerlie out of the fame Myll howfe. And whither did the faid Myles and Braines {fpeake to yo" to entreat the faid White to accept the fame. And how came yt to pafe that the faid white had nether the Mylhowfe nor rent. . Item was not the faid white offended therw™. And did not he thervpon take out proces to Imprifone them and ther fureties. And whither did the faid defend*®s entreate the Compl*t to become bound in a Recognizance or ftatute for the true payem' of the mony accordinge to an order then taken. And whither did the faid white affigne and fett ouer to the Complt & to one Gardener the Bonde of the faid Myles, w a lettre of Attorney to fue them yea or no. And who now hath the fame bond & lettre of At- torney. And whither did the defend'*s promife to difchardge the p' therof Item whither do yo" knowe the hand writinge of the faid John Braine. And of Robert Myles. And whithe" is this lettre here prefente the proper hand writinge of the faid Myles. And what fome of mony did the faid Myles and Braines, or Myles him felf, fhewe yo" in ther Accomptes or confefe that the plaintif did 79 80 Charles William Wallace owe to them, as paid by them for him to one John Hynd. And whither did thei or any of them declare to yo", that the plaintif had paide to them or any of them all futch fomes of mony as had byn paid to the faid Hynd for him. And whither did Thomas Rumney fubfcribe this Bill as witnes that the mony therin ex- preffed was paid for the difchardge of the faid Myles. yea or no. And what can yo" Roger Saunders faie therin . Itm whither is this Bill of Accompt the proper hand of John Braine. And whither was the fame written after the Award made betwen the p't and the faid Braine. And what haue yo" herd the faid Braine faye concerninge the faid Arbitrement. And whither did he accompt the fame to be diffolued, & not to be performed. And what reafon had he fo to faie And whither is the fome of monye therin expreffed that w* the defend*®s do challendge as laid out vpon buildinge of the Theatre by John Braine more then the plaintife beftoed. Yea or no. . Item what and how manye deedes of giftes haue yo" knowen or haue herd That John Braine hath made of his goodes and Chat- tells. ‘To whom haue the fame byne made. How longe fythen, and for what confideracion. And whither were ther any futch made fythence the date of the faid will & Teftament of John Braine. And whither did the faid Margarett Braine notw{tand- inge the faid deedes of gift, and will, go about to take letters of Adminiftracion of the goods and Chattells w** apperteyned to her faid Hufband. And what was the cawie fhe proceded not therin as yo" thincke And whither do yo" thincke that yt was the mean- inge of Braines at his deathe, to make Myles a witnes of his Wil and laft Teftament. Yea or no. . Item to what vallewe or fome of monye doth the bondes appere to arrife vnto, the w Burbage hath difcharged fythence the deathe of Braines wherof the faid defendt ought to haue paid a Moitie. Or what fome of monye haue yo" herd, that the faid Burbadge hath paid, or is to paie for Braines, fythenc his deathe. 80 The First London Theatre 8I And what may he inftlie clayme in yo" confcience of her towardes the fame. Or what may fhe duelie challendge of him the Compl* by reafone of the Theatre. declare yo" knowledge therin, And whither haue yo" herd ther differences or Accomptes betwene them. Yea or no. . Item how longe is yt fynce That the faid Braines and Myles did abfente them feaulues for their Credito™. And how mutche monye did thei then owe. And whither were thei fo indebted for any cawfe concerninge the Theatre. to yo" knoweledge or as yo" haue herd. 7 10. Item what fome of monye did Braines confefe to yo" that he re- il. ceyved out of the Theatre. And whither did he faie that the fame did arrife to a greter or leffer vallewe, then that w™ he laid out, about the buildinge of the faid Theatre. And whither do yo" thincke, that Braine did rune into Bondes and Credite for thinges about the faid Theatre, and imployed the monye he receyved ther, about other affaires. And that he neuertheles imputed that the ground of his hinderance and lofe, was by the Theatre and the buildinge therof Item what thinge or matter Materiall do yo" knowe or can yo" declare concerninge the fomes of monye by Braine difburfed aboute the Theatre in his lief tyme Or by her the defend! fythence his death. Or of cr concerninge the will of the faid Braines. And the deedes of gift by him made. And for what vie or pourpoafes the fame were made. And who maynteyneth the futes of the faid Margaret, And for what confideracion. declare yo" knoweledge therin. And how often to yo" knoweledge is the faid Robert Myles indighted for comon Imbarracie & Adultri or as yo" haue herd, And whither was he called before the Coroners Inqueft for the death of Braine. Yea or no/ ark 82 Charles William Wallace NOTE TO EXAMINER [This note is attached in front of the interrogatories to the previous set of depositions, No. 9, in this same bundle 226, but belongs to the present set filed just after it and numbered 1o.] A Briefe noate for the eafe & {pede of the Ex- aminer, fhewing how many Articles are to be obiected to each partie, to be examined one thes Articles, & wherto thei can aunfwer. +. Imprimis to Ellyn Gafcone. I. 2. 3. 4. Item to James Norman. I. 2. 3. 4. 5. 6. 7. II. +-Item to Henry Bett. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. + Item to [John Mead (stricken out)] M* Willtam James. 1. 5.6. 7. G31. Item to [Thomas Ramey (stricken out) | and Rog* Saunders. I. 5. [Of the above witnesses, only those were examined against whose names the examiner placed a cross, as will be seen by comparing with the depositions themselves. ] ' INTERROGATORIES TO HYNDE John Hind Juratus 24 Julij 1592 Edw Hank Interrogatories to be miniftred vnto John Hinde on the behalf of James Burbage Plaintif againit Margaret Braine widdow and Robert Miles bear Clerk def Impr. whether did yo" John Hinde knowe one John Braine in his lief tyme, and whether do yo" now know the partie plaintif James ¥ Burbage yea or noe./ Itm whether did yo" John Hinde about xiij yeares paft in Anno 1579. the xxiij‘* of June abowt twoe of the Clock in the afternoone 2. fend the Sherif his Officer vnto the Crofkeys in gratious {treet 82 The First London Theatre 83 being then the dwelling howfe of Richard Ibotfon Cittizen and Bruer of London, and ther by vertue of precept to attache the bodie of this Complayn', for the fome of ffyve poundes one fhil- linge and a pennye w™ yo" John Hinde had Recouered for coftes & Charges in lawe againit the faid John Braine & the faid Comp" by a Nifi prius out of Ma‘** Benche at Weitmin/ter tried in the guildhall in London, And whether did this Compl' James Burbage fatiffie and paie vnto the faid Officer the faid fome of v'i_ 18, 14. to yo™ vie, And whether receaved yo" the faid money of the faid Officer yea or noe/. DEPOSITIONS Ex parte Jacobi Burbage querentis verfus Mar- garetam Brayne viduam et Robertum Myles de- fendentes Tefte examinatore per Henricum Johnes in Cancellaria Examinatorem/ Henry Bett of the parifhe of S' Leonardes Shorditch, in the Countie of Middlesex gen, of the age of xlij yers or theraboute, fworne and examined the Laifte daie of Septemb’, A° 1591 in the xxxiij4 yere of the raigne of our Sovereigne Ladie Quene Eliz &ct, To the firft Interrogatorie, that he hath knowen the Compl. James Burbege, about xiiij yers, and hath knowen the faid Robert Myles, and Margaret Braine the defend'*, as longe, and that he well knewe John Braine whilft he lyved, by the fpace of many yeres To the fecond iij and iiij Interr and to the matters in them Con- teyned, this depon' faith. That he the faid John Braine or Robert Myles, or both of them, were indebted to one Noble a Carpenter, for a frame for a howfe, & certaine tymber beftoed about the Inn, called the George in white Chappell, the certaine fome wherof he remembrethe not, the w™ debt one W™ white demaunded of them, by reafone that he had taken to wief, the executrix or Adminif- 83 84 Charles William Wallace tratrix, of the goods of the faid noble, And did fue the faid Braine for the fame, in her Ma'®* co™ called the kinges benche, in w™ action the faid Burbege the Compl', became baile, w™ others; and therin were overthroen & condempned/ whervpon afwell the faid Braine, as the faid Myles, did entreate this depon*. to travell to the faid white, who was then this depon‘®* Landlord, to take fome reafonable order therin, & by the appointm', of the faid Braine & Miles, this depon‘. did offerr to the faid white, the rent of a Myll howfe, beinge v." per annum, or therabout; errected in the faid Inn, to be yerlie paid to the faid white vntill the faid debt, were levied, wherby the faid Burbege might be difchardged of the fame debt; the w afwell the faid Miles, as the faid Braines, promifed alwaies to do, and to faue him the faid Burbege harmeles therin, but for that the faid v'". rent, nor the faid myll howfe were not conveyed, ouer, to the faid white ; nothinge was then done nor any conclufion made in the matter. by w*" meanes the faid White, did afterwardes pourfue the faid Braine and Burbege, w™ others, the fuerties in the faid action, & had fome of them at the laft in prifone. But for that the faid Braine was then dead; an order was taken by the faid White, w'" the faid Margaret Braine, and w' Burbege and one Gardener, that thei fhuld be bound in a ftatute, or Recognifaunce to the faid white, for the paym' of a certaine fome of monye, at certaine tymes appointed, in refpecte of the faid debt ; the w™ bond was fo made, and the bonde wherin the faid Myles and Braines, or one of them was firft bound in vnto the faid noble, for the monye for the fame frame, was affigned and fett ouer w™ aucthoretie, from the faid white, to the faid Burbege, and the reft, to fue the faid Miles for the fame yf in cafe he did not yeld fome monye for the fame frame, for that the fame came only to his handes, after the death of Braine, the w“" bond and aucthoretie (as this depon' hath herd faie) was de- liuered tu the faid Myles by the faid margaret, to prevent the faid Burbege therin, and further herin he faiethe not To the v Interrogatory this depon' faiethe, That the lettre or writinge produced & to him fhewed at the tyme of this his exami- 84 The First London Theatre 85 nacion, is the proper hand writinge of the faid Robert Miles written to the faid Burbege, the now Compl‘. this he knowethe to be true, for that he this depot at the requeft of the faid Burbege, who was moved therat, did go to conferr w* the faid miles, about the matters therin./ who did then confeffe, that the fame was his hand, & thate he did demaunde, the Moitie of the xxvj! x® 14. of the faid Burbege/ paide to the faid John Hynd in the Interr named/, by force of a precept and execucion laid on him the faid Myles as a fuertie for Braines, yt beinge alfo, the debt of the faid Burbege; acknowledginge alfo, that he had receyved vj! of the faid Burbege towardes the faid moitie, but at what tyme the faid letter was written, this depont remembrethe not, but he thinckethe yt was fince the dethe of Braine, and this depon' further faiethe That in the life tyme of the faid Braine, the faid Myles and Braines, reafoning together about dyvers matte’, in ther accomp'®, befor this depon', he the faid Myles did chardge the faid Braine that he had fufteyned dyvers troubles, for him, and recited his trouble for the faid debt, At w" tyme, the faid Braine did then afferme, before the faid Miles, That he for his parte had paid to the faid Miles, to fatiffie Hynd, the one half of the faid monye paid to Hynd & that Burbege, whom he called his brother, had fatiffied the other half alfo, and thervpon he produced a Booke of Reconinges betwene them importinge afmutche, the w** the faid Miles, did not then contradict, but rather confeffed, only reporting and ftanding vpon his trouble, for the fame. and more in this matter he now remembrethe not, but refferrethe him felf to his examinacion taken in that matter in London. To the vj Interr this depont faiethe, That the noate and fomutch of the writinge therin vndefaced now produced and to him fhewed, at the tyme of this his examinacion, is the proper hand writinge of John Braine, the w™ he well knowethe, for that he had often fene him write, and that he knowethe that Burbege did demaunde the fame fomes of monye, in the faid noate, confeffed to be by him the faid Braine Receyved, beinge 135! 1° w'* other fomes afterwardes by him Receyved, the w™ he refufed to yeld, 85 86 Charles William Wallace aunfweringe in the prefence of this depont, to the faid Burbege, that he would deteyne the fame towardes the payem* of that fome of monye, by him laide out, towardes the firft buildinge of the Theatre, the w™ the faid Braine, confeffed in A° 1582 to be but 239 — 6’ — 6? for his parte in all/ And all be it, the faid de- teyner, was contrarie to the award, w™ was made betwene them in that matter, yet he affermed, that he neyther could nor would performe the fame award: all this matter this depon' knowethe to be true, for that he hath byne often tymes required, by both the faid parties, to heare ther differences, and to write fuch matter as thei thought fitt to be equall betwene them, and further in this matter he faiethe not faving that he beleevethe that the noate and name of Rumneys, produced, to be the proper hand wryting of the faid Rumney/ To the vij Interr he faiethe, That yt was a Comon thinge, w™ the faid John Braine, to make deedes of gifte of his goodes and Chat- telles, the reafone was as this depon' taketh yt, to prevent his Credito™ afwell before buildinge of the Theatre, as fince, for he beinge redie to be imprifoned for debt he would prepare futch fafetie for his goodes, as he could/ by thofe deedes, who [sic] fomtyme were made to one Tomfon, and fomtyme to one Gar- dener, and as this depont hath herd to one m™ Afhebournham, and others: but the reafon whi thei do not challenge the fame goodes, accordinge to their giftes, this depont knowethe not, and he further faiethe, that he is perfwaded in his confcience, that yt was not the meaninge of the faid Braine at the tyme of his deathe, to make any will, nor to call Myles then, to be a witness therof, for that at his deathe (as this depon*. hath herd it credeblie reported) he charged Miles w™ his deathe, by certaine ftripes geven him by Miles who was afterwardes, called by the fute of the faid Mar- geret, befor an enqueft held by the Crowner for the Countie of Middlesex, for the enquirie therof. and alfo for that the faid Braine did walke at libertie, w'" the faid Miles by licence of ther Credito™, by force of certaine tolleracions to them made, and otherwife. 86 The First London Theatre 87 To the viij Interr and to all the matters in it conteyned, he can fay no otherwife than he hathe faid and depoafed, beinge exam- ined vpon the parte and behaulf of the faid Burbege, beinge defend‘ at the fute of the faid Margaret Braine, favinge that he thinckethe, that Braine, did Receyve more monye by a grete fome then he laid out in the Theatre, and that yt could not be his vndo- inge for he beleevethe, that he was not of fuch abillitie, as the faid Miles reputethe him to haue byne, before the buildinge of the Theatre, the rather for that he had made one or more deedes of giftes of his goodes, ether before, or in the tyme of the buildinge therof and further to this Interr faieth not To the ix he faiethe That true it is he this depot at the Requeft of the faid Brayne did write certaine peticions, for the fame Braine and Myles, to crave favore at ther Credito™ handes, to whom thei did owe about viij or ix C", the w*" was not (as he takethe it) for any matter concerninge the Theatre, but for Matters concern- inge the Inn called the george in white chappell/ and more to this Int he faith he can not certainlie depoafe/ To the x and xj articles this deponent faieth, That Braine would never plainlie declare, how mutch he had receyved concerning the Theater, for that he alledged, yf the trve vallew and fome; were knowen that yt would hardlie be allowed him but yt feemed by his taulke, that he had gayned & receyved a grete deale of monye, more then he had difburfed: But after that certaine futes were moved betwen one M* Peckham, and Giles Allen, about the in- teref{t and title of certaine Land in Hollywell, wherof the Theatre was parcell, the faid Braine did take and keepe the moft parte of that he did receyve contrarie to the forefaid arbitrem*, and femed to be careles of the fame Leafe, the rather, for that yt was mort- gaged; and would often tymes confeffe, that yf the faid Leafe might not be redemed w* the profittes therof, that yt fhould neuer be redemed for him/, and made careles and inconvenient bar- gaines, about the faid leafe, after it was mortgaged; and faith that befor the faid Leafe was conveyed to Cuthbert Burbege, the faid 87 88 Charles William Wallace John Braine died, after whofe death the faid Margaret did take vp fome monye at the plaie howfe, called the Curtine, but by what right or by whofe fufferaunce, fhe fo receyved the fame, this depon' knowethe not, and to that poinct of thes Interr about the maynte- nance of the faid Margaret Braine in thefe futes, this depont faiethe, That he can fay nothinge but he hath heard yt reported, that the faid Myles hath made great boaft, that it is he, that will maynteyne and defend her herin, al be it fhe did procure his trou- ble before the coroners enqueft and did impute to him the deathe of her hufband, and procured him to be indighted as a comon barreter, but of his owne knoweledge herin, he knoweth nothinge, nor further, Matter to thes Interr to his prefente remembraunce can declare/ [Signed] Per me Henrici Bett. Elene Gafcoyne wyfe of Percyvall Gafcoyne of london peawterer of the age of l** yeres or theraboutes/ fworn and exd the viij Daye of Maye in the xxxiiij yere &ct To the firit/ Interr/ that fhe knew Jo. Braynes deceffed/ And knoweth the now comp! James Burbage/ And knoweth Margarett the faid Jo. Braynes wydow, and alfo Roberte Myles, the nowe defend*®s in this caufe/ and faith that fhe hath knowne the now comp! James Burbage about a dozen or xiij yeres and the faid wydow braynes about the fame fpace/ but for the other defend' Myles/ fhe faith that fhe hath not known him but about x yeres/ To the 2. Int. that as fhe dothe Remember/ the faid Brayne & Myles did owe to this depo*®s late hufbande Noble/ the fome of xx! or theraboutes vpon ther bonde/ and when the faid Noble dyed/ the faid debt grew due to her fecond hufband Whyte in the right of this depot/ as Executrice of her hufbandes/ Nobles will/ And faith that the faid money grew due for Carpentrye wo'ke at the Jn wtout Allgate called the George/ w™ money/’ being vn- payed in her hufband Whytes dayes/ the faid whyte caufed the faid Brayne to be arefted for the fame/ and then vpon compoli- cion and a daye fixed for the paym' therof/ James Burbage the 88 The First London Theatre 89 now comp!/ and one Gardener were furetyes for the paym' of the fame/ and of more money w' all/ To the 3. that fhe doth well Remember/ that ther compoficion for the paymt of the faid debt to the faid whyte was v" by yere/ till the fame debt were fullye payd/ But out of what place/ or thing/ it was to be payd/ fhe faith fhe doth not fo Remember/ And to the reft of this Jnt fhe faith fhe cannot depofe/ To the 4. that true it is bothe fhe this depot and her faid hufband Whyte made many Jo'neys from ther houffe in S' Johnes {treet to the place called the Theater beyond Shordiche/ to the faid Brayne/ for the faid money/ but had it not wt the w™ this depo‘ {aid hufband Whyte was moch offended/ and in the end fewd the {aid Suretyes for the fame/ Whervpon the faid Brayne & his furetyes did compound the matter wt the faid Whyte/ & for the performaunce of ther compoficion/ they became bound to the fame Whyte ether in A Statute or Recognifaunce/ But whether her faid hufband Whyte/did affigne & fett over to the faid James Burbage/ or to any ells, the bond wherin the faid Brayne and Myles ftood firft bound for the paym' of the money wt A lettre of Atto™ney to few them thervpon/fhe faith fhe camnot certenlye depofe/ Nor more can fay to this Jnt/ Vpon the reft of the Jnterrogatories fhe is not ex’/ by the direc- cion of the faid James Burbage the now comp!/ [Her mark] x Johne Hynde of london haberdaffher/ of the age of Ixiiij yeres or theraboutes fworne and ex? the xxiiij daye of Julye in the yere laft aforefaid &ct To the firft Jnt myniftred vnto him/ that he knew Johne Brayne/ named in this Jnt whille he lieved/ and knoweth James Burbage the now comp! To the 2. that true it is he this depot about xiij yeres paft/ w™ as he thinketh was in Anno Dni/ 1579. and as he taketh it/ about 89 90 Charles William Wallace the xxiij Daye of June in the after noon/ did caufe one Saun- ders/ then one of the Setiauntes at mace to the Shyreff of london/ or his yeomen/ to arreft and attache the body of the now comp! as he came down Graces {treet towardes the Croffe Keys there/ to a Playe/ for the fome of fyve pounds & xiij’/ the w™ this depot by Ordre of lawe had before that Recovered for charges in Sute of law againft the faid Johne Brayne/ and the now comp'/ by a nifi prius tryed in the Guilde Halle/ london And the faid Saunders did accordinglie execute his precepte, vpon the bodye of the faid comp!/ ‘And whether it was that daye/ or how foon after/ he doth not now Remember/ the faid Saunders came to this depot/ and payd vnto him/ the faid fome of v" xiij* in dif- charge of the faid Recouerye/ And this is as moche as he cam faye to thefe Jnt/ [Signed] by me John Hynd William James of Chapell Hode in the Countie Dublyn w'in the Quenes Mats Realme of Jreland/ gent of the age of xlj yeres or theraboutes fworne & ex‘ the xxiiij daye of July in the yere aforefaid &ct To the firft Jnt. that he did knowe John Braynes deceffed named in this Jnt And knoweth all the parties p! and defend'/ To the 5. that he doth think he knoweth the hand wrytinge of the faid Jo. Braynes/ partlie by waye of wryting of his owne name to fome Acquittance or Acquittances/ made to this depo'/ And partlie for that about Anno 1579 he faw the hand of the faid Jo. Brayne to a dede of gyft produced by one William Thomfon of Ratcliffe before this depot when he was the lord wentwo'ths bayliffe of his Mano & libertyes of Stebneth/ this depot being then to extend the goodes of the faid Jo. Braynes/ at the Sute of one Jo. Hynde/ for xxv" x® 14 debt & damages or theraboutes Recouered againft the faid Jo. Brayne/ w™ Dede of gyft (as this depot then took it) was made by the faid Braynes to the forefaid William Thomfon/ that maryed the faid Braynes wyves Sifter/ gO The First London Theatre gI rather of purpofe to defeat and defrawde the faid Execution/ and others that afterwardes came again{t him/ then of troth or true meaning/ And therfore this depo' wold not allowe of the faid dede/ But to the handwryting of Robert Myles/ he knoweth it ‘not And more or further to this Jnt. he faith he cannot depofe To the 6. that he doth verelie think in his confcience/ that the Bill of Accompte fhewed to this depot in a Booke of Reconinges at the tyme of this his Examinacion/ is the proper handwryting of the faid Jo. Braynes/ But whether the fame Bill was written after/ or before any Awarde paffed betwene them/ he faith he cam not tell/ Nor more can faye to this Jnt./ To the 7. that he camnot tell/ nether hath he heard of any mo Dedes of Gyfte that the faid Jo. Brayne made to any other per- fone or perfones of his goodes and chattells other then he hath before faid in the 5. Jnt. And to the reft of this Jnt. he faith he cannot depofe/ To the 9 that he camnot tell how long it is fyns/ that the faid Jo. Braynes/ and the forefaid Robert Myles did abfent them felfes from ther Credito"$/ nor how moche money they owed ther Credi- to™s/ nor how ther debt grew/ But he faith that he well Remem- breth that in Anno 1582 or theraboutes/ he this depot being Bayliff of the Mano? and libertyes aforefaid/ ther was Dyrected vnto him/ at the Sute of one Anne Wilbram wydowe/ one Exe- cucion of an C! debt againft the body of the faid Jo. Braynes/ But after long travell and ferche made for the faid Jo. Braynes/ he this depot nor any vnder him could fynde him/ by reafone wherof/ he this depot was dryven to make his Reto™ne of non eit inventus/ ‘And further faith that about A° xxv‘ of her faid Ma's Reigne/ ther was another Execucion Directed vnto him/ againit bothe the faid Jo. Braynes/ and the forefaid Robert Myles at the Sute of one Jo. Banberye gentleman for Ixxx"™ debt/ by vertue wherof this depot was not onlye to extend ther goodes but alfo to attache ther bodyes/ but by reafon they both abfented gli Lael 92 Charles William Wallace them felfes/ he this depot made the lyke Reto"ne for ther bodyes as aforefaid/ But inquyred of ther goodes to that value/ and certifyed the fame accordinglie/ And what other fome or fomes of money they owed to any other perfone or perfones at that tyme/ other then he hath before faid/ he faith he knoweth not but he thought them to be gretly in debt for that Braines after- ward told him this deponent that they had a proteccion vnder S™ Water Waler knight/ Nor more canm faye to this Jnt./ To the reft of the Jnt. this depot faith that he canw fay nothing Nor more faith in this matter/ [Signed] W James BRAYNE VU. BURBAGE Idem, Bundle 228, No. 11, Hilary, 34 Eligabeth (Jan—Feb., 1591/2.). [One skin of interrogatories, with a small paper note pinned to it, ut infra. Skin good, down to Interrogatory 12; bad from there on, some portions nearly illegible. Skin thonged to 12 large sheets of paper, usual’ deposition size, bearing signed depositions, ut infra.] INTERROGATORIES. Intergatories to be miniftred on the parte & be- half of Margarett Braynes widowe Complaynant agaynit James Burbage Cuthbert Burbage & others defendantes Imprimis whether doe ye knowe the partye playntif, & the parties defendantes yea or no, Yf fo then, whether doe ye knowe of any {ute Commented by the faid Margarett Braynes againft the fayd defendauntes of & Conceareinge her tytle vnto the moitye of the Theato™ and all the howfes, and other landes and tenementes therevnto belonging in the parifhe of Saynte Leonardes in Shor- dyche in the Countye of Midlefex, yea or no. g2 The First London Theatre 93 2 Item whether doe ye knowe of your owne knowledge, or have heard faye, that divers Controverfies and Contentions weare be- tweane the fayd James Burbage and one John Brayne the late houfbande of the fayd Complaynant nowe difceafed touchinge the fayd theato™. And whether did not they fubmitt themfelves vnto the arbitrament of Certayne perfones for the pacificatione of all matters betweane them. And whether did not the fayd arbitrators awarde that the fayd James Burbadge hys executo' and affignes fhoulde enioy the one moitye of all.the profittes of the premiffes And the fayd John Brayne hys executo™ and affignes fhoulde enioye the other moitye of the proffettes yea or no. 3 Item whether did not they alfo awarde that yf occafione fhoulde be to morgage the premiffes for the borrowinge of money to pay debtes or for the perfourmeinge of any neceffarye thinge Con- cearneinge the Theato", that then bothe they fhoulde ioyne in morgage, and the money comminge and ryfinge of the profittes of the faid Theato’ to goe to the redemptione of the faid morgage yea or no. 4 Item wheather did not the faid James Burbadge and the fayd John Brayne accordinge to the faid arbitrament morgage the fayd Theato® and other the premiffes vnto one John Hyde Citizen and Grofer of London for the fome of one hundrede twentye and fyve poundes or there aboutes to be repaid at a Certaine day and tyme in the fayd morgage lymitted ye or no. 5 Item whether was the fayd Theato™ and other the premiffes for- fatid vnto the fayd John Hyde yea or no, for that he was not payed hys money at fuche dayes and tymes as was by the faid morgage agreaed vppon Yea or no. 6 Item what fomme or fommes of money was payd vnto the fayd John Hyde by the faid John Brayne and the faid James Burbadge in the lyf tyme of the faid John Brayne before the forfature of 3 8 Io 94 Charles William Wallace the premiffes and what fomme or fommes of money was left vnpayed at the tyme of the death of the faid John of the afore- fayed fomme, fo’ the w yt was morgaged for & what ys paid fythens his death. Item whether did not the faid John Hyde often tymes faye vnto the faid John Brayne and the faid James Burbage and vnto the now Complainant and to others that if he were payde his monye that was dewe and confideracion for the forbering of hit that he woulde never take any advantage of the faid forfature/ Item whether did not the faid John Hide promiffis vnto the faid Complainant that yf he were payde his monye that then he woulde affure the premiffes vnto the faid Complainant and vnto the faid James Burbage becaufe he had hit from the hufbonde of the faid Complainant and the faid Burbage and nowe by the death of her hufbonde his parte belongeth to the faid Complainant and the rather to for [sic] that he was payde all his monye favinge Thyrtye poundes or thereaboutes in the life of the faid Brayne/ Item whether did not the faid Margarett Brayne offer to paye the faid thyrtye poundes vnto the faid John Hyde if he woulde reaffure the premiffes over to her and if he woulde fo doe fhe woulde be bounde to convaye over a moitye therof vnto the faid James Burbage in faying that althowgh Burbage woulde defeate her of her righte yet fhe woulde not fo deale with him And what aunfwer made the faid John Hide thervnto/ Item whether did not the faid James Burbage of purpofe detayne the proffites of the premiffes in his one handes of purpofe to make a forfature vppon the morgage ye or no And whether did not the faid James after the death of Braynes vtterly denye the faid Complainant to receaue any more proffites of the premiffes Con- trary to the Arbitramente wherby the faid John Hyde was not payde his monye accordinge to the faid Arbitramente with the proffites of the premiffes as oughte to haue binne by the awarde/ 94 ttt pai The First London Theatre 95 11 Item whether did not the faid James Burbage intreate the faid John Hide to convaye the premiffes vnto Cutbarde Burbage his fonne of porpofe to defeate the faid Complainant of her moyetye in the premiffes ye or no, if fo then whether did not the faid John Hyde faye that fhe fhowlde haue her moyetye before he woulde convaye the premiffes excepte both the faid James and the faid Cutbarde woulde promiffe that fhe fhoulde haue her moyetye and righte at there handes. ye or no/ 12 Item whether did not the faid James and Cutbert often tymes promiffe the fayd Complaynaunt that fhe fhoulde have her moitye in the premiffes, and for that purpofe he fuffered her to enioye yt and after putt her mofte vnconfcionablye from yt./. 13 Item whearas there was an order the thirteanthe of November in the two & thirtythe yeare of the Queanes M** raigne made in the Chauncerye betweane the faid James Burbage Cuthbert Bur- bage & others defendantes and the faid Margarett Braynes Com- playnant that eche partie and their affignes fhoulde performe an arbitrament made Concearneinge the premiffes, and wheather did not the fayd Margarett Braynes fo" her parte come divers tymes to the theato™ & other the premiffes to entreate the fayd James Burbage and the fayd Cuthbert Burbage that fhe might enioye he’ moitye of the premiffes accordinge to the arbitrament & order thearin taken and what weare the {peaches of the faid James, Cuthbert & Richard Burbage therevnto to your remembraunce, And what do you knowe thearin fpeake yo™ wholl knowledge/ 14 Item what fomme or fommes of money or other profittes hathe the faid James Burbage and Cuthbert Burbage receeved for the Theator and other the premiffes fithens the laft accompte or reconeinge made betweane the fayd John Braynes & James Bur- bage to your knowledge or remembraunce, and what you knowe thearin, fpeake yo" wholle knowlege And what yo" thinke the faid John Braynes beftowed in buildinge of the Theator [for his 95 96 Charles William Wallace parte] and what money is dewe vnto him by any of the Burbages to yo" knowledge Scott [Attorney] [Pinned to this skin of Interrogatories is a slip of paper addressed to Mr. Henry Jones, examiner, by Dr. Legg, Master in Chancery, as follows :] Mr Jones Mt D® Stanhope & I are defyrous that yow take y® examinacons of fuch witnefes w™ fhall be fent to yow in a caufe betwen widowe brayne pl. & two burbadges defendantes. [Signed] Tho Legge [On the upper left corner of skin is the note of three of the four exami- nations, as follows:] Joannes Hyde iuratus 29 Januarij 1591 Radulphus Myles iurat/ 29 Januarij I5901 Tho Legge Nicholaus Bifhopp iuratus 29 Januariy 1501 Tho Legge DEPOSITIONS Refponfio Nicholai Biffhoppe ad ar!* Margarete Braynes querentis verfus. Jacobum Burbage et Cuthbertum Burbage defendentes/ per ordinem Curie capta per Henricum Johnes in Cancellaria Examinatorem/ Nicholas Biffhope of the parifhe of whyte chapell wtout Allgate london Sope maker/ of the age of xxxij yeres or theraboutes fworne and ex? the xxix daye of Januarye in the xxxiiij yere & ct? To the firft Jnt. that he doth know all the parties plaintif and defend'**/ And knoweth ther is Sute betwene the faid parties/ 96 The First London Theatre 97 for and concerning matter of the Theater at Hallywell/ the par- ticularitie wherof he knoweth not/ To the 2 that he doth knowe ther was fome Sute betwene James Burbage one of the now defend'es/ and Jo. Brayne deceffed the late hufband of Margarett Brayne/ in matter concerning the {aide Theater/ And to the reft of this Jnterrogatory he faith he cannot depofe/ To the 3 that he is ingnorant To the 4 that he is ingnorant To the 5 that he is ingnorant To the 6 that he is ingnorant To the 7 that he can fay nothing To the 8 that he can fay nothing To the 9 that he can fay nothing To the 10 that he can fay nothing To the 11 that he can fay nothing To the 12 that he is ingnorant To the 13 that he doth Remember he hath fene fuche an ordre as in this Jnt. is mencioned/ for the performance of fuche an Arby- tryment/ And doth know that the faid Margaret Braynes w* one Robert Myles came at feuerall tymes to the faid Theater & namely vpon one of the playe dayes and intreated James Burbage one of the now defend'e* that fhe might enioye her Moytie of the premiffes according to the Awarde/ and Ordre of the Chaun- cerye/ And the anfwer w** James Burbage made therunto/ was 97 98 Charles William Wallace that before fhe fhuld haue any thing to do there/ fhe fhuld fhewe good ordre for it/ and then the faid Myles fayd that he had a fufficient ordre of the Chauncery for the fame/ & fhewed him fome papers/ and then the faid James Burbage called his Rafcall &knave/ and fayd that before he wold lofe his poffeffion/ he wold make xx contemptes/ and then/ the wyfe of the faid James/ and ther yongeft fone called Rychard Burbage/ fell vpon the faid Myles & beat him and drave both him and the comp! away/ faying that yf they did tarye to heare the playe as others did/ they fhuld/ but to gather any of the money/ that was gyven to [come im (stricken out)] go vpon/ they fhuld not/ And faith that Cuth- bert Burbage the other of the defend'** was not there/ to his Remembraunce/ To the 14. that he [is] vtterlye ingnorant/ Nor more can faye to all the faid Jnterrogatories/ [Signed] Nicholus Byfhop John Allen of the parifhe of St Buttolles w™out Bifhops gate london Jnholder of the age of xxxv yeres or yeraboutes fworne and ex? the vj daye of ffebrwary in the yere aforefaid & ct’. To the firft Jnt that he doth knowe all the parties plaintif & defend'®s named/ And knoweth of the Sute betwene the faid comp!/ and the faid defend'®* concerning her tytle in the moytie of the place called the Theater and of the houfes and tenem' longing to the fame/ in St leonardes parifhe in Shordiche nere london/ To the 2. that he doth knowe that whille the now compl** late hufband Brayne lyved/ the originall of the faid Sute and contro- uercyes began betwene him & James Burbage the one of the now defend'**/ for & about the intereft & tytle w™ the faid Brayne had in the faid Theater & premiffes/ And faith that he hath crediblie heard/ and beleveth to be true, that for A quyet end & order to be had in the faid Sute & controvercie then betwene them/ they did fubmitt themfelfes to the Arbytryment & Award 98 The First London Theatre 99 of indyffrent ffrendes/ and that they made and Award in the fame betwene them/ the certentye wherof he knoweth not/ But he hath heard it fayd/ that they Awarded the one half of all the profittes growing by & of the faid Theater to the faid Brayne his executo™ & affignes/ and the other half to the faid James Bur- bage/ his executo™ and affignes/ To the 3. that he is ingnorant To the 4. that he hath heard James Burbage the one of the now defend'’* faye & affirme/ that he and the faid Johne Brayne did Morgage the faid Theater and the forefaid premiffes/ to John Hyde named in the Jnt/ vpon the fome of one hundreth twentie and fyve poundes or theraboutes/ To the 5. that he hath hearde both the faid James Burbage/ and the now comp! faye & afferme that the faid Morgage fell forfetted to the said Hyde/ for the not repaym' of the faid Cxxv" at the daye fixed for the repayment therof/ by the faid Morgage/ To the 6. that he is ingnorant To the 7 that he cam fay nothing To the 8. that he can fay nothing To the 9 that he can fay nothing To the to. that he doth think in his confcience/ that the faid James Burbage did detayne the profittes of the premiffes in his own handes of purpofe/ that the faid morgage fhuld be forfetted/ And after the death of the faid Jo. Brayne/ did vtterlye deny, that the now comp! fhuld receyve & have any more benefitt or profitt of the fame/ contrarye to the forefaid Awarde/ So as therby the faid Hyde was not payd his money wt the proffyttes of the premiffes/ as it was truelie ment and intended by the faid Award/ To the 11. that he can fay nothing 99 100 Charles William Wallace To the 12. that he knoweth not whether the faid defend‘es did promiffe the comp! that fhe fhuld haue the Moytie of the profittes of the premyffes/ But he faith that he well knoweth that fhe had for a tyme, her parte in the premiffes and did enioye it/ but how afterwardes fhe was put from it/ he faithe he knoweth not/ otherwyfe then as he thinketh/ by the wrongfull dealing of the defend*e*/ wt her/ To the 13. that he doth knowe/ that after the compl'¢* hufband Brayne dyed/ And yt Sute followed afterwardes betwene her then wydowe/ and the faid defend‘’* concerning her tytle by her hufbandes death to the one half of the profittes of the faid Thea- ter/ in the Chauncerye/ the faid Co'te of Chauncerye made an Ordre/ that afwell the defend'®* as the faid comp! fhuld on ether of ther partes/ performe the Arbitrym' & Award w™ had bene made before that/ betwene the faid Jo. Brayne/ and the faid James Burbage/ w* was/ as is beforefaid/ that ether of the faid Jo. Brayne/ and James Burbage/ fhuld by even porcions devyde the proffittes and benefitt Ryfing by the vie of the faid Theater/ betwen them/ ther executo™ and affignes/ And faithe that he hath fene the fame comp! wt one Myles come Dyvers tymes to the faid Theater/ & hath defyred the faid defend'**/ that according to the faid Arby- trament & Ordre of the Chauncerye/ fhe might take Receyve and enioye her Moytie of the faid profittes/ And the faid defend‘ and one other of the faid James Burbage fones called Ry. did raylle vpon the comp'/ and the faid Myles & wt vyolence Drave them out/ [And fayd that they wold not leave the poffeffion of the (stricken out)] faying that fhe fhuld haue no Moytie there/ And then this depot/ being there/ did as a fervaunt wifhe the faid James Burbage to [take hede (stricken out)] haue A con- fcience in the matter faying vnto him/ that he him felf knew that the woman had A right in the fame by her hufband/ and y* it was » her hufbandes welthe that builded the Theater/ as every bodye knoweth/ and he then did anfwere/ hang her ho" qd he/ fhe getteth nothing here/ lett her wyn it at the Commen lawe/ and bring the Shiref wt her to put her in poffeffion/ and then he wold 100 The First London Theatre IOI tell her more of his mynde/ Then this depot told him that thoughe he overreached her hufband being but a plaine & fymple man/ yet fhe being enforced to feke remeadye againft yo"/ hath the Chauncerye being the highest co'te and A cote of confcience on her fyde and hath an Ordre out of the fame to haue her moytie therof/ Confcience qd he/ godes blood what do yo" tell me of Conicience/ or Ordres/ No qd this depot/ Remember yor felf well/ ffor yf my lord Chauncello"/ make an Ordre againft yo"/ yo" were beft to obey it/ otherwyle it will prove A contempt/ and then yo" fhall purches my lord Chauncello™s Difpleafure/ and he made an{were that he cared not for any contempt/ faying/ that yf ther were xx contemptes/ and as many Jniumccions he wold w'itand them all/ before he wold lofe his poffeffion/ And further faith that/ when this Depot about viij Daies after came to him for certen money w™ he deteyned from this depot and his fellowes/ of fome of the Dyvydent money betwene him & them/ growing alfo by the vfe of the faid Theater/ he denyed to pay the fame/ he this depot told him that belike he ment to deale w* them/ as he did wt the po™ wydowe/ meaning the now comp!/ wifhing him he wold not do fo/ for yf he did/ they wold com- pleyne to ther lorde & M’ the lord Admyrall/ and then he in A Rage litle Reuerencing his hono’/ & eftate/ fayd/ by a great othe/ that he cared not for i1j of the beft lordes of them all/ And further faithe/ that at the tyme when the comp! and the faid Myles Requyred (as is beforefaid) her Moytie of the faid Theater & premiffes this depot found the forefaid Ry. Burbage the yongelit fone of the faid James Burbage there/ wt A Broome ftaff in his hand/ of whom when this depot afked what {turre was there/ he aniwered in laughing phrafe hew they come for A moytie/ But qd he (holding vppe the faid [/taff of that {tuck in the (stricken out)] broomes staff) I haue, I think deliuered [them (stricken out)] him A moytie wt this & fent them packing/ and then this depot fayd vnto him & his ffather/ that the faid Myles might haue an Accion again{ft the faid Rychard/ Tufche qd the father/ no J warraunt yo" but where my fone hath now beat him hence/ my fones/ yf they wilbe Rueled by me/ fhall at ther next coming pro- IOI 102 Charles William Wallace vyde charged Piftolles wt powder and hempfede/ to fhoote them in the legges/ But to his Remembrance he faw not Cuthbert the other defend‘ there/ To the 14. that he knoweth not whan the laft Accompte was made of the profittes of the faid Theater betwene the faid James Bur- bage/ and the faid Jo. Braynes/ But he faithe/ that for thefe v. yeres he verelie thinketh that the faid James Burbage hath Re- ceyved at the leaft of the profittes of the faid Theater & other the premiffes to the fame belonging/ an hundreth poundes or CC markes by yere/ for his owne fhare/ And more he faith not to all the faid Jnterrogatories/ [Signed] Jo® Allein. Raphe Myles of london Sope maker/ but free of the company of the Gold fmythes/ of the age of xxvij yeres or theraboutes fworne & examyned the x Daye of ffebruarye in the yeare afore- faid & ct™ To the firft Jnt that he doth knowe all the parties p! and defend'e’ And knoweth that ther hath bene & yet is Sute & contrauercye betwene them/ for the one half & Moytie of the Place called the Theater at Shordiche nere london/ & of the howfes & tenem'* longing to the fame/ To the 2. that he hath heard by credible report/ and beleveth to be true that ther was controvercye and contencion/ betwene Jo. Brayne deceffed the late hufband of the now comp!'/ and James Burbage one of the now defend'’*/ touching the faid Theater/ And that they fubmitted them felfes to the ordre and Arbitryment of certen perfones for the pacyficacion therof/ to witt one John Hill/ and Richard Turno™ And that they made an Award be- twene them in Julye 1578. in the xx yere of her Mat’* Reynge/ by w* Awarde/ they ordred that the faid Jo. Brayne his executo™ & affignes fhuld haue & enioye the one half or moytie of the Rentes and profittes Ryfing and growinge of the faid Theater & of the howfes & buildinges therunto belonging/ and the faid James Burbage his executo™ and affignes to haue & enioye the 102 The First London Theatre 103 other half or moytie of the premiffes/ wt Dyvers other cove- nantes as by the fame Award maye more at lardge appere/ w™ this Depot hath redd/ To the 3. that the faid Arbitrato’s did alfo award/ that yf occafion fhuld move them to borow any fome of Money for the paymt of ther debtes owing for any neceffarye vie & thing concerning the faid Theater/ that then the faid James Burbage and the faid Jo. Brayne/ fhuld Joyne in pawning or morgage of ther eftate & intereft of & in the fame/ and the money that fhuld ryfe of the Rentes and proffittes of the fame Theater & of the howfes apper- teyning therunto/ fhuld go to the Redempcion of the faid Mor- gage/ The w™ Morgage being redemed/ and fuche debtes as then were owing dew for & about the matter of the faid Theater being payde/ that then the faid Jo. Brayne his executo™ & affignes fhuld take haue & enioy to his owne vife/ all the profittes of the faid Theater till he were fatiffyed of fuche fome of money as the faid James Burbage was owing vnto him for and in liew of fomoch more money lade out & defrayed by him vpon & about the faid Theater/ then the faid James Burbage had lade out in the fame/ To the 4. that he doth knowe/ that for the fome of one hundreth twentie & fyve poundes/ or theraboutes/ the faid James Burbage and John Brayne did morgage ther leafe & intereft of the faid Theater & of the premiffes longing to the fame/ to Jo. Hyde grocer named in this Jnterrogatory/ To the 5. that he hath heard faye/ that the faid Morgage fell for- fetted to the faid Jo. Hyde/ for that the faid money was not repayd vnto him at the dayes lymytted for the paym* therof/ To the 6. that he hath heard the faid Jo. Hyde confeffe and affirme after the deceffe of the faid Brayne that he was fatiffyed of all the money w™ he lent vpon the fame Theater [w? the intere{t 103 104 Charles William Wallace therof, in the lyf tyme of the faid Jo Brayne (stricken out) ] fav- ing the fome of xxx" or theraboutes/ as he Remembrethe/ To the 7. that he hath heard the faid Jo. Hyde promes to the now Comp! the faid Braynes wydow fyns her hufband dyed/ in the prefence & hearing of this depot and others/ that yf he were payd -the money that was behynde vnpayd/ of the fome w™ he lent vpon the faid Morgage/ he wold never take any advantage of the furfetture of the faid Morgage/ To the 8. that he hath heard the faid John Hyde promife the faid comp!/ in the prefence & hearing of the forefaid perfones/ that yf he were payd his money behynde vnpayd/ he wold deliuer vppe the leafe that laye forfetted in his hande/ to her & the faid James Burbage/ as it was morgaged vnto him by the faid Burbage & her hufband Brayne/ To the 9. that he was prefent wt others/ whan the faid Comp! the wydow Brayne/ offred to the faid Jo. Hyde/ that yf he wold deliuer vppe the leafe vnto her/ fhe wold make fhyft for the money that was behynde/ and wold be bounde to affure to the faid James Burbage, the one half therof/ although he went about to do her wrong in it/ Wherunto the faid Jo. Hyde made an- fwer/ that he wold not fo do/ but whan qd he/ I haue my money/ I will deliuer it vppe to yo" both/ as I had it of yo" hufband & him/ and then fhe told him faying/ M* Hyde yf yo" do otherwylfe/ yo" do vndoe me/ ffeare not M"** Brayne (qd he) I wilbe as good, as my worde whan I am payd my money/ ffor had it not bene for yo" hufband whom I knew to be of Creditt/ I wold not haue delt wt the other/ or wo'des to this effecte/ To the 10. that he did heare faye fyns the deceffe of the faid Brayne/ y* the faid James Burbage did earneftlie pwrfuade the faid comp! to beftow all the money that fhe was hable to make in reparing and building about the faid Theater/ and in that refpecte 104 The First London Theatre 105 he fuffred her A certen tyme/ to take & Receyve the one half of the profittes of the Gallaries of the faid Theater vntill fhe had {pent & beftowed vpon the fame/ all that fhe had Receyved and A great deale more/ And then on a foden he wold not fuffer her to receyve any more of the proffittes there/ faying that he muft take & Receyve all, till he had payd the debtes/ And then fhe was conftrayned as his fervaunt/ to gather the money/ & to deliuer it vnto him/ and fhortlie after/ he wold not fuffer her any waye to medle in the premiffes/ but thruft her out of all/ and fo vfeth her to this Daye/ againft Dyvers Ordres out of the Co'te of Chauncerye/ in verye contempcyous fort/ To the 11. that he can fay nothing To the 12. that he can fay no more then he hath before faid to the x Jnterrogatory/ To the 13. that he doth knowe/ ther was fuch an Ordre/ & to the fame effecte/ as in this Jnterrogatory is mencioned/ the w™ Ordre the faid comp! being verye willing to performe the fame/ went Dyvers tymes wt fondrye her frendes and neighbo™ to the now defend'’s/ and demaunded of them her moytie of the Rentes and profittes of the faid Theater & premiffes according [to] the faid Ordre/ and they did vtterlye deny fo to do/ in the hearing of this depot and others of credit and reputacion/ the faid James Burbage faying he wold obey no fuche Ordre/ nor cared not for them/ Revyling the comp! wt termes of Murdring ho™ & other- wife & chardged her & her companye to get them of his grounde/ Or elles he wold fett them of wt no eafe/ At w‘ tyme Cuthberde Burbage the other defend' came to them/ and then the faid comp! demaunded of him/ the performance of the faid Ordre/ and he made anfwer/ he wold not ftand to any fuch ordre/ and willed her & her company to gett them thence faying thow haft nothing to do here/ nether fhalt thow haue any thing to do here/ and fo wt moche threatening and manacyng, fhe and her com- panye went awaye/ 105 106 Charles William Wallace To the 14. that he hathe heard faye by credible reporte/ that the faid James Burbage/ & his affignes & fervauntes/ fyns the deceffe of the faid Jo. Brayne/ hath Receyved great fomes of money/ to the value of feaven or eight hundreth poundes/ of Rentes and proffittes growing of the faid Theater and the appurtynances longing & adioyning to the fame/ & deteyneth in his & his fones handes/ afwell the comp"** part/ w™ fhe ought to haue both by the faid Awarde/ and ordre of the Chauncerye/ as ther owne/ to the po™ womans vtter fpoyll & vndoing/ her faid hufband having beftowed & lade vppon the fame (well known to them that knewe him) vj or vij@i more/ then the faid James Burbage did/ Soas by this gt wrong myniftered by the defend*’® to the now comp'/ the comp! being indebted abrode to the value of foure or fyve hundreth poundes/ fhe is enforced to hyde her felf/ and to lieve in gt myferye/ But whan the laft Accompt was made betwene the faid Brayne and the faid James Burbage/ he knoweth not/ But he faithe that it doth appere by the Booke of Reconing of the proper hand wrytinge of the faid Brayne/ made betwene him and the faid Burbage in his lyfe tyme/ that the faid James Burbage was then in his debte of the one moytie of CCxxxix" & od money/ And otherwyfe to this Jnt. he faith he camnot de- pofe/ Nor furth" faithe in this matter / [Signed] per me Raphe Miles Johne Hyde of london Grocer/ of the age of Ix yeres or thera- boutes fworne and ex? the xij daye of ffebruarie/ in the yere aforefaid & ct* To the firft Jnt. that he doth know all the parties plaintiff & defend'e* named in this Jnterrogatory/ And faith that he hath heard of Sute and controuersy depending betwene the faid par- ties/ for & concerning the Theater beyond Shordiche wout Biffhops gate london/ the certentye of w™ Sute/ he cannot depofe To the 2. that he did heare fay/ that in the lyfe tyme of John 106 The First London Theatre 107 Brayne deceffed/ the late hufband of the now comp! ther was fome contencion/ and controuercye betwene him and James Bur- bage one of the now defend*’* Concerning the faid Theater/ But what end the fame contencion took/ he faith he is ingnorant To the 3. that he is ingnorant To the 4. that true it is/ the faid James Burbage and the faid John Brayne did Joyntlie Morgage the intereft they had in the faid Theater to this depot vppon & for the fome of Cxxv" as he doth now Remember or theraboutes/ to be repayd at a yeres end as [this deponent] doth now call to mynde/ To the 5. that for nonpaymt of the faid money they forfetted the faid Theater to this depot/ and fo remayned forfetted vnto him feuerall yeres/ To the 6. that nether the faid James Burbage/ nor John Brayn payd vnto this depot any part or parcell of the faid money ether before the faid forfetture/ nor long after it was forfetted/ Nor how moche was left vnpayd of the fame at the death of the fame Jo. Brayne/ Nor how moche therof hath bene payd fyns his deathe/ To the 7. that it is verye true/ that he this depot/ did many and fondrye tymes tell bothe the faid Jo. Brayne/ the faid James Bur- bage/ the now comp!/ and others her ffrendes/ that yf he this depot were payd his money that was behynde due [and fome reafonable confideration] for the forbearing therof/ that he wold never take any advantage of the faid forfeture/ To the 8. that it is true indede/ he this depot did dyvers tymes tell the now comp!/ that yf he were payd his money/ he wold make over the faid Theater to her and the faid James Burbage by caufe her hufband & the faid Burbage did Joyntlie Morgage it vnto him/ And this anfwer he this depot made vnto the faid comp’, fondrye yeres/ and at the laft he told her that fyns he had forborne his 107 108 Charles William Wallace money fo long/ he could do it no more/ fo as they that came firit to paye him/ fhould haue it of him/ as he doth now Re- member / To the 9. that it maye be the faid comp! did offer this depot the money behynd vnpayd vnto him/ of the faid Morgage/ ffor fhe came many & often tymes vnto him concerning the fame/ but in troth he doth not Remember fhe made him any fuche offer/ But he faith that yf fhe had/ and had performed the fame/ he wold rath’ have put it over vnto her/ then to the faid Burbages/ ffor that fhe did greatlie complayne vnto him/ that James Burbage did her wrong/ & foght to put her from it/ And faith that to his Remembrance/ he did not heare her faye that yf this Depot did put it over to her/ fhe wold be bounde to convey the one Moytye of it to the faid James Burbage/ And otherwife to this Jnter- rogatory he faith he cannot depofe/ To the 10. that he cam fay no more/ but that he did heare faye/ y' the faid James Burbage after the death of the faid Jo. Brayne/ dyd denye/ the comp! to receyve any of the profittes of the faid Theater / To the 11. that true it is/ the faid James Burbage was fondrye tymes in hand wt this depo‘, that vpon the paym' of the money behynde and fome confideracion for the forbearing therof/ he this depont fhuld convey over the premiffes to his fone Cuthbert Burbage/ and this depot was verye loth fo to do/ wout the con- fent of the comp!/ And at the laft he and his fone brought to this depot A lettre from one M* Cope one of the Lord Treaforo" gentlemen/ the faid Cuthbertes M*/ that he this depot wold at his Requeft and as he might be able to do this depot any frend- fhip or pleafwre in any his occafiones to his lord & M’/ fhuld convey over his intereft of & in the premiffes to his fervaunt Cuthbert Burbage the fone of the faid James vppon the paym' of fuche money as was due vnto him & vnpaid/ and vpon fome con- fideracion for the forbearing of it/ And this depot (partlie at 108 ———— ee The First London Theatre 109 the faid gentlemans Requeft/ and partlie at inftant entreatye of the faid James Burbage & his faid fone) did indede vppon the conlideracions aforefaid convey over the premiffes to the faid Cuthbert/ But whether this depot faid vnto them that he wold not fo do/ except the comp! had her moytie in the fame/ or not/ he doth not Remember/ But he well Remembreth/ that he wilfhed the faid Burbages to do the comp! no wronge/ her huf- band was dead/ & had left her in g* lack/ and that he did vndoe him felf/ by entring in the doinges of the Theato"/ and they faid/ & many tymes haue faid/ that they wold do her no wronge/ To the 12. that true it is, the faid Burbages did promes this Depot that took what was the compl*'’* right & due to haue/ that fhe fhuld haue it at ther handes To the 13. that he can fay nothing To the 14. that to the firft poynt of this Jnterrogatory he faith he can fay nothing/ And to the fecond poynt of the fame he faith/ that he doth thinke that when the faid Braynes entred into the Accion of the faid Theater/ he was wo'th fyve hundreth poundes at the leaft and by commen fame wo'th A thowfand markes/ and A man well thoght of in london/ And this depot verelie thinketh he beftowed the fame/ or the moft part therof vppon the fame Theater/ to his vndoing/ And to the laft poynt of this Jnterrogatory he faith he cannot depofe/ And more he faithe he camnot faye to all the faid Jnterrogatories/ [Signed] per me John Hyd grocer BRAYNE VU. BURBAGES Idem, Bundle 228, No. 10, Hilary and Easter, 34 Elizabeth (Feb., April, May, 1592). [Four skins of interrogatories—one to John Hyde, one to Nicholas Bishop, one to Ralph Miles, and one to John Allen—thonged in this order to the depositions, which are incorrectly arranged in the following order— Bishop, 2% sheets, Miles, 3 sheets, Allen 2, Hyde 1. 109 110 Charles William Wallace The following transcripts are arranged, however, in the chronological order in which the depositions were taken, which is also the order of the interrogatories—Hyde, Bishop, Miles, Allen—the interrogatories to each being placed immediately before the answers to it, as the more convenient. These four depositions, taken in behalf of the Burbages, are in effect the cross-examination of the plaintiff’s four principal witnesses. ] INTERROGATORIES TO HYDE Articles to be miniftred to John Hyde Citezein and grocer of London as followeth. ex parte Jacobi Burbage et Cuthberti Burbage. Impr whether are you John Hyde examined in the Courte of Chauncerye in and vpon the Queftions and to thefe matters follow- inge, or to Articles to theffecte thereof, And whether haue yow declared yo" knowledge and confcience therein yea or no. Bothe how and of whome yow had the Leafe of the Theater to yow conveyed/ And vpon what confideracion And that before yow did grauntt the fame to Cuthbert Burbage yow did repute the fame to be yo" owne duringe the faide Leafe. And that yow did not compounde w John Brayne for yor title in his life tyme, And that yow did at noe tyme receyve moneye of him by force of anye fuche Compofition And that yow at noe tyme ment or had caufe to deale w the faide John Brayne for the faide Leafe or anye parte thereof, nor w™ any other on the behalf of the plaintyfe or any for her. DEPOSITION OF JOHN HYDE Re/ponfio Johannis Hyde ad ar'® Jacobi Burbage et [Cuthberti] Burbage/ defendentum verius Brayne viduam querentum [per] ordinem Curie capta per Henricum Johnes in Canc[el- laria] Examinatorem/ IIo The First London Theatre III [This heading stricken out by the clerk on rearranging the depositions for filing. ] Johne Hyde of london grocer/ of the age of Ix yeres or ther- aboutes fworne and ex’ the xxj daye of ffebrwary in the xxxiiij yere & ct" To the firft Jnterrogatory That he hath bene ex twyce alredye before now in this Co'te in the matters in controuercye betwene the comp! & the now defend*’*/ that is to faye/ firft in the fubftance of the Caufe/ and fecondlye now of late vpon matter of contempte alledged by the comp! againft the defend'*/ wherin he thinketh he hath fayd truelye/ according to his con- fcience knowledge & Remembrance/ To the 2. that one Prvne A Broker/ was the firft man that offred the leafe of the Theater in morgage to this depot/ and after he had broght this depot acquainted wt James Burbage/ and one Jo. Brayne/ he the fayd James Burbage & Brayne did Joyntlye/ morgage to this depot the faid leafe for one Cxxv" or yeraboutes and Joyntlie they and the faid Prvne as he Remembreth did entre into bonde to this depot for the Redempcion therof/ at A daye/ but it was forfetted to this depo‘/ at the leaft v or vj yeres [first written wij or vitj yeres| or theraboutes as he Remembreth in w™ fpace/ he this depot did repute the fame leaffe to be his owne during the yeres therin then to come/ To the 3. that after the faid leaffe became forfetted to him this depo'/ Jt was agreed on both fydes/ that yf the faid Burbage and Brayne or ether of them/ did pay this depot v' A weke/ till all the forefaid Morgage money were payd/ wt fome reafonable con- fideracion for the forbearing of it/ that then they fhuld haue ther leafe againe/ w they performed by the fpace of ii1j° or v. weekes after/ but they peyformed no more/ and fo fuffred ther leafe to be ones againe forfetted to this depot/ And faithe that in troth he this depot did never compounde w' the faid Brayne for the right and intereft this depot had in the faid leafe by the faid forfetture at any tyme/ in the lyfe tyme of the fayd Brayne/ nor ever receyved any money of him to his Remembrance vpon any fuche compoficion/ And to the reft of this Jnterrogatory/ he Past 112 Charles William Wallace faith/ that he can fay no more in effecte/ then he hath heretofore depofed & fayd on the comp"* behaulf in the matter of the faid contempt/ Nor further can fay to thefe Jnterrogatories/ [Signed] per me John Hyde INTERROGATORIES TO NICHOLAS BISHOP Interrs to be mynyftered vpon the parte and behaulf of James Burbage and Cuthbert Bur- bage to Nycholas Bifhop, accordinge to an order made the xiij of Nouemb™ A° xxxiij® R™° in a cawle betwene Margaret Brayne p' & the faid Burbages defend‘. . Inprimis whither are yo" fervaunte to Raphe Myles: And whither haue yo" feene An Arbitrem' w™ one Hill and one Turner did make, betwen one John Brayne, and the faid James Burbage, about the Theatre. And what doth the faid Margaret Brayne clayme therby to yo™ knoweledge. And whither do the players of enterludes, vie to plaie in the faid Theatre vpon the fabothe day yea or no Item who placed yo" to be a Collecto" at the faid Theatre, at that tyme when Robert Myles did place Collecto™ at the doares of the faid Theatre, vnder the cullor of an order made in the Chaun- cerie, That afwell the partie p' as thes defend'’s fhould per- forme the aforfaid Arbitremt. And what were yo" appoincted to collect. Whither did the p'. at that tyme fhewe fourth the faid Arbitrem*t, Or require thes defend‘'’* to performe the fame. And whither did thes defend'’* require her to fhowe her auctoretie fhe had, and the fame Arbitrem*'. And whither did thei the faid defend*es offerr to the p!. that yf her aucthoretie were fufficient, to Collect the profittes of the faid Theatre, that thei would admitt her quietlie fo to do. What aunfwer was made therto, And who made the faid aunfwer. And whi did fhe refufe to fhew furthe any aucthoritie for her doinges to yo’ knoweledge. . Item wherin do yo" knowe that thes defend’ or any of them, hath committed any contempt, againft the Court of Chanceri or ’ I1I2 The First London Theatre 113 againit any order made in the faid Covrt. And wherin do yo" knowe that the p! hath performed the Arbitremt, And wherin haue the defend'e* broken, or not performed the faid Arbitrem*. to yo’ knowledge. . Item whither haue yo" herd Robert Myles report that the Theatre was his, And that he had moft right thervnto And that he would pull the faid defend'® out of the faid Theatre by the eares. What fome of mony hath he, or his fonne Raphe Myles reported that the fute againft thes defend'®* had coft him or them, And what fome haue thei fworne to fpend, for the removinge thes defend‘ from the Theatre. 5 Item what title or promyfe of title in the faid Theatre haue yo" herd the p! to make to the faid Robert or Raphe Myles. And what haue yo" herd them boaft thei fhuld gayne therby. And whither do yo" thincke in yo" confcience, that Robert Myles or Raphe Myles fhall haue fome intereft or profitt out of the Theatre in Lieu of ther chardges and travell after the fame fhalbe recovered from the defend'®* yea or no. . Item whither did yo" at fuch tyme as Robert Myles or the p'! place Collecto"’ at the doores of the Theatre as is aforfaid heare James Burbage faye thes wordes. Confcienc. Godes bloud what tell yo" me of confcienc or orders Or thes wordes. I care not for any contempt. Or thes wordes, I care not for i1j of the beft Lordes in England. yf yo" did heare them, then who was by and prefente when yo" herd thofe wordes. And to whom were thei fpoken. And whither were thos wordes fpoken to the playntif yea orno And whither was fhe prefente when Myles did fo often tymes come to the Theatre to demaund a moitie of the profittes therof yea or no. DEPOSITION OF NICHOLAS BISHOP Refponfio Nicholai Biffhoppe ad ar’ Jacobi Burbage & Cuthberti Burbage verfus Marga- retam Brayne viduam capta per Henricum Johnes in Cancellaria Examinatorem per ordinem Curie/ 113 114 Charles William Wallace Nycholas Biffhoppe of the parifhe of whytechapell wtout Allgate london Sopemaker/ of the age of xxx yeres or theraboutes fworne and ex? the vj* Daye of Aprill in the xxxiiij yere & ct" To the firft Jnt myniftred vnto him/ That he was never fervaunt to Raphe Myles named in this Jnt. but was & is now his partener/ And faith that he hath fene fuche an Award or Arbitryment But who made the fame/ he now remembreth not/ but he doth Re- member/ it was about the matter of the Theatre/ And faith that by the fame Awarde/ Margarett Brayne the now comp! doth clayme to haue of right the one Moytie or half of the profittes growing by the vie of the faid Theatre/ and of all fuche Rentes as do ryfe of fuche tenem‘'’* & howfes longing to the fame/ w™ profittes do ryfe by reafon of the wekelie playes & interludes that are vied to be playd there/ To the 2. that he was requefted by the faid Margaret Brayne and Robert Myles/ the ffather of the faid Raphe Myles/ to go wt them to the Theater vppon A playe daye/ to ftand at the do" that goeth vppe to the gallaries of the faid Theater/ to take & Receyve for the vie of the faid Margarett/ half the money that fhuld be gyven to come vppe into the faid Gallaries at that do"/ according to the forefaid Award/ & an order made thervpon by the co't of Chauncerye/ Requefting this depot in very earneft maner/ to refift no violence or other w'{tanding of him fo to do/ that fhuld be made to or againft him in fo doing/ by the faid Burbages/ At w™ tyme for the better auctho® of the faid Margarett fo to do/ ther was fhewed fourth in the hande of the faid Myles to the faid Burbages both the faid Arbitrym'/ and Ordre of the Chauncerye/ and requyred the faid Burbages to fuffre the performance therof/ But true it is/ the faid James Burbage & his wyfe & his fone Rychard Burbage did wt vyolence thruft this depot/ and the faid Margarett/ and Robert Myles awey from the faid do” going vppe to the faid Gallaries/ wt vehement threates & manaffing/ that yf they departed not from that place/ they wold beate them away/ And fo indede vpon fome wordes vttered by the faid Robert Myles to the faid Burbages wyffhing them to obey the faid Ordre/ 114 an The First London Theatre 115 the faid Ry. Burbage & his mother fell vpon the faid Robert Myles & beate him wt A broome ftaffe calling him murdring knave w' other vyle and vnhoneft wordes at w‘" tyme the faid James Burbage told the faid Robert Myles/ that he had but A paper/ w™ he might wype his tale w‘t/ and rather then he wold lofe his pofieffion/ he wold committ xx contemp'’*/ And by caufe this depot. fpake then fomewhat in the favo™ of the po™ womman/ that fhe did nothing then but by aucthoritie of the faid Ordre/ the faid Ry. Burbage fcornfully & difdainfullye playing w' this depot Nofe/ fayd/ that yf he delt in the matter/ he wold beate him alfo/ and did chalendge the field of him at that tyme/ And the caufe why the faid Robert Myles kept faft in his hand the faid Ordre/ was/ for that the faid Burbages wold haue torne the fame in peeces/ yf they had had the fame/ in ther handes/ And other- wyfe to this Jnt he faith he cannot depofe/ then he hath before now depofed on the part & behalf of the faid Margarett Brayne/ To the 3. that in his Judgem'/ the faid Burbages haue committed g* contempt againft the co’t of Chauncerye afwell at this tyme as before in not performing the faid Awarde/ & fulfylling the fame Ordre/ And that the faid Margarett hath in his Judgem' per- formed the Ordres of the faid Co'te/ and wold be glade of the performance of the faid Awarde/ To the 4. that he never heard the faid Robert Myles faye that the Theatre was his/ or that he had great right therinto/ Or that he wold pull the faid Burbages out of the Theater by the eares/ But he faithe/ that he hath heard the faid Robert and Raphe Myles faye/ that they had lade out A gt deale of money for the faid Margarett in this Sute/ but how moch in particuler/ he did not heare them faye/ And to the reft of this Jnterrogatory he faith he can fay nothing/ To the 5. that he never heard the faid Margarett Brayne open or declare/ of any Tytle or promiffe of Tytle/ the faid Robert & Raphe or ether of them fhuld haue of her/ of & in the faid 115 Ll 116 Charles William Wallace Theater/ Nor ever heard them or ether of them boaft/ what they fhuld gayne therby/ by any graunt from the faid Margarett/ But he faith that he doth think in his confcyence/ that the faid Robert Myles/ is like to haue fome Recompence/ or fome intereft from her therof/ yf fhe recover againft the faid Burbages/ for his charges & travell vfed for her in this Sute/ as this depot thinketh in his confcience/ he is worthie to haue in Equitie/ To the 6. that he can fay no more/ then he hath before faid/ to the fecond Jnterr/ And more he faith he canot faye in this matter then he hath now/ & before this tyme fayd on the parte & behaulf of the faid Margarett Brayne/ [Signed] Per me Nicholas Byfhopp INTERROGATORIES TO RALPH MYLES Interrogators to be mynyftered to Raphe Myles of Londone foapemaker accordinge to an order made the xiij daye of Nouember A° xxxiij° R™® in the cawfe Betwene Margaret Braine p' and James Burbage and Cuthberte Burbage defend‘es Item whither do yo" knowe, or haue yo" herd, feene and read an Arbitremt that was made by one Hill and on Turner betwen James Burbage on the one parte And John Brayne on the other parte concerninge the Theatre, And what title therby, was geven to John Braine & his executo™ in the faid Theatre to yo" knowledge, . Item whither do yo" knowe or haue yo" herd, That in the fame Arbitrem' yt is expreffed, That the mony collected at the Theatre fhuld be to the vfe and for the paym‘ of fuch debtes, as ether the faid Brayne, or the faid Burbage fhould rune into, about the buildinge or repayringe of the fame Theatre. And that before thofe debtes were paide that the faid Braine nor his executo™ fhuld haue nor enioy the fame or the profittes therof, only x* by the weeke excepted to be defaulked for the faid Braine out of 116 The First London Theatre 117 the faid profittes, for fuch plaies as fhould be fhewed vpon the fondaies only. And whither do thei vfe to plaie on the fondaies ther, yea or no. 3 Item whither haue yo" feen herd or rede That in the fame Ar- bitrem' it is alfo expreffed. That yf the faid Braine or the faid Burbage or both of them, had occafion to vfe any mony for any thinge concerninge the faide Theatre or for the paym' of any debt made for or about any matter towching the fame, That then yt fhould and might be Lawfull for the faid Burbage to mortgadge or fell the Leafe to hym made for the levying of fuche needfull mony. And whither was the faid Leafe of The theatre, mortgaged accordinglie to John Hyde grocer w™ confent of the faid Brayne. And whither was yt to him forfeited for none payem* of the money fo borrowed, yf it were, then what title in yo™ Judgem' hath the faid John Braine or his executrix the p'. to the faid Theatre or to the profittes therof & how much therof is fhe in right to haue to yo" knowledg. 4. Item whither do yo" knowe or haue yo" herd yt the faid Braine, fythenc the makinge of his will, wherby he did appoincte the p! to be his executrix hath & did make a deed of gifte of all his goodes & Chattells: to on Tomfon, or to yo" father, or to one M* Afhbournham. or to one John Gardyner. And whither did thei or any of them by vertue therof clayme the goodes & Chattells of the faid Brayne. and his title in the faid Theatre. yea or no. And what is the cawfe whi thei nor none of them do now fhew forth the fame but conceale the faid deed or deedes of gifte to yo" knoweledge. 5. Item whither did the p!. and Robert Myles yo" father place Col- lecto™s at the doares of the Theater, vnder the cullor of an order made in the Chauncery that aiwell the partie playntife as thes defendantes Burbage fhould performe the Arbitrem* aboue faid. ffor what pourpofe were the faid Collecto™s fo placed at the Theatre And whither did the p' then and ther fhewe fourth the faid Arbitrem' and offerr to performe the fame to thes defendtes 117 118 Charles William Wallace And whither did the faid defend‘’* or any of them require to fee the aucthoretie the p! had to place any collectors ther, And whither did fhe fhewe her aucthoretie. And whither hath fhe befor that tyme or fynce that tyme performed the faid Arbitrem*. And yf fhe haue then fhewe wherin & in what poinctes fhe hath performed the fame, And in what poinctes thes defend'’* haue not per- formed the fame. And whither did fhe at the fame tyme require thes defend'®s to performe the fame Arbitrem'. And what matter did fhe require them to performe conteyned in the faid Arbitrem'. . Item wherin do yo" knowe that the defends haue, or any of them hath, comitted contempt againft the Court of Chaunceri, or again{ft any order made in the fame Court, yf thei haue then fhewe wherin. . Item whither do yo" knowe, or haue herde that James Burbage on of theis defend‘®* by his deed in wryting w‘ the advife and confent of the faid John Brayne did convey or graunte any parte of the Theatre and profittes therof to one Henry Lenman. And whither doth he yet receyve and collect and take any profittes of the faid Theatre fo graunted. And whither doth the playntiff knowe therof or that fhe knewe of the faid graunt in thee lief tyme of her faid hufband yea or no. yf fhe did knowe therof, Then whi doth fhe now clayme a Moitie of the faid Theatre o thes defend‘. . . Item whyther hath the p! geven or graunted, or promyfed to gyve or graunt, to yo" father, or to yo"fealf her pretended title in the faid Theatre. Or what parte therof haue yo" or are yo" to haue, And what parte therof is yo" father to haue, fo foane as, or after the fame fhall be recovered of the p', from the defend*’*. And what fome of mony did yo" gyve to one Henry Bett, to comence futes or plaintes in the name of the p'. againft the defend'®* or any of them for the recoverie of the faid Theatre. And by what aucthoretie or title did yo" fo delyver monye for mayntenance of fuch futes. And whither did yo" or yo" father faie that the Theatre was his, 118 The First London Theatre 119 and that he would fpend all that he had but he would pull the defend' out of the faid Theatre by the eares. yea or no. . Item whither did yo" at fuch tyme as Robert Myles and the p! did place Collecto™ at the doares of the Theatre as is aforfaid heare James Burbage faye thes wordes: Confcienc. Gods bloud what tell yo" me of confcienc or orders. Or thes wordes. I care not for any contempt. Or thes wordes I care not for .iij. of the beft Lordes in England. Yf yo" did heare them, then who was by and prefente when you herd thefe wordes And to whom were thei {poken. DEPOSITION OF RALPH MYLES Raphe Myles fone of Robert Myles of Whyte Chapell parifhe w'out Allgate london Bacheler/ of the age of xxvij yeres or ther- aboutes/ fworne and ex‘ the xxvj daye of Aprill in the yere afore- faid xxxiiij™ &ct" To the firft Jnt. that he doth know and hath fene & redde/ an Awarde that was made by one Turno"/ and one Hill/ betwene James Burbage/ of the one parte and Jo. Brayne deceffed of the other parte/ concerning A controvercye betwene them about the Playehouffe called the Theater by w awarde the faid Brayne was entytled to haue the one Moytie of the Rentes and profittes Ryfing & coming by & of the fame Theatre/ To the 2. that it is parcell of the faid Awarde/ that the money Receyved and taken of the Rentes and proffittes coming of the faid Theatre/ fhuld be to the vie & for the payment of fuche debtes/ as ether the faid Brayne/ or the faid Burbage were then in/ for the building and repayring of the faid Theatre/ And that before thofe debtes were fatiffyed & difcharged nether the faid Brayne/ nor the faid Burbage/ nor ther Executo'’/ fhuld haue nor enioye any parte or parcell therof to his or ther owne vie/ but onlye that the faid Brayne fhuld haue x* by the weeke for & towardes his houfe keeping/ and the faid Burbage to haue viij’ as he remem- breth weekelye out of the fame for & towardes his houfe keping II9 120 Charles William Wallace of the profittes of fuch playes as fhuld be playd there vpon fun- daies/ And that when the faid debtes were difcharged/ that then the faid Brayne fhuld take & Receyve all the Rentes and proffittes of the faid Theatre/ to his own vie/ till he fhuld be anfwered/ fuche fomes of money w he had lade out/ for & vpon the fame Theatre/ more then the faid Burbage had done/ And then the Rentes & profittes of the fame/ to go in devydent equallye be- twene them/ To the 3. that it is alfo parcell of the faid Awarde/ That yf the faid Brayne & Burbage/ fhuld haue any occafion to vie any money nedefull to be beftowed vppon the faid Theatre/ or for the paym* of any money towching the fame/ that then it fhuld & might be lawfull for the faid Burbage and Brayne/ to morgage the leafe therof for A fomme of money for that purpofe/ And faithe that true it is, the faid leafe wt bothe ther confentes was morgaged to Jo. Hyde grocer of london vpon the fome of one Cxxv"/ as he hath credible heard/ And yt by report they forfetted the faid leafe to the faid Hyde/ for nonepaym' of the money lent vppon the fame/ Albeit the faid Hyde, did frome tyme to tyme promes & beare in hand the faid Brayne in his lyfe tyme and to his wyfe the now comp! fyns his deceffe the faid Braynes Executrice/ that he wold take no forfetture of the fame/ yf he were payd his money due/ and ordinarye confideracion for the forbearing therof/ And therfor this depot thinketh in his confcience/ that the now comp! hath as great intereft in the faid leafe/ as the faid Burbage hathe/ ffor he faithe/ that whan the faid Burbage and his fone/ by pollycie betwene them/ did Redeme the faid leafe/ ther was no more owing to the faid Hyde/ but xxx" or thera- boutes/ as the faid Hyde confeffed to this depot/ in the w™ Re- dempcion/ the faid comp! had bene well hable to haue Joyned/ yf the faid James Burbage had ether fuffered her to haue had her Moytie of the proffittes of the faid Theater, as by the faid Award fhe was to haue had/ or had gyven her warning of his intent for the Redempcion of the fame/ And further faith/ that he this depot doth well Remember that the faid comp! did offer to the faid 120 The First London Theatre 121 Hyde/ in this depote* prefence/ to paye him fo moch as was be- hynde of his Money lent wt confideracion therfore/ yf he wold deliuer the faid leafe to her/ & that the faid James fhuld haue his Moytie of the proffittes therof, afwell as fhe/ But he made aniwer/ that as it was morgaged vnto him by both her hufband Brayne/ and Burbage/ fo would he deliuer it vppe/ to both Bur- bage & her/ To the 4 that he cam fay nothing To the 5. that he cam fay nothing To the 6. that true it is/ that at fuche tyme he this depot & others went at the comp'** Requeft wt her to the now def*#*/ to Requyer them to performe the faid Awarde/ as by an Ordre made in the Chauncerye they were ordred to do/ the faid James Burbage wyfe/ charged them to go out of her grounde/ orelles fhe wold make her fone breake ther knaves heades/ and fo hottelie rayled at them/ ‘And then the faid James Burbage her hufbande looking out at A wyndoe vpon them/ called the comp! murdring ho'/ and this depot & the others villanes Rafcalls and knaves/ and then the comp! fayd vnto him/ that fhe was come to requyre of him the performance of the award/ as the Co'te of Chauncerye had or- dred to do/ and then he cryed vnto her/ go go/ A Carte A cart for yo"/ I will obey no fuch ordre/ nor I care not for any fuch ordres/ and therfor it were beft.for yo" and yo™ companyons to be packing by tymes/ for yf my fone Come/ he will thumpe yo" hence/ W* that in maner his fone came home/ of whome the comp! did alfo Requyer the performance of the faid Award, ac- cording to the faid Ordre of the Chauncerye/ and then he in verye hotte fort/ bidd them gett them thence/ orelles he wold fett them forwardes/ faying I care for no fuche Ordre/ the Chauncerye fhall not gyve away what I haue payd for/ Nether fhallt thow haue any thing to do here/ Whille I lyeve/ gett what Ordres thow canft/ And fo wt great & horrible othes vttered by both him 121 122 Charles William Wallace & his ffather/ that they wold do this & that/ the comp! and her company went ther wayes/. To the 7. that he can fay nothing to any effecte To the 8. that by the othe that he hath taken/ he knoweth of no graunt or promes made by the comp'/ ether to this depo‘/ or to his ffather of the comp"e* Tytle in the Theatre/ nor more can faye to that poynt of this Jnterrogatory./ And to the reft of this Jnterrogatory concerning Bett named in the fame/ he faithe that he can fay no more but this/ That whan (on a tyme) the faid Bett at the Requeft of the comp! did pervie her wrytinges/ he did (whan he had done and told her what everye of them concerned) require money for his paynes/ But the comp! having none to gyve him/ fhe prayd this depot to lend her A cople of fhillinges/ ard this depot lent her the fame/ and fhe gave Bett the fame/ Whervpfon the faid Bett went & difclofed to the defend'’’/ the whole ftory that he conceyved of her wrytinges/ and fo hath ever fyns that tyme wroght wt them what he could/ againft the faid Comp!/ And otherwyfe to this Jnterrogatory he faid he cannot depofe/ To the 9. that he can fay nothing/ ffor he was not prefent at fuche wordes or fpeeche/ Nor more can faye to any further effect to all the forefaid Jnterrogatories/ [Signed] per me Raphe Miles INTERROGATORIES TO JOHN ALLYN Interrogators to be mynyftered vpon the parte and behaulf of James Burbage and Cuthbert Burbage, to John Allyn, accordinge to an Order made the. xiij of Nouemb® A° xxxiij R™°. 1. Imprimis whither do yo" knowe, or haue yo" herd, feene or rede, an Arbitrem' that was made betwene John Braine whileft he 122 iS) The First London Theatre 123 lyved, and James Burbage by one Turner and Hill. What title therby was geven to the faid John Brayne & his executo"s of and in the Leafe of the Theatre in Hallywell made to the faid James, by on Gyles Allyn. ‘And whither do yo" knowe that on Henry Lenman hath or had any parte of the profittes of the Theatre. Yf he had, then who graunted to him the fame. And how longe is yt fince he receyved fuch profittes to yo" knoweledge. And how longe is he yet to receyve the fame as yo" haue herd. And whither did John Braine agree that Lenman fhould receyve y® fame Item whither did Margaret Braine, and Robert Myles, in yo™ prefence place Collecto™ at the doares of the Theatre to collect the profitt therof, vnder the cullor of an order made in the Court of Chaunceri. That afwell the partie p'. viz the faid Margaret, as the faid James Burbage and Cuthbert Burbage defend'¢* fhuld performe the Arbitremt aboue named. And whither did the faid Margaret at that tyme fhewe furth the faid Arbitrem*, or offerr to performe the fame to the faid defend'®* And whither did the faid James Burbage require the fame, & to fee the" aucthoreties thei had to place the faid Collecto™. yea or no. And whither did not the p!. refufe plainli to performe the requeftes of the faid Burbedge. Yea or no. . Item wherin do yo" knowe that the defend'’s haue, or any of them hath comitted any contempt again{ft the Court of Chaunceri, or what order hath thei or ether of them broken in Contempt of the fame Court to yo" knoweledge. . Item whithe™ hath the faid Myles confeffed to yo". That he had to do w* the faid Theatre, and that the fame was his. And that he would pull the defend'’* Burbages out therof by the eares. yea or no. And whither hath he confeffed that he and his had more to do ther then Burbege had and that his title therof viz of the faid Theatre was better then Burbages. And that he had $23 124 Charles William Wallace his title from the p'. How longe is yt fynce he vied thes wordes to yo". Yf the faid Myles did not vfe thes wordes to yo" or fuch like, then whi did yo" tell the faid James Burbage, that he vfed fuch wordes to yo". And whi did yo" require the faid James to conceale whatfoeuer yo" tould to hym of the faid Myles, to the end yo" might Lerne of the faid Myles his whole procedinges therin. . Item whither did not Raphe Myles the fonne of the faid Robert Myles, afferme to yo" that the wordes and fpeaches of the faid Robert were true. And what fomes of mony did thei or ether of them fweare thei would fpend to ouerthroe the faid Burbage. And what wordes hath the faid Ralphe vfed to yo" about the faid Theater, and his or his fathers title therin to yo™ remembraunce/ . Item whither haue not yo" byn prefent in the lief tyme of Brayne, when he and Burbedge did delyver the one haulf of the profittes collected by them at the Theatre to the aboue named Henry Len- man or his deputes. And fync his death by the faid Burbage. And whither do yo" thincke that the faid Lenman had any right to haue fuch profittes. Yf he had whi do yo" fweare That y® p! hath good right and title to haue haulf the profittes collected in the Theatre/ And whither were the wordes w™ yo" alledge to be fpoken by James Burbage viz thes wordes. (Confcienc Godes bloud, what tell yo" me of Confcienc, or orders. or thes wordes I care not for iij of the beft men in England. Or that he would Committ xx contemptes &c) whither were thei fpoken when the faid Myles or the p! did place Collecto" at the Gates of the Theatre by force of the order aforfaid. Or when were thei fpoken and who was prefente when thei were {poken to yo" knowledge And in what place. And whither were thei fpoken to the plaintif yea or no. DEPOSITION OF JOHN ALLEN Johne Allen late of the parifhe of St Buttollphes w"out Bifhops gate London ffree of the company of the Jnholders of london of 124 = The First London Theatre 125 the age of xxxv yeres or theraboutes fworne and ex the vjth daye of Maye in the yere aforefaid & ct" To the firft Jnterroga- tory/ that he hath crediblie heard faye/ that ther paffed an Arbi- tryment or An award betwene James Burbage of the one part/ and Jo. Brayne named in this Jnterrogatory now deceffed on the other parte/ concerning the controuercye betwene them of the profittes of the play houfe of the Theater/ by the w® Arbitry- ment/ (as this depot did heare faye/ the one half of the proffittes of the faid Play houfe was awarded to the faid Brayne his execu- to" and affignes/ and tthe other half to the faid James Burbage/ his executo™ and affignes/ And faithe/ that one Henrye Layn- mann had (and as he thinketh yet hathe & doth receive) part of the proffittes of the fame/ & fo muft till Mychaelmes now next coming but by whofe graunt/ he knoweth not/ But wheth" the faid Brayne did confent therunto/ he knoweth not/ To the 2. that to his now Remembrance, he can fay no more, then he hath hertofore depofed on the complainantes behaulf to the 13 Jnterrogatory. And further faithe, that at the fame tyme whan the faid comp’, and the faid Robert Myles came to demaund of the faid James Burbage & of his fone/ the performance of the forefaid Arbitryment/ and ordre of the Chauncery concerning ‘the one half of the proffittes of the faid Theater/ the faid comp! and Myles/ femed to be readye & willing wtout any deniall to fhew to them/ by what auctho® they were to haue the fame/ yf the defend'** wold haue demaunded the fame/ To the 3. that he doth verelie thinke/ that the faid James Burbage hath committed A contempt to the faid honorable Co'te of Chaun- cerye/ in Maner & fourme/ as this depot hath depofed vppon his othe before to the fame 13. Jnt/ on the compl*'¢* behalf/ wher- unto/ for the better proof therof/ he doth referre him felf/ To the 4. that the faid Robert Myles did at no tyme confeffe to this depot/ that he had any thing to do wt the faid Theater then as A freind by the comp" lettre of Atto™ney to do for her in the fn 126 Charles William Wallace fame/ Nor ever heard him faye that he wold pull the faid James Burbage out of the fame by the eares/ Nether dyd this depo' tell the faid James burbage or any of his fones/ any fuche tale of the faid Myles/ Nor ever byd the faid Burbages or any of them to conceyle yt he had told him or them/ any fuche wordes of the faid Myles/ nor any fuche fpeche to that effect/ to his nowe Remembrance/ : To the 5. that ther hath paffed at no tyme/ any fuche fpeche be- twene the faid Robert Myles or Ra/phe his fone to this depo* as are fett down in this Jnterrogatory/ To the 6. that in the lyfe tyme of the faid Brayne/ this depot did not fee Burbage & Brayne gyve or deliuer the one half of the proffittes of the faid Theatre/ to the forefaid Henry lenmann/ But he faith/ that he hath fene the faid Burbage paye to fome/ to the vie of the fame lenmann/ fome money of the fame profittes/ fyns the deceffe of the faid Brayne/ w™ profittes (as this depot hath heard the faid James Burbage faye) were due vnto the faid Lenmann/ and that he & the faid Brayne were both bounde by wryting to paye the fame vnto him/ in confideracion that the faid lenmann did graunt vnto them the one half of the proffittes of the other play houfe there by/ called the Curten/ in w™ half he doth thinke the comp! is to haue her devydent wt the faid Bur- bage/ afwell as her moytie of the Theater/ And fo ought fhe to haue the whole moytie of the Theater/ by the faid Arbitryment & ordre & half of the other Moytie of the profittes of the Curten/ by the Agrem' wt the faid Lemman fo long as the tyme of the fame Agreemt is to endure/ And faith that the wordes menconed in his former Examinacion/ to the 13 Jnterrogatory fpoken by the faid James Burbage/ viz/ Confcience/ Godes blood what tell yee me of confcience/ or Ordres/ that he cared not for any Con- tempt/ & yf there were xx contemptes/ & as many Jniunccions he wold wtitand & breake them all before he wold lofe his pof- feffion/ were vttred w'in the Theater yard/ whan the comp! and the faid Myles came to defyre him to performe the faid Arbytry- 126 The First London Theatre 127 ment & ordre/ w™ he thinketh to be about A yere paft in the hearing of one Nycholas Bifhopp/ this depot & others/ And the other wordes fpoken by him/ menconed in the fame 13 Jnterroga- tory of his faid former Examinacion/ viz. I care not for three of the beft lordes of them all/ were vttered by him in the At- tyring houffe/ or place where the players make them readye about viij daies next after/ in the hearing of one James Tunftall this depot and others/ And this for his true anfwer to all thefe Jnterrogatories/ [Signed] Jo" Allein [When Dr. Legg and Dr. Stanhope were ready to make their report after considering the preceding voluminous evidence, namely, in April, 1503, Widow Bayne died, and the suit naturally died with her. But by her will, dated 8 April, 1593, and proved 3 May, following, she left her supposed interest in the Theatre and all her possessions to Robert Myles. Thereupon, as legatee and executor, Myles filed a bill of revivor, which is lost, and the case proceeded to the end in his name. | BRAINE V. BURBAGE Idem. Bdl. 226, No. 11. Trinity 34 Elizabeth (15092). Jo: Grigges et Robertus Myles jurati 29 Julij 1592 coram Jo: Hone./ Intergatories to be mynyitred on the parte and behalf of Margarett Braynes Wydowe Complay- naunte agaynit James Burbadge, Cuthberte Bur- badge, and others Defendan'*®./ . Imprimis whether doe ye knowe the partye Complaynante Mar- garett Brayne, and James Burbadge, and Cuthbert Burbadge and other the Defendantes, ye or no. Yf fo then whether doe ye not knowe one Gyles Allyne gentleman ye or no, And whether was not he feazed of a vacante peace of grounde a Myll howfe, 127, 128 Charles William Wallace and certaine other tenem'¢* in S' Leonardes in the parifhe of St Leonardes in Sordyche in the Countye of Midlefex, ye or no Item whether have you heard or knowen of yo" owne knowledge of any Conference that was had betwene the fayd James Burbadge and one John Brayne difceafed of the takinge of the fayd peace of vacante ground in Leafe and other the landes and tenementes at the handes of the fayd Gyles Allyne, and whether did not the fayd James defyre the fayd John Brayne to ioyne w him in tak- inge thearof to the intente to buylde a theato’ or a playinge howfe, and declared what greate proffitt woulde ryfe vnto them bothe by yt, yf they fo did, And what was the Aunfweare of the fayd John Brayne therevnto to your remembraunce./ Item whether did not the fayd James eart uitlye intreate him to ioyne w™ him in takinge of yt, otherwyfe he was not able to buylde yt, for yt woulde Cofte fyve tymes fo muche as he was worthe, And whether did not the fayd John Brayne and he agree fo to doe, And that yt fhoulde be taken at Allyns handes — only in the name of Burbadge, but notw{tandinge to the vie of bothe. 4. Item whether was not a Leafe thearof taken accordinglye of the fayd Gyles Allyne w* Covenauntes therin Conteyned to buylde the fayd Theato’ or playinge place, And whether did not the fayd James Burbadge after the takinge thearof promys the fayd John Brayne to affure him of a moitye of the theato™ and the proffittes thearof after yt was buylt together w™ the other landes and tenem'’’, and bounde him felf in a bonde fo to doe./ . Item whether did not the fayd John Braynes (Jmmediatlye after that promyfe) make a greate fome of money to the intente to erecte & buylde the fayd howfe, and then hyred workemen pro- vyded tymber, and other neceffaryes to builde yt wall, and whether did not he beftowe in buyldinge therof the fomme of one thoufand Markes at the leafte for his parte and whether did not 128 ciate The First London Theatre 129 he vtterlye forfake hys trade of livinge, the w™ he had before planted himfelf in to his greate proffitte, and by the meanes of the fayd James Burbadge did forfake yt, and wholly imploye himfelf and all that he coulde make about the theato™ in fellinge all his {tocke, and was not he therby vtterlye vndone./ 6 Item what thinke you that the faid James Burbadge beftowed for his parte, and whether .was he able to beftowe the fomme of one hundred pounde, or was of fuche Credytt, that he was able to make the fomme of one hundred markes to helpe to buylde yt, & was yt not wholy donne in effecte w™ the money of the fayd John Brayne, & by his Credyt, And what you knowe hearin, fpeake your knowledge./ 7 Item when yt was buylt, and divers playes therin performed, and greate fomme and fommes of money Collected by fuche as did repayre thither to fee them, whether did not the faid Burbadge Contrary to hys owne promyfe therin, w™ was that the fayd John Braynes fhoulde have half the proffitte of all the premiffes, often tymes filche out of the Commone boxe by a Counterfayte keye to open yt, divers greatefomme & fommes of money in defraudinge of his Companyons and the faid John brayn And whether did not the faid James Burbadge often tymes hyde money in hys bofome or aboute himfelf of fuche money as was gathered, and fhoulde have bene equallye devyded betwene them, & keptt yt to himfelf & what you knowe thearin, {peake yo™ knowledge or in eny other his like bad practiffes as that yo" haue hard or knowe// 8 Item whether doe ye knowe of yo™ owne knowledge, or have hearde faye, that divers Controuerfies & Contentions weare be- twene the fayd James Burbadge, & the faid John Brayne touch- inge the fayd Theato", & whether did not they fubmitt them felves vnto the Arbitrament of Certayne perfones for the pacificacion of all matters betweane them, and whether did not the faid Arbi- trato™ awarde that the fayd James Burbadge hys executo™, & Affignes fhoulde enioye the one moitye of the proffittes of the 129 9 Io 1 Mit I2 13 14 130 Charles Wiliam Wallace premyffes, & the faid John Brayne his executo™ & Affignes fhoulde enioy the other moitye of the proffittes, ye, or no. Item whether did not they awarde alfo, that yf occafione fhoulde be to morgage the premiffes for the borrowinge of money to paye debtes for the perfourminge of any neceffarye thinge concearn- inge the theato", that then bothe they fhoulde ioyne in morgage, & the money Cominge & ryfinge of the proffittes of the faid Theato’, to goe to the redempcion of the faid morgage, ye or no Item whether did not the faid James Burbage & the faid John Braynes accordinge to the fayd Arbitrament morgage the fayd Theato™ & other the premyffes vnto one John Hyde Citizen & grofer of London for the fomme of one hundred twentye & fyve poundes or thereaboutes to be payed at a certayne day & tyme in the faid morgage limitted, yea, or no. Item whether was the fayd Theato™ & other the premiffes for- faited vnto the fayd John Hyde ye or no for that he was not payed his money at fuche daies & tymes, as was by the fayd morgage agreed vpon ye or no. Item what fomme or fommes was payed vnto the fayd John Hyde by the fayd John Braynes & the fayd James Burbadge in the lyf tyme of the fayd John Braines before the forfaiture of the prem- iffes, & what fomme or fommes of money was left vnpaid at the tyme of the deathe of the fayd John Braynes, for the w™ yt was morgaged for, & what ys payed fythence hys deathe/ Item whether did not the fayd John Hyde often tymes faye vnto the fayd John Brayne & the fayd James Burbadge & vnto the nowe Comp! & others, that yf he weare payed his money that was dewe, & confideracion for the fore bearinge of yt, that he woulde neuer take any advantage of the fforfayture ye or no./ Item whether did not the faid John Hyde promyfe vnto the fayd 130 Pe a “15 The First London Theatre | 131 Complainant, that yf he weare payed hys money that then he woulde affure the premyffes vnto the faid Complaimant, & vnto the faid James Burbadge becaufe he had yt from the houfband of the faid Complainant: & the faid James Burbadge, & nowe by the deathe of her houfbande his parte belongeth to the faid Com- plainant, & the rather to for that he was payed all his money favinge thirtye poundes or theraboutes in the lyf of the faid Braynes, by the meanes of the faid Braynes, & what you knowe hearin, fpeake yo™ knowledge./ Item whether did not the fayd Margarett Brayne offer to paye the fayd thirtye poundes vnto the fayd John Hyde yf he woulde » reaffure the premiffes over to her, & yf he woulde fo doe, fhe fhoulde be bounde to Convaye over a moitye thearof vnto the faid James Burbadge, in fayinge that althoughe Burbadge woulde de- feate her of her right, yet fhe woulde not fo deale w™ him, & what Auntfweare made the fayd John Hyde therevnto. ‘16 Item whether did not the faid James Burbadge deteyne the pro- ffites of the premiffes in his owne handes of purpofe to make a forfayture vpon the morgage, & therevppon to take yt againe in his owne name or to his owne vie in the name of his chylde or freinde, ye or no, & whether did not the fayd James after the deathe of Braynes vtterly denye the fayd Complaynant to receave any more proffittes of the premiffes: Contrary to the arbitram, whearebye the faid John Hyde was not payed his money accord- inge to the faid arbitramente w" the proffittes of the premiffes as yt ought to have bene by the awarde./ 17 Item whether did not the faid James Burbadge intreate the fayd John Hyde to Convaye the premyffes vnto Cuthbert Burbadge his fonne of puwrpofe to defeat the faid Complainant of her right of the moitye in the premiffes, & whether did not. he procure M* Cope to labo" in hys behalf wt Mt Hyde to Convaye yt to hys fonne Cuthbert to the vie of the fayd James ye or no, Yf fo then whether did not the fayd John Hyde faye that fhe fhoulde have her moitie 131 18 19 20 21 132 Charles William Wallace before he woulde Convaye the premiffes, excepte bothe the fayd James & the faid Cuthbert woulde promiffe that fhe fhoulde have her moitie & right at their handes ye or no, & what you knowe hearin, {peke yo" knowledge Item whether did not the fayd James & Cuthbert often tymes fythence the redemption therof, promife the fayd Complainant, that fhe fhoulde have her moitye in the premiffes, as her houf- bande had, & for that purpofe he fuffred her to enioy yt for a tyme, vntill he had obteyned his purpofe, and after putt her mofte vnconfcionablye from yt./ Item what fomme or fommes of money or other proffittes hathe the fayd James Burbadgeand Cuthbert Burbadge received for the Thea- tour and other the premyffes fythence the lafte accompt or reconinge made between the fayd John Braynes and James Burbadge to yo" knowledge or remembraunce, and what ye knowe hearin fpeake yo" wholl knowledge and what doe ye thinke the faid Braines be- {towed in buildinge of the theato™ for his parte, & what money ys owinge vnto him by any of the Burbadges to yo" knowledge, and what money hathe the fayd Burbadge beftowed./ Scott [attorney] [Here ended the original list of interrogatories. Then, before witnesses were examined, questions 20, 21, 22 were added.] Item wheather doe yo" knowe that thear was an order in her Mates Courte of Chauncery the xiij** of November in the xxxij™ yeare of her highnes Reigne That Margaret Brayne plaimtif and James Burbadge and Cutbarte Burbade defendants mad the xij" day of Julie in the xx yeare of her graces Reigne Betwixt the faid John Brayne one the one partie And the faid James Bur- badge one the other partie by Rychard Turner and John Hill Arbitratores. Confearninge the Theavter in Holloway and the proffites theareof./ Item wheather haue the fame James Burbadge and Cutbarte 132 The First London Theatre 133 Burbadge performed and accomplifhed the faid Arebitrement ackordinge to the faid order yea or noe/ 22 Item in what poyntes haue the faid James Burbadge and Cutbarte Burbadge or eyther of them or any other perfon comprifed in the faid order broken or infringed the faid Arebitrement or order and herein difcouer yo™ whole knowledge// DEPOSITIONS Ex parte Margarete Braynes viduae querentis verius Jacobum Burbage et Cuthbertum Bur- bage defendentes Telte examinatore per Hen- ricum Johnes in Cancellaria Examinatorem/ Johne Grigges of Puddinglane london Carpinter of the age of xliij yeres or theraboutes {worn and ex‘ the xxix daye of Julye in the xxxiiij yere &c To the firft Jnterrogatory. that he doth knowe all the parties p! and Defend‘'¢s/ And knoweth Gyles Allen gentleman named in this Jnterrogatory. And faith that the faid Gyles Allen was owner & feyfed of A pece of voyd grounde, A mill houfe, and other howfes or tenem'’* in the parifhe of St leonardes in Shordiche wout Bifhops gate london/ To the 2. that he doth knowe that James Burbage one of the nowe Defend'®*, and John Braynes deceffed named in this Jnterrogatory the now compl'e® late hufbande/ did take A leafe of the faid Gyles Allen of the faid voyde pece of grounde & of the faid myll houffe/ & other the faid premiffes/ But what conference or convercacion paffed betwene the faid James and the faid Jo. Brayn concerning the taking of the premiffes of the faid Mr” Allen/ or concerning what profitt & commoditie wold grow vnto them therby by building A playe houfe thervppon/ he faith he was never pryvie therof nor prefent therat/ To the 3. that he did heare it crediblye reported/ that it was agreed betwene the faid James Burbage/ and the faid Brayne/ 133 134 Charles William Wallace y' the faid leafe fhuld be made in the name onlye of the fame James/ and yet to the vie of them bothe/ and otherwyfe to this Jnterrogatory he faithe he cannot depofe To the 4. that he cannot tell what the comtentes or covenantes of the faid leafe were/ Nor more can faye to this Jnterrogatory. faving he faith that he hath heard & beleveth it is true/ that the faid James Burbage ftandeth bounde to the faid Braynes/ that during the faid leafe/ the faid Braynes his executo™ or affignes fhuld haue & Receyve the one half of the Rentes & proffittes that fhuld ryfe & growe by & of the fame/ : To the 5. that he doth knowe/ that vpon fuche promiffes and {fpeche as paffed frome the faid James Burbage to the faid Braynes/ of the gt welth and profitt that fhuld ryfe vnto them/ by buildyng A Theater or playe houfe/ & other buildinges vpon the faid voyd grounde/ he the faid Braynes being A man of gt welth, and of A welthie Trade/ provided A gt fome of money/ hyred wo'kmen/ provyded Tymber and all other nedefull thinges for the building of the faid Theater in fomoche/ that this Depo* thinketh in his confcience he beftowed thervppon for his part what firft and laft/ the fome of one thowfand markes at the leait/ wherby hoping of the gt welth that fhuld ryfe vnto him by the fame/ he gave vppe his trade/ fold his ftocke/ his houfe he Dwelt in/ in Bucklers berye london/ & wholye ymployed all he could make towardes the faid Buildinges/ and fetting fourthe the fame/ to his own vtter vndoing at the laft./ To the 6. that he [doth verelie thinke, that (stricken out) ] cannot certenlie tell how moche the faid James burbage beftowed for his part vppon the building of the faid Theater & other the premiffes/ But he faith that he doth thinke in his confcience/ that the faid James Burbage was not at the tyme of the firft begynning of the building of the premiffes/ wo'th aboue one C markes in all his fubftance/ for he & this Depot were familierlie acquainted long before that tyme/ and ever fyns/ So as he verelie thinketh the 134 The First London Theatre 135 faid James Burbage hath not in all beftowed thervpfon/ the ful! value of one hundreth poundes/ but that it was the money and goodes of the faid Braynes that fett vppe & fynifhed the fame/ w' the helpe of the profittes that grewe by playes vied there/ before it was fully finifhed/ To the 7. that he is ingnorant To the 8. that he doth knowe/ that in the lyfe tyme of the faid Johne Braynes/ ther fell out great contencion & varyaunce be- twene him and the faid James Burbage about the profittes and the vnhoneift parciall dealing/ of the faid James/ concerning the faid Theater/ But what end the fame comtencion tooke whill the faid Braynes lyved/ he faith he knoweth not/ nor more can faye to this Jnterrogatory. To the 9. that he is ingnoramt To the 10. that he doth knowe that the faid James Burbage and Braynes did ioyntlie morgage ther faid leafe of the Theater to one hyde A grocer of london/ but for how moch money/ or otherwyle/ he faith he knoweth not/ To the 11. that he hath heard by credible report/ that the faid leafe was forfetted to the faid Hyde/ for nonpaym! of the money they borowed thervppon/ both at the tyme it fhuld haue bene payd, and long tyme after/ To the 12. that he is ingnorant To the 13. that he is ingnorant To the 14. that he can fay nothing To the 15. that he can fay nothing 135 136 Charles William Wallace To the 16. that he can fay nothing To the 17. that he can fay nothing To the 18. that he cannot depofe To the 19. that he can fay no more then he hath before faid/ To the 20. that he cam fay nothing To the 21. that he cam fay nothing To the 22. that he can fay nothing/ Nor more can fay to all the forefaid Jnterrogatories/ [Signed] per me John Grigges Edwarde Collyns of Bucklers berye london grocer of the age of XXxXix yeres or theraboutes fworne and ex‘ the Daie and yere aforelaid &c To the firft Jnterrogatory. that he dothe knowe all the parties p'!/ and Defend*‘es/ but knoweth not Gyles Allen named in this Jnterrogatory/ And to the reft of this Jnterrogatory he faith he cannot depofe/ To the 2. that he cann fay nothing To the 3. that he can fay nothing To the 4. that he hath credyblie heard faye, and beleveth it to be very true/ that the faid James Burbage one of the now defend‘ and Jo. Braynes the comp'¢* late hufband deceffed tooke A leaffe of the grounde whervpon the playing houffe called the Theater now ftandeth/ & of other howfes there/ but of whome they tooke the fame/ Or what the contentes yerof is/ he faith he knoweth not/ And further to this Jnterrogatory he faithe he camnot depofe/ To the 5. that this Depot being fervaunt in Bucklers berye afore- 136 The First London Theatre 137 faid to one Robert Kenningham grocer/ in w™ Streete the faid Jo. Braynes Dwelled alfo/ and of the fame Trade/ he the faid Braynes at the tyme he Joyned wt the faid James Burbage in the forefaid leafe/ was reputed emonges his neyghbo"™ to be wo'th one thowfand poundes at the leaft/ And that after he had Joyned w' the faid Burbage in the matter of the building of the faid Theater/ be begann to flack his own trade/ and gave him felf to the building therof/ and the chefe care therof he tooke vppon him/ and hyred wo'kmen of all fortes for that purpofe/ bought Tymbre and all other thinges longing therunto/ and paid all/ So as in this Depo'’* confcience he beftowed thervpfon for his owne parte the fome of one thowfand markes at the leaft/ in fomoche as his affeccion was gyven fo greatlie to the fynifhing therof/ in hope of great welth & profitt during ther leafe/ that at the laft he was dryven to fell to this Depo‘: ffather his leafe of the howfe wherin he dwelled/ for one C li/ and to this Depot all fuche wares as he had left/ and all that longed therunto Re- mayning in the fame for the fome of one Cxlvj! & od money/ wherof this Depot did paye for him to one Kymbre an Jremonger in london for Jron wo'ke w™ the faid Braynes beftowed vppon the fame Theater/ the fome of ffourtie poundes/ And after wardes the faid Braynes tooke the matter of the faid building fo vpon him/ as he was dryven to borow money to fupplye the fame/ faying to this Depot that his brother Burbage was not hable to help the fame/ and that he found not towardes it aboue the value of ffiftie poundes/ fome parte in money/ and the reft in ftuff./ To the 6. that he cam fay no more/ then he hath before faid/ in the laft former Jnterrogatory. To the 7. that he is ingnorant To the 8. that he Remembreth ther fell out variaunce & con- tencion betwene the faid James Burbage/ and as he thinketh the faid Braynes/ or his wyfe the now compleynant the w* variance they confented that friendes fhuld hear & arbytrate the fame/ 37 138 Charles William Wallace whervpon this Depot was Requefted to say to the faid Arbytrato™ being in the Temple Churche/ what he could fay of the habilitie of the faid Braynes/ whan he & Burbage Joyned together in the forefaid leafe & building of the Theater/ and this Depot declared truelye vnto them/ what he could faye of the faid Braynes/ But whether the faid Arbytrato™ made any Award betwene them/ Or yf they did/ what the fubftaunce therof was/ he faith/ he is vtterlye ingnoramt/ Nor more can fay/ to this Jnterrogatory. To the 9. that he cam fay nothing To the 10. that he is ingnorant To the 11. that he is ingnorant To the 12. that he is ingnorant To the 13. that he cam fay nothing To the 14. that he can fay nothing To the 15. that he can fay nothing To the 16. that he can fay nothing To the 17. that he can fay nothing To the 18. that he can fay nothing To the 19. that he is ingnoramt/ nor more can fay to this Jnter- rogatory then he hath before faid/ To the 20. that he can fay nothing To the 21. that he is ingnorant 138 i . ae The First London Theatre 139 To the 22. that he can fay nothing/ Nor further faith to all the fore faid Jnterrogatoryes/ [Signed] by me Edwarde Collyns Robert Myles of the Parifhe of whytechapell wtout Allgate lon- don free of the companye of the goldfmythes of the age of lij yeres or theraboutes {worne and ex‘ the xxx Daye of Julye in the yere aforefaid &c To the first Jnterrogatory/ that he dothe know the now comp!/ And all the defend'*® And knoweth alfo Gyles Allen gentleman named in this Jnterrogatory. And faithe that he doth knowe that the faid Gyles Allen was of late feyfed and owner emonges other landes & tenem'’ w'in the parifhe of S' _ leonardes in Shordiche w‘*out Bifhops gate london in & about the late Diffolued Pryorye called hallywell there/ of A parcell of voyd grounde/ and of dyvers other landes & tenem'‘®* parcell of the fame Pryorye/ To the 2. that he doth knowe and was prefent at tymes whan the faid James Burbage did earneftlie infynuate his brother in lawe _ John Braynes deceffed the now comp'«* late hufband/ for the taking of A leafe of the faid Gyles Allen of the faid pece of voyd grounde to builde the now playhouffe called the Theater ther- vppon/ earneitlie informing him/ that it wold grow to ther con- tynuall great profitt & commodytie/ through the Playes that fhuld be vfed there everye weke/ But the faid Braynes being of A welthie trade alredye/ and A grocer in Bucklers Burye london & Ryche was verye lothe to deale in the matter of the faid leafe/ Notw'{tanding in the end by the comtynuall perfuafion & meanes made vnto him by the faid James Burbage the faid Braynes Joyned w' him in takeng the faid leafe/ But he faith/ that he hath heard the faid Jo. Braynes many & often tymes faye/ that the drawing of him by his brother Burbage to deale in the matter of the faid Theater/ was his vtter vndoing/ and that he wold never haue entred yerin but by the fwete and comtynuall perfua- fions of his faid brother in law Burbage/ And for the charges that fhuld haue bene beftowed vppon the building of the fame 139 140 Charles William Wallace playe houffe/ he this Depot did heare the faid Burbage tell the faid Braynes/ that it fhuld not excede the fome of CC'%/ But this Depot faith that after the faid Braynes had lade out vpon the building & Doing therof to the value (as he faid) of fyve hundreth poundes or theraboutes/ he this Depot heard the faid Braynes charge the faid James Burbage/ that where he made him beleve the building therof fhuld not excede the charge of CC"/ he the faid Braynes had lade out fyve hundreth poundes alredy vppon the fame/ and then this Depot heard the faid Bur- bage tell him/ it was no matter praying him to be comtented/ it wold fhortlie quyte the coft vnto them bothe/ or wotdes to like effecte./ To the 3. & 4. that he hath heard the faid Braynes faye/ that his Brother Burbage was the onlye meanes/ that he entred in the taking of the faid leafe/ and building of the faid Playe houfe/ and that yf he the faid Braynes wold not Joyne wt him therin he himfelf fhuld never be hable to builde it/ for it wold coft fyve tymes fo moche as he was wo'the/ And faithe that the faid Braines told this Depo'/ that he was advyfed to fuffre the faid Burbage to take the faid leafe in his owne name and he to convey ouer to him the faid Braynes his executo™ and affignes the moytie or half of all the profittes growing by the playes & Rentes there/ and Burbage to haue the other moytie / [leaft vf the faid Braynes fhuld John wt him (stricken out)]/ and herevpon the faid Bur- bage entred into CCCC" bonde to the faid Braynes to performe the fame as by the fame bond may appere And this the fayd Braynes fayd he was advyfed to do/ leaft yf the faid leafe had come in both ther names/ the Survyvot fhuld go away w' all/ All w*" or to the fame effecte the faid James Burbage hath con- feffed to this Depot dyvers and fondrye tymes to be true/ To the 5. that vpon the promys & proteftment of the faid James Burbage, to the faid Jo. Braynes/ that he his executo"™ and affeignes fhuld during the faid leafe haue & Receyve/ the one half of the proffittes that fhuld Ryfe by the faid Playes there to 140 ee +6 “ , The First London Theatre I4I be vied/ and A dyvydent or half alfo of all the Rentes of fuche howies and thinges as were graunted & were w'in the Compaffe of the faid leafe/ fo the faid John Braynes made a g* fome of money/ of purpofe & intent/ to go to the building of the faid Playe houffe/ and thervppon did provyde Tymbre/ and other {tuffe nedefull for the building yerof/ and hyred Carpinters/ and plaifterers for the fame purpofe and paid the wotkemen comtyn- uallye/ So as he for his part lade out of his owne purce & what vpon Credit about the fame/ to the fome of vj or vij© li. [6 or 7oo/.] at the leaft/ And in the fame tyme feing the faid James Burbage nothing able ether of him felf/ or by his credit to contrybute any like fome towardes the building therof/ being then to be fynifhed/ or ells to be loft that had bene beftowed vppon it alredye/ the faid Braynes was dryven to fell his houfe he Dwelled in/ in Bucklers bery and all his ftock that was left/ and gyve vppe his trade yea in the end to pawne & fell both his owne garmentes and his wyves & to ren [sic] in debt to many for money to fynifhe the faid Playe houffe/ & fo to ymploye himfelf onlye vppon that matter/ and all whatfoeuer he could make/ to his vtter vndoing/ ffor he faith/ that in the latter end of the fynifhing therof/ the faid Braynes and his Wyfe the now comp. were dryven to labo" in the faid wo'kes/ for faving of fome of the charge/ in place of ij° laborers/ Whereas the faid James Bur- bage went about his owne bufynes/ and at fometymes whan he did take vppon him to do fome thing in the faid wo'kes/ he wold be/ and was allowed A workmans hyre/ as other the workmen there had/ To the 6. that he hath heard the faid James Burbage confeffe vppon the accomptes and Reconinges had betwene him & the faid Braynes concerning the faid leafe and the matter of the buildinge of the faid Playehouffe/ that all the charge w™ he was at/ in the accomplifhing of the premiffes from the begynning to the end did not amount to the full value of one C'/ w™ this Depot verylie thinketh to be true/ ffor he never knew him but A po" man ¢ but of {mall Credit/ being by occupacton/ A Joyner/ and reaping but 141 142 Charles William Wallace A {mall lyving by the fame/ gave it over/ and became A commen Player in playes/ And further faith/ that he doth knowe/ that his Credit was fuche/ as nether merchant nor Artificer wold gyve him Credit for the value of x" vnles his brother Braynes wold Joyne wt him/ being A man well knowne in london both of his own wellth and of good credit/ And faith yt he hath heard the faid Braynes by earneft othe afferme/ that all the readye money w“ his brother Burbage brought fourthe to be ymployd towardes the building of the faid Theater was but about [fyftie & od poundes (stricken out)] xxxvij"/ and the reft that made vppe about the fome of fyftie & od poundes w™ was in maner all that he bore towardes the faid charge/ was in od peces of Tymber/ waynefcott & fuche like thinges and his own labo"/ wherin the faid Braynes told this Depot/ his brother Burbage made him to allow him/ in fome thinges the value of vj‘ for A grote/ So as this Depot knowethe yt the whole building of the premiffes in effecte and the taking of the faid leafe/ was done at the onlye charge of the faid Braynes by his own goodes/ & credit/ To the 7. that whan the faid Playe houffe was fynifhed/ and playes performed in the fame/ and great fomes of money gathered & had of the repairers therunto the faid Braynes told this Depot that his brother Burbage/ contrarye to his faith and promes that the faid Braynes fhuld haue parte & partelyke of the fame/ did by the {pace of about ij° yeres/ purloyne & filche therof to him felf moch of the fame money/ by A fecret key w’" he caufed one Braye A Smyth in Shordiche to make for him of the Commen box where the money gathered at the faid Playes was by both ther confentes putt in/ by meanes wherof he did not onlye playe falce w' him the faid Braynes to A great value as it was thoght but alfo Difceyve his fellowes the Players/ And many tymes wold thruft fome of the money Devident betwene him & his faid ffel- lowes/ in his bofome or other where about his bodye/ Difceyving his fellowes of ther due Devydent/ w™ was equally to haue bene devyded betwene them/ All w% this Depot dothe verelie beleve to be true/ ffor that he hath heard the faid James Burbage vppon 142 =~ The First London Theatre 143 fynding of the fame falce key/ confeffe fo moch in effecte to the {aid Braynes/ praying him to forgyve him/ and he wold yf he lyeved make him Recompence/ faying it was the Devill that led him fo to do/ And further to this Jnterrogatory he faith not/ To the 8. that he hath bene privie and prefent at & of dyvers vari- ances & contencions betwene the faid Jo. Braynes & James Bur- bage for & concerning the matters & profittes of the faid Theater/ and that they did fubmitte them felfes therin to the Award & Arbytryment of one Ry. Turno'/ and Jo. Hille/ men of great honeftye & credit/ to make a fynall end of all matters in queftion betwene them, who vpfon great difcreffion and indifferiencye be- twene them bothe/ having throughlye heard ther grefes/ and Demaundes did Arbitrate & Award in wryting Jndented betwene them readie to be fene that from thenfforthe the faid Jo. Braynes his executo™ & affignes fhuld haue/ receyve & enioye to them & ther owne vies/ during the faid leafe/ the one half or moytie of the profittes/ that fhuld grow & ryfe by the playes to be vied ther/ and alfo of the Rentes ffynes & other yerelie profittes of fuche other tenem‘* & places there/ as fhuld yerelie grow due for the fame/ and the faid James Burbage his executo™ and affignes to haue alfo the other moytie of the premiffes During the faid leafe in lyke maner/ To the 9. that he doth knowe that the faid Arbitrato™ did alfo Award betwene them/ That yf occafion fhuld move them the faid James Burbage and Jo. Braynes to morgage the faid leafe vppon the Borowing of any fome of money to paye Debtes/ concerning the faid Theater/ that then they both fhuld Joyne in the fame morgage/ and that money coming of the proffittes of the faid Playes & the other faid Rentes and ffynes/ to go to the Redemp- cion of the faid leafe/ as by the faid Award may appere/ To the 1o. that he doth knowe/ and fo is it confeffed by depofi- cions in the Chauncerye/ that the faid James Burbage and Jo. Braynes did according to the faid Arbitryment/ having {fpeciall 143 144 Charles William Wallace nede/ morgage ther faid leafe/ and the dymyfed premiffes therin to one Jo. hyde grocer of london/ for the fome (as he Remem- breth) of one Cxxv" or theraboutes payable at A certen Daye/ To the 11. that he doth knowe/ that the faid Cxxv" was not payd to the faid Jo. hyde at his Daye/ nor long after/ To the 12. that he doth knowe that ther was payd to the fayd Jo. hyde/ in the lyfetyme of the faid Jo. Braynes/ as the faid hyde did confeffe to the now comp!. all the faid C® and xxv" faving the fome of xxx" or theraboutes/ But whether it was payd before the faid leafe was forfeitted or no he faith he camnot de- pofe/ Nor whan or how the faid xxx" was payd/ after the deceffe of the faid Jo Braynes/ To the 13. that he did heare the faid Jo. Braynes faye before his deceffe many & often tymes/ that the faid Johne hyde did faith- fullye promes vnto him that yf he were payd his principall debt/ and fome reafonable confideracion for the tyme he did forbeare the fame/ he wold never take the advauntage of the forfetture of the leafe/ -And fyns the death of the faid Jo. Braynes, he this depot did dyvers tymes heare the fame Jo. hyde faye to the now comp! that he wold never take any forfetture of the faid leafe yf he might haue his money that was due behinde/ and any reafonable confideracion for the forbearing therof/ To the 14. that he did heare the faid Jo. hyde faye and promes to the now comp!/ that yf he were payd his money/ wt fome indyf- ferent confideracion for the forbearing therof/ that he wold re- affure the premiffes to the said comp! and to the faid James Bur- bage/ in refpecte it was morgaged vnto him/ by both the comple’ hufband and the faid Burbage/ faying that he verylie tooke it/ that by the death of the comple hufband/ his right & intereft of & in the fame/ did belong to the fame comp!/ To the 15. that he doth verie well Remember/ that on a tyme after 144 The First London Theatre 145 the deceffe of the faid Braynes/ his wyfe the now comp! went to the faid Jo. hyde and this Depot & others in her companye/ and offered him/ to paye him the money that was behynde vnpayd/ w by his owne confeffion was but xxx"/ yf he wold convey over vnto her the faid leaffe/ and that yf he wold fo do/ fhe wold be bounde to affure the faid James Burbage of the moytie of all the proffittes and Rentes therof/ faying in verye dede/ Although the faid Burbage wold & foght to defeat her of her right therin/ yet wold not fhe fo deale wt him/ and then the faid hyde made her ani*/ faying Whan I am payd my money/ then will I make it ouer to yo" & burbage as yo" hufband & Burbage made it to me/ or fpeche to the fame effecte/ To the 16. that he doth knowe that after the death of the faid Jo. Braynes/ the faid James Burbage did deteyne in his own handes/ the proffittes and Rentes of the faid premiffes/ of pur- pofe (as it was thought) that the faid leafe fhuld fall forfetted to the faid hyde/ & fo that he might take it over of the faid hyde in his own name/ or in the name of fome other to his vife/ as it trulie fell out after/ And faith that after the death of the faid Braynes the faid James Burbage/ did vtterlye denye the comp! to take or Receave any more of the proffittes or Rentes of the faid premiffes contrarye to the expreffe meaning & Wordes of the forefaid Awarde & Arbitryment/ Wherby the faid Jo Hyde was not payd his money according to the faid Arbitryment/ w* the Rentes and profittes of the premiffes/ as it ought to haue bene by the faid Arbitryment/ To the 17 that true it is the faid James Burbage (as the faid Jo hyde told this Depot) Did fo labo" him/ what by the faid Burbage wyfe/ and fpeciallye by lettres from one M* Cope one of the lord Treaforers gentlemen/ that he fhuld make ouer his intereft & claime of & in the faid leafe/ to Cuthbert Burbage the fone of the faid James Burbage/ the other now Defend*/ [to the vfe of him the fame James Burbage (stricken out) |/ vppon the payment of the faid xxx" & fome further confideracion/ meaning as this 145 146 Charles William Wallace Depot thinketh in his confcience/ to Defeat the comp" of her right in the premiffes/ And then the faid hyde anfred/ this Depot that he graunted the rather therunto for that bothe the faid James Burbage & his faid fone Did faithfullie promes him/ that the faid comp! fhuld haue her comtynuall moytie of the proffittes and Rentes of the premiffes/ w™ they faithfullie promifed vnto him (as he faid) fo to do/ During the tyme of the faid leafe/ the w™ (as he faid) he wold not haue done yf he had known they wold not haue lett her quyetlie haue the fame/ To the 18. that he doth well Remember/ that the faid James Bur- bage after the death of the faid Braines & before the Redempcion of the faid leafe did for a tyme fuffer the comp! to take fome of the profittes of the faid Playes/ fo long as fhe was hable to laye out money/ to the neceffary vfe of the faid Playe houffe/ to the fome of xxx" or theraboutes as fhe reported/ And no longer/ Whervppon this Depot on the comp"’* behalf both before & fins the Redempcion of the fame charged them w* the fame/ and the faid James made him anf*/ that fhe fhuld haue her moytie accord- ing to the faid Award/ whan all ther Debtes were payd/ and that fhe fhuld fufteyne no wrong ether at the handes of him/ or of his fone/ And likewyle this Depot meeting wt the fayde Cuthbert dyvers tymes & falling into fpeche wt him of the faid comp!es wrong myniftred vnto her by his ffather & him in that they wtheld her right from her of the Theater/ he anfwered/ that for his own part he was very well contented that the comp! fhuld haue her part of the faid Profittes/ yf his father wold agree to it/ being forye that ever he did entre into that accion/ ffor that he had both loft his tyme/ and trobled his M* in the fame/ Whereas fome other Sute vnto his M™/ would haue bene more profitable vnto him as had bene to fome of his fellowes that had not ferued his Mr” fo long as he had and wifhed he had never Delt in it/ To the 19. that he dothe verelie thinke in his confcience that the faid James Burbage/ and his faid fone/ and ther affignes fyns the laft Accompt or Reconing had & made betwene him the faid James and the faid Jo. Braynes for the proffittes & Rentes of the Theater 146 4 2 3 s The First London Theatre 147 & the howfes & tenem*’* there/ w was about viij or ix yeres pait/ to his Remembrance/ haue Receyved of Rentes and proffittes growing therby to the value of two thowland markes at the leaift for his owne parte/ And fo moche fhuld the faid Braynes/ and the now comp! haue had for ther partes of the faid proffittes and Rentes/ yf they had had right/ Befydes the moytie of CCxxxix" w™ the faid James Burbage was to paye to the faid Braynes as to one of the Credito™ of money lent out & lade fourth by him vppon the premiffes/ and w™ the faid James Burbage gave his word & promes to paye him/ together w' intereft for the fame/ fo long as it fhuld be vnpayd/ of the w® money this Depot heard the faid Braynes faye A litle before his deceffe/ that he had not receyved one penye/ And fhewed to this Depot alfo/ A bill of xvj" debt of the faid James Burbage w™ he was neuer payd alfo And befydes the moytie of the value of certen tymber lead/ Brick/ Tyle/ lyme & fand/ left of the building of the faid Thea- ter/ wo'the (as the faid comp! affirmethe) an hundreth poundes or an hundreth markes at the leaft/ And further to this Jnter- rogatory he cannot depofe/ then he hath before Depofed & fayd/ To the 20. that he doth knowe and was prefent whan the Ordre mencioned in this Jnterrogatory was made in the Co't of Chaun- cerye/ betwene the faid comp!/ and the now defend‘’* in the favoT of the fame defend*’s/ ‘Albeit the faid def‘®s did in gt con- tempt Difobey/ and wt heynous prefumptyous wordes/ neclecte & fett the faid Ordre at nought/ and the Arbytryment before mencioned allowed & confirmed by the fame/ in all Refpectes and poyntes/ To the 21. that he can fay no more in effecte/ then he hath laft before faid to the laft former Jnterrogatory/. To the 22. that he referreth him felf to certen Depoficions of Witneffes taken in this co"te of late/ concerning the manifeft and {carce tollerable contempt of the Def‘’* & other of ther company/ againit the faid Ordre/ and the faid Arbitrym'/ All w*® Duelye 147 148 Charles Wiliam Wallace and charitablye being confidered/ he this Depot Doth verylie think in his confcience/ that the now comp! is by this Sute vtterlye vndone/ and Dyvers of her ffrendes hyndered that haue Relieved her to the value of ffyve hundreth markes/ at the leaft/ And more to the forefaid Jnterrogatories he faith not/ [Signed] By me Robart Miles Henry Laneman of london gentleman of the age of liiij yeres or theraboutes fworne and ex’ the daie and yere aforefaid &c To the firft Jnterrogatory that he doth knowe all the parties of the named comp! and defend*e*/ And to the reft of this Jnterrogatory he faith he cannot depofe/ To the 2. that he can fay nothing To the 3. that he can fay nothing To the 4. that he can fay nothing To the 5. that he cannot depofe/ onlye he did heare/ that the building of the Theater at hallywell coft A thowfand markes/ but who did beftowe the charge yerof he knoweth not/ To the 6. that he cam fay no more/ but that the comen fpeche went/ whan the faid Theater was in building that it was Braynes money & Credit that builded the fame/ and that James Burbage was at y' tyme verye vnhable to Joyne therin/ To the 7. that he can fay nothing To the 8. that he did heare of fome contencion & variance that fell out betwene the faid James Burbage/ and the faid Jo. Braynes — after the fynifhing of the faid Theater and after that plaies were performed therin/ And that the faid Contencion & variance was by ther confentes put to the Arbitryment of certen perfones/ and that the faid perfones did make an Awarde betwene them/ wher- 148 The First London Theatre 149 _ unto he doth referre him felf for the troth of the fame/ * + 3 . * To the 9. that he Doth {till referre him felf to the faid Awarde/ To the ro. that he is ingnorant To the 11. that he is ingnorant To the 12. that he is ingnorant To the 13. that he is ingnorant To the 14. that he is ingnorant To the 15. that he cam fay nothing To the 16. that true it is/ about vij yeres now fhalbe this next Wynter/ they the faid Burbage & Braynes having the profittes of Playes made at the Theater/ and this Depot having the profittes of the playes Done at the houffe called the Curten/ nere to the fame/ the faid Burbage and Braynes taking the Curten as an Efore to their playe houffe/ did of ther own mocion move this Depot that he wold agree that the proffittes of the faid ij° Playe howies might for vij yeres {pace be in Dyvydent betwene them/ Wherunto this Depot vpon reofonable condicions & bondes agreed & confented and fo contynueth to this Daie/ And faith that at the firft mocion of this agreem* the faid Braynes had his porcion duelye anfwered him of the faid profittes/ and vntill he dyed/ But after his deceffe the faid Burbage began to abridge his wyfe the nowe comp! of that her hufband had of the premiffes/ and fhortlie after put her from all/ to the w™ vpon fome myflike had by this Depot of the vnkynde dealing of the faid Burbage, wt the faid Braynes wyfe, he this Depot told him many tymes that he did her wrong/ telling him that the comen fame went that it was braynes that was at the chefe charge of the building of the faid 149 150 Charles Wiliam Wallace Theater/ And otherwyfe or more to this Jnterrogatory he faith he cannot depofe To the 17. that he can fay nothing To the 18. that he can fay nothing To the 19. that he doth verelie thinke that the faid James Burbage fyns the Death of the faid Braynes who to this Depot’? Remem- braunce Dyed w'in the firft yere of ther compoficion and agreem* wt this depot hath receyved & had for his parte of the proffittes of the faid ij° playe howfes/ one yere wt another to this daye/ the fome of one hundreth markes or fourfcore poundes by the yere/ And this is all that he can faye to this Jnterrogatory/ To the reft of the Jnterrogatories he faith he cannot depofe/ Nor more faith in this matter/ [Signed] Henry lanman William Nicoll of london Notary publiq aged xliiij yeres or thereaboutes fworne & examined the laft daye of Julye in the yere aforefaid &c. To this firft Jnterogatory that he doth knowe the faid Margaret Brayne the Complainant and James Burbage one of the defend*es and hath knowen them by the fpace of xv™ or xvj yeres paft but he doth nott (to his now remembraunce) knowe the faid Cutbert Burbage or the faid Giles ‘Allyn named in the faid Jnterogatory/ To the 2. 3. 4. & 5. Jnterogatories this Deponent faieth that about fiftene yeres paft the faid James Burbage and one John Brayn Deceafed late hufband of the faid Complaynant came to this Deponent to his then fhop in the parifhe of St olave in thold Jury in london and required to have a leafe & Covenantes drawen betwene them of the moytie of certen howfes or Tenementes barne ftable Theatre gardeins and other premiffes w™ the faid James Burbage then held by leafe of one Giles Allyn of Hal- 150 The First London Theatre I51 lowell in the Countie of middlefer gent and Sara his wief fet and being (as this deponent taketh it) at Hollowell nere vnto ffynnefberry feildes in the Countie of middlefex then fhewing vnto this deponent as he now remembreth the Copy of the faid leafe at w™ tyme the faid James Burbage and John Brayne did declare to this deponent that though the leafe was taken in the name only of the faid James Burbage/ yet it was ment to be for both their vies and therfore he the faid James Burbage was willing to affure the one moytie of the premiffes to the faid John Brayne/ Whervpon this deponent did drawe and engroffe an Jndenture of leafe betwene them dated the ix daie of Auguft in the xix yere of the raigne of o* moft gratious foveraigne lady that now is, to the effecte of their then agreamentes./ W" leafe fo engroffed this Deponent thinketh (to his now remembraunce) was not fealed by the faid James Burbage/ for that the originall leafe made to him by the faid Giles Allyn and Sara his wief was then at pawne for money w™ was borowed for the building of the faid Theatre/ And therefore the faid John Brayne afterwardes about the xxij‘" of may in the Twentith yere of the raigne of of faid foueraigne Lady did require this deponent to drawe an obli- gation wherein the faid James Burbage fhould be bound to the faid John Braynes in foure hundreth poundes for the making vnto the faid John Brayne his executo™ admini{trato™ or affignes a good and lawfull leafe graunt and other affuraunce of the moitie . or one Jujt half of all and fingwler the faid Theatre and other the premiffes graunted to the faid James Burbage by the faid originall leafe and of all the benefit of the Covenantes grauntes and agreamentes comprifed in the faid leafe w bond or obli- gacion this deponent made and engroffed according to the agrea- ment betwene the faid parties./. and afterwardes the faid James Burbage did feale and delyver as his dede the faid obligacion to the faid John Brayne in the prefence of this deponent and one John Gardyner as by the faid obligation and tefte thereof wher- vnto he this deponent referreth him felf (being fhewed vnto him at this his examinacion doth appere/ And further this deponent faieth that fhortlie after the fealing of the faid bond there grew 151 152 Charles Wiliam Wallace fome Contencion betwene the said James Burbage and John Brayne towching the yndifferent dealing and collecting of the money for the gallories in the faid Theatre for that he well remembreth the faid John Brayne did thinck him felf much agreyved by the indyrect dealing of the faid James Burbage therein/ and coming then both together in the fhop of this de- ponent about bondes of arbitrament w this deponent thincketh he made betwene them to abide the order & arbitrament of one Richard Turner and John hill/ they the fame James Burbage and John Brayne fell a reafoning together of the yll dealing of the faid James Burbage./. at w" tyme this deponent was prefent and doth well remember that the faid John Brayne did declare theis wordes or the like in effect how he had left his trade and fold his howfe by the meanes of the faid James Burbage to Joyne with him in the building of the faid Theatre and that he had dif- burfed a great deale more money about the fame then the faid James Burbage had/ and there repeated what he had ‘laied out and what the faid Burbage had laied out (the certen fommes the deponent doth not now certenly remember) but he thincketh that the fomme then difburfed by the faid John Brayne was three tymes at the leaft as muche more as the fomme then difburfed by the faid James Burbage, and in the end declared fo many wordes of the ill dealing of the faid Burbage towardes him in that deal- ing of the Theatre/ that Burbage did there ftrike him w™ his fift and fo they went together by the eares Jn fomuch that this deponent could herdly part them/ And further this deponent faieth that afterwardes the xij daie of July in the faid Twentith yere of the raigne of o° faid foueraigne Lady the faid Richard Turner and John Hill did make enfeale and geve vp their award betwene the faid James Burbage and John Brayne in the prefence of this deponent and George Goffe then his apprentice as by the faid award Jndented and the Tefte therof w™ was fhewed to this deponent at this his examynacion doth appere/ and more to the faid Jnterogatories to his now remembrance he cannot depofe/. To the vj Jnterogatory this deponent thincketh that the faid James Burbage at the tyme of the taking of the faid leafe of 152 ee a. oe The First London Theatre 153 m’ Allyn and his wief was not able to beftowe for his parte of his owen money wout Credit) the fomme of one hundred poundes towardes the building of the faid Theatre for that this deponent thincketh that he the faid Burbage was not then worth a hundred poundes and as towching his credyt he thincketh it was but fmale/ and more he cannot depofe/ And to all the reft of the faid Jnterogatories this deponent faieth he cannot depofe otherwife then he hath alredy depofed/ [Signed] per me William Nicoll WILL OF MARGARET BRAYNE Commissary Court of London, Register 1592-07, p. 20. [The will of John Brayne, an old one, dated 1 July, 1578, and proved 10 August, 1586, just after his death, is also registered in this court, in the register for 1585-092, p. 29. But as he had disposed of most of his prop- erty by deeds of gift, and the will makes no mention of theatrical interests, no further notice need be taken of it. The widow, of course, claimed the moiety of the Theatre as executrix.] In the name of God Amen the eight daye of Aprill Anno 1593 in the xxxv™ yeere of the Reigne of our fouereigne Lady Elizabeth by the grace of god Quene of Englande ffrance and Irelande de- fendor of the faith &c I Margaret Braine of the parifhe of St Mary Matfellon alias whitechapell in the Countie of Middlesex widdow beinge wholl in mynde fyck of body but of a perfect memory and remembraunce laude and prayfe be given to all- mightie god therefore doe make and ordeine this my prefent writinge conteyninge herein my laft will and Teftament in manner and forme followinge that is to faye ffirft and principally and aboue all thinges I comende my foule to allmightie god my maker and to Jefus Chrift his fonne my favioT and redemer trufting in and by his merittes and precious blood fheddinge to be faved and to atteine liefe euerlaftinge And as concerninge the difpoficion of all and fingular fuch my goodes Chattles ymplementes and houfhold ftuff and other goodes whatfoeuer movable and vnmov- 153 154 Charles Wiliam Wallace able which I am now invefted or w™ to me is or fhalbe by any manner of wayes or meanes howfoeuer appurteyninge or belong- ing I freely and wholy geve and bequeth the fame in manner and forme followinge That isto faye Item I geue and bequeth vnto Robart Miles Cittizen and goldfmith of London in confideracion that I am greatly indebted vnto him in fuch greate fome and fomes of money that all the goodes I haue in the wholl worlde will nothinge countervaile the fame all fuch intereft right propertie claime and demande whatfoeuer which I the faide Margaret Brayne haue fhould or ought to haue of in or to the one moytie or halfe parte of the playhoufe comonly called the Theater Nere Holliwell in the Countie of Middlefex And alfo my mynde and will is that the faide Robart Miles fhall haue all the benefite proffitt and comoditie thereof any faige [sic] comynge or grow- inge or w* by any meanes may difcende or come by vertue of the faide moytie or half parte of the Theater to me in Right be- longinge as aforefaide Item I geue and bequeth vnto the faide Robart Miles all and all manner of bandes bills fpecialties debtes fomme and fomes of money whatfoeuer as I now haue or w™ by vertue of any fuch bandes or fpecialties may be gotten wonne or obteyned or which now and here after fhall growe dewe and pay- able And laftly I geue and bequeth vnto the faid Robart Myles all and fingular my goodes Chattalls houfhold ftuff and other of my goodes whatfoeuer Item my will is in confideracion partly of the premiffes that the faide Robart Miles fhall keepe educate and bringe vp Katherine Braine my hufbandes daughter of whome I hope he wilbe good and haue an honeft care for her preferment And I make and ordeine the faide Robart Miles fole Executor of this my faide Teftament and laft will It witnes whereof I the faide Margaret Braine haue herevnto fett my hande and feale the daye and yeres firft aboue written fignum dicte Margarete Brayne Sigillatwm et deliberatwm in prefencia Georgij Harrifon fcr Nicholas Bifhop John Pattefon witneffes Burbary Bifhop and Elizabeth Hunt/ [Proved May 3, 1593.] 154 —_— ———— The First London Theatre L565 MYLES V. BURBAGE Chancery Decrees and Orders, vol. 1593 “B,’ 785. Hilary, 36 Elizabeth (1593-4). xj° die ffebruarij [1593-4] Robte Myles p't fforafmuch as this Cowrte was the prefent James Burbage dayYnformed by M® Scott beinge of the Cutbert Burbage p's councell That the Matter wherein and others def‘ Margarett Brayne was latelye p"* againft the aboue named def‘ ftandinge here- tofore Referred vnto Mt Dt Stanhop and M* D* Legg two of the M's of the Cowrte and they beinge redye to make theyr Re- port the fayd Margarett then p't dyed. fynce w tyme the faid Robte Myles hath exhibited A bill and Served proces vpon the deft*s to Anfwere the fame to revyue the faid form® fuyte and the orders of Referment made theirevpon in the fame ftate yt ftood at the tyme of the former pl*** deathe It ys therefore ordered that the fayd M*s of this Cowrte fhall att the nowe p"* fuyte take the lyke confyderacion as they were to doe of the Matters to them before referred at the former p's fuyte and make fuche Report thereof as by the former orders made in that behalf they were appoynted to doe That fuch further order may be taken therevpon as to this Cowrte fhalbe thought meete/ BURBAGE VU. MYLES | Chancery Decrees and Orders, vol. 15904 “A,’ 857; also in 1594 “B,” 862. Hilary, 37 Elizabeth (1594-5). xiiij die Marcij [1594-5] James Burbage p! fforafmuche as the Right honorable Robte Miles defendt S' John Puckeringe knight Lorde keeper of the greate Seale of Eng- land was this prefent daye informed on the p!* behalf by M* 155 156 Charles Wiliam Wallace Borne beinge of his Councell that the faid parties haue croffe billes the one againft the other and that witneffes in the faid feverall cawfes are examined and publicacion at one tyme by con- fente of the faid parties was longe fynce had And that the cawfe wherein the faid Burbage ys p' for the moft parte Concernethe the other And that the cawfe wherein the faid Miles is p! ys ap- pointed to be heard at the Rolles Chappel on Monday the xxiij day of May next It was therefore moft humbly defired by the faid M* Borne ffor that the matter wherein the faid Burbage is p! againft the faid Miles was firft comenced and is alfo Reddy for the hearinge as aforefaide might be alfo heard together w' the other cawfe wherein the faid Miles is p! on the xxviij™ day of May next at the faid Chappell of the Rolles It is ordered by his Lo: that if the faid Miles fhall not by the fecond Retorne of the next terme fhowe vnto this Courte good cawfe to the contrarye then the faid cawfe wherein the faid James Burbage is p' is fet downe to be heard on the faid xxviij™ day of May w*out further mocion to be made in that behalfe And the faid Miles or his Attorney ys to be warned hereof/ MYLES VU. BURBAGE Chancery Decrees and Orders, vol. 1595 “A,” 130; also m 1595 “B,’ 140. Easter, 37 Elizabeth (1595). ; xxviij die Maij [1595] Robte Miles p! The matter in queftion betweene the James Burbage faide parties towchinge the moytie of the and Cutberte Bur- leafe of the Theator in the bill men- bage defend*es cioned and the proffites thereof Comynge this prefent day to be heard in the prefence of the Councell learned on bothe partes It was alledged by the defend*®s Councell that the faid p' had not only a bonde of 400" made vnto him by the def‘'** for the Affigninge over of the fame moytie vnto him wherevpon a demurrer ys nowe joyned at 156 4a 4 4 The First London Theatre 157 the comon lawe, but alfo an other bonde of 200" made for the performance of an Arbytrament made betwene the faid parties w™ the faid p' pretendeth to be alfo forfyted by the deft And therefore as the faid Councell alledged the p' hathe no neade of the Ayde of this Courte for the faid leafe and profittes It ys therevpon thought fitt and foe ordered by this Courte that the faid p! fhall proceede at the comon lawe againit the faid defend* vpon the faid bondes To thend yt may be feene whether the p! can Relive him felfe vpon the faid bondes or not But if yt fall out that the p' canot be Relived vpon the faide bondes Then the matter fhall Receave a fpedy heringe in this Corte And fuche order fhalbe geven therevpon As the equity of the cavfe fhall Require And in the meane tyme the mattr ys Reynd|= Re- teyned] in this courte [End of the case in Chancery. This final order, with modern spelling and wrong date of 1596 for 1595, was printed first by J. P. Collier, Actors if S.); pe 10. Myles was unable to get relief at the Common Law. The secret of the matter is that the case of Widow Brayne and Myles had no foundation in either law or equity, and that it was prosecuted solely by Myles’s money from the first, out of malicious enmity by her and him toward the Bur- bages. Failing in both the Chancery and the Common Law, Myles again took up the case, after the death of James Burbage in 1597, this time in the Court of Requests, as shown in the next document, to harass his widow and his sons Cuthbert and Richard Burbage. It would have been remarkable if Shakespeare had not fused some of Myles’s traits into immortal features, particularly his Shylock-like insist- ence on the pound of flesh. Such annoyances to the close business asso- ciates of the great dramatist, hindering the success of the company, can hardly have failed to leave a residuum of human experience plastic to the hand of the poet.] 157 158 Charles Wiliam Wallace MYLES ¥, BURBAGE AND ALLEN Court of Requests Proceedings, Uncalendared, Bdl. 306. BILL [Bill only. No answer has ever been attached to it. Filing entry, regu- larly placed on back of bill, wanting. Undated; but internal evidence shows the bill was drawn early in 1597, shortly after the death of James Burbage, which fell in February. The first court-order on it is dated May 9, 1597. The suit is an attack on the Burbage estate. Having failed in his previous long litigation, Miles as executor of the late Margaret Brayne, now claims a moiety of the Theatre and 600 /. as due to him. Giles Allen is cunningly made co-defendant with the Burbages. It is evident on the face of it that the case could not stand in either law or equity. ] To the Quenes Mofte excellent Ma‘ in her highnes courte of Requefte Humblye complaynyng fheweth vnto your Mofte excellent ma‘? your ma*®* mofte faithfull fubiect Robert Myles of London Gould- {mythe executo™ of the laft will and teftament of Margerette Braynes Deceafed executrixe of the laft will and teftament of John Braynes her hufband allfo Deceafed That wheras one Gyles Allen gent and Sara his wief did for a ffyne of twentye powndes wherof one haulf was paid by the faid John Braynes and the other by one James Burbage Deceafed by their Deede Jndented Demytfed and leafed to the faid James Burbage in the eightenth yeare of the Quenes Mat reigne Dyvers meffuadges and tennementes and vacant peeces of grounde in Hallowell in the countye of Myddle- fexe for the terme of twenty and one yeares rendring the yearly rent of fowrtene powndes in which Demyfe or leafe the faid James did covenaunte to beftowe two hundreth powndes in buyldinges in and vppon the Demyfed premyffes Jn confyderacyon wherof the faid Gyles and Sara did covenaunte to and with the faid James and his affignes that hee the faid Gyles and Sara and their heyres and affignes within tenn yeares followyng the begynyng of the faid 158 SS. ol The First London Theatre 159 : demyfe would make a New Demyfe or leafe of the premyffes to _ the faid James or his affignes for one and twenty yeares to be- gynne att the makyng of the faid demyfe rendring the lyke rent as aforefaid and vppon the lyke covenauntes as the former demyfe was made except as in the faid covenauntes is excepted for Makyng of which faid leafe the faid Gyles allfo became bounde to the faid James in a fome of money vnknowne to the faid Robert and allfo the faid Gyles and Sara did further covenaunte to and with the faid James and his affignes that att any tyme before the end of the firft leafe aforefaid the faid James and his affignes mighte haue taken Downe and carryed awaye all fuch buyldinges as fhould be buylded by the faid James and his affignes in a gardyne and void grownd demyfed by the faid former leafe ex- cepte fuch buyldyngs as fhould bee buylt by the expenfe of the faid two hundreth powndes And wheras allfo the faid James beyng not able to buyld accordinge to the agrement made and to his Defire vppon the Demyifed premyfes dyd both before and after the faid firft Demyfe and leafe foe taken agree and promyfe to and with the faid John Braynes that the faid John and his executo™ fhould haue the bennefytte and profyttes both of the firft demyfe and lykewyfe of the fecond demyfe which was to bee made and allfo of the covenaunte and covenauntes aforefaid and of all other covenauntes and bondes by the faid Gyles and Sara or any of them for or confernyng the premyifes to the yntent and in confyderacyon that the faid John fhould dyfburfe a moytye both of the faid two hundreth powndes and of all other chardges which fhould aryfe and growe in buyldyngs or otherwyfe concernyng the premyffes nowe foe yt ys and yt maie pleafe your mofte excellent ma‘ that fince the firft Demyfe and agrement as aforefaid the faid John Braynes dyd loyne with the faid James in the buyldyng aforefaid and dyd expend thervppon greater fomes then the faid James that ys to faie att leaft fyue or fixe hundreth powndes after which tyme the faid John Did for a tyme perceyue & take proffyttes of the moytye of the faid demyfed premyffes by the affent of the faid James as alfo by an arbitrament betwene them made by Richard 159 160 Charles William Wallace Turnar & John Hill vntill the faid James did morgage the faid leafe vnto one John Hide for a hundreth twentye fyue powndes or theraboutes and did forfeyte the faid leafe vnto the faid John Hide for non payment of thirty powndes only all the which Money thirty powndes excepted was paid by the faid John Braynes vnto the faid John Hide who allwayes made faithfull promyfe that vppon the paiem' of the faid thirty powndes and fome confyderacyon befide for the forbearyng of the money hee would affure the leafe back agayne vnto the faid John Braynes and the faid James Burbage and theyr affignes all the which hee was Moved vnto by the reafon that hee the faid John Hide dyd know of the faid agrement and ioynt expenfes and perceptyon of proffyttes by the faid John and James before the faid morgage after the which tyme the faid Hide by covyne of the faid James and one Cutberd Burbage his fonne contrarye to his faithfull promyfe that hee would affure the faid leafe vnto the faid John Braynes and to the faid James Burbage not any waye takyng advantage of the faid morgage did convaye the faid leafe vppon paiement of the faid thirty powndes to the faid Cutberd only to _ defeate the faid agrement which faid convaieance was fome feaven yeares agoe or theraboutes fince which tyme the faid Cutberd hath taken all the proffyttes of the faid leafe The which faid leafe is nowe expired And the faid James Burbage is Deceafed and the faid Braynes being yndetted yn the fome of fyue hundreth powndes to this compl' made his wief Margerette his executrix and Died which Margerette allfo remaynyng in the Dett as afore- faid to yo" faid fubiect made him to that end her executo™ and Died fithence which tyme the faid Robert as executo™ to the faid Margerette the executrixe of the faid John Braynes hath often required the faid Cutberd and Gyles and Sara to permytte and fuffer him to take Downe fuch buyldinges as by the covenaunte aforefaid were to be taken downe and to allow this comp! the moytye of the tymber and other thinges or the value of the moytye therof and allfo this compl' hath often required the faid Gyles and Sara according to the covenaunte aforefaid to make to him as executo™ of Margerette Braynes aforefaid executrixe 160 ee | The First London Theatre 161 of the faid John a leafe of the moytye of the premyffes before Demyfed accordinge to the covenaunte and agrementes aforefaid and allfo allthoughe the faid Robert hath required the faid Cutberd to allowe him the arrerages of the moyty of the prof- fyttes of the Demyfed premyffes aforefaid receyved by the faid Cutberd fythence the convayance therof to him Made by John Hide aforefaid yett that to Doe they vtterly Deny contrarye to all equitye and good confcience and Wheras allfo the faid James had taken all the proffyttes of the faid demyfed premyffes con- trarye to the trufte aforefaid vntill thaffignement made by Hide as aforefaid to the faid Cutberd and becaufe hee was other wyfe yndebted to the faid Braynes in obligacyons in fixe hundreth powndes and fithence Died inteftate and one Ellen Burbage hath taken admynyitracyon of the goodes of the faid James and hath gotten goodes and chattells of his into her handes amounting to a thowfand powndes refufeth to paie and allowe to this comp! the arrerages of the moytye of the proffyttes taken by the faid James before the faid affignem' and allfo to paie the faid other Dettes alledging fhee hath noe goodes in her handes vnadmynyt- tred wherby yo" ma‘ pore fubiect is likely euery waie to be De- _ feated except hee maie haue fome releyf before yo™ ma‘? in this honnorable court And forafmuche allfo as yo™ ma‘®* pore fubiect is alltogether without his remedy att the common law for the recouerye of the moytye of the proffittes of the Theater & other the landes and tennementes foe wrongfully taken by the faid James and Cutberd Burbage by the reafon that the faid John Braynes had noe affignemt made vnto him of the faid leafe foe taken by the faid James Burbage of the faid Gyles Allen allthougn yt were taken as well to the vie of the faid John Braynes as vnto the vie of the faid James and foe lykewylfe of the faid bennefytte of all the covenauntes conteyned in the faid leafe and forafmuche allfo as yo" Ma:**s pore fubiect hath noe remedye by the common lawe to compell the faid Gyles Allen and the faid Sara to make a New leafe according to his covenauntes conteyned in the faid leafe for a longer tyme allthough hee is yntereffed yn all equitye in the fame as executo" vnto the faid Margerette Braynes thexecu- 161 162 Charles William Wallace trixe of the faid John Braynes who beftowed all the Coft in effect vppon the buyldinges & ftood vppon the faithfull promas of the faid James & Cutberd to have a moytie of the faid leafe to be affigned and forafmuche allfo as yo" Ma:*** pore fubiect ys all- together wout his remedye vppon the faid bondes of fixe hun- dreth powndes as aforefaid they being made void by the connyng practyzes of the faid James Burbage Cutbert Burbage & the faid Ellen by attachme'®s & oth™ devyfe And forafmuche allfo as the faid Gyles Allen and Sara haue bynne required to make a lease of the moytye of the premyffes as aforefaid who hath refufed foe to doe Jn tender confideracyon wherof Maie yt pleafe yo™ Ma: the premiffs confidred to graunte vnto yo" pore fubiect yo™ mofte gracyous writte of Pryvye feale to be Derected vnto the faid Ellen Burbage Gyles Allen & Sara his wief and Cutbert Burbage comaunding them perfonally to appeare before yo" ma’, counfell of yo™ highnes court of Requeftes att a certeyne tyme therin lymytted & appoynted then and there to anfwhere the premyffes and allfo to abide fuch order and Derectyon as fhall feme to ftand with goode confcience And yo" fubiect accordinge to his Duty wyll Dailie praie for yo" Ma:*® raigne in all happines long to raigne oucr vs ‘To the pleafure of Allmightye God. Scott [attorney] COURT ORDER, MAY Q, 1597 Requests, Misc. Books, vol. 48 (Draft Order Books) Nono die Maij [A° xxxix R™ Elizabethe (1597) ] Roberte Myles compl' Cuthbert Burbage and others defend‘ vppon the mocion of m™ Walter beinge of counfaill w the faid defend'e* yt is Ordered that the Atturneis on bothe fydes conferr the bill preferred by the plaintiff into her ma‘¢* highe Corte of Chauncery againft the faid deft’ together w™ his bill heare de- pendinge in this corte, And yf vppon reporte thereof to be made yt fhall appeare that they bothe conteyn one matter in fubftaunce and effecte, Then the fame matter fhalbe fromhence difmiffed/ 162 The First London Theatre 163 COURT ORDER, MAY 27, 1597 Idem. xxvij™ die Maij A° predicto (1597) ffor afmuche as in the caufe at the fute of Roberte Myles compl* againit Giles Allen and others defend'’* M* Scott beinge of coun- faill w™ the faid compl' hathe this day enformed her Ma‘ coun- faill in this corte that the perfons named in the bill w™ formerly depended in Chauncery concerninge this caufe and in the bill nowe dependinge in this corte concerninge the fame caufe are not all one but feuerall and diftincte Therefore vppon mocion of M* Scott aforefaid yt ys Ordered (notw{tandinge any former Order) that this caufe fhalbe reteyned in corte to be heard in the fame, And that the faid defend*e* fhall make their full and perfect Aunfweres vppon their othes vnto the faid compl** bill in this corte w™out delay at their pevills/ [Succeeding orders, if any, are lost. The Order Books that should have contained them are missing. It is doubtful if answers were ever made, as above ordered. In any case, they are not now extant, for we have searched the records of the Court of Requests from end to end and transcribed for publication all the theatrical documents they contain, without coming upon the answers referred to. | ALLEN UV, STREET Queen’s Bench, Trinity, 42 Elizabeth. (1600), m. 587. [This suit was brought by Giles Allen nominally against Peter Street, the carpenter, but in effect against Cuthbert Burbage, for tearing down the Theatre. In the course of it, the unexecuted lease of 1585, incorporat- ing main parts of the original lease of 1576, is quoted entire. The case was stopped by the Court of Requests, first by injunction of April 10, 1600, and finally by decree of Oct. 18, 1600. See next suit. The present suit was found by Halliwell-Phillipps, who quoted extracts from it in his Outlines, I, 348-49, 359-60, 361-373. Allen caused the pleadings to be entered on the records, contrary to an order of the Court of Requests of May 31, 1600. See affidavit of Cuthbert Burbage on it, June 11, 1600, Sir Julius Caesar’s order, of same date, for arrest of Allen for contempt, Allen’s statement of the affair, in his Star Chamber suit, Allen v. Burbage, 1602, and the examination of Richard Lane in the same suit.] 163 164 Charles Wiliam Wallace Adhuc de Termino fancte Trinitatis Te/te J. Popham Midd ff Memorandum quod alias scilicet Termino Pafche Anno regni domine Elizabethe nunc Regine Anglie quadragefimo primo coram eadem domina Regina Apud Weftmonafterium venit Egidius Aleyn Armiger per Johannem Tanner Attornatum suum Et protulit hic in Curia dicte domine Regine tunc ibidem quan- dam billam suam verfus Petrum Strete in Cuftodia Marrefcalci &c de placito tranfgreffionis Et sunt plegi de profequendo scilicet Johannes Dov & Ricardus Rov Que quidem billa sequitur in hec verba ff Middlesexia ff Egidius Aleyn Armiger queritur de Petro Strete in Cuftodia Marrefcalci Marefcalcie domine Regine coram ipfa Regina exiftente de eo quod ipfe vicefimo die Januarij Anno regni domine Elizabethe nunc Regine Angle quadragefimo primo vi & armis &c Claufum ipfius Egidij vocatum the Jnner Courte yarde parcellam nupert Monatiterij Prioratws de Hally- well modo diffolutt Apud Hallywell in Comitatu predicto fregit & intrauit Et herbam ipfius Egidij ad valenciam quadraginta solidorwm adtune in Claufo predicto crefcentem pedibus suis ambulando conculcauit & confumpfit Et quandam structuram ipfius Egidij ibidem fabricatam & erectam vocatam the Theater ad valenciam septingentarum librarum adtunc & ibidem diruit divulfit cepit & abcariauit Et alia enormia ei intulit contra pacem dicte domine Regine ad dampnum ipfius Egidij octingentarwm librarum Et inde producit sectam &c Et modo ad hune diem scilicet veneris proximum proit Craftinum sancte Trinitatis ito eodem Termino vique quem diem predictus Petrus Strete habuit licenciam ad billam predictam interloquen- dum Et tunc ad refpondendum &c Coram domina Regina apud Weitmonafterium venerunt tam predictus Egidius Alleyn per Attornatum suum predictum quam predictus Petrus Strete per Thomam Petre Attornatum suum Et idem Petrus defendit vim & iniuriam quando &c Et quoad venire vi & armis ac totum & quicquid quod eft fuppo/fitum fieri contra pacem dicte domine Regine nunc preter fraccionem & intracionem in claufum predic- tum & herbe predicte conculcacionem & confumpcionem Necnon 164 oo = The First London Theatre 165 dirupcionem divulcionem capcionem & abcariacionem predicte Structure vocate the Theater idem Petrus dicit quod ipfe in nullo eft inde culpabilis Et de hoc ponit se super patriam Et pre- dictus Egidius simtliter &c Et quoad predictam fraccionem & intracionem in claufum predictum & herbe predicte conculcacio- nem & confumpcionem necnon dirupcionem divulcionem capcio- nem & abcariacionem predicte Structure vocate the Theater idem Petrus dicit quod predictus Egidius accionem suam predictam inde ver{us eum habere seu manutenere non debet quia quoad predictam fraccionem & intraccionem in claufum predictum & herbe predicte conculcacionem & confumpcionem idem Petrus dicit quod predictus Egidius Alleyn dudum ante predictum tem- pus quo supponit tranigreffionem illam fieri seifitus fuit de & in predicto Claufo cum pertinentis in quo &c in dominico suo vt de feodo Et sic inde seifitus exiftens idem Egidius poftea & ante predictum tempus quo &c scilicet die Anno regni dicte domine Elizabethe nunc Regine Anglie apud Halliwell predictam in predicto Comitatu Middlefexia dimifit conceffit & ad firmam tradidit cuidam Cutberto Burbage execu- toribus & Affignatis suis Claufwm predictum cum pertinentiis habendum &tenendum Claufum predictum cum pertinenttis eidem Cutberto Burbage quidem ambabus partibus placeret reddendo pro inde annuatim durante termino predicto quatuordecim libras legalis monete Anglie heredibus & affignatis suis ad quatuor anni terminos videlicet ad fefta Annunciacionis beate Marie virginis Nativitatis sancti Johannis Baptiste sancti Michiaelis Archangeli & Natalis domini per equales porciones virtute cuius quidem dimiffionis predictus Cutbertus in Claufum predictum cum perti- nentiis in quo &c intrauit & fuit inde poffefflionatus per quod idem Petrus vt seruiens eiufdem Cutberti ac per eius mandatwm predicto tempore quo &c in predictum Claufum in quo &c fregit & intrauit Et herbam in Clau/o predicto crefcentem pedibus am- bulando conculcauit & confumpfit prout ei bene licuit Et quoad predictas dirupcionem divulcionem capcionem & abcariacionem predicte structure vocate the Theater idem Petrus dicit quod dudum ante tranifgreffionem illam superius fieri suppofitam pre- 165 166 Charles William Wallace dictus Egidius Alleyn & Sara vxor eius fuerunt coniuncte sei/iti de predicto claufo vocato the Jnner Courte dudum parcella dicti nuperi monafterij Prioratus de Hollowell modo difoluti in dominico suo vt de feodo Et ijdem Egidius & Sara sic inde seifiti ex- iftentes dudum ante tranigreffionem predictam superius fieri sup- pofitam scilicet decimo tercio die Aprilis Anno regni dicte domine Elizabethe nunc Regine Anglie decimo octauo apud Hollywell pre- dictam in predicto Comitatu Middlesexia per quandam Jnden- turam factam inter eofdem Egidium Alleyn per nomen Egidij Allyen de Hollywell in Comitatu Middlesexia generofi & Saram vxorem eius de vna parte & Jacobum Burbage de londonia Joyner ex altera parte cuius alteram partem sigillis ipforwm Egidij Alleyn & Sare vxoris eius sigillatam idem Petrus hic in Curia profert dimiferunt claufwm predictum cum pertinentiis inter alia eidem Jacobo Burbage habendum & tenendum claufum predictum cum pertinentiis prefato Jacobo Burbage executoribus & affig- natis suis a fefto Annunciacionis beate Marie virginis vltimo elap/o ante datwm Jndenture predicte vique finem & terminum viginti & vnius annorwm extunc proxime & imediate sequentem & plenarie complendum & finiendum Et predictus Jacobus Bur- bage per eandem Jndenturam convenit & conceffit pro se hered- ibus executoribus administatoribus & affignatis suis & pro quoli- bet eorum ad & cum prefato Egidio Alleyn & Sara vxore eius heredibus & affignatis suis quod ipfe idem Jacobus Burbage ex- ecutores vel Affignati sui tam in confideracione predicte dimit- fionis & termini annorum per Jndenturam predictam conceffam quam pro & in confideracione Maheremij laterum anglice Bricke tegularum plumborum & omnium aliarum rerum anglice ftuffe provenientum de tenementis horreo & omnibus alijs premiffis per Jndenturam predictam dimiffis ad eius aut eorum cuftagia & onera infra decem annos proxime sequentes datum Jndenture predicte impenderent & exponerent in & super edificacionem alteracionem & emendacionem predictarum domorum & edifici- orum pro melioracione eorundem vt in eadem Jndentura predicta prefertur per prefatwm Jacobum Burbage executores seu affig- natos suos faciendas summam ducentarum librarwm legalis mo- 166 ee Ss oer, The First London Theatre 167 nete Anglie ad minus valore tanti predictorum veterum Maheremij & rerum anglice stuffe circa eadem impendendorum & expo- nendorum Computato parcella predicte summe ducentarwm libra- rum Et veterius predicti Egidius Alleyn & Sara vxor eius con- venerunt & concefferunt pro seipfis & heredibws executoribus adminiftratoribus & affignatis suis & pro quolibet eorum ad & cum prefato Jacobo Burbage executoribus & affignatis suis per eandem Jndenturam quod ijdem Egidius & Sara vel vnus eorwm vel heredes vnius eorum ad aliquid tempus vel tempora infra decem annos proxime sequentes datum Jndenture predicte ad & super licitam requificionem vel demandam predicti Jacobi Bur- bage executorum adminiftratorum vel afflignatorum suorum ad eius & eorum cultagia & onera in lege facerent aut fieri caufarent prefato Jacobo Burbage executoribus aut affignatis suis novam dimiffionem seu conceffionem similem conceffioni in Jndentura predicta specificate omnium predictorwm Mefuagiorum tenemen- torum terrarum fundi & soli & ceterorum premifforum per Jnden- turam predictam preconcefforum pro termino viginti & vnius an- norum incipiendo a die confeccionis eiufdem conceffionis sic faciende/ reddendo proinde annuatim predictwm annualem red- ditwum quatuor decem librarwm ad fefta premencionata & sub talibus condicionibus convencionibus Articulis & agreamentis quales ante & poft hanc convencionem in predicta Jndentura men- cionantur & expreffantur & non aliter preter hanc convencionem pro confeccione nove dimiffionis infra decem annos & predictam convencionem pro impendicione anglice the beftowinge predicte summe ducentarum librarum prout per eruditum concilium pre- dicti Jacobi executorum vel affignatoruwm suorwm racionabiliter advifaretur vel devifaretwr modo & forma predictis/ Et vlterius predicti Egidius Alleyn & Sara vxor eius convenerunt & con- cefferunt pro seipfis heredibus executoribus & affignatis suis & quolibet eorum separatim convenit & conceffit ad [&] cum pre- fato Jacobo Burbage executoribus & affignatis suis quod licitum foret eidem Jacobo executoribus seu affignatis suis in confid- eracione impendicionis & expoficionis predictarum ducentarum librarum modo & forma predictis ad aliquod tempus & tempora 167 168 Charles William Wallace ante finem predicti termini viginti & vnius annorum per pre- dictam Jndenturam conceffi aut ante finem predicti Termini vi- ginti & vnius annorum poft confeccionem Jndenture predicte vir- tute eiufdem Jndenture concedende habere diruere & abcariare ad eius aut eorwm proprium vium imperpetuum omnia talia edi- ficia & omnes alias res qualia edificata erecta aut suppo/ita forent anglice sett vpp in & super gardinum & locis vacuis anglice the groundes per Jndenturam predictam conceffis aut aliqua parte inde per predictum Jacobum executores vel affignatos suos aut pro theatro vocato a theater or playinge place aut pro aliquo alio licito vfu pro eius aut eorum Commoditate preter talia edificia qualia poft hac facta fuerunt virtute premifforum predictorum racione impendicionis & expoficionis predicte summe ducentarum librarum abfque aliquo impedimento clamatione tribulacione vel interrupcione predictorum Egidij Alleyn & Sare vxoris eius aut alterius eorum aut heredum executorum adminiftratorum & Af- fignatorum eorum vel alicuius eorum aut aliquarum aliarum per- fone vel perfonarwm in vfu anglice behalfe iure aut titwlo aut per remedium anglice by the meanes vel procuramentwm eorum vel aliquorum eorum Et vlterius idem Petrus Streete dicit quod predictus Jacobus Burbage virtute dimiffionis predicte in tene- menta predicta cum pertinentis intrauit & fuit inde poffeffion- atus Et sic inde poffeffionatus exiftens idem Jacobus Burbage ad eius cuftagia & onera infra predictos decem annos proxime sequentes datum Jndenture predicte impendidit & expofuit de & super edificactone alteracione & emendacione tenementorum & edificiorum predictorum per ipfum Jacobum Burbage vt prefer- tur de & super premiffis faciendis summam ducentarum librarum legalis monete Angle valore tantt predictorum veterum Mahere- mij & rerwm anglice stuffe circa eadem impenlorum & expofi- torum accomputato parcella predicte summe ducentarum librarum Et viterius quod predictus Jacobus infra predictos decem annos proxime poft datum Jndenture predicte ad eius propria onera & expenfa fabricauit & erexit super predicta vacua funda Struc- turam predictam vocatam the theater in narracione predicta spe- cificatam Et viterius idem Petrus Streete dicit quod predictus Jacobus Burbage poft confeccionem Jndenture predicte & infra 168 The First London Theatre 169 predictos decem annos proxime sequentes datum Jndenture pre- dicte scilicet primo die Novembris anno regni dicte domine Regine nunc vicefimo septimo apud Hallywell predictam in Comitatu Middlefexia predicto ad eius propria onera & cuitagia retinuit quendam Willelmum Danyell armigrum nunc seruientem ad legem fore a concilio suo ad devifandwm novam dimiffionem similem dimiffioni in eadem Jndentura specificate omnium pre- dictorum mefuagiorum tenementorum terrarum fundi & soli & ceterorum premifforwm per Jndenturam predictam preconcef- forum pro termino viginti & vnius annorwm incipiendo a die datz Jndenture predicte sic vt prefertur faciende Et quod predictus Willelmus Danyell poftea scilicet predicto primo die Novembris anno vicefimo septimo predicto apud Hallywell predictam in Comitatu Middlesexia predicto devifauit vnam novam dimif- fionem premifforwm predictorum que quidem nova demiffis se- quitur in hec verba ff This Jndenture made the fyrit daye of November in the Seaven & twentythe yeare of the reigne of our soueraigne ladye Queene Elizabeth &c Betweene Gyles Allen of Holliwell in the Countye of Middlesex gen & Sara his wyfe of the one party And James Burbage of london Joyner of thother party witneffethe That the saide Giles Allen and Sara his wyfe of one affent & confent in accomplifhing & fulfilling of a certayne Covenante conteyned & mencioned in one former Jndenture of leafe made of the landes & tenementes herafter mencioned bear- inge date the thirteenth daye of Aprill Anno domini 1576 and in the eighteenthe yeare of the raigne of our fore sayde soueraigne ladye queene Elizabeth made betweene the sayde Gyles & Sara his wyfe one thone partie and the sayde James Burbage on thother have sett & to ffarme letten & by thes prefentes doe sett & to farme lett vnto the sayde James Burbage all thos two howfes or tenementes w“appurtenances w™ att the tyme of the sayde former demife made weare in the seuerall tenures or occupacions of Johan Harrifon widowe & John Dragon and alfo all that howfe or tenement w* Thappurtenances together w* the gardyn grounde lyinge behinde parte of the same beinge then likewife in the occu- pacion of William Gardiner w™ sayd gardeyn plott dothe extende 169 170 Charles William Wallace in bredthe from a greate stone walle there w™ doth inclofe parte of the gardyn then or latlye beinge in the occupacion of the sayde Gyles vnto the gardeyne ther then in the occupacion of Ewin Colfoxe weaver & in length from the same howfe or tenement vnto a bricke wall ther next vnto the feildes commonly called ffinfbury feildes And alfo all that howfe or tenemente w™ thappurtenances att the tyme of the sayde former dimife made called or knowne by the name of the Mill howfe together with the gardyn grounde lyinge behinde parte of the same alfo att the tyme of the sayde former dimife made beinge in the tenure or occu- pacion of the forefayde Ewyn Colefoxe or of his affignes w™ fayde gardyn grounde dothe extende in lengthe from the fame houfe or tenement vnto the forfayde bricke wall next vnto the forefayde feildes and alfo all thefe three vpper romes w* Thap- purtenances next adioyninge to the forefayde Mill houfe alfo beinge att the tyme of the fayde former dimife made in the occu- pacion of Thomas Dancaifter shomaker or of his affignes and alfo all the nether romes w‘* thappurtenances lyinge vnder the same three vpper romes and next adioyninge alfo to the forefayde houfe or tenemente called the mill houfe then alfo beinge in the seuerall tenurs or occupacions of Alice Dotridge widowe & Richarde Brockenburye or of ther affignes together with the gardyn grounde lyinge behynde the same extendynge in lengthe from the same nether romes downe vnto the forfayde brickwall nexte vnto the forefayde feildes And then or late beinge alfo in the tenure or occupacion of the forefayde Alice Dotridge And alfo so much of the grounde & soyle lyeinge and beinge afore all the tenementes or houfes before graunted as extendethe in lengthe from the owtwarde parte of the forefayde Tenementes beinge at the tyme of the makinge of the sayde former dimife in the occu- pacion of the forefayde Johan Harryfon & John Dragon vnto a ponde there beinge next vnto the barne or stable then in the occu- pacion of the right honorable the Earle of Rutland or of his affignes & in bredthe from the forefayde Tenemente or mill houfe to the mideft of the well beinge afore the same tenementes And alfo all that great barne with thappurtenances att the 170 et i ee The First London Theatre ryt tyme of the makinge of the sayde former dimife made beinge in the seuerall occupacions of Hughe Richardes Jnholder & Robert Stoughton Butcher And alfo a little peece of grounde then inclofed w a pale and next adioyninge to the forefayde barne & then or late before that in the occupacion of the sayde Roberte Stovghton together alfo w™ all the grounde & soyle lyinge & beinge betwene the sayde neyther romes laft before expreffed & the forefayde greate barne & the forefaide ponde that is to saye extendinge in length from the forefayde ponde vnto a ditche beyonde the brick wall next the forefayde fieldes And alfo the fayde Gyles Allen & Sara hys wyfe doe by thes prefentes dimife graunte & to farme lett vnto the sayde Jeames burbage all the right title & interest w™ the sayde Gyles & Sara haue or ought to haue of in or to all the groundes & soile lyeinge betwene the forefayde greate barne and the barne being at the tyme of the fayde former dimife in the occupacion of the Earle of Rutlande or of his affignes extendinge in lengthe from the forefayde ponde & from the forfayde stable or barne then in the occupacion of the forefayde Earle of Rutlande or of his affignes downe to the _ forefayde bricke wall next the forefayde feildes And alfo the sayde Gyles & Sara doe by thes prefentes demife graunt & to fearme let to the sayde Jeames all the sayde voide grounde lieynge & beinge betwixt the forefayde ditche & the forefayde brich- wall extendinge in lenght from the forefayde brickwall w in- clofeth parte of the forefayde garden beinge att the tyme of the makinge of the sayde former demife or late before that in the occupacion of the sayde Giles Allen vnto the forefayde barne then in the occupacion of the forefayde Earle or of his affignes and alfo free intire egreffe & regreffe in to & from all the fore- fayde dimifede premiffes and euery parte therof afwell to & for the fayde Jeames Burbage his executors adminiftrators & affignes as to & for all & euery other perfon & perfons cominge or repar- inge to the premiffs before demifed or any parte therof by any such wayes as were at the makinge of the sayde former demife vied & occupied to the said premiffs in the right of the sayde Gyles as alfo by such brydges & wayes as then or att any tyme 171 172 Charles William Wallace after that weare or shalbe hereafter made throughe the forefayde brickwall into the forefayde feildes at all & euery tyme & tymes convenient hereafter duringe all the tearme of yeares hereafter graunted without any lawfull stoppe lett trouble or interrupcion of the sayde Gyles Allen his heres or affignes or any of them or of any other perfon or perfons in his or theire behalfe right or title or by his or theire meanes or procurement all w premiffs before graunted are scituate lyeinge & beinge in & neere Hol- lowell aforefaide (excepte & referued vnto the sayde Gyles Allen & Sara his wyfe & to theire heires & affignes & to-such other perfon or perfons as fhall or doe inhabite or make aboade in the Capital Mefuage or tenement ther or any parte therof w™ att the makinge of the sayde former demife was in the occupacion of the sayde Gyles or his affignes & to & for the Tenantes of the sayde Gyles w™ doe & shall dwell in Hollowell aforefayde free libertie to fetche & drawe water att the forefayde well from tyme to tyme duringe the sayde Tearme so that they shall receyve the commoditie of the sayde well doe from tyme to tyme amonge them ratably vpon lawfull requeft beare & paye to the sayde Jeames Burbage his executors or affignes the one halfe of all such Charges as shalbe layede out in & about the needfull repayring & amendinge of the sayde well from tyme to tyme as often as neede shall require duringe the sayde terme & alfo free ingreffe & regreffe to & for the sayde Gyles & Sara his wyfe & there heyres affignes executors & seruantes & to & for the reverend father John Scorye Byfhoppe of Hereford & Elizabeth hys wyfe & their seruantes & affignes into out & from the forefayde greate garden att the tyme of the makinge of the sayde former demife or late before that belonginge to the sayde Gyles into the fore- fayde feildes by the bridge and waye which then was therunto vied & occupied at all lawfull tyme & tymes duringe the termes of yeares herevnder graunted to have & to holde all the sayde hovies or Tenementes barne gardens groundes & all other the premiffs before graunted except before excepted vnto the sayde Jeames Burbage his executors & affignes from the day of the makinge of this prefent demife vnto the full ende & tearme of 172 The First London Theatre 173 xxj° yeares from thence next and imediatlie followinge & fully to be compleate & endede yeildinge & payinge therefore yearelie duringe the sayde Terme vnto the sayde Gyles Allen & Sara his wyfe or to one of them & to the heyers & of the same Gyles & Sara forteene poundes of lawfull monie of Englande att fower feaftes or tearmes in the yeare that is to saye att the feaftes of the birthe of our lorde gode the Annunciacion of our ladye the nativitie of St John Baptift & St Michaell thearchangell by even porcions And the sayde James Burbage for him his executors Adminiftrators & affignes dothe Covenaunt promife & graunt to & with the sayde Gyles Allen & Sara ther heires & affignes & euerye of them by thes prefentes That he the sayde Jeames Bur- bage his executors adminiftrators or affignes at his and ther owne proper coftes & charges the sayde houfes or tenementes barne gardens & all other the premiffes before graunted and all privies to the premiffs or any parte therof belonginge made or to be made in all manner of needfull reparacions well & sufficiently shall repare vpholde suftayne make skoure clenfe mayntayne & amende from tyme to tyme when and so often as neede shall require & the same so well & sufficientlye repaired clenfed scoured and amended in the ende of the sayde terme of xxjt® yeares shall leave & yeild vpp vnto the sayde Gyles & Sara and to the heirs & affignes of the same Gyles & the sayde Gyles Allen & Sara his wyfe for them & ther heirs executors & adminiif- trators doe covenant & graunt & euery of them seuerally cove- nanteth & graunteth to & with the sayde Jeames Burbage his executors adminiftrators & affignes by thes pre/entes that yt shall or may be lawfull to & for the sayde Jeames Burbage his executors adminiftrators & affignes or anie of them att anie tyme of tymes hereafter duringe the firft tenn yeares of the sayde terme of xxj'® yeares to alter change remove or take downe any of the howfes walles barne or byldinges now standinge & beinge in & vppon the premiffs or any parte therof & the same to make frame & sett vpp in what forme or fafhion for dwelling howfe or howfes as yt shall seeme to the sayde Jeames Burbage his executors or affignes for the bettringe therof so that the premiffs 173 174 Charles William Wallace & new buyldyngs hereafter to be made shall or may be reafonably for tyme to tyme sett att a more value & greater rent then nowe by thefe Jndentures they are set or lett for towardes the doeinge & finifhinge wherof in forme aforefayde the sayde Gyles allen & Sara his wyfe for them their heyers executors adminiftrators and affignes doe covenante & graunt & euery of them seuerally covenanteth & granteth to & w™ the sayde Jeames burbage his executors adminiftrators and affignes by thes prefents y' yt shall & maybe lawfull to & for the sayde Jeames burbage his executors & affignes to haue & take to his & ther owne proper vie & behofe for euer all the tymber tyle bricke yron leade & all other stuffe whatfouer of the sayde oulde howfes or buildinges w™ shall come by reafon therof and further the sayde Jeames burbage for him hys heyres executors adminiftrators & affignes and for euery of them dothe by thes prefentes covenante & graunte to & w™ the sayde Gyles Allen & Sara ther heires & affignes & euery of them in forme followeinge that ys to saye that he the sayde Jeames burbage his executors & affignes the buildings covenanted by the sayde Jeames burbage his executors or affignes by the sayd for- mer Jndenture to be by him or them made shall att all tymes after the makinge therof att the coftes & charges of the sayde Jeames his executors or affignes repaire keepe make & mayntayne from tyme to tyme as often as neede shall bee duringe the sayde Terme by thes prefentes graunted and all the sayd meffuages buildings gardens tenements & other the premiffs & euery parte therof together w the forefayde brick wall next the forefayde feildes or annother as goode highe & subftanciall as the same is in the stead therof to be made sufficiently repayred made & amended in thende of the sayde Tearme shall leave & yealde vpp vnto the sayde Gyles Allen & Sara their heires & affignes And further that yt shall or may be lawfull to & for the sayd Gyles Allen & Sara his wyfe & the Survivor of them their heires & affignes of them or any of them w* twoe or three artificers or workmen w' them or any of them att any one tyme convenient in euery yeare yearly duringe the sayde Terme quietlye to enter & come into the sayde meffuages or tenements barne buildings & 174 The First London Theatre 175 all other the premifis & euery parte therof their to vewe searche & se whether the reparacions therof be well & sufficiently amended made mayntaynede kepte as the same ought to be or not So as the same Gyles & Sara or the Survivor of them or the heirs or affignes of them or either of them before such tyme as he she or any of them shall come to vewe the same premiffs to give to the sayde Jeames burbage his executors or affignes att the premiffs fourteene dayes warninge therof And of the defaultes & lackes or reparacions ther fonde beinge needfull to be repaired after the buildinge therof to gyve monicion or warninge att the premiffs to the sayde Jeames burbage his executors or affignes or to the inhabitors dwellers or occupiers of the premiffs or any parte therof for the tyme beinge to repare make & and amende all such defaultes of reparacions needfull to be amended as shalbe ther so founde win one yeare next after such warning gyven & the sayde Jeames burbage for him his executors and adminiftrators and for euery of them covenanteth & graunteth by thes prefentes to & w™ the sayde Gyles Allen & Sara ther heires executors and affignes & euery of them well & sufficientlye to repayre make & amende all such defaultes of reparacion as shalbe so fonde win one yeare next after warninge therof gyven as is aforefayde & so from tyme to tyme as often as any such default shall happen to be fonde & warninge or knowledge therof gyven as is afore- fayde duringe the sayde terme of one & twentye yeares to be repayred att the proper coftes & charges of the sayde Jeames Burbage his executors and affignes and if ytt shall happen the sayde yerelie rent of fourteene poundes to be behinde vpayde in parte or in all ouer or after any feaft daye of paymente therof aforefayde at w" the same rent ought to be payde by the space of xxviij"® dayes beinge lawfully afked & noe sufficiente diftreffe or diftreffes in & vpon the sayde premiffs or any parte therof for the sayde rent & arrearages therof can or may be founde or if the some of CC"! mencioned & expreffed in the forefayde former Jndenture of leafe shall not be imployed or beftowed win the tyme therin limited & appoynted for the imployinge & beftowinge therof accordinge to the true intent & meaninge of the forefayde 175 176 Charles Wiliam Wallace Jndenture of leafe or of the needfull reparacions of the premiffs shall not be made from tyme to tyme w'*in the space of one yeere after that lawfull warninge shalbe therof gyven vnto the sayde Jeames Burbage his executors or affignes for the doinge therof as is aforefayed that then or att any tyme after yt shalbe lawfull to & for the sayde Gyles Allen & Sara his wyfe and the heirs and affignes of the same Gyles or any of them into the sayd howles or tenements barne & all other the premiffs before graunted to reenter And the same to haue agayne retyne & repoffeede as in his or ther former eftate And the sayde Jeames Burbage his executors & affignes & all other thence & therfrom vtterly to expell putt out & amove this prefent leafe or graunte or any thinge therin conteyned to the contrary therof in anywyfe not w{tand- inge And moreover the sayde Gyles Allen & Sara hys wyfe for them ther heires executors & adminiftrators doe covenant graunt & euery of them seuerally Covenaunteth to & w the sayde Jeames Burbage his executors adminiftrators & affignes by thes prefentes that the sayde James Burbage his executors adminif- trators & affignes for the forefaid yerlye rent of fourteene poundes to be payde in forme aforefayde And vnder & accord- inge to the Covenantes grauntes Chardges & condicions articles & agreaments before declared & hereafter expreffed one the behalfe of the sayde James Burbage his executors adminiftrators or affignes to be performed & kepte as is aforefayde shall & may peaceably & quietlye have houlde occupie & enioye all the fore- fayde howfes or tenementes barne gardens groundes & all other the premiffs before by thefe prefentes demifed & graunted w thappurtenaunces. (except before excepted) wout anie lett troble expulcion eviccion recouery or interrupcion of the sayde Gyles Allen & Sara his wyfe or either of them or of the heires executors adminiftrators or affignes of them or of any of them or of any other perfon or perfons in ther behalfe right or title or by the meanes or procurment of them or any of them during all the sayd terme of xxj"® yeares And further the sayde Gyles Allen & Sara his wyfe for them there heres executors & adminif- trators doe covenante & graunte & euery of them seuerally cove- 176 The First London Theatre U7? nantethe & graunteth to & with the sayde Jeames Burbage his executors & affignes by thes prefentes that yt shall or may be lawfull for the sayde Jeames Burbage his executors or affignes in confideracion for the imployinge & beftoweinge of the fore- fayde some of CC" mencioned in the sayde former Jndenture at any tyme or tymes before the end of the sayd terme of xxj® yeares by thes prefentes granted to have take downe & Carrye awaye to his & their owne proper vfe for euer all such buildinges & other thinges as are alredye builded erected or set vpp & w™ herafter shalbe builded erected or sett vp in or vpon the gardings & voyde grounde by thes prefentes graunted or any parte therof by the sayde Jeames his executors or affignes eyther for a Theater or playinge place or for any other lawfull vfe for his or their Comodityes (except such buildinges as are or shalbe made by vertue of the sayde former Jndenture by reafon of the ymployinge & beftoweinge of the sayde some of CC" wout any stopp Clayme lett trouble or interrupcion of the sayde Giles Allen & Sara his wyfe or either of them or of the heires executors adminiftrators or affignes of them or any of them or of any other perfon or perions in the behalfe right or tytle or by the meanes or pro- curment of them & further the sayde Jeames Burbage for hym hys executors adminiftrators & affignes dothe covenaunte to & with the sayde Gyles & Sara their heirs & affignes by thes prefentes that he the sayde Jeames his executors or affignes shall not at any tyme or tymes duringe the said Terme of xxj'® years make or cause to be made out of the forefayd tenementes w™ were att the makeinge of the sayde former leafe in the occupacion of the sayde John Harrifon & John Dragon into the forefayde great garden then or late in thoccupacion of the sayde Gyles any windowe or windowes but only such as shalbe made w“out any eafementes to open without the efpeciall licence confent & agrea- ment of the forefayde reuerende ffather & Elizabeth his wyfe or of the forefaide Gyles & Sara or one of them or ther affignes firit had & obteyned & further that yt shall or may lawfull for the sayde Gyles & for hys wyfe & familie vpon lawfull requeft ther- fore made to the sayde Jeames Burbage his executors or affignes 177 178 Charles Wiliam Wallace to enter or come into the premiffes & their in some one of the vpper romes to have such convenient place to sett or stande to se such playes as shalbe ther played freely wout any thinge there- fore payeinge soe that the sayde Gyles hys wyfe and familie doe come & take ther places before they shalbe taken vpp by any others Jn wytnes wherof both partyes to thes prefente Jndentures enter- changeablye have putt their handes & seales the daye & yeare firft above written./ Et vlterius idem Petrus Strete in facto dicit quod predictus Jacobus Burbage poftea fcilicet predicto primo die Novembris Anno vicifimo septimo predicto apud Hollowell pre- dictam in Comitatu Middlefexia predicto novem dimiffionem predictam sic factam adtunc & ibidem in pergamena scribi caufauit & sic scriptam cum labellis & cera eidem dimiffioni affixis adtunc & ibidem prefato Egidio oftendebat Et ipfum Egidium adtunc & ibidem requifiuit ad illam sigillandum & prefato Jacobo vt factum suum deliberandum secundum formam & effectum convenctonis predicte in predicta prima Jndentura mencionate Et quod pre- dictus Egidius Alleyn ad hoc faciendum adtunc & ibidem penitus recufauit Et vlterius idem Petrus Streete dicit quod predictus Jacobus Burbage sic vt prefertuwr de tenementis predictis cum pertinentiis poffeffionatus ante predictum tempus quo supponitur tran{greffio predicta fieri apud Hollowell predictam in predicto Comitatu Middlefexia conceffit & affignauit tenementa mefuagia structuram & cetera premiffa predicta ac totum ius statum & terminum annorum sua de & in premiffis cuidam Johanni Hyde Civi grocero londonie habenda & tenenda predicta Mefuagia ac tenementa edificia gardina terras vocatas groundes & ommia & singula cetera premiffa cum pertinentis vnacum predicta Jnden- tura dimiffionis prefato Johanni Hyde executoribus & Affignatis suis pro & durante refidwo predicti Termini viginti & vnius annorum adtunc venturi & minime expirati & plenarie complend? & finiendi virtute cuius predictus Johannes Hyde in tenementa predicta cum pertinentiis intrauit & fuit inde poffeffionatus Et idem Johannes Hyde sic inde poffeffionatus exiftens ante tempus tran{greffionis predicte superius fieri suppofite scilicet septimo die Junij Anno regni dicte domine Regine nunc tricefimo primo apud 178 The First London Theatre 179 Hallowell predictam in predicto comitatu Middlesexia conceffit & affignauit tenementa mefuagia et cetera premiffa predicta ac totum statum ius titulum intereffe & terminum annorum Clameum & de- mandam que predictus Johannes Hyde tunc habuit de & ad pre- dicta premiffa prefato Cutberto Burbage habenda & tenenda tenementa & cetera premiffa predicta prefato Cutberto execu- toribus adminiftratoribus & affignatis suis pro & durante toto re- fiduo termini viginti & vnius annoruwm adtunc venturi & minime expirati plenarie complendi & finiendi virtute cuius predictus Cut- bertus in tenementa predicta cum pertinentiis intrauit & fuit inde polfeffionatus per quod idem Petrus vt seruiens eiufdem Cutberti ac per eius mandatum predicto tempore quo &c predictam struc- turam vocatam the Theater ibidem fabricatam & erectam diruit divullit cepit & abcariauit prout ei bene licuit Cum hoc quod idem Petrus verificare vult quod predicta Jndentura vltimo recitata per prefatum Willelmum Daniell sic vt prefertur divifata facta fuit similis predicte Jndenture primo mencionate in omnibus preter dictam convencionem pro confeccione novo dimiffionis infra decem annos & predictam convencionem pro expendicione anglice the beftowinge predicte summe ducentarum librarum Et hoc paratus elt verificare vnde petit Judicium si predictus Egidius Alleyn accionem suam inde verfus eum habere seu manutenere debeat &c Et predictus Egidius Alleyn dicit quod ipfe per aliqua per pre- dictum Petrum Streete superius placitando allegata ab accione sua predicta verius ipfum Petrum habenda precludi non debet quia dicit quod placitum predictum per ipfum Petrum modo & forma predictis superius placitatwm materiaque in eodem contenta minus sufficientia in lege exiftentia ad predictum Egidium ab accione sua predicta verfus ipfum Petrum habenda precludendum/ Ad quod idem Egidius neceffe non habet nec per legem terre tenetur aliquo modo refpondere vnde pro defectu sufficientis refponcionis in hac parte idem Egidius petit iudicitum & dampna sua predicta occafione predicta sibi adiudicari &c Et predictus Petrus Streete dicit quod placitum predictum per ipfum Petrum modo & forma predictis superius placitatum ma- 179 180 Ghariae William Wallace teriaque in eodem contenta bona & sufficientia in lege exiftentia ad predictum Edigium Alleyn ab accione sua predicta verius ipfum Petrum habenda precludendum quod quidem placitwm materiamque in eodem contentam idem Petrus paratus eft veri- ficare & probare prout Curia &c Et quia predictus Edigius ad placitum illud non refpondit nec illud hucufque aliqualiter dedicit idem Petrus vt prius petit iudi- cium & quod predictus Egidius ab accione sua predicta verius ipfum Petrum habenda precludatur &c Et quia Curia domine Regine hic de iudicio suo de & super premiffis reddendo nondum advifata dies inde datus eft partibus predictis coram domina Regina apud Weitmona/terium vique Jovis diem proximum poft Octabas sancti Michaelis de Judicio suo de & super premiffis audiendo &c eo quod Curia domine Regine hic inde nondum &c Et quoad triandum exitwm predictum inter partes predictas su- perius iunctwm veniat inde Jurata coram domina Regina apud Weitmona/fterium die proximo poft Et qui nec &c adrecogn &c Quia tam &c Jdem dies datus eft partibus predictis ibidem &c/./ Ex BURBAGE VU. ALLEN } Court of Requests Proceedings, 42 Elizabeth, (1600) 87/74. Bill, Answer, and Replication. [The pleadings in this suit, consisting of Bill, Answer, and Replication, and the two country depositions of Robert Vigerous and Thomas Neville attached to them, were found by Halliwell-Phillipps, who used brief extracts from them in his Outlines, I, 346, 358, 350, 361-62, 371-72. The four great sets of paper depositions, forming the principal documents in this great suit, however, have not hitherto been known, and were found by the present writer in carrying out a complete search of the uncalen- dared records of the Court of Requests begun a few years ago. The complete pleadings and all depositions and other records in the case are here for the first time presented in full, and are arranged in, their chro- nological order rather than in the order of filing. The suit was brought by Cuthbert Burbage for relief from the preceding suit in the Queen’s Bench begun by Giles Allen, nominally against Peter Street, the carpenter, 180 —_— es oP al The First London Theatre 181 but in effect against Burbage, as pointed out in the Bill. Part of the orders and the final decree are lost. But the Court’s judgment in favor of Burbage, pronounced Oct. 18, 1600, is substantially given in the Answer of the Burbages to Allen’s Star Chamber suit of 1602.] BILL [In dorso] + xxvj° die Januarij Anno R Rne Eliz- abethe &ct xlij°] Defendens vocetur per Nuncium Camere/ To the Queenes mofte excellent Mat In all humblenes Compleyninge fheweth vnto yo" mofte excellente Mate yor highnes faythfull and obediente fubiecte Cuthbert Bur- bage of the Cyttie of London gentleman That wheras one Gyles Alleyne of Hafley in the Countie of Effex gentleman was law- fullie feifed in his demeafne as of fee of and in Certayne gardein growndes fette lyinge and beinge neare Hallewell in the parifhe of St Leonardes in Shorditche in the Countie of Middlefex And beinge foe feifed togeather w™ Sara hys wief did by their Indenture of leafe bearinge date the Thirteenth daye of Aprill in the Eight- eenthe yeare of yo™ Mates Reigne for good Confideracions therin expreffed Amongeft other thinges demife and to fearme lette the faid gardein groundes and all proffittes and Comodities therto belonginge vnto one James Burbage father of yo" faide fubiecte To haue and to houlde to him the faid James Burbage his execu- tors and Affignees from the feafte of the Annunciacion of our Ladie then lafte pafte before the date of the faide Indenture for the Tearme of one and Twentie yeares from thence nexte fol- lowinge yealdinge and payinge therefore yearelie duringe the faide tearme vnto the faide Gyles Alleyne and Sara his wyfe fourteene powndes of lawfull money of Englande In and by w™ faide Indenture (amongeft other Covenauntes and agreem'‘* therin contayned) the faide James Burbage for him his heires executors and Adminiftrators and for euerie of them did Cove- 18I 182 Charles William Wallace naunte and graunte to and w™ the faide Gyles Alleyne and Sara his wyfe their heires and affignees and euerie of them That he the faide James Burbage his executors or Affignees in Confidera- cion of the faide leafe and Tearme of yeares and of certayne bricke tyle lead and other ftuffe Cominge of other Tenem‘® men- coned in the faide Indenture) fhould and would at his or their owne Coftes and chardges win Tenne yeares nexte enfuinge the date of the faide Indenture ymploye and beftowe in and vppon the buildinge alteringe and amendinge of certayne houfes and — buildinges in and vppon the premiffes by the faide Indenture demifed/ the fome of Two hundred powndes of lawfull money of Englande the value of foe muche of the faide oulde ftuffe and tymber as fhoulde be ymployed and beftowed theraboutes to be accompted parcell of the faide Two hundred poundes And the faide Gyles Alleyne and Sara his wyfe did therby Covenaunte and graunte to and w" the faide James Burbage his executors and Affignees that they the fame Gyles Alleyne and Sara his wyfe or one of them or their heires or the heires of one of them fhoulde and woulde at anie tyme or tymes win Tenne yeares next en- fuinge the date of the faide Indenture at or vppon the lawfull requefte or demaunde of the faide James Burbage his executors adminiftrators or Affignes at his and their Coftes and chardges in the lawe make or caufe to be made to the faide James Burbage - his executors or Affignees a newe leafe or graunte like to the fame prefentes of all the forefaide gardein growndes and foile and of all other thinges graunted by the faide Indenture for the tearme of one and Twentie yeares more to begynne and to take Com- encem' from the daye of the makinge of the fame leafe yealdinge therfore the rente referved in the faide former Indenture And vnder fuche like Covenauntes and agreem*®® as are in the faide Indenture mencioned and expreffed (excepte this faide Cove- naunte for makinge a newe leafe w'"in Tenne yeares and the fore- faide Covenaunte for ymployinge the forefaide fomme of Two hundred poundes Aud farther the faide Gyles Alleyne and Sara his wyfe their heires executors and Adminiftrators did therby Covenaunte and graunte to and w' the faide James Burbage his 182 ————— a The First London Theatre 183 executors and Affignees that it fhoulde and mighte be lawfull to the faide James Burbage his executors or affignees (In confid- eracion of the ymployinge and beftowinge of the forefaide Two hundred poundes in forme aforefaide) at anie tyme or tymes before the ende of the faide tearme of one and Twentie yeares by the faide Indenture graunted or before the ende of the fore- faide one and Twentie yeares after by vertue of the faide recited Covenaunte to be graunted to haue take downe and Carie awaye to his and their owne proper vie for euer all fuche buildinges and other thinges as fhould be builded erected or fette vppe in or vppon the Gardeins and voyde growndes by the faide Indenture graunted or anie parte therof by the faide James his executors or Affignees either for a Theator or playinge place or for anie other lawfull vfe for his or their comodities w*out anie ftoppe clayme lette trouble or interrupcion of the faide Gyles Alleyne and Sara his wyfe or either of them or of the heires executors Adminiftrators or Affignees of them or anie of them or of anie other perfon or perfonnes in the behalfe righte or title or by meanes or procurem* of them or anie of them By vertue of w™ Leafe the faid James Burbage did enter into the premiffs & was therof poffeffed accordinglie and did performe all the Covenantes Articles & agreem*®* on his parte to be performed & did alfo to his great charges erect and builde a playinge howfe called the Theater in & vpon the premiffes & afterwarde the faide firfte tearme of Tenne yeares drawinge to an end the faide James Bur- bage did often tymes in gentle maner folicit & require the faid Giles Allen for makinge a new leafe of the faid premiffes accord- inge to the purporte & effect of the faid Covenante & tendred vnto the faid Allen A new Leafe devifed by his Cownfell readie written & engroffed w labells & wax thervnto affixed agreable to the Covenante before recyted w™ he the faid Allen made fhew that he would deliuer yet by fubtill devifes & practifes did from tyme to tyme fhifte of the fynifhinge therof After w & before the faid terme of one & twentie yeares were expired the intreft of the faid terme & all benefitt & profitt that might growe by the faid Indenture of Leafe came by good conveyaunce in the Lawe 183 184 Charles William Wallace to yo" faid Subiect by vertue wherof yo" faid Subiect was therof poffeffed & being fo poffeffed yo" faid Subiect did often require the faid Allen and Sara his wife to make vnto him the faid new Leafe of the premiffs accordinge to the agreem* in the faide In- denture w™ the faide Gyles Alleyne woulde not denie but for fomme caufes w" he feigned did differre the fame from tyme to tyme but yet gaue hope to yo" fubiecte and affirmed that he woulde make him fuche a leafe By reafon wherof yo" fubiecte did for- beare to pull downe and carie awaye the tymber and ftuffe ym- ployed for the faid Theater and playinge houfe at the ende of the faide firfte tearme of one and Twentie yeares as by the directe Covenaunte and agreem‘ expreffed in the faide Indenture he mighte haue done But after the faide firfte tearme of one and Twentie yeares ended the faide Alleyne hathe fuffred yo" fubiecte to contynue in poffeffion of the premiffes for diverfe yeares and hathe accepted the rente referved by the faide Indenture from yot fubiecte Whervppon of late yo" faide fubiecte havinge occafion to vfe certayne tymber and other ftuffe w™ weare ymploied in makinge and errectinge the faide Theator vppon the premiffes (beinge the cheefefte proffitte that yo" fubiecte hoped for in the bargayne therof) did to that purpofe by the Confente and ap- pointm'® of Ellen Burbadge Adminiftratrix of the goodes and Chattells of the faide James Burbage take downe and Carie awaye parte of the faid newe buildinge as by the true meaninge of the faide Indenture and Covenantes lawfull was for him to doe and the fame did ymploye to other vies. But nowe foe it is maye it pleafe yo™ mofte excellent Ma** that the faide Gyles Alleyne mynd- inge to take advantage of his owne wrongfull and vnconfcion- able dealinge in not makinge the faide newe leafe fyndinge the wordes of the faide Covenaunte to be that the faide James Bur- bage his executors Adminiftrators or Affignees mighte before the end of the faide Tearme of one and Twentie yeares graunted by the faide Indenture or before the ende of the faide one and Twentie yeares after by vertue of the faide agreem* to be graunted take downe and carie awaye the faide tymber and {ftuffe vied for makinge of the faide Theator that therfore (in regarde yo" fub- 184 The First London Theatre 185 iecte truitinge to his promifes to haue a newe leafe did not take the fame awaye at the ende of the faide tearme of one and Twentie yeares graunted by the faide Indenture and that noe newe tearme beinge graunted by the faide Alleyne to the faide James Burbage or his Affignees by the wordes of the faide Covenante he hathe not libertie to take the fame awaye afterwardes in ftrictenes of lawe Therevppon he the faide Gyles Alleyne hathe broughte an Accion of Trefpas in yo™ Mats Courte at weftminfter Called the Queenes Benche againfte Peter Streete yo" fubiectes fervaunte who by yo" fubiectes direction and Comaundem* did enter vppon the premiffes and take downe the faide buildinge myndinge motte vneon{cionablie to recouer the value of the faide buildinge in damages, w"* mufte in [the] ende lighte vppon yo" faide fubiecte yf he fhould therin prevayle) ‘And there dothe profecute the fame w" all rigor and extremitie w™ will tende to yo" fubiectes greate loffe and hinderance excepte yo™ Mats favour and ayde in fuche cafes vied be to him herein extended In tender regarde wherof for as muche as it is agaynifte all equitie and Confcience that the faid Gyles Alleyne fhoulde (Contrarie to his Covenaunte and agreem'® aforefaide throughe his owne wronge and breache of Covenaunte hinder yo" fubiecte to take the benefitte of the faide agreem' in the forefaide Indenture expreffed to take awaye the faide tymber and buildinges before the ende of the faide one and Thirtie yeares And for that yo" faide fubiecte or his fervaunte can Mynifter noe perfecte plea at the Common lawe in barre of the faide accion And yet in all equitie and Confcience oughte to be releeved accordinge to the true meaninge And the faide Gyles Alleyne oughte to be ftayed of his faide fuite Maye it therefore pleafe yo™ mofte excellente Mat*® the premiffes Confidered/ to graunte vnto yo" faide fubiecte yo" highenes writte of Privie Seale to be directed to the faide Gyles Alleyne Comaundinge him therby at a Certayne daye and vnder a certayne payne therin to be lymited to be and perfonallie to appeare before yo™ Ma‘ in yo" highenes Courte of white Halle at Weftminfter then and there to aun- {weare to the premiffes and to abide fuche further order and di- rection therin As to the Mafters of the faide Courte fhalbe 185 186 Charles William Wallace thoughte meete and Convenient And alfo to graunte yo™ Matis mofte gratious writte of Iniunction to be directed to all the Coun- fellors Attorneys Solliciters and factors of the faide Alleyne, Comaundinge them to Ceafe all proceedinges in the faide Accion vntill the matter in equitie (wherein yo" poore fubiecte humblie prayeth to be releeuled) be firfte hard before the Mafters of yor highnes faide Courte And yo" poore fubiecte will accordinge to his bounden duetie daylie praye to god for the prefervacion of yor royall Ma*® in all healthe and happineffe longe to reigne ouer vs. [Signed] Jo: Walter [Attorney] ANSWER Quarto die ffebruarij Anno Regni Regine Elizabethe &c xlij°/ The anfwere of Giles Allen Gentleman Defend to the Bill of Compl! of Cuthbert Burbage Compl*././ The faid Defend! faieth that the faid Bill of Comp" againft him exhibited into this Honourable Courte is in the materiall partes therof verie vntrue, and is likewife (as the Defend* by his Coun- fell is informed) verye vncertaine and infufficient in the lawe to be anfwered vnto [by] the faid Defend‘ for diuers and fundrie apparaunt faultes and imperfections therin Conteyned And de- vifed and exhibited into this Honourable Courte of malice and evell will w"out any iuft Caufe conceyved againfte the faid De- fend‘ to the intent thereby vniuftlie to vexe and molefte him w™ tedious trauell beinge an aged man and to putt him to great trou- ble and chardges and that without any iuft Caufe or good matter as the Defend' hopeth it fhall appeare vnto this Honourable Courte: Nevertheleffe yf by the order of this Honourable Court the faid Defend' fhalbe Compelled to make any further or other anfwere vnto the faid vntrue incertaine and infufficient Bill of Comp" then and not otherwife (the advantage of exception therof to this Defend*t nowe and all times herafter faued) for further anfwere therevnto, and for a full and plaine Declaracion of the 186 | @ a] The First London Theatre 187 trueth The faid Defend* faieth that true it is that he the faid Defend' together w Sara his wife did by their Indenture of leafe bearinge Date the thirteenth daie of Aprill in the eighteenth yeare of her ma'*s Raigne that nowe is for and in Confideracion of the fomme of twentye powndes of lawfull money of England recited by the faid Indentures to be to them in hande at thenfealinge therof by the faid Jeames Burbage in the Bill of Compt named truelye paid for and in the name of a fine or income amongite other thinges did Demife vnto the faide Jeames Burbage all thofe twoe howfes or tenementes with the appurtenances then beinge in the feuerall tenures or occupacions of Johane Harryfon wid- dowe and John Draggon: And alfoe all that howfe or tenemente with the appurtenances together with the gardeine grounde lyinge behinde parte of the fame then beinge in thoccupacion of william Garnett gardiner. And alfoe all that houfe or tenemente with the appurtenances Called or knowne by the name of the mill houfe together with the gardeine grounde lyinge behinde parte of the fame then beinge in the tenure or occupacion of Ewin Colefoxe weauer or of his affignes: And alfoe all thofe three vpper Roomes with the appurtenances nexte adioyninge to the forefaid Mill- houfe then beinge in the occupacion of Thomas Dancafter fhoo- maker or of his affignes: And alfoe all the nether Roomes with their appurtenances lyinge vnder the fame th[r]ee vpper Roomes and nexte adioyninge alfoe to the forefaid houfe or tenement Called the Myll howfe then beinge in the feuerall tenures or occu- pacions of Alice Dotridge widdowe and Richard Brackenburye or of their affignes together alfoe with the gardeine grounde lyinge behinde the fame: And alfoe one great Barne with the appurtenances then beinge in the occupacions of Hughe Richardes inhoulder and Robert Stoughton Butcher (Excepte and referved to the faid Defendt and Sara his wife and to their heires and affignes and to fuch other perfone or perfones as then did or fhould inhabite or make abode in the Capitall meffuage or tene- ment there or any parte thereof then or late in the occupacion of the faid Defend', and to and for the tenantes of the faid Defend which did and fhould dwell in Hollowell aforefaid free libertie 187 188 Charles William Wallace to fetche and Drawe water at the well there from time to time Duringe the faid terme: To haue and to houlde all the faid howfes or tenementes, Barne gardeines groundes and all other thinges by the faid Indentures Demifed (Excepte before excepted) vnto the faid Jeames Burbage his executors and affignes from the feaft of Thannuncyacion of our Ladie lafte pafte before the Date of the faid Indentures vnto the full end and terme of twentie and one yeares from thence nexte and immeadiatelye followinge and fullie to be Compleate and ended Yealdinge and payinge there- fore yearely Duringe the faid terme vnto the faid Defend* and Sara his wife or to one of them and to the heires and affignes of the faid Defend*t and Sara fourteene powndes of lawefull money of England at foure feaftes or tearmes in the yeare that is to faie at the feaftes of the Natiuitye of St John Baptifte, St Michaell Tharchangell the Birth of our Lord God and Thannuncyacion of our Ladie or within the fpace of eight and twentye Daies nexte after euerye of the fame feafte Dayes by even porcions: And the faid Jeames Burbage for him his executo™ adminiftrato™ and affignes did by the faid Indentures Covenante with the faid De- fend‘ and Sara his wife their heires and affignes that he the faid Jeames Burbage his executo™ adminiftrato™ or affignes at his or their owne proper Coftes and Chardges the faide howfes or tene- mentes Barne gardeines and all other thinges by the faid Inden- tures Demifed in all manner of needefull reparacions well and fufficientlye fhould repaire vphould fufteyne maintaine and amende from time to time when and foe often as need fhould require and the fame foe well and fufficientlie repaired and amended in the end of the faid terme of one and twentye yeares fhould leaue and yeald vppe. And the faid Defend‘ and Sara his wife Did Cove- nante by the faid Indentures that it fhould be lawefull for the faid Jeames Burbage his executo™ adminiftrato™ and affignes or anie of them at anie time Duringe the firfte tenn yeares of the faid terme of one and twentie yeares to alter Chaunge remoue or take Downe anie of the howfes walles Barne or buildinges then ftand- inge and beinge in and vppon the premiffes or anie parte therof and the fame to make frame and fett vpp into what forme or 188 a + “4 ‘ : . . 4 . 1 The First London Theatre 189 fafhion for Dwellinge howfe or howfes it fhould feeme good to the faid Jeames Burbage his executo™ or affignes for the better- inge therof foe that the premiffes Demifed and the newe build- inges afterwardes to be made fhould or might be reafonablie from time to time fett at a more value and greater rente then by the faid Indentures they were lett for Towardes the Doinge and finifhinge wherof in forme aforefaid the faid Defendt and Sara his wife did Covenante with the faid Jeames Burbage his executo™ adminiftrato™ and affignes by the faid Indentures that it fhould be lawefull for the faid Jeames Burbage his executo™ and affignes to haue and take to his and their owne proper vie and behoofe for euer all the timber tile bricke yron lead and all other ftuffe whatfoeuer of the faid ould howfes or buildinges which fhould come by reafon therof. And further the faid Jeames Burbage for him his executo™ adminiftrato™ and affignes did by the faid Indentures Covenante with the faid Defendt and Sara that he the faid Jeames Burbage his executo" or affignes afwell in Confidera- cion of the faid leafe and terme of yeares before by the faid Indentures graunted as alfoe for and in Confideracion of all the timber bricke tile lead and all other ftuffe comminge of the faid tenementes barne and all other the premiffes to be had and en- ioyed in forme aforefaid fhould and would at his and their owne Coftes and Chardges win tenn yeares nexte enfuinge the Date of the faid Indentures imploie and beftowe in and vppon the build- inge alteringe and mendinge of the faid howfes and buildinges for the betteringe therof as is aforefaid to be made by the faid Jeames his executo™ or affignes of in or vppon the premiffes the fomme of two hundred powndes of lawefull money of England at the leafte: (The value of foe muche of the faid ould timber and {tuffe as fhould be imployed and beftowed theraboutes to be accompted parcell of the faid fomme of twoe hundread powndes) and the fame buildinges foe to be made fhould at all times after the makinge therof at the Coftes and Chardges of the faid Jeames his executo's and affignes repaire keepe make and maintaine from time to time as ofte as neede fhould be Duringe the faid terme And all the faid meffuages buildinges gardeines tenementes and 189 190 ; Charles William Wallace other the premiffes and euerye parte therof fufficientlie repaired made and amended in the ende of the faid terme fhould leaue and yealde vppe. ‘And it was further Condicioned by the faid Indentures that yf it fhould happen the faid yearlie rent of fourteene powndes to be behinde vnpaied in parte or in all after or over anie feafte Daie of paiment thereof at which the fame rente ought to be paied by the fpace of eight and twentie — Daies beinge lawefullie afked and noe fufficient Diftreffe or Diftreffes in or vppon the faid premiffes or anie parte therof for the faide Rente and the arrerages therof Could or might be founde; or yf the forefaid fomme of twoe hundred powndes fhould not be imployed and beftowed w'*in the time and {pace aforefaid accordinge to the true meaninge of the faid Indentures that then it fhould be lawefull for the Defend‘ and Sara his wife and to the heires and affignes of the Defend into the faid howlfes or tenementes Barne and all other thinges by the faide Indentures graunted to reenter: And furthermore the Defend‘ and Sara his wife did Covenante with the faid Jeames Burbage his executo™ and affignes by the faid Indentures That they the faid Defend and Sara his wife or one of them fhould and would at anie time win tenn yeares next enfuinge the Date of the faid Indentures at and vppon the lawefull requeft or Demaund of the faid Jeames Burbage his executo™ adminiftrato™ or affignes at his and their Coftes and Chardges in the lawe make or Caufe to be made to the faid Jeames Burbage his executo" or affignes a newe leafe or graunte like to the former of all the forefaid howfes or tene- mentes Barne gardeines growndes or foile and of all other thinges by the faid Indentures graunted for the terme of one and twentie yeares to beginne and take Commencement from the daie of the makinge of the fame leafe foe to be made yealdinge therefore yearelie the forefaid yearelie rente of fourteene powndes at the feaftes before mencioned and vnder fuche like Covenantes grauntes Condicions articles and agreementes as were in the faid Indentures mencioned and expreffed and none other (Excepte the Covenante for makinge a newe leafe within tenn Yeares and the Covenante for imployinge the forefaid fomme of twoe hun- 190 The First London Theatre IgI dred powndes: And further the Defend' and Sara his wife did Covenante with the faid Jeames Burbage his executo™ and af- fignes by the faid Indentures that it fhould be lawefull to the faid Jeames Burbage his executo™ or affignes in Confideracion of the imployinge and beftowinge of the forefaid twoe hundred powndes in forme aforefaid at anie time before the end of the faid terme of one and twentie yeares by the faid Indentures graunted or before the end of the forefaid one and twentye yeares thereafter by vertue of the faid Indentures to be graunted to take downe and Carrie awaie to his and their owne proper vie all fuch buildinges and other thinges as fhould be builded erected or fett vpp in or vppon the gardeines and voide grounde by the faid Indentures graunted or anie parte therof by the faid Jeames his executo" or affignes either for a Theatre or playinge place or for anie other lawefull vfe for his or their Comodities (Excepte fuche buildinges as fhould be after made by vertue of the faid Indentures by reafon of the imployinge and beftowinge of the faid fomme of twoe hundred powndes as the Comp" in his Bill of Comp" in parte hath alledged and as in and by the faid Indentures (wherevnto the Defend' referreth himfelfe more fullie maie and doth appeare. And further the Defend' faieth that true it is that the faid Jeames Burbage in the Bill of Comp" named did require the faid Defend‘ to make him a newe leafe and did tender vnto the Defend't a Draught of a newe leafe written and ingroffed as the Compl hath alledged which leafe foe tendered the Defend' did not make fhewe that he would deliuer it and yet did _by fubtille Devifes fhifte of the finifhinge therof as the Comp" moite vntruelye hath alledged: but Contrarielie the Defend‘ did vppon manie and verye iuft and reafonable Caufes and Confidera- cions (as he hopeth it fhall appeare vnto this Honourable Courte) vtterlie refufe to feale and Deliuer the fame for the plaine and true Declaracion whereof firfte the Defend* faith (that as he taketh it and as he is by his Counfell informed) the Draught of the faid leafe foe tendered vnto the Defendt was in manye materiall pointes varyinge and Differinge from the leafe which the. Defend‘ and his Wife had formerlie made to the faid Jeames IgI 192 Charles Wiliam Wallace Burbage and therefore in refpect that the fecond leafe fhould be made like vnto the former and vnder the like Covenantes articles and agreementes and noe other as before is fhewed the Defend* was in noe wife (as he taketh it) either in lawe or Confcience bounde to feale the fame: ffor the further manifeftacion of which variances the Defend referreth himfelfe to the faid Inden- tures of leafe and to the faid Draught of the newe leafe which the Defend' fhalbe alwaies readie to fhewe forth to this Honor- able Courte But yf foe it were that the Defend‘ had Contrarie to his Covenante refufed to make the faid leafe yet hath the faid Comp't noe Caufe (as the Defend taketh it) to feeke releife in this Honourable Court for that the Comp" hath diuers times {aid vnto the Defend! that he hath in his handes a bonde wherin the faid Defend*t is bounde vnto the faid Jeames Burbage in the fomme of twoe hundred powndes for the performance of the Covenantes in the faid Indentures vppon which the Comp" hath threatened to fue the faid Defendt at the Common lawe And further the Defend* faith that fuch was the bad Dealinge of the faid Jeames Burbage towardes the Defend‘ from time to time before the time of the faid newe leafe tendered and the faid Jeames Burbage had bene fuch a troublefome tenant vnto the Defend that there was noe Caufe in Confcience to make the Defendt to yealde to anye thinge in fauour of the faid Jeames Burbage further then by the lawe he might be Compelled to doe: for firfte wheras the faid Jeames Burbage was bounde to paie vnto the Defendt the fomme of twentie powndes for a fine for the leafe formerlie made vnto him, the faid Jeames Burbage neglected the paiment therof at the time appointed and longe time after And hardelie coulde the Defend‘ after muche Delaie and trouble by fuite in lawe obteyne the fame: And further the faid Jeames Burbage Continuallie failed in the paiment of his rent and never Duelie paid the fame wherby the Defend‘ was often driven to his great trouble to goe aboute to Diftreine for the fame and yet could not the Defend‘ that waie helpe himfelfe for either the Dores and gates were kepte fhutt that he could not enter to take anye Diftreffe or otherwife the matter foe 192 The First London Theatre 193 handled that the Defend‘ could not finde anie fufficient Diftreffe to fatiffie him for the arrerages therof and at the time of the faid newe leafe tendered by the faid Jeames Burbage he the faid Jeames did then owe vnto the Defend‘ thirtie powndes for the rent of the faid howfes and growndes Demifed vnto him which as yet remayneth vnpaid notw‘{tandinge that the faid Jeames Bur- bage in his life time and likewife the Comp" fince his Death haue before Diuers Credible perfonnes as the Defend‘ hopeth he fhalbe able to proue often times Confeffed the fame to be due vnto the Defend‘. And further touchinge the repayringe of the howfes and buildinges which the faid Jeames Burbage ought to haue re- paired and maintained that was likewife by the faid Jeames Bur- bage much neglected; for whereas amongite the howfes and buildinges Demifed to the faid Jeames Burbage there was one great tiled Timber barne of foure fcoare foote of affife in length and foure and twentie foote of affife in breadth or verie neare theraboutes verie fubftantiallye builte for the which the Defendt had formerlie receiued a rent of good value the faid Jeames Bur- bage did devide the fame into eleven feuerall tenementes (as the Defend' nowe remembereth and did lett out the fame feuerallie to poore perfonnes for the feuerall rentes of twentie fhillinges by the yeare to be paid by euerye tenant whoe were and are vnable to doe anye Reparacions vppon them; for fuch was and nowe is their pouertie that as the Def‘ is informed they vfuallie begge in the feildes and itreetes to gett mony for the paiment of their rentes by reafon wherof the Defend' hath been muche blamed and by the parifhoners there verie hardelie Cenfured that he fhould be an occafion to bringe foe many beggers amongit them to their great trouble and annoyance which proceeded not from any faulte of the Defend‘ but from the Covetous humor of the faid Jeames Burbage whoe refpected more his owne Commoditie then the good reporte and Creditt either of the Defend‘ or him- _ felfe and the like evell Difpoficton appeareth to be in the Comp!" whoe fince the Death of his ffather hath Continued thefe poore people there and {till doth and yet Doth in noe wife repaire the faid tenementes wherby they are growen in great Decaye and 193 194 Charles Wiliam Wallace are almoft vtterlie Ruynated and are nowe by the Comp" vnder- propped with fhores to keepe them from fallinge Downe in ftead of Repairinge and amendinge the fame as by the Covenante of the faid Jeames Burbage ought to be done infoemuche that the {aid poore people haue Complayned vnto the Defend‘ that they were foe Decayed both without and within that they were in feare that they would fall vppon their heades wherbye it ap- pearethe that the Comp" hath fmale regard either of the Creddit or the Commoditie of the Defend‘ but feeketh onely to enriche himfelfe by the rentes and other proffittes which he vnconi{cion- ablie receyueth for the fame And the faid Jeames Burbage & the Comp" or one of them haue likewife heretofore placed other poore people in other tenementes there which ftill Continue in the fame which tenements are by reafon therof foe Decayed that the Defend! feeth not howe he fhall well be anfwered the ould rent of fourteene powndes of fuche tenantes as be of abilitie to paie the fame foe that howefoeuer the Comp" hath furnifed that by the faid twoe hundred powndes fuppofed to be beftowed by the faid Jeames Burbage his father that the howfes and buildinges were greatlye amended and betterred (as in trueth they ought to haue been) yet the Defend* taketh it that he fhalbe able to make it appeare vnto this Honourable Court that they are rather im- paired and in worfe plight for the benifitt and profitt of the ~ Defendt all thinges Confidered then they were at the time when the faid Jeames Burbage firft tooke them, neither yet in trueth had the faid Jeames Burbage at the time of the faid fecond leafe tendered or anie time after (as the Defend‘ hopeth he fhalbe able to proue to this Honourable Court) beftowed the faid fomme of twoe hundred powndes or neare thereaboutes for the betterringe of the howfes and buildinges demifed neither was there anie like- lyhood that the faid Jeames Burbage fhould performe the fame within the time limitted by the faid Indentures the faid fecond leafe beinge tendered but a verie fhort time before the expiracion of the faid terme of tenn yeares win which time the faid fomme of twoe hundred powndes fhould haue been beftowed as before is fhewed for all which Caufes the Defend' did refufe to feale the 194 The First London Theatre 195 faid leafe (as he thinketh he had iufte Caufe both in lawe and Confcience foe to Doe:) and afterwardes a little before the Death of the faid Jeames Burbage thoroughe great labour and entreatie of the faid Jeames Burbage and the Comp" and other their ffreindes whoe often moued the Defend' in their behalfe and the faid Jeames Burbage pretendinge and makinge fhewe vnto the Defendt with manie faire fpeeches and proteftacions that he woulde therafter Duely paie his rent and repaire the howfes and buildinges and performe all his Covenantes as a good and an honeft tenant ought to doe and that he would likewife paie the faid arrerages of thirtye powndes: the Defend‘ and the faid Jeames Burbage grewe to a newe agreement that the faid Jeames Burbage fhould haue a newe leafe of the premiffes Conteyned in the former leafe for the terme of one and twenty yeares to beginne after the ende and expiracion of the former leafe for the yearelie rent of foure and twentie powndes, for the faid Jeames Burbage in refpect of the great proffitt and Commoditie which he had made and in time then to come was further likelye to make of the Theatre and the other buildinges and growndes to him Demifed was verye willinge to paie tenn powndes yearelye rent more then formerlie he paid: And it was likewife further agreed betweene them (as the Defend‘ hopeth he fhall fufficientlie proue) that the faid Theatre fhould Continue for a playinge place for the fpace of fiue yeares onelie (after the expiracion of the firft terme) and _ not longer by reafon that the Defendt fawe that many incon- veniences and abufes did growe therby and that after the faid flue yeares ended it fhould be Converted by the faid Jeames Burbage and the Comp" or one of them to fome other vie and be imployed vppon the groundes Demifed wherbye the benifitt and profitt therof after the terme of the faied James Burbage ended fhould remaine and be vnto the Defend: but before that agree- ment was perfitted (by reafon that the faid Jeames Burbage had not procured fuch fecurytie for the performance of his Cove- nantes as the Defend‘ did require) the faid Jeames Burbage Dyed: after whofe Death the Comp" did againe often moue and intreat the Defend‘ that he might haue a newe leafe of the 195 196 Charles William Wallace premiffes accordinge to the former agreement made betweene the faid Jeames Burbage the father of the Comp" and the Defend", the faid Comp" promifinge the Defend' the paiment of the faid thirtie powndes rente which was behinde in the time of the Comp'es father and that he would put in good fecuritie to the Defend for the paiment of the Rente Duringe the terme and the repayringe of the howfes and the performance of all other Cove- nantes on his parte to be performed touchinge which matter there was often times Communicacion had betweene the Comp" and the Defend‘ whoe for his parte was Contented to haue made the faid leafe vnto the Comp'* whoe likewife feemed veerye willinge to haue it in fuch manner and vnder fuch Covenantes as were formerlie agreed vppon betweene the Defend' and the faid Jeames Burbage and foe the matter was at the lafte Concluded betweene the Comp! and the Defend‘ and (as the Defend' remembereth) a leafe was Drawen accordinglie by the Comp!* which the Defend' thinketh he can fhewe forthe vnto this Honourable Courte and yet notw'{tandinge the Comp" founde meanes by Colourable fhiftes and Delaies to Deferre the accomplifhinge and execution therof from time to time Howebeit the Defend‘ hopinge that the Comp" had meant honeftlie and faithfullie and to haue taken the leafe accordinge to their agreement wherby the Defend* fhould haue receiued the faid arrerages of thirtie powndes and likewife that his howles and buildinges fhould haue been repaired and that he fhould haue been fecured for the performance of the Covenantes foe that he fhould not haue had fuch trouble and Difquiettneffe as formerlie he had founde Herevppon the Defendt was Con- tented to fuffer the Comp" to enioye the premiffes after the firit leafe expired for the fpace of a yeare or two payinge onelie the ould rent of fourteene powndes which the Defend* did the rather by reafon that the faid Jeames Burbage and the Compl betweene them had placed foe manie pore people there whoe were not able to paie their rentes that yf the Defend‘ fhould haue taken the fame into his handes he fhould haue beene Conftreyned in pittye and Compaffion to haue forborne their rentes to his great loffe and hinderance; And further fhould haue beene enforced within 196 The First London Theatre 197 a fhorte time to haue turned them out of the poffeffion of the faid tenements by reafon that they were foe greatlye Decayed that the Defendt muft haue beene enforced to pull them Downe and to erecte them a newe for otherwife they Could not nor can not be Convenientlie repaired for good and able tenantes But nowe by the Dealinge of the Comp" it appeareth that he never in trueth meant to take the leafe as he pretended but onelie fought to take occafion when he might privelie and for his beft advantage pull downe the faid Theatre w™ aboute the feaft of the Natiuitie of our Lord God in the fourtith yeare of her ma''® Raigne he hath Caufed to be done without the privitie or Confent of the Defend he beinge then in the Countrie for the which the faid Defend hath brought an action of Trefpas in her ma‘®* Benche againift him whoe by the Commandement of the Comp! was the Doer therof which action the Defend* thinketh he had verie good and iufte caufe both in lawe and Confcience to profecute: for firft it appeareth that the libertie which the faid Jeames Burbage had by the faid leafe to pull downe the faid Theatre at anie time Dur- inge the terme was graunted vnto him in Confideracion onelie of the faid fomme of twoe hundred powndes to be imployed and beftowed by the faid Jeames Burbage vppon the howfes and build- inges that were demifed vnto him: which somme not beinge by im beftowed accordinglie and other Covenantes broken there was noe Colour (as the Defend‘ taketh it) either in lawe or Con- {cience for the Comp" to take awaie the fame: And further the Defend*t could not fee by what meanes he fhould receiue anie fatiffaction for the faid thirtie powndes of rent due vnto him and for the loffe w™ the Defend‘ hath fufteyned by the not re- payringe of his howfes w™ amounteth to a verie great value but onelie by the faid Theatre w%* the Defend* intended to Convert to his vie and therby to be recompenfed for the fame feeinge him- felfe otherwife lefte w"out remedie by reafon that the wife of the faid Jeames Burbage whome the Comp" fuppofeth to be his ad- miniftratrix is neither willinge nor able for ought the Defend ‘can perceiue to yeald him any fatiffaction at all; for the faid Comp" hauinge (as the Defend‘ is informed) gotten all or the 197 198 Charles Wiliam Wallace greateft parte of the goodes and fubftance of the faid Jeames Burbage into his handes and the faid Ellen Burbage the late wife of the faid Jeames Burbage beinge a poore woman the Defend [sic] verie fubtillye Caufed her to take the adminiftracion of the goodes of the faid Jeames Burbage to the intent that therbie and by Colour of the faid adminiftracion they might trouble and moleft the Defend' and others and yet themfelues avoid the paiment of the Debtes of the faid Jeames Burbage and the performance of fuch Covenantes and other Dueties as the faid Jeames Burbage and his executors or adminiftrato™ ought both in lawe and Con- {cience to paie and performe vnto the Defend! and others: And further wheras the Compt fuppofeth that the faid Jeames Bur- bage his father did to his great Chardges erecte the faid Theatre and therby pretendeth that there fhould be the greater Caufe in equitie to releiue him the Comp" for the fame: Herevnto the Defend! faieth that Confideringe the great proffitt and beniffitt which the faid Jeames Burbage and the Comp" in their feuerall times haue made therof w™ (as the Defend' hath Crediblie hard) doth amounte to the fomme of twoe thoufand powndes at the leaft: the Defend‘' taketh it they haue been verie fufficientlye recom- penfed for their Chardges which they haue beftowed vppon the faid Theatre or vppon anie other buildinges there had they been much greater then they were And further the Defend faieth that he hath Crediblie heard that the faid Theatre was not built at the alone Chardges of the faid Jeames Burbage but that one John Braines did defraie the greateft parte of the Chardges therof vppon agreement made (as the Defend‘ hath heard) be- tweene the faid Jeames Burbage and the faid John Braines that the faid John Braines fhould haue the moyetie of the leafe and of the profittes therof w" becaufe he the faid John Braines did not enioye accordinglie but was therin Defrauded by the faid Jeames Burbage (as the Defend' hath heard) one Robert Miles as executo” to the executo" of the faid John Braines did exhibite a Bill into her ma“ highe Courte of Chauncerie again{t the Comp" and the faid Jeames Burbage (as the Defend! taketh it) w™ fuite Dependinge the faid Comp" fubtillie intendinge to Defraude both 198 The First London Theatre 199 the faid Robert Miles and the Defend‘ pulled downe the faid Theatre in great Contempt of the faid Honourable Court and to the great wronge and iniurye of the Defend', the faid Comp" (as the Defend‘ taketh it) neither yet the faid Ellen Burbage hauinge noe Colour either in lawe or Confcience foe to doe. w"out that y' the faid Jeames Burbage did performe all the arti- cles Covenantes and agreementes on his parte to be performed or that he the faid Jeames Burbage onely did to his great Chardges erecte the faid Theatre in manner and forme as in the Bill of Comp" is alledged: and wout that y* the intereft of the faid terme & all benifitt and proffitt that might growe by the faid Indentures of leafe did by good Conveyance Come vnto the Comp", or that he was lawefullie poffeffed therof by force of any fuch Conveyance made vnto him: and without that yt the Comp" did often require the Defend‘ and Sara his wife to make him the faid newe leafe in any other manner and fort then the Defend hath in his anfwere formerlie fhewed: and w*out that yt the De- fend‘ for any fayned Caufe did Deferre the makinge of the faid leafe from time to time as the Comp" moft vntruelie hath al- ledged: And w“out that yt the faid Ellen Burbage is the lawe- full adminiftratrix of the goodes and Chattells of the faid Jeames Burbage, or that the faid Ellen Burbage did Confent and appointe that the Compl‘ fhould pull downe the faid Theatre or that by vertue therof (yf foe it were) the Comp" might lawefullie pull downe the fame: And w“out that yt the Defend* mindeth to take anie advantage of his owne wrongefull and vnconfcionable Deal- inges as the Compl' moft vntruelye hath furmifed for the Defend | hopeth that it fhall well appeare vnto this Honourable Court that the Dealinges of the Defend' herein haue been verie iufte and honeft and accordinge to good Confcience. And wout yt that anie other matter or thinge in the faid Bill of Complt Conteyned materiall or effectuall in the lawe to be anfwered vnto by this Defend' and not herein fufficientlie anfwered vnto Confeffed and avoyded, trauerfed, or denied is true, all which matters this De- fend is readie to averre and proue as this Honourable Courte fhall award And therfore prayeth to be Diffmiffed therof with 199 200 Charles William Wallace his reafonable Coftes and Chardges in this behalfe allreadie wrongefullie had and fufteyned./ [Signed] Chiborne [Attorney]. REPLICATION xxvij° die Aprilis Anno Regni Regine Elizabethe xlij° The Replicacion of Cuthbert Burbadge Compl* to the aunfwer of Gyles Allen gentleman Defend' The faide Compl** favinge to himfelf nowe and at all times here- after all advantages of excepcion to thincertayntie & infufficiencie of the faide anfweare for replicacon fayeth as he before in his faide bill of Compl** hathe faide and dothe and will averre mayn- teyne & proue & euerye matter and thinge in his fayd bill con- teyned to be good iuft and true in fuch forte manner and forme as therein they are moft truely fett fourth and Declared wout that that the draught of the fayde leas tendred by the fayde James Burbage to the fayde Defendt in the fayde bill and anfwer men- cyoned was in any materiall pointe varyinge or differinge from the leas w™ the fayd Defendt & his wyfe formerlye made to the fayde James Burbage as in the fayde aunfweare is furmifed, w“out that that the fayd James Burbage did deale badlye w™ the De- fendt before the tendringe of the fayd newe leas or that he the fayd James was fuch a troublefome tenant to the faid Def‘t that there was noe caufe in confcience to move the fayde Defend' to yeild to any thinge in favour of the fayd James further then by lawe he might be compelled to doe as in the fayd Aunfweare is moft vntruely alleaged w“out that that the fayd James Burbage contynuallye fayled in the payment of his rent, and never duely payd the fame or y* he the fayd Defend*t was often Driven to goe about to diftreine for the fame, or that the doores & gates of the houfe of the fayd James Burbage were kept fhutte that the De- fend‘ could not enter to take any diftres or that the fayde Deft could not finde fufficiente diftreffe to fatiffie him for the arrerages 200 cumin The First London Theatre 201 of the rent (if any were) as in the faid Anfwer ys fuggefted and as towching® the faid thirtie poundes in the faid anfwere men- cioned alledged to be dew to the faid defend‘ for the rent of the howfes and groundes demifed to the faid James Burbage in the faid Anfwere fpecified this comp" therevnto faieth That longe before the tenderinge of the faid newe leafe in the anfwere {peci- fied there was muche variaunce and Controuerflie betwene the faid defendt and one Edmond Peckham towching?® the title of the premiffes in the faid anfwere mencioned, by reafon whereof the faid James Burbadg® this Comp.!¢* father was verie muche trow- bled and often Chardged to finde men to keepe the poffeffion of the faid premiffes from the faid Edmond Peckham neyther could this Comp"¢* faid father enioye the faid premiffes according® to the leafe to him made by the faid defend‘; for w Caufes (if any parte of the rent were vnpaide yt may be this Comp'¢s faid father deteyned fome parte of the rent in his owne handes and dyd not pay the fame at the daies lymitted for paym' thereof, the Certentye of w® faid rent foe deteyned he this comp" knoweth not Wout that that the faid James Burbadg® at the tyme of the faid new leafe tendered dyd owe vnto the faid defend* thirtie poundes for rent of the faid howfes and groundes Or that this Comp" dyd often tymes confeffe fince the deathe of the faid James Burbadg® the fame to be dewe to the faid defend' as in the faid anfwere ys vntruly alledged. Howbeit this Comp" faieth that he this comp" hath told the faid defend that if the faid Defend' would vfe him kindly and deale frendly w™ him that then he this Comp" for quietnes & frindfhippe to be had would fatiffie the faide defend‘® all fuche rent as the faide defend*® coulde reafonablie demaunde And wheras the faide defend' alleadgeth in his faide aunfwer that the faide James Burbadge neglected to doe Reparacions vppon the faide houfes and buildinges and that the faide James did de- vide the faide barne in the auniwer fpecified into eleven feuerall tenem*é* and did lette the fame feuerallie to poore perfonnes for the feuerall rentes of Twentie fhillinges by yeare who weare vnable to doe reparacions vppon the fame This Compl* thervnto replieth and fayth that true it is that the faide James Burbadge 20I 202 Charles William Wallace being poffeffed amongeft other thinges of the faide barne by vertue of the leas to him made as aforefaid w™ barne ftood & laye emptie alonge time in the handes of the [sic] him the faide James w‘out yeldinge him anie profitte or commoditie And the faide James being defirous to converte the fame for his benefitte did therfore to his greate charges devide the fame barne into feuerall tenem*® as in the bill is expreffed as lawfull was for him the faide James foe to doe as he this Compl" taketh it And foe muche the rather for that he the faide James was not reftrayned by his faide leas to builde or to converte anie parte of the premiffes to him demifed therbie And this Compl*® further faieth that he this Compl‘ verie well knoweth and can well and fufficientlie prove and make manifefte to this honorable Courte, that the faide James Burbadge hath for diuerfe yeares duringe the faide tearme beftowed & dif- burfed in & aboutes the reparacions of the fame tenem** a greate fome of money Wout that that the faide tenants are foe poore that theie vfuallie begge in the fieldes and {treates to gette money for the paym* of theire rentes, Or that that there weare anie caufe the faide defend'e fhoulde be muche blamed or hardlie cen- fured by the parifhoners Or that the faide James refpected more his owne comoditie then the good reporte and creditte of the defend*® or himfelfe as in the faide aunfwer mofte flaunder- ouflie is alleadged wout that alfo that he this Compl hathe not fince the deathe of his faide father repayred the faide tenem‘ or that the faide tenem*'** are growen in greate decaie or almoite vtterlie ruinated or that there is anie caufe that the faide poore people fhoulde complayne to the faide defend‘ that the faide tenem‘es would fall vppon theire heades as in the faide aunfwer is vntrulie furmifed ffor this Compl'* faieth and can vearie well proue that he this Comp'® hathe beftowed and difburfed in re- payringe of the fame tenem*¢* this vearie lafte yeare the fome of twentie Markes and better Wout that that the faide James Bur- badge had not at the time of the faide feconde leas tendered or anie time after beftowed the fomme of two hundred powndes or neare theraboutes for the betteringe of the houfes and buildinges demifed Or that there was not anie likelihood that the faide 202 The First London Theatre 203 James Burbadge fhoulde performe the fame win the time lym- itted by the faide fndentures as in the faide aunfweare is alfo furmifed ffor this Complaynante faieth and can well and fuff- cientlie prove and make manifefte afwell by diuers good worke- men and other perfonnes that the faide James Burbadge before the tenderinge of the faide feconde leas to the faide defend' did beftowe and difburfe for the betteringe of the faide houfes and buildinges aboue the fomme of Two hundred powndes And therfore he the faide defend‘® had noe iufte caufe to refufe to feale the faide leas as by his faide aunfwer he pretendeth And touchinge the newe agreem® between the defend‘ and the faide James Burbadge in the faide aunfweare {pecified he this Complay- nante therevnto fayeth That true it is that the faid James Burbage was verie willinge to haue a newe leas for one & twentie yeares of the premiffes from the faid Deft vnder fuch rent, & accordinge to fuch reafonable Covenauntes as in the former leas were con- teyned, And that therevppon fpeeches & commvnicacion were often had & paffed betweene the Deft. and the fayd James towch- inge the fame, but this Compl* fayeth that the fayde Deft accord- inge to his owne will and direction did caufe a draughte of a leas to be drawen wherin were inferted many vnreafonable Cove- nantes and agreem*‘®* on the parte of the faide James to be per- formed, And likewife the faid Defend* required fuche fecuritie of the faide James Burbadge for the performaunce thereof, as that the faid James vtterlie refufed to proceade any further wt the faid Defend in the faid bargaine And the faid James Burbage w''in fhorte tyme after died. Without that that the faid James Burbadge was willinge to paie the faid defendt Tenne poundes yerelie rent more then formerlie he paid Or that it was agreed betwene the defend and the faid James that the faid Theater fhoulde Contynue for A playinge place for the {pace of ffyve yeres onelie after the firfte terme and no longer, Or that the fame after the faid ffyve yeres ended fhould be Converted by the faid James and this Complainant or one of them to fome other vie and be ymploied vppon the groundes demifed wherebie the benefitt and profhtt thereof after that terme ended fhould remayne and be vnto 203 204 Charles William Wallace the faide defend‘ as in the faid Anfweare is alfo furmifed and alleadged. Without that that this Complainant did often moue or intreate the faide defend‘ that he mighte haue a newe leas of the premiffes accordinge to the former fuppofed agreem* made betwene the faid James Burbadge and the deft Or that this Complainant did promife to paie vnto the faide Deft the faid fomme of xxx! in the faid Anfweare mencioned Or that this Complainant feemed verie willinge to haue the faid leas in fuche manner and vnder fuche Covenauntes as were formerlie fuppofed to be agreed vppon betwene the defend‘ and the faid James Bur- badge, or that the matter was fo Concluded betwene this Com- plainant and the faide defend‘ Or that that there was A leafe drawen accordinglie by this Complaimant Or that the faid deft was Contented to fuffer this Complainant to enioye the premiffes after the firfte leas expired for the fpace of A yere or twoo pay- inge onelie the olde rente of xiiij4 for fuche reafons & in fuch manner as in the faid Anfwere mofte vntrulie is fuggested and fuppofed/. Withoute that alfo that this Complainant neuer meante to take the leas of the premiffes but onelie foughte to take occafion when he mighte privilie and for his befte advauntage pull downe the faid Theatre ffor this Complainant faieth that he was verie willinge to haue had a newe leas of the faid premiffes from the Defend' fo as the fame leas mighte haue been made in fuche reafonable manner and accordinge to the former leas made by the Defend! and his wief to this Comp'*s father as aforefaid. And this Complamant doth not denie but that he hath pulled downe the faid Theatre w™ this Complainant taketh it was lawfull for him fo to do beinge A thinge Couenaunted and permitted in the faid former leas to this Comp"¢s faid father made as aforefaid Withoute that that this Complainant hath gotten mofte parte of the fubftaunce and goodes of the faid James Burbadge into his owne handes, or hath fubtillie caufed the faid Ellen Burbadge to take the adminiftracion of the goodes of the faid James Burbadg therebie to trouble and molefte the faid Defend‘ and others and themfelues to avoide the paym* of the debtes of the faide James Burbadge and the performaunce of fuche Couenauntes and other 2C4 ee Oe The First London Theatre 205 dueties as the faid James Burbadg® his executo™’ or admini{trato™ ought both in lawe and Conicience to paie and performe vnto the defend‘ and others, Or that the faid James Burbadge or this Complayn' hathe made twoo thoufand poundes proffitt and bene- fitt by the faid theatre As in the faid Anfweare is alfo alleadged And w"out that that any other matter Claufe Article or thinge in the faid Anfweare Conteyned materiall or effectuall in the lawe to be replied vnto by this Complaimant, and not herein or hereby {ufficiently replied vnto Confeffed and avoided trauerfed or denied is trewe, All w™ matters he this Complainant is and will be readie to averr and proue as this honorable Courte fhall award And praieth as before in and by his faid bill of Compl* he hath praied/ COURT ORDER, IO APRIL 1600 Requests Misc. Books, vol. 49. (Draft Order Book, Easter 41 to Trinity 42 Elizabeth) Termino Paiche Anno Regni R2e Elizabeth &c xlij% Decimo die Aprilis [1600] Cuthbert Burbage gentleman compl* againfte Giles Allen gentle- man defendaunt yt is Ordered vppon the mocion of m™ Walter of counfaill w the faid compl' that an Iniunccion (w*out further mocion in that behalf to be made) fhalbe Awarded furthe of this corte againfte the faid deft for the ftay of his proceedinges at the commen lawe in the Accion of trefpas theare dependinge, vntill this corte fhall take further Order to the contrary, yf he the faid defendaunt (havinge notice of this Order in convenyent tyme) fhall not vppon thurfday next commynge fhewe good matter in this corte in {tay thereof/ COURT ORDER, 22 APRIL, 1600 Idem, ap. loc. xxij9° die Aprilis Wheareas in the caufe at the fute of Cuthbert Burbage gentleman 205 206 Charles William Wallace comp" againfte Giles Allen gentleman defend‘ Order was pro- nounced vppon the xvij™ of this inftant that bothe parties w their counfaill fhould Attend vppon this prefent day to be heard whether An Iniunccion fhould be in the fame caufe Awarded or not, At w day m™ Walter and one Chiborne beinge feuerallye of counfaill learned w* bothe the faid parties Attended Accord- ingly, And therevppon (the matter in queftion beinge opened vnto her mat®* counfaill in this corte) yt is by the fame counfail or- dered that the plaintif fhall furthw™ reply, And that bothe the faid parties fhall examyn all fuche witneffes as they entende to vie in this caufe by or before the feconde day of the next terme, And then publicacion fhalbe therein graunted, And the fame mat- ter fhalbe heard in this corte vppon the xj day of the fame next terme peremptorilie, And further yt ys Ordered that the faid complt (Accordinge to thoffer of his counfaill this day made) fhall by or before monday next comynge put in A perfect and yifuable plea to the def‘s accion dependinge at the commen lawe, or els in default therof fhall take no benefit by his fute in this corte, w™ plea (yf yt fhalbe put in Accordingly), then the defte counfaill dothe confent, and yt is fo ordered that he the faid deft fhall {tay his further proceedinges at the commen lawe, vntill the matter be heard Accordinge to this Order/ BURBAGE VU. ALLEN Court of Requests Proceedings, Uncalendared, Bdl. 242. Depo- sitions ex parte Allen, 26 April, 600. INTERROGATORIES [In dorso] Termino Pafche xlij Regni Regine Elizabethe Interrogatoryes to be miniftred to the Witneffes to be produced on the parte and behalfe of Giles Allen gentleman Defend' againfte Cuthbert Bur- bage Complainante./ 206 ———— aoe agai The First London Theatre 207 1./ Imprimis whether did Jeames Burbage father of the Complain- ante in his life time tender and Deliuer vnto the Defend*t a Draught of a newe leafe of Certaine howfes and groundes which were formerlye Demifed by the Defend' to the faid Jeames Bur- bage requiringe the Defend' to feale the fame: and whether is the Draught nowe fhewed forth vnto you, the fame which the faid Jeames Burbage Deliuered vnto the Defend': And whether did not the Defend refufle to feale the fame; and for what Caufe to yo’ rememberance did he foe refufe the fealinge therof?/ De- liuer what yowe knowe or haue heard herin. 2./ Item whether was not the Defend' bound vnto the faid Jeames Burbage in the fomme of twoe hundred powndes for the per- formance of Covenantes Conteyned in the faid leafe made by the Deft to the faid Jeames Burbage: and whether hath not the Comp"* faid that he hath the faid bond in his Cuftodye: and whether hath not the Comp" of late threatened to fue the Defend or to Caufe him to be fued vpon that bonde; Deliuer what you knowe or haue heard herein./ 3./ Item whether did not the faid Jeames Burbage at the time of his - Death owe vnto the Defend* the fomme of thirtye powndes for rent of the faid howfes and groundes Demifed vnto him by the Defend: and whether doth not the faid fomme of thirtye powndes Remaine yet vnpaid: and whether hath not the Comp!" of late Confeffed the faid fomme of thirtye powndes to be Due vnto the Defend': Deliuer what you knowe, or haue Crediblie heard herein. / 4./ Item whether doe you knowe or thinke in yo™ Confcience that the faid Jeames Burbage did within the firfte tenn yeares after the fayd leafe made vnto him by the Defend‘ beftowe the fomme of twoe hundred powndes aboute the alteringe and amendinge of the faid howfes and buildinges Demifed vnto him by the Defend*: or what fomme of money did the faid Jeames Burbage beftowe to that purpofe win that time: Deliuer the trueth what you knowe or haue Crediblie heard herein ?/ 207 5./ 6./ 7./ 208 Charles William Wallace Item whether Did the faid Jeames Burbage Duringe his life keepe the faid howfes and buildinges in good reparacions: and whether are not the faid howfes and buildinges or fome of them nowe growen in great Decaie: and whether hath not the Comp! vnderpropped them with fhores: and whether doe they not foe remaine: and what fomme of money will it Cofte to fett the faid howfes and buildinges in good and fufficient Reparacions Deliuer what you knowe or thinke in yo™ Confcience hearein: and by what meanes as you thinke it is come to paffe that the faid howfes and buildinges are growen foe ruinous./ Item whether was there not an agreament had betweene the Compl'e and the Defend' to this effecte: that the Defend* fhould make a newe leafe of the faid howfes and groundes vnto the Comp"* for one and twentye yeares from and after the expiracion of the former leafe made to the faid Jeames Burbage: and that the Comp" fhould paie yearelye for the fame the fomme of foure and twentye powndes: And whether was it not likewife agreed betweene them that the Theatre w™ was erected vppon parte of y° fayd grownd fhould Continue for a playinge place by the {pace of fitie yeares onelye, and that then it fhould be Converted to fome other vie for the benifitt of the Comp'* Duringe his terme, and after for the benifitt of the Defendt: And whether did not the Comp"*® vpon that agream*t promife the Defend' to paie him the faid fomme of thirtye powndes, and to put the howfes and build- inges in good reparacions, and howe longe is it fithence fuche agreament was made, and how longe before the faid Theatre was pulled Downe: Deliuer the trueth what you knowe or haue heard hearein./ Item whether hath Ellen Burbage the late wife of the faid Jeames Burbage any goodes or Chattells in her handes that were the goodes or Chattells of the faid Jeames Burbage wherbye the Defend' maye haue recompence at her handes for the faid fomme of thirtye powndes, and the breache of other Covenantes: And whether is not the faid Ellen accompted a verye pore woman, and 208 The First London Theatre 209 not able to fatiffye the Creditors of the faid Jeames Burbage: and whether did not the Complainante and his brother, or one of them procure the faid Ellen to take adminiftracon of the goodes of the faid Jeames Burbage, (the faid Comp"® and his brother or one of them hauinge before fecrettlye gotten the goodes of the {aid Jeames Burbage into their handes) that therbye they might Deceiue the Credito™s of the faid Jeames Burbage: Deliuer what you know or haue Crediblie heard herein./. 8./ Item whether was the fayd Theatre (which was erected vpon parte of the grounde aforefaid/ built at the alone Chardges of the faid Jeames Burbage: or whether Did not one John Braynes Defraye the one halfe of the Chardges therof vpon agreament betweene the faid Jeames Burbage, and the faid John Braynes, that the faid John Braynes fhould be partner with the faid Jeames Burbage in the profittes therof: Deliuer what you knowe or haue heard herein./ 4 / Item what fommes of money haue the faid Jeames Burbage and the Complainant in their feuerall times gayned by the meanes of the faid Theatre: Deliuer the trueth what you knowe or haue Crediblie heard herein ?/ 4 , ‘ 1o./ Item whether were you prefent at the pullinge Downe of the faid Theatre: and whether did you helpe to pull Downe the fame, and by whofe Commandemt or appointem* did you foe helpe to take it Downe and whome did you fee prefent at the takeing Downe thereof: and whoe Did helpe & giue any affiftance therin, and by whofe Commandemt or appointment were they prefent or Did helpe to take it downe as you knowe or haue heard ?/ 4 11./ Item whether hath not the Defend‘ alwaies Dealt verye fauour- ablie & Confcionablie w his tenantes: Deliuer what you knowe, or haue Crediblye heard herein: and whether are you a tenant vnto the Defend* and howe longe haue you foe beene ?/ 209 ee ee | 210 ! Charles William Wallace 12./ Item whether did not the faid Jeames Burbage often times faile in the paiment of his rent, and in the performance of other Cov- enantes: and whether had not the defend‘ muche trouble and Difquietneffe by occafion therof: and whether did not the faid Jeames Burbage place Diuers verye poore people in fome parte of the howlfes & buildinges aforefaid: and whether did not Diuers of the inhabitantes much miflike therof & fpeake ill of the Defend for the fame and whether did not the Comp" itill Continue thofe poore people there for his owne profitte Deliuer what you knowe or haue Crediblie heard herein ?/. DEPOSITIONS Depofitiones captae apud weltmona/terium xxvj die Aprilis A° Regni Domine Regine Elizabethe nunc &c Quadragefimo Secundo ex parte Egidij Allen generoji defend"*® verfus Cuthbertum Bur- bage qeen.y Phillippe Baker of Clyfton in the Countye of Bedff: gentleman of the Age of ffyftye Eight yeares or there aboutes fworne and examyned the daye and yeare aboue faid depofithe and faythe./ 1/ Ti the ffirite Jnterrogatory this deponent faythe he hath hard the defendt (and others) faye that the Complainantes father did in his lyffe tyme Tender and deliuer vnto the defendt the Drawght of A newe leafe of Certayne houfes and groundes w™ the faid defendant had before that tyme formerlye demifed vnto him the Complainantes father. And that the Complainantes father did vppon the deliuerye thereof requyre the defendt to Seale and deliuer the fame accordinge to fforme of Law in thofe Cafes pro- vided:/ And the defendt faid in his this deponentes prefentes that he refufed the fame for that the Leafe w the Complain- antes father foe tendered vnto him was not verbatim agreeable w' the ould Leafe before demifed as there agreem* was to- geather./ And for that there was fome rent behynde and vn- 210 The First London Theatre | eA payde for the premiff* vppon the ould leafe. And otherwife then vppon heare faye he faythe he cannot reporte for that he did not fee the fame leafe tendered, nor the drawght thereof at any tyme./ And more touchinge the faid Jnterrogatory this deponent Can- nott depofe./ 2./ To the fecond Jnterrogatory this deponent faythe he hath hard the defendt faye that the Complainantes ffather would {we him vppon A bonde of twoe hundred poundes for non performance of Couenantes But he hath not hard that the fame bonde of twoe hundted poundes is come to the nowe Complaimantes Cuftodye, nor that the Complainant hath of late threatned the defendt to fue him vppon the fame bonde: And more he Cannot depofe./ 3./ To the thirde Jnterrogatory this deponent faythe he hath hard the defendt faye that the Complainantes ffather did at the tyme of his deathe owe vnto him the fome of thirtye poundes for rent of the Houfes and groundes w he the defendt had demifed vnto him. the plaintiffes father, And the defendt faid that the fame thirtye poundes for Rent is yett remayninge vnpayd: but he hath not hard any other faye foe, nor that Complt hath yett Con- feffed foe muche or any other fome to be dwe for rent owinge in his fathers tyme./ And more he Cannott depofe./ 4./ To the ffourthe Jnterrogatory this deponent faythe he knowethe not what Coftes and Charges the plaintiffes ffather was at in his lyffe tyme about the Alteringe and Amendinge of the premiffes demifed vnto him by the defendt, nor what fome or fomes of money James Burbage beftowed to that purpofe vppon the premiffs./ And more he Cannot depofe./ 5./ To the v Jnterrogatory this deponent faythe he hath hard the defendt faye that the Complainantes father did not keepe the faid demifed premiffs in good reparacion when he lyved./ And hath hard that fome of them be nowe in greate decaye vnderpropped w' Shores: but howe longe they haue bene foe he knowethe not, 211 212 Charles William Wallace nor what yt will Cofte to fett the houfes that be decayed in good reparacions, nor knowethe by what meanes the premiffs are foe growne ruynated and decayed. And more he Cannot depofe for that he hath not bene there of purpofe to vewe the decayes therof./ 6./ To the vj™ Jnterrogatory this deponent faythe that he was not prefentes w the plaintiff and defendt when there was any Agreemt made and Concluded vppon betwene them onlye faythe that about Michaellmas lafte pafte was twelue monethe the defendt and he this deponent lyinge in An Jnne in Shordyche Called the George at w*" tyme the Complainant repayred often to talke w™ the defendt, And the defendt tould him this deponent that yt was about A leafe of the premiffs that the Complaimant fued to him for:/ And that he fhould haue one to Commence after thexpira- cion of the owld leafe w™ he the defendt had made of the premiffs vnto the plaintiffes father: And the defendt tould him this de- ponent that the Complainant was Contented and did promife him that in Confideracion of A newe Leafe in Reuercion he would increafe the defendtes Rent ten poundes per Annum more then yt was, and would repayre the houfes and buyldinges decayed vppon the premiffs and would Suffer the Theater w was ther- vppon erected for A playe houfe foe to Contynewe for A playe houfe the fpace of ffyve yeares onlye, and that then yt fhould be Converted to fome other vfe for the Complaimantes benefytt duringe his terme: And after thexpireacion of his terme for the defendtes benefytt. And that therevppon the Complaimant did promife him the defendt paym' of the thirtye poundes w™ his ffather owght him the defendt for rent before he dyed And this he hard by the reporte of the deft and not otherwife:/ And that yt is about A yeare or better as he remembrythe fythence the faid Theater was pulled downe./ And more he Cannot depofe touche- inge the faid Jnterrogatory for that he knowethe not that the Complainant Agreed w the defendt as the defendt tould him this deponent that he did./ 212 ae es The First London Theatre 213 4 / To the vij Jnterr this deponent faythe he knowethe not in what ftate the Complainantes ffather lefte his wyffe Ellen Burbage mencioned in the Jnterrogatory And therefore knowethe not whether fhee have in her handes goodes and Chattles of her late hufbondes wherby the defendt maye have recompence at her handes for the thirtye poundes he claymeth and the breach of other Couenantes: But he fayeth that fhee is accompted A very poore woeman. And more he cannot depofe touchinge the faid Jnterrogatory onlye fayethe he hath hard the defendt affirme afmuche as is in the Jnterrogatory alledged againfte the plain- tiff and his brother Pan re eC ¥ To the viij Jnterrogatory this deponent Can faye nothinge of his owne knowledge: but he hath hard diuerfe of the defendtes _ tenantes faye that the faid Theater was not buylded at the onlye Charge of the Complainantes father but that one John Braynes mencioned in the Jnterrogatory did defraye the one halfe of the Charges thereof vppon Agreem' betweene them that Braynes _ fhould be partner w™ the plaintiffes father in the profyttes i thereof./ And more he Cannot depofe./ , 9./T0. / To the ixt* and x Jnterrogatory this deponent Can faye nothinge I1/ To the xj Jnterrogatory this Deponent faythe that the defendant hath alwayes dealte well and Confcionablye w™ his tenantes: w*" he knowethe to be true for that he is one of his tenantes and hath founde him A very good Landlorde./ And more he Cannot depofe./ 12./ To the xij Jnterrogatory this deponent faythe he thinkethe that the Complainant doethe Contynewe fuche tenantes in the premiffs as his father placed there and are now lyvinge./ And he hath hard the defendt faye that the plaimtiffes father fomtymes fayled paym' of his rent and performance of other Couenantes And more he Cannot depofe touchinge the faid Jnterrogatory to his PE eed ee re. ale ae oe ERs h 213 214 Charles William Wallace nowe remembrance only he hath hard many reportes of the de- fendt touchinge thofe matters mencioned in the Jnterrogatories./ (Signed) Phillip Baker ee a a John Goborne of the parifhe of S*: Leonardes in Shordytche in the Countye of middlefex marchaunttaylo™ of the Age of ffortye ffoure yeares or there aboutes fworne and examyned the daye and yeare abouefaid depofithe and faythe./ 1/ To the ffirfte Jnterrogatory this deponent faythe that James Bur- bage the Complainantes ffather did in his lyffe tyme (as this de- ponent hath hard) tender vnto the defendt the drawght of A leafe of Certayne Houfes and groundes w™ he the defendant had formerlye demiffed vnto him the faid James Burbage, and re- quired the defendt to Seale the fame newe leafe./ And as the defendt hath reported in his this deponentes prefentes he did refufe to Seale the fame for that the Newe leafe w™ James Bur- bage did tender vnto him was not fett downe w™ the fame woordes the ould Leafe was w™ the faid James Burbage was bound by Couenant to doe and no otherwife and the defendt refufed to Seale the faid Newe leafe for other Caufes viz for that the faid James Burbage was as he faid but A bad tenant and behind w® his rent and had not repayred the demifed premiffs accordinge to Couenant betweene them: And more he Cannot depofe touchinge the faid Jnterrogatory for that the drawght of the Newe leafe is not nowe fhewed ffoorthe vnto him at the tyme of this his examinacion 2./ To the feconde Jnterrogatory this deponent faythe he hath hard the defendt Confeffe and faye that he was bound vnto the de- ceafed James Burbage in the fome of twoe hundred poundes for performance of Couenantes Conteyned in the leafe made by him the defendt vnto the faid James Burbage: But he never hard the Complainant faye that he had that bond of twoe hundred poundes in his Cuftodye, nor hath hard the Complainant threaten to put 214 The First London Theatre 215 the fame or any fuch bonde in fuyte againste the defendant: And more he Cannot depofe./ 3/. To the thirde Jnterrogatory this deponent faythe he verelye be- _ levethe that the faid deceaffed James Burbage did at the tyme of his deathe owe vnto the defendant for rent and tharrerages of Rent Dwe vnto the defendant for the houfes and groundes w™ he held by demife the fome of thirtye poundes: for this deponent fayth he hath hard the Complainant Confent to paye the defendt thirtye poundes w™ his father James Burbage did owe vnto the defendt./ And he knowethe that the faid thirtye poundes is yett vnpayde and more he Cannot depofe./ 4./ To the ffourthe Jnterrogatory this deponent faythe that in his Conicience he thinkethe the faid deceaffed James Burbage did not _ (win the fpace of the firfte tenne yeares after the faid premiffs __ weare demifed vnto him by the defendt) beftowe the fome of twoe hundred poundes about the Alteringe and Amendinge of the houfes and buyldinges firft demifed vnto him by the de- fendant: But faythe he knowethe that the deceaffed James Bur- bage did beftowe win the tyme of the firfte ten yeares good {tore of money about the Alteringe and Amendinge of the houfes Demifed vnto him: yett not the full fome of twoe hundred poundes as he takethe yt: And faythe he knowethe not howe muche money was foe beftowed vppon the demifed premiffs by the faid James Burbage: And more he Cannot depofe./ 5-/ To the v“ Jnterrogatory this deponent faythe that for the fpace of the firfte ten yeares the Complaimantes father kepte the premiffs demifed vnto him by the defendt in good and Suffytient reparacions but afterwardes in his lyffe tyme they fell to decaye and fome parte thereof was vnderpropped w* Shores: And fynce his deceafe that the premiffs haue bene in the plaintiffes polfeffion they have fallen into greater decaye and are vnder- propped w' more Shores: and foe remaynes yett vnrepayred: And will Cofte muche money to be putt in reparacions: but howe 215 216 Charles William Wallace muche he knowethe not for that he is not Carpenter nor woork- man belonginge to that trade: And that he thinkethe the faid houfes are foe ffallen to decaye for want of reparacions done in tyme./ And more he Cannot depofe./ 6./ To the vj® Jnterrogatory this Deponent fayth that about Michaelmas lafte was twelue monethe he this deponent was in Companye w'* the Complainant and defendant at w*" tyme yt appeared vnto him this deponent that the Complainant had bene an earnefte futor vnto the defendt for A newe leafe of the houfes and groundes w% his late father James Burbage had by leafe from him the defendant... And then the defendt was Contented to graunte the Complainant A newe leafe for one and twenty yeares of the faid houfes and groundes w™ his father James Burbage had yf foe be he the Complainant would paye vnto him the defendant the thirtye poundes arrerages of Rent w™ his father James Burbage owght him at the tyme of his death put the houfes in reparacions, and paye him the defendant for the fame premiffs twentye ffoure poundes Rent per Annum, And Suffer the Theater then ftandinge vppon parte of the ground demifed vnto his father to ftand for A playinge houfe but onlye one ffyve yeares of his terme of one and twentye viz ffyve of the ffirite yeares and after to converte the fame to tenem*‘’* or vppon reparacions of the other houfes there and foe leave yt beftowed after his terme ended for the defendtes benefytt. And he bounde w™ Suffytient fuertye for paym!' of his Rent: w™ the Complain- ant did Confent vnto, And then proffered his brother Richard Burbage for his fuertye to be bound for the paym' of his rent w*" the defendant miflyked And therevppon they broke of Agayne And foe parted. And fayth that yt was at the fygne of the George in Shordiche that they had the faid Communycacion of Agreem! touchinge the leafe of the premiffs and Couenantes and ‘that yt was about Michaelmas lafte was twelue monethe that they mett about the fame. And the Chriftmas nexte after the faid Theater was pulled downe and Carried Awaye. And more he Cannot depofe touchinge any other Agreemt betweene them./ 216 4 ; 4 7 5 Ratt ae a Ree aT hs ae Ne alate + 0 a ee ee The First London Theatre 217 7./ To the vij Jnterrogatory this deponent faythe that Ellen Bur- bage the late wyffe of James Burbage hathe not the goodes and Chattles w*" weare her faid hufbondes ffor he doethe knowe that the faid James Burbage her hufbonde in his lyffe tyme made A deed of guyfte of all his goodes and Chattles vnto the Complaim- ant: w® deed he hathe feene And there ffore he thinkethe fhee hath not in her handes of her faid hufbondes goodes and Chattles Suf- fytient to paye the defendant the faid fome of thirtye poundes w her hufbonde owght vnto the defendant for Rent and Arer- ages of Rent at the tyme of his deceafe: And fhee is accompted A poore woeman not hable to Satiffie her hufbondes Credyto™./ But he knowethe not that fhee the faid Ellen was by the plaintiff and his brother procured to take lettres of adminiftracion of her hufbondes goodes, the goodes beinge before fecreatlye gayned by the Complainant into his and his brothers owne handes as is alledged in the faid Jnterrogatory./ to deceave the faid James Burbage his Credito’s. And more he Cannot depofe./ To the viij Jnterrogatory this Deponent faythe that the Theater w was erected vppon parte of the demifed premiffes was buylte by the Complainantes ffather and one John Braynes and not by the faid James Burbage alone: for he hath feene the Accomptes betweene them whereby yt appeared that the faid Braynes bore halfe the Charge therof and was a partner w™ James Burbage in | the profyttes thereof: And more he Cannot depofe. 9./ To the ix Jnterrogatory this Deponent faythe he knowethe not what fomes the Complainant and his father haue gayned in there feuerall tymes by meanes of the Theater: but they haue gayned muche: And more he Cannot depofe./ 10/ To the tenth Jnterrogatory this deponent faythe that he hard that the Theater was in pullinge downe. And having A lettre of Attorney from the defendt to forbid them: did repayre thyther And did fynd there at the pullinge downe of the fame and that Comaunded and Countenaunced the fame:/ one Thomas Smythe, 217 218 Charles William Wallace the Complainant and Peeter Streete the Cheefe carpenter And thother that weare there weare laborers and fuche as wrought for wages whofe names he perfectlie remembrithe not. And more he Cannot depofe./ 11/ To the xj" Jnterrogatory this deponent faythe he is the defendtes tenant. And he hath alwayes found the defendt A very ffavor- able and Confcyonable Landlord, And foe he is to all his tenantes beinge well delte wall. And more he Cannot depofe 12./ To the xij" Jnterrogatory this deponent faythe that he knowethe the Complainantes ffather did in his lyffe tyme fayle the payment of his rent vnto the defendt for he knewe when at one tyme there was ffyftye poundes Rent owinge by the Complainantes father, And the defendant had muche troble w™ the faid James Burbage about the fame: And the faid James Burbage placed fuche ten- antes in fome parte of the houfes and buyldinges foe leafed vnto him by the defendt as the officers of that parifhe ffound muche falte w™ the defendt for Sufferinge the fame, And the Complain- ant did and doethe Contynewe fome of thofe and fuche lyke ten- antes there ftill: And more he Cannot depofe./ [Signed] John Goborne Henry Johnfon of the parifhe of S*t: Leonardes in Shordytche in the Countye of middlefex Sylkeweaver of the Age of ffyftye yeares or there aboutes {worne and examyned the daye and yeare abouefaid depofithe and faythe/ 1/ To the ffirfte Jnterrogatory this deponent faythe that the Com- plainantes father did in his lyffe tyme tender and deliuer vnto the nowe defendant the Draught of A newe leafe of Certayne houfes and groundes w™ he held of the defendt by A former leafe and the Complainantes father required the defendt to Seale the fame leafe w*" he tendered vnto him. but the defendt refufed to Seale the leafe tendered for that he faid yt was not accordinge to the fame Couenantes Conteyned in the ould leafe. And for 218 The First London Theatre 219 that the faid Complainantes father (as the defendt then affirmed) was behinde w™ the paym' of parte of his rent referved vppon the ould Leafe./ And that he knowethe the fame to be true for that he was prefent when the fame leafe was tendered by James Burbage to the defendt to Seale att w™ tyme the faid James Bur- bage anfwered the defendt that whatfoeuer was Amiffe in the newe leafe was not longe of him but the fcryveno™ whoe drewe the fame. And more he Cannot depofe touchinge the fame Jnter- rogatory for that he is not nowe at the tyme of this his exami- neacion fhewed the newe leafe./ 2./ To the feconde Jnterrogatory this deponent faythe he hathe hard the faid James Burbage faye that the defendt was bound vnto him in the fome of twoe hundred poundes for the performance of Couenantes Conteyned in the ffirfte leafe made by the defendt to the faid James Burbage and he hath hard the defendant acknowl- edge the fame to be true./ And hath hard the nowe Complain- ant faye that he had that bonde in his Cuftodye and that he would put the fame in fuyte againfte the defendt./ And more he Can- not depofe./ 3 ./ To the thirde Jnterrogatory this deponent faythe he hath hard the Z defendt faye that the Complainantes father did at the tyme of his deceafe owe vnto him the defendt for Arerages of Rent the fome of thirtye poundes: w™ fome of thirtye poundes ys yett owinge and vnpayd: And faythe that fynce James Burbage deceafe the Complainant hath confeffed the fame in this deponentes prefentes. And hath promiffed to paye the fame vnto the defendt Condi- conally he the defendt would make him A newe leafe of the houfes and groundes his.faid father James Burbage had of him by leafe. And more he Cannot depofe./ 4./ To the ffourthe Jnterrogatory this deponent faythe he thinkethe the faid James Burbage did not within the firfte tenn yeares (w™ he held the demiffed premiffes of the defendt) beftowe the fome of twoe hundred poundes vppon and about the Alteringe and 219 220 Charles William Wallace Amendinge of the houfes and buyldinges demifed vnto him by the Defendt for that win the faid firfte tenn yeares he this deponent hath hard the defendant fynd falte w™ the faid James Burbage for that he had not performed his Couenant in that poynt./ yett the fayd James Burbage {till did faye that he had to the vttermofte. And more he Cannot depofe./ 5./ To the v® Jnterrogatory this deponent faythe he knowethe that the faid James Burbage in his lyffe tyme did not keepe the houfes and buyldinges demifed vnto him (by the defendt) in good repar- acions for in his tyme one end of the Barne did fale to fuche ruyne as that they weare Conftrayned to vnderproppe yt w™ Shores. And foe yt was remayninge at the tyme of James Bur- bage his deathe. And yet remaynethe foe: but vnderpropped w™ more Shores then before: but he faythe he knowethe not what yt will cofte to fett the fame w™ the refte of the premiffs in good reparacions for that he hath but lytle Judgment in thofe woorkes: And faythe further that the faid Barne and thother houfes are foe ruinated for want of reparacions in dwe tyme./ And more he Cannot depofe./ 6./ To the vj™ Jnterrogatory this deponent faythe that about Mi- chaellmas Terme Lafte pafte was tweluemonethe the Complainant one John Golborne and he this deponent mett at the defendtes Lodginge (w™ the defendt) at the fygne of the George in Shor- dytche aforefaid at w® tyme there paffed betweene the Complain- ant and defendt diuerfe fpeeches touchinge A newe leafe of the premiffs to be made by the defendt to the Complainant for one and twentye yeares: w“ {peeche and Communycacion was to this or the lyke effecte viz the Complainant demaunded of the defendt A leafe of the houfes and groundes for one and twentye yeares to commence after thexpiracion of the leafe w™ had bene before made vnto his ffather James Burbage: and that the Theater w™ then was vppon parte of the faid groundes might for this terme of one and twentye yeares remayne for A place to playe in as yt was woonte: And in Confideracion thereof he the Complainant 220 aw eee ee ie ee , a ee es, a ee The First London Theatre 225 then promifed to geue the defendt twentye ffoure poundes per Annum for A yearlye rent for the premiffs and would take vppon him to paye the defendt the fome of thirtye poundes w™ the de- fendt Claymed for Arerages of Rent dwe in James Burbage his lyffe tyme and would vndertake to putt the manfion houfes vppon the premiffs in reparacion./ ‘And the defendt was Contented and did accepte of the Complainantes proffer in all, excepte his de- maund for the Theatre to {tand as a playe houfe w™ he miflyked wt wherevppon the Complainant requefted the defendt that he would Suffer yt to ftand for A playe houfe but the ffyve ffirite yeares of the one and twentye yeares and afterwardes he would Converte the fame to fome other better vfe. viz into tenem'’* or repayringe thother premiffs demifed vnto him and afterwardes leaue the fame vppon the premiffs for the defendtes benefytt. w the defendt then Agreed vnto And then demaunded of the Complainant Suffytient fecurytie for the paym' of his the Com- plainantes Rent duringe his terme of one and twentye yeares: wherevppon he made proffer vnto the defendt of his brother Richard Burbage w" whome the defendt miflyked and foe there- vppon they lefte of and parted. And more he Cannot depofe faue onlye that there faid Communycacion was the Michaelmas terme was tweluemonethe and the pullinge downe of the Theatre was the Chriftmas ffollowinge./ 7./ To the vij™ Jnterrogatory this deponnt faythe he thinkethe that the faid Ellen Burbage mencioned in the Jnterrogatory is A very poore woeman and hath not in her handes fuffytient to Satiffie her late hufbond James Burbage his debtes: nor for his breache of other Couenantes. And more touchinge the faid Jnterroga- tory this deponent cannott depofe faue onelye that he hath hard that the Complainant and his brother did take that Courfe men- cioned: in the Jnterrogatory to defraud there fathers Credyto™./ 8./ To the viij* Jnterr this deponent faythe he thinkethe that the deceafed James Burbage did not of his owne proper Coite and Charge buyld and erecte the playe houfe called the Theater: ffor 221) 223 Charles William Wallace he hath hard one John Braynes faye that he did defraye the better halfe of the Charges thereof vppon Agreem* betweene them: And faythe he was A gatherer of the proffyttes therof vnder James Burbage and John Braynes and knew they parted the proffyttes betweene them: And more he cannot depofe./ 9./ To the ix Jnterrogatory this deponent faythe that the Com- plainantes father and the Complainant haue gayned greate fomes of money by the Theater: But howe muche he knowethe not: And more he Cannot depofe./ 10/ To the x Jnterrogatory this deponent faythe he went to the Theater when yt was in pullinge downe to charge the woorkemen and the Complainant not to pull the fame downe for that yt was not accordinge to anye Agreemt or Communycacion of agreem* in his prefentes And beinge there he this deponent did perceave that the fame Theater was appoynted to be foe pulled downe by the Complainant by his Brother Richard Burbage and one Thomas Smythe: and one [Peter] Streete who was heade Carpenter that gaue affiftance therein: And when he had foe Charged them not to pull the fame Theatre Downe they the faid Complainant and Thomas Smythe. and [Peter] Streete the Carpenter tould him this deponent that they tooke yt downe but to fett yt vpp vppon the premiffs in an other forme and that they had Couenanted w™ the Carpenter to that effecte and Shewed this deponnt the decayes about the fame as yt ftoode there thereby Colloringe there de- ceipte. And more he Cannot depofe faue onlye that notw{tand- ynge all there fpeeches they pulled yt downe and Carried yt Awaye And more he Cannot depofe./ 11/ To the xj Jnterrogatory this deponent faythe that he is the defendantes tenant and faythe that his landlord Allen is A very honefte and Confcyonable man very favorable to all his tenantes not viinge any of them in extremetye. And that he this depo- nent hath bene his tenant thefe thirteene yeares. And more he Cannot depofe./ 222 The First London Theatre 223 12./ To the xij“ Jnterrogatory this deponent faythe he knowethe that he aor S &- hes wy a ee eae Maen, S {~~ Serr “~~ | ET a James Burbage did in his lyffe tyme fayle in the paym* of his Rent and in performance of couenantes w the defendt./ and the defendt hath Suffered muche Difquyetnes by occacion thereof: for the faid James Burbage placed fuch tenantes in the Barnes and tenem*'®* w™ he held by leafe from the defendt as the officers of the parifhe there haue ffound muche falte therw™ and haue geuen the defendt ill fpeeches for Sufferinge the fame. And the Complainant itill Contynewethe fuche lyke tenantes there for his proffytt: And he knowethe the fame to be true for that he hath hard the defendt demaund his rent of James Burbage and Could not then haue yt, And he hath bene officer there and hath had fome of the parifhners fynd much falte w™ fome of thofe tenantes./ And more he Cannot depofe to his nowe remembrance./ [Signed] Henry Johnfon Idem. Depositions ex parte Burbage 15 May, rI6o0. INTERROGATORIES [In dorso] Termino Trinitatis xlij4° Regni Regine Elizabethe Jnterrogatories myniftred for thexamynacion of witneffes produced on the parte and behalf of Cuthberte Burbadge Compl* againfte Giles Allen defend . Jnprimis doe yo knowe the parties plaintiff and defendt and howe longe haue yo’ knowen them or either of them, And did yo" not likewife knowe one James Burbadge father of the faid Complainant nowe deceafed. . Doe yo” knowe that the faid Defend Giles Allen and Sara his wief aboute the thirteenth daye of Aprill in the eighteenth yere of her ma*s reigne did demife vnto the faid James Burbage cer- teine garden groundes lyinge and beinge in Hollywell in the 223 on 224 Charles William Wallace parifhe of Ste Leonardes in Shorditch in the Countie of Mid- dlefex for what terme, rente, and vnder what Couenauntes was the fame leas fo made Declare yo" knowledge herein, and how yo’ knowe y® fame. Doe yo* knowe that the faid James Burbadge before thende of the firfte terme of Tenne yeres mencioned in the faid leas did require the faid Defend' to make vnto him the faid James a newe leas of the premiffes accordinge to the purporte and effecte of the Couenaunte mencioned in the forefaid leas, Did not the faid James Burbadge tender vnto the faid Defend‘ a newe leas readie written and ingrofed w™ labelles and waxe thereunto fixed, and was not the fame agreable to the Couent in the faid firfte leas mencioned And did not the faid Defend‘ then make fhewe that he wolde deliuer the fame to the faid James Burbadge but fhifted of the fynifhinge thereof, Declare yo" knowledge herein and howe yo” knowe the fame/ . Doe yo’ knowe that the faid Complainant did aboute twoo yeres nowe laft pafste & diuers tymes fince require the faid defend [and his wief (stricken out)] to make vnto him A newe leas of the premiffes accordinge to the agreemt mencioned in the faid firfte leas, Did not the faid Defend*. denye to make vnto him the faid leas, and what was the Caufe he the faid defendt Did not make the faid leas to yo" knowledge or as yo” Crediblie haue hard Expreffe the truth hereof at large, and what yo” knowe touchinge the fame. Did not Ellen Burbadge mother of the Complainant giue her Confente that the faid Complainant fhould take downe, and Carry awaie the tymber and {tuff ymploied for the theater or playhoufe in the bill mencioned Declare the truth herein. Doe yo’ knowe that there was variaunce and Controuerfie aboute eighteene yeres pafte betwene the Defendt and one Edmond Peck- ham touchinge the title of the faid premiffes, was not the faid 224 5 OOD PE Se <_* ee a ee ee ae ee eee He ee eat we a4 eS ea Py ee i oe The First London Theatre 225 James Burbadge by reafon of the fame Controuerfie often charged to finde men to keepe the poffeffion of the faid premiffes from the faid Edmond Peckham and his fervauntes, and was not the faid James Burbadge often arrefted and much troubled by reafon of the faide Controuerfie that he Coulde not peaceablie enioye the premiffes accordinge to his faid leas, Declare yo" knowledge herein and howe yo” knowe the fame. 7 Did not the faid James Burbadge in his lief tyme for dyuers yeres duringe his terme, difburfe and beftowe muche money aboute the reparacions of the faid Tenem'‘®’* to yo™ knowledge or as you Crediblie haue hard, and to what value did the fame money growe Declare yo™ knowledge herein/ 8 Hath not the faid Complainant fithence the death of the faid James Burbadge euerie yere beftowed muche money in repayringe of the faid Tenem‘, and did not the faid Complainant this lafte yere likewife beftowe a greate fome of moneye in reparacions of the fame to yo" knowledge Expreffe the truth herein and howe much he beftowed aboute the fame g Did yo’ knowe the faid Tenem'’* before and at the tyme theie weare taken by the faid James Burbadg of the Defend*, in what manner and {tate of reparacions were the fame then in Concern- inge the fufficiencye of the buildinge of them, And are not the fame Tenem'’* nowe much bettred and lett for more rente then theie then did Declare yo" knowledge herein at large. 10 Was there not a decayed longe barne parcell of the faid premiffes demifed to the faid James Burbage fometymes in the tenure of one Richardes, and Stoughton, and was not the faide barne at the tyme of the leas made to the faid James Burbadge ruynous and decayed, fo as the fame was fayne to be fhored vpp vnto the playhoufe called the Theater, when it was builte, and hath not the faid James Burbadg and the nowe Complainant from tyme to tyme repayred the fame Declare yo" knowledg herein 225 2 Op 12. 226 Charles William Wallace Whether were not yo’ prefente at A viewe and eftymate made of fuche Dwellinge houfes or tenementes as were erected and builte, and other Coftes beftowed vppon the fame by the faid James Burbadge taken the eighteenth daie of Julye 1586 by Bryan Ellam, John Grigges, William Bothan, William Clarke, Richard Hudfon and Thomas Ofborne, howe longe before the faid viewe or eftymate fo taken was the fame Coftes in buildinge fo beftowed by the faid Burbadge, and how much was there then beftowed by the faid James Burbadge vppon the fame buildinges to yo™ owne knowledge and were yo” not pre/ente at the fettinge downe of the faid viewe or eftymate written in A booke and Confirmed vnder the faid parties handes, and was not the fame A true furveye Declare the truth herein at large. Did not the faid Brian Elham William Bothan and William Clark the fame tyme affirme that theie had formerlie made A viewe of the faid buildinges taken by them the twentith daye of November 1585, and had likewife Confyrmed the fame vnder theire handes beinge written in A booke of Accompte, what did theye faye the eftymate came then vnto, and what doe yowe thincke or beleiue concerninge the truthe of the fame Declare vppon yo" oathe. DEPOSITIONS Depofitiones Captae apwd Weiftmona/terium xv die maij A° Regni Domine Regine Elizabethe hunc & Quadragefimo Secundo ex parte Cuth- berti Burbage genero/i q™§ verfus Egidium Allen generofum Defendentem. Richard Hudfon of the parifhe of St: Albones London Car- penter of the Age of thirtye eight yeares or there aboutes fworne and examyned the daye and yeare abouefaid depofithe and faythe/ 1./ To the ffirfte Jnterrogatory this deponent faythe he knowethe the Complainant and did very well knowe his ffather James Burbage 226 The First London Theatre 227, when he lyved./ And hath feene the defendt: And faythe he hath knowne the Complainant of A Child and more he Cannott depofe 2. m4. 5. OF 7. 8./ To the fecond, thirde, ffourthe ffyfthe, Syxte, Seaventhe and Eighte Jnterrogatories this deponent is not examyned at the re- queite of the plaimtiff '9./ To the nynthe Jnterrogatory this Deponent faythe he knowethe the tenem*®* nowe in the Complaimantes poffeffion, And did knowe them for twentye yeares pafte in the Complainantes ffathers pof- feffion vile and occupacion and that then the fame tenementes weare ould decayed and ruynated for want of reparacions and the befte of them was but of twoe ftories hie./ And the fame tenem‘®* are nowe muche better, And as he thinkethe they goe for more Rent then they then went for:/ And that he knowethe the fame to be true for that he this deponent did ferve his ffather in lawe Bryan Ellam when he Wroughte vppon the fame tenem'‘?s in the Compltes fathers tyme./ And knoweth that then there was muche money beftowed vppon repayringe the fame./ And more he Cannot depofe touchinge the fame Jnterrogatory for that he doethe not remember that he did knowe the faid tenem‘®* before and at the very firfte tyme that the Complaimantes ffather James Burbage tooke the tenem‘®* of the defendant by leafe./ 10/ To the tenthe Jnterrogatory this Deponent faythe he remembrythe that when he firfte wayted vppon his father in lawe Bryan Ellam w is aboue twentye yeares fince there was An ould longe de- -cayed Barne vppon.parte of the premiffs demifed as he takethe yt to James Burbage. w™ barne was very ruynous and decayed foe as then the fame was fayne to be fhored vpp vnto the Play- houfe Called the Theater: w™ Barne the faid James Burbage and the Complainant haue bene fayne from tyme to tyme to repayre and Amend: w™ he knowethe to be true for that he knewe his faid ffather in lawe Brian Ellam fhore vpp the fame vnto the 227 228 Charles William Wallace Playhoufe called the Theater, And he this deponent him felfe hath fynce then wrought Carpenters woorke in and about the same:/ But he doethe not well remember there names that then dwelled in the fame Barne: yett hath Crediblie harde that yt was one Richardes and Stoughton. And one Baker And more he Cannot depofe./ 11/ To the xj Jnterrogatory this deponent faythe he was prefent at A view and eftimate made of the Coftes beftowed by James Bur- bage in his lyffe tyme vppon the houfes and tenem'’ demifed _ ynto him by Gyles Allen the nowe defendant. w™ viewe was taken the Eighteenthe daye of Julye in the yeare of ou” lord god one thoufand ffyve hundred Eightie Syxe by this deponentes faid ffather in lawe Brian Ellam, John Grigges, William Bothan, William Clarke, Thomas Ofborne and him this deponent, at w™ viewe yt did appeare vnto them the faid viewors that before that tyme of there viewe there had bene beftowed vppon the premiffs demifed to the faid James Burbage by him the faid James Bur- bage the fome of twoe hundred and fortye poundes as maye more playnlye appeare by A rememberance thereof fett downe in one of the faid James Burbage his Bookes of Accomptes wherevnto is fubfcribed the faid viewors names and markes: vnto w™ booke for more certayntye of the truethe herein this deponent referrithe him felfe./ And this Deponent faythe that he verelye thinkethe that the faid Cofte w™ then was by the viewors found to haue bene beftowed vppon the houfes and buyldinges by the faid James Burbage was beftowed fome three or ffoure yeares before the viewe foe taken by the faid Bryan Ellame, John Grigges, William Botham, William Clarke, Thomas Ofborne and him this De- ponent: And faythe he was emongeite the refte prefent at the fettinge downe of the faid viewe & eftimate wrytten in the faid James Burbage his booke and confirmed there vnder all there handes. w* he knowethe was Juftlie trulye and indifferentlye furveyed by the parties Aforefaid afwell for the faid James Bur- bage as his Landlord Gyles Allen./ And more he Cannot de- pofe./ to iS) ~ The First London Theatre 229 | 12./ To the xij® Jnterrogatory this Deponent faythe that when they mett togather to take the viewe the Eighteenth daye of Julye in the yeare of ou" lord god one thoufand ffyve hundred Eightie Syxe he hard his faid ffather in lawe Bryan Ellame, William Botham, and William Clarke affirme that they had fformerlye made A wiewe of the faid Buyldinges, about nouember in the yeare of ou" Lord god one thoufand ffyve hundred Eightie ffyve w viewe they faid they had Confirmed vnder there handes in A booke of Accompte of the faid James Burbage And that as he remembrithe they affirmed that the eftimate firfte by them made came to twoe hundred and twentye poundes And more he Can- not depofe touchinge the fame Jnterrogatories to his nowe re- memberance./ [Signed] Rychard Hudfons Thomas Bromfield of the parifhe of S*: Leonardes in Shor- dytche in the Countye of Middlefex Bricklayer of the Age of thirtye yeares or thereaboutes fworne and examyned the daye and yeare abouefaid depofithe and faythe./ 1/ To the ffirfte Jnterrogatory this deponent faythe he knowethe the Complainant and defendt and hathe knowne the Complaimant about Seaven years and the defendt about ffyve yeares, And faythe he did very well knowe James Burbage mencioned in the Jnterrogatory father of the faid Complaimant./ 2. 3. 4. 5. To the fecond, thirde, ffourthe ffyfte, Syxte Jnterrogatories 6/ this deponent is not examyned at the requefte of the plaintiff./ 7./ To the vij Jnterrogatory this deponent faythe he knowethe of his owne knowledge that the faid James Burbage did in his lyffe tyme and for diuerfe yeares duringe his terme in his leafe of his tenem*¢* from the defendt Allen difburfe and beftowe muche money about the reparacions of the faid houfes and tenem‘’* demifed vnto him by the faid defendt Allen for this deponent faythe that for eight yeares he this deponent w™ others haue yearlye done 229 230 Charles William Wallace reparacions vppon and About the fame tenem'‘’* at the Coftes of the faid James Burbage for he {till payde the other woorkmen and him this deponent for his woorke donne there. But the valewe of his Charge beftowed vppon and about the fame houfes and tenem'®s he knowethe not Certaynlye./ And more he Cannot depofe./ 8./ To the Eight Jnterrogatory this deponent faythe he knowethe that fythence the deceafe of James Burbage the Complaimant hath euerye yeare beftowed fome money in repayringe of the faid tenem'¢* demifed vnto his father James Burbage. And this lafte yeare he the Complainant lykewife beftowed A greate fome of money in reparacions of the fame houfes and tenementes for he beftowed the buyldinge of twoe Chimneys in one of the faid tenem*’s, and repayred the houfes in diuerfe places foe that they be nowe in as good reparacions as euer they weare to this de- ponentes knowledge and he hath knowne them thefe tenn or eleven yeares./ And this deponent faythe that the lafte yeare he this deponent for his parte earned of the Complaimant for woorke done vppon and about the faid tenem‘* ffyftye Shillinges w™ his laborers wages and the Stuffe w™ the plaimtiff founde./ And faythe that there was one other bricklayer that lykewife wrought about the faid houfes and vppon the tenem*®* the lafte yeare but howe muche his woorkmanfhipp and the plaintiffes Stuffe came vnto or was woorthe he knowethe not nor can eftimate for that he did not viewe the fame. And more he Cannot depofe./ 9./ To the ix Jnterrogatory this deponent faythe he did not knowe the houfes and tenem'’* before and at the tyme that the faid James Burbage tooke them by leafe of the defendant Allen, nor in what ftate of reparacions they weare then concerninge the Suffytiencie of the Buyldinges: But faythe he hath knowne the houfes and tenem‘®* thefe tenne or eleven yeares and faythe that they are now in as good and Suffytient reparacions as they weare at the firfte tyme of his this deponentes knowledg and haue bene continewallie fynce then kepte in reparacions by the faid 230 The First London Theatre 231 James Burbage in his lyffe tyme and fynce his deceafe by the Complainant, for he this deponent hath earned of James burbage before he Died for reparacions done in and about thofe tenem'** twentye markes or there aboutes: And this deponent faythe he hath hard diuerfe ould men and woemen faye that when the faid James Burbage tooke the faid houfes and tenem'® of the defendt Allen they weare houfes of Offyce as A Slaughter houfe and Brewe houfe and lowe paulterye buyldinges. And that the fame are nowe muche better then they weare and lett for more Rent then they weare woorthe. w™ happenethe by reafon of the repara- cions and alteracions Donne vnto them by the faid James Bur- bage and the nowe Complainant./ And more he Cannot depofe/ 10/ To the x‘ Jnterrogatory this Deponent faythe that he knowethe the ould Batne mencioned in the Jnterrogatory, But that Rich- ardes and Staughton mencioned in the Jnterrogatory did dwell in the fame he knowethe not, nor that the fame Barne was ruynous and decayed when James Burbage had his leafe of the premiffs from the defendant Allen for yt was demifed vnto James Bur- bage before this deponent was acquainted w™ the premiffs: But when he this deponent firfte knewe yt he rememberethe the fame Barne was fhored vppe w™ twoe or three Shores from the Play- houfe Called the Theater: And faythe that win this ten or Eleven yeares the faid James Burbage and the nowe Complaimant hath from tyme to tyme repayred and kepte the fame Barne to there befte endevor and the fame is nowe in reafonable good repayre./ And more he cannot depofe to his nowe remember- ance touchinge the faid Jnterrogatory 11. 12/ To the xj and xij* Jnterrogatories this deponent is not ex- amyned at the plaintiffes requelte./ [His mark] §[7 Thomas Ofborne of the parifhe of ffanchurche London Carpenter of the Age of ffortye twoe yeares or there aboutes fworne and ex- amyned the Daye and yeare abouefaid Depofithe and faythe./ 235 232 Charles William Wallace 1/ To the ffirfte Jnterrogatory this deponent faythe he knowethe the Complainant and defendant and hath knowne the Complainant thefe eighteene yeares or thereaboutes and the defendant but A whyle./ And faythe that he did very well knowe James Bur- badge deceaffed mencioned in the Jnterrogatory father of the Complainant And that he did many tymes woorke for the faid James Burbadge about his houfinge and buyldinges at Holliwell./ And more he Cannot depofe./ 2/3/4/ To the fecond, third, ffourthe, ffyfte, Syxte, Seaventhe and 5/6/7/8/. Eight Jnterrogatories this deponent is not examyned at the requeite of the plaintiff./ 9./ To the nynthe Jnterrogatory this deponent faythe he did not knowe the tenem‘’’ (nowe in the Complainantes poffeffion) be fore and at the tyme they weare takne by the faid deceaffed James Burbadge of the nowe defendant: but faythe that he knewe them for Eightene yeares pafte at w" tyme the faid James Burbadge had them in poffeffion./ and that then the tenem*®* weare in greate ruyne and wanted reparacions and ould buyldinges And the faid James Burbadge did about the tyme aforefaid viz feaventeene or eighteene yeares agoe buyld his owne dwellinge houfe Almofte all newe from the grounde and altered and Amended diuerfe other tenem*’s w*" he hadd there in his poffeffion but what eftate he hadd in the fame he knowethe not Certaynlye, but hath hard that he had A leafe therof from the defendt And that he the faid James Bur- badge was to beftowe A certayne fome of money vppon fuche tenem'* as he had takne: And this deponent faythe that the faid James Burbadge in his lyffe tyme did buyld repayre and Amend diuerfe of the tenem*’* w he held, and beftowed muche Cofte vppon them and made them muche better then they weare before and foe they are nowe./ but howe the rent is improued thereby he knowethe not./ And faythe he knoweth the fame to be true for that he did woorke manye tymes w* the faid James Bur- badge and dwelled neare vnto him and did fee that he beftowed muche cofte vppon and about the tenem‘¢s And more he Cannot 232 The First London Theatre 233 depofe touchinge the faid Jnterrogatory to his nowe remem- berance./ 10/ To the x Jnterrogatory this deponent faythe that he well re- membrithe the decayed longe Barne parcell of the premiffs in the tenure and poffeffion of the faid James Burbadge w Barne he remembrithe was eighteene yeares pafte reddye to haue ffallen downe. And the faid James Burbadge did then caufe the fame Barne to be fhored vpp, grouncelled, Croffe beamed, dogged togeather And foe ftrengthned and repayred yt from tyme to tyme duringe his lyffe tyme w™ he knowethe to be true for that he this deponent did healpe to doe the fame and did often woorke vppon that Barne and other the tenem'® of the faid James Bur- badges by the faid James Burbadge his appoyntment and at his Cofte./ But that Richardes and Staughton mencioned in the Jn- terrogatory did dwell there this deponent remembrithe not, nor knowethe what reparacions the nowe Complainant hath done vppon the premiffes fynce the deathe of his father James Bur- badge./ And more he cannot depofe. 11/ To the xj™ Jnterrogatory this deponent faythe that he was prefent at A viewe and eftimate made of fuche dwellinge houfes or tenem's as weare erected and buylte, (and other Coftes beftowed vppon the fame dwellinge houfes and tenem*®*) by the faid James Burbadge in his lyffe tyme: w viewe was takne as he nowe remembrithe the Eighteenthe daye of Julye one thoufand ffyve hundred Eightie Syxe by one Brian Ellam, John Grigges, William Bothan, William Clarke Richard Hudfon and him this deponent: mencioned in the Jnterrogatory/ vppon w™ viewe yt did appeare vnto him this deponent and the parties aforefaid that the faid James Burbadge had win ffoure or ffyve yeares before that viewe beftowed vppon the houfes and tenementes (w** weare (by ' reporte) demifed vnto him by the defendant) the fome of twoe hundred and ffortye poundes./ And faythe that he this deponent w' the refte of the viewors did in one of the faid James Bur- badge his bookes of accomptes fee A remembrance of that viewe 233 234 Charles William Wallace and eftimate fett downe in wrightinge vnto w™ they the faid viewors Subfcribed and fett to there markes for better confirma- cion thereof And faythe that the fame was A true and Jndyffer- ent furveye takne by the parties aforefaid, And more he Cannot depofe touchinge the faid Jnterrogatory to his nowe remembrance but referrithe him felfe to the booke of Accompte where the fame will more playnlie Appeare./ 12./ To the xij Jnterrogatory this Deponent faythe that at the viewe I/ takne the eighteenthe of Julye one thoufand ffyve hundred Eightie Syxe he remembrythe he did heare the faide Brian Ellam, Wil- liam Bothan and William Clarke affirme and faye that they had takne A former viewe of m™ James Burbadge his buyldinges and Coftes bestowed vppon the premiffs, w viewe they faid they made about the twentythe daye of Nouember in the yeare of ou” lord god one thoufand ffyve hundred Eightie ffyve and that they had Confirmed the fame vnder theire handes in A booke of Accompte of the faid m™ James Burbadge And that then the fame Came but to twoe hundred and twentye poundes, And that he thinkethe yt could be no leffe for that yt feemed there had bene greate cofte beftowed vppon and about the fame by the faid m™ James Bur- badge And for that they whoe weare viewors thereof weare woorkemen of good Judgment in buyldinge and had wrought vppon the fame for the faid James Burbadge at his Charge. And more he Cannot depofe to his nowe rememberance./ [Signed] Thomas Ofborne. William ffurnis of the parifhe of S*t: Leonardes in Shorditche in the Countye of Middlefex laborer of the Age of ffyftie Eight yeares or there aboutes {fworne and examyned the daye and yeare abouefaid depofithe and faythe./ To the ffirfte Jnterrogatory this Deponent faythe he knowethe the Complainant and defendant and hath knowne the Complainant about Eighteene yeares and the defendant but A whyle, And 234 The First London Theatre 235 faythe he did knowe James Burbadge (the Complainantes father) now deceaffed./ /.3/4:/ /6./ To the fecond, third, ffourthe, fyfte and Syxte Jnterrogatories this deponent is not examyned at the requefte of the plaintiff./ 7./ To the vij" Jnterrogatory this deponent faythe that the deceaffed James Burbadge did in his lyffe tyme for diuerfe years duringe his terme difburfe and beftowe muche money about the repar- accions of the tenem*’®’ w™ he held of the defendant and he thinkethe to the valwe of twentye poundes and better. And that he knowethe the fame to be true for that he this deponent hath bene his tenant thefe feaventeene or eighteene yeares and hath seene the faid James Burbadge and the nowe complaimant fynce his deceafe euerye yeare beftowe fome Cofte in repayringe and mayntayninge in reparacions the faid tenem'**./ Demifed vnto him by the defendt w® his manfion houfe w™ he lykewife beftowed greate cofte on, in newe buyldinge: and adioyninge another newe buylte houfe vnto yt. And more he Cannot depofe faue onlye that he hath bene laborer there and ferved the woorkmen when the faid ould tenem*®* haue bene repayringe././ g / To the viij™ Jnterrogatory this deponent faythe that the nowe Complaimant Cuthbert Burbadge hath yearlye fynce the deathe of his ffather James Burbadge beftowed muche money in repayringe of the faid ould tenementes, And this lafte yeare kepte one man at woorke in repayringe the faid ould tenem‘’* ffyve dayes, and after him an other Syxe weekes, and one other after hime ffyve dayes more w™ this deponent thinkethe Cofte the faid Complaim- ant about nyne poundes woorkmantfhipp and Stuffe./ all w* he this deponent beinge tenant there and dwellinge in thofe rentes did fee and therefore knowethe the fame to be true And more he Cannot depofe./ 9./ To the nynthe Jnterrogatory this deponent faythe he did not knowe the faid tenem'’* when the faid James Burbadge tooke the 235 236 Charles William Wallace fame of the defendt nor before./ but fayth that eighteene yeares pafte or there about he this deponent came thyther to dwell: fynce w™ tyme he hath knowne the fame, and faythe that when he this deponent firfte knewe the fame the faid tenem‘®* weare very ould and houfes of office, and his owne dwellinge houfe was but ruynous and ould buyldinge and the faid James Burbadge did buyld his owne houfe newe and an other nexte vnto yt and re- payred and Amended the other buyldinges w™ weare houfes of office before, and converted them to tenem'®* and made them ten- antable whereby the fame are bettered and are lett for more rent then they then went: for mofte of w™ alteracion and cofte be- {towed there, was donne fynce he this deponent came thither to dwell as tenant to the faid James Burbadge. ‘And therefore knowethe the premiffs to be true/ And more he Cannot depofe touchinge the faid Jnterrogatory to his nowe rememberance./ 10/ To the x® Jnterrogatory this deponent faythe that when he this deponent came to dwell in the faid James Burbadge his rentes the decayed longe Barne mencioned in the Jnterrogatory was in-as greate decaye as yt is nowe, for yt {toode then Shored vpp againfte the playhoufe called the Theater and nowe yt is but fhored vpp from the ground, and the deceaffed James Burbadge did in his lyffe tyme from tyme to tyme repayre the fame and foe hathe the Complainant fynce his deceafe./ but he remembrythe not that Richardes and Staughton mencioned in the Jnterrogatory had the tenure thereof. And more he Cannot depofe touchinge the faid Jnterrogatory to his nowe rememberance./ 11/12/ To the Eleventhe and tweluethe Jnterrogatorics this deponent is not examyned at the requefte of the Complaimant./ [His mark] X William Smythe of Waltham Crofe in the Countye of Hartforde gentleman of the Age of ffortye yeares or thereaboutes fworne and examyned the daye and yeare abouefaid Depofithe and faythe 236 The First London Theatre 227 1/ To the ffirfte Jnterrogatory this deponent faythe he knowethe the Complainant and Defendant, and hath knowne the Complaimant thefe ffyfteene yeare or there aboutes and the defendant but about three yeares And faythe that he did knowe James Burbadge mencioned in the Jnterrogatory nowe deceaffed./ (2 / To the feconde Jnterrogatory this deponent faythe he hathe feene An Jndenture of Leafe whereby yt appeared that the defendt and Sara his wyffe did about the thirteenthe daye of ‘Aprill in the eighteenthe yeare of her ma:*** raigne that nowe is demife vnto him the faid James Burbadge Certayne garden groundes lyinge and beinge in Hollywell in the parifhe of St: Leonardes in Shor- ditche in the Countye of Middlefex for the terme of one and twentye yeares yealdinge and payinge therefore yearlye duringe the faid terme ffoureteene poundes per Annum w prouifoe in the fame leafe that the defendt win or at thend and terme of the firfte ten yeares in the faid Leafe he the faid defendt fhould make him the faid James Burbadge or his Affignes A newe leafe for one and twentye yeares then to Commence at thend of the {aid firfte tenn yeare graunted him in his faid Leafe of the date of the Thirteenthe of Aprill in the Eighteenthe yeare of her ma:*% Raygne aforefaid: And faythe that he remembrythe not the feuerall Couenantes comprifed in the faid Leafe made vnto the {aid James Burbadge. but for Certentye thereof referrithe him felfe vnto the faid leafe now expired and remayninge in the Com- plainantes Cuftodye And more he Cannot depofe to his nowe rememberance./ 3./ To the thirde Jnterr this deponent faythe he hathe harde the de- fendt diuerfe and manye tymes Confeffe that the faid James Bur- badge did in his lyffe tyme and before thende of the firlte Terme of Tenn yeares (mencioned in the faid firfte leafe) require him the faid defendant to make vnto him the faid James Burbadge A newe leafe of the faid premiffs accordinge to the purporte and effecte of the Couenant mencioned in the faid former leafe, And that he hard the defendt confeffe that James Burbadge aforefaid 237 4./ 5./ 238 Charles William Wallace did tender vnto him the defendt A newe leafe reddye wrytten and ingroffed reddye to Seale accordinge [to] the couenantes and pro- uifoes conteyned in the firfte leafe And he the defendt vppon the fame tender afked the faid James Burbadge and the fcriveno™ (whoe brought the fame leafe w them reddye to be Sealed) yf they would geue him leaue to aduife of yt. whervppon they An- fwered no, then faid the faid defendt yf you will not geue me leaue I will take leaue and took the faid leafe and fynce then kepte yt in his owne poffeffion, and never Sealed the fame. And that he knowethe the fame to be true but from the faid defendantes owne reporte. ‘And more he Cannot depofe. - To the ffourthe Interrogatory this Deponent faythe that he know- ethe the Complainant did about twoe yeares nowe lafte pafte or there aboutes and diuerfe tymes fynce then, require the faid de- fendt to make him A new Leafe of the premiffs accordinge to the Agreem' mencioned in the ffirfte leafe, but the Defendt denied to make him any fuche leafe, alledginge that the premiffs weare not bettered by James Burbadge accordinge to his Couenant, and that there weare Arerages of Rent behinde and vnpayde w™ the faid James Burbadge did owe in his lyffe tyme./ But the defendt did tender the Complainant A newe leafe of the premiffs w Jm- prouem' of the rent and very ftricte and vnreafonable Couenantes Contrarye to the Agreem't and the Couenantes in the firfte leafe made to James Burbadge, for w*" Caufes the plaimtiff refufed the fame./ And more he Cannot depofe touchinge the fame Jnter- rogatory But for more Certentye thereof referrathe him felfe to the fame draught remayninge w™ the defendt./ To the ffyfte Jnterrogatory this deponent faythe that he know- ethe the faid Complainantes mother did geue her Confent that the plaintiff fhould take downe, and Carrie Awaye the Tymber and {tuffe Jmployed for the Theater or playhoufe in the Bill men- cioned for fhee was there and did fee the doinge thereof and lyked well of yt and did alowe thereof. And more he Cannot depofe./ 238 The First London Theatre 239 ./ To the Syxte Jnterrogatory this deponent faythe he hath hard the defendt and the faid deceaffed James Burbadge faye that longe fynce there was Controuerlie betweene the faid defendt and one Edmonde Peckham mencioned in the Jnterrogatory for and touch- inge the tytle of the premiffs by reafon whereof the faid James Burbadge reported that he was muche hindered and could not haue the vie of the premiffs quietlye but was fayne to fynde men at his owne Charge to keepe the poffeffion thereof from the faid Peckham and his fervantes:/ And more he Cannot depofe touchinge the faid Jnterrogatory :/ 7./ To the vij Jnterrogatory this deponent faythe he hath feene fome of the deceaffed James Burbadge his bookes of accomptes in w™ he hath feene twoe feuerall furveies made by feuerall woorkemen whofe names are fett downe to the faid furveies in the faid bookes whereby yt appeareth that the faid James Burbadge did in his lyffe tyme beftowe vppon the premiffs the fome of twoe hundred and odd poundes*accordinge to his Couenant befides his yearlye expence in generall repayre of the premiffs: vnto w™ bookes for further and more certentye of the truthe therein, he referrethe him felfe./ w°® bookes are in the plaintiffes poffeffion./ And more he Cannot depofe./ 8./ To the viij Jnterrogatory this deponent faythe that fythence the deceafe of the Complainantes ffather he the Complainant hath yearlye beftowed fome Coftes about the repayringe of the prem- iffs, and this lafte yeare to this Deponentes owne knowledge & fynce the removeinge of the Theater he the Complaimant hath beftowed in repayringe the premiffs the fome of ten poundes or neere there aboutes. And more he Cannot depofe./ ./10/ To the nynthe tenthe, Eleventhe and tweluethe Jnterrogatories 1I./12./ this deponent Can faye nothinge more then he hathe all reddye depofed to his nowe rememberance./ [Signed] William Smythe 239 240 Charles Wiliam Wallace Randulphe Maye of the parifhe of S*t: Leonardes in Shorditche in the Countye of Middlefex Paynter of the Age of threefcore yeares or there aboutes fworne and examyned the daye and yeare abouefaid Depofithe and faythe./ 1/ To the ffirfte Jnterrogatory this deponent faythe he knowethe the Complainant and defendt and did knowe James Burbadge the Complainantes ffather./ 2/.3./4/5/ To the feconde, third, ffourthe and ffyfte Jnterrogatories this deponent is not examyned at the requefte of the plaintiffes 6./ To the vj Jnterrogatory this Deponent faythe he well remem- brithe that about eighteene yeares nowe pafte there weare fuytes betweene the defendt Allen and one EdmondePeckham touchinge the tyttle of the Theater and landes in the deceaffed James Bur- badge his poffeffion and by reafon thereof the faid James Bur- badge was muche hindered and trobled and was often Charged to ffynde men to keepe the poffeffion of the premiffs in Con- trouerfie betweene Allen and Peckham and was once in danger of his owne lyffe by keepinge poffeffion thereof from Peckham and his fervantes./ And could not enioye the premiffs peacablie and Quyettlye according to his leafe. And that he knoweth the fame to be true for that he was then there. A fervant in the houfe Called the Theater And knoweth that the faid James Bur- badge lofte muche money by that controuerfie and troble for yt drove manye of the players thence becaufe of the difturbance of the poffeffion And more he Cannot depofe touchinge the faid Jnter- rogatory to his nowe rememberance./ 7./8./ To the vij™ and viij™ Jnterrogatories this deponent is not ex- amyned at the requefte of the plaintiff./ 9./ To the nynthe Jnterrogatory this deponent faythe he did knowe the tenem'®* w weare vppon the groundes demifed vnto the faid James Burbadge when he firfte had them demifed vnto him by the 240 The First London Theatre 241 defendant, And faythe that then they weare very fymple buyld- inges but of twoe ftoryes hye of the ould fafhion and rotten, foe that after the faid James Burbadge had them in leafe he was fayne to pull downe fome of them and newe buyld them for his owne dwellinge and to repayre the refte to his greate Charge to keepe them vpp: And they are nowe better then they weare when he tooke them by leafe and worthe more rent then they weare then for the faid James Burbadge was fayne to deuide them and Contrive them fytt for dwellinges where they before weare ould houfes of office and fome of them open that Roges and beggers harbored in them./ And more he cannot depofe to his remem- berance./ ‘0/ To the x Jnterrogatory this deponent faythe that when the faid James Burbadge tooke the premiffs by leafe from the deffendant there was A decayed longe Barne parcell of the premilfes de- miffed vnto him fomtymes in the tenure of Richardes and Stoughton mencioned in the Jnterrogatory w® Barne was then very ruynous and decayed foe as the fame was fayne to be fhored vpp vnto the Playhoufe Called the Theater when yt was buylt, And the faid James Burbadge and the nowe complainant hath fynce the firfte takinge of yt beftowed greate coftes vppon yt and deuided yt and kepte yt vpp we reparacions, els he thinkethe yt had fallen downe ffyfteene yeares Agoe./ And that he thinkethe yt is rather better then worfe then yt was when the plaintiffes father tooke yt w™ the refte of the premiffs in Leafe./ And more he Cannot depofe to his rememberance./ /12/ To the xj™ and xij Jnterrogatories this deponent is not ex- amyned at the requefte of the plaintiff./ [Signed] Randovlph May Oliver Tylte of the parifhe of S*t: Buttolphes London yoeman of the Age of ffortye Eight yeares or there aboutes {worne and ex- amyned the daye and yeare abouefaid depofithe and faythe./ 241 242 Charles William Wallace 1/ To the ffirfte Jnterrogatory this Deponent faythe he knowethe the Complainant and Defendant and did knowe James Burbadge the Complainantes father nowe deceaffed./ 2/3/4/5/ To the fecond, third, ffourthe, and ffyfte Jnterrogatories this Deponent is not examyned at the requefte of the plaintiff 6./ To the vj™ Jnterrogatory this Deponent faythe that he remem- brith that about Eighteene yeares fynce there was great varience and Controuerfie betweene the defendt Gyles Allen and one mt Peckham touchinge the tytle of the Playehoufe called the Theater : and faythe that when the faid Contrauerfie was betweene m™ Allen and m™ Peckham James Burbadge the Complainantes father did paye him this deponent and others wages for keepinge the pof- feffion of the Theater from the faid m™ Peckham and his fervantes whereby he faythe he verelye thinketh that the faid James Bur- badge was at great Charge:/ for he payde men wages for keep- inge poffeffion foe longe as the contrauerfie was betweene m™ Allen and m™ Peckham and m™ James Burbadge was muche dif- turbed and trobled in his poffeffion of the Theater and Could not Quietlye and peaceablie enioye the fame./ And therefore the players for fooke the faid Theater to his great loffe./ And more he Cannot depofe./ 7./ To the vij“ Jnterrogatory this deponent faythe that before the faid Theater was buylded he this deponent did dwell in A tenem* of the faid James Burbadge. And knowethe that the faid James Burbadge duringe his tyme did repayre the tenem*®* he held of m™ Allen often and many tymes and beftowed muche Cofte vppon them: but the valewe he knowethe not./ And more he Cannot depofe/ 8./ To the viij.” Jnterrogatory this deponent is not examyned at the requefte of the plaintiff 9./ To the ix Jnterrogatory this deponent faythe that he did knowe the tenem‘’* before and at the tyme they weare taken by James 242 The First London Theatre 243 Burbadge of m™ Allen, And fayth that when he tooke them of m” Allen they weare all very ould buyldinges and of meane buyldinge and the faid James Burbadge after he tooke the premiffs did re- _ edefie fome of the houfes and beftowed greate coltes vppon the fame, And faythe that nowe the fayde houfes and tenementes are A great deale better then they weare when James Burbadge tooke them of M* Allen, And are nowe lett for more Rent then they weare then rented for. And knowethe the fame to be true for that he dwelled there when m™ James Burbadge tooke them, And more he cannot depofe./ 10/ To the x Jnterrogatory this deponent faythe that there was vppon the premiffs when m™ James Burbadge tooke the premifis of m™ Allen one longe decayed Barne parcell of w" was fom- tymes houlden for A barne Roome by one Richardfon dwellinge in Coleman {treet London, and other parte thereof houlden for A Slaughter houfe by one Stoughton, w* Barne when the faid Burbadge tooke yt w* the premiffs was very Ruynous and de- cayed and foe weake that the faid Burbadge was fayne to Shore yt vpp vnto the playhoufe Called the Theater when it was buylte, And faythe that James Burbadge did in his lyffe tyme from tyme to tyme repayre and Amende the fame to keepe yt vpp, for when he tooke yt yt was lyke to haue ffallen downe and was foe weake as when A greate wynd had Come the tenantes for feare haue bene fayne to goe out of yte./ w’ he knowethe to be true for that then he was A tenant in the fame And more he Cannot depofe./ 11/12/ To the xj and xij Jnterrogatories this deponent is not ex- myned at the plaimtiffes requeite [His mark] T Idem. Depositions ex parte Burbage, 23 May, 1600. INTERROGATORIES [In dorso] Termino Trinitatis xlij4° Regni Regine Elizabethe./ 243 I 244 Charles William Wallace [Note on upper left corner :] the defendtes wyttnefes te be examyned on thefe./ Interrogatories myniftred to the witneffes pro- duced by the defend‘ to be examyned on the parte of the Comp! againft the faid defend Item haue yo heard the faid Defend‘ at any tyme demaunde of the faid Complainant the fomme of Thirtye poundes pretended to be due for arrerages of rente by James Burbadge the Compl*® father, and whether did the Complainant Confeffe the fame to be ~ due, and promifed to make paym' thereof, vppon what Confidera- we cion did the plaintiff make fuche promife to paye the fame, where when and vppon what occafion was that promife made and whoe were prefent thereat befides yo" felf Item whether haue yo” at any tyme heard the Complaimant en- treate the faid Giles Allen to make him a newe leafe of the pre- miffes nowe in queftion & when wher, at what tyme and how longe fince were any fuch fpeeches vied & who were then prefent ther w** you What Anfweare did the faide Defend‘ giue to the faid Complainant, Did not the Defend‘ deferr the makinge of the faid leas from tyme to tyme, what was the meaninge or intente of him the faid defend‘ therein, And did not the faid Defend* by his owne appointm' Caufe A paper booke of A leafe to be drawne vpp, and did the faid Complainant agree or accepte of the fame Draughte, if not what was the occafion that there was no agreem* betwene them Declare the truth of yo" knowledge herein at large and how yo knowe the fame. Item Doe yo’ knowe or haue yo Crediblie hard that there weare {peeches of A newe agreemt had betwene the Defend' and the faid James Burbage a little before the deathe of the faid James that hee the faid James fhould haue A newe leas of the premiiffes Conteyned in the former leas for the tearme of one and twentye yeares to begynne after thende and expiracion of the former 244 —~ sa The First London Theatre 245 cluded on betwene the Defend! and the faid James Burbadge, and whoe was prefente at the fame agrement (if any fuche were) what reafon had the faid James Burbadge to agree to giue Tenne poundes a yere more rent for the faid premiffes then he did in the former leas, Declare yo" knowledge herein and the reafon that moued the faid James to make fuche agreem' (if any weare) vppon yor oathe. 4 Doe yo* knowe that at or aboutes the tyme aforefaid there were fpeeches of agreem' had betwene the Defend‘ and the faid James Burbadge that the Theater fhould Contynue for A playinge houfe for the fpace of ffyve yeres onelie after thexpiracion of the firite terme and not longer, and that after the faid ffyve Yeres ended, yt fhould be Converted by the faid James and the nowe Complain- ant or one of them to fome other vfe and be ymployed vppon the groundes demifed wherebie the benefitt and proffitt therefor after that terme ended fhould remayne to the defend' weare the fame fpeeches agreed and Concluded vppon betwene the defend‘ and the faid James Burbadg, what perfons were prefente at that tyme, What reafon had the faid James Burbadge to allowe of any fuch agreem!' (if any weare) and did not the faid parties breake of theire Agreem' againe becaufe theie could not agree of fuerties, or what was then done touchinge the fame agreem' betwene them Declare yo" knowledg to eucrie pointe of this Interrogatory at large. a a oe, DEPOSITIONS Depofitiones Captae apud weftmonafterium xxiij4° die Maij A° Regni Domine Regine Eliza- bethe nunc &c Quadragefimo Secundo ex parte Cuthberti Burbadge generofi q™s verfus Egidium Allen generofum defendentem./ Henry Johnfon of the parifhe of St: Leonardes in Shorditche in the Countye of Middlesex Sylkweaver of the Age of ffyftye 245 246 Charles William Wallace yeares or there aboutes fworne and examyned the Daye and yeare abouefaid Depofithe and faythe 1/ To the ffirfte Jnterrogatory this Deponent fayth he hath hard the Defend' afke and demaunde of the Complainant the fome of thir- tye poundes pretended to be dwe for Arerages of Rent by the deceaffed James Burbadge And hath hard the Complainant con- feffe the fame to be dwe and promifed to make paym* thereof vuto the Defendant in Confideracion he the Defendant would make him the plaintiff A leafe for one and twentye yeares of the houfes and groundes w™ his late father held of him before in leafe, And in Confideracion he the Defendt would permitt the houfe Called the Theater to ftand for A playinge houfe for the firite ffyve yeares of the newe leafe w™ the Defendt was con- tented to doe. And the fame promife was made vnto the Defendt at the Sygne of the George in Shordytche about Michaellmas lafte was tweluemonethe in this Deponentes prefentes and the prefentes of one John Golborne:/ And more he Cannot depofe touchinge the faid Jnterrogatory to his nowe rememberance./ 2/ To the feconde Jnterrogatory this Deponent faythe he knoweth that the Complainant hath many tymes labored and intreated the Defendt to make him a newe leafe of the premiffs in Queftion for this Deponnt faythe that many tymes when the defendt hath Come vpp to London to receave his Rentes he this deponent hath bene w' him payinge him certayne Rent and then he hath feene the plaintiff w™ his Landlord payinge his Rent lykewife and then fyndinge oportunytie the plaimtiff would be intreatinge the De- fendt to make him A newe lease of the premiffs in Queftion and faythe yt is at leafte three yeares fynce he this deponent firft hard the plaintiff labor and intreate the defendt for A newe leafe and that yt was at the fygne of the George in Shordytche that the Defendt laye when he came to london to receave his rentes and there the plaintiff Solicited him for A newe leafe./ and the faid Goulborne hath bene there prefent and hard the fame afwell as he this deponent: And the defendant from tyme to tyme deferred 246 . | The First London Theatre 247 the makinge of any newe leafe fayinge vnto the plaintiff paye me tharrerages of rent w yo" father owght me when he died and performe the Couenantes that yo" father performed not in his lyffe tyme And then wee will talke of A newe leafe: And that he thinkethe the Defendt deferred the makinge of A newe leafe vnto the plaimtiff of purpofe to drive him to Augment his rent per Annum And to drive the plaintiff to paye the thirtye poundes he claymed for Arerages and performance of other couenantes And this Deponent faythe he hath hard that the Defendt did ap- poynte and caufe A paper Booke of A leafe to be drawne vpp But the Complainant did not agree and accepte of that drawght becaufe as the plaintiff reported yt was vnreafonable penned and drawne and for that the defendt would thereby haue Compelled the plaintiff to haue affured the improued rent to Contynewe after thexpiracion of his leafe then to Commence and contynewe for one and twentye yeares. And more he cannot depofe touchinge the faid Jnterrogatory for that he never Sawe the faid Draught mencioned in the Jnterrogatory . To the third Jnterrogatory this Deponent faythe he knowethe that the Deceaffed James Burbadge was in his lyffe tyme A lyttle before his Deathe an earneft futor vnto the defendt for the ob- tayninge of A newe leafe of the premiffs: And faythe that there weare diuerfe fpeeches betweene the defendt and the faid James Burbadge touchinge A newe leafe of the premiffs (conteyned in his former leafe) for the terme of one and twentye yeares to com- mence after thexpiracion of the former leafe for the yearlye rent of twentye ffoure poundes: but he knowethe not that the faid {peeches weare agreed and Concluded vppon betweene the defendt and James Burbadge: And more he Cannot depofe touchinge the faid Jnterr to his nowe rememberance faue onlye that the Defendt {till defired the faid James Burbadge yf he would haue A newe leafe to encreafe his rent./ otherwife he would graunte non 4./ To the ffourthe Jnterr this Deponent faythe that he never hard of any fpeeches of Agreem' betweene the defendt and the de- 247 248 Charles William Wallace ceaffed James Burbadge touchinge the Contynewance of the Theater for A playinge houfe for the fpace of ffyve yeares onlye after thexpiracion of the ffirfte Terme and not longer, nor that after that tyme of ffyve yeares ended yt fhould be converted by the faid James Burbadge and the nowe complainant or one of them to fome other vie and be imployed vppon the groundes demifed whereby the benefytt and profytt thereof after that terme ended fhould remayne to the Defendt./ And more he Cannot depofe touchinge the faid Jnterrogatory for that he never hard of any fuche conference as is f{pecified in the Jnterrogatory betweene the faid defendt, James Burbadge Deceaffed and Cuthberte Bur- badge in his fathers lyffe tyme but fuche fpeeches pafte betweene the nowe plaimtiff and Defendt fynce the deceafe of James Bur- badge the father but not Agreed vppon for that they brake of becaufe they Could not Agree vppon fuerties./ [Signed] Henry Johnfon John Golborne of the parifhe of S*t: Leonardes in Shordytche in the Countye of Middlesex Marchaunt taylor of the Age of ffortye twoe yeares or there aboutes fworne and examyned the daye and yeare abouefaid depofithe and faythe./ 1/ To the ffirfte Jnterrogatory this Deponent faythe he hathe hard the Defendt demaunde of the plaintiff the fome of thirtye poundes pretended to be dwe for Arrerages of Rent by James Burbadge the Complainantes father. And vppon the Defendantes demaund thereof the Complainant hath confeffed the fame and yealded to paye the fame in Confideracton the Defendt would make him A newe leafe of the houfes, tenem‘®s and groundes his father James Burbadge held of the Defendt by A former leafe in his lyffe tyme. And that the plaintiff vppon occacion of conference w‘ the de- fendt of A newe leafe and in Confideracion of the defendtes promife of A newe leafe of the premiffes the Complaimant at the fyghe of the George in Shoreditche about michaellmas lafte was Tweluemonethe promiffed paymt of the faid thirtye poundes vnto the Defendt, and that then there weare prefent befides him this 248 The First London Theatre 249 Deponent one Henry Johnfon and one m* Thomas Nevile./ And more he Cannot depofe./ 2./ To the feconde Jnterrogatory this Deponent faythe that he hath diuerfe and fundrie tymes hard the Complainant entreate the De- fendt to make him A newe leafe of the premiffs in Queftion, And that the lafte entreatye that the plaintiff made for the obtayninge of a leafe of the premiffs in this deponntes hearinge was at Michaellmas lafte pafte was tweluemonethe and there was then prefent the faid Henry Johnfon and m®™ Thomas Nevile, But the Defendt made the plaintiff this Anfwere vz that he would haue his arerages that he Claymed firfte payde him and then he would conferr w him about A leafe and foe deferred yt from tyme to tyme And as he takethe yt he deferred the plaimtiff becaufe he ment to be payde the Arerages aforefaid and Converte the Theater from A playinge houfe to fome other better vfe vppon the grounde./ And faythe that he hard that the defendt by his owne appoyntm! caufed A paper booke of A leafe to be drawne vpp betwene him and the Complainant, but the Complainant did not accepte thereof for that (as the plaintiff fayd) there weare very vnreafonable couenantes therein conteyned And more he Cannot depofe./ OE a a a ae 3./ To the third Jnterr this deponent faythe that there weare fpeeches of An Agreemt betweene the Defendt and the Complainantes father in his lyffe tyme and a lyttle before his Deathe w™ fpeeches tended to this or the lyke effecte vz that he the faid James Bur- badge fhould haue of the defendt A newe leafe of the premifis Conteyned in his former leafe for the terme of one and twenty yeares to Commence after thende and expiracion of his former leafe for the yearlye rent of twenty ffoure poundes per Annum w™ was ten poundes A yeare more then he payde before: but that Agreem* was not Concluded vppon for that the Defendt then Aledged that the faid James Burbadge had not beftowed foe muche money vppon buyldinge and repayringe the premiffs demifed vnto him as he was bound to bestowe by Couenant: but the plaintiffes 249 250 Charles Wiliam Wallace father aledged that the full fome was beftowed accordinge to his Couenant win the firfte ten yeares of his firfte leafe./ And faythe that he hard the Complainantes father faye that he did proffer to geue the defendt the faid ten poundes A yeare more rent then was referved in the ould leafe for that he would haue the Theater to ftand for A playinge houfe for one and twentye yeares more whereby he might reape greate proffytt And for that reafon he profferred to rayfe his rent ten poundes per An- num./ And more he Cannot depofe./ 4./ To the ffourthe Jnterrogatory this deponent faythe that he never hard that the faid James Burbadge and the defendt had at any tyme any fpeeches togeather touchinge the Contynewance of the Theater for a playinge houfe for the fpace of but ffyve yeares onlye after thexpiracion of his old leafe: But the defendt would fayne haue had the faid James Burbadge to haue Converted the faid Theater to fome other vie vppon the premiffes demifed vnto him: w% the faid James Burbadge would not Agree vnto but tould the defendt that he would encreafe his rent ten poundes per Annum yf he might haue his leafe renewed for one and twentye yeares more after thexpiracion of the ould leafe and the Theater to Contynewe duringe that tyme for a playinge houfe:/ otherwife he would remoue the faid Theater from of the premiffs And take aduantage of the defendtes bonde w™ he had made him:/ And that after the newe leafe w™ he then entreated for weare expired he or the nowe Complainant would Converte the faid Theater vppon the premiffs to fome other vfe for the bene- fytt afwell of the defendt as for the leffee then in poffeffion: but vppon all that Conference nothinge was abfolutlie Agreed vppon becaufe the Defendt would not Confent to fuffer the fame Theater to contynewe foe longe for A playe houfe And faythe that when thefe fpeeches pafte betweene the defendt and James Burbadge he this deponent the faid m™ Thomas Nevile and the nowe Complainant weare prefent: And more he Cannot depofe touchinge the faid Jnterrogatory to his nowe rememberance. [Signed] John Gobvrne . The First London Theatre A ip AFFIDAVIT OF GYLES ALLEYN Court of Requests, Miscellaneous Books, volume 122, 42 Eliza- beth (1600). [This book was found by me in the uncalendared Requests Proceedings, and later handed over to M. S. Giuseppi, Superintendent, on Dec. 7, 1909, to be filed among the Miscellaneous Books. It is a small book of original, signed affidavits, which were later copied into the register of affidavits by some clerk, who thereupon drew a line down through each of the originals. Unpaged.] 2° Junij [A° 42° Eliz. 1600.] Towching the caufe at the fute of Cuthbert Burbage gent pl againft Gyles Aleyn gent deft, the fayde Gyles Allen maketh othe, that neither he this deponent nor any other for him (to this deponentes knowledge) haue had any coppies of or are previe to or acquainted w' the depoficions of fuch witneffes as haue heretofore been examined in the faide caufe/. And he further depofeth, that theere are others to be examined on this deponentes behalfe who (as this deponent verily thincketh) are materyall witneffes to be vfed on his parte viz Richard Parramore efq™ whofe dwelling place this depont doeth not certenly knowe Robt Vigorus of y® middle Tem- ple London efq™, Thomas Nevill of Bricklefey in the county of Essex gent, Robt myles of ye parifh of white chappel w‘"in the fubvrbes of London Innholder & Rafe myles (his fonne) John Hyde who as this depont is enformed is of the parifh of St Dun- {tans in the Eaft in London grocer & W™ Gall who as this depont is enformed is of the parish of Alhalowes neere gratious {treete in London fcryvener [Signed] by me Gyles Aleyn [Entered also, without signature, in Affidavit Register, Requests, Misc. Bks., vol. 121, under above date.] 251 per or- dinem 252 Charles William Wallace AFFIDAVIT OF CUTHBERT BURBAGE Liber idem (a few pages later, unnumbered). 11° Junij [A° 42° Eliz., 1600] Whearas in the caufe at the fute of Cuthbert Burbage gent pl again{t Gyles Allen gent def‘, it was ordered the laft day of May laft paft that the faide deft his Counfailo", Attorney & follicitor fhould furceafe & ftay & no further proceede in an accion of trefpas at & by thorder of her ma*®* common lawes, & not caufe the demurrer there tendred vppon the def*®* plea in that fute to be ioyned vp or entred vntill the hearing of the faid caufe, & other order taken & made to the contrary: The faid Cuthbert Burbage maketh othe that hee the faid deft hath fince the faid order con- trary to theffect thereof caufed the faid demurrer to be ioyned vpp and entered a rule thervppon for this deponent to ftand to his plea at and by thorder of the Common Lawe [Signed] Cuth Burbadge [Entered also, without signature, in Affidavit Register, Requests, Misc. Bks., vol. 121, under above date. See also suit referred to, Allen v. Street, Trinity, 1600, also the next document, the Court’s order for arrest of Allen, and Allen’s statement on the affair in his Star Chamber suit, Allen v. Burbage, 1602, and the ex- amination of Lane, 1602.] ARREST OF ALLEYN FOR CONTEMPT Requests Proceedings, Uncalendared, 372. Vndecimo die Junij Anno Regni Re Elizabethe xlij°/ Quia Egidius Allen contempfit ordinem per Confilium factam in caufa inter Cutbertwm Burbage gencro/um querentem et predic- tum Egidium Allen Deft Gerentem Datum xxxj die Maij vitimo preterito. Jdeo decretwm eft nunc Breve de Attachiamento fieri directum vicecomiti Comitatus Effexie necnon Hugoni Barbon generofo ad Attachiandum corpus dicti Egidii retornabtle Jme- diater &c [Signed] Jul: Ceefar: [Master in Court of Requests] | : } : ; q 7 2./ Item whether was there not an agreament made betweene the The First London Theatre 253 [On lower part of leaf:] vicecomiti Effexie et Hugoni Barbon [For Allen’s account of the execution of this order against him, see his suit of Allen v Burbage, Star Chamber, 1602, infra.] Court of Requests Proceedings, 87/74. Depositions ex parte Allen, 14 August, 1600. [These two depositions were taken in the country by commission. The parchments of interrogatories, commission to examiners, and depositions by Robert Vigerous and Thomas Nevill are attached to the three large skins of pleadings in the suit of Burbage v. Allen, as already noticed. Halliwell-Phillipps found this set of records, as above mentioned. See his Outlines, I, 350.] INTERROGATORIES _Interrogatoryes to be miniftered to the witneffes to be produced on the parte and behalf of Giles Allen gentleman Defend againfte Cuthbert Bur- bage Complainante./ } ./ Inprimis whether doe you knowe the parties Comp"* and Defend' and howe longe haue you knowen them./ Comp" and the Defend! to this effecte: that the Defend fhould make a newe leafe vnto the Comp"® of the howfes and groundes which were formerlye Demifed vnto Jeames Burbage ffather of the Comp" for one and twentye yeares from and after the expi- racion of that former leafe and that the Comp"* fhould paie yeare- lye for the fame the fomme of foure and twentye poundes: And whether was it not likewife agreed betweene them that the Thea- tre there erected fhould Continue for a playinge place by the {pace of fiue yeares onelye, and that then it fhould be Converted to fomme other vie for the benifitt of the Comp" Duringe his terme, and after for the benifitt of the Defendt: And whether did not the Comp"* vppon that agreament promife the Defend‘ to 253 254 Charles William Wallace paie him the fomme of thirtye powndes which was due to the Defend for rent, and to putt the howfes and buildinges in good reparacions; and howe longe is it fithence fuche agreament was made: Deliuer the trueth what you knowe or haue heard herein././ 3./ Item whether was it agreed betweene the Defend‘ and the Comp'® that the Comp"* fhould take a newe leafe of the faid howfes and groundes for the terme of tenn yeares and that the Comp'* fhould giue a hundred powndes for the faid leafe: and foure and twenty powndes rente yearelye: or whether was there any fuche agrea- ment made betweene the Defend‘ and the faid Jeames Burbage Deliuer what you knowe touchinge this Interrogatorye: and at what time any fuche agreament was made, And by what meanes you had knowledge therof././ [In dorso:] Quinto die Junij Anno Regni Regine Elizabethe &c xlij°/ fiant litere dicte Domine Regine directe Roberto Sand- ford Arthuro Breather et Johanni Sammes generofis vel duobus eorum ad examinandum omnes teftes ex parte Virtute Ordinis Defendentis in forma iuris iurandi tam de articulis in- frafcriptis quam per predictum defendentem miniftrandis et ad certificandum eadem in octabis Michaelis prox- imis./ [Signed] Jul. Caefar. [Addressed to:] Thomas Alif ar Arthur Breathes gen COMMISSION TO EXAMINERS By the Quene// Truftie and welbeloued we grete yo" well. And fende vnto yo" hereinclofed certen Articles Interrogatories to be miniftred to the witneffes on the parte and behalf of Giles Allen gentleman de- fendaunt againft Cuthbert Burbage complaynant wherevppon we 254 oe sien ’ , 7 The First London Theatre 255 trultinge in yo" approued wiidomes, learninges and Indifferences will and defire yo" that by Aucthoritie hereof callinge afore yo" in or name all fuche witneffes and proves as by the faid defendant fhalbe nominated vnto yo", ye then do duely fubftancyallie ex- amyn them the faid witneffes (by their othes in due forme of lawe fworne) Not only vppon the contentes of the faid Articles here- inclofed. But alfo vppon all fuche other Articles w™ by the faid defend‘ fhalbe exhibited vnto yo", Endevoringe yerfelves by all meanes poffible to fearche and try out the veritie of the premiffes by yo" faid examinacions. And therevppon duely to certifie vs and or Counfaill by yo" wrytinges vnder yo" feales in or Corte of Whitehall at weftminfter in the vtas of St Michael the Arch- aungell next commynge, Of the verie true depoficions of the faid witneffes likeas yo" fhall fynde by yo" faid examinacions To thintent that we by thadvife of o° faid counfaill may further do therein as the cafe rightfully fhall requier. Not failinge hereof as ye tender or pleafure and thadvauncement of Juftice, Given vnder o” Privie Seale at o" Mannor of Grenewiche the fyveth day of Junie in the xlij yere of oT Reigne// [Signed] Tho: Kerry. [In dorso] The execution of this Commiffion appeareth by a Certaine Schedule herevnto annexed. DEPOSITIONS Ex parte Deft Depositions taken at Kelvedon in the Countye of Effex (before vs Arthur Breather and John Sammes Gentlemen by vertue of a Commiffion to vs and others Directed out of her mates Hon- ourable Courte of Requeftes on the parte and behalf of Giles Allen gentleman Defend' againite Cuthbert Burbage gentleman Comp") the four- teenth daie of Augufte in the twoe and fourtith yeare of the Raigne of our Soueraigne Ladye Elizabeth by the grace of God of England ffrance and Ireland Queene Defend’ of the faith &c 255 256 Charles William Wallace Robert Vigerous of Langham in the Coun- tye of Effex Efq’ aged fourtye feauen yeares or thereaboutes fworne and examined saieth as followeth. vidz*./ 1./ To the firfte Interrogatory this Depont faieth that he knoweth Giles Allen gentleman Defend‘, And Cuthbert Burbage gentleman Comp" and that he hath knowne the faid Defend‘ by the fpace of fixe yeares: and the faid Comp"* by the fpace of foure yeares./ 2./ To the fecond Interrogatory this Depont Cannot Depofe./ 3./ To the third he faith that aboute foure yeares pafte the faid Comp" together with Jeames Burbage his father and the faid Defend were in Communicacion aboute the makinge and takinge of a newe leafe of the houfes and groundes and Theatre men- cioned in this Interrogatory and at the lafte it was concluded and agreed betweene all the faid parties that the Defend' fhould make a newe leafe of the fame to the faid Comp" for the terme of tenn yeares for and vnder the yearelye rente of foure and twentye powndes which (as this Depont remembereth) was an increafe of tenn powndes rente more then was referved in a former leafe heretofore made to the faid Jeames & then expired or neare to be then expired. And that at the enfealinge of the faid newe leafe foe to be had the faid Jeames and Cuthberte the Comp" or one of them fhould paie vnto the Defend* certaine arrerages of rente referved vppon the faid former leafe amountinge to the fomme (as this Depont verelye thinketh) of thirtye powndes: All which this Depont knoweth to be true for that he was of Counfell with the faid parties in the faid Agreament; and by all their mutuall Confentes was appointed and efpeciallye named to drawe penne and wrighte the faid newe leafe accordinge to their faid agream*. And this Examina‘ faieth that he did wrighte a Draughte purportinge a leafe to be made of the premiffes accord- inglye, which beinge donne he deliuered the fame into the handes of the faid Comp"e when he came to this Depont’* Chamber to 256 The First London Theatre 257 Demaunde and fee the fame and paid him his ffees w promiffes of further reward for his paynes aboute the effectinge of the fame newe leafe to be made w® fhould be a Satten Dublett howe- beit he never had it. But whether the Comp"® fhould giue a hun- dred powndes for the fame leafe or whether the faid leafe tooke effecte or what other agrem' paffed betweene the faid Comp"® and Defendt this Depont by reafon of his Difcontinuance from the Temple knoweth not But he faith that he hath feene a Draughte purportinge a leafe to be made of the fame premiffes wherein it is incerted that a hundred powndes fhould be paid by the Comp"* to the Defend', w Draught (as the Defend‘ informeth this De- pon®) was made or caufed to be made by the Comp'® and by him brought and Deliuered to the Defend! at his houfe in the Coun- trye. And this depon’*: beinge afked by the faid Commiffioners yf he knewe vppon what Confideracion the faid hundred powndes was incerted faid that he remembereth not the Confideracion men- cioned in the faid Draughte: But he faieth vppon the firfte Com- municacion had betweene the faid Comp"* and Defend*e and the faid Jeames before this Depon* as is aforefaid, the Defend did demaunde recompence at the handes of the faid Jeames for that the Defend faid the faid Jeames had not beftowed twoe hundred powndes in the buildinge or repairinge of the faid howfes accord- inge to a Covenante mencioned in the faid former leafe nor half foe muche or wordes to the like effecte: but whether the faid hundred powndes was incerted vppon that Confideracion or noe this Depon®® knoweth not: and more to this Interrogatorye he cannott Depofe./ Thomas Nevill of Bricklefea in the Countye of Effex gentleman aged thirtye five yeares or theraboutes fworne and examined faieth as followeth. vidzt./ 1./ To the firite Interrogatorye he faieth that he hath knowne Giles Allen gentleman Defend'® and Cuthbert Burbage gentleman Comp"* by the {pace of five yeares nowe pafte or neare thera- boutes./ 257 ae 3-/ 258 Charles William Wallace To the fecond Interrogatory he faieth that there was an agree- mente had betweene them the faid Comp! and the faid Defend‘ for the howfes and growndes w' the Theatre which were for- merlye Demifed vnto Jeames Burbage the father of the faid Comp"* with an increafing of the rente from fourteene powndes by the yeare vnto foure and twentye poundes by the yeare w™ leafe fhould beginn at the expiracion of the ould leafe made vnto the faid Comp"** father and fhould continue for the {pace of one and twentye yeares: And this Depon‘* further faieth that the faid Defend't was at the firfte verye vnwillinge that the faid Theatre fhould Continue one Daie longer for a playinge place yet neverthe- leffe at the lafte he yealded that it fhould Continue for a playinge place for certaine yeares; and that the faid Defend‘ did agree that the faid Comp" fhould after thofe yeares expired Converte the faid Theatre to his befte benifitt for the refidue of the faid terme then to come; and that afterward it fhould remaine to the onelye vie of the Defendte: And further this Depon' faieth that the faid Jeames Burbage the father did acknowledge the fomme of thirtye powndes mencioned in this Interrogatorye to be Due vnto the faid Defend*t for rente then behinde and vnpaied; And that the Comp'® Cuthberte Burbage did often times fithence promife paiment of the faid fomme of thirtye powndes at the en- fealinge of the newe leafe: And he further faieth that the faid Agreemente was made betweene the faid Comp'® and the De- fend'® nowe twoe yeares fithence or theraboutes at michaelmas terme nowe nexte Comminge. And further to this Interrogatory this Depon’® cannot Depofe./ To the third Interrogatory this Depon‘® cannott Depofe./ {In dorso:] x° die Octobris Anno Regni Regine Elizabethe &c xlij° Juramenta Retourned by Thomas Domiell [The depositions were sealed, and signed by two commissioners across the sealing strips of parchment, now gone, leaving only parts of their names, thus:] Art[hur Brea]ther [John] Sames 258 The First London Theatre 259 Idem. Bdl. 242. Depositions ex parte Allen, 1 October, 1600, on Interrogatories drawn up June 5. INTERROGATORIES Jnterrogatories to be miniftred to the wittneffes to be produced on the parte and behalfe of Giles Allen gentleman Defend‘ againifte Cuthberte Bur- bage Complainante./ ./ Jnprimis whether did Jeames Burbage father of the Comp"® in his life time tender and Deliuer vnto the Defend' a Draught of a newe leafe of certaine howfes and groundes which were for- merlye Demifed by the Defend‘ to the faid Jeames Burbage re- quiringe the Defend‘ to feale the fame: And whether is the Draught nowe fhewed forthe vnto you the fame which the faid Jeames Burbage Deliuered vnto the Defendt: And whether Did not the Defend! refufe to feale the fame and for what Caufe to yo" rememberance Did he foe refufe the fealinge therof?/./ ./ Item whether Doe you knowe or thinke in yo™ Confcience that the faid Jeames Burbage did within the firfte tenn yeares after the leafe made vnto him by the Defend' beftowe the fomme of twoe hundred powndes aboute the alteringe and amendinge of the faid howfes and buildinges Demifed vnto him by the Defendt: or what fomme of money did the faid Jeames Burbage beftowe to that purpofe within that time Deliuer the trueth what you knowe or haue Crediblye heard herein ?/ ./ Item whether Did the faid Jeames Burbage keepe the faid howfes and buildinges in good reparacions: And whether are not the faid howfes and buildinges or fome of them nowe growen in great Decaye: And whether hath not the Comp"? vnderpropped them w' fhores: And whether doe they not foe remaine: And what fomme of money will it cofte to fett the faid howfes and buildinges in good and fufficient reparacions Deliuer what you knowe or thinke in yo" Confciences herein: And by what meanes as you 259 4./ 5./ 6./ 260 Charles William Wallace thinke is it come to paffe that the faid howfes and buildinges are growen foe ruinous ?/ Item whether hath Ellen Burbage the late wife of the faid Jeames Burbage any goodes or Chattles in her handes that were the goodes or Chattells of the faid Jeames Burbage wherby the De- fendt maie haue recompence at her handes for the faid fomme of thirtie powndes and the breache of other Covenantes: And whether is not the faid Ellen accounted a verye poore woman, and not able to fatiffie the Credito™ of the faid Jeames Burbage: And whether did not the Comp"* and his brother or one of them procure the faid Ellen to take adminiftracion of the goodes of the faid Jeames Burbage; the faid Comp" and his brother or one of them hauinge before fecretly gotten the goodes of the faid Jeames Burbage into their handes that therbye they might Deceiue the Credito™ of the faid Jeames Burbage Deliuer what you knowe or haue Crediblye heard herein ?/ Item whether was the Theatre (which was erected vppon parte of the grounde aforefaid built at the alone Chardges of the faid Jeames Burbage: or whether did not one John Braynes Defraie the one half of the Chardges therof vppon agreement betweene the faid Jeames Burbage and the faid John Braines that the faid John Braines fhould be partner w the faid Jeames Burbage in the proffittes thereof: Deliuer what you knowe or haue heard herein ?/./ Item what fommes of money haue the faid Jeames Burbage and the Comp" in their feuerall times gayned by the meanes of the faid Theatre Deliuer the trueth what you knowe or haue Credi- blye heard herein ?/./ Item whether did you heare the Defend‘ at any time Complaine of the bad Dealinge of the faid Jeames Burbage towardes the Defend‘ for the not paiment of his rente, or not repairinge of his howfes: And whether did you heare him foe Complaine before 260 The First London Theatre 261 fuche time as the faid Jeames Burbage did tender a Draught of a newe leafe vnto the Defend* or at the time of the tender therof: And whether haue you not oftentimes heard the Defend* finde faulte w™ the faid Jeames Burbage that he was a bad and trouble- fome tenante Deliuer what you knowe touchinge this Jnter- rogatorye ?/ 8./ Item whether doe you knowe that the faid Jeames Burbage did affigne his interefte and terme (in thofe growndes and buildinges he held of the leafe of the Defend‘) vnto one John Hide: And howe longe agoe to yo’ rememberance was the faid Affignement made: And howe manye yeares of the faid leafe were then to come and vnexpired at the time of the faid Affignement./ [In dorso:] Quinto die Junij Anno Regni Regine Elizabethe &c xlij°./ fiant littere dicte Domine Regine directe Willelmo Aylif vel duobus eorum ad examinandum omnes teftes ex parte defendt Virtute Ordinis tam de articwlis infrafcriptis quam per partem miniftran- dis in forma iuris iurandi et ad certificandum eadem in octabis Michaelis proximis Rog? Wilbraham DEPOSITIONS Depofitiones Captae apud Weftmona/teriwm primo die Octobris A°: Regni D"® Regine Elizabethe nunc &c Quadragefimo Secundo ex parte Egidij Allen generofi deft verfus Cuthbertum Bur- badge generofum qre™./ Robert Myles of the parifhe of Whitechappell in the Countye of Middlefex gentleman of the Age of threefcore and ffoure yeares or there Aboutes fworne and examyned the daye and yeere aboue- faid depofithe and faythe./ I/ To the ffirfte Jnterrogatory this deponent faythe he hath hard the defendant faye that the Complaimantes father did in his lyffe tyme 261 oy 3-/ 262 Charles William Wallace tender vnto him A draught of A newe leafe of Certayne houfes and groundes formerlye demifed by him the faid defendt vnto James Burbadge deceaffed, And that the faid James Burbadge when he tendered the fame drafte did require the defendt to Seale the fame, And that he the defendt did refufe to Seale vnto the fame for that yt was not tendered ynto him at the tyme Agreed vppon, and for that the Countenantes weare not therin fett downe accordinge to there Agreem'./ And more he cannott depofe touchinge the faid Jnterrogatory for that there is no drafte of a leafe nowe lefte to be fhewed vnto him at the tyme of his ex- amynacion./ To the fecond Jnterrogatory this deponent faythe he hath hard yt reported that win the firfte ten yeares after the leafe made vnto James Burbadge by him the faid defendant, he the faid James Burbadge and his partiner or one of them did beftowe vppon the houfes and buyldinges foe demifed by the defendt vnto the plain- tiffes father the fome of twoe hundred poundes or ther aboute viz about the Alteringe and Amendinge of the fame premiffs foe demifed And more he Cannott depofe touchinge the faid Jnter- rogatory To the third Jnterrogatory this deponent faythe that for any thinge he knowethe to the Contrarye the faid James Burbadge and one Braynes his partner did duringe James Burbadge his lyffe tyme keepe the faid houfes and buyldinges in good reparacions But faythe he knowethe not howe the fame houfes and buyldinges are nowe repayred, or haue bene repayred fynce the deceafe of James Burbadge, nor how they are decayed for that he hathe not bene in them aboue twice fynce the deceafe of James Burbadge./- And this deponent faythe that Syxe or Seaven yeares fynce there was A greate longe Barne (parcell of the demifed premiffs) vnderpropped and Shored: but he knoweth not that yt is foe {till for that he hath not feene yt of longe tyme, nor knowethe what fome of money yt will Cofte to fett the fame in good and Suffytient reparacions. And more he Cannott depofe touchinge the faid Jnterrogatory./ 262 ee oe The First London Theatre _ 263 4./ To the ffourthe Jnterrogatory this Deponent faythe he thinkethe that Ellen Burbadge the wyffe of James Burbadge hath not in her handes Suffytient of her faid hufbond James Burbadge his goodes and Chattles whereby the defendant maye haue recom- pence at her handes for the fome of thirtye poundes and breache of other Couenantes. for fhee is accompted but A poore woeman not hable to paye her hufbondes Credito™./ And faythe that the Complainant and his brother or one of them did procure the faid Ellen to take adminiftracion of her faid hufbondes goodes they or one of them havinge before that fecretlie gotten James Bur- badge his goodes into there handes And foe therby the Credito™ are not Satiffied otherwife he thinkethe Amongefte them there was left Suffytiente to Satiffie all James Burbage his Credito™./ And more he cannott depofe 5./ To the v Jnterrogatory this deponent faythe he knowethe that the Theater mencioned in the Jnterrogatory was not only buylte at the Alone Charges of James Burbadge. but one John Braynes. mencioned in the Jnterrogatory did defraye the one halfe of the Charges therof (or more) vppon Agreem' betweene James Bur- badge and him the faid Braynes that he the faid Braynes fhould haue had from Burbadge A leafe of the Theater vnder the lyke Couenantes he the faid Burbadge had his houfes and groundes from the defendant And that he knowethe the fame to be true for that he was partlie acquaynted w™ there Agreem’. And hath the bondes wherin Burbadge was bound to Braynes to performe the Agreem'./ And more he cannott depofe./ 6./ To the vj Jnterrogatory this deponent faythe he verelye think- ethe that James Burbadge and Cuthberte Burbadge in ther feuerall lyfes tymes haue gayned by the Theater aboue A thou- fand markes./ And more he Cannott depofe./ ( 7./ To the vij™ Jnterrogatory this deponent faythe he hath often hard the defendant Complayne of James Burbadge his bad dealinge w' him in not paym! of his rent./ And that the faid Defendt 263 264 Charles William Wallace did not Complayne but fynce the tender of the faid drafte of the newe leafe./ And hath hard the defendt faye that James Bur- badge was A troblefome tenant./ but he hard him not fynd falte w® him nor Complayne of him for non repayringe of his houfes./ And more he Cannot depofe./ 8./ To the viij* Jnterrogatory this deponent faythe he knowethe that the faid James Burbadge did affigne his Jnterefte and terme in the premiffs demifed vnto him vnto one John Hide for a fome of money./ And as he remembrithe yt is about ffyfteene yeres paite fythence the fame affignemt made./ And there weare about fyf- teene yeares to Come and vnexpired in the faid leafe at the tyme of the faid affignem' And more he Cannot depofe./ [Signed] By me Robart Miles Raphe Myles of the parifhe of Whyte Chapple in the Countye of Middlefex gentleman of the Age of thirtye fyve yeres or there aboutes fworne and examyned the daye and yeare abouefaid de- pofithe and faythe 1/ To the ffirfte Jnterrogatory this deponent faythe he hath hard that James Burbadge the Complaimantes father did in his lyffe tyme tender vnto the defendant the drafte of A newe leafe of Certayne houfes and groundes formerlye demifed by the defendant vnto James Burbadge and that James Burbadge required the defendt to Seale the fame newe leafe./ but what anfwere the defendt made the plaintiffes father when he demaunded to feale the fame he knoweth not nor hath hard./ And more he Cannot depofe touchinge the faid Jnterrogatory for that the drafte of the newe leafe mencioned in the Jnterrogatory is not lefte to be fhewed him neyther hath he feene yt at any tyme./ 2./ To the fecond Jnterrogatory this deponent faythe that James Bur- badge beftowed muche money in alteringe mendinge and repayr- inge the premiffs demifed vnto him by the defendt, but howe muche he knowethe not, nor whether he beftowed that Cofte win 264 The First London Theatre 265 the tyme mencioned in the Jnterrogatory. And more he Cannott depole./ 3./ To the third Jnterrogatory this deponent faythe that James Bur- badge in his lyffe tyme kepte the premiffs demifed vnto him in reafonable good reparacions: but he knowethe not in what decaye they nowe are for that he fawe them not of A longe tyme./ nor whether the plaintiff hath vnderpropped them w™ Shores, nor whether they be nowe remayninge vnderpropped./ nor what yt will cofte to fett the howfes in reparacions for that he knowethe not nor hath feene howe they are decayed./ And more he Can- nott depofe touching the faid Jnterrogatory./ Ba. / To the ffourthe Jnterrogatory this deponent faythe he knowethe not that Ellen Burbadge hath any goodes or Chattles in her handes that weare her late hufbond James Burbadge his goodes wherby the defendt maye haue recompence at her handes for the fome of thirtye poundes and the breache of other Couenantes./ And faythe that Ellen Burbadge is accompted A poore woeman not hable to Satiffie her hufbondes Credyto™./ And faythe he knoweth not whether the Complainant and his brother or one of them procured the faid Ellen Burbadge to take adminiftracion of the goodes of James Burbadge they or one of them havinge firfte gotten the faid James Burbage his goodes into there handes thereby to deceave the Credito™ of the faid James./ And more he cannot depofe./ 5./ To the v™ Jnterrogatory this deponent faythe he hath Crediblie hard that the Theater menczoned in the Jnterrogatory was not buylte at the Alone charge of James Burbage./ but that one John Braynes defrayed the halfe of the Charge vppon Agreemt betweene them that Braynes fhould be partner w™ Burbage in the profyttes therof. And that he hath feene A bonde of Bur- bages to Braynes whereby yt playnelie appeareth that Braynes had the moyetye of the profyttes therof in his lyffe tyme and burbage was bound that he fhould enioye the fame./ And more he Cannott depofe./ 265 266 Charles William Wallace 6./ To the vj Jnterrogatory this deponent faythe he thinkethe that James Burbadge and the Complaimant in there feuerall tymes haue gayned by meanes of the faid Theater A thoufand markes and better./ And more he Cannot depofe./ 7./ To the vij* Jnterrogatory this deponent faythe he hath hard the defendt Complayne of James Burbage his badd dealinge towardes him in not paym!t of his rent./ but not for the repayringe of his houfes./ But he rememberithe not whether he Complayned of his badd dealinge before or after the tender of the newe leafe, but thinkethe yt was before the tender and at the fygne of the George in Shoreditche And that then the defendt found falte w James Burbage and faid he was A bad and troblefome fellowe./ And fynce or before he hard not the defendt vie the lyke fpeeches of James Burbadge./ And more he Cannott depofe./ 8./ To the viij Jnterrogatory this deponent faythe he knowethe that James Burbadge did in his lyffe tyme affigne his interefte and terme in the premiffs vnto one John Hyde mencioned in the Jnter- rogatory./ But he rememberythe not howe longe yt is fythence the fayd affignemt was made to Hyde nor howe many yeares of the faid leafe weare then to come and vnexpired at the tyme of the faid Affignement./ And more he Cannott depofe to his remem- berance./ [Signed] per me: Raphe: Miles APPEARANCE OF ALLEN Requests, Misc. Books, vol. 109, fo. 8 (Appearance Book, 42 Elves, tog Jase ly. Nono die Octobris A° xlij4° [1600] Egidius Allen generosus perfonaliter comparet coram concilio Regine virtute brevis de Attachiamento ad fectam Cuthberti Burbage 266 The First London Theatre 267 ALLEN UV, BURBAGE Queen's Bench, Easter, 44 Elizabeth (1602) membrane 257. [The following pleadings incorporate the lease of Gyles Allen to James Burbage, April 13, 1576, here rendered into Latin. This document has not hitherto been printed or quoted from. Its existence was known to Halli- well-Phillipps who, in his Outlines, I, 349, refers to it as containing the same description of the leased premises as is found in the proposed but unexecuted deed of 1585. The latter is incorporated in Street’s Answer in the suit of Allen v. Street, Court of King’s Bench, 1600, printed in preceding pages. | Adhuc De Termino Pafche Te/te J. Popham ‘Miaa ff Memorandum quod alias scilicet Termino sancti Hillarij Anno : | regni domine Elizabethe nunc Regine Anglie quadragefimo tercio coram eadem domina Regina apud Weftmonafterium venerunt Egidius Aleyn armiger & Sara vxor eius per Johannem Tanner attornatum suum Et protulerunt hic in Curia dicte domine Regine tunc ibidem quandam billam suam verfus Cutbertum Bur- bage in Cuftodia Marrefcalci &c de placito Convencionis fracte Et sunt Plegw de prosequendo scilicet Johannes Doo & Ricardus Roo Que quidem billa sequitur in hec verba ff Midd ff Egidius Aleyn armiger & Sara vxor eius queruntur de Cutberto Burbage in Cuftodia Marrefcalci Marefcalcie domine Regine coram ipfa Regina exiftente de placito Convencionis fracte pro eo videlicet quod Cum predicti Egidius & Sara decimo tercio die Aprilis Anno regni domine Elizabethe nunc Regine Anglie decimo octavo per quandam Jndenturam suam factam apud Hallowell in Comitatu predicto predicto decimo tercio die Aprilis Anno decimo octavo supradicto inter prefatos Egidium & Saram per nomen Egidij Aleyn de Hallowell in Comiztatu Middlesexia generofi & Sare vxoris eius ex vna parte & quendam Jacobum Burbage patrem predicti Cutberti per nomen Jacobi Burbage de londonia Joyner ex altera parte/ Cuius quidem Jndenture alteram partem Sigillo ip/ius Jacobi Segillatam gerentem datum predicto decimo tercio die Aprilis Anno decimo octavo supradicto predicti Egidius & 267 268 Charles William Wallace Sara hic in Curia proferunt ex eoruwm vnanimis confenfu & afcenfu pro & in Confideracione sume viginti librarum legalis monete Anglie sibi in manibus ad sigillacionem Jndenture illius per predictum Jacobum Burbage veraciter solute pro & nomine finis vel prefolucionis Anglice income locaverunt & ad firmam tradiderunt prefato Jacobo Burbage ommes illas duas domos vel tenementa cum pertinentiis adtunc exiftentes in separalibus tenuris vel occupacionibus Johanne Harryfon vidue & Johannis Draggon Acetiam totam illam domum vel tenementwm cum perti- nentiis simulcum solo gardini Anglice garden grounde iacente a tergo partis eiufdam adtunc exiftentis in occupacione Willelmi Garnett Gardyner quod quidem Gardinum adtunc extendebat in latitudine A magno muro lapidofo ibidem qui adtunc includebat partem gardini adtunc vel nuper in occupacione prefat: Egidij ad gardinum ibidem adtunc exiftens in occupacione Evini Colefoxe weaver & in longittdine ab eodem domo vel tenemento ad murum Anglice A brickwall ibidem proximum ad agros Communiter vocatos ffynnefburye fyldes/ Acetiam totam illam domum vel tenementum cum pertinentiis vocatam site cognitam per nomen domus molendinarie simulcum solo gardini iacentis A tergo partis eiufdem adtunc exiftentis in tenura vel occupacione predicti Evini Colefoxe vel Affignatorum suorum quod quidem solum gardini adtunc extendebat in longitudine ab eodem domo siue tenemento ad predictum murum tegularium Anglice brickwall proximum ad predictos agros Acetiam ommes illos tres superiores locos cum pertinentiis proxime adiungentes ad predictam domum molendinariam adtunc exiftentes in occupacione Thome Dancafter Showmaker vel affignatorum suorum Acetiam ommes illos in- feriores locos cum pertinentius adtunc iacentes subter illos tres superiores locos acetiam proxime adiungentes ad predictam domum siue tenementum vocatam the Millhowfe adtunc ex- iftentes in separalibus tenuris vel occupacionibus Alicie Daridge vidue & Ricardi Brackenbury vel Affignatorwm suorum simulcum solo gardini iacentis a tergo eiufdem adtunc extendentis in longi- tudine ab eifdem inferioribus locis vique predictum tegularium murum proximum ad predictos agros & adtunc etiam exiftentis 268 The First London Theatre 269 in tenura sive occupacione predicte Alicie Daridge Acetiam tantum terre & soli Anglice soyle iacentis & exiftentis ante ommia tenementa siue domos preconceffa quantum adtunc extendebat in longitudine a exteriore parte predictorum tenementorum adtunc in occupacione predictorum Johanne Harryfon & Johannis Dragon ad stagnum ibidem exiftens proximum horreo siue Stabulo Adtunc in occupacione prenobilis viri Comitis Rutland & in latitudine de predicto tenemento vel domo molendinaria ad medium fontis exiftentis ante eadem tenementa/ Acetiam totum illum magnum horreum cum pertinentis adtunc exiftens in separalibus occupacionibus Hugonis Richardes Jnhoulder & Roberti Stoughton Butcher Acetiam parvam peciam soli adtunc inclufam cum palo & proxime adiungentem ad predictum horreum & adtunc in occupacione dicti Roberti Stoughton similiter simul- cum & omnibus terris & solo iacentibus inter predictos interiores locos poftremo ante expreffos predictum magnum horreum & predictum Stagnum viz extendentem in longitudine a predicto Stagno ad foffatum vltra murum tegularium proximum agris predictis/ Acetiam predictus Egidius Aleyn & Sara vxor eius per Jndenturam predictam dimiferunt concefferunt & ad firmam tradiderunt predicto Jacobo Burbage tota rectum titulum & in- tereffe sua que ip/i prefatt Egidius & Sara adtunc habebant vel habere deberent de in vel ad terram & solum iacentia inter pre- dictum magnum horreum & horreum adtunc in occupacione dicti Comitis Rutland vel affignatorum suorum extendentia in longi- tudine A stagno predicto & A predicto Stabulo vel horreo in occupacione predicti Comitis vel affignatorwm suorum vique ad predictum murum tegularium proximum predictis agris/ Acetiam predicti Egidius & Sara per Jndenturam predictam dimiferunt concefferunt & ad firmam tradiderunt predicto Jacobo omnes suas vacuas terras iacentes & exiftentes inter predictum foffatum et predictum murum tegularium extendentes in longitudine A pre- dicto muro qui adtunc inclufit partem predicti Gardini Adtunc vel nuper in occupacione dicti Egidij Aleyn ad predictum horreum adtunc in occupacione dicti Comitis vel Affignatorwm suorum Acetiam liberum introitum egreffum & regreffum ad & A predictis 269 2 270 Charles William Wallace dimiffis premiffis & qualibet parte eorundem tam bene ad & pro predicto Jacobo Burbage executoribus adminiftratoribus & Af- fignatis suis quam ad & pro omnibus & quibuflibet aliis perfona & perfonis venientibus siue reparientibus ad premiffa antea demiffa sive aliquam partem eorundem per tales vias quales adtunc fuerunt vie & occupate eifdem premiffis in iure predicti Egidij quam etiam per tales pontes & vias quales adtunc fuerwnt vel poftea forent facti per predictum murum tegularium in predictis agris omnibus & quibuflibet tempore & temporibus Convenienti- bus adtunc impofterum durante toto termimo Annorum adtunc in Jndentura predicta conceffo abfque aliquo legittimo obftaculo impedimento perturbacione vel interrupcione dicti Egidij heredum vel Affignatorum suorum sive aliquorum eorum siue alicuius alterius perfone vel perfonarum in eius vel eorwm iure recto sive titulo sive per eius vel eorum medium siue procuramentum/ omnia que quidem premiffa antea preconceffa adtunc fuerunt sci- tuata iacentia & exiftentia in & prope Hallowell predictam (exceptis & refervatis dictis Egidio Aleyn & Sare vxori eius & heredibus & Affignatis suis & talibus alvis perfone & perfonis que adtunc inhabitabant inhabitarent vel remanerent in Capitali Mef- fuagio siue Tenemento ibidem vel in aliqua parte eiufdem adtunc vel nuper in occupacione predicti Egidij & ad & pro tenentibus dicti Egidij qui adtunc habitabant vel impofterum inhabitarent in Hallowell predicta liberam libertatem portandi & hauriend: aquam ad predictum pontem de tempore in tempus durante predicto termino Jta quod illi reciperent comoditatem dicti fontis de tempore in*tempus inter eos equaliter super legittimam requifi- cionem portare & soluere dicto Jacobo Burbage executoribus vel Affignatis sius medietatem ommium taliwm onerum qualia ex- penderentur Anglice layd out in & circa neceffariam repara- cionem & emendacionem dicti fontis de tempore in tempus quoties opus requireret durante Termino predicto Acetiam libera ingref- fum & regreffum ad & pro dictis Egidio & Sara vxore eius & heredibus Affignatis executoribus & servientibus sius & ad & pro reuerendo in Xrifto patre Johanni Scorye adtune Epi/copo here- fordie Elizabetha vxore eius & servientibus & affignatis suis de 270 The First London Theatre ee S| & a predicto magno gardino adtunc vel nuper pertinente dicto Egidio in predictos agros per pontem & viam adtunc ibidem viitata et occupata omnibus legittimis tempore & temporibus durante Termino Annorum in Jndentura predicta pofterius con- ceffo habenda & tenenda ommia predicta domos sive tenementa horreum gardinum terram & ommia alia premiffa preconcefia (exceptis preexceptis) dicto Jacobo Burbage executoribus & Affignatis suis A fefto Anmunciacionis beate Marie adtunc vltimo preterito ante datum Jndenture predicte vique plenum finem & terminum viginti & vnius Annorum extunc proxime & imediate sequentem & plenarie complendum & finiendwm reddendo & soluendo proinde annuatim durante termino predicto dictis Egidio Aleyn & Sare vxori eius vel vni eorum & heredibus & Affignatis predictorum Egidij & Sare quatuor decim libras legalis monete Anglie ad quatuor fefta siue Terminos in Anno viz ad fefta Nativitatis sancti Johannis Baptif/te sancti Michaelis Arch- angeli Nativitatts domini & Anunciacionis beate Marie vel infra spacium viginti & octo dierum proximum polit quodlibet eorundem feftorwm per equales porciones/ Et predictus Jacobus Burbage pro seipfo executoribus adminiftratoribus & Affignatis suis con- venit & conceffit ad & Cum predictis Egidio Aleyn & Sara heredibus & Affignatis suis & eorum quolibet per Jndenturam predictam inter alia quod ipfe predictus Jacobus Burbage execu- tores adminiftratores vel Affignati sui ad eius vel eorum propria Cuftagia & onera predicta domos siue tenementa horreum gardina & omnia alia premiffa preconceffa & ommes domos Anglice the privyes predictis premiffis siue alicui parti eoruwndem pertinentes adtune factos vel impofterum faciendos in omnibus neceffarijs reparacionibus bene & sufficienter repararent manutenerent fuf- tinerent facerent efcurarent mundarent & emendarent de tempore in tempus quando & quoties neceffe requirerent Et eadem tam bene & sufficienter reparata mundata efcurata & emendata in fine eiufdem terminj viginti & vnivs Annoruwm relinquerent & sur- fumreddirent eifdem Egidio & Sare & heredibus & Affignatis eiufdem Egidij prout per Jndenturam predictam inter alia plenius liquet & apparet/ virtute Cuiwsquidem dimiffionis predictus a7 272 Charles Wiliam Wallace Jacobus in tenementa predicta sibi vt prefertur dimiffa intrauit Et fuit inde poffeffionatus predictoque Jacobo sic inde poffef- fionato exiftente idem Jacobus poftea scilicet decimo septimo die Septembris Anno regni dicte domine Regine nunc vicefimo primo Apud Hallowell predictam Affignauit tota interefie & terminum Annorum sua que ipfe adtunc habuit ventura de & in tenementis predictis sibi vt prefertur dimiffa cum pertinentiis cuidam Johanni Hide Civi & grocero londonie/ virtute Cuius predictus Johannes Hyde in predicta tenementa prefato Jacobo vt prefertur dimiffa cum pertinentis intravit & fuit inde poffeffionatus predictogue Johanne Hide sic inde poffeffionato exiftente idem Johannes Hyde poitea scilicet septimo die Junij Anno regni dicte domine Regine nunc Tricefimo primo Apud Hallowell predictam affignauit tota intereffe & terminum Annorum sua que ipfe adtunc habuit ventura de & in tenementis predictis prefato Jacobo vt prefertur dimiffis cum pertinentus prefato Cutberto Burbage virtute Cuius pre- dictus Cutbertus in predicta tenementa illa cum pertinentiis in- trauit & fuit inde poffeffionatus Et predicti Egidius & Sara viterius dicunt quod licet ipfi ijdem Egidius & Sara omnes & singulas Convenciones Conceffiones Articula & agreamenta in Jndentura predicta mencionatas ex partibus ipforum Egidij & Sare & eorum vteriufque in & per Jndenturam predictam per- formandas obfervandas cuftodiendas & perimplendas A tempore confeccionis Jndenture predicte vique finem & terminum pre- dictorum viginti & vnius Annorum in Jndentura predicta superius mencionatos bene & veraciter performaverunt obfervaverunt cuf- todiverunt & perimpleverunt secundum formam & effectum Jn- denture illius/ proteftando quod predictus Jacobus Burbage du- rante tempore quo idem Jacobus tenementa predicta sibi vt pre- fertur dimiffa virtute dimiffionis predicte sibi vt prefertur facte habuit & tenuit & quod predictus Johannes Hide durante toto termino quo idem Johannes Hyde fuit poffeffionatus de & in tenementis predictis cum pertinentiis virtute Affignacionis pre- dicte sibi per eundem Jacobum vt prefertur facte non tenuerunt cuftodiverunt & performaverunt aliquas Convenciones concef- fiones Articula & agreamenta in Jndentura predicta superius men- 272 or ate ote —_— The First London Theatre 27-3 cionatas & ex parte ipfius Jacobi dum ip/fe poffeffionatus fuit de & in tenementis predictis virtute dimiffionis predicte & ex parte ipfius Johannis Hide poft affignacionem predictam sibi per pre- dictum Jacobum vt prefertur factam & in & per Jndenturam predictam per ipfos in forma predicta obfervandas performandas & Cuftodiendas secundum formam & effectum Jndenture illius/ Et proteftando quod predictus Cutbertus poft affignacionem pre- dictam sibi per predictum Johannem Hyde vt prefertur factam durante toto termino quo idem Cutbertus poffeffionatus fuit de & in tenementis predictis sibi vt prefertur affignatis non tenuit & Cuftodivit aliquas Convenciones conceffiones et agreamenta in predicta Jndentura inter eofdem Egidium & Saram & predictum Jacobum vt prefertur facta mencionatas & ex parte ipfius Cut- berti dum ipfe poffeffionatus fuit de & in tenementis predictis polt affignacionem predictam sibi per predictum Johannem Hyde vt prefertur factam & per ipfum Cutbertum in & per Jndenturam predictam in forma predicta obferuandas performandas & Cufto- diendas secundum formam & effectum Jndenture illius ijdem Fgidius & Sara in facto dicunt quod eodem Cutberto de tene- mentis predictis prefato Jacobo vt prefertur dimiffis poffeffionato exiltente poit affignacionem predictam prefato Cutberto per pre- dictum Johannem Hyde vt prefertur factam & ante expiracionem predictorum viginti & vnius Annorwm scilicet primo die Octobris Anno regni dicte domine Regine tricefimo sexto predictum mag- num horreum & omnia predicta domus & edificia in Jndentura predicta superius mencionata & prefato Jacobo per predictum Egidium & Saram vt prefertur dimiffa fuerunt magnopere ruinofa & in decafu tam in defectu sufficientis coaperture & tegulacionis Anglice tyling quam plauftracionis Anglice dawbing Et predic- tum horreum & omnia predicta domus & edificia sic ruinofa & in decafu in defectu sufficientis reparacionis & emendacionis eorun- dem ita remanferunt & Continuaverunt ruinofa & in decafu A predicto primo die Octobris Anno Tricefimo sexto supradicto vique finem & terminum predictorum viginti & vnius Annorum per quod groffum Maherremium horrei domorum & edificiorum predictorum racione pluvie & tempeftatum super eadem deca- 273 274 Charles William Wallace dentium totaliter putridwm & vaftatwmn devenit Et sic ijdem Egidius & Sara dicunt quod predictus Cutbertus Convencionem predictam inter ipfos Egidium & Saram & predictwm Jacobum pro se & Affignatis suis per Jndenturam predictam vt prefertur factam poft affignacionem predictam prefato Cutberto per pre- fatwm Johannem Hyde vt prefertur in eo quod predictus Jacobus Burbage executores adminiftratores vel Affignati sui ad eius vel eorum propria Cuftagia & onera dicta domos vel tenementa hor- reum Gardiva ac ommia alia premiffa preconceffa Ac ommes domos Anglice Privyes eifdem premiffis siue eorundem alique parti spectantes adtunc factos vel impofterum faciendos in omni- bus neceffarijs reparacionibus bene & sufficienter reparent manu- tenerent facerent efcurarent mundarent & emendarent de tempore in tempus quando & quoties neceffe requireret Et eadem tam bene & fufficienter reparata efcurata mundata & emendata in fine eiufdem terminj viginti & vnius Annorum relinquerent & surfur- reddirent eifdem Egidio & Sare & heredibus & Affignatis ipfius Egidij secundum formam & effectum Jndenture predicte licet sepius requifitus non tenuit sed penitws infregit Et illam ei tenere secundum formam & effectum Jndenture predicte penitus recufa- vit Et adhuc recufat ad dampnum ipforum Egidij & Sare ducen- tarum librarum Et inde producunt sectam &c./ Et modo ad hunc diem scilicet diem Mercurij proximum poft xviij Pafche ifto eodem Termino vique quem diem predictus Cutbertus Burbage habuit licenciam ad billam predictam interloquendum Et tune ad refpondendum &c Coram domina Regina apud Weit- monafterium venerunt tam predicti Egidius & Sara per Attorna- tum suum predictum quam predictus Cutbertus per Thomam Petre Attornatum suum Et idem Cutbertus defendit vim & in- iuriam quando &c Et dicit quod predictus Egidius Aleyn & Sara accionem suam predictam inde verfus eum habere seu manutenere non debent Quia dicit quod horreum domus & edificia predicta in Jndentura predicta superius specificata prefato Jacobo Burbage per predictum Egidium & Saram (vt prefertur dimiffa a tem- pore Confeccionis dimiffionis illius vique expiraccionem pre- 274 el a i he — a The First London Theatre 275 dicti Terminj viginti & vnius Annorum fuerunt bene & suffi- cienter reparata & manutenta in omnibus neceffarijs reparacioni- bus de tempore in tempus durante Termino illo quando & quoties neceffe fuit Ac sic bene & sufficienter reparata & manutenta in fine eiufdem Terminj viginti & vnius Annorwm relicta & surfur- reddita fuerunt eifdem Egidio & Sare iuxta formam & effectum Jndenture illius/ Abfque hoc quod horreum domus & edificia pre- dicta in Jndentura predicta superius mencionata fuerunt ruinofa & in decafu modo & forma provt predicti Egidius & Sara superius narrando allegaverunt Et hoc paratus eft verificare vnde petit Judicium si predicti Egidius & Sara accionem suam predictam inde verfus eum habere seu manutenere debeant &c./ Et predicti Egidius Aleyn & Sara dicunt quod ip/i per aliqua per predictum Cutbertum Burbage superius placitando allegata ab accione sua predicta verfus ipfum Cutbertwm habenda precludi non debent Quia vt prius dicunt quod horreum domos & edificia predicta in Jndentura predicta superius mencionata fuerunt rui- nofa & in decafu modo & forma provt predicts Egidius & Sara superius narrando allegaverunt Et hoc petunt quod inquiratur per patriam Et predictus Cutbertus Burbage similiter & Jdeo veniat inde Jurata coram domina Regina Apud Weitmonafterium die proximo poit Et qui nec &c ad recogn &c Quia tam &c Jdem dies datus eft partibus predictis ibidem &c [No judgment entered. This suit was begun in Hilary (Jan —Feb.) 1601, and was here entered for trial in Easter, 1602. It was probably stopped before coming to trial. Meanwhile, in November, 1601, Allen had brought suit, on the same general matter of the Theatre, in Star Chamber, and prosecuted it at the same time, until the summer of 1602, when that case as well as this apparently failed. The Star Chamber pro- ceedings here follow. ] ALLEN JV. BURBAGE Star Chamber Proceedings, 44 Elizabeth (1601-2), A. 12/35. [Allen’s suit in King’s Bench against Street, 1599-1600, had been stopped by order of the Court of Requests, first by injunction, 10 April 1600, and “finally by decree of Oct. 18, 1600, and thus failed. Then he lost the suit 275 276 Charles William Wallace brought in Requests by Burbage for relief against him in 1600, and the Court forbade Allen ever again to bring suit in any Court for the tearing down of the Theatre. This decree fell on Oct. 18, 1600, as recited in the Answer of the Burbages in the present suit. Then almost immediately, in the next term, Hilary, 1601, Allen sued Burbage in the King’s Bench on the same matter under the subterfuge of breach of contract. This, too, could not but fail. Still determined on his course of annoyance and possible ruin to the new Globe theatre and the Burbage-Shakespeare com- pany there, Allen next brought the following suit in Star Chamber, in November, 1601, still on the same matter, but under the shifted charges of riot, perjury, &c. This continued nearly to the close of 1602. That it likewise failed, finally ending Allen’s litigation, is sufficiently indicated by Sir Francis Bacon’s opinion upon it, quoted in the Demurrer of Hudson and Osborne, 12 June, 1602. The final decree is lost. This suit was found by Halliwell-Phillipps, who quoted extracts from it in his Outlines, I, 360-61, 372. In a long uninformed article in the Athenaeum, Oct. 16, 1909, Mrs. Stopes, after using Halliwell-Phillinps, declared that he had not seen the pleadings in this suit, and claimed them as her “discovery”—only one of several claims by her to discoveries known to scholars. ] BILL [Date, in dorso:] Lune vicefino Tercio Novembris Anno xliiijt® Elizabethe Regine William Mill To the Queenes moft excellent Ma‘®: ./ In moft humble wyfe complayninge fheweth vnto your moft .Ex- cellent Mat®: your highnes obedient and faythfull Subiect Gyles Allein of Hafeleigh in your highnes Countye of Effex gentleman That wheras your fayd fubiect together w Sara his wyfe did heretofore by their Indenture bearinge date the thirteenth daye of Aprill in the eighteenth yeere of your highnes Raigne demife vnto one James Burbage late of London Joyner certen howfeing and voyde Groundes lyeing and being in Hollywell in the Countye of Middlesex for the Terme of one and twentye yeeres then next following for the yeerelye Rente of foureteene powndes, wherin 276 aS tn oe ew RS The First London Theatre D7 it was covenanted on the parte of your fayd fubiect and the fayd Sara to make a newe Leafe of the premiffes to the fayde James Burbage or his affignes att any tyme win the firfte Tenne yeers vppon his or their Requeft for the terme of one and twenty yeeres from the making hereof. And it was by the fame Indenture cove- naunted on the parte of the fayd James Burbage That he or his affignes fhould win the fayd firft Tenne yeeres beftowe the fomme of two hundred powndes in alteringe and amendinge of the buyld- © ings there (The value of the olde ftuffe therof to be accompted parcell) In Confideracion of w™fomme of two hundred powndes foe to be beftowed It was covenanted on the parte of your Sub- iect that it fhould be lawfull for the fayd James Burbage and his Affignes att anie tyme win the firft one and twentye yeeres graunted, or win the one and twentye yeeres by vertue of the Covenante aforefayd to be graunted to take downe fuch Buylding as fhould win the fayd Tenne yeeres be erected on the fayd voyde growndes for a Theater or playinge place, And after- wardes the fayd James Burbage did w‘"in the fayde Tenne yeeres (A Theater being then there erected att the Coftes and Charges of one Braynes and not of the fayd James Burbage to the value of one Thowfand Markes) tender vnto yo® fubiect a Draught of a newe leafe of the premiffes requiring yo" Subiecte to feale the fame w yo’ fubiect refufed to doe, by reafon that the fayd Draught foe tendred varyed much from the Covenantes in the former leafe, And alfo for that the fayd James Burbage had before that tyme affigned all his Intereft and terme in the fayd premiffes vnto one John Hide and had alfo bene a verye badd and troblefome tenante vnto your fayd Subiect. So that yo™ Subiect was in noe wyfe bounde either in lawe or confcience to feale the fame, And after- wardes the fayd Hide conveyed all his Intereft and terme in the premiffes vnto one Cuthbert Burbage the fonne of the fayd James Burbage, whoe being defirous {till to make gayne of the fayd Theater fuffered the fame there to contynue till the expiracion of the fayd Terme, Wherby the right and Intereft of the fayd Thea- ter was both in lawe and Confcience abfolutely vefted in your fayd Subiect, Whervppon your Subiect feeing the greate and greevous 277 278 Charles William Wallace abufes that grewe by the fayd Theater intended to pull downe the fame, and to convert the wood and timber therof to fome better vie for the benefitt of your Subiect w your Subiect had iuft Caufe to doe, the rather for that yo" Subiect had noe other meanes to be releived for thirtye powndes Arrerages of Rentes w™ the fayd James Burbage in his lyefe tyme did owe vnto your Subiect for the premiffes, and for the breach of divers Covenantes in not repayring the howfes and otherwife for that the fayd James Bur- bage had in his lyefe tyme made A deede of guift of all his goodes to the fayd Cuthbert Burbage and Richard Burbage his fonnes, whoe after the death of the fayd James Burbage procured Ellen Burbage his widdowe being a verye poore woman to take the Adminiftracion vppon her w™ was done to defraude your Subiect and other Creditors of the fayd James Burbage. But fo it is yf it maye pleafe your excellent Mat: that the fayd Cuthbert Bur- bage having intelligence of your Subiectes purpofe herein, and vnlawfullye combyninge and confederating himfelfe w™ the fayd Richard Burbage and one Peeter Streat, William Smyth and di- vers other perfons to the number of twelve to your Subiect vn- knowne did aboute the eight and twentyth daye of December in the one and fortyth yeere of your highnes Raygne, and fythence your highnes laft and generall pardon by the Confederacye afore- fayd ryotouflye affemble themfelves together and then and there armed themfelves w divers and manye vnlawfull and offenfive weapons, as namelye, fwordes daggers billes axes and fuch like And foe armed did then repayre vnto the fayd Theater And then and there armed as aforefayd in verye ryotous outragious and forcyble manner and contrarye to the lawes of your highnes Realme attempted to pull downe the fayd Theater whervppon divers of your Subiectes fervauntes and farmers then goinge aboute in peacable manner to procure them to defift from that their vnlawfull enterpryfe, They the fayd ryotous perfons afore- fayd notw{tanding procured then therein w™ greate vyolence not ~ onlye then and there forcyblye and ryotouflye refifting your fub- iectes fervauntes and farmers but allfo then and there pulling breaking and throwing downe the fayd Theater in verye out- 278 es re Ke The First London Theatre 279 ragious violent and riotous fort to the great difturbance and ter- refyeing not onlye of yo" fubiectes fayd fervauntes and farmers but of divers others of your mati* loving fubiectes there neere inhabitinge. And having fo done did then alfo in moft forcibie and ryotous manner take and carrye awaye from thence all the wood and timber therof vnto the Banckfide in the parifhe of St Marye Overyes and there erected a newe playe howfe w" the fayd Timber and wood, Whervppon your Subiecte in Hillarye Terme following did commence an Accion of Trefpas agaynift the fayd Peeter Streate in your highnes Courte at Weftmin/ter commonlye called the kinges Benche for the fayde wrongfull entringe into your fubiectes groundes and pullinge downe and taking awaye of the fayd Theater, Howbeit the fayd Cuthbert Burbage maliciouflye intending to vexe and moleft yo" fubiecte in Eafter Terme follow- inge exhibited a Bill vnto yo" highnes agaynift yo" fubiect in yo™ highnes Courte of Requeftes pretending matter of Equitye for the ftaye of yo" fubiectes fayd fute att the Common lawe wher- vnto your fubiecte appeared and made Aunfwere, And after- wardes in Trinytye terme in the xlij™ yeare of yo" highnes raigne an order was conceived and then publifhed and pronounced by yo™ highnes Councell of the fayd Courte by the Confent of yo" fubiecte that yo" fubiectes fayd fute att the Common Lawe fhould ftaye till the caufe in Equitye were heard in the fayd Courte of Re- queites which was appoynted to be in Michellmas Terme follow- ing yett foe that the Demurrer w*" was formerlye ioyned in the fayd fute betweene yo" fubiecte and the fayd Peeter Streate might be made vpp w™ was expreilye graunted and allowed by the fayd order vppon the fpeciall mocion and defire of yo" fubiectes Coun- cell, whervppon yo" fubiecte gave order to his Attorney to caufe the Demurrer to be made vppe accordinglye./ But maye it pleafe your excellent Mat the fayd Cuthbert Burbage myndinge further to intrappe yo" fubiecte and to circumvent him to his great Daun- ger as the fequell fheweth did verye malycouflye and fraudu- lentlye after the fayd Order pronounced as aforefayd combyne and practife w'* one John Maddoxe then his Attorney in that fute w'" one Richard Lane the Regifter of the fayd Courte and by con- 279 280 Charles William Wallace federacye as aforefayd procured the fayd John Maddox to drawe an order (w appertayned not to him to doe but vnto the Regyfter of the fayd Courte of Requeftes and likewyfe procured the fame to be entred and fett downe directly contrarye to that w™ was delivered and pronounced as aforefayd by yo" highnes Counfell of the fayd Courte, namelye that yo" fubiect fhould not proceed to the making vpp of the Demurrer aforefayd. Therein verye high- lye abufing your highnes fayd honorable Courte and greatlye iniuringe yo" fubiecte, Howbeit yo" fubiect having formerlye given Order to his Attorney for the making vpp of the Demurrer nothing doubtinge but that fafelye he might fo doe being altogether ignorant of the fraudulent and finifter practife and confederacye aforefayd, And yo" fubiectes Attorney havinge made vpp the fayd Demurrer yo" fubiect made repayre home into the Countrye thinking all matters fhould reft in peace till the tyme appoynted for the hearing of the fayd Caufe. But the fayd Cuthbert Bur- bage purfuing his former wicked and vngodlye purpofe and feek- ing to plunge yo" fubiecte in very greivous and inevitable mif- cheifs did the laft daye of the fayd Trynitye Terme by the practife and confederacye of the fayd John Maddoxe make oath in your highnes fayd Courte of Requeftes that yo" fubiecte had broken the order of that Courte by making vpp of the Demurrer aforefayd, Whervppon your fubiect for that fuppofed Contempt was in the vacacion tyme then next followinge by the procuremt of the fayd Cuthbert Burbage and by the confederacye aforefayd fetched vpp to London by a Purfevant to his great vexacion and troble (beinge a man verye aged and vnfitt to travell) and to his exceffive charges in his Journey and otherwife to his great difcreditt and difgrace in the Countrye, And yo™ fubiect then by the fayd Pur- fevant brought before one of the m* of your highnes fayd Courte did (by the fayd mafters order then made) become bounde vnto the fayd Cuthbert Burbage in a bonde of two hundred powndes to appeare in the fayd Court of Requeftes in the begining of the Terme of St Michell then next following to aunfwere the fayd fup- pofed contempt and to ftand tothe Order of the fayd Courte vppon the hearinge of the Caufe. And afterwardes yo" fayd fubiect at 280 ee —_— The First London Theatre 281 the fayd Terme appeared in the fayd Court accordingly, And the matter aforefayd being opened to yo" highnes Counfell there your {ubiect was thervppon by order of that Courte difcharged of the fupposed Contempt And afterwardes in the fayd Terme of St Michaell at the day appoynted for the hearing of the fayd Caufe yo" {ubiect appearing in yo" highnes fayd Courte and having divers wit- neffes there prefente to teftifie viva voce on the behaulfe of yo" fubiecte, The fayd Cuthbert Burbage and the fayd Richard Burbage {till perfifting in their vnlawfull and malicious Courfes agaynft yo" {ubiect did by the Confederacye aforefayd then and there very fhamefully and vnlawfullye revile w™ manye reproachfull termes yo’ fubiectes fayd witneffes and affirmed that they had formerly teftified in the fayd Caufe divers vntruthes, and threatned to {tabb fome of your fubiectes fayd witneffes becaufe they had teftified of the fraudulent deede of Guift made by James Bur- bage to the fayd Cuthbert Burbage and Richard Burbage as afore- fayd, By w™ their furyous and vnlawfull threates your fubiectes witneffes were then foe terrefyed that they durift not teftifie the truth on the behalfe of your fubiecte in the fayd Caufe. And further fo it is yf it maye pleafe yo" excellent Ma'te That the fayd Cuthbert Burbage did verye maliciouflye and corruptlye and contrarye to the Lawes and ftatutes of your highnes Realme fuborne and procure one Richard Hudfon of the parifhe of St Albons in London Carpenter and Thomas Ofborne of the parifhe of ffanchurche in London Carpenter to commit verye greivous and wilfull periurye in the fayd fute in yo" highnes Court of Re- queites in diuers materyall poyntes concerninge the fayd fute The fayd Richard Hudfon teftifieing and depofing in the fayd fute on the behalfe of the fayd Cuthbert Burbage That he was prefent at a veiwe and eftimate made of the Coftes beftowed by the afore- fayd James Burbage in his lyefe tyme vppon the howfes and Tenem*®s demifed vnto him by your fubiect w veiwe was taken the eighteenth daye of Julye in the yeere of our Lord god one thowiand five hundred eightye fixe by himfelfe and others And that then it did appeare vnto them That before that tyme The fayd James Burbage had beftowed vppon the fayd Howfes and 281 282 Charles William Wallace ~ Tenem'®s the fomme of two hundred and fortye poundes. And the fayd Thomas Ofborne in like manner teftyfieing and depofing in the fayd fute on the behalfe of the fayd Cuthbert Burbage - That he likewife was prefent at the fame veiwe and that it did then appeare that win foure or five yeeres before that veiwe taken there had bene beftowed vppon the fayd howfes and Tene- mentes by the fayd James Burbage the fomme of two hundred and fortye powndes. Wheras in truth the fayd Richard Hudfon was not prefent at any veiwe taken in the yeere aforefayd, but onlye at veiwe taken in the three and thirtyth yeere of yo™ highnes Raigne as by the Depoficion of the fayd Richard Hudfon himfelfe heretofore made in your hignes Court of Chauncery and there remayning of record it doth evidentlye appeare neither had the fayd James Burbage at the tyme of the fayd veiwe fuppofed to be made the eighteenth daye of Julye in the fayd yeere of our Lord God 1586 beftowed anye thinge neere the fomme of two hundred and fortye powndes wherof your Subiect hopeth he fhall be able to make verye fufficient proofe. By which vnlawfull practifes of the fayd Cuthbert Burbage your Subiect did then lofe his fayd Caufe. And further fo it is maye it pleafe your excellent maieftye, That afwell the fayd fute betweene your Subiect and the fayd Streate As alfo the fayd fute betweene your fubiect and the fayd Cuthbert Burbage were profecuted agaynit your fubiecte by the malicioufe procurement and the vnlawfull mayntenance of the aforefayd William Smyth (he t[he fayd] William vnlaw- fullye [bringing]e the fayd futes for th[e fayd] Cuthbert Bur- bage a[nd th]en vnlawfullye expen[din]g and layeing out divers fommes of money in the fame for and in the behalfe of the fayde Cuthbert Burbage [contrarye] to the Lawes and [{ftatutes] of this yo" highnes R[ealme an]d to the greate [preiud]ice of your fubiecte In Confideracion wherof and for that the Ryott routes forcible Entries confederacies abufe of Juftice maynten[ance and] other the mifdem[eanors a]forefayd are contrar[ye to y]lour highnes lawes [{ftatutes] and ordinances [made] and eftablifhed for [the] quiet and happye governement of this your hignes Realme and are not onlye ve[rye grei|vous vnto your fay[d 282 The First London Theatre 283 fubiec|t but alfo verye de[leteriJous in example to [others] yf -fuch and fo fow[le m]ifdemeanors fhould [efc]ape their due and condigne punifhment Maye it therefore pleafe your excellen[t Mat'*] the premiffes confide[red to g]raunt vnto your fu[biecte] your highnes moft [graci]ous writtes of Su[bpoen]a to be directed v[nto] the fayd Cuthbert Burbage, Richard Burbage, Peeter Streate William Smyth, [Richar|]d Lane Richard H[udfon] and Thomas Ofbo[rne c]ommaunding them and [everye] of them therbye [on a] certen daye and v[nder] a certen payne therein to be lymitted perfonallye to be and appeare before yo[ur high- nes] moft honorable p[rivie] Counfell in your high[nes mofit] honorable Court [of Sta]rr-chamber to an[fwer]Je the mifde- mean[ors a|forefayd. And yo[ur] fayd fubiect fhall according to his bounden dutye daylye praye t[o Almig|htye god for your ro[yall] maiefties long lyfe [and pro|{perous Raigne./ J. Jeffreys [attorney] [During the years when the parchment of the above bill was rolled up, mice or rats gnawed through one side of the roll, making several holes an inch or more in diameter, when it is flattened out. Words and letters supplied in brackets, from the context, show where these defects occur.] ANSWER OF THE BURBAGES AND OTHERS Mercurti 28 Aprilis Anno 44° Elizabethe Regine William Mill The ioynt and feuerall Demurrers, and Pleas of Cuthbert Burbage, Richard Burbage Peeter Streete and William Smyth fyve [sic] of the Defend*®s to y® bill of compl of Giles Allen gent Compl The faid Defend'*s by proteftacion not acknowledginge nor con- feffinge any of the matters in the faid Bill conteyned to be true fayen. That the faid Bill of Compl' exhibited again{ft them and others into this moft honorable Courte is verie vncerteine and infufficient in the Lawe to be aunfweared vnto for diuers and 283 284 Charles Wiliam Wallace {undrie faultes, and manifeft ymperfections therein appearinge {uch as by the Lawes of this Realme and orders of this honorable Courte they theis Defend‘’* are not tied to make any aunfweare vnto. And namelie whereas the faid Complaynt doth charge theis Defends in his faid Bill for a Riott by them committed in pull- inge downe of the faide Playe houfe called the Theater, and for takinge and carryinge awaye thence the woodde and Tymber thereon which Playe houfe was builded and erected vppon cer- teine groundes thentofore Demyfed vnto him the faide James Burbage in the faide bill of Complaint named by the Compl* and his wife’ by theire Indenture of Leafe vnder theire hands and feales for the terme of diuers yeares then to come) The faid Complt havinge for that caufe in Hillarie terme next followinge the faid fuppofed Riott commenced an Accion of trefpaffe againit Peeter Streete, and the faid Cuthbert Burbage being two of the nowe Defend‘* in her Mates, Courte called the Kinges Benche at weitminiter. And the faid Defend‘ Cuthbert Burbage being Affignee of the premiffes, and being well able in good confcience and equitie to iuftifie the pullinge downe, viinge and Difpofinge of the woodde and tymber of the faide Playe houfe, although in {trictnes of lawe, by reafon of the Compl'¢*? owne wronge and breache of Covenaunte, he had noe fufficient matter to alleadge in barre of the faid accion, this Defendt Cuthbert Burbage did for his releife and ftaye of the vniuft proceedinges of the faid Com- playn' in the faid accion exhibite his Bill of Complt vnto yo™ Mat before yo™ Highnes Councell in your honorable Courte of white- hall againft the faide Compl*. Vnto which bill the nowe Compl appeared and aunfweared and this Defendt Cuthbert replied, and diuers witneffes were examined on both fides, publicacion graunted, and feuerall daies appointed for the hearinge thereof And vppon the open hearinge and full and deliberate debatinge of the faid caufe, it plainlie appeared vnto yo™ Mates faid Coun- cell that the faid James Burbage had well and truelie for his parte perfourmed and kepte all and fingwler the Covenauntes conteyned in the faid Indenture, and that the nowe Complaynt in refulinge to feale A newe Leafe of the premiffes tendred vnto. 284 The First London Theatre 285 him by the faid James Burbage accordinge to A covenant in the faid Indenture of Leafe on his the nowe Compl'®* parte to be perfourmed contrarie to his owne agreement through his-owne wronge and breach of covenaunt in not fealinge the faid newe Leafe vnto the faid James Burbage) fought to hinder him this Defend' Cuthbert havinge the intereft of the premiffes) to take the benefitte of the faid agreement in the faid Indenture expreffed in takinge awaye the faid playehoufe beinge made and erected by the faid James Burbage at his chardge accordinge to the faid cove- naunte. Therefore it feemed vnto yo™. Ma.**s faid Councell that there was good caufe in equitie to ftaie the nowe Compl' pro- ceedinges in the faid Accion at the Common Lawe. And there- vppon it appearinge to your Highnes faid Councell the faid De- fend' Cuthbert for diuers reafons had iuft caufe to be releiued in the premiffes It was by yo" Highnes faid Councell the 18% daye of October in the two and fortithe yeare of yo™ maties raigne ordered, adiudged and decreed that the nowe Compl* his Counfello™s, Attourneyes, and Sollicitors fhould from thence fourth furceafe and ftaye and noe further profecute or proceede at the Common lawe in the faid accion of trefpaffe foe commenced again{t the faid Peeter Streete for that caufe. And that the faid nowe Compl‘ nor any for him, or by his confent, or procurem* fhoulde at any tyme then after commence, or caufe to be com- menced any other accion or fuyte againft him this Defend‘ Cuth- bert or any his fervauntes, or Affignees for or concerninge the pullinge downe of the faid Playehoufe, or for carrying awaye the tymber thereof And that this Defendt Cuthbert fhoulde be at libertie to take his remedie at and by the courfe of your Highnes Common lawes againift the nowe Compl* for not agreeing to feale the faid newe Leafe accordinge to A covenaunte on the nowe Compl'’s parte to be perfourmed in the faid Indentures expreffed as (amongft other things) in the faid Judiciall Decree, and fen- tence of that Courte more at large it doth and maye appeare. ffor which caufe, and for that the nowe Compl‘ (if he had fuf- pected or had fhewed any caufe of greife for any fraude, or indi- recte practife, or dealinge (by him fuppofed to be vfed, or com- 285 286 Charles William Wallace mitted by any of the Officers of your Highnes faid Courte) in drawinge, or entringe of orders contrarie to thofe your Highnes faid Counfell had before pronounced or Deliuered in that caufe) or for any practife in any of them theife Defend‘’* for procur- inge the fame as he the faid Compl* by his faid Bill of Compl* doth falfely and vntruelie furmife) might at any time whilest the fame fuyte was dependinge in the faid honorable courte by Compl* thereof made vnto your Highnes faid Counfell haue fuch faultes and mifdemeano”™> there redreffed and punifhed, and Julftice myniftred in that behalf And for that the Complaynt doth offerre great fcandall, and abufe to your Highnes faid Counfell by callinge the fame matter againe into queftion, and in labour- inge to haue the faid caufe, after fuch iudiciall fentence and de- cree paft againft the faid Complaynt in the faid honorable Courte to be againe reexamined before your Ma® in this Courte. There- fore and for diuers other defectes, faultes, and ymperfections in the faid bill of Compl' appearinge they theis Defend'®* doe de- murre in lawe vppon the faid Bill, and Demaunde the iudgemt of this honorable Courte, if they theis Defend‘e* or any of them ought to make any other Aunfweare therevnto, and humblie praye to be Difmiffed w theire reafonable coftes therein wrong- fullie fufteyned [Signed] Jo. Walter [Attorney] ANSWER OF RICHARD LANE Jurata 28 Aprilis Anno 44° Elizabethe Regine William Mill The Aunfwere of Richard Lane one of the defendantes to the vntrue and fclaunderous bill of complaint of Gyles Allen compl./ The faid deft faving to himfelf now and at all tymes hereafter all advantages and excepcions to thincertenties and infufficiencie of the faid bill of complaint for Aunfwere and plaine declaracion of 286 The First London Theatre 287 the trueth of fo much therof as concerneth him this deft fayeth that true it is that there was A fute commenfed in her Mates hono'able Court of Whitehall at weftmin/ter by one Cuthbert Burbage complainant again{ft the faid Gyles Allen deft concerning the {tay of A fute w™ the faid Allen had then dependinge in her Mat*s Court of Kinges benche again{ft the faid Burbage or his fervaunt towching the Playhoufe called the Theater in the bill mencioned In which Court this deft then and yet ferving as deputie Regifter did to-the beft of his vnderftanding, and w™ as much knowledge and diligence as hee could attende, and tooke fuche briefe notes of Orders as from tyme to tyme her ma‘ Counfaill in the faid Court pronounced in the faid caufe without anie affeccion to either of the fayd parties Amongeft w™ vpon the xxxj™ of May in the xlij™ yeare of her ma‘’* moft happie reigne, the fame matter being moved and opened in prefence of m® fergeant Harris and m™ Walter being feuerally of counfaill learned w™ both the faid parties, yt was therevpon (to the beit of this defendantes remembrance) Ordered by confent of the faid parties or their Counfaill, that the fame matter fhould be fett over to be heard in the faid Court vpon the fyveth day of the ther next terme, And in the meane time the def‘ fhould ftay his fute at the common lawe and no further proceede therein, And it was alfo then further Ordered that the faid Allen (makinge othe that he was not privie to the depoficions publifhed and fetting downe the names of the deponentes w™ hee intended to examine) fhould be at libertie texamine the fame deponentes fo to be named vntill the fecond day of the fayd next terme And then the fame to be pub- lifhed As by A note remayning in A booke of remembraunces then taken and kept by this deft appeareth. Vpon the coppie of w note fo conceaved, and deliuered by this deft, The faid John Madox named in the bill (being Attourney for the faid Burbage) or fome of his clerkes or fome other on the behalf of the faid Burbage, did drawe vp an Order at lardge towching the fame caufe, and brought the fame fubfcribed and confirmed by one of her ma*és faid Counfaill of the faid Court (As by the fame ready to be fhewed vnto this hono"able Court may appeare) into the 287 288 Charles William Wallace Regifters Office to be entred, which accordingly was done. And this defendant further fayeth that if the faid John Madox or any other who had the drawing of the faid Order, did adde or di- minifhe any thinge materiall to or from the fayd Order more or leffe then was pronounced yt concerneth him or them in theire othes and credittes and not this deft who did nothing therein more then he had good warrant to doe as aforefayd. And this deft further fayeth that the Atturneys of the faid Court of White- hall (being fworne in theire places to obferve thorders and due proceedinges of the faid Court) have for the fpace of thirtie yeares laft paft to the knowledge of this deft (for fo longe hee hath ferved as A Clerke in the fame Court) and longe before as hee hath hearde and doeth verelie beleeve to be true, vfed to drawe theire Clientes Orders (being fworne to deale indifferent- lie therein) And not the Regifter, As the faid Allen in his faid bill hath vntruely alledged efpeciallie fuch as doe concerne De- crees, or orders made for the graunting of Iniunccions for ftay of anie proceedinges at the common lawe difmiffions of caufes, deliuery out of money or deliuery of writinges or for theftablifh- ing of any poffeffion, and fuch lyke as are and be viually con- firmed before thentring thereof by and vnder the handes or hande of fome of her maté* faid Counfaill of the faid Court, before they be entred into the Regifter And for thother ordinary rules and fhort orders, they are nowe viually entred by the Regifter or his deputie w'out any further circumftance or contradiccion. And wheareas the faid complainant in his bill of complaint hath fclaun- derouflye and vntruely fett downe, that the faid Burbage did very malitioufly and fraudulently after the fayd Order pronounced as aforefayd, combyne and practife w the faid John Madox (his Attourney) and w" this deft (the Regifter) and by confederacie procured the faid John Madox to drawe an Order, w™ apper- teyned not to him to doe; but vnto the Regifter of the faid Court, and likewife procured the fame to be entred, and fett downe directly contrary to that which was done and pronounced as afore- faid by her highenes Counfaill of the faid Court, namely that the faid Allen fhould not proceede to the making vp of the demurrer in 288 The First London Theatre 289 the bill mencioned therein, very highelie abufing her highenes faid ho: Courte, and greatly Iniuring the fayde Allen now plaintif This defendant for plee and aunfwere therevnto, & every other matter of mifdemeano", confederacie and combynacion layde to this defte* chardge in the faid bill fayeth that hee is thereof and of every parte thereof not giltie. Without that that this deft did at any time directly or indirectlie practife, combyne or con- federate w the faid Cuthbert Burbage and John Madockes or either of them, or w'" any other perfon or perfons whatfoeuer about the drawing or procuring of the faid Order to be entred But did faythfully and fincerely take the note of the fayd order as the fame was pronounced to his beft vnderftanding in fuch forme as is before recited, And the fame fubfcribed as aforefaid was truely entred into the Regifter accordinglie. And wout that that anie other matter or thinge in the faid bill of complaint conteined towching or concerning this deft, materyall to be aunf- wered vnto, and not herein fufficiently aunfwered, confeffed and avoyded, trauerfed or denyed is true. All which matters this defendant is readie to averre and proove as this hono’able Court fhall awarde And humblie prayeth to be difmiffed out of the fame w" his coftes and chardges in this behalf moft wrongfully had and fufteyned./ [Signed] Smyth [Attorney] DEM URRER OF HUDSON AND OSBORNE Sabati 12 Junij Anno 44 Elizabethe Regine Jouis 17 Junij Anno predicto demuratur per Tho Ofborne The ioyncte and feuerall Demurrers of Rich- ard Hudfon, and Thomas Ofborne two of the defend*** to the Bill of Complaynte of Gyles Allen gentleman Complaynante./ 289 290 Charles William Wallace The faide defend.*** by proteftacion not acknowledginge nor con- feffinge anie of the matters in the faide Bill conteyned to be true fayen That the faide Bill of Complainte exhibited agaynite them and others in this honorable Courte is very vntrue and flaunderous vncerteyne and infufficient in the lawe to be aunf- wered vnto for diuers and fondrie faultes and manifeft ymper- feccions therin appearinge and fuche as by the lawes of this Realme and orders of this honorable Courte they theis defend.‘ "are not tyed to make anie aunfweare therevnto And namelye for that the matters and fuppofed periurie in the faide Bill conteyned wherew™ they theis defend.'e* are or doe ftande charged are therin foe vncerteinlie and infufficiently layed as they theis de- fend.‘¢s ynder the favo" of this honorable Courte cannot and are not tyed to make anie further aunfweare thervnto And theis defend.t* further faye That other of the defend.’ in the faide Bill of Complainte named havinge beene heretofore ferved w™ proceffe haue appeared and demurred vppon the fame Bill whiche demurrer beinge referred by the orders of this honorable Courte to the right worfhipfull ffrauncis Bacon Efquier, he vppon per- viall and confideracion had of the faide Bill of Complaynte, hathe already reported That the faide Bill is veary vncerteine and in- fufficient and that noe further aunfweare needeth to be made therto for whiche caufes and diuers other matters and defectes in the faide Bill appearinge They theis defend.’ doe Demurre in lawe vpon the faide Bill of Complaynte And prayen to be dif- miffed oute of this honorable Courte w™ theire reafonable coftes and chardges by them in this behalf mofte wrongfullie borne and fufteyned./. [Signed] Jo: Walter [Attorney] EXAMINATION OF RICHARD LANE Star Chamber, Elizabeth, A 33/32. primo Maij polit merediem: Anno Regni Regine Elizabethe 44'°./ 290 The First London Theatre 291 Rec vj§ A tems Interrogatories to be miniftred to Richard Lane on of the Defendantes at the fuite of Gyles Allen Complaynante. 1 Inprimis whither doe yo" knowe that a bill was heretofore ex- hibited in her Mat*s Court of Requeftes by Cutbert Burbage again{t the faide Complaynante for the ftaying of a fuite w™ the faide Complaynante had commenced in her Ma"® bench at Weit- miniter againft one Peter Street for the pulling downe of the playing place called the Theater./ 2 Item whither doe yo" knowe that it was ordered by the faide Court of Requeftes, by an order made the laft daye of May in the Two and ffortieth yeare of her Ma*s Raigne, that the faid fuite betwen the faide Complaynante, and the faide Peter Street fhould be ftayed, and whither did the faide Court then geue libertie, by the faide order, vnto the faide Complaynant to ioyne vp the de- murrer that was depending betwen the faide Complaynante, and the faide Peter Street in the faide fuite, or whither did the faide Court reftrayne the Complaynant from foe doeing./ 3 Item whither did yo" enter the faide order trulie in fuch manner as. it was deliuered by the Court, and whither did yo" deliuer a true copie thereof vnto the Complaynant not altering or ommit- ting anie thing that was then deliuered and pronounced by the faide Court./ 4 Item whither did yo" vppon the faide laft daie of May deliuer vnto the Complaynante a Copie of an order dated the faide laft daie of May, and whither did yo" therein fett downe that it was ordered by confent that the Complaynant fhould ftay his further proceedinges at the Common Lawe in the fuite there depending againit Cutbert Burbage the Plf*. in the faide Court of Requeftes and whither did yo" in the faide Copie make anie mention that 291 N 292 Charles William Wallace the Court had geuen libertie to the Complaynante to ioyne vp the aforefaide demurrer, or that the Court had ordered that he fhoulde not ioyne it vp, or did yo" not altogither, ommitt the fame./ Item whither did not the Complaynante come vnto yo" the fame laft day of May in the afternone, and fhewe yo" a note from his Councell, teftifying that the Court had by theire fayed order geuen him libertie to ioyne vp the faide demurrer, and whither did not the faide Complaynante then defire yo" that the order might be foe entred, according as in trueth it was deliuered by the Court the fame daie and whither had yo" receyued anie order of the {aide laft day of May betwen the nowe Complaynant and the faide Cutbert Burbage vnder the hand of anie of the Mafters of the faide Court of Requeftes, before fuch time as the Complaynant , came vnto yo" and required yo" to reforme the Copie w™ yo" had deliuered him as aforefaide./ . Item whither did yo" enter an order beareing date the faide laft daye of May, and therein amongeit other thinges fett downe that the nowe Complaynant fhould furceafe and ftay and no further profecute or proceede in the faide accion depending at the Com- mon Lawe, and fhould not caufe the demurrer aforefaid to be ioyned vp, or entred vntill the heareinge of the caufe in the faide Court of Requeftes, and whither were yo" procured or moued by John Maddox the Attorney of the faide Cutbert Burbage, and Cutbert Burbage, or either of them to enter the fame in fuch manner, and what fomme of money or other recompence did the faide Cutbert Burbage or anie for him, geue vnto yo", or anie other to yo" vfe, for makeinge the faide entre, and for the Copie thereof./ Item did yo" deliuer vnto the Complaynante a Copie of anie fuch order as is mencioned in the next precedent Interrogatorie, and when was anie fuch Copie firft deliuered by yo" vnto the Com- playnant and whither did yo" geue anie knowledge vnto the Com- playnante that the faide Court had ordered that he fhould not ioyne vp the demurrer aforefaide./ 292 8 10 The First London Theatre 293 Item whither doe yo" knowe that vppon the eleuenth day of [une in the Two and ffortieth yeare of her Ma'** Raigne the faide Cutbert Burbage made oath in the faide Court of Requeftes, that the nowe Complaynant had caufed the demurrer aforefaide to be ioyned vp, contrary to the order of the faide Court, and whither did not the faide Cutbert Burbage therevpon in the vacation then following, procure a Purfiuant to be fent downe into the Cuntery for the Complaynante, and whither was not the Complaynante brought vp to London by the faide Purfiuant, and carryed before one of the Mafters of the faide Court of Requeftes, and then en- forced to enter into a bond of Two hundred poundes, to appeare in that Court the ffirft day of Michaellmas terme following, to anfwere the Contempt, and allfo to {ftand to the order of that Court vpon the heareing of the faide Caufe, or otherwife to haue been committed to prifon./ Item whither did not the Complaynante appeare in the faide Court according to his faide bond, and whither was it not then opened vnto the Court, and teftifyed by the Complaynantes Councell, that by the true order aforefaide made the faide laft daye of May the Complaynant had libertie geuen him by the faide Court to ioyne vp the demurrer aforefaide, and that the Court was much abufed, and the Complaynante much wronged by the practife of the faide Cutbert Burbage and the faide Maddox, and the Regifter, in that behalffe, and whither was not the Complaynante therevppon dif- charged of the faide fuppofed contempt./. Item whither did not the Councell of the Complaynante make a mocion in the faide Court of Requeftes, after the heareing of the faide caufe betwen the faide Complaynant and the faide Cutbert Burbage to this effect, That the faide Cutbert Burbage was no affigne in Lawe or equitie vnto James Burbage deceafed, (late ffather to the faide Cutbertt) of the faid Theater, and therefore not able to maynteyne anie bill in his owne name towching the fame, and whither did not the Councell of the Complaynante 293 I i 294 Charles William Wallace drawe a cafe accordingly and put the fame into the faide Court. by lycence of the faide Court./ Item whither was it not ordered by the faide Court, by an order dated the ffirft day of November in the Two and ffortieth yeare of her Mats Raigne vppon the motion of the Complaynantes Councell, that the decree pronounced in the faide caufe betwen the Complaynante And the faide Cutbertt Burbage fhould be {tayed from figning, vntill the cafe aforefaide put in by the Com- playnantes Councell towching the faide caufe fhould be further confidered of, by her Mas Councell of the faide Court./ LANE’S ANSWERS Examinatio Capta xj° die Maij A° Regni Regine Elizabethe xliiij*® Super Jnterrogationes expar*® Egidij Allen querentis miniftratas Richard Lane of Courtenhall win the Countie of North- ampton gentleman fworne and examined./ To the ffirft Jnterrogatory he faithe he thinckethe that there was hearetofore a bill exhibited in her Ma"** Courte of Requeftes by Cuthberte Burbage p" againft the nowe p't then defend‘ for the {tayinge of a fuite w™ the nowe Comp" had comenced in her Mat'*s benche att weftmin/ter concerninge the Theater And for the more plainlie thereof this defend‘ referrethe himfelfe to the recordes of that Courte./ To the 2 Jnterrogatory he faithe that to his remembrance ytt was ordered by the Courte of Requelftes the laft of May in the xlij* yeare of her Ma"*s Raigne amongeft other thinges in prefence of M* Sergeant Harris and M* Walter beinge feuerallie of councell on both parties and by their confentes that the fute att the Com- mon lawe betweene Cuthberte Burbage, and Gyles Allen fhoulde bee ftayed, And that he this defendt beinge deputie Regyiter of that Courte received an order fubfcribed by one of her Matis 294 The First London Theatre 295 Councell in that Courte to that effecte to w™ order he referrethe himfelfe And more faithe nott to this Jnterrogatory./. To the 3 Jnterrogatory he faithe that to this defend'®* beft remem- brance he this defend‘ tooke a note of the faid order as yt was pronounced and thereof deliuered a true Coppie to the Comp* or fome other on the Comp'e* behalfe wout addinge or demin- ifhinge anie thinge to or from the fame./ To the iiij" Jnterrogatory he faithe that he this defend‘ deliuered vnto the Comp" or to fome on his behalfe a note of an order dated the laft of May 42 Elizabethe Regine but whether the fame was deliuered the day of the date thereof or not this defend* doth nott knowe. Butt this defend‘ faithe that yt was fett downe in the fame order as he remembrethe that the fd Comp! fhoulde ftay his further proceedinges att the Common lawe in the fuite there de- pendinge again{ft Cuthberte Burbage the Comp" in the faid Courte of Requeftes. And as touchinge the ioyninge vpp of the de- - murrer in this Jnterrogatory mencioned this defend* doth nott knowe that he made anie mencion in his note touchinge the fame./ To the v Jnterrogatory this defend faithe he doth nott remember that vppon the laft day-of May in the xlij® yeare of her Mats Raigne in the afternoone of the fame day or att anie other tyme that the faide Allen did fhewe this defend’ anie note from his councell teftifyinge that the Courte had by their faid order gyven him libertie to ioyne vpp the faide demurrer Neither doth this defendt remember that the Comp" fo defired that the Order might be fo entered [But this defend* faith that the Comp" came often tymes unto him (stricken out)] (w™ yf the faid Comp" had), yett neuertheles this defendt was to take noe notice thereof from his Councell, but to enter the fame as yt was pronounced by the Courte./ and as ytt was confirmed vnder the hande of one of her Mates Councell of the fame Courte./ To the vj Jnterrogatory he faithe that there was an order de- liuered into the office to be entered by John Maddox or fome other 295 296 Charles Wiliam Wallace on the behalfe of the faid Burbage dated the laft of May fub- {cribed by one of her Mat** Councell of the Courte of Requeft purportinge the ftaye of the fute as in this Jnterrogatory is men- cioned. w" he this defend‘ afterwardes caufed to bee entered into the Regefter accordinge to his warrant, And as touchinge the receyvinge of anie money or other recompence or promife of anie from the faid Burbage or Maddox or anie in their behalfes other then the ordinarie fees due to the Regifter for the fame this de- fendt denieth the receipte of anie money or other confideracion whatfoeuer. To the vij™ Jnterrogatory he faithe that after the receipte.of the — faid order fo fubfcribed as aforefaid ytt was lawfull for this de- fend! to deliuer coppies to anie perfon that woulde require the fame but howe manie Coppies or to whome the fame were de- liuered or when this defendt doth nott remember; Neither doth this defendt remember that he this defend‘ gave anie notice to the p' otherwife then the order doth pwrporte./ To the viij® Jnterrogatory he faithe that as touchinge the affidt in this Jnterrogatory mencioned he referrethe him felfe to the booke of entryes, And as to the reft of the Jnterrogatory he can- not certainlie depofe/ To the ix” Jnterrogatory he faithe that as touchinge the appar- ance of the faid Allen he this deft referrethe himfelfe to the booke of apparances kepte in that behalfe. And as touchinge the dif- charge of the faid Allen his contemptes or anie other mocion made or order taken in the faid Caufe this defend' referrethe himfelfe to the bookes of orders kepte in that behalfe./ To the x” Jnterrogatory he faithe that he thinketh that there was mocion made to theffecte ffollowinge viz that the faid Cuthberte Burbage was noe affignee in lawe or equitie vnto James Burbage deceafed late father to the faid Cuthberte Burbage of the Theater and therefore nott able to manteyne anie bill in his owne name 296 The First London Theatre 297 touchinge the fame. And faithe that by the direccton of her mates Councell of the Courte of Requeftes there was a Cafe deliuered into the faid Courte vnder the hande of M* S'geant Harris beinge of Councell w™ the faid Allen w™ this defend‘ hath readye to fhewe to this ho. Courte. To the xj® Jnterrogatory he faithe that vppon the 5° of Nouem- ber 42 Elizabethe Regine yt was ordered by mocion of the p'¢ Councell that the decree pronounced in the faid Caufe betweene the faid Comp! and the faid Cuthberte Burbage fhoulde be ftayed from figninge till the Cafe aforefaid were further confidered of./ [Signed] per me Ricardum Lane. 297 +$ i: Se tae « iy, ( La THE UNIVERSITY OF NEBRASKA. Linco, i ¢ a ht Binet i " ; PRESS OF % , THe NEW ERA PRINTING COMPANY ne LANCASTER PA. o d/d ‘wit VoL. XIII OcToBER 1913 COMMITTEE OF PUBLICATION C. E, BESSEY P. H. FRYE F. M. FLING P,. H. GRUMMANN L. A. SHERMAN CONTENTS I. THe THEORY OF GREEK TRAGEDY...... P. H. Frye 299 II, ON THE APPLICATION OF THE PRINCIPLES OF GREEK Lyric TRAGEDY IN THE CLASSICAL DRAMAS OF SWINHURN Myo rl oats sur deve atbuaaas Olivia Pound 341 III. ENG iisH INTERJECTIONS IN THE FIFTEENTH CENTURY Mary Crawford 361 IV. Own INDEFINITE CoMPOSITES AND WorD-COINAGE Louise Pound 407 LINCOLN, NEBRASKA INIVERSITY STUDIES VoL. XIII OCTOBER 1913 No. 4 I—THE THEORY OF GREEK TRAGEDY BY. PP. Ee PRYE It is not infrequently objected to the practice of generalizing on literary topics that it tends to transform what is properly a creature of flesh and blood into a lifeless, if symmetrical, figure of abstraction. In some respects the charge is just. To suppose that Sophocles wrote the Antigone in conscious illustration of a dramatic formula, would be totally to mistake the process of lit- erary creation. He wrote it because he liked the subject and found it suggestive: as we say nowadays, he saw something in it. But even in this case it is perfectly legitimate to analyze and de- fine the kind of thing that appealed to him and the kind of thing that he succeeded in making out of it as far as his impressions and methods are uniform. In other words, it is possible to determine the character of his work as a whole even at the risk of neglecting the specific play of feature and circumstance which lends every individual performance its own peculiar vivacity. And the same sort of treatment is equally feasible with the body of Greek trag- edy—or for that matter, with tragedy considered as a universal genre. And further, even though the Greeks, like other tragedians, worked freely, according to their own genius, in the stuff that pleased them, without reference to rule or prescription, even so it is none the less certain that they proceeded in accordance with cer- tain general ideas and habits of thought. And in any case in order to understand what they have done, we should naturally have to take it up in some general expression, which at most would 299 2 P. H. Frye represent, not necessarily their manner of creating it or our man- ner of enjoying it, but merely our manner of disposing of it. No one pretends, I suppose, that the physical or mechanical principles which help us to make sense of the rainbow, offer any adequate equivalent for our joy in it, or even that it was ever made in de- liberate demonstration of such principles. And while I should hardly care to institute a comparison between scientific and critical generalization, there is sufficient analogy between the two cases to - illustrate the fact that as the sole condition of dealing intelligently with a number of details, we are obliged to gather them into our minds in a broad and systematic way. And while again I would not be so rash as to say that any dramatist ever harboured any such views:as I am about to utter concerning Greek drama; yet I do believe that some such conception—if not mine, then that of another more happy—is involved in that drama and is a fair ex- pression of the manner in which it arranges itself, when it does arrange itself, in our heads. For after all it is necessary to re- member that the creation of a play and its comprehension are two very different things. On the other hand I am as far from pretending to say anything novel as I am from expressing the visions and raptures of genius. Not only has Aristotle occupied this ground before me; but he has in some sense told the whole story once for all. Not that every just remark which has since been made on the subject, de- rives directly from Aristotle. But while it would be ridiculous to father all subsequent ideas upon him, yet it is true that whatever is justly said in this matter does array itself naturally under his authority, almost as an explanation or extension of his teaching. If I can only classify the facts, therefore, from a single point of view so that they will all hang together and take on that air of intellectual consistency which results from the possibility of con- sidering a number of particulars in one light and under one angle, I shall think my purpose satisfactorily accomplished. The aim of criticism must always consist, in the first instance, in making its subject intelligible by reducing it to a single set of relationships. 300 The Theory of Greek Tragedy 3 I Like every other work of literature a tragedy is the product of two factors. There is, first, the crude stuff or substance, fact or invention—the “myth” or “ fable,” as it used to be called, the “story,” as it is called nowadays—which serves as the foundation of the action; and second, the handling or treatment, the “art,” which gives this raw material its literary value. It is only by a kind of license that we can speak of an event, whether real or imaginary, as a tragedy. In such a case we are merely availing ourselves of a handy theatrical figure. Literally we are justified in saying at most that such an occurrence might possibly yield a tragedy if properly worked up and presented. Even in the com- mon manner of speaking the force of the figure depends on a recognition of the necessity for dramatic elaboration for genuinely tragic effect. In other words, a tragedy is not a work of nature but of art. | Like the treatment, however, the myth or story itself, upon which the tragedy is founded, should have a special character of its own. It is probably a vague recognition of the circumstance that every transaction indifferently is not proper material for tragic handling, which confines the popular application of the term to certain occurrences in real life, however capricious and inexact this application of the word is likely to be. In short, tragedy is not wholly an affair of manner any more than it is wholly an affair of matter. The substance must be suitable; and it can be so only when it is of a sort to violate our feeling of moral congruity or fitness. That is to say, the tragic story or fable should involve a discrepancy between our sense of fact, as illustrated in the inci- dents of the action, on the one hand, and on the other, our con- ception of justice and right reason. And it is just this disheart- ening consciousness of inconsistency, implicit in the perception of the dramatic data, as between our knowledge of things as they are or seem to be and our vision of them as they should be, which it is one of the duties of the tragic dramatist to reinforce and deepen by his treatment. At first sight it may seem something of a paradox to rest trag- 301 4 P. H. Frye edy upon the same general basis, the appreciation of incongruity, as that upon which it has become usual to rest comedy. And yet it has been observed again and again that as far as the mere dra- matic substratum is concerned, there is no essential difference be- tween tragedy and comedy: the same premises may serve for either according to circumstances. As Vinet, for one, has pointed out, the subject of Mithridate is identical with that of ’Avare— the fifth scene of the third act in the former play utilizing exactly the same situation as the third scene of the fourth act in the latter ; while between Mahomet and Tartufe, and Andromache and Rico- chets, to mention only obvious instances, there is an unmistakable likeness of the same kind. And yet how different the effect! The truth is, incongruity may stir very different emotions under different circumstances. In the case of comedy it is the sense of decorum and conven- tion, rather than any graver feeling, which is offended. A viola- tion of the proprieties, an inconsistency of character, a contrariety of circumstances—of such is the fabric of comedy. In spite of its tragic possibilities the Misanthrope arouses, as a matter of fact, no profound distrust, it stirs no serious misgivings. That a prig of Alceste’s stamp should so far belie his professions as to fall in love with a trifling flirt like Céleméne, arouses much the same feeling, under Moliére’s management, as that a man in irreproach- able evening clothes, to borrow an example from Professor Sully, should slip and fall into the mud. To the intelligent observer the one experience is, of course, much more interesting than the other. The latter is wholly superficial and fortuitous. The former is rooted in human nature and furnishes a better pasturage for that sort of intellectual curiosity and amusement which it is the busi- ness of the comic poet to elicit from his themes as it is the business of the tragic poet to elicit from his the motifs proper to his own genre. In the case of tragedy, on the contrary, the incongruity is such as to shock profoundly the moral prepossessions of the race—to shake, if not to unsettle, confidence in the moral order, in the moral reality of the universe. The sacrifice of a girl so innocent and ingenuous as Iphigenia to the indirections of her father’s am- 302 . . The Theory of Greek Tragedy 5 bitious policy or that of a woman so elevated and disinterested as Antigone to state’s reason and municipal convenience, is in itself a direct attack upon the observer’s faith in a supreme equity, in a just apportionment of human lots. Nor is it otherwise with Mith- ridate as compared with l’Avare. The spectacle of a ravenously avaricious character like Harpagon in the throes of a passion so extravagant as love, presents an extremely curious and amusing case of ethical casuistry—nothing more; while the exposure of Monime in her maiden decency to the jealous inquisition of her tigerish master is enough to confound belief in the equitable reg- ulation of mortal affairs. It is this sort of thing that I should like to call the tragic qualm —this feeling of insecurity and confusion, as it were a sort of moral dizziness and nausea, due to the vivid realization, in the dramatic fable, of a suspicion which is always lurking uncom- fortably near the threshhold of consciousness, that the world is somehow out of plumb. Herein lies the genuine “clash” of tragedy, as it has been called—not in a mere collision of persons or interests or even of ideas within the confines of the play itself, but rather in the contradiction life is perpetually opposing to our human values and standards. To be sure, our sensibility for this sort of thing is rather blunt at present. This is not a tragic age. Nor is it essentially a moral one. But for all that there are times when the tragic qualm, in- herent as it is in the nature of things rather than of art, obtrudes itself irresistibly. The wanton assassination of the most inoffen- sive of our presidents is a case in point—as is the senseless obliter- ation of an entire population by earthquake, volcanic upheaval, or other cataclysm. I grant that even these tremendous catastrophes are beginning to lose their terors for the popular imagination in the rapid extension of a civilization preponderantly material. But at the same time, though such matters are not of themselves proper for tragedy for a reason that I shall assign in a few minutes, yet they do still stir in thoughtful natures the kind of feeling peculiar to the tragic fact as such; they raise again the horrifying old dis- trust of nature and her dealings with her creature. Like every lapse of reason, like every intrusion or irruption of the irrational 303 6 Pu, Frye or the unintelligible into the sphere of human interests, they threaten again the security of man’s dearest illusions, they trouble his spirit and fill him with nameless apprehensions for the sanity and good faith of that order in which humanity with its quivering and importunate conscience is helplessly and irrevocably involved. For after all the tragic qualm is perhaps nothing more or less than a sudden and appalling recognition of our desperate plight in a universe apparently indiscriminate of good and evil as of hap- piness and misery. Without the tragic qualm, then, in the dramatic data there is no tragedy. But this is not enough; it is but preliminary—in Plato’s words, Ta pd tpaywdias. It is necessary that the qualm should be allayed, that the quarrel between the certainties of experience and the exactions of conscience should be composed, and that con- fidence should be restored. In addition to making sure of the emotions proper to his stuff in itself, the poet must also manage in such a way as to answer the question mutely propounded by his fable: if such things can be, what becomes of the law of eternal righteousness as given in the heart of man? Such is the ques- tion which the drama, as “the imitation of an action,” forces re- lentlessly upon the attention of the audience. And the whole - function of tragedy, as a literary genre, is to resolve this doubt, in one way or another, through the medium of the action too, but of the action as a dramatic, not as an actual, performance. Other- wise there is no art—nothing but a dull dead stereotype of reality with all its contradictions, incoherences, and inconsequences—and with all its resultant incredibility. Senseless assassination or aim- less annihilation may indeed present a problem, but the problem is insoluble. And where there is no solution, either by fault of the circumstances or by fault of the poet, there is no genuine tragedy. If I may venture for a little while into the thicket of critical exegesis, this or something very like it seems to me to be what Aristotle had in mind in speaking of the “ purgation of the pas- sions” as the end of tragic poetry. The eventual relaxation of the emotions of pity and horror, which were characteristic of the tragic qualm as it affected the sensibilities of the Greek by reason of certain conditions which I shall have the temerity to discuss be- 304 The Theory of Greek Tragedy 7 fore long—the eventual relaxation and alleviation of these emo- tions by some adjustment or other, after their violent excitation by the representation of the action, appears to satisfy the Aristo- telian definition of tragedy, as & éAéov kai ddBov repatvovoa thy Tov Toovtwoy raQypatwv Kéifapow as accomplishing through pity and horror the purgation of these selfsame passions. But in any case—and this is the point after all—what is indisputable is the sharp distinction drawn by the Poetics between the myth and its handling, between the action as an imitation and an initiation— or in other words, between life and literature. And in the light of the distinction it can hardly be denied that Aristotle regarded as indispensable some such final accommodation as I have tried to indicate. Without some such reconciliation of experience with conscience, without some adjustment of the course of events to the principles of human nature he could not have conceived of a tragedy in the proper sense. It is through this solution, as I have called it in customary fash- ion, that tragedy acquires its significance, as it acquires its poign- ant sense of reality through its presentation of the tragic problem implicit in its imitation of an action. While it is by the latter avenue that life enters tragedy, ideas enter it through the former. In this manner verisimilitude on the one part and moral consist- ency on the other become necessary attributes of the tragic poem. But even in the first case, in the case of the fable itself, it is as much the dramatist’s vision, his Weltanschauung, which is in- volved as his observation. The success of his action, even as imi- tation, depends mainly upon his eye for the problem. What affects the audience is his fidelity, not so much to a certain order of phenomena, as to a certain order of emotions. In a word, the verisimilitude of his drama, and hence its reality, is measured, in the last resort, not by the exactitude with which he is seen to re- produce the spectators’ own sensations, but by the justice with which he is felt to have voiced the tragic qualm. i Of the technical elements of tragedy in general I have said nothing. I am concerned with what may be called its intellectual 305 8 PH. Frye bases alone. I have assumed the dramatic genre with all its ap- purtenances and properties. And I have taken for granted as sufficiently obvious of itself that the rational premises of tragedy are expressed and to a certain extent conceived in terms of sensa- tion and emotion. The kind of story in which the problem is sensibly embodied and through which the tragic qualm is emotion- ally communicated, together with the manner of treatment whereby the solution is intimated, will depend upon the character of the drama and its inspiration. Naturally too the specific feel- ings to which the tragic qualm is determined, will vary with the dramatist’s sense of the tragic problem—as will the pacification with his convictions religious or otherwise—as these may be affected by his natural disposition and the civilization in which he finds himself. If the tragic problem of Shakespeare and the Eliz- abethans is compared with that of Sophocles and the Athenians, it will be found to arise from quite another notion of the fatal incongruities of life and to be differently constituted with respect to its emotional notes, while the solutions tacitly proposed by the two dramas will naturally diverge to an equal extent. With Shakespeare the tragic dissonance or “clash” would seem to engage as between man’s possibilities or pretensions and his fate. The incompatibility of his desires and aspirations, which are illimitable, with the conditions which actually dispose of him— mean, trivial, absurd, belittling as they may be, but always at odds with his higher nature and impulses and frequently ruinous of his life and happiness—something like this would appear to be what moved Shakespeare most in his graver moods. The contrast between what humanity might or should be and what as a matter of fact it may become by the accidents of existence—herein lies the discord at the root of his tragedy. A being of inexhaustible capacity, noble in reason, infinite in faculty, godlike in apprehen- sion, reduced to a mere quintessence of dust—a Hamlet whose world is out of joint or an Othello “ fall’n in the practice of a damned slave,”’ such is the Shakespearean protagonist. This man so great that all that is, is his, Oh, what a trifle and poor thing he is! 306 The Theory of Greek Tragedy 9 In short, Shakespeare’s tragedy, like romantic tragedy in gen- eral, is a tragedy of circumstances ; hence the “ low” and “ comic” --elements with which pseudo-classicism used to reproach it. To regard a business like the graveyard scene in Hamlet as a side issue or a sop to the groundlings, as apologetic criticism was once fond of doing, is to miss the point. There may be some excuse for disliking it when done, but Shakespeare knew what he was about when he did it. In its violent affront to the ideal dignity of Hamlet’s situation at the moment when he is tottering pre- cariously on the edge of his own grave as of Ophelia’s, in its fan- tastic contradiction of the Hamlet of abstraction by the Hamlet of fatuity it is of the very essence of Shakespearean tragedy. The objection that such a scene is out of keeping with the seriousness of the emergency is true enough; but it is equally pointless, for the tragedy consists in just this affront to human dignity, this out- rage to the sacredness of the individual. That such an objection should ever have been made, argues a gross misunderstanding, not only of the manner in which he conceived the tragic problem but also of the nature of his tragic irony, so different from Sophocles’. “That is the glory of Shakespeare,’ Tennyson is reported to have said, “that he can give you the incongruity of things.” Even about his comic characters in their more sober aspects hangs the atmosphere of fortuitous calamity. It is what gives Falstaff his grip upon our sympathies; he ought, it seems, to be so much nobler than he is. For Shakespeare’s mixture of comic and tragic is not confined to a mere intermingling of scenes of one sort with those of another; it resides in a kind of duplicity of con- ception, which is, perhaps, humorous rather than comic. Just as the lighter characters like Falstaff may catch a reflection of pathos from being in some manner the victims of untoward circumstances, so his tragic characters too may be slightly ridiculous for the same reason, like Othello gulping lago’s inuendoes or Macbeth gaping at the witches. At all events, from the nature of the case his tragic heroes, for all their wilfulness and violence, are always a little pitiable as well as pathetic, like poor old Lear. About them all is a little something of Coleridge—one reason, perhaps, that he is able to speak of them with so much intelligence and sympathy. 307 fe) P. H. Frye Such is, no doubt, the unavoidable weakness of a drama in which fatality has been displaced by necessity. If there is a principle presiding over the course of Shakespeare’s action it is the law of causation, in accordance with which the quarry is finally run down by a pack of consequences, more or less incidental, with whose in- ception his own character has little or nothing to do, however it may appear, as the only constant and predicable element, to deter- mine the outcome, very much as the duration of the hunt might be said, regardless of the hounds, to depend upon the endurance and cunning of the fox. After all, the problem set by Shakespeare is simply how a man of such and such possibilities could go to the ground. The answer consists in tracing the circumstantial con- spiracy, the causal succession by which he has been brought to such a pass, together with its effect upon his character. Transfer Hamlet and Othello, and the tragedy becomes unthinkable. How long would it have taken the former to unmask Iago or the latter to settle with Claudius? Hence the curious result, as compared with the Greek, that whatever their fortunes, Shakespeare’s protagonists are morally accountable only for their intentions. It is impossible, of course, to deny that Hamlet pays the penalty of his acts, such as they are, in the sense that he endures the event; but he is in no wise answer- able to the audience for the predicament in which he finds himself, as is, for example, the Hippolytus of Euripides. On the contrary, not only does Macbeth suffer the consequences of his conduct, he participates in their odium as well, on the strength of the malevo- lence of his motives. The latter is adjudged criminal, the former is not. At the same time there is a striking want of concurrence between verdict and sentence. Inoffensive as he is, Hamlet comes off no better than Macbeth. The tragedy is the same in both cases—the ruin of a promising career. In the one instance jus- tice is felt to have been done; in the other, not. Why, then, the identical issue? In short, for the tragic problem implicit in his representation of life Shakespeare has no moral solution. He seems to say: such is the way of the world; to be sure, it offends your sense of fitness that humanity should be liable to these 308 cena The Theory of Greek Tragedy [I wretched contingencies, but what would you have? Life is a tale Told by an idiot, full of sound and fury, Signifying nothing. In default of a final impression of moral consistency as between the hero’s deserts and his apportionment, the consternation of the spectators is composed by a feeling which is left with them of the sympathetic superiority of the victim over the forces to which he succumbs. In spite of his insufficiency it is impossible not to rate Hamlet or Lear above the whole conspiracy to which he falls a victim. In this way the tragic qualm, as I have called it, is allayed after a fashion; the audience is reconciled to the catastrophe— otherwise there would be no tragic effect at all. Such a con- clusion, however, is purely sentimental and lenitive; there is no reassertion of the moral order, no catharsis of the passions to which the qualm is due. It is not by his solution, to speak exactly, that Shakespeare is great. Perhaps the kind of incongruity on which he based his drama is incapable of moral reconciliation. At all events, it is, as a matter of fact, to the terrific vividness with which he pictures the plight of humanity in a world of unscrupu- lous eventualities and draws its consequences for the character of the individual that his greatness is due. Hence the individual- ity of his drama and its title to the common designation, tragedy of character. Such, as I conceive the matter, are the fundamental ideas of Shakespearean tragedy, which is in most respects a fair type of romantic tragedy in general. By comparison, the problem of Greek tragedy has to do with the effect of an action, as such, in promoting human happiness or misery; while the solution seeks to justify the issue by attaching to the action concerned a cor- responding moral quality of good or evil. It is not a concern for happiness in itself which differentiates the Greek tragedy from the Shakespearean; on the whole, it is rather a concern for the correlation of happiness and righteousness. But as far as the representation itself goes, all tragedy, as a matter of fact, is alike eudaemonistic in referring immediately to the instinct of happiness 309 12 P. H. Frye as sole umpire of the dénouwement or metabasis. If life were sud- denly to be conceived as a discipline of suffering, a school of char- acter alone, without reference to the welfare of the individual, our tragedy would have to be recast. I do not see how Lear or Oedipus could be regarded, on such a supposition, as a tragic figure. Indeed, in the Oedipus Coloneus, where Sophocles has taken this view to some extent and has modified the postulates of tragedy in some measure to suit it, the impression produced is not wholly a tragic one. The shock to the sensibilities upon which depends the effect of the action in tragedy, as distinguished from that of its resolution, consists capitally in seeing humanity fail, by some outrageous contretemps or other, of the well being to which it instinctively thinks itself entitled. And the peculiar feeling or quality of feeling which makes the qualm of one trag- edy differ from that of another is due, not to a care or a neglect of such a natural expectation, but to the particular manner in which it is raised to be disappointed—that is, finally to the char- acter of the two parties to the collision, that which serves to raise the hope or expectation and that which serves to disappoint it. Now in Shakespeare this collision or clash was seen to grow out of an inconsistency between the fairness of human promise or appearance and the dubiousness of mortal performance—or in terms of feeling, between the expectations raised by the hero’s personality and the disappointment caused by his subsequent career. In Greek tragedy, on the other hand, preoccupied as it is with the ends of action and its relation to prosperity, the collision originates in a discrepancy between the hero’s conduct and its consequences—between the favourable expectations raised by his action and the deplorable results that actually ensue from it, as when an act calculated to ensure success is in reality productive of calamity. But of the probable outcome of an act there is morally only one prognostic—the intention or purpose of its author. Acts of which happiness may consistently be predicted, whose termina- tion ought to be prosperous, are those whose intentions are good— or at least innocent. When such an act, deserving in itself of approval, turns out disastrously, like Antigone’s celebration of her brother’s funeral rites, there is bound to follow a strong feeling 310 ee The Theory of Greek Tragedy 13 of amazement and dismay. ‘The conscience is deeply shocked; and there arises that peculiar sense of vertiginous insecurity which I have called for convenience the tragic qualm. In this connection it is worthy of remark that in Greek you are always pretty sure what the protagonist is going to do. He seldom or never disappoints you; whereas in Shakespeare the pro- tagonist’s behaviour is always more or less doubtful until it is settled forever by the inertia of the action. That Orestes will kill his mother, is certain from the first; he has come to do so and do so he will—he acts consistently in the spirit of his intention: what is uncertain is the consequence of his doing so. Whether Hamlet will kill the king or not, is always pretty much a matter of conjecture before he has done so. In fact that is just the ques- tion. Inthe one case it is Hamlet’s character which is on trial; in the other case it is Orestes’ act. From this shift of dramatic emphasis has resulted a difference in the treatment of character which is no less significant of the romantic tragedy as compared with the Greek. While the Greek protagonist is calculated solely with reference to the action, whose moral character is reflected upon him; the Shakespearean has de- veloped a character of-his own which is partly implicated in the action but is also partly independent of it and uncommitted to it. The former is an agency, not an end in himself. It is not he to whom the action is indebted for its main interest and its peculiar © effects, but contrariwise. In consequence he exists only in and for the play ; or what amounts to the same thing, there is no more of him than is necessary to motive the drama, with which he is virtually coterminous. On this account he has a simplicity, breadth, and integrity—he possesses a general, abstract, and typ- ical value—to which his modern rival can make no pretension. He represents the fates and liabilities of human life rather than the varieties and variations of human character. The Shakespearean character, on the other hand, as a personal- ity more or less inviolable and sentimentally superior to the mere circumstances of his lot, appears to live with a larger life than that of the action, with which his character is only partially iden- tified. Who ever dreams of measuring Hamlet or Othello or $141 14 P..H,. Frye Lear—or even Macbeth for that matter—solely by what he does? Such is the variety, richness, and complexity—such is the ethical interest of his character that it is impossible to confound him with his fate, even while one bewails the pity of it. In retaining his apartness and distinction he preserves a kind of saving grace or eminence in his downfall which makes it dramatically endur- able. He remains uncompromised because he seems so much more important than the catastrophe, or indeed, than the whole play itself. He stretches away, as it were, indefinitely beyond the boundaries of the drama in which he figures—often meanly enough in comparison with the impression of his psychological significance. There is hardly one of all the company who does not occasionally let slip some evidence to a trait of character which is not involved in the piece or required by it—some hint or reminiscence as though of a previous state of existence. Indeed, so complex is their consciousness that it occasionally splits up or divides against itself to the detriment of the dramatic action. It is as much Hamlet’s dissension with himself as anything else which embarrasses the tragedy. or these reasons it is possible to talk—yes, and dispute so much about any of Shakespeare’s main personages: there appears to be so much more of them than the action is adequate to account for that the remainder, the extra-mural portion, is an inexhaustible subject of speculation and conjecture. Hence the fascination of what may be called the pri- vate character of his dramatis personae, which manifests itself in innumerable odd ways—in biographies of his heroines’ girlhood, in discussions of Hamlet’s whereabouts and occupations before the curtain went up, even in references to Lear’s and Cordelia’s com- pensations in another world. That the stage has gained in a way by this treatment of char- acter is undeniable. But what it has gained in one way it has lost in another. Though it has gained in curiousness, in variety, or what we like to call human interest; it has as surely lost in dramatic and literary consistency. That the characters should outgrow the action and cease to be solely the creatures and serv- ants of the drama, is impossible without impairing the accurate adjustment of parts and functions, the nice application of means 312 The Theory of Greek Tragedy 15 to ends upon which depends the perfection of art in general and of dramatic art in particular—without introducing an element of excess or superfluity, a principle of disorder which tends to warp and sprain the play. The fact is that the Shakespearean dramatis personae are too big for the mimic world which they feign to in- habit; they are themselves realities masquerading in a world of fiction; they belong, not to the stage, but to existence. Dare I say so—they are too natural, particularly the women? I con- fess that to me at least it seems at times a little incongruous, even a little grotesque to watch these intensely animated charac- ters, complex with all the complexity of life, gesticulating, grimac- ing, frowning, smiling, running the gamut of a thousand expres- sions and inflections, bustling about with all the irresponsible vi- vacity of nature, “in a fiction, in a dream of passion,” amid a factitious and highly artificial scene clapped together transpar- ently enough out of a few bits of painted canvas, a rickety slide or two, and a set of flimsy hangings, the whole bounded by an arc of garish footlights and a row of staring spectators. On the contrary the Greek actor in his buskins, his mask, his robe and trappings, with his restrained gestures and intonations, may seem a singular figure when deprived of his appropriate accompani- ments. But put him in his place, in the midst of a scene and an action carefully insulated, to say the least, from actuality; and he ceases to be grotesque or incongruous: he and his surroundings are of a sort. In one particular, however—in the nature of the actions imi- tated and in the fidelity of the imitation it must be acknowledged that Greek tragedy bears no little likeness to the Elizabethan— quite enough, indeed, to justify the numerous parallels that have been drawn between them and even to support the contention that Shakespeare’s is the likest of all tragedy to the Athenian. Nor is the similarity so very extraordinary after all. There is naturally a kind of family resemblance among all the members of a genre. From this particular point of view life is bound to present pretty much the same aspect whoever views it. The frightful rivalry and competition, the monstrous waste of life, the atrocious expense of suffering, which are the very conditions 313 16 PH Frye of existence on the planet—from such sources all tragedy indiffer- ently must draw its materials, which are much more elemental and simple than the comparatively artificial and complex interests of comedy. But it is true that the Greeks and Shakespeare are alike in looking at these things far more piercingly and nakedly than the poets of any other nation. They see the facts more nearly and distinctly, through fewer veils and conventions. And there is, in consequence, a kind of unflinching realism about their representation of the tragic data which carries them a long way in company. Parricide, matricide, suicide, infanticide, rape, incest, insanity, sacrilege—these formed the stock in trade of the one as of the other. But such a likeness is more or less superficial, touching the matter rather the spirit. It is the resolution, the accommodation between experience and conscience, which is vital. And here, it must be acknowledged, the Athenian takes leave of the Elizabethan. While the latter was content to exhibit “the weary weight of all this unintelligible world” with hardly more than a sentimental palliative for its attocities, the former boldly attacked the problem involved in the frustration of human hap- piness, and by reconciling the discrepancy at its root, succeeded in allaying the spectators’ apprehensions for the miscarriage of justice, at the same time relieving and relaxing the passions ex- cited by such a spectacle in a manner to suggest the Aristotelian metaphor of a moral catharsis. Specifically, his problem, as he saw the riddle of the universe re- flected in the legendary and heroic mischances with which he worked, was this: why should an act which is performed with vir- tuous or blameless intent and which is to all appearance good and meritorious in itself, work irreparable mischief for its author? In order to answer this question he undertook to show, or rather to convey the impression, that such an act, whatever its motives, was in reality committed in violation of moral law and that so far from being innocent or even indifferent, it was, as a matter of fact, subversive of order and discipline. In other words, it was not merely inexpedient but wicked and on that account properly liable to disaster ; while its perpetrator himself was not merely un- 314 The Theory of Greek Tragedy 17 lucky or unhandy, but criminal as well and therefore obnoxious to correction and punishment. To take Sophocles, the maturest and clearest expression of Greek tragedy, as an example—his whole theatre seems to pre- suppose some universal and abstract principle of law and order, oor dyparta Kadady Oey voua, presiding over existence—a kind of moral police, to put it crudely—which provided automat- ically and of itself for the regulation of human affairs and for the execution and removal of disturbers, who, if suffered with im- punity, would unsettle the equilibrium of earthly things. Any deed, done in contravention of this principle or law, however innocent might be its motives, was essentially criminal, as involv- ing in fact a breach of the moral peace. Ignorance itself, like rectitude of intention, constituted no defense, though dramatically they both served to recommend the offender to the sympathies of the beholders—in short, to qualify him a tragic character; for otherwise his fate would have no particular interest—it would be a clear case of retribution, raising no doubt and occasioning no qualm. As for the remoter mystery between the law and the cul- prit’s conscience—with this Sophocles has little or nothing to do; he is content to leave such matters, as too high for him, between the knees of the gods. Only once, in Oedipus Coloneus, he at- tempts something like a vindication of their purposes. But as a general thing, what he is concerned for—and in this particular his preoccupation is sufficiently unlike ours to make its appreciation difficult—is to demonstrate the moral consistency of life as against a purely casual or mechanical coincidence and to assign to men’s actions specifically human and intelligible values of good and evil in place of the neutral and noncommittal attributions of right and wrong to their good or ill success— e OV VOMOL TPOKELVTAL bwWirrodes, ovpaviav / di aidepa TexvwHevtes dv "OdvpTrOs ‘\ / > / TATHP LOVOS, OVOE viv \ , iar Ovara picts avepwv eTiKTev, Ovde hy OTE AdOa KaTaKoy“acn* ’ feed aon , > , / > X / péyas év TovTos Oeds, ode ynpdoxet. 5¥5 18 P. HH. Frye Nor was this interpretation due to a confusion of nomenclature, as has often been assumed. Sophocles was no dupe of a vocab- ulary. Rather, if there were such a confusion of vocabulary at all, it was a concomitant result, with this interpretation, of the spirit of those who used the language. The conviction of the cor- relation of misery with wickedness, of prosperity with righteous- ness, together with what we should call the indifference to motives, which inspired the solution of Greek tragedy, was not confined to Sophocles and his fellow playwrights. . It suffused the conscious- ness of the Greeks. The happy man was the good man—we have Plato’s word for it in contradiction of the Sophists, who in their efforts to disintegrate traditional morality were beginning to ques- tion it—or as we say, for the idea is not without modern echoes, he was the man who had done well. In fact, so thoroughly was the identification ingrained in the popular mind that there was a general prejudice against misfortune as in itself an impairment of character. But while the Greek temper was consistently moral, it was consistently intellectual too. Not only were the unhappy obviously in the wrong; but since no one acted ill knowingly, all wrong doing was finally a form of ignorance or misjudgment— that is, an error of some sort. Ignorance too was criminal. And while this conception of conduct was not pushed relentlessly to its logical conclusion—for Aristotle seems to discriminate in de- barring from tragedy what can be only the man of evil impulses— yet it did tend to turn the Greeks’ attention from the motive- grubbing with which we are familiar and fix it upon the act and its consequences, which as a matter of fact furnish the only practical means of estimating the moral significance of character. Ill With these general considerations in mind it is possible to dis- pose more or less systematically and intelligibly of several details which are usually handled in a rather empirical and disconnected fashion as notations of fact rather than as consequences of a principle. In the first place it ought to be clear from this point of view why Greek tragedy should manifest itself so frequently under a 316 The Theory of Greek Tragedy 19 sort of typic form which has been described as a conflict of duties. In the light of the recent discussion it is obvious that through some such opposition as this the particular problem with which this tragedy has to do, is at once set out in the strongest possible light and receives the most satisfactory and convincing solution. A protagonist, acting, as in the Antigone, with complete faith in the sacredness of his undertaking only to discover in the end that so far from acquitting himself of his obligations he has actually incurred the penalty of an offense as serious to all intents and purposes as the debt which he has endeavored to meet—such a character affords in his own person the most striking contrast between anticipation and fulfilment and at the same time suggests the most reasonable explanation of his disgrace. As his motives are the highest conceivable on the one part, so is the tragic anomaly of his fate the most shocking and bewildering; and as his transgression is patent and undeniable on the other part, so is the rehabilitation of the moral order equally certain and reas- suring. In such wise the double requirement of Greek tragedy with respect to qualm and catharsis finds complete and ready satisfaction. At the same time, simple as the matter seems when viewed in its proper connection, it is to this very source that much of the misunderstanding of Greek tragedy must be referred. Not infre- quently thas it happened that one of these obligations or the other has lost its authority for the modern conscience with a resultant falsification of feeling for the situation. In a humanitarian age it is not surprising that Prometheus’ offense against the celestial ordinance should appear a trifle as compared with his services to mankind and that he himself should have come to be a purely sympathetic and romantic character, such as Shelley has done his best to familiarize us with. With a weakening of the ancient Civic sense, too, something of the same sort has happened to Antigone. But nevertheless it was originally this strict antinomy of approximately equal duties which afforded Greek tragedy one of the fairest opportunities for the production of its own peculiar effects, not the least notable of which was the characteristic duplicity of feeling it aroused for the protagonist. 317 20 P. H. Frye This impression, composed of the two emotions, pity and hor- ror, by which Aristotle defines tragedy—just these two and no others—is to be accounted for in the same way and by the same order of considerations as before. Not that Greek tragedy might not produce other emotions too—as a matter of fact Aristotle himself has arranged for others; but such others are adscititious and incidental. Pity and horror alone are inherent in the idea of the species and essential to its formula. Since the action of the protagonist itself bears a double face or interpretation, in qualm and catharsis, the emotions of the audience are twofold also. In as far as it is well intended and directed to an end commendable enough in itself, it arouses pity for its devoted author upon whose head it recoils with such fatal effect; while in as far as it is mischievous in fact, as it violates the celestial canon and jeop- ardizes the established order, it must needs arouse an equal horror for the rash and impious agitator who has ventured to trouble the tranquillity of men and gods. For the blind and passive suf- ferer of a fate so dismaying as that required to produce the tragic qualm, pity is the only possible emotion; as is horror for the malefactor convicted of a felony sufficiently monstrous to justify the judgment which overtakes him and so to work the revulsion of feeling necessary to the catharsis. I do not wish to insist upon the moral import of tragedy un- duly: I know how reproachful such remarks must seem to my own generation. At the same time I can not leave this topic without a protest. While I do not think that tragedy ought to preach a sermon or read a lesson, it does seem to me that nothing can be more preposterous than the contention that Aristotle, in defining the genre by the emotions of pity and horror, meant to imply that its being is exclusively esthetic, in the modern accepta- tion of the term, and devoid entirely of moral purpose or concern. As though pity and horror were necessarily immoral or amoral emotions! As though it were not a kind of misnomer to speak of them as esthetic emotions at all! That there are emotions which are exclusively esthetic even in the straightened signifi- cance now given to the word, I have no doubt. But no one whose judgment has not been warped by the perversions of a latter day 318 The Theory of Greek Tragedy 21 criticism would dream of classing pity and horror among them. For what is there so likely to move the latter as the spectacle of blind and infatuate iniquity; so likely to move the former as the spectacle of sudden and staggering adversity? The conflict of good and evil, I believe, is still, for all our sophistication, the surest and deepest of all emotional appeals. And in view of the facts I can conceive nothing more impudent than the pretension to range Aristotle among the partisans of such a doctrine as l’art pour l'art, because he has formulated tragedy in terms of the very emotions which are most closely identified with our moral perceptions. At the same time, pertinent as is his notation of that drama with which he was acquainted, it is a mistake to assume that his definition is true for tragedy in general or romantic tragedy in particular. Since neither problem nor solution is identical, as I have tried to show, it follows that the characteristic sentiment of the latter will be differently constituted with respect to its emo- tional notes. I do not mean to deny that pity and horror are in some sense elicited by every tragedy. They are both present to some extent and in some manner from the very nature of the genre. The apparent moral obliquity of the catastrophe, which is the motive of the qualm—itself, as I have tried to show, a con- stant factor—is bound to raise a kind of horror, as also a kind of pity for the luckless actor. But these feelings are quite different in timbre from the passions to which the Greek play is conditioned by its peculiar interpretation of tragic actuality. They have not the same purity or the same consistency; they are not in a fixed and definite ratio decisive of the character of the drama; they are variable and indeterminate. As a rule the modern protagonist is either a pathetic character, like Othello, or an antipathetic one, like Macbeth. Otherwise, in default of a solution authoritatively moral, we should be unable to bear his fate, to which we are reconciled, as I have already suggested, in the one case by an impression of his sentimental superiority to his situation, in the other case by a conviction of the poetical justice of his downfall. The active principle in the first case is sympathy; in the second, disapprobation. But sympathy is not identical with pity, or dis- 349 22 P. H. Frye approbation with horror. And even when our feelings for the modern hero are mixed, these are, on the whole, the sentiments between which we are divided. What pity and horror we feel are caught up and engaged with these more or less loosely. For an exhaustive discussion of the subject, however, this is hardly the place. All I wish to do here, is to point out that these two passions, pity and horror, are critical of Greek tragedy alone; and though they may enter into the general description of any tragedy, yet it is misleading to use them as a universal definition of the whole genre without reference to specific versions of the tragic paradox and specific expedients for its accommodation. For as opinion changes with regard to the tragical contingencies of life—what they are and how humanity is to be reconciled to their existence; so must the feelings and sentiments voiced by the drama change also, and along with them the attitude toward the tragic character, whose qualifications will obviously be controlled by these very conditions. So it is with the modern protagonist. And it is by the same reasoning that Aristotle’s discrimination against certain types as compared with certain others, is to be ex- plained and justified. The main difficulty with Aristotle’s doctrine of characters seems due to the fact that it makes no provision for the prevailing pathetic or prevailing antipathetic protagonist of later tragedy— in particular, and the saying has been thought a hard one, it dis- qualifies Macbeth and Richard III. But the fact is that such a type is not Greek; it does not conform to the double réle for which the Greek protagonist was cast. While it is possible, of course, to rationalize the ruin of a thorough-paced villain by the law which he has violated, yet his downfall causes no dismay and inflicts no pang; it is just what ought to happen. Hence it offers no moral problem; in the eyes of the Greek there was nothing tragic about it. On the other hand, the virtuous or pathetic char- acter is unfitted to the part for a contrary reason. While the sight of such a person suffering an untoward fate, may indeed appear sufficiently enigmatical to trouble the spectator and awaken his suspicions, yet the very nature of the case precludes the pos- sibility of a moral settlement. In the adversity of the just there 320 The Theory of Greek Tragedy 23 is neither reason nor consistency. As Aristotle says, it is simply shocking. While it does in reality express what is felt to be the tragedy of fact, while it has Naturwahrheit; it is from the Greek point of view utterly lacking in Kunstwahrheit. And the differ- ence of our own feeling in this respect serves to measure the interval between the two tragedies. On this account the only possible protagonist for the Athenian was the sort that we have had in mind all along—the fallible character, neither wholly good nor wholly bad, but liable to error. As such he is subject to pity by his infirmity and to horror by his iniquity—he is amenable equally to the requirements of problem and solution. In addition to these features of Greek tragedy, which may be regarded as primary inasmuch as they derive immediately from its postulates and are necessary corollaries of its definition, there are others mentioned by Aristotle as incidental and ancillary. Their presence is the test of a complex, as distinguished from a simple action, which hinges solely upon a metabasis or reverse of fortune, while the former may also include a peripeteia, an agni- tion, and a sensation (za6os).1 As a matter of fact, then, these secondary characters are merely special devices for reinforcing the emotional impression of qualm and catharsis, which, as he observes, is more impressive when the incidents of the drama occur contrary to expectation, and still more so when they occur by reason of one another.* So a peripeteia is defined as an effect 1 Though Aristotle fails to mention mdéO0s with wepurérea and avayvepiots as one of the differentiae of complex tragedy, he discusses it immediately in connection with these other two as a third part of the mv@os. At the same time the Prometheus Bound is opened by a md6os, if indeed the whole play is not one prolonged 7460s. Since the whole distinction is of no great importance in this connection, there is no particular use in discuss- ing it here. 261 d\d\mha. Hardly by cause and effect in the modern connotation, as the case of Mitys’ statue at Argos proves. The connection in Aristotle’s mind, I venture to think, was moral, not physical. Of course I do not mean to imply that Aristotle was without the notion of causal sequence and that he may not have had it in the corner of his eye in this case. But I conceive that his idea of cause in this instance would have included that of reason also; it would have involved an answer to the question why as well as to the question how. 22 24 P. H. Frye by which an antecedent produces, not the consequence expected, but one entirely unlooked for and yet necessary and intelligible. In much the same way an agnition is the recognition by a charac- ter of some person or object of whose identity he was at first unaware. As such an effect is likely to cause a revulsion of feel- ing and a change of intention on the part of the character con- cerned, it frequently though not invariably involves a peripeteia. A sensation, as I have ventured to translate the term dos, is a particularly harrowing incident, which instead of being reported by messenger or otherwise, is enacted under the eyes of the spec- tators. As conducive of surprise and suspense, intensity and immediacy, these effects may be looked upon as elements of plot in the present connotation of the word. To be sure, they want the elaboration of the modern intrigue, where the dramatic action has come to be developed chiefly in the sense of the “ interesting” as the dramatis personae chiefly in the sense of the “ character- istic.” But though they have remained subject to the primary uses of tragedy in the enforcement of problem and solution, yet their very presence should be a warning against a not uncommon manner of speaking as though Greek tragedy were deficient some- how in dramatic action and were largely an affair of declamation and recitation. Such an insinuation is founded only in a serious confusion. It is not unusual nowadays to talk as though a lively and bustling stage or a picturesque and striking tableau were all sufficient evi- dences of dramatic quality. But if movement and stir, spectacle and panorama were indeed dramatic, then would vaudeville be justified of its triumph. Under the circumstances it is hardly otiose to remark that for genuine drama it is hardly enough to set the characters’ legs in motion; their passions must be aroused as well. It is not so much motion as emotion that makes drama. Mrs. Siddons is said to have had a way of pronouncing Lear’s curse, while holding her arms rigidly at her sides, with an effect that was terrible beyond gesticulation. Only as the outward act gives rise to feeling or expresses it, does the act itself become dramatic. Itis not mere action but significant action that counts. Nothing could be busier than a scene of Victor Hugo’s. It is full of sound and 322 ——— eee rl The Theory of Greek Tragedy 25 fury, commotion and vociferation; and yet when you come to look inside for the internal drama which all this outward show and circumstance should body forth, what hollowness and vacuity you find! While as for the vaunted violences of the romantic stage they too miss the mark as often as not. Critics have wasted their ingenuity in trying to defend the sanguinary ending of King Lear. In spite’ of the spiritual interest and importance of the murder which closes Othello, it is a fair question whether Shake- speare has not overreached himself in strangling Desdemona in public. In all such cases the mind is so shaken or distracted by the physical act as to be incapable of attending to its ethical im- port. The impression, so far from being enhanced, is blunted by the theatrical exaggeration. On the other hand, such a poem as Goethe’s Iphigenie goes to the opposite extreme. Admirable as it is in its own way, it is lacking both in dramatic action and in theatrical activity. It has nobility; but it is the nobility of reflection, not of passion. No wonder that Goethe himself could never see it performed with patience. And yet tragedy, while representing passion, does not represent it for its own sake. Tragedy implies an aim, an end or purpose to be accomplished—a labour, wovov, an exertion. There is a fatal necessity constraining the dramatis personae to act and causing an interplay of motives, a fluctuation of emotion. To use the phraseology of the day, a play is not static but dynamic. It involves will, volition; it is not a mere state of feeling or even a succession of such states—but rather an agitation of spirit. Hence the necessity of a metabasis, as Aristotle calls it, or reverse of for- tune. And it is just the point of drama that this revulsion of feel- ing should be capable of visible translation. Of all modern dram- atists it is Shakespeare who combines most effectively this dra- matic movement with theatrical activity. It is another and not the least of his many superiorities that he should so often succeed at once in setting up a genuine dramatic action in the souls of his people and in expressing so perfectly that inner revolution by an outward and physical animation. In Racine’s tragedy, perfect in its kind as it is, there is always, it must be acknowledged, a dispo- sition to repress the latter element in accordance with the proprie- 323 26 P. HH. Frye ties of society and to rely too exclusively upon recitation alone to carry the dramatic action. As a matter of fact Corneille’s most admired effects are usually an affair of eloquence, even oratory. In this respect too much altogether has been made of the so called statuesqueness and plasticity of Greek tragedy. As long as the performance was supposed to be confined to an impossibly high and shallow stage, along which the actors were silhouetted like the figures in a bas-relief, such a conception was perhaps un- avoidable. But with the orchestra as the site of the action it is no longer necessary or plausible. That Greek acting had little of the minute realism which characterizes ours, is undoubtedly true. But that it was prevailingly declamation and recitation, that it wanted stage-effect, the text of Electra should be sufficient to dis- prove, to say nothingof Aristotle’scommentary. Indeed,on the strength of the devices that I have been speaking of—peripeteia, agnition, and pathos—M. Lemaitre goes so far as to rebuke Aris- totle for his sensationalism. Very well. But what does M. Le- maitre expect? What is tragedy if it is not sensational? And while Greek acting lacked realism, there must have been a breadth, a masSiveness, a gravity about it more suitable to the desperate purposes of tragedy, for that dark and sinister background, than our painstaking pastiche of common reality, of the speaking voice and the daily face. IV From this sort of criticism there is danger of carrying away a false and one-sided idea of the subject. In the end Greek tragedy does leave an impression of dignity, repose, and serenity, more or less suggestive, perhaps, of the epithet statuesque. But the satisfaction resides, as I have already indicated, in its treat- ment, not in its subject matter. In the latter aspect it is, if any- thing, more terrible, monstrous, and revolting than our Eliza- bethan tragedy of blood. In the German Sturm und Drang itself there is nothing to exceed the story of the Atreides, upon which the Oresteia and the two Electras are based. The re- proaches that Voltaire addressed to Hamlet might just as well have been addressed to the Oedipus. The mere repetition of 324 The Theory of Greek Tragedy 27 such names is enough to show how elemental is the substance of Greek tragedy and how helplessly its composure depends, not upon this crude and saguinary material, but upon the spirit with which it was animated and the ideas with which it was informed. As mere stuff its superiority over the Nibelungen Lied and Beowulf is not great. As drama its superiority consists in the profound moral significance with which the Greek had imbued it. And in this case the merit belongs to the race as well as the dramatist, for whose hand it was partly prepared before he touched it. It was the genius of the people which had fitted these sinister old legends for tragic treatment by deepening their content and suggestion. In themselves they are like windows opening upon a remote and savage antiquity, through which it is still possible to catch a glimpse of wild irrational powers mov- ing obscurely in the gloom, of the fitful workings of casualty and chance—perfidies of nature and miscarriages of reason. ‘Con- sider only the labyrinth of Oedipus or the ambages of Jon. These were the subjects that gave the Greek his opportunity. He was grappling with tremendous problems, he was struggling for a foothold on the brink of unreason, he was confronting the irresponsible demonic forces of creation, he was wrestling for the secrets of destiny; and the groundwork of his tragedy was vast, portentous, and preternatural. And yet out of all this confusion and anarchy there seemed to be something slowly shaping—an event, an issue, a fate—direct- ing itself more or less vaguely, in the midst of uncertainty and dread, to some far off and indistinguishable end. Careless of guilt and innocence, heedlessness and premeditation, it spared one -and spoiled another indifferently; it required the child of its parents and the mother of her son; it snared alike the crafty and the unawary, the pious and the scoffer. Unprognosticable, it did not want for records: whatever came to pass, bore witness to its passage; in particular, its trail lay over certain great houses and illustrious families. Capricious as its dealings with the individual might seem, it was impossible in the long run to deny them a kind of coherence or rough and ready logic. Was it pos- sible to go still farther: in spite of misleading appearances and 325 28 P. df: Preye occasional inconsistencies could they be reconciled on the whole with the ideal of an absolute and impartial justice? Such was the problem which the dramatists inherited. In the case of Aeschylus, however, it is evident that this attempt at the moralization of fate has by no means met with perfect success. In what remains of the Promethean trilogy, which is with the Oresteia the most significant in this respect of all his extant work, the result looks very much like a compromise. The atmosphere of Prometheus Bound is, it must be confessed, a pretty uncertain medium for the conveyance of clear ideas. It is the day after the deluge, and the air is still thick and troubled. Even Aeschy- lus himself is shaken. It would be hard to say how much of the modern feeling of security is due to a belief in the uniformity of nature, how much to a faith in the beneficence of an over- ruling providence. The latter serves to guarantee the moral order in as far as it has not become a matter of total indifference to us, for we seem to have given up any very serious thought of the establishment of such an order in the world at large; while the former acts as warranty for the physical order, with whose ascendency we seem to have made up our minds to rest content. But however this may be and whatever their relative proportions, - take away these two convictions and our world would fall to pieces. And yet Aeschylus had neither of them. He had no sense of the mechanical concatenation of nature and he had no surety for his gods. Divinity, as his religion and traditions rep- resented it, might be poetic; it was anything but moral. In a word, it was a divinity quite in the present aesthetic taste—an artistic being without moral irrelevances, which would heartily have applauded the programme, l’art pour l'art, but would hardly have made a reliable guardian of manners. In default, then, of a deity to whom the regulation of such matters might safely be entrusted, Aeschylus could only fall back upon fate itself as above and beyond the gods—or else let the moral order go by the board, and with it the only law and security for existence of which he had any conception. But if Zeus’ treatment of Prometheus was shocking, was it not equally shocking of fate to permit, to say nothing of ordaining, such an atrocity? What possible justice 326 The Theory of Greek Tragedy 29 was there in condemning Prometheus to torture for his benefits to humanity in defiance of a tyrant, usurper, and parricide, whose highest title to consideration would seem to consist in the fact that he was able to command the services of Kratos and Bia? That this question, which is obviously the question raised by the drama, is answered in a thoroughly decisive and satisfactory manner, it would be idle to maintain in the face of all the con- flicting interpretations of which the play has been the subject. At the same time I believe that even as far as it goes, the drama does answer the question partially, and answers it in accordance with the general principles of Attic tragedy. That Aeschylus sym- pathized with Prometheus, is pretty clear. No doubt the audience sympathized with him too. But notwithstanding the representa- tions of modern criticism I venture to think that he was not to the Greek the purely sympathetic character which he has become for the modern. As far as bare intention goes, he was properly an object of pity in his distress, after the usual fashion of the tragedy in which he figured. At the same time his sacrilege, which has lost its sting for us, must have made him for the Greeks an object of horror equally. Either so; or the feelings by which Aristotle defines the impression of his tragedy, must be so indefi- nite and diffused as to make his statement altogether pointless— an apercu rather than a definition. That Aeschylus makes no attempt to gloze his protagonist’s fault, ought to be decisive. Unmistakably as he sympathizes with Prometheus, it is significant that he carefully refrains from justifying him. On the contrary he appears on one occasion at least to have put an admission of guilt into his mouth—ypaprov, otk apvycoua. Nor does it matter particularly how jpaprov be translated in this connection; to err or even mistake in these matters was for the Greek, as I have pointed out, none the less a sin. In so far, then, Aeschylus keeps the idea unobscured. Prometheus suffers; but then Prometheus has violated the law for Titan as for man, and to that extent his punishment is just. And yet while this is true, it must be conceded in excuse of another range of interpretation that Aeschylus shows a little reluctance to trancher the question. It is as though the matter 327 30 PHY Frye were not quite clear in his own mind. While he refrains from justifying Prometheus, it is equally significant that he does not exert himself to justify Zeus either. Rather he represents him as himself obnoxious to justice—wherein, to be sure, he seems to have followed his traditions. For his own part, however, he is by no means sure that the law of Zeus is a moral law; while as for his act itself he evidently regards it as abhorrent in its ex- tremity and depicts it as an act of violence—a zafos in the tech- nically Aristotelian sense. Hence his reserves. He will not gainsay the offense, but his heart is divided. If both are liable— for does not fate impend upon Zeus also?—then he seems to feel as though the fault of the god excused or minimized that of the Titan. There is something wrong somewhere—with the institu- tion of Zeus, perhaps. Of one thing alone he is perfectly certain —that order is better than chaos. The rule of Zeus may be arbitrary, it may rest on force; and yet it is a rule. It may not be thoroughly equitable as yet, as an institution it may need rectification; but it is better than confusion, it is the one means to security and stability. He who resists and defies it, is guilty of an attempt to subvert the provisional moral government in the interests of anarchy. There is no help for it: he is an agitator, a disturber of the peace; he must be quelled. Prometheus, then, is the revolutionary. He is the first of mutineers, and to this fact he owes his fortune as the great romantic and humanitarian symbol. He belongs to the race of dissidents, nonconformists, insurgents, or whatever name they may be called, who revolt against a necessary discipline, tradi- tional or established, in the name of a lawless and indeterminate ideal. No wonder that he received an apotheosis in the age which promoted revolution to the rank of a political institution. He is one of that dangerous class of reformers who refuse to proceed by due process of law, who are impatient of its restraints and delays and would suddenly take the execution of justice into their own hasty hands. Like them he obeys no higher principle than his own sympathies; he will justify the means by the end and shelter in the day of judgment under the fairness of his intentions. He is the classical embodiment of individual justice ; 328 The Theory of Greek Tragedy 31 he does what seems good in his own eyes. That he would do right, is sentimentally a mitigating circumstance; his crime is that he would do right wilfully and after his own mind. That he happens to right a wrong, to anticipate a reform—that he is the noblest of rebels, makes the demoralization of his example no less—rather the greater. Nor does it affect the issue particularly that his rebellion is directed against a tentative and imperfect administration. What administration is otherwise? The illustration may seem far fetched; but I never read the Prometheus that I am not reminded of a pensée of Pascal’s. It is proper to observe right; it is necessary to observe might. Right without might is powerless; might without right is tyrannical. Right without might is disputed, because there are always the wicked; might without right is reviled. It is necessary, therefore, to unite right and might, and for that purpose to make right mighty or might right. But right is subject to dispute; might is easily recognizable and is indis- putable. Hence it is impossible to annex might to right, because might has contradicted and asserted that she alone is right. And so, since it is impossible to make right mighty, we have made might right. Not that this conception answers exactly to Aeschylus’ whole thought. What Pascal regards as a permanent state of affairs, Aeschylus contemplates as a transient condition, a mere Durch- gangspunkt. But Pascal’s notion is true enough for the moment marked by the Prometheus Bound. In order that justice may be ultimately ensured, it is necessary first to found a power capable of maintaining some sort of order and discipline, from which by a process of gradual correction and improvement may be devel- oped a more and more perfect justice, in which the rights of humanity itself shall receive their proper recognition. Such is apparently the condition on which Zeus is suffered to reign; he too must adjust himself to a higher principle than his own con- veniency. For the correction and perfection, as for the main- tenance, of that moral order to which the obedience of inferior beings is due, Zeus himself is answerable to the fate which pal- pably overhangs him throughout the tragedy. He must reconcile himself with Prometheus, he must find a modus vivendi with the champion of mankind, which has its rightful place also in the universal polity—before his sovereignty is confirmed. If the 329 32 Peds ee conclusion of the trilogy were in evidence, it is probably with this accommodation that it would deal. The first necessity, how- ever, is to create the idea of justice and to establish it. And if Zeus is justly on probation for his management, Prometheus is no less justly in duress for rebelling, in the hot-headed old Titanic fashion, against the sole authority by which this result may be accomplished and its fruits secured. Before the advent of justice the world must be broken of Titanism. Such, it seems to me, is the sense of the drama; and the Oresteia tends, I think, to confirm this conclusion. The theme is the same in both instances. In the latter case, however, where we have the whole story, there is less danger of mistaking its purport. The only difficulty is that just as the modern reader’s impression of the Prometheus is falsified by a failure to feel the horror of Prometheus’ sacrilege, so here his judgment of the Oresteia is liable to be warped inversely by an inability to feel the pity of Orestes’ murderous legacy. What requires emotional correction with respect to the tragic passions at present, is not the odium but the pathos of the action. There is nothing equivocal about Orestes’ guilt: matricide is as abhorrent to-day as it ever was. But private vengeance is no longer recognized as a duty; there is nothing that is sacred, little that is sympathetic, about it. In the mind of the Greeks, however, who appreciated the obliga- tion of the latter as fully as the abomination of the former, the situation inspired the usual tragic duplicity of feeling. They were of a temper to be touched by the dutifulness of Agamem- non’s avenger and to be horrified at the impiety of Clytemnestra’s executioner. Otherwise I am at a loss to account for my senti- ments in reading the trilogy; for I must confess that my wishes are for the success of Orestes and his sister, much as I may reprobate the deed by which it is assured. Nor is this the senti- ment of the situation as such; it is not in the Electra of Eurip- ides. The Aeschylean Orestes, though a criminal in act, is no epileptic monster like the Euripidean: albeit he does not lend himself so readily to humanitarian attitudinizing, there is as much to be said for him as for Prometheus. And curiously enough it is Euripides who finally says it, though not much to his 330 Es The Theory of Greek Tragedy 33 advantage, in vilifying Apollo as the instigator of his crime. As for Aeschylus, however, he accuses Apollo no more than he does Zeus—for one thing which romantic criticism has overlooked is the fact that if Zeus is to blame for Prometheus’ plight, Apollo is equally to blame for Orestes’ and with less excuse because without provocation. At best the circumstances are different, the responsibility is the same. It is fair, therefore, to argue that Aeschylus’ idea must have been alike in both cases. But if any- thing is clear, it is that the author of the Oresteia is no romanti- cist; he is not disintegrating the moral edifice but cementing it; he is not relaxing discipline but tightening it. It is not at Apol- lo’s expense that he claims the audience’s pity for Orestes, whose saving virtue, as compared with Prometheus, is his submission to authority. What is impossible and intolerable in his situation is the fault of an imperfect and makeshift institution, the lex talionis, whose whole enormity is finally demonstrated in the fatal dilemma of this last sad inheritor of a bloody old tradition. The impulsive movements of private retaliation must give way to the deliberate decisions of an impartial and dispassionate court. And though it would be an insult to justice, were the per- petrator of what is after all a monstrous crime, allowed to go scot free, yet it is only equity that he whose sufferings have been the occasion of reform, should benefit by the amendment to whose adoption he has at least contributed. In these pieces at which I have glanced as those most critically interested in the method and conception of Attic tragedy, Aeschy- lus is concerned mainly for the reconciliation of might and right through the medium of divine legislation—what we should call - nowadays in secular terms the evolution of justice. The subject corresponds with his place in the history of tragic ideas and re- sponds:to the conscious craving for a definite moral constitution. His problem is one of institutional morality—if such a phrase is permissible in such a connection; its solution is an affair of moral statesmanship and administration. Personally I do not believe that a more tremendous tragedy than Agamemnon has ever been written; I do not know of any tragic impression more awe-inspiring than that produced by Cassandra arrested by the 331 34 P. H. Frye spirit of prophecy at the door of the Atreides’ palace. For this reason I hesitate to call the problems of private morality deeper and necessarily more tragic, after the current manner of speak- ing. But at all events they are different; and it is these prob- lems, raised by spontaneous impulses and by promptings of con- science hopelessly at odds with the determinations of life and society, which are Sophocles’ peculiarly. In Prometheus and the Oresteia the tragic schism is wholly external; it is due to a maladjustment which may be corrected without permanent harm to the persons involved. But every anomaly felt as tragic is not to be explained or reconciled so happily. There are instances in which it is inherent and fatal; in which it involves an organic lesion. It is so with Oedipus; not only is his crime his own but the responsibility is his also. Unlike the Aeschylean Orestes he acts by and for himself and at his own peril. To be sure, it may be said that like Prometheus he acts in behalf of others and in the interests of the general whether or not by prescription. But there is a difference. It is not without intention that Sophocles has centered the drama, not upon that portion of his protagonist’s career which has been mazed and darkened by celestial counsels, but rather upon that portion in which he, the child of fate—zais rvyys, .as he calls him- self with cruelly unconscious irony—has the temerity to act by his own lights with infatuate confidence in the clarity of his own vision—he, the puppet of destiny, blindfold from birth, who has never taken a step with a full sense of the conditions and con- sequences of his action. It is this pretender to clairvoyance, this dabbler in enigmas, the reader of the riddling Sphinx, whom Sophocles represents as pretending lightheartedly to unravel the mystery of his own being. He is a great criminal, to be sure; but he has become so inadvertently and as a result of such a skein of fatality that it is doubtful whether his lot would not be wholly pitiful (as, indeed, many have found it, le grand Corneille among them, who have failed to attend strictly to the action) if it were not for the pertinacity with which he is seen to pursue destruc- tion in insensate conceit of his own sufficiency. And to the same effect the length of time which is supposed to have elapsed since 332 The Theory of Greek Tragedy 35 his crimes—so long have they lain concealed that they would seemed entitled to a measure of immunity, as by a kind of unwrit- ten statute of limitations, were it not for the fact that he himself is the one who finally unearths them. Had he been brought to account by another, it would have appeared little better than a divine inequity. I do not believe that any one can read the trag- edy intelligently without being sensible of presumption, of gross moral impropriety in the bias whereby Oedipus is impelled to seek for himself the solution of his own problematic existence. It is no correction of institutions that will mend his case— nothing but a reformation of the entire character. With all this I am puzzled to understand why the Oedipus has never received the same sort of philosophical rating as the Prometheus. Its significance is, if anything, more profound and is certainly much more general. It is the very type of life universal. While lending itself with equal readiness to “sym- bolic” interpretation, it has never been surpassed as a figure of human responsibility in particular. We are all of us without exception in Oedipus’ case—rounded like him with ignorance and mystery, and yet obliged to act incessantly and at our own hazard, so that our every step seems a presumption deserving of disaster and our every judgment an arrogance inviting rebuke and humili- ation. Of all Greek tragedy the Oedipus Tyrannus seems to me not only the most characteristic of the genius which produced it but also most applicable to our hapless human lot. At the same time I must confess to a particular affection for the Electra. Perhaps it is the situations that especially please me—Orestes at the gate of the palace overhearing his sister’s lamentation; Electra herself with the funeral urn in her hands; the recognition with its sudden revulsion of feeling. In the face of the impending abomination there is something singularly affecting in the attachment of these two ill-starred children of a murdered father—the dependence of the one, the assurance of the other. But however this may be, the important matter for the inherence of Sophoclean tragedy is the shift of the traditional center of interest from Orestes himself to his sister. However it may be with him, she at least is under no divine com- 295 36 £... Prye pulsion. Her only abettor is her conscience. She acts of her own accord and by the exigency of her own nature. But after all the clearest illustration of Sophocles’ conception of the tragic as something intimate and essential is to be found in neither of these pieces but in the Antigone. Ethic I was about to call it. And for that matter what is the source of tragedy in the Antigone but the collision of an ethic with a moral principle—of the fatal propensities of character with the pre- scriptions of social or civil expediency or necessity? It is the usual Sophoclean theme, the theme of Oedipus and Electra; but it comes out here more distinctly than elsewhere on account of what appears to us the superior sanctity of the former, the individual principle—or rather, probably, on account of the com- parative insignificance of the latter. And yet in view of the Greek’s devotion to his city—a devotion for which, narrow, shortsighted, and suicidal though we esteem it, he showed him- self willing again and again to sacrifice every advantage and undergo every hardship, I can not make so light of Antigone’s contempt of what to her countrymen was patriotism as do many critics for whose opinions I usually feel the greatest deference. What else was her conduct in Greek eyes than treasonable? And little as we are at a point of view to appreciate this sentiment (though this is by no means the only instance on record of sec- tional or parochial animosity or of the obliquy incurred by non- adherents of local or party politics) I still believe that Antigone’s disloyalty to the polity—or what was bound to seem such in the heat of a great public excitement—must have been a scandal to a Greek audience, which was, on the other hand, in no less favour- able disposition of spirit, in comparison with us, to sympathize with her religious scruples as distinct from the purely personal pathos of her condition and being. And so it is, I believe, that Sophocles intended her to appear—like other tragic protagonists, as an object of horror no less than of pity ; otherwise there would be something gratuitous in the extraordinary severity which characterizes his chief magistrate, by her attitude to whom, as the representative of the government, Antigone’s faithlessness to the commonwealth is dramatically measured. To be sure, 334 —... The Theory of Greek Tragedy 37 such asperity is natural enough to a person or a people in the reaction succeeding immediately upon a tremendous crisis. But if that were all, if the point were merely psychological, Sophocles would hardly have been so careful to restore the equilibrium by meting out a final judgment to Creon for exceeding the just measure. There is no doubt, it seems to me, about his intention; he will not countenance contempt of the supreme impersonal law on the part of an individual whatever his or her title on other grounds to admiration or respect; for “value dwells not in par- ticular will.” But at the same time, while Antigone fits the framework of its genre and is no exception to the general definition of Greek tragedy, I am well aware that for us to-day, whose ideas of re- ligious and civic duty are so different, such an interpretation must seem far fetched and forced. Indeed, there is no tragedy, I fancy, even of the Greeks, with respect to whose moral bases we are at such a disadvantage. The burial motive is as remote from our instinct as the cult of the city; we are as unfitted to respond to the one as to the other. It is the person of the heroine almost exclusively that appeals to us. Elementally she is not the representative of any special duty or set of duties— though if she were not sustained by a sense of duty, she would not be the noble and touching figure she is. For our emotions it is not the mere political and social crux which makes the play— this is but the vehicle; it is the case of conscience. What renders the tragedy peculiarly affecting among the tragedies of Sophocles, what gives it its specific favour is not merely the bare dilemma— the consciousness of rectitude which can neither surrender its convictions without shame nor persist in them without ruin, but the nature of the protagonist—her sex and youth, her ill-omened birth and her attachment to the son of her executioner. No wonder that she has become for the modern one of the great sympathetic characters of literature, like Cordelia, and her tragedy a sentimental one. On the other hand, while Sophocles holds the scales even— while he gives the ethical and the moral elements alike their due —to the heroine’s womanliness its meed of compassionate admi- 335 38 Po. Fege ration as to the tyrant’s arrogance its fitting correction, at the same time that he asserts the existence of a higher authority than the judgment of particulars—yet for all this, which escapes us more or less but was clear enough to the Greeks, I would not assert that he himself had in mind any such fleshless formula as that which I have applied to his work. All I mean, is that he con- ceived in a certain way and to a certain effect, which I have tried to analyze—roughly and bunglingly enough, I dare say. No doubt he worked by touch, not by measure. He was not likely to stop to anatomize an effective subject if it yielded the proper emotions on inspection. But that in spite of the modern perplexity of its theme and the spontaneity of its creation the Antigone does take down regularly, I have tried to show. Gen- erically and schematically it is, like the other works of its author, the tragedy of the individual will. In general terms, it is from the same source, the conflict of the ethic with the moral, that Euripides derives his drama. But unlike his predecessors he fails to sustain the supremacy or even the importance of the latter principle, and failing to do so, misses the distinctive double note of Greek tragedy. His favourite pro- cedure is to represent morality as a hollow convention or tradi- tion with little or no title to reverence or credit. As a result his characters are either interesting sinners like Medea and Phaedra or superstitious bigots and credulous gulls like Orestes and Mene- laus. They are seldom or never actuated by conscience or con- viction, a sense of duty or obligation, but impulse or appetite, desire or caprice. Like Racine’s heroes and heroines, they are creatures of passion, not of resolution—they suffer their destiny rather than incur it. Of the same order too are the motives of his divinities like the Aphrodite in Hippolytus or the Apollo in Ion. As his tragedy is destitute of a principle of any kind, it has no minatory or exemplary force to speak of. If it is moral at all, it is so, not in the Aeschylean or Sophoclean, but in the modern, the humanitarian, manner. In this one sense, since his drama—with the exception of a few artless and appealing but hardly tragic figures, like Iphigenia, who are usually the dupes or victims of the plausible and unscrupulous knaves about them— 336 The Theory of Greek Tragedy 39 since his drama is a marvellous illustration of the vices, frailties, and weaknesses, the “humanity” of mortals, its author is not undeserving of the epithet with which he has been graced by a late romantic admirer, “Euripides the human’”’—an attribution with whose sentiment a majority of Athenian critics would prob- ably have concurred. In these respects Euripides is not very unlike Ibsen. Like the latter he too is unmistakably decadent and obsessed by the nightmare of ugliness. It is not so much, perhaps, that he dotes upon the sordid, the base, and the malodorous—though at times he displays no little complacency in their depiction—as that they haunt and fascinate him; they block up his view till he can see little or nothing else. As far as he is concerned, the heroic has ceased to exist; Helen is a baggage, Agamemnon a politician, Menelaus a cuckold, Ulysses a trickster, Orestes an epileptic. For the tragic emotion of horror he substitutes disgust; for the moral qualm of his predecessors a shrinking of the flesh, a sense of physical repugnance and nausea. His most distinctive dra- matic effect results from a certain uncanniness of character and motive. He is temperamentally ambiguous, equivocal, evasive, shifty. He is prone to blink the issue, to refuse to look the tragic fact square in the face. His instinct is to deny it, if possible, to juggle it away by some trick of theatrical legerdemain; at all events to deprive it of moral relevence and competency. It is evident, for instance, that he can see no sense, no reason of any kind in the sacrifice of Iphigenia. It is merely odious to him as it was to Racine centuries later. And yet what becomes of the tragedy without it? There is no apparént violation of justice, nothing to raise a doubt or suggest a suspicion; there is no qualm, no agony of question, no mystery at once terrible and revelatory. It is all perfectly simple, open, and morally intel- ligible. The interest centers exclusively upon the dramatis per- sonae and their conflicting emotions. It is distinctively a modern, a psychological play. As contrasted with the Aeschylean and Sophoclean tragedy of principle, it is concerned solely with char- acter and its expression. In the Electra, on the other hand, the absence of a clear 337, 40 P. H. Frye moral issue has resulted in what is mainly a drama of incident. Orestes is nothing more or less than a monster for his pains, Apollo a scoundrel for instigating him to an unnatural murder; that is all there is to it. Aside from the morbid psychology incidental to the situation attention has nothing to perch upon except the stratagem and imposture by which Aegisthus and Clytemnestra are disposed of. The tragic problem has vanished completely ; there is nothing left but a particularly harrowing and truculent melodrama. As a result of his inability to make anything out of his fables and his impatience with the interpretations of others Euripides is reduced, in the article of theme, to the secondary réle of critic. This is his fundamental weakness as a playwright. It shows itself in the loose construction, the faulty economy, the feeble effect of his individual dramas taken each as a whole, to say noth- ing of his faultfinding digressions on the management of his pre- decessors. In particular, since he sees no sense in his action as such and has no inkling of its final cause or rationale, it is only with the greatest difficulty that he can bring a play to a close at all—only by some conventional or arbitrary expedient, a dra- matic cliché or theatrical miracle. As a matter of fact, his pieces seldom conclude; they terminate. Hence his abuse of the deus ex machina, which in contradicting or interrupting the logic of events, is to all intents and purposes a nullity, as in Iphigenia at Aulis, or else is effective only in dispelling the illusion, as in Orestes. The effect of all this activity was inevitably to discredit and invalidate the value of the symbols with which Euripides himself was obliged to work. In transforming in this way the old myth- ology into a new psychology his treatment of his matter resulted in dissolving its moral ideas and in emptying it of its moral con- tent. But inasmuch as he had nothing else to build upon, he virtually knocked the ground from under his own feet and was obliged to search his materials for other means of defraying the expenses of a public performance. It is for this reason that in turning his attention from the sense of the transaction as a whole, he comes to make so much of its constituent moments. 338 The Theory of Greek Tragedy 4I Unable to comprehend the ebb and flow of the tides, he can only admire the ebulliency and agitation of their surface. In this manner he becomes the dramatist of passion. This is his merit and distinction. For this kind of thing he was eminently fitted. Before he created them, such figures as Phaedra and Medea had never been dreamed of; and in some respects they have never been surpassed from that day to this. And yet this limitation— for limitation it is to see nothing but the passions to which an action gives rise and to miss its moral import as a whole—results in laying the principal dramatic stress upon sentiment; it makes the pathetic the sole effect of tragedy. It is in this respect, then, that Euripides, the most imitated as the most consonant of classic dramatists with later tastes, serves as a kind of transition between the serious drama of ancient and modern times. In his case interest had already begun to shift from moral to psychological problems, from the quality of actions to the characters of men and the activities of nature. It-is as though he had undertaken to forecast the terminals to- ward which the modern drama would move in its evolution, even to the amorphous and indiscriminate drame into which tragedy proper has finally degenerated, not to speak of the Shakespearean tragedy of character which he may have influenced in a measure through Seneca and the Racinean tragedy of passion of which he was obviously the direct and immediate inspiration. 399 wet. ane 4 Ln ‘ dias, ono | i e ; = ee ee Ae ae vy Fees II—ON THE APPLICATION OF THE PRINCIPLES OF feinin Lv kIC TRAGEDY IN’ THE CLASSICAL DRAMAS OF SWINBURNE BY OLIVIA POUND The Atalanta in Calydon and the Erechtheus of Algernon Charles Swinburne represent signally successful attempts to re- produce Greek lyric tragedy.1 The two plays follow the rigid type of the classical drama, and to many have seemed more like inspired translations than imitations; although it is in structure or form, rather than in their spirit or the view of the world which they present, that their antique inspiration reveals itself. Swin- burne was so steeped in classical learning that he seemed to be able to place himself back in the time of the Greek dramatists and to express his ideas in their way. The ideas themselves are often modern; but in giving to his theme dramatic form he ex- perienced again, as it were, the sensations of the classic poet. When all is said, he is much more than a mere imitator. Save for the romantic and lavish character of his expression and for his occasional sophisticated modernism of mood, he may well seem the reincarnation of some ancient Greek. It has seemed of interest and value to try to apply to the two 1 Atalanta in Calydon (1864). Erechtheus (1876). The citations in this paper are from the collected edition of 1904, Vol. IV. For critical discussion of Swinburne’s work, see especially T. Wratis- law, Swinburne (English Writers of Today series, 1900); G. E. Wood- berry, Swinburne (1905); Edward Thomas, A. C. Swinburne: A Critical Study (1912); also W. R. Nicoll, “ Algernon Charles Swinburne” in The Contemporary Review, May, 1900; J. R. Lowell, “ Swinburne’s Tragedies,” in My Study Windows; W. Francke, A. C. Swinburne als Dramatiker (1900), and others. For the most part these discussions give incidental treatment of Swinburne’s individual plays, and are written wholly from the aesthetic point of view. The citations from the Greek dramas of Sophocles, Euripides, and Aeschylus are from the Teubner (Leipsic) texts of these dramas. 341 2 Olivia Pound classical dramas of Swinburne the principles of Greek lyric tragedy, to discover how far he conformed to them. The topics to be dealt with in examining his plays are, in order, the chorus, the characters, the dramatic motives, the observance of tlie unities, and the handling of the plot. The aim is not to give literary appreciation of Swinburne’s dramas, but to present a study of them from a specific point of view. In both Swinburne’s classical plays the chorus is an important factor. In Erechtheus, Swinburne achieved more nearly the perfect type of Greek tragedy than in the earlier play. The chorus of this play is composed of Athenian elders. They are the “ideal spectators” of Greek drama. These elders are in complete sympathy with the distracted king, and become his con- fidants. They approve what is well said, give advice when it seems needed, and, in general, reflect the feelings of the leading characters of the play. The Chorus in Atalanta in Calydon serves much the same purpose. It is composed of maidens who are on their way to make an offering to Artemis. They serve as the confidants of Queen Althaea. Though they cannot approve of many of her passionate outbursts, they pity her and seek to console her. The first choral ode of Erechtheus is narrative.2 It tells how the Thracian forces, urged on by Poseidon, have risen against Athens. The oracle at Delphi has been consulted, and the Athenians are fearful of its answer. Already two daughters of Erechtheus have been carried away by the gods. Enough sorrow has come upon the house and upon the city of Athens, The fruitful immortal anointed adored Dear city of men without master or lord Fair fortress and fortress of sons born free.? After the Queen Praxithea has told the chorus that she must sacrifice one of her remaining daughters to appease Poseidon, the chorus sings how the first sorrows‘ of Erechtheus came from 2 Cf. Sophocles, Oedipus the King, ll. 151-215. 3 Erechtheus, p. 345. 4Cf. Aeschylus, Agamemnon, ll. 351-502. 342 Greek Lyric Tragedy in Dramas of Swinburne 3 the north, when the north wind stole away his daughter Oreithia. Now another child must be given to appease the sea. The next ode is a lament for Erechtheus’ daughter, Chthonia, whose sacrifice® is imagined in this ode. Its burden is grief and death. When Chthonia says farewell and goes forth to die, the chorus extols the maiden’s great love for her country. This leads to a hymn to mother earth, for whose sake Chthonia is to die. The last choral ode of this play follows the report that Chthonia’s sisters in remorse have slain themselves. This song is full of fear, foreboding, and horror of war.® At last the chorus appeals to the sun. His light appearing through the clouds gives them hope. In Atalanta in Calydon, the themes of the chorus are not re- lated so closely to the plot of the play, but are suggested by the situations. The first song, a hymn to Artemis, is on “ The Youth of the Year.” This is one of the most beautiful passages in the drama and is a part most commonly quoted.” When the hounds of spring are on winter’s traces, The mother of months in meadow or plain Fills the shadows and windy places With lisp of leaves and ripple of rain; And the brown bright nightingale amorous Is half assuaged for Itylus, For the foreign ships and foreign faces, The tongueless vigil, and all the pain.§ Another chorus® is on “ The Life of Man.” This was a theme’? familiar to the Greek tragedians, as is also that of the next chorus," “Love and Love’s Mates.”!? “The Injustice of the 5 Cf. ibid., ll. 40-263. 6 Cf. ibid., Seven against Thebes, 1\. 286-306. 7 Atalanta in Calydon, p. 249. 8 Cf. Euripides, Medea, 11. 824-842. 9 Atalanta in Calydon, p. 258. 10 Cf. Sophocles, Antigone, ll. 335-388. 11 Atalanta in Calydon, p. 273. 12 Cf. Sophocles, Antigone, ll. 781-788. 343 4 Olivia Pound Gods,’’** the theme of another ode, is not unfamiliar to the classic poets. But the words that are put in the mouths of the maidens of the chorus are altogether too sophisticated. This is one of the few places where the thought of the play is out of harmony with Greek ideas. The theme of this chorus will be discussed farther on in connection with dramatic motives. The chorus on “nature ’’* is almost as beautiful as that on “The Youth of the Year” and might be compared with the chorus on nature in Iphigenia among the Tauri 1. 1089. This chorus is like one of the joyous dance songs*® frequently used by Greek dramatists to emphasize a situation by way of contrast, when an unusually tragic scene is to follow. The hopes of the reader are raised by the exultant note of the chorus, only to be changed to despair when the messenger enters and announces that Meleager has slain Toxeus and Plexippus in a quarrel over the spoil. Much the same effect is produced by the contrast be- tween the chorus, “The Youth of the Year,” and the ominous words of the queen that follow.t® The last chorus “ Fate ”* has somewhat the same theme as that on the “Injustice of the Gods”; but it contains no ideas that would have been unfamiliar to a Greek audience."* The choral odes, though not so closely connected with the plot of the play, as are most of the choruses of Aeschylus and Soph- ocles, are not so irrelevant to the action as are some of the choral odes of Euripides. In some respects, however, the choruses bear a greater resemblance to those of Euripides than to those of the other Greek dramatists. Swinburne, like Euripides, is apt to sub- ordinate thought to emotion. Each poet had the power of pro- ducing a wealth of radiant imagery. In the plays of both a cer- tain feeling of excitement is stimulated, which in the case of Swinburne often seems abnormal. Both poets were likely to be carried away from their main theme by the opportunity for 13 Atalanta in Calydon, p. 284. 14 [bid., p. 206. 15 Cf. Sophocles, Antigone, ll. 100-162; Oedipus the King, ll. 151-215. 16 Atalanta in Calydon, pp. 249-251. 17 Tbhid., p. 312. 18 Cf, Sophocles, Antigone, ll. 901-908. 344 ———— eee Greek Lyric Tragedy in Dramas of Swinburne 5 poetic flights afforded by the choral odes. Even the chorus on “ The Injustice of the Gods” has, in a way, an Euripidean flavor.. Some of Euripides’ characters,’ if not his choruses, are made to criticize the gods. But in none of the passages of Euripides that brought on him the charge of disbelief in the gods did he go as far, in his hostility to deity, as Swinburne’s chorus of Calydonian maidens when they sing :*° None hath beheld him, none Seen above the other gods and shapes of things, Swift without feet and flying without wings, Intolerable, not clad with death or life, Insatiable, not known of night or day, The lord of love and loathing and of strife Who gives a star and takes a sun away. Who shakes the heaven as ashes in his hand; Who seeing the light and shadow of the same Bids day waste night as fire devours a brand, Smites without sword, and scourges without rod; The supreme evil, God. It is in these choral passages that Swinburne’s genius is best revealed.*. He delighted in experimenting®? with various forms of verse, and the possibilities of the chorus gave him ample opportunity. It sometimes seems as if in these poetic flights he lost sight of the main object of his drama. On the whole, how- ever, Swinburne’s choruses fulfill the requirements stated by Horace :?8 The chorus, like the other personages, should take a vigorous part in the action and must never in the songs between the scenes introduce any- thing irrelevant and unsuitable to the purpose of the drama. They should support the better side with friendly advice, should direct indignation and be ready to console grief. 19 Cf. Hercules, 1316, 342, 1341. 20 Atalanta in Calydon, p. 287. 21 Discussion of the metrical structure of the odes is omitted. The topic is too intricate to be included within the limits of this paper. 22 See the letter from Swinburne to Stedman, The Dial, 1909, vol. 47, pp. 5-7. 23 Epistles, II, 3, 193. 345 6 Olivia Pound The chorus is not used merely to heighten the tragedy by songs on some theme suggested by the situation. As in the classic dramas, the chorus takes an active part in the development of the plot. In Erechtheus it is to the chorus that the herald of Eumol- pus gives the summons to the last struggle between the Athenians and the Thracians. With this messenger the chorus engages in stichomythic matching of wits. In transitional passages in both plays two-line speeches of the chorus are used.** In Greek tragedy two-line speeches were especially common in quarrel scenes. When Chthonia passes from the palace to the sacrifice the chorus shares with the queen, Praxithea, in her farewell. In Atalanta in Calydon the queen, Althaea, tells the chorus of her frightful dreams,?> and of her foreboding. They sympathize?® with her when she struggles against the curse of the gods. In the scene?’ of the Death of Meleager they have as important a part as any of the characters. Alternating with Atalanta, the king, Oeneus, and the dying Meleager, they raise the lyric lament,?® while the hero wastes away, as the fatal brand burns on the pyre of Althaea’s brothers. Distinctive, like the use of the chorus, of Greek dramatic con- struction is the limitation of the number of characters who may appear on the stage at one time: this where our native dramatic principles allow utter freedom. In the Erechtheus the number of characters appearing on the stage at one time conforms strictly to the rule of the Greek drama. There are seven characters in this play, and in no instance are more than two present and taking part in the action with the chorus. In Atalanta in Calydon, the earlier of the two plays, Swinburne does not conform so closely to the rule that not more than three speaking personages should be on the stage together at any time. In the scene of the quarrel between Meleager and the brothers Toxeus and Plexippus, there 24 Atalanta in Calydon, p. 268; Erechtheus, p. 353. 25 Atalanta in Calydon, pp. 251-258. 26 Jbid., pp. 307-317. 27 Tbid., pp. 322-320. 28 Cf. Greek commos. Sophocles, Electra, ll. 121-254, Aeschylus, Seven Against Thebes, ll. 677-711, Swinburne, Erechtheus, pp. 374-376. 346 Greek Lyric Tragedy in Dramas of Swinburne 7 are six speaking characters present. This, however, is one of the few instances where either play varies from Greek tragedy in principles of construction. It might be expected that a nineteenth century dramatic poet would surely present characters that were individual rather than representative of some type. But Swinburne’s characters seem to have no more individuality than most of those in Greek tragedies, and probably not so much as some characters in the plays of Euripides. Erechtheus is the type of the loyal, devoted king, ready to make any sacrifice for his kingdom. He is noble, proud of his people and of his city. His destiny seems the more tragic, because he has been as faithful to the gods as to his country. Though fate is manifestly unjust to him, he does not complain, but sturdily yields to his sense of duty. He embodies the Greek ideal of moderation in all things. He and his queen, Praxithea, are both of mood Equal, in good time reverent of time bad, And glad in ill days of the good that were.?9 Nor is his submission weak-spirited. When he goes forth to die his words are as heroic as a king’s should be: And with such mortal hopes as knows not fear I go this high last way to the end of all.3° Chthonia, Erechtheus’ daughter, is a character unusually lov- able; but she, too, seems to represent a type rather than an indi- vidual. She is as courageous as her father, as proud of Athens, and as ready to die, if she may save her city. This heroism is softened by her tender love for her mother.*t She seems an engaging child like Iphigenia, rather than a self sacrificing heroine like Antigone. In Atalanta in Calydon the characters stand out more clearly, but still represent types, with the possible exception of Althaea. Atalanta is a human Artemis, a strong character, 29 Erechtheus, p. 349. 8° Tbid., p. 360. $1 7bid., p. 376. 347 8 Olivia Pound Most fair and fearful, feminine, a god Faultless.?2 Meleager typifies the headstrong warrior, brave, glorious in his youth, and impetuously rushing to his fate. Althaea’s brothers, Toxeus and Plexippus, are arrogant, overbearing, and jealous. By their own rashness they bring the anger of Meleager upon them. Althea is the strongest of the characters in these two dramas. Though she has many human traits, she seems to personify the fate that demands revenge for the slaying of kin. From her first words it is seen that she forebodes the outcome of the hunt that has been arranged to free Calydon of the wild boar sent by Artemis. She meets the chorus of maidens who are on their way to make an offering to the goddess of the hunt. They have just completed their hymn to Artemis, when Althaea throws gloom over their rising hopes.** Night, a black hound, follows the white faun day, Swifter than dreams the white flown feet of sleep; Will ye pray back night with any prayers? And though the spring put back a little while Winter, and snows that plague all men for sin, And the iron time of cursing, yet I know Spring shall be ruined. with the rain, and storm Eat up like fire the ashen autumn days.*4 In a long monologue she tells the chorus of the coming of the fates when her son Meleager was born, how they had told her that he should live no longer when the brand then in the fire should be burned. So she drew forth the brand and kept it. There are many human touches in this narrative. When she describes the strange dreams the gods have sent her she says: seeing I see not, hear And hearing am not holpen, but mine eyes Stain many tender broideries in the bed 32 Atalanta in Calydon, p. 260. 33 Atalanta in Calydon, p. 251. 34 Tbid., p. 255. 348 : Greek Lyric Tragedy in Dramas of Swinburne 9 Drawn up about my face that I may weep And the king wake not; and my brows and lips Tremble and sob in sleeping like swift flames That tremble, or water when it sobs with heat Kindled from under.?® Other human touches are given when she tells how she bent over the child when the Fates had told her how she might save him: Wherefore I kissed and hid with my hands, And covered under arms and hair, and wept, And feared to touch him with my tears, and laughed ;36 So she had kept the brand for years, and Meleager had grown to manhood. But the gods have sent her new dreams, and she can not tell whither the fates draw her.*? After an ode by the chorus, Meleager enters and stands by his mother viewing the forces that are gathering for the hunt. In perfect sympathy they watch the moving band, commenting on this hero and that. When Althaea’s brothers appear Meleager says :38 Next by the left unsandalled foot know thou The sail and oar of the Aetolian land, Thy brethren, Toxeus and the violent-souled Plexippus, over-swift with hand and tongue; For hands are fruitful, but the ignorant mouth Blows and corrupts their work with barren-breath. This leads to controversy that is carried on in stichomythia. In genuine Greek fashion Swinburne makes use of the parallel dialogue, suggestive of debate, that so delighted the forensic- loving Athenians. Althaea warns Meleager that whoever fol- lows the ways fixed by the gods prospers, but the fates pursue the 85 Cf. Greek rheses, set rhetorical speeches. There are seven of these in Atalanta and three in Erechtheus, averaging one hundred lines each. Com- pare Sophocles, Ajax, ll. 815-865, Euripides, Daughters of Troy, ll. 1156- 1200. 36 Atalanta in Calydon, p. 256. 37 [bid., p. 257. 38 [bid., p. 263. 349 10 Olivia Pound one that is perverse. She has realized that Meleager is yielding to love for Atalanta, who has turned against custom and devoted her life to Artemis. A woman armed makes war upon herself, Unwomanlike, and treads down use and wont And the sweet common honor that she hath,39 Meleager though moved by his mother’s words persists in his worship of Atalanta. Then Althaea gives a final warning. In this she manifests the spirit of the relentless vengeance that she later seems to personify.*° Live if thou wilt, and if thou wilt not, look, The gods have given thee life to lose or keep, Thou shalt not die as men die, but thine end Fallen upon thee shall break me unaware. Later in the play, when the messenger brings the news that Meleager has slain Plexippus and Toxeus, Althaea utters a lament that shows wonderful love and sisterly gratitude.** She is torn between love for her son and for her brothers.*? At last the spirit of her mother seems to drive her to blood atonement. She becomes, as it were, the avenging spirit of her house.** Fate’s are we, Yet fate is ours a breathing-space; yea, mine, Fate is made mine forever; . . . you strong gods, Give place unto me; I am as any of you, To give life and to take life. The stock character, the messenger, is used by Swinburne, as by the Greek tragedians, to describe some situation or action occurring outside the “unity” of place. None of his messengers have any individuality. They are “idealized” messengers, and 39 [bid., p. 265. 40 Tbid., p. 272. 41 Atalanta in Calydon, p. 308. 42 Tbid., p. 300. 43 Thid., p. 314. 35° Greek Lyric Tragedy in Dramas of Swinburne II give utterance to some of the most brilliant descriptions in the two plays. The display of oratory in these vivid narrations of the messenger is strikingly Euripidean. The importance of the messengers in developing the plot will be considered later. The main dramatic motive of Atalanta in Calydon is the inex- orableness of destiny, a theme used so often by the Greek dram- atists. When Meleager was born the fates had decreed that he should live no longer than the brand on the hearth should burn. This was the will of destiny. The end might be postponed but was inevitable. Meleager’s mother becomes the unwilling agent of the fates. It is hinted that fate in his case is retribution, be- cause Meleager persisted in his love for Atalanta, “a maid hal- lowed, and huntress holy, as whom she served.”** The chorus says of her :*® She is holier than all holy days or things, The sprinkled water of fume of perfect fire; Chaste, dedicated to pure prayers, and filled With higher thoughts than heaven; and man She loves not; what should one such do with love? This justification of fate, however, is unconvincing. Fate . seems rather an arbitrary power, working blindly and capri- ciously. Mankind seems to be in the grasp of a relentless force. ~ Destiny appears as “Irony of Fate,” in the words of Professor Moulton,** “a march of Destiny, relentless and mocking, through means and hindrances alike, never so sure as when it is opposed, using the very obstacles in its path as stepping-stones by which it travels forward.” It is this “Irony of Fate” that makes Althaea, who has kept her son alive so long and whose love is unmistakable, in the end become the instrument of fate in caus- ing Meleager’s death. She feels the force of fate, but is power- less to resist. She says** “the gods are many about me; I am one.” ‘Though she cries out against fate, she finally yields and, 44 Cf. Euripides, Electra, ll. 774-880. 45 Atalanta in Calydon, p. 255. 46 Ancient Classical Drama, p. 96. 47 Atalanta in Calydon, p. 301. 351 12 Olivia Pound as said before, seems to personify the powers that are working through her. In Erechtheus fate seems even more unreasonable than in Atalanta in Calydon. Erechtheus in no way had been responsible for the choice that gave Athens to Athena, rather than to Posei- don; but he becomes the victim of the jealousy of the defeated god. In his case fate takes the form of the implacable anger of a god. Erechtheus is just, pious, humble before the gods. No overweening pride of his, or of his house, has brought this fate upon him. He accepts the will of the gods as inevitable, and yields unquestioningly. Submission with him is part of duty.* The gods have set his lips on fire withal Who threatens now in all their names to bring Ruin, but none of these, thou knowest, have I Chid with my tongue or cursed at heart for grief, Knowing how the soul runs reinless on sheer death Whose grief or joy takes part against the Gods. And what they will is more than our desire For no man’s will and no desire of man’s Shall stand as doth a God’s will. Swinburne’s idea of destiny, it will be seen, is more nearly that of Euripides. Destiny is not the mysterious and awful law that it is represented to be in so many of the plays of Aeschylus. Nor is it represented as the working out of moral forces, as in the plays of Sophocles. It is that cruel, pitiless fate that makes man rebel against its senselessness. So Althaea shows her bitterness toward the goddess who is the means of working out Meleager’s fate.” ’ First Artemis for all this harried land I praise not, and for wasting of the boar That mars with tooth and tusk and fiery feet Green pasturage and the grace of standing corn And meadow and marsh with springs and unblown leaves, Flocks and swift herds and all that bite sweet grass, I praise her not; what things are these to praise? 48 Erechtheus, p. 343. 49 Atalanta in Calydon, p. 253. 352 Greek Lyric Tragedy in Dramas of Swinburne 1 Even the chorus, the usual representatives of convention and submission to the will of the gods, devote a whole ode to their injustice.” For the gods very subtly fashion Madness with sadness upon earth; Not knowing in any wise compassion, Nor holding pity any worth; And many things they have given and taken, And wrought and ruined many things; The firm land they have loosed and shaken, And sealed the sea with all her springs; They have wearied time with heavy burdens And vexed the lips of life with breath; This feeling of hostility to deity found in many passages of Atalanta is prevalent in much of Swinburne’s poetry. It was a note sounded often by Shelley, Byron and other early nineteenth century revolutionary spirits. Swinburne, however, seems to have derived this feeling also from his study of Greek. To him all gods seemed to be Olympian. As Mr. Woodberry says :** The classical immersion of his mind had made clean work of all Christian symbolism; it had swept it away, and in its place came, for imaginative purposes, the Greek forms of old divinity and myth, but less as idols of hope than idols of memory. So this feeling of hostility to deity seems not out of place in these classical dramas. As mentioned in discussing the chorus, “The Injustice of the Gods,” there are passages in some of the plays of Euripides that show the same spirit. In both poets the main criticism of deity is that man is piteous, while deity is pitiless. In Erechtheus the prominent dramatic motive is submission to deity. This is the motive of all the leading characters of the play. The king, submissive to the will of the gods, is ready at any sacrifice to do his duty to his city and his countrymen.” 50 [bid., p. 285. 51 Swinburne, p. 43. 52 Frechtheus, p. 343. Cf. Sophocles, Antigone, ll. 450-470. 66 14 Olivia Pound Fare we so short-lived howso’er, and pay What price we may to ransom thee thy town, Not me my life; but thou that diest not, thou, Though all our house die for this people’s sake Keep thou for ours thy crown our city, guard And give it life the lovelier that we died. The same note is sounded by Praxithea. For her too the will of the gods is all powerful. Without hesitation she submits to the sacrifice of her child for the sake of her country.*® In this motive of duty to the gods and to one’s country is in- volved the idea of self-sacrifice. This is the leading motive in the part of Chthonia. She not only is devoted to the gods and to her country, but takes pride in becoming the victim that shall be the means of saving her people.** Countrymen With more good will and height of happier heart I give me to you than my mother bare, And go more gladly this great way to death Than young men bound to battle. Another dramatic motive that adds to the tragedy of the plot of Erechtheus is ‘love of freedom.’ This is, of course, one of the motives that inspires patriotism. It is as much love of free- dom as love of country that moves Erechtheus. Hence it is per- petual liberty that is given by Athena as the greatest reward® for . his sacrifice. Love of freedom is another theme common to post-French revolutionary writers. Many of Swinburne’s poems were inspired by this sentiment. Tyranny in any form called forth from him as from Byron or Shelley or Landor the strongest invectives, and patriotism the highest praise. This note, how- ever, is not out of place in Swinburne’s dramas, for love of liberty is a note found in Greek plays.°® Moreover it is from Athens that Swinburne received much of his inspiration on this subject. 53 Tbid., pp. 357-361. 54 Tbid., p. 389. Cf. Euripides, Iphigenia at Aulis, ll. 1374-1401. 55 Erechtheus, p. 411. 56 Euripides, Iphigenia at Aulis, ll. 1374-1401. 354 Greek Lyric Tragedy in Dramas of Swinburne 15 The worship of the brightness of youth was another well- known Greek characteristic. This is found to a remarkable de- gree in these plays of Swinburne, and deepens the tragedy. “ The Youth of the Year” is the theme of one of the most beauti- ful choruses in Atalanta. The spirit of youth and brightness animates this chorus and also that on “nature.” This spirit of youth and brightness is heightened by Swinburne’s elemental ap- preciation. His writings abound with references to fire, light, wind, and water, giving an iridescent effect that is sometimes dazzling. A good example of this power of radiant description is seen in the prayer to the sun.*” Rise up, shine, stretch thine hand out, with thy bow Touch the most dimmest height of trembling heaven, And burn and break the dark about thy ways, Shot through with arrows; let thine hair Lighten as flame above that flameless shell Which was the moon, and thine eyes fill the world And thy lips kindle with swift beams; let earth Laugh, and the long sea fiery from thy feet Through all the roar and ripple of streaming springs And foam in reddening flakes and flying flowers Shaken from hands and blown from lips of nymphs Whose hair or breast divides the wandering wave With close tresses cleaving lock to lock, All gold, or shuddering and unfurrowed snow; And all the winds about thee with their wings, And fountain-heads of all the watered world; It is because of this radiance of youth that the sacrifice of Chthonia and the undeserved death of Meleager seem so pitiful.** Human bonds, love and its ties, form another dramatic motive. In Erechtheus the bond between Erechtheus, Praxithea and Chthonia is perfect. Each is faultless in the other’s eyes. Hence the breaking of this bond seems the more pathetic. In Atalanta the situation is even more tragic. Althaea is torn between her love for her son and her duty toward her kin. This breaking of 57 Atalanta in Calydon, p. 247. 58 Erechtheus, p. 504, 376. Atalanta in Calydon, p. 271, 325-326. a5 16 Olivia Pound family ties, and the revenge to be exacted for shedding blood were themes very familiar to Greek tragedy.*® Throughout both plays by Swinburne appears the persistent problem of existence, how best to live to satisfy the gods. When Althaea is warning Meleager she describes to him a well-ordered life.®° Child, if a man serve law through all his life And with his whole heart worship, him all gods Praise, . Be man at one with equal-minded gods, So shall he prosper; not through laws torn up, Violated rule and a new face of things. Life is represented as a bitter and uncertain chance which man is powerless to better. Althaea says :** and what chance The gods cast lot for and shake out on us, That shall we take, and that much bear withal. The chorus in Atalanta describes the life of man as made up of strange elements, combined by the gods in some inexplicable way.” Before the beginning of years There came to the making of man Time, with a gift of tears; Grief, with a glass that ran; Pleasure, with pain for leaven; Summer, with flowers that fell; Remembrance fallen from heaven, And madness risen from hell; Strength without hands to smite; Love that endures for a breath; Night, the shadow of light, And life, the shadow of death. 59 Cf. Agamemnon, Orestes, Antigone, etc. 69 Atalanta in Calydon, p. 265. 61 Tbid., p. 258. 62 Atalanta in Calydon, p. 258. 356 Greek Lyric Tragedy in Dramas of Swinburne E7 No solution is given for this problem of life. Man can only endure sturdily, steadfastly. He must accept what is and seek relief in great-heartedness, courage and freedom of spirit. He should have the ewpsychia of Euripides,®** “stout heartedness, pluck in the noblest sense of the word—that temper of soul which prepared the individual to sacrifice himself for the state and to triumph in pain or death in dogged endurance rather than give way to feebler instincts.” This is the fortifying motive of much of Swinburne’s poetry. Mr. L. C. Wilcox summarizes the poet’s teaching in this sen- tence :** “ Who endures to the end, who makes no compromise with truth, who asks no reward and fears no punishments, shall come somehow to truth and liberty, and shall grow into knowl- edge of the things of the spirit.” It remains to see whether the “unities” were observed in Swinburne’s plays. It has been seen that all the action was carried on in the presence of the chorus. As said before, the members of the chorus serve as sympathetic spectators. Thus the chorus is the main factor in keeping the action of the play within the ‘“unities.’”” No scene can be presented that cannot take place before the chorus, and no incident be depicted that would be outside of their knowledge. In this respect both Ata- lanta in Calydon and Erechtheus conform strictly to the Greek observance of “tunities.” In each play there is but one story. All details are subordinated to working out this plot before the chorus. So too the “unities” of time and of place are carefully observed. In both plays the action takes place before the palace of the king. Whatever of the plot cannot be presented there is described by messengers. The whole action is supposed to take place in the space of a morning. Thus both plays represent one continuous scene, given with fixed limits of time and place. The action of each play develops to a climax from an opening situation, described by narrative. The long prologue, given in 63 Symonds, Studies of the Greek Poets, Vol. II, p. 38. 64 The Fortifying Principle in Swinburne. L. C. Wilcox, North Amer- ican Review, Vol. 190, pp. 93-100. 357 18 Olivia Pound monologue form, in which the situation is disclosed, is again Euripidean. The part of the chief huntsman in Atalanta in Calydon, who describes the ravages of the boar sent by Artemis and the preparations for the hunt, might be compared with the part of Apollo in Euripides’ Alcestis, or of Poseidon in his Daughters of Troy. The prologue of Erechtheus might be com- pared with that of Iphigenia among the Tauri, or the part of the nurse in Medea. In both Swinburne’s plays, the end is antici- pated by foreboding. In Atalanta in Calydon the queen of Caly- don, Althaea, tells the chorus how she once dreamed she had brought forth a firebrand. When Meleager was born the Fates came and prophesied® that he should live no longer when the brand on the hearth was burned. So she had plucked out the brand and kept it. A huntsman at the opening of the play in his song to Artemis to speed the hunt has already told that Atalanta has come from Calydon to join the chase. Throughout Althaea’s confidences with the chorus, it is clear that Meleager is possessed of a great love for this huntress who has dedicated her life to Artemis. The queen hints®* at passionate scenes between her brothers and Meleager because of the part Atalanta is to take in the hunt. This opening situation is developed through the quar- rel®’ between Meleager and the brothers in the presence of Ata- lanta. The wrangling of the youths creates the feeling that the hunt starts under unfavorable omens. A long choral ode fills in the time from the departure of the hunters till the entrance of the messenger who comes to tell of the victorious ending of the hunt. The hopes of the hearers are raised. It seems as if, after all, the troubles forecast by the queen had been averted. The chorus sings a joyous ode to nature which closes with a prayer to Artemis. They have no sooner ended this outburst of thanks- giving than another messenger enters and announces that the queen’s brothers have been slain by Meleager, because they tried to deprive Atalanta of the spoil of the boar. Meleager had given 85 Atalanta in Calydon, p. 256. 66 Atalanta in Calydon, pp. 254-255. 87 [bid., pp. 279-281. 358 Greek Lyric Tragedy in Dramas of Swinburne 19 her this because she first had wounded the beast. From this point the plot moves rapidly to the end. Althaea after wrestling against the gods yields to the curse that is upon Meleager. She forebodes the fate of her son when promising fit burial for her brothers.® But ye now, sons of Thestius, make good cheer, For ye shall have such wood to funeral fire As no king hath; and flame that once burnt down Oil shall not quicken or breath relume or wine Refresh again; much costlier than fine gold, And more than many lives of wandering men. The spectators see the final working out of the curse when the dying Meleager is brought home by his father. It is clear then that Althaea had taken the brand that measured her son’s life and had made of it a funeral fire for her brothers. In much the same way the plot of Erechtheus is developed. In a prayer to earth Erechtheus tells how Poseidon is angry at Athens because he had been beaten in a contest with Athena for its possession. The god had hurled the force of his waves against Athens from the sea, and from the land besieged it with the forces of his Thracian son Eumolpus. An oracle has told Erechtheus that the anger of the god can be appeased only by the sacrifice of one of his daughters. This situation is developed through scenes where this news is broken first to the queen and next to Chthonia, Erechtheus’ daughter. The maiden offers her- self as a sacrifice to save her city. The account of her death, and of the final struggle between the Athenian and Thracian forces is described by messengers. The Athenians have been victorious, but Erechtheus has been slain by a thunder-bolt. The Athenians, however, have not been deserted by the gods. Athena, like the deus ex machina of Euripides,®® appears and consoles the forlorn queen and her people by promising great glory to her city. The limits of this paper will not allow discussion of the 68 [bid., p. 304. 69 Cf. Euripides’ Electra, ll. 1238-1356. 359 20 Olivia Pound sources’? of the plots of Atalanta in Calydon and of Erechtheus, nor is this topic essential to the main theme of the paper. In the foregoing discussion an attempt has been made to show Swinburne’s close adherence to the principles of the classical Greek Drama. As said earlier, he was not a mere imitator. He not only made his dramas conform in nearly every respect to the severe type of Greek drama, but when he composed them, he seemed almost to be able to put aside the personality of the modern poet, and to experience the sensations of a Greek poet. Yet with this remarkable ability to revive the life and the spirit of another age, he seems to have missed that cardinal virtue of the Greeks, their self restraint. He seemed never to have learned their maxim, “nothing to excess.” His plays contain too much poetry. There is too much of fire, wind, sea, the gods, and fate. Beautiful as both plays are in parts, the whole impres- sion is blurred. The reader is given the sensation of viewing a scene through some opaque or opalescent substance. On the whole, however, the plays seem remarkably faithful reproduc- tions of the Greek lyric tragedy. 70 For the myth of Meleager see: Homer, /liad, IX, 527; Apollodorus, I, 8; Hyginus, Fabulae, 171; Ovid, Metamorphoses, VIII, 260-545. Diodorus Siculus, IV, 34. For the myth of Erechtheus see: Apollodorus, III, 14, 15; Euripides, Ion; Ovid, Metamorphoses, 11, 553; Hyginus, Poetica Astronomica, II, 13; Pausanias,l,.2, 5,3. 360 I1I—ENGLISH INTERJECTIONS IN THE FIFTEENTH CENTURY BY MARY CRAWFORD INTRODUCTION SCOPE AND LIMITATIONS OF TREATMENT The interjections listed in the present study are grouped accord- ing to usage. Their various forms and meanings are noted, to- gether with examples of their occurrence. The treatment has been expanded to include not only simple interjections but inter- jectional phrases, since the latter, in idea, represent single words. In the York Mystery Plays, when Moses again changes the ser- pent into a wand, Pharao’s Hopp illa hayl is not a curse but an expression of astonishment. Further, oaths can in no sense be considered other than as ejaculations, else, in the Towneley Plays the shepherds would not be made to swear, anachronistically, by Saint Thomas of Kent; nor would Herod refer so frequently to Mahomet. The Chester cycle of mystery plays is not included in the mate- rial examined. Although the plays themselves were presented before 1400, the four manuscripts which have come down to us date from 1592-1607. On the other hand, the works of Gavin Douglas and of John Skelton have been included, though they are assigned to a time later than the fifteenth century. For example, Mr. Ramsay, who edited the Magnyfycence in 1906, decides that it was written about 1516.1. Both Douglas and Skelton have been considered, however, as affording legitimate material for this study. They were born near the middle of the fifteenth century, and, doubtless, they drew largely upon the experience of their earlier years for the interjections found in their pages. 1FE, E. T. S., extra series 98. Introd., p. 25. 361 2 Mary Crawford The fifteenth century was chosen as a basis for this investiga- tion because of its intermediate position. Looking backward to Chaucer and the past, and forward to the Elizabethans, the period, like all formative periods, has especial interest for the student of language. CHIEF SOURCES OF MATERIAL A large proportion of the material for the present study has been gleaned from the mystery and morality plays, which are charac- teristic of the fifteenth century. This is to be expected, for it is in the drama that we find the emotions portrayed most vividly. The Paston Letters, which have afforded so rich a field for lin- guistic studies, have yielded little to this investigation. Theirs is the dignified style common to correspondence of that date, a manner which does not admit ejaculations. The dramatic liter- ature shows the life of the people, their jests, their roguery, their aspirations, their ideals. The romances reflect the tastes of the higher classes, and are so artificial in nature that the emotions depicted are under excellent control. The author usually tells his story himself, without frequent interruptions from the persons chiefly concerned. When the hero directly acquaints us with his state of mind, he confines himself to such colorless interjections as ah! alas! and gramercy! For vigorous, hearty interjections the York and the Towneley plays are most remarkable. The Cov- entry and the Digby cycles, which have come to us in later form, are more reserved in nature. They emphasize the ethical and re- ligious interests of mediaeval life. Such interludes as they con- tain are clearly not intended to be comic. Verging upon the morality play, they lack opportunity to present humorous situa- tions with the accompanying emotions. Of the moralities, Skelton’s Magnyfycence yields the most ma- terial. Indeed, this play is extremely prolific in oaths, containing no less than eighty-five different forms in the space of its few pages. These various oaths are repeated again and again. The same one may be found three times in as many lines. Including other exclamations, of which there are not a few, each page is thickly besprinkled with interjections. Occasionally one line is 362 English Interjections in Fifteenth Century 3 made to contain three of these expressions, all vigorous and highly colored. This is illustrated in line 2324, where Dyspare cries: “Out, harowe! hyll burneth! where shall I me hyde? ” SOME POINTS OF USAGE Common ejaculations of the fifteenth century are those express- ing sorrow, consternation, anger, or contempt, as we! harrowe! owe! owte! allas! tush! Those most typical, however, are the asseverations, or emphatic denials, which employ oaths and mutila- tions of the name of God. Familiar illustrations of the latter are the words Cock and Gog in various combinations. The romances have no rogues. Their characters move on so high a plane that the display of strong emotions is forbidden them. It is upon the more lowly that the plays depend for their color. As a rule, the exalted characters of the drama use no greater number or variety of exclamations than do heroes of chivalry. Even in the York cycle, Dominus employs practically no interjections. Once, indeed, he is made to say A! when in his sorrow he curses the serpent. But, throughout, his language is on a very dignified plane, as is that of the angels of heaven. The more noble among the human characters, such as Mary, Elizabeth, Simeon, and the three kings, are permitted the use of such ex- pressions as alas! and woe 1s me! But the shepherds, the soldiers, and the torturers have a wide range including interjections which I have not found elsewhere. In the York Mysteries the shep- herds use hudde! and colle! to express their astonishment when they see the star. Although these plays distinguish between the high and the lowly in the display of emotion, a closer distinction is made be- tween the good and the evil characters. Cain and Abel are both rustics, but Cain goes to the extreme in his use of abusive lan- guage, while his brother is mild and gentle-mannered. Lucifer and his angels are not restricted as to their exclamations, and Herod knows no bounds. It is interesting to note that Herod’s favorite ejaculation is the anachronistic by Mahounde! In this way the authors could best make known to a mediaeval audience the antipathy between Herod and those of the Christian faith. 363 4 Mary Crawford In the Magnyfycence it is not the prince and his good counsellors who make generous use of oaths, but Fansy, Foly, Counterfeit Countenance, and the like. Fansy, indeed, rarely speaks without some imprecation. On the whole, the fifteenth century literature seems to reflect an increase over earlier periods in the use of interjections. A few forms seem to be disappearing, as Chaucer’s avoy! or the ex- clamation Jo! in meaning equivalent to the Old English Ja! In early Middle English the latter indicated joy, sorrow, or wonder, but instances of its use in these meanings are almost wholly lack- ing in later Middle English. The fifteenth century Jo! is a call for attention, and is perhaps a shortened form of the verb loke (look). On the other hand, many expressions found in the early sixteenth century are apparently absent in the fifteenth. Among these are the following, from Sir David Lyndesay: be sueit Sanct Geill! be Sanct Fillane! for God’s luife of heavin! be God’s croun! and suyith! (hence, away); also, by Belzabub! by Gis! and by my lewtie! As regards derivation, it may be noted that while there are many interjectional expressions of French as well as of vernacular origin, those from the Norse are few and of little relative signifi- cance. SURVEY OF INTERJECTIONS I. Interjections Expressing Surprise, Astonishment The most common ejaculations found in the fifteenth century are those expressing the more primitive emotions, as wonder, fear, anger, or grief. Of these, wonder is represented in greatest variety. The same interjection often occurs in different uses. In these cases, the illustrations quoted may be few, but further examples are cited under another head. benste, benedicite. In meaning usually equivalent to modern bless us! These are shortened forms of the plural imperative of Latin benedicere, to praise; later, to bless. 364 English Interjections in Fifteenth Century 5 Towneley Plays, xiii, 55, Pastor: Benste and dominus! what may this bemeyne? Towneley, xiii, 359, Pastor: Benste be here in! Coventry Plays, xii, Joseph: A! lord God, benedicite! Magnyfycence, 257, Fansy: Now, benedicite, ye wene I were some hafter. In the last example, benedicite is so lacking in force as to be almost an affirmation. colle. Meaning is uncertain. L. T. Smith (York Mystery Plays, 119) thinks it equivalent to modern golly! The word seems to be a quasi-oath and may be a form of goles, which (see Oxford Dictionary) is used only in exclamations, as, by goles, meaning by God. Instances of the use of colle are rare. York Mystery Plays, xv, 39, Pastor: We! colle! York, xv, 54, Pastor: We! no colle! ey. Cf. modern dialectal use, ay, ay, to indicate mild surprise. (English Dialect Dictionary.) See also ey as a call for atten- tion (xvi, 4). The etymology is difficult. The Oxford Dic- tionary says: “ The ME. ey is probably a natural ejaculation, nothing similar being found in OE. There is a greater possi- bility of its being an adoption of OF. ai, but this would almost certainly have given ay, at, which are not found, even as vari- ants, in ME.” But compare the following example, York Mys- tery Plays, xxviii, 232, Malcus: Malcus! a ay! and I schulde be rewarde. Here it does not appear that Malcus is assenting to anything. He is expressing his ill humor. Again, the forms. ey and ay seem to be used interchangeably in ME. to indicate assent, as seen in examples expressing affirmation, cited under xiv. Hence, they might well be variants in the case under dis- cussion. The word, then, may possibly have been adopted from the OF. ai, aie, which, according to Littré, was an old form of aider, to help. Mankind, 354, New-Gyse: Ey, how ye turne pe erp wppe & down! Castell of Perseverance, 1575, Malus Angelus: Ey, what deuyl, man! Coventry Plays, xvi, Pastor: Ey, ey! this was a wondyr note. La Male Regle de T. Hoccleue: Ey, what is me. 365 6 Mary Crawford [Eh]. This may be a modernization of ey. The examples quoted are from A. W. Pollard’s Fifteenth Century Prose and Verse, in which the modern spelling has been used throughout. For other illustrations, see [Ef] in Affirmation, xiv. The Nativity, Pastor: Eh! friends, there came a pirie of wind. how, howe, howe now. Modern how! or what! In expanded form, how is this? OE. hi. In exclamations, hu la! York Mystery Plays, xv, 37, Pastor (on seeing the star): We! howe! York, xi, 386, Rex: Howe nowe! es there any noyes of newe? Towneley Plays, xxv, 152, Satanas: How! in tyme that tale was told. hudde. This interjection is equivalent to modern whew! ac- cording to L. T. Smith (York Mystery Plays, 119). The ex- amples cited are perhaps the only instances of an interjectional use of the word. The etymology is dark. The form may be connected with hudd(e), a dialectical form of hood, in common use during the fifteenth century. The verb huddle is a dimin- utive, perhaps from Teutonic root *hud, to cover. (See Ox- ford Dictionary.) OE. hydan, hide. York Plays, xv, 37, Pastor: We! hudde! York, xv, 46, Pastor: Whe! hudde! be-halde into the heste! (east). ille hayle. Originally meaning il] luck. Here, expressing aston- ishment. Compare OE.. hel, prosperity. The Middle Eng- lish hayle is probably of Scandinavian origin. (Bjorkman, Scandinavian Loan-W ords in Middle English, pp. 39, 44.) Cf. hayle expressing a greeting (XII). See also combinations with hayle, expressing terror (II). York Plays, xxviii, 287, Malcus (when his ear is restored) : What! ille hayle! I hope pat I be hole! 0. Equivalent to modern why! See O! expressing lamentation (IIL) ; impatience (IV); adoration (IX) ; and its use with the vocative (XXI). This interjection is more common with us than in ME., having to a great extent replaced the older A! York Plays, viii, 41, Noe: O! mercy, lorde, quat may pis meyne? 366 English Interjections in Fifteenth Century 7 ow, owe. Probably modern Scotch ow, used in a concessive sense. In ME. it expressed astonishment, as well as other emotions. Compare ow showing consternation (II); lamentation (III) ; and exultation (XI). Coventry Plays, xii, Joseph: Ow! dame, what thinge menyth this? . out, outte, owte. This seems to have lost its force as an elliptical expression and to have become, in ME., purely interjectional. It is most commonly used in connection with other ejaculations. See, also, out expressing terror (II); lamentation (III); and anger (IV). York Mystery Plays, xxxiii, 161, Cayphas: We! outte!... so I stare. York, xxxili, 166, Cayphas: Out! slike a sight suld be sene! York, xxviii, 259, Judaeus: We, oute! I ame mased almost. we, whe. Here, equivalent to modern why! Corresponds to OE. interjection wa! It may come directly from OE. wéa, we, either of which would become ME. we. Bjorkman (Scandina- vian Loan-Words in Middle English, p. 39) sees no sign of a Scandinavian origin here. Thé OE. @ of we was not diphthon- gal, and probably depends on Latin ve. Compare we indicat- ing consternation (II); sorrow (III); and anger (IV). York Plays, xv, 49, Pastor: We! telle me men, emang vs thre. York, xxxviii, 298, Miles: Whe! harrowe! deuill, whare is he away? York, xxxiii, 236, Preco: We! nay sir, why shuld I be soo? York, xv, 38, Pastor: We! man, hou maddes all out of myght. York, xxx, 378, Miles: Whe! harke how pis harlott he heldis. York, xv, 46: Whe! hudde! be-halde into the heste! wemmow, wemay, wemo, wema. For other forms and examples see interjections expressing irritation (IV); contempt (VI); and a call to stop XVI, (2). Etymology uncertain. It may have been originally a curse, connecting with OE. wemman, to defile. Cf. Wright, English Dialect Dictionary. Towneley Plays, xxvii, 291, Lucas: Wemmow! where is this man become? what. OE. hwet! the neuter form of hwa, who. An introduc- 367 8 Mary Crawford tory expletive, frequent in OE. narratives. Beowulf and An- dreas open with this form. Hzwet stands at the beginning of a new topic. It serves as introduction to an address in the midst of a longer speech. Less forcefully, it is used as a weak inter- jection, in which office it persists as late as the sixteenth cen- tury. As in modern English, it frequently introduces declara- tive, as well as interrogative, sentences. (Cf. Wulfing, Syntax in den Werken Alfreds des Grossen, 688 ff.) According to Grimm, Deutsche Grammatik, iv, 448 ff., this use of the neuter of the interrogative pronoun as an exclamation is peculiar to Old English and Old Saxon. Magnyfycence, 288, Magn: What! I have aspyed ye are a carles page. Magn., 384, Fansy: What! sholde you pynche at a pecke of grotes. York Plays, xv, 44, Pastor: Say, felowes, what! York, xxvi, 184, Janitor: What! demes pou till oure dukes... . York, xxviii, 287, Malcus: What! ille hayle! I hope I be hole. Everyman: What! weenest thou that I am thine? why. OE. hwi hwy, instrumental of hwet or hwa, used adverb- ially. Cf. also why expressing anger (IV). Everyman: Why, ye said if'I had need. York Plays, x, 189, Isaac: Why! fadir, will God pat I be slayne? York, xi, 314, Rex: Why! is ther greuaunce growen agayne? Magnyfycence, 1307, Fansy: Why, shall I not haue Foly with me also? Magn., 509, Counterfeit Countenance: Why, shall we dwell togyder all thre? Magn., 510, Crafty Conveyance: Why, man, it were to great a wonder. II. Consternation, Terror In the list of interjections expressing terror are found a few peculiar forms which are of rare occurrence, but which are, there- fore, of greater force. Others, more common, are listed under several headings. The word harrow might well have been in- cluded in this division since there is a close connection between the feeling of fear and a cry for rescue. Examples of this in- terjection, however, are cited under calls for help, XVI (1). dewes. Perhaps equivalent to modern deuce! But cf. the Ox- 368 English Interjections in Fifteenth Century 9 ford Dictionary on the etymology of the latter. Dewes is from OF. deus, nominative form of deu, modern dieu, God. Not in native English use, but sometimes kept in translation, or put into the mouth of a foreigner or of a fiend. York Plays, i, 92, Lucifer: Owe! dewes! all goes downe! dyce. Apparently a variant of dewes, in the example cited below. Mr. Ramsay, however, classifies it under the head of oaths by miscellaneous objects. (See his edition of Magnyfycence, ero. extr, ser. OB, p. 83. ) Magnyfycence 781, Crafty Conveyance: Nay, come at ones, for the armys of the dyce! hyll burneth. /Hyil is evidently a variant of hell, from OE. helan, hide, conceal. The Oxford Dictionary does not enter the form hyll, however. In the York Plays (xxix, 82 and xxxii, 21) hulle and hillis are used as verbs meaning to cover. Magnyfycence, 2324, Dyspare: Out harrowe! hyll burneth! where shall I me hyde? hopp illa hayle, wyth yllahayll. Meaning, originally, ill luck seize him! A more intensive form of ille hayle, in I, above. Hopp comes from the OF. happer, to seize suddenly. The French form is either borrowed from the Hollandish happen, to bite, with which the meaning accords, or it is simply imitative of the sound of the mouth which seizes, bites (Littré). York Plays, xi, 245, Rex: Hopp illa hayle! Towneley, viii, 258, Pharao: wyth ylahayll! owe. See owe expressing surprise, in I above. York Plays, i, 92, Lucifer: Owe! dewes! all goes downe! York, xi, 347, Rex: Owe! come pat in our presence? out, outte. For etymology, cf. outte expressing astonishment in I above. See, also, under sorrow, lamentation (III); and anger (IV). York Plays, xxxviii, 288, Miles: What! oute allas! what schall I saie? York Plays, xi, 403, Rex: Owte! ay herrowe! devill, I drowne! Wisdom, 907, Mynde: Out! I tremble for 369 10 Mary Crawford drede, by Sent Powle! See, also, examples cited under we, below. we, whe. For discussion, see we expressing surprise, I above. Cf. also we under sections III and IV. York Plays, xxxiii, 269, Cayphas: We! out, we are shente alle for shame. York, ix, 99, Uxor: We, owte, herrowe! York, xxxviii, 298: Whe! harrowe! deuill, whare is he away? York, xi, 338, Rex: We! lorde, new harme is comon to hande. III. Sorrow, Lamentation Exclamations of sorrow are most frequent, although they are not found in so great variety as those of some other classes. All the interjections listed in this division are common in the fifteenth century, and all occur more or less frequently in modern literature. a, ha, haa. Sometimes repeated, a,a. Not foundin OE. Per- haps from OF. a! ah! As an expression of physical pain it has been superseded, in modern usage, by Oh! Cf. also A! ha! expressing anger (IV); and joy (X). 3 Merlin, 546: A, leeve Soster what do ye here? Merlin, 1019, A, Faire sone, quod sche thanne tho. Three Kings’ Sons, p. 8, 1. 18. A, verray God! y may do the no service. York Plays, v, 150, Dominus: A! wikkid worme, woo worthe the ay. Digby Plays, Burial of Christ, 450, Mary: A, a, my dere sone Jesus. Merlin, 439: Ha, Sire, sche Seide, J am ful wo! Eneydos, ch. 41: Ha, a, fayre sone! The following from Magnyfycence, 1729, expresses physical pain: Magn.: A, my hede! alas, allas, alasse, allace, alese, allese. Meaning ah wretched! Compare French hélas! OF. ha las! a las! a combination of ha and las, lasse, wretched, originally, weary, from Latin lassum. Sometimes found with a substantive, as alas the while. Digby Plays, Burial of Christ, 453: Allese, scho commys! A, what remedye! Magnyfycence, 1847, Fansy: Alasse, alasse, an heuy metynge! Castell of Perseverance, 1289, Bonus Angelus: alas! Mankynde is bobbyt & blent as pe blynde! Everyman: Alas! shall I have no longer respite? Digby Plays, Christ’s Resurrection, 1191, Petrus: Alese! of myself why presumyd I. 379 English Interjections in Fifteenth Century II Towneley, x, 313, Joseph: Alas, what am I wo! York, i, 115, Lucifer: Yhe ly, owte, allas! Robin Hood Ballad, 8th fytte: Alas! then said good Robin, Alas and well a wo! Morte Darthur, 11, ch. 18: Allas, sayd balyn, that euer I shold see this day! Nativity, Herod: Into Egypt? alas for woe! The Murn- ing Maiden: My sweit, allace! quhy dois he so? The Quare of Jelusy, 202: Allace, pe wo! allace pe sad greuance! 0, Oo, ow, in ME. expresses physical pain, sorrow, terror, sur- prise, impatience, or exultation. Cf. sections I, II, III, IV, IX, and XI. York Plays, vii, 79, Brewbarret: O! maister Caym, I haue broken my to! York, xxxiv, 154, Mary: Oo! doulfully nowe is he dighte. Morte Darthur, ii, ch. 6: O Balyn two bodyes thou hast slayne. Castell of Perseverance, 2989: ow, ow! my good gothe al to wrak! Magnyfycence, 2048: O feble Fortune, O doulfull Destyny! out, owte. See owt expressing surprise (1); consternation (II) ; and anger (IV). York Plays, i, 97, Lucifer: Owte owte! harrowe! helples, slyke hote at es here. York, i, 104, Lucifer: Owte! ay wala- way! I well enew in wo nowe! Towneley, ix, 74, Imperator: Out, harow, full wo is me! York, i, 105, Diabolus: Owte! owte! I go wode for wo. Castell of Perseverance, 2148: Out! myn herte gynneth to breke. Castell of Per., 2200: Out! my prowde bak is bent! wa, wo, woe. OF. wi, wd, modern woe. Compare Scotch usage, wae’s me! For further discussion of OE. wa cf. we, express- ing surprise (1). York Mystery Plays, i, 113, Lucifer: Walaway! wa! es me now, nowe es it war pane it was. York Plays, xiii, 143, Joseph: Allas! me is full wa! Towneley, xiii, 35, Pastor: Woe is me this dystres!| Quare of Jelusy, 202: Allace, pe wo! allace, pe sad greuance! Merlin, 439: Ha, Sire, sche Seide, I am ful wo! Nativity, Herod: Into Egypt! alas for woe! woo (wa) worthe the. Meaning, woe come to thee! For woo, ace I2 Mary Crawford see wa above. The form worth comes from OE. weorpan, happen, become. Originally a curse, this expression has lost most of its force. York Plays, v, 107, Adam: Ille counsaille woo worthe the! York, vi, 51, Eua: wa worthe be whyle! York, v, 150, Dominus: A! wikkid worme, woo worthe pe ay! In the last example, the idea of malediction is still forceful. we. For discussion, see we expressing surprise (I) above. Cf. also we expressing consternation (II) above, and anger (IV) below. York Plays, xi, 313, Egyptian: We! lorde, we may not lede this liffe. York, xiii, 141: Joseph: We! why gab ye me swa? York, xxviii, 273, Malcus: We! oute! all my deueres are done. York, xi, 139, Moses: We! lord, pai wil noght to me trayste. York, i, 115, devil: We! lurdane, pu lost vs. Towneley, iv, 128, Abraham: Shuld I that ganstand? We, nay, ma fay! walaway, wala way, well a way, well a wo, well-away, wele-wo, walo-way, welawo, weleaway, welaway. With some modification, this expression of grief has come down in Shakespeare as well-a-day! Compare woe the day! See, also, Rossetti’s revival of it in the refrain (4A Death-Part- ing), “ Water-willow and well-away!” Originally OE. wa- la-wa, which properly meant wo! lo! wo! For discussion of wo, see wa above, and we expressing surprise (1). ‘For lo! cf. calls for attention in XVI, 4. Castell of Perseverance, 3035: Ye, a-las, & welawo! Castell of Per., 3070: weleaway! I was ful wod. Nativity, Joseph: Well-away! woman, now may I go. Robin Hood Ballad, 8th fytte: Alas, then said good Robin, Alas and well a wo! Towneley Plays, v, 36, Esaw: Now, alas, and walo-way! Towneley, I, 132, Demon: Alas, alas, and wele-wo! Battle of Agincourt, Therefore their song was Well a way! York, i, 113, Lucifer: Walaway! wa! es me now, nowe es it war pane it was. York, xxxii, 309, Judas: So wala way! Coventry Plays, xil, Joseph: Alas and welaway! 372 English Interjections in Fifteenth Century 13 IV. Impatience and Anger Most of the interjections expressing anger perform a double office, being found in other uses. A few of the forms are peculiar to Middle English and, even in the fifteenth century, are of rare occurrence. Of those which have come down to us, some have lost much of their original force. a,ah. For discussion, see a! ah! expressing sorrow (III) above. Cf. also a! ah! expressing joy, in X below. Nativity, Herod: Ah, that these villain traitors hath marred. Towneley Plays, ix, 76, Imperator: A, fy, and dewyls! whens cam he? York, xxviii, 235, Cayphas: A! sir, of your speech lette, and late vs spede. ay. Cf. ey expressing surprise, in I, above; also ay in affirmation (XIV). York Plays, xxviii, 232, Malcus: Malcus! a ay! and I schulde be rewarde. dogge, dogges. In use from the thirteenth to the fifteenth cen- turies as a deformation of the name of God, but found infre- quently in the fifteenth. Indeed, in the examples cited, it may not be an expletive, but simply the substantive dog, as a term of abuse. However, the general context indicates its inter- jectional use. Compare modern French, “Quel chien de temps!” and English slang, ‘What dog-gone weather!” Julian Sharman, in A Cursory History of Swearing, ch. iv, says: “Examples can be quoted of the occurrence of the word dog or dogue, as a malediction similar to that of ‘goddam,’ and at a date nearly as distant.” Mr. Sharman, however, explains the term as originating in a game of chance, popular with the old Greeks and Romans. In that case it would be similar in meaning to the word deuce! used in games, and, in modern usage, an exclamation of annoyance. It may be noted here that this deuce! is not the ME. dewes! (cf. II, above). York Plays, xi, 240, Rex Pharao: A! dogg! pe deuyll pe drowne! York, xix, 106, Herod: A! dogges, pe deuell you spede! York, xvii, 121, Herod: In pe deuyl way, dogges, Fv! 373 14 Mary Crawford Magnyfycence, 303: Go shake the, dogge, hay, syth ye wyll nedys ! Do way,—wey, away. OE. weg in reference to conduct. Mean- ing put away! have done! Compare do wey expressing re- proach, in V. York Plays, v, 60 Satan: Woman! do way! Mankind, 82, Mercy: Do wey! do wey this reuell, sers, do wey! Mankind, 83, Now-a-Days: Do wey, goode Adam! do wey! Mankind, 576: Do wey. I wyll no more so oft on the chyrche-style. Magnyfycence, 397, Fansy: Do away, I say! fy, fye, ffy, fie. Modern French fi! Apparently an OF. fi-fi, Latin fi, an imitation of a sound instinctively made upon notic- ing a disagreeable smell. Old Norse fy of similar origin. Danish fyskam (of like origin), fie! shame to you! In modern use fy expresses contempt or reproach, but the examples found in ME. are used to express anger. The word retains something of its old force in the Elizabethan literature. Compare Macbeth, V, i, 35, “ Fie, my lord, fie! a soldier and afeard!” Here Lady Macbeth expresses all the scorn which she made use of earlier in the play. Magnyfycence, 2020: Fye on this worlde full of Trechery! Magn., 1972: Fy, fy, that euer I sholde be brought in this snare! York Plays, xi, 67, Rex: Fy on pam! to pe devell of helle! York, xi, 217, Rex: Fy on the! ladde, oute of my lande! York, Xxix, 298, Cayphas: Why! fie on pe faitoure vn-trewe! York, xxix, 328, Miles: What! fye on the beggarr! York, xvii, 121, Herod: In the deuyl way, dogges, Fy! Towmeley, ix, 76, Im- perator: A, fy, and dewyls! whens cam he? Towneley, xiii, 204, Mak: ffy on you! goyth hence out of my presence! hagh, ha. A natural exclamation found in Greek, Latin, most modern Romance, and all modern Germanic languages. Not recorded in OE., but current in OF. and in ME. from about the fourteenth century. OE. had, however, the ha, ha! of laughter. Towneley Plays, viii, 355, Miles: A, my lord! ... Pharao: hagh! Towmneley, ii, 33, Cayn: A ha! god gif the soro & care. 374 English Interjections in Fifteenth Century 15 ho. Not recorded in OE. Here, equivalent to the what of indig- nation. Cf. ho used as a call for attention (XVI, 4). Digby Plays, Conversion of Saint Paul, 454: Ho! owyt, owyte! he that I most trustyd to. Towneley, xii, 103, Pastor: A, good sir, ho! who am I? how. For etymology, cf. how expressing surprise, in I above. Towneley Plays, 11, 84, Caym: How! let furthe youre geyse, the fox will preche. Towneley, ii, 37, Cayn: How! pike- harnes, how! com heder belife. 0, ow, owe. For discussion, see O, ow, expressing surprise, in I, and sorrow, in III above. Also O, expressing terror (II), adoration (IX), and in its vocative use (XXI). York Plays, ix, 93, Noe: O! woman, arte thou woode? Castell of Perseverance, 1358: ow! pat harlot is now bold! Castell of Per., 2870: owe, Mankynde! hathe Dethe with pee spoke? Castell of Per., 2883: ow, Werld! Werld euere worthe wo! out, oute, owte, owyt, owyte. Discussed under oute showing sur- prise, in I above. See also the same word, in II and III. The Nativity: Another way! Out! out! out! (Herod is angry, having learned that the three kings have returned by a different route.) Towmneley Plays, ii, 275, Caym: We! oute! haro! help to blaw! Digby Plays, Conversion of Saint Paul, 454: Ho! owyt, owyte! he that I most trustyd to. York, ix, 98, Uxor: We, owte! herrowe! York, i, 108, Diabolus: Owte! on be Lucifer, lurdan! York, i, 115, Lucifer: Yhe ly, owte! allas! Mankind, 436: Oute! ye xall not assay. Castell of Perseverancé, 1414: owte on pee, dedly synne! we. Compare we used to express astonishment, in I; terror, in II; sorrow, in III. Towneley Plays, ii, 314, Caym: We! na! I aght the a fowll dispyte. Towneley Plays, xiv, 308, Herod: We, fy on dewyls! fy, fy! Towmneley, ii, 323, Caym: We! yei! that shal thou sore abite. Tovwneley, ii, 53, Caym: We! now, no thyng, bot call on tyte. York Plays, xxxiv, 33, Miles: We! howe! high myght he hyng! York, xxxiii, 168, Pilate: We! ere ye Sa 16 Mary Crawford fonde, or youre force fayles you? York, xxxiii, 175, Pilate: We! spitte on them, ill mote pai spede! York, xxvi, 193, Pilate: We! speke on, and spare not pi spell. wemay, wemo. Compare wemmow expressing astonishment, in I above; and wema expressing contempt, in VI below. Towneley Plays, ii, 148, Caym: Wemay, man, I hold the mad! Towneley, ii, 198, Caym: Wemo, wemo, foure, lo, here! what. For etymology, see what expressing surprise, in I above. York Plays, xvii, 76, Herod: What! false losell, liste pe flighte? Towmeley Plays, ii, 31, Caym: What! it semys for me ye stand none aw! Towneley, xiii, 201, Mak: What! ich be a yoman, I tell you, of the king. Towneley, ii, 39: What, boy, shal I both hold and drife? why. Discussed under the subject of surprise, I above. York Plays, xxix, 298, Cayphas: Why! fie on pe faitoure vn-trewe! ya, yha, yei, yaa. Expresses angry shame, as well as impatience. Cf. also, affirmation, in XIV below. Towneley Plays, 11, 323, Caym: We! yei! that shal thou sore abite. Coventry Plays, xii, Joseph: ya! ya! alle old men to me take tent. York, xiii, 224, Joseph: Yha! Marie, drawe thyn hende. York, xxxiii, 162, Annas: Ya, harrowe, of this traytour. York, xiii, 218, Joseph: Goddis sande! yha, Marie! York, xi, 210, Rex: Yaa! wende pou to pe devell of hell. V. Reproach Interjections expressing reproach are less numerous than those classified in the preceding divisions, and illustrations are more rare. Some are listed, with examples, in other meanings. All are in modern use, although, in most cases, found infrequently. . alas, allas. For discussion, see alas, allas, expressing lamenta- tion, III above. York Plays, v, 106, Adam: Allas! what haue I done, for shame! York, v, 84, Adam: Alas! woman, why toke pou pis? York, v, 88, Adam: Allas! thou hast done a mys. 376 English Interjections in Fifteenth Century 17 do wey,—wa. Cf. do way! expressing impatience, in IV above. Towneley Plays, x, 326, Angelus: Do wa, Joseph, and mend thy thoght. York, v, 121, Adam: Do wey, lefe Eue, whame pan? go to. Expressing impatient reproach. Apparently more fre- quent in the next century. Mankind, 89: Go to! for I haue hade a praty scott-lynge. late be, let be. Meaning, forbear! cease! let be! De Regimine Principum, 2103: Nay, lat be pat! York Plays, xiii, 297, Mary: Forgiffnesse, sir! late be! for shame. (Lov- ing reproach. ) s(c)hame, for shame. OE. scamu, sceamu. Perhaps from skam, cover. Shame is an expression still used to express reproach. York Plays, v, 106, Adam: Allas! what haue I done, for shame! Kingis Quair, 58: Sluggart, for schame! lo, here thy goldin houre. Occleve, Jereslaus’s Wife, 87: ffor shame, fy. wa worthe (you). For etymology see wa worthe, expressing lamentation, in III above. York Plays, xiii, 97, Joseph: A! maidens, wa worthe you! Castell of Perseverance, 2883: ow, Werld! Werld euere worthe wo! VI. Mockery and Contempt Interjections expressing mockery occur less frequently than those representing the more primitive emotions. (See Class I.) The first three listed here are common in modern usage, having retained their original force. The place of the fourth in this class is doubtful. The remaining forms are rare, even in the fifteenth century. strawe, stra. Figuratively used to indicate anything absolutely worthless. Still in use with the same meaning, though not in interjectional form. Gavin Douglas, Prolog to Aeneid I, 17: Stra for pis ignorant blabring imperfyt! Magnyfycence, 549: Tusche, a strawe! 377 18 Mary Crawford itis ashame! Magn., 564, Fansy: Tushe, a strawe! I thought none yll. tush, tushe, tusshe, tusche, tussch, tysche. Probably an assibi- lated form of tusk. Formerly, also twish! Mankind, 783: Tysche! a flyes weynge! wyll ye do well! Magnyfycence, 650: Tusshe! fonnysshe Fansy, thou arte fran- tyke. Magn., 786: Tusche! he that hath nede, man, let hym rynne. Magn., 251: Tusche, hold your pece, your langage is vain. Everyman: Tush! by thy thanks I set not a straw! York Plays, xxxiii, 121, Pilate: Ya, tussch! for youre tales. tut. Synonymous with tush, above. Magnyfycence, 1745: Measure? Tut! what the deuyll of hell ! vath. Meaning is obscure. It may be connected with the French adverb va, from the imperative of Latin vadere, to go. The -th may be the personal ending of the verb; but this is doubt- ful. In the example quoted the word seems to carry with it the idea of mockery. Coventry Plays, xxxii, Judaeus: Ya! vath! vath! now here is he That bad us dystroy oure tempyl on a day. wassaille, wassaylle. Anciently, a salutation or toast, meaning, “health to you!” ME. wes hail, literally, “be thou well!” Icelandic heill, hale, sound, cognate with OE. hal. For further discussion see hayle expressing greeting, in XII. Wes is a variant of ME. wes, imperative of wesan, to be. (For form wes in OE. cf. Beowulf, 407: Wes pu, Hropgar, hal!) The only example of wassaille noted is not listed with greetings, because it is used in mockery. York Plays, xxix, 372, Miles: Wassaille! wassaylle! wema. Cf. wemo expressing surprise, in I, and anger, in IV above. Towneley Plays, xxiii, 183: Tortor: wema, man! I trow thou doyte! 378 English Interjections in Fifteenth Century 19 VII. Pleading Under the head of pleading only one interjectional expression, mercy, is listed. The word pity, which today is commonly used in the same sense, has been noted with this use only once (Not- browne Mayde). Apparently, in Middle English, this word re- tained more of its original meaning of piety, or kindness of dis- position. mercy(e). Meaning, as in modern English, mercy, goodwill, kindness. From Latin mers, price. Nativity: Mercy, Mary! for now I know. Nativity: Mercy, Mary, while I live. Coventry Plays, viii, Anna: A! mercy, Lord! mercy! mercy! mercy! We are synfolest. Coventry, xxvi, Cives: Wherefore we alle at onys to the exorte, Cryeng mercy! mercy! mercye! York, viii, 37, Noe: O! mercy lorde, quat may pis meyne? Wisdom, 954: Mercy, Gode! why change I nowte. Castell of Perseverance, 116: Mercy, God! be now myn frende! Castell of Per., 1300: Mercy, God, pat man were a-mendyd! Murning Maiden: Schir, mercy for your mycht! VIII. Gratitude As expressions of gratitude, only the word mercy and its vari- ants have been noted. In the fifteenth century, evidently, the OE. panc had been completely superseded by the French word. gramercy(e), grammercy. Meaning great thanks! From OF. grant merci; grant, great, and merci, thanks. Merci formerly meant reward, from Latin merx, price. Hence, originally, gramercy was equivalent to “May God reward you greatly!” Both mercy and gramercy, without modifiers, were used as interjections, expressing thanks. Cf. Modern French merci! York Plays, vii, 34, Abell: Gramercy! god of thy goodnes. York, xiii, 92, Joseph: Gramercy, Marie, saie what chere. Siege of Harfleur: Grammercy, Sirs, the king gan say. Every- man: Verily, Fellowship, gramercy! Robin Hood Ballad: -'Grammercy, Sir, said he. Morte Darthur, i, ch. 14:—and gave him King Lott, whereof he said gramercy. - Castell of 379 20 Mary Crawford Perseverance, 570: Mary, felaw, gramercy! Guy of Warwick, 6997: Syr, sche seyde, gramercye! . mercy. Meaning thanks. See gramercy above. Coventry Plays, x: A! mercy! mercy! mercy! Lord, we crye, The Blysayd of God we se art thou. (The bishop is thankful because Joseph’s rod buds.) Coventry, x, stage direction for above example: Et clamant omnes “mercy! mercy!” God a mercy, godamercy. Meaning thank you! Equivalent to God reward you! See gramercy, above. Digby Plays, Mary Magdalene, 619: Jesus: god a mercy, symont (Simon), pat pou wylt me knowe! Digby, the same, 958, Rex: now godamercy; berel brytest of bewte! Magnyfy- cence, 1313: God haue mercy, good godfather! Nativity: God have mercy, Joseph, my husband so meek! IX. Adoration, Praise In expressing a supreme emotion, interjections are few in number. Besides the ecclesiastical ave and the vernacular hail, there are found only natural exclamations combined with de- scriptive phrases showing an exalted mood. a. For discussion, cf. 4! expressing sorrow, in III above. Wisdom, 77: A, soueren Wysdom, sanctus sanctorum! Wisdom, 83: A! soueren joy, my hertis affyance! York Plays, i, 41: A! mercyfull maker, full mekill es pi mighte. York, i, 121: A! lorde, louid be thi name. York, iii, 61: A, blissed lorde! York, viii, 41, Noe: A! lorde, I lowe be lowde and still. ave. Expresses adoration in salutation. For discussion and ex- amples, see ave in greeting, XII below. hayle. Like ave, expresses adoration in greeting Cf. XII, below. 0. Expresses adoration. See, also, O, expressing astonishment, in I; terror, in I1; lamentation, in III; impatience, in IV; and its use with the vocative, XXI. Wisdom, 69: O, worthy spowse, and soueren fayer. Wais- dom, 74: O creator, louer of yowur creatur? Wisdom, 93: 380 English Interjections in Fifteenth Century 21 O endles Wysdom! how may I haue knowynge Off pi Godhede incomprehensyble? Wisdom, 99: O soueren Auctour, most credyble! X. Joy, Merriment With one exception, the expressions of merriment listed in this division are confined to natural exclamations, repeated to form various combinations. Modern usage has added nothing to this mode of showing merriment. a, ah. For discussion, see a! ah! used to express sorrow, in III. above. Cf. also a! ah! expressing anger, in IV. In the first example cited, the définite meaning is satisfied expectancy. The Nativity: Prophet: A! I preceive the seed.... In the second example is shown enjoyment of a joke, purely merriment : Magnyfycence, 1297: A, Syr, a, a! howe by that? aha, aha. A combination of a/ and ha! formerly written sepa- rately. In the first example, again, the meaning is definitely a hope fulfilled. Nativity, Pastor: Aha! now is come the time that old fathers hath told. Magnyfycence, 2448: A ha! Fansy and Foly met with you, I trowe. Mankind, 606: A ha! well! on! ron! Gode gyff hym ewyll grace! ha, ha. The ordinary representation of laughter. For this form in OE., see ha expressing irritation, in IV above. York Plays, xv, 65, Pastor: Ha! ha! pis was a mery Here Towneley, xii, 226, Pastor: Ha, ha, goderhayll! I let for no cost. Eneydos, ch. 57: Ha ha, valyaunte bacheler! Magnyfy- cence, 1110, Foly: Ha, ha, ha! herke, Syrs, harke! Magn., 1202, Fansy: Ha, ha, ha, ha, ha, ha! Magn., 2160:. Ha, ha, ha! For laughter I am lyke to brast. hay, ha. Indicates merriment in greeting. Towneley Plays, xii, 86, Pastor: hay, ha! are ye in this towne ? ut hoy. An expression of joy. Ut is the name of a musical ate. ee . 22 Mary Crawford note, from ut in the Latin hymn from which the names of the notes were taken. An English Carol of the fifteenth century: Ut hoy!... Can I not sing but hoy! XI. Exultation Interjections expressing exultation are, in most cases, to be distinguished from those indicating simple merriment (see class X) by a boastful, self-gratulatory spirit. The greater variety of forms shows, too, the greater complexity of this mood. a, ha. Cf. aha, a ha, expressing joy, or merriment, in X above. Towneley Plays, xxii, 403, Tortor: A, ha! now ar we right arayde. Castell of Perseverance, 2688: A, A! pis game goth as I wolde. away the mare, awey care. Both expressions mean away with melancholy! The mare was a kind of evil spirit or goblin sup- posed to produce bad dreams by sitting on the chest of the sleeper. Cf. modern nightmare. The word mare is also used as an oath. Cf. Magnyfycence, 1391: in the mare’s name! Magnyfycence, 1326, Foly: Now then goo we hens. Away the mare! Wisdom, 500: A, ser, all mery, pan! awey, care! goderhayll. Meaning good luck! From the OE. t6 gédre hale! hayll, is from Old Norse, heill, sound, whole. See hayle in combinations expressing astonishment, in I; and terror, in II, above. Goderhayll is not connected with the word God, but good. Cf. modern Scotch heal in the sense of health. Towneley, xii, 226, Pastor: ha, ha, goderhayll! I let for no cost. ha a. For other uses, cf. a ha! ha ha! and hay ha! expressing merriment, in X above. Morte Darthur, 1, ch. 10: Ha A said Ban and Bors, they were my good friends. (Ironical.) ho. Expresses boasting. See ho expressing a call for attention, in XVI, 4, below. 382 English Interjections in Fifteenth Century 23 Digby Plays, Conversion of Saint Paul, 412: Ho, ho, be-holde me, the mygte prince of the parts in-fernall. hof. Apparently equivalent to ho! above. Digby Plays, Mary Magdalen, 491: Hof, hof, hof, a frysch new galavnt. 0. For other-uses, see O in sections I, II, III, IV, IX, and XXI. As in modern usage, this form may express many different emo- tions, according to the context. In the following example it is used in self-gratulation. York Plays, i, 65, Angel: O! what I am fetys and fayre and figured full fytt! Owe, ow. See ow/!, owe! expressing surprise, in I, above; con- sternation, in I]; lamentation, IIT. York Plays, i, 81, Lucifer: Owe! certes! what I am worthely wroghte with wyrschip, i-wys! York, i, 92, Lucifer: Owe! what I am derworth and defte! Castell of Perseverance, 2779: ow, now it is tyme hye. XII. Greeting It might be supposed that the word ave would be set aside to indicate reverential greeting, and that the vernacular hail would serve as the more common form. As shown by the examples cited, however, these terms are used interchangeably to express great respect in greeting. The Norman French supplies the more colloquial form in what cheer. Benste and God save you, originally blessings, have, by the fifteenth century, become as lack- ing in force as the modern good-bye. ave. Meaning hail! welcome! or farewell! adieu! From Latin ave, imperative of avere, to be well or to fare well. Identical in meaning with wassail, of Germanic origin. (Cf. wassaille, . expressing mockery, in VI above.) Coventry Plays, xiii, Maria: Gabryel come and seyde to me, Ave! York, xxxiii, 409, Miles: Aue! riall roy and rex judeo- fiat? (Ironical:)* > | 383 24 Mary Crawford benste. For meaning and etymology, see benste expressing sur- prise, in class I. Towneley Plays, xii, 46: Benste, benste, be us emang. hayl(e), all hayle, heyl(1), alle heyl. Meaning be hale! be well! For other uses, see hayle, in combinations, to show surprise, in I; consternation in II, above. According to Bjorkman (Scandi- navian Loan-Words in Middle English, p. 43) hail is probably a Scandinavian loanword. Compare Old West Scandinavian heill, Old Swedish hél. Modern hail! is evidently not direct from OE. hal, which would give (w)hole; nor from OE. hal, which, normally, would give modern heal. - Hail, as an interjection, implies respectful or reverential greeting. Mankind, 202: All heyll, semeley father! ye be welcome to pis house! Castell of Perseverance, 1748: heyl, set in pyn selle! Castell of Per., 1795: heyl, syr kynge! fayre pee be-falle! York Plays, xii, 145, Angel: Hayle! Marie! full of grace and blysse. York, xiii, 75,.Joseph: All hayle! God be here-inne! York, xiv, 58, Mary: Hayle my fadir and hayle my sone! Coventry, xxiv, Nuncius: Alle heyl! Martha and Mawdelyn eke. Coventry, ii, Serpens: Heyl ffayr wyff and comely dame! welcom(e), -cum. Meaning welcome guest. From OE. wil- cuma, a combination of willa, will, and cwma, comer, an agent- noun from cuman, come. Everyman: Welcome, my Good Deeds! now I hear thy voice. York Plays, xii, 201, Elizabeth: Welcome! mylde Marie. York, xiii, 89, Marie: Welcome! als God me spede. Magnyfycence, 920, Fansy: Nowe welcom, by the God holy! Magn., 1516: Wel- come, Pleasure, to our Magnyfycence. Castell of Perseverance, 588: Welcum, syr, semly in syth! what che(e)re. Meaning how are you? ME. chere was adopted from Norman chere, face, which is from late Latin cara, face, countenance. Hence chere signifies disposition, mood, showing in conduct. Assembly of Gods, 1471: What chere! howe lyketh the thys 384 English Interjections in Fifteenth Century 25 syght? York, ix, 99, Noe: What now! what cheere? WNot- browne Mayd, 45: Myne owne hart dere, with you what chere? God saue you. This expression has lost its force as a blessing, and is, in ME., purely interjectional. Morte Darthur, II, ch. 16: Balyn sayd God saue you. XIII. Dismissal 1. Kindly Dismissal Of the three interjections listed as indicating kindness in dismissal, two have come down to our own time. Good-bye does not occur, since this corrupted form has its origin in the sixteenth century. As shown by the examples, expressions of kindly dismissal are much less numerous than those of angry dismissal. Of the latter, few are common in modern usage. adieu, adew(e), adue. The exact equivalent, in meaning, of the English good-bye. Compare French adieu. From a, to, and dieu, God. Hence, “I commend you to God.” Originally said to the person parted from, as farewell was said to the one leaving. Everyman: Adieu! for I shall never see thee no more! Everyman: Adieu by Saint John! Towneley Plays, xii, 406, Pastor: Now, brethere, adew! WNot-browne Mayd, 235: But nowe, adue! Mankind, 602: A-dew, fayer mastere! Mag- nyfycence, 967: Adue tyll sone. Magn., 1850: Adue tyll to morowe. Magn., 1874: Adewe, for I wyll not come in his clokys. fare well, farewell. An expression of good wishes when friends part. Originally addressed to the one leaving, but, later, merely a formula at parting. Imperative of OE. faran, to go, com- bined with well; OE. wel is a cognate of will, in the sense of agreeably to wish. Towneley Plays, xiii, 568: ffare well all thre. Magnyfycence, 967: Farewell, my frende. Magn., 1850: Fare well tyll sone. Mankind, 155: Far well, jentyll Jaffrey! Mankind, 598: For 385 26 Mary Crawford well, euerychon! Castell of Perseverance, 153: fare-wel, fayre frendys. Castell of Per., 1000: Fare-wel in fere! York Plays, x, 227, Abraham: Farewell! my sone, I sall pe yelde. Every- man: Now farewell, and there an end! Fare fall the, fayre thee befalle. Equivalent in meaning to fare- well above. Towneley Plays, xii, 189, Pastor: fare fall the! Castell of Perseverance, 729: how, Folye, fayre thee befall! Castell of Per., 1795: heyl, syr Kynge! fayre pee befalle! (Here the ex- pression denotes greeting.) 2. Angry Dismissal avaunt. Meaning begone! be off! From French avant, before, forward, which is from Latin ab ante, from before. Originally and literally, avaunt means move on! Onward! Digby Plays, i, 313, Watkyn: Avaunt, ye skowtys, I defye you euery-chone. Mankind, 629: A-vante, knawys! lett me go by! avoyde. A fifteenth century form of avoid. Anglo-French avoider. ‘OF. esvuidier, e-vuidier, to empty out. Hence, to banish. Mankind, 64: A-voyde, goode brother! forth. OE. forth, German fort. Old Teutonic forth from an older *frpo, *prto connected with before and further. Mankind, 495: Forth! & espye were ye may do harme! foule mot the falle, foule myght thou fare. In meaning, the exact opposites of farewell and fare fall the, above. York Plays, xxx, 385: Miles: Flitte fourthe, foule myght pou fare! York, xxxii, 222, Pilate: Foule mot pe falle! hens(e). Meaning go away! From ME. hennes, earlier henne, hen, an adverb with genitive suffix -es, -s. Original stem is *hi, meaning this. Cf. here, used as a call for attention (XVI, 4) below. Mankind, 380: Hens, thevys! ye haue made many a lesynge. 386 English Interjections in Fifteenth Century 27 Magnyfycence, 1725: Hens, thou haynyarde! York Plays, xix, 120: Hense! tyte, but pou pe hye. hee. Evidently a variant of the verb hie, to go, to begone! Cf. hye, hy, as a call of encouragement (XVI, 3). Towneley Plays, xiii, 489, Uxor: So hee! Mankind, 373: Hye yow forth lyuely! for hens I wyll yow dryffe! trus. Meaning be off! ME. trussen, trushen, to go, to be off, as - one who has been sent packing. The primary meaning of trussen is to tie up, to pack. Towneley Plays, xii, 202, Pastor: Trus! go we to mete. vta. Meaning is obscure. Perhaps the word is connected with vath. Cf. vath expressing contempt, in VI above. It may be, however, a purely imitative sound. Or it may be a call for attention. See XVI, 4, below. York Plays, xxxi, 234, Rex: Kyte oute yugilment, vta! oy! oy! XIV. Affirmation and Negation The list of interjections showing affirmation is remarkable for its length, while, on the other hand, one word, with its variants, indicates negation. The number of expressions used to strengthen a declaration is noteworthy. In the fifteenth century, evidently, truth-telling was a virtue not always practised, and a simple statement was hardly to be credited. This condition, doubtless, gave rise to the still greater number of oaths and asseverations (see class XVII) originally used to urge the truth of an assertion. Amen. Through Latin (or French) and Greek, from Hebrew a-mén, certainty, truth, which is from the verb aman, to strengthen, to confirm. York Plays, xvii, 35, Primus Rex: Amen! so myght it bee. Towneley, xii, 189, Pastor: fare fall the!—Garcio: Amen! _Coventry, viii: Amen, ffor charyte. Mankind, 303: Amen! for sent charyte, amen! Mankind, 718: Amen! (dicant omnes). Coventry, viii, Chorus: Amen. Occleve, To the Blessed Virgin, 387 28 Mary Crawford the Mother of God, 140: And of my soule wasshe away the sore! Amen! Ay, ey, [eh]. Meaning yes. For form [eh] see section I, above. Nativity, Herod: Eh! and that kerne of Bethlehem, he shall be dead. \Nativity, Nuntius: Eh, sir, so they showed me. Nativity, Miles: Eh! brother, such tales may we not tell. Nativity, Prophet: Eh! trust it well. Mankind, 124: Ey, ey! yowur body ys full of Englysch Laten. York Mystery Plays, v, 71: Ay! goddis shalle ye be! certes, sertis, certeynlye. Equivalent to im truth, truly. From OF. certes, or @ certes, according to Littré. ‘Latin a certis, meaning from certain (grounds), certainly. York Plays, i, 81, Lucifer: Owe! certes! what I am worthely wroghte with wyrschip, i-wys! Morte Darthur, xiv, ch. 1: Certes fayre neuew sayd she, your moder is dede. Morte Darthur, xvii, ch. xi: Certes, sayd Galahad, and ye blede soo moche ye maye dye. Castell of Perseverance, 296: Certis, I haue no more. Castell of Pers., 339: & sertis thou schalt not wante! Towneley Plays, x, 299: Certys, I forthynk sore of hir. dede. in faythe, mafa(y). Cf. Fr. foi, ma foi. Compare modern Irish dialect, faith! In the next century we find Jlewtie (loyalty) used iim the same way as fay in the fifteenth. Magnyfycence, 663: In fayth, and Lybertyes rome is there but small. Magn., 809: Nay, in good faythe; it is but the gyse. Magn., 292: In fayth, Broder Largesse, you haue a mery mynde. Magn., 2266: Ye, in faythe; or ellys thou arte to great a glotton. Towneley Plays, iv, 39: Ma fa! sone I hope he shall. Towneley, xxiii, 564: Ma-fay, I tell his lyfe is lorne. Towneley, xxiv, 245, Pilate: That appentys unto me, mafa! art thou mad? Merlin, 796: Now, mafey, thanne this goth amys! forsothe, for suth. The modern use of this word is to express contempt. In ME. it kept its original value of in truth. It unites the preposition for and the noun soth, truth. Modern forsooth. 388 English Interjections in Fifteenth Century 29 York Plays, xiii, 209: For suth, I am a mayden clene. York Plays, xvii, 85, Herod: Thre Kyngis, forsothe! Magnyfycence, 1257: But nowe, forsothe, man, it maketh no mater. Magn., 1263: Forsothe, tell on; hast thou any mo? Magn., 2418: Nowe welcome, forsothe, Sad Cyrcumspeccyon. Castell of Perseverance, 327: Ya, forsoth, and that is wel sene. Towneley Plays, xiii, 750: ffor sothe, all redy. Not-browne Mayd, 151: Forsoth, I trowe, ye and your bowe. in dede. Modern indeed. OE. d@d, related to OE. don, to do. Magnyfycence, 36: In dede, Syr, that Lyberte was not worth a cue. Magn., 374: And in dede,- Syr, I here men talke. Magn., 594, Fansy: No, in dede. Magn., 1696: Nay, indede, but I sawe howe ye prayed. Everyman: Yea, indeed, I have it here. | I say, I vowe. Intensive or emphatic. In nature akin to m dede, in truth, for sothe, and I trowe. Coventry Plays, xti: Go chere hyre therefore, I say. Towneley, ii, 32: I say, donnyng, go fare! [Towmneley, ii, 41: Say, mall and stott, will ye not go? Magnyfycence, 306: Gete you hens, I say, by my counsell. Magn., 1167: Wotyst thou, I say, to whom thou spekys? Magn., 2239: Ye be the theuys, I say, away my goodys dyd cary. Castell of Perseverance, 2249: War! syr Glotoun shal makyn a smeke ageyns this castel, I vowe. I trow(e). ME. trowen, OE. triiwian or tréowan, to trust, be- lieve, connected with the noun tréow, trust. Occleve, Jereslaus’s Wife, 114: And robbid ryche folk, ye woot, I trowe. Magnyfycence, 348: I trowe, by our lady, I had ben slayne. Magn., 808: Cockes harte! I trowe thou wylt make a fray. Mankind, 98: I trow, of ws thre I herde you speke. Magn., 2448: A ha! Fansy and Foly met with you, I trowe. Not-browne Mayd, 151: Forsoth, I trowe, ye and your bowe. : God wote, I wote. The third singular, wat, of OE. witan, know, became wot in ME. by regular development. 389 30 Mary Crawford Magnyfycence, 247: Ye coulde not ellys, I wote, with me endure. Magn., 248: No, God wote, it were great payne. i-wys. Meaning certainly. Revived in modern usage; together with eftsoons and words of like nature. The modern form J wis is due to misconception. ‘The prefix 7- is not a pronoun, but a weakening of ge-, the old sign of the perfect participle. Compare German gewiss. The form wis or wys is from OE. witan, know. Cf. wote, above. Hence i-wys originally meant known. York Plays, i, 81, Lucifer: Owe! certes! what I am worthely wroghte with wyrschip, i-wys! Magnyfycence, 1176: Nay, iwys, fole; itis a doteryll. Castell of Perseverance, 201: I-wys, fro Carlylle In- to Kent, my carpynge pei take. Coventry, xii: That she is with i-wys. Nativity: For the breathing of these beasts hath warmed well, i-wis. pard(i)e, perde. Literally, an oath, per Dieu. Cf. French dieu, God. Not-browne Mayd, 187: That where ye be, me semeth, parde. Towmeley Plays, xiii, 426: Perde. Occleve, To the Blessed Virgin, the Mother of God, 87: By thee the world restored is pardee. Magnyfycence, 1308: Yes, perde, man, whether that ye ryde or go. Magn., 1755: Yet somtyme, parde, I must vse Largesse. York, xv, 45: Me falles for to haue parte, parde! Everyman: Ye promised me otherwise, pardie! sikerle, sekerlye. Meaning certainly. In Scotch dialectal usage, sickerly. OE. sicor, stker, from Latin, securus, without care. Secure and sure are doublets of sicker. York Plays, xxxviii, 303, Miles: Sekirlie, I telle vs schente. York, xiii, 63: But is nought sho, sekirly. Merlin, 836: No, so me good helpe, Sire, Sikerle! Guy of Warwick, 6998: I yow sey, sekerlye. Coventry, xii: Sekyr, sere, beth nowth dys- mayde. Battle of Agincourt: And the Earl of Devonshire, sikerly ! verily. Meaning truly, certainly. From OF. verai (Fr. vrai, true), combined with ME. ending -/y. Connected with Latin ao0 English Interjections in Fifteenth Century 31 veracem. Hence verily is a hybrid, composed of a Latin root and a vernacular suffix. Everyman: Nay, verily! Everyman: Verily, Fellowship, gramercy! Everyman: Trust me, verily. ye, ya, yaa, yee, yea, yha, yhe, yis, yys, yey, yes. All ME. forms of modern yes. Mankind, 85: Yys, Mary, I prey yow. Wisdom, 712: Ya! wo ys hym xall hem offende? Magnyfycence, 506: Yes, yes, by lakyn, I shall the warent. Magnyfycence, 609: Ye, for your wyt is cloked for the rayne. York Plays, xi, 231: Yaa! sir, he saide pou suld despise. Digby Plays, Burial of Christ, 186: Yee, yee, Josephe! of hir he had grete compassion. Towneley, xii, 135: yey, bot tell me, good, where ar youre shepe, lo? London Lyckpenny: Yea, by Cock. Coventry, Xxx, stage direction: Et clamabant omnes: “ yys! yys! yys! alle we seye he is worthy to dey, ya! ya! ya!” York, v, 41, Satan: Yha, Eue, to me take tente. . York, v, 75, Satan: Yhe! why trowes pou noyte me? York, xxviii, 299: Whe! jis, felawes, be my faith he is fast. yowe. In meaning, perhaps equivalent to ya and its variants, above. York Plays, xxx, 295, Cayphas: Yowe! that schalke shuld not shamely be shente. nay, na, no. Nay is a loan-word from ON. nei, no, not, which is composed of the negative particle and ei, ever (compare Gothic aiw). Hence nay is, literally, not ever. The ME. no has been noted but rarely in exclamations. Towneley Plays, iv, 128: Shuld I that ganstand! We, nay, ma fay! Towmneley Plays, ii, 93, Caym: Nay! thou fyndys me not so mad! Towneley Plays, ii, 314, Caym: We! na! I aght the a fowll dispyte. Coventry, xii, Joseph: Nay! nay! yet it God fforbede. London Lyckpenny: Nay, by Cock. Siege of Harfleur: Nay, said the captain, by God and by St. Denis! Wisdom, 853: Nay! I kan bettur hym qwytte. Mankind, 118: Be-tray! nay, nay, ser! nay, nay! Castell of Perseverance, 1718: Nay! be Belyals bryth bonys. York, xi, 338, Rex: No! 391 32 Mary Crawford devill! will itt no bettir be? York, xi, 325, Rex: No, devill! and sitte they so in pees? XV. Doubt, Disapproval The form listed as expressing doubt or disapproval is one very common in modern usage, although its variant, ahem, occurs more frequently. hem. Originally a vocalized representation of the sound made in clearing the throat with a slight effort. Used to attract atten- tion, or to express doubt or hesitation. Magnyfycence, 664: Hem! that lyke I nothynge at all. Magn., 211: Hem, Syr, yet beware of “ Had I wyste!” XVI. Various Calls 1. Calls for Help Middle English literature is rich in cries and calls of all kinds. As is to be expected, these are most common in the dramatic lit- erature, and are ascribed most frequently to rustics, as the shep- herds, Cain, Esau, and others of the less dignified characters. Some of the most unusual of these expressions are found in modern dialect speech. harrowe, herrowe, harow, haro(o), harro, harowe. (The form haroye is found in the Chester Plays.) Meaning is help! Cf. French haro. Origin uncertain. It may be merely an imita- tive sound. Adopted from OF. haro, haron, harol, of obscure origin. Obsolete in English since the beginning of the seven- teenth century. As early as the fourteenth century, the popu- lar idea was that this expression was a call upon .Rau, Rollo, or Raoul, who led the Northmen to France. But this (cf. Oxford Dictionary) is inconsistent with the form of the word. Littré says: “Diez condemns the ha Raoul theory. He sug- gests the OHG. hera or hara, Old Saxon herod, which meant here.’ This accords with the meaning, which is, come here! come to my help! Gavin Douglas, King Hart: Quhat was peir mair, but 392 English Interjections in Fifteenth Century 33 “harro! taik and slay!” Magnyfycence, 2324: Out harowe! hyll burneth! where shall I me hyde? York Plays, bi OF, Lucifer: Owte owte! harrowe! helples, slyke hote at es here. Towneley, ii, 275, Caym: We! out! haro! help to blaw! Nativity: Out! villain wretches, haro upon you I cry. York Plays, ix, 99: Uxor: We owte! herrowe! York, xi, 403, Rex: Owte! ay herrowe! devill, I drowne! Towneley, ix, 74: Im- perator: Out, harow, full wo is me! Towneley, xiii, 438, Mak: Bot I may cry out “haroo!” help(e). Imperative of verb help, OF. helpan. York Plays, i, 94, Lucifer: Helpe! felawes, in faythe I am fallende. York, ix, 101, Noe: Helpe! my sonnes to holde her here. Digby Plays, Mary Magdalene, 265: A! help! help! I stond in drede. Mankind, 106: Lady, helpe! Castell of Perseverance, 2556: A, swete ladys, helpe! Everyman: O Jesus, help! all hath forsaken me! 2. Calls to Stop abyde. OE. abidan, to remain, to wait. Scotch bide. Mankind, 424: Abyde! to sone I xall yt se. Towneley Plays, xxv, 229: how! thou belamy, abyde! halde on. OE. healdan, haldan, restrain, keep. Anglian form haldan stayed in North, but in Midland and hence in standard English, the verb became hold. See beholde as a call for at- tention (XVI, 4). Halde on means stop! wait! hold on! York Plays, xv, 63, Pastor: Yf ye will helpe, halde on! (Here equivalent to “Stay! it was thus!”) ‘Mankind, 672: Holde, master Myscheff! & rede this! have do. Meaning cease! have done! do is the participial form . of OE. dén, with loss of the . Coventry Plays, xvi, Pastor: Have do! this songe begynne. Castell of Perseverance, 2238: haue do, my chyldryn! now _haue do! Castell of Pers., 1878: Haue do panne! the deuyl ” pee tere! Towneley Plays, xiii, 663: hold youre tonges; haue done! 393 34 Mary Crawford ‘wemo. Compare this form used to show surprise, in I; irrita- tion, in IV; contempt, in VI. Towneley Plays, vi, 132, Esaw: Wemo! felows, hold youre hend. . 3. Calls of Encouragement come of. Inthe sense of come on. OE. cuman, come, has imper- ative cum, cym. In ME. the spelling changed from w to 0. Compare the modern slang phrase come off! equivalent to “Stop what you are doing and do what I wish.” Morte Darthur, xx, ch. 4: Come of thenne, sayd they alle, and do hit. York Plays, xxix, 153, Malcus: Come of, do tyte! (quickly). doo. Meaning is obscure. Apparently an interjection in the ex- ample quoted. However, it may be elliptical for do say! York Plays, xxviii, 266: Doo, whame seke ye all same? hy(e). Means to make haste. Compare hee expressing angry dismissal (XIII, 2). Cf. also, modern hie. York Plays, xxviii, 181, Cayphas: Sir knyghtis, in hy! The same expression is used adverbially, as follows: York, xxviii, 187, Miles: Go we hens pan in hy. let see(n). Equivalent to come on! let us see! Found in Oc- cleve, The Court of Good Company, 64: Ensaumpleth vs let - seen & vs miroure. York Plays, xxviii, 158: Late se sir, I pray you.. York, xv, 63: lf ye will helpe, halde on! late see, for pus it was. . do tyte. Meaning hasten! tyte, in the Yorkshire dialect, and others, means soon, readily, quickly. See Wright, English Dialect Dictionary. York Plays, xxix, 153,.Malcus: Come of, do tyte! Mankind, 152: Felouse, go we hens tyght! 4. Calls for Attention awake. From OE. wacan, to wake, with intensive prefix a-. Towneley Plays, xii, 296, Angelus: herkyn, hyrdes, awake! 394 English Interjections in Fifteenth Century 35 behold(e). OE. dihalden and modern German behalten are cog- nate. The application of the, word to watching is, among modern languages, confined to the English. But Gothic records halden only in the meaning watch over, guard, herd cattle. Hence beholde is equivalent to the phrase, hold in observation. Occleve, To the Blessed Virgin, the Mother of God, 126: Beholde! Digby Plays, Conversion of Saint Paul, 412: Ho, ho, be-holde me, the mygte prince of the partes infernall. ey. Compare other uses in sections I and XIV. Here ey is equivalent to ho! or hail! Mankind, 337: Ey, Mankynde, Gode spede yow with yowur spade! Castell of Perseverance, 2367: Ey, for Beyalys bonys, pe kynge, where-a-bowte stonde ye al day? hark, herke, herkyn. As in modern use. The imperative form. ME. hercnen, hercnian, from OE. heorcnian, hercnian gives hearken, from the source of Eng. hark. German horchen. Mankind, 479: Herke now! I say pou hast many a peny? York Plays, xv, 37: Herkyn to me! York, xxix, 132: Herke! Knyghtis. Nativity: Hark, Sim, hark! J hear our brother on the lo. Towneley, xii, 264: Bot hark! who so can best syng. Magnyfycence, 1110: Ha, ha, ha! herke, Syrs, harke! Towneley, xii, 296, Angelus: herkyn, hyrdes, awake! Nativity: Hark! they sing above in the clouds clear. York, xxix, 276: Herke! Jesus of Jewes will haue joie. hay. Cf. hay expressing merriment, in X above. In modern usage, commonly spelled hey! ‘Scotch (h)ot! Magnyfycence, 303: Go shake the, dogge, hay! Mankind, 713: Hay, doog! hay, whoppe! whoo! Magn., 1118: Hay, chysshe! come hyder ! hem. See hem expressing doubt or disapproval, in XV above. Magnyfycence, 779: Hem, Colusyon! Magn., 1198: Hem, Fansy.! regardes, voyes vous. ho(o). Cf. ho used in anger, IV above. The Nativity: What ho! fellows! ho! ho! ho! London Lyck- penny: And one cryed “Hoo! go we hence!” 395 36 Mary Crawford how(e). In meaning, equivalent to ho above. See also how ex- pressing astonishment, in I. Towneley Plays, xii, 83: gyb, I say, how! Towneley Plays, © xxv, 229, Satan: how! thou belamy, abyde! York, xxviii, 292: Howe! felawes, drawe nere. Coventry, vi, Deus: Moyses, how! Moyses, Herke tome. Henryson, The Paddock and the Mous: How, Juppiter! of nature god and king. Castell of Perseverance, 579: How, lord! loke owt! Mankind, 725: What, how! ostler, hostler! lende ws a foot-ball! Castell of Per., 1727: Howe! Flypyrgebet! Bakbytere! lew. The meaning is uncertain. It is perhaps a variant of lo! Joo! This is in accord with its use in the example cited. Towneley Plays, iii, 507, Uxor: Hence bot a litill she commys, lew, lew! lo(o), lok(e), loke out. Lo and Joo are probably shortened forms of ME. loke, OE. imperative loca, from locian. Very frequent in ME. Occleve, Letter of Cupid, 445: Lok! and ye shal so fynde yt hardely. Castell of Perseverance, 579: How, lord! loke owt! Merlin, 1573: lo, quod Merlyne, a custoume it Js. Mankind, 138: Lo, mastur! lo! here ys a pardon bely mett. Towneley Plays, ii, 34, Caym: lo! now hard she what I saide. York, x, 225, Abraham: But loo! her sall no force be felde. Morte Darthur, vii, ch. 11: Lo, said the damoysel, yonder is a lord that oweth yonder cyte. Kingis Quair, 49 (amended text): lo! suich delyte. Occleve, Letter of Cupid, 453: But oonly, loo for this entencion. Everyman: Lo! Fellowship forsaketh me. Not-browne Mayd, 201: Loo! myn herte swete. Not-browne Mayd, 217: Loo yet before ye must doo more. York, xxviii, 2506: Be-holdis all hedirward, loo! oyas, oy. Meaning hear ye! OF. oiez, oyez, imperative plural of oir, hear, from Latin audicatis. Identified, through mis- conception, with the two words O yes and often so written. See the Oxford Dictionary. As shown by the examples, oyez or oyas was the call of a court officer to win attention to an announcement. 396 English Interjections nm Fifteenth Century 37 York Plays, xxx, 360, Beadle: Oyas! oyas! York, xxxi, 239, Rex: oy! man, arte pou woode? York, xxxi, 319: Do crie we all on hym at onys: Oyes! oyes! oyes! Towneley, i, 416, Caym: And cry oyes, oyes, oy! Coventry, x, Nuncius: Oy! al maner men takyth to me tent. Mankind, 659: Oy-yt! Oy-yyt! Oyet! se. OE. imperative seoh, from séon, to see. Magnyfycence, 572: Cockes woundes! se, Syrs, se, se! whe. Equivalent to ho above. In etymology, apparently con- nected with we, section I above. York Plays, xxviii, 250: Whe! stand, traytoure, I telle pe. York, xxviii, 251, Cayphas: Whe! do, knyghtis, go falle on be-fore. York, xxviii, 299: Whe! yis, felawes, be my faith he is fast! what. For etymology see what expressing surprise, in I above. York Plays, xv, 44: Say, felowes, what! Magnyfycence, 396: What! I say, herke a worde. Mankind, 719: What, how, Mankynde! fle pat felyschyppe, I yow prey! Magnyfy- cence, 325: What, Fansy! Fansy! here. OF. hér. Evidently connected with the pronominal stem *Iu (this), which also yields hither and hence. The develop- ment is not clear. Mankind, 425: Here, here! se my hede, goode master! who(o), whop(p)e, whow, anow. Apparently, natural ejacula- tions to attract attention. Mankind, 600: Whope! who! Mercy hath brokyn hys neke- kycher a-vows. Mankind, 713: Hay, doog! hay, whoppe! whoo! go yowur wey lyghtly! Mankind, 726: Whoppe, whow! a-now, a-now, a-now, a-now! 5. Calls of Warning alarum. Meaning to arms! Composed of a, /’, and arme. The first examples are found about the commencement of the fourteenth century. Note Italian all’arme, a signal to an- nounce the approach of the enemy. 397 38 Mary Crawford Magnyfycence, 2323: Alarum, alarum! to longe we abyde! asarme, as armys. Means to arms! Formerly OF. as armes! at arms. Castell of Perseverance, 2070: As armys, Mekenes! Castell of P., 1970: “asarmys,” as an heyward. York Plays, xix, 276: Asarme! euere ilke man. wa(a)r, be ware. Meaning look out! OE. war, wary. Still used interjectionally in dialect speech of England and Scotland. See English Dialect Dictionary. Towneley, ii, 25:.Ilo furth, greyn-horne! and war oute, gryme! Towneley, xxiv, 73: War, war! for now com I. Castell of Perseverance, 2236: War, war! late mans flesche go to! Castell of P., 2249: War! syr Glotoun schal makyn a smeke a-geyns pis castel, I vowe. Mankind, 109: Be ware! ye, may son lyke a bofett. Mankind, 166: Be ware pereof! yt ys wers than ony felony or treson. Towneley, xxiv, 113: War, war! and make rowme. Occleve, La Male Regle de T. Hoc- cleue, 244: Lordes! beeth waar! Occleve, La Male Regle, 351: Be waar, Hoccleue! 6. Calls for Silence Pe(e)s, pesse, peace, peas(s)e. In ME. a verb meaning be silent, stop. From the ME. noun pees, pais, OF. pais, paiz, Fr. pair, Latin pax, pacis. Cf. appease. York Plays, xvii, 74: Pees! dastard, in pe deueles dispite. York Plays, xxviii, 275: Pees! Petir, I bidde pe. Magnyfy- cence, 998: Pease, man, pease! Mankind, 420: Pesse fayer babys! Castell of Perseverance, 340: Pes, aungel! bi wordis are not wyse! ‘Everyman: Peace! I am deaf! I look not behind me! Towneley Plays, ii, 400: Peasse, man, for godis payn! Towneley Plays, xiii, 460: Peasse, man, be still! qwyst. Identical with modern colloquial whist! be silent. An imitative form. Mankind, 586: qwyst! pesse! pe Deull ys dede! Mankind, 550: qwyst! pesse! I xall go to hys ere. 398 English Interjections in Fifteenth Century 39 7. Calls to Animals hyte. A word of encouragement to urge a horse forward. Towneley Plays, Il, 55: harrer, morall, iofurth, hyte! stow(e). A call for hawks. In modern use as an interjection in the Shetland and Orkney Islands, with meaning of hush! silence! See English Dialect Dictionary. Magnyfycence, 912: Fansy, craynge: Stow, stow! Magn., 968, Fansy: Stowe, byrde, stowe, stowe! teuyt. Meaning is obscure. Like stow above, it may be a call to a hawk. Magnyfycence, 1005, Fansy: Teuyt, teuyt! tyr. A call to sheep, meaning skip! go on! Apparently opposite in meaning to whyr, below. Towneley Plays, xii, 114, Pastor: I say, tyr, now agayne! Towneley, xii, 113: I say, tyr! war. A hunter’s call. Towneley Plays, 1i, 29, Caym: War! let me se how down will draw. whop. A call to sheep. Its apparent meaning is go on! for the first shepherd is always urging them, as opposed to the second shepherd. The word is found in the Yorkshire dialect in the sense of to hurry, to pass by swiftly. See the English Dialect Dictionary. Towneley Plays, xii, 19, Primus Pastor: Whop! whyr. A call to sheep, meaning, evidently stop! be quiet! as opposed to whop above. Towneley Plays, xii, 117, Secundus Pastor: Tup, I say, whyr! XVII. Oaths The following oaths are merely listed, with citations of their occurrence. No attempt is made to give examples in full, with the connection, since there is little danger of ambiguity. The gen- eral classification is in part based on that suggested by W. L. Ram- say in his edition of the Magnyfycence (E. E. T. S., extr. ser. 98, p. 83). 399 40 Mary Crawford 1. By the divine name, parts, or attributes. Lorde, Magnyfycence, 1875. Lorde God, Magn., 2047; Assembly of Gods, 1930. (Lord) Jhesu, Morte Darthur, iv, ch. 21; vii, ch. ii, iv, ch. 23; Magn., 318, 324. My God, Coventry Plays, xiii. By God of heuen, Magn., 1080. Verray God, Three Kings’ Sons, p. 8, 1. 18. By heuen kyng, Wright’s Chaste Wife, 439. Be Cryste; by Cryste, Guy of Warwick, 7959; Magn., 922; Mankind, 559. By ihesus, Towneley, xii, 308. By God, Magn., 341; 754; 289; 346. By the goode Lorde, Magn., 1253; Magn., 1732. By the God holy, Magn.,920. By Jesse (Jesu?), Magn., 975. By Jesu that slayne was with Jewes, Magn., 2167. By Hym that crosse kyst, Magn., 1416. By Hym that hell did harrowe, Magn., 1561. By the holy trinitye, Mankind, 370. By God and St. Denis, Siege of Harfleur. Goddys sake, Pilgrimage of the Life of Man, 839; Magn., 2251; Coventry, xiii. In Goddys name, Magn., 2397; Mankind, 68; Coventry, xiii. God’s grace, Harfleur. Goddis loue, Castell of Perseverance, 1442. Gody’s myght, Wright's Chaste Wife, 326. Godes pyne, Wright's Chaste Wife, 461. By hym that all wrought, Wisdom, 771. By hym that me dere boght, Towneley, ii, 461. Be Jhesu Cryst that me dere bowt, Mankind, 116. For Goddes brede (bread), Magn., 1728. For the passyon of God, Magn., 2276. By Goddes sacrament, Magn., 943. By Goddes cope, Magn., 1116. By Goddys body, Magn., 948; 399; Castell of Per., 2923. By Cokkes body (Cokke and Cocke are corruptions of the name of God), Man- kind, 605; Magn., 682. By Cocke, London Lyckpenny. By Cockes bones, Magn., 801, 961. By Goddes fote, Magn., 768; 2216. Bi Godis sydis (sides), Towneley, ii, 458. Goddis sande (hand), York Plays, xiii, 218. (This is an interesting case of attraction of one letter of a word to the next word. Cf. Sent Tanne, in XVII, 2.) By gottys dere nalys (meaning the nails in the cross), Towmneley, xvi, 116. Goddys blod, Castell of Per., 880. For Cristis blod, Castell of Per., 403. Cockys harte, Magn., 512; 576; 574; 596; 685; 783. Cockes wounds (modern zounds!), Magn., 572; 1619. Cockes armes, Magn., 782; 573; 1615. His armes, Towneley, xxiv, 324. By the 400 English Interjections in Fifteenth Century AI harte of God, Magn., 1157. Be Goddis yne (eyes), Magn., 1100. Crystes cross, Towmneley, xiii, 118; Mankind, 435. Crystys curs, Mankind, 99; Towneley, xiii, 147. Dewes (probably a corruption of the name of God), York, i, 92. Dogg, Dogges (probably a mutilation of the name of God), York, xvii, 121; xi, 240; xix, 106. Magn., 303. Cryst it blysse, Magn., 974. God it forfende, Magn., 1115. God forbede, Magn., 246; Cov- entry, xii. God wote, Magn., 248; Mankind, 778; Castell of Per. So me good (God) helpe, Merlin, 836. So helpe me God, Magn., 1259; 1653; 1733; Mankind, 227. So God haue mercy on me, Merlin, 791. So (Als) God (the) spede, Wright's Chaste Wife, 537; 546; Magn., 379; York, xiii, 89. I make (give) (God) a-vowe, Mankind, 494; 617; Castell of Per., 880; Wisdom, 893; Towneley, xii, 84; Magn., 529; 1827. To God I make an othe, Magn., 145. To (For) God avowe, Magn., 1817. So god me rede, Guy of Warwick, 3252. 2. By the saints Sent Powle, Wisdom, 487; 907. Be Sent Quisyntyne, Mankind, 264. (This may be the source of the sixteenth century Gis, but Gis may be a variant form of Jesus.) Sent Dauy, Man- kind, 802. By Saint John, Siege of Harfleur; Everyman. Sanct Iohne (John) to borrowe, Kingis Quair, stanza 23. By Saint Anne, Everyman. Sent Tanne (St. Anne), Man- kind, 75. (This is a case of attraction. Cf. Goddis sande, under oaths, above.) Be sanct bryd, The Murning Maiden. Sant nycholas, Towneley Plays, xiii, 118. Saynt Sym, Mag- nyfycence, 585. Sant thomas of Kent, Towneley, xiii, 458. Seynt Mychell, Guy of Warwick, 7074. For seynt Charyte, Guy of Warwick, 7153; Mankind, 205, 303. By God and by St. Denis, Harfleur. Sent Deny (a variant of St. Denis), Mankind, 480. By our Lady, Everyman; Magn., 348; Man- kind, 429. By (our) lakyn, Magn., 338; 1806; 506. By saynt Mary, Magn., 821, 2212. Marry, Mary, Everyman; Magn., 24; 652; 656; Towneley, iii, 226; Mankind, 85. By Mary full of myght, Wright's Chaste Wife, 468. Bi mary, Towneley, iii, 209. In Marye name, Kingis Quair, st. 17. 40I 42 Mary Crawford That Mary mott the spede, Wright’s Chaste Wife, 501. By the holy Mary, Mankind, 628. Sant Iame (James?), Towne- ley, xiii, 380. 3. By the devil Be Satan, Castell of Perseverance, 552. By appolyn, Apolin (the destroyer), Towneley Plays, xxiii, 533; Guy of Warwick 3635. Devill, dewyls, York Plays, xi, 37; 403; Towneley, vii, 326; ix, 73; ix, 76. What (the) dyvell, York, xi, 47; Castell of Per., 2944; Magnyfycence, 627; 496; 795; 796; 791; 793; York, xi, 3253. xi, 338. In: the deuelway, York, xxxvii, 133.. A deuell way, Mankind 153. Where the deuyll, Magn., 1128. Deuell me thynketh, York, vii, 60. What the deuyll of hell, Magn., 1745. What the deuyll ayleth you, Magn., 636. In the dyuyls date, Magn., 944; 2072. The deuyll spede whyt, Magn., 1007. As the deuyll wolde, Magn., 941. For the armys of the dyce, Magn., 781. (If dyce is connected with dewes, as seems probable, this should be listed under 1,—oaths by the divine name.) By Belyalays bonys, Castell of Per., 1823; 1799; 2187. In the deueles dispite, York, xvii, 74. 4. Miscellaneous By Mahoune’s blode, Towneley Plays, xx, 157. By mahowne in heuen, Towmneley, xvi, 127. Be glorious Mahounde, my soverign Savyour, Coventry Plays, xxix. Jupiter (used in a whimsical sense), Henryson’s The Paddok and the Mous. By my syer’s soule, Magnyfycence, 1088. By the masse, Magn., 764; 533; 513. By the rode (rood), Magn., 1197; 1140; 1870; Towneley, xiii, 182. By the rode of Woodstocke Parke, Magn., 1210. By the armes of Calys (Calais), Magn., 675. By the harte that Gode me gave, Magn., 1782. By my hede (head), Morte Darthur, iv, ch. 5. On my lyf, Morte Darthur, vi, ch. 3. Bi this day, Towneley, xxiii, 186. Ffor charyte, Coventry, viii. Pur charyte, Guy of Warwick, 7204. A very vengeaunce, Magn., 2105; 2198. In the mare’s name, Magn., 1391. By my trouthe, Magn., 812; 343; 363; 537. 402 English Interjections in Fifteenth Century 43 Be my feith, York, xxix, 229. By the faythe that I owe to God, Magn., 2209. By your soth, Magn., 350. XVIII. Maledictions Expressions of malediction are more numerous than those of blessing (see division XIX). As stated in the introduction, both classes are of the interjectional type, having lost their earlier force. God geue the care, Wright’s Chaste Wife, 463; Mankind, 615. Gog gif the sorow, Towneley Plays, ii, 44 (Gog is a mutilation of the name of God). Foule mot the falle, York Plays, xxxii, 222. Foule (or Evil) myght thow fare, York, xxx, 385; Cas- tell of Perseverance, 1817. The devyll (the) speyd, York, vii, 77; Xi, 332; xix, 106. The devyll might speyd both him & the, York, vii, 95. The devyll the drowne, York, xi, 240. To the devell of helle, York, xi,67. The deuyll motte you drawe, York, xxx, 431. Nowe to the deuyll I the betake, Magnyfy- cence, 401. Ile joie hym wring, York, xxxvi, 76. Ill happe on thy hede, York, xxix, 307. Woo worthe the, York, v, 107; v, 150; Magn., 2103. I pray God gyue you confusyon, Magn., 597. God sende the brayne (brain, caution), Magn., 608. (Here used teasingly.) Our Lord send you a very vengeaunce, Magn., 2237. God gyue a very myschaunce! Magn., 497. God gyve him a myscheffe, Magn., 1730. The devyl thee tere, Castell of Per., 1878. Evil mote he preve, Occleve, Letter of Cupid, 55. I beschrewe ye all, Mankind, 80. Gode gyff hym ewyll grace, Mankind, 606. XIX. Interjections expressing Invocation, Blessing Gode let (hinder?) hym neuer then, Mankind, 297. Jhesu, Morte Darthur, i, ch. 15. God his soule quyte, De Regimine Principum, 2077. God be our spede, Towneley Plays, xii, 295. God saue yow, Morte Darthur, i, ch. 16. Cryst be amonge you and the Holy Goste, Magn., 2385. Now Cryst it blysse, Magn., 974. Jhesus preserve you, Magn., 1796; 2567. Blessyd be our Lorde, Magn., 1584. Blessyd may ye be, Magn., 2327. Blyssyde be Ihesu, Mankind, 304. 403 44 Mary Crawford XX. Exclamations Purely Imitative Other imitative exclamations, as fie, qwist, and calls to animals have been listed under different headings. Those found in this division are rare, and examples are, therefore, few. lully, lullay. English Carols: lully, lullay, thou little tiny child. By by, lully, lullay. terli, terlow. Eng. Carols: They sang terli, terlow. hey, huffa, troly loly. Songs of Conviviality: Hey, troly, loly. Huffa, galand. Magnyfycence, 1251: He dawnsys so long, hey troly loly. Puf. Towmneley, ii, 277, Caym: Puf! this smoke does me mych shame. (Cain is choked with smoke.) XXI. Expletives with Vocative, and Other Expressions Interjectional in Form, but Lacking in Force With one exception the forms listed in this class are still in use with the vocative, or as introductory expletives. a. Morte Darthur, iv, ch. 1: A, sayd the Kynge, syn ye knowe of your aduenture, peruey for hit. Morte Darthur, vii, ch. 11: A, foole, said she, thou were better flee by tymes. Morte Darthur, vii, ch. 13: Aasayd persaunt, that is the knyght’s of'the reed launde. Blanchardyn and Eglantine, ch. 23: A, madame, saide blanchardyne, pardoune me. Blanchardyne and Eglan- tine, ch. 23: Aa, gentyl knight, forced I am at this houre present. Castell of Perseverance, 870: A, Auaryce! wel thou spede! Castell of Per., 1164: A, Glotony! wel I pee grete! adonay. Meaning Lord, from Hebrew adonai, a plural form. Represented in the authorized version by the word Lord in ordinary type. Adonay is sometimes of a more forceful nature than is indicated by the example cited below. This is shown by a passage from the Chester Plays, xxxv, 273, where Balaack says indignantly: Thou preachest as a pie, adonay! Towneley Plays, xvii, 8, Symeon: Now help, lord, adonay! 404 — English Interjections in Fifteenth Century 45 haa, haha. Ina purely vocative use, equivalent to ah! Eneydos, ch. 54: haa, goode kynge! Eneydos, ch. 57: Ha, ha, valyaunte bacheler. Ow(e), O00, O. A mild interjection here, equivalent in force to modern ah. Assembly of Gods, 1930: Oo, Lord God! seyde Doctrine, canst thow not? Mankind, 816: O Mankend, ... pis is a lamentabyll excuse. Mankind, 818: O, blyssed Ihesu, help thou this synful synner to redeme! Castell of Perseverance, 830: Ow, Mankynde! blyssyd mote pou be! Castell of Per., 1224: Owe, Slawthe, thou seyst me skylle! so. Apparently used as modern so, to express a mild sympathy. In the example quoted, the use is rather jesting. Magnyfycence, 2071: A, so! that syghe was farre fet! well. Merely an introductory expletive. OE. wel is cognate with wil] in the sense of agreeably to wish. Cf. farewell! in SOREL @ x, Morte Darthur, xx, ch. 12: Wel, wel, sayd Sir Gawayne to Launcelot—thou shalt not escape my hands. Magnyfycence, 300: Wel, wyse men may eat the fysshe, when ye shal draw the pole. 405 IV.—ON INDEFINITE COMPOSITES AND WORD-COINAGE. BY LOUISE POUND Recognition of “blending” as a mode of word-formation, the telescoping of two or more words into one, as it were, or the superposition of one word upon another, is not new among ety- mologists, although the subject has never been given separate or very elaborate treatment. Some instances of these factitious amalgam forms, the “portmanteau words” of Lewis Carroll’s Through the Looking Glass, the blend or fusion forms of etymolo- gists or lexicographers, are dumbfound from dumb and confound, dang from damn and hang, gerrymander from Elbridge Gerry and salamander, electrocute from electric and execute; probably boost from boom and hoist, lunch from lump and hunch, luncheon from lunch and the now obsolete nuncheon, scurry from skirr or scour and hurry, squirm from squir and swarm, also numerous mongrel slang or dialect forms, often jocular in intention, like the Amer- ican slantendicular, solemncholy, happenstance, grandificient, sweatspiration, or the English dialectal rasparated, boldacious, bold- rumptious. Blend forms have been noted for French, German, and other European languages, and probably have an antiquity which it would be futile to try to trace. Wiclif and other writers, from the fourteenth to the sixteenth century, use austern, a com- posite of austere and stern; Shakespeare uses bubukle from bubo and carbuncle, and porpentine, which may be a crossing of porcy- pine and porpoint; and undoubtedly many such forms have won acceptance, from time to time, in the history of the language; although, in most cases, they would be difficult to solve, after use long enough for the striking or whimsical quality which gave them vogue to become dimmed. Nevertheless it is safe to affirm that factitious blends are being made with the greatest frequency, and have their widest diffusion, 407 2 Louise Pound at the present time.t’ For one thing, the modern bent toward con- scious analysis of language, the persistent interest in etymology, and the increased knowledge of the processes of word-formation, have led to increased self-consciousness in the handling of lan- guage. They have brought greater relish of peculiar or character- istic usages, and hence more effort—sometimes desperate and varied effort—to reach new linguistic effects. Other factors that may have helped to give special impetus to the present inclination toward fusion forms are the popularization of writing of all kinds through the spread of education and the multiplication of readers, the creation of a class of professional humorous, or semi-humor- ous writers, mainly journalistic, and lastly the growth of realism, which has swept into print a mass of dialect forms, whimsical, perverted, and fantastic, such as never crossed the linguistic horizon of the average reader of a hundred years ago. Especially frequent of creation at present, and accepted in standing, are blend-formations in scientific nomenclature, as chloroform, or for- maldehyde, and designations created for various newly invented articles in trade, as Nabisco wafers, made by the National Biscuit Company, Sealpackerchief, for a sealed package of pocket hand- kerchiefs, Pneu-Vac, for a vacuum cleaner, or Locomobile, for a certain variety of automobile. But there has not been recognition, at least not specific or defi- nitely formulated recognition, of the fact that vague or indefinite blending exists as a mode of word-formation alongside the more obvious and intentional amalgamation which has challenged and monopolized attention hitherto. The suggestion may be specula- tive or conjectural, rather than concretely demonstrable; but the hypothesis here put forward, if valid, sheds light in a few dark corners of the etymological field. The most usual modes of creat- ing folk-words at the present time are through imitation of nat- ural sounds, as fizz, kersplash, chug-chug; through analogical ex- 1In a forthcoming study entitled Blends: Their Relation to English W ord-Formation, to be issued in the Anglistische Forschungen series, the author expects to illustrate fully their vogue and the frequency of their coinage at the present time, and to note their various usages and characteristics. 408 Indefinite Composites and Word-Coinage 3 tension or enlargement, as judgmatical or splendiferous; through curtailments, like bus from omnibus, auto from automobile; through the creation of new words from proper names, as mercer- ize, mackintosh, pasteurize, boycott, and the like. Alongside these familiar methods of language creation or modification, many words peculiarly perplexing to etymologists probably originate in a sort of indefinite or eclectic fusion of certain vaguely recollected words, groups of words, or elements in words, already existing in the language. Nor is it unlikely that echoic composites of this class may equal or outrank, in number and importance, the more intentional and recognizable fusion forms which have hitherto attracted the attention of linguists. _ The process of word-coinage which, for expediency in classify- ing the words involved, or in characterizing their manner of origin, I have called in this paper indefinite blending, or reminis- cent amalgamation, borders not only upon blending or fusion proper—definite blends of few and easily recognizable elements being the more likely to be conscious formations and to retain unimpaired the potency in implication of their various elements— but also upon onomatopoeia, or direct imitation of natural sounds, and upon the unconscious symbolism of sounds.? The latter arises partly from the nature of the sounds themselves; for ex- ample from the difference in suggestive power between open or close, high or low vowels; in the quality of certain consonant com- binations; in the difference between explosives and continuants ; between voiced consonants and voiceless. Poets in particular are likely to avail themselves of this principle to attain what is called ‘tone color’ But the symbolism may also arise, or find its sug- gestive power, partly through association with familiar established words in which these sounds occur. The subtle suggestion of combinations of letters is a subject as yet little investigated. To proceed to specific illustration, it is obvious that certain consonant groups are likely to retain the associations of prominent 2For a suggestive passage on the symbolism of sounds, having some bearing on the matter under discussion, see L. P. Smith, The English Language, pp. 102-105 (1912). But see especially H. Bradley, The Making of English, pp. 156-159 (1904). 409 4 Louise Pound words in which they are found; as the initial sqg- of squeeze, squelch, squirt, squirm, may unconsciously convey the idea of im- petus or motion, rather violent motion, perhaps. The final -sh of crush, crash, splash, wash, gush, dash, squash, mash, swash, etc., also suggests motion, in this case motion which is continuous, as symbolized by the final spirant. The factitious English and American sqush,? or squush, and the English squish, which have these sounds, may be direct blendings, the one of squeeze and crush, the other of squeeze and swish; but it seems more likely that they are indefinite or eclectic composites, which derive their suggestive power from the associations or symbolism of their prominent ele- ments. Squish is defined in Wright’s English Dialect Dictionary as used in the sense of squeeze, squirt, squash, gush, mash, and these words, vaguely recollected, may well have entered into its composition. Similarly, take the case of the initial sn- of sniff, snout, snuff, sneeze, snore, etc., words associated with the nose, or the sense of smell. The fairly recent snuzzle, now admitted into the dictionaries, may be a combination of this sa- with the end- ing of nuzele, mussle, guzzle; although snuggle might be solved as a direct blend of snuff and nuzzle; or merely as the latter word with adscititious initial s. The factitious slosh, also admitted to the dictionaries, gains probably from the associations or symbolism of the group slush, gush, wash, splash, etc. The occasionally ap- pearing squdged,* or squudged, implies squeeze, crush, crowd, scrouge, and the like. In general it is obvious that in words so formed there would arise a feeling of natural and inherent fitness for the idea expressed. Vague conflation of this sort is an easy and tempting method of word creation,® and it accounts readily enough for many forms for 3“Tf I went fust down th’ ladder I could click hold on him and chock him over my head, so as he should go squshin’ down the shaft, breakin’ his bones at every timberin’” . .. Kipling, “On Greenhow Hill,” in Soldiers Three and Military Tales. *“ They’ve put us into boots,” said Una, “ Look at my feet—they’re all pale white, and my toes are squdged together awfully.” Kipling, “Cold Iron,” in Rewards and Fairies. 5A decade or more ago (see Leon Mead, How Words Grow, XII, 1902), the London Academy offered prizes for four new words. Among 410 4 , Indefinite Composites and Word-Coinage 5 which the zealous have vainly sought foreign originals or cognates. There might be doubt as regards which words so arose; a fixed list of “indefinite composites” might not be possible; but there can hardly be doubt of the existence of the method itself. Distinctive of this variety of blends, if they may be called such, is the fact that they so often suggest or involve onomatopoeia, as the words cited have shown; also the fact that they are not felt as specific composites, as are recognized fusion forms; e. g., promp- tual, fidgitated, insinuendo, sneakret, the universanimous of Low- ell’s Biglow Papers, or Wallace Irwin’s kissletoe-vine and night- inglory bird.© There is always the sense of intrinsic fitness for the idea expressed, but not a sense of definite elements in amal- gam. However, the line between blends proper and conjectural or indefinite blends is sometimes hard to draw. The now well-estab- lished though lately formed squawk may be a welding of squeak and squall, but squeal, shrick, hawk, etc., may have haunted the mind also in its creation. Scurry, of doubtful etymology, may be a “portmanteau form” from scour, older skirr, and hurry; but, were it a recent instead of an older word, one would be tempted to think that scud, scoot, etc., might have played some part in its formation. Into splurge, for which no etymology has been pro- posed, might enter the elements of splash, with its variants splat- ter, splutter, and large. Flaunt has been thought to blend the ele- ments of fly, flout, vaunt,’ etc. The myowl, used by Kipling and others, may combine meow and yowl, but it involves also the sug- those suggested were snumble, to signify a child’s effort to express the sensation felt in the nostrils when one drinks an effervescing mineral water, screel, the sensation produced by hearing a knife-edge squeal on a slate, scrungle, the noise made by a slate pencil squeaked on a slate, twink, a testy person full of kinks and cranks, and several similar formations . obviously having their origin in a sort of reminiscent amalgamation. “Echoic composites” might be a better name than “indefinite com- posites” for the type of blends treated in this paper, were it not for the fact that “echoic” is usually employed by philologists not in its primary meaning—that which it would have here—but in the meaning of onamato- poetic, given it by Dr. Murray, Mr. Bradley and others. 6“Tetters of a Japanese Schoolboy,” in Colliers Weekly, vi, viii, xix, Vols. 41, 42. 7 New English Dictionary. au 6 Louise Pound gestive power of howl, wail, yell, etc. Perhaps, if it is expedient to attempt to draw a definite line at all, blend-words proper may be defined as, or restricted to, those having two, or at most three, elements in combination; as the mongrel quituate from graduate and quit, interturb from interrupt and disturb, or compushity from compulsion, push, and necessity, or compushency from compul- sion, push, and urgency, or boldrumptious from presumptuous, bold, and rumpus. Those that recall, or seem vaguely to have the potency of four words or more, might then be classed as indefinite blends. In factitious words of the first type, the elements are often deliberately and consciously chosen. In words of the second type this is by no means to be implied. But much empha- sis should not be placed on the number of elements entering into blends. Of more importance surely is the distinction that coin- ages of the type treated in this paper are created under the influ- ence of indefinite rather than definite suggestion. Many words which are properly to be classed as indefinite composites might depend on no more than two or three words vaguely present in the user’s mind. To some, the words under discussion are “imitative words,’ or “imitative variants” of existent established words. In the sense that the onomatopoetic factor enters into many, as already noted, the name is often valid; but it is less good if “imitative” is meant to imply that they are made in direct imitation of other words. The impelling motive in their creation is less conscious imitation than vague recollection, with resultant fusion, of certain elements in other words; elements which have come—largely through association or reminiscence—to have a certain symbolic power. To attempt a fixed or exhaustive list of indefinite blends would no doubt, as already noted, prove neither very successful, nor perhaps very profitable. The shott list which follows—a list ‘ 8 See slump, originally meaning to fall or sink in a bog or swamp. The New English Dictionary calls this word “ probably imitative” in origin; but compare the group slip, swamp, plump, thump, bump, etc., from which it might well have been built. The Century Dictionary enters words of “es the character of croodle, flump, etc., as perhaps “imitative words.” 412 Ts Indefinite Composites and Word-Coinage 7) which might have been indefinitely extended—is meant to be sug- gestive only; it supplements the illustrative words already cited. Unless entry otherwise is made, the forms listed are from Wright’s English Dialect Dictionary, and no etymology, or theory of origin, was given for them there. The list is purposely confined mainly to contemporary dialect words. After all, it is these words which one approaches with fewest predilections, and concerning which, since they are contemporary, our Sprachgefiihl ought to be most reliable. As has been often pointed out, the processes of living dialect speech are often much more important for the investiga- tion of the problems of linguistics, than is investigation of the literary language. bash, strike, beat, smash. “Aa bashed me head,” “ Ye’ve bashed yer hat.” Barrere and Leland, Dictionary of Slang, following the New English Dictionary, suggest Scandinavian origin, and compare Swedish basa, strike; but note the group beat, bang, mash, smash, crush, etc. blash, a sudden blaze or flame. “Light sticks only make a blash,” “ His een blashed fire.”’ “A fire into which paraffin had been thrown was said to blash up.” Note blaze, flare, flash, etc. bumble, bungle, blunder, halt, stumble. “He bummled on an’ spoiled his work.” Note bungle, fumble, jumble, stumble, etc. cangle, quarrel, wrangle, haggle, cavil. “ We may not stay now to cangle.” Called “perhaps onomatopoetic,” in the New English Dictionary. Noted in the Century Dictionary as apparently a voiced frequentative of a verb cank, from camp, with possible Icelandic cognates. But cf. the group cavil, quarrel, wrangle, jangle, haggle, etc. chelp, chirp, squeak, yelp, chatter. ‘“ Children nowadays will chelp at you and sauce you,” “ The magpie chelps at ye.” Cf. chirp, cheep, chatter, yelp. , chirl, chirp, warble. “The laverock chirlt his cantie sang.” Cf. chirp, cheep, trill, shrill, etc. ; chittle, twitter, warble. ‘“ The birds are chittlin’ bonnily.” Cf. cheep, chirp, twitter, warble. criggle, wiggle, creep, crawl, wriggle. “I can feel ’un (the devil) just as if he was a-crigglin’ and a-crawlin’ in my head.” Cf. creep, crawl, wiggle, wriggle. croodle, huddle, crouch, curl, cringe, cuddle, fondle. “The lads croodled down,” “Come to mother and ’er’ll croodle yo.” Cf. crouch, cuddle, huddle, fondle, etc. 413 8 Louise Pound crunkle, rumple, crease. “A yellow crunkled scrap.” Cf. crinkle, crumple, crease, wrinkle, rumple, etc. flawp, go about vulgarly and ostentatiously dressed; also a name given an awkward slovenly person. “Flaupen aboot frae mornin’ ta neet,” “A girt idle flawp.” Cf. flaunt, flout, flip, flop, flirt, awkward, etc. flaze, flare up, blaze. “This floor can’t flaze, for it’s made o’ poplar.” Cf. flare, fllame, flash, blaze, etc. flerk, jerk about, flourish, flip or flop. “Don’t keep flerking that in my face.” Cf. flourish, flip, flop, jerk. flump, fall heavily, or headlong; a fall accompanied by a noise. “He went down such a flump,” “A hawk flumps or flops as a bird,” “He fell down full flump.” Cf. fall plump, thump, bump, etc. friddle, trifle, potter, waste time. “He was friddlin’ on at his work.” Cf. fritter, trifle, fiddle, frivol, etc. glumpish, glum, gloomy, sullen. “Mary is glumpish to-day.” Noted in the Century Dictionary. Cf. glum, gloomy, lumpish, dumps, etc. scrawk, scratch, scrawl, mark; also squeak, shriek, scream. “ Just scrawk yer pen through this,’ “ Wha’dgee scrawk fur?” Cf. scratch, mark, scrawl; scream, squall, squawk, shriek, etc. screek, shriek, scream, creak, make a grating noise. “She skreek’d oot like a cat yawlin’,” “It skreeks so it gets my teeth on edge.” Cf. shriek, scream, squeak, creak, etc. screel, cry, shriek, squeal, scream. .“‘ What wi’ screalin’ wimmin.” Perhaps built from scream, shriek, shrill, squeal, etc. snaggle, giggle, snicker. “‘It must be a very fine game to have such a large score,’ I snaggle.” Letters of a Japanese Schoolboy, xxxvii, by Wallace Irwin. Cf. snicker, giggle, gag, haggle, etc. snuddle, nestle, cuddle. “Snuddled together like birds in a nest.” Built from snuggle, cuddle, huddle, etc. troddle, toddle, go. “The young things trodlin’.” Note trudge, trip, trot, toddle. That words of this type are the special product of modern times or contemporary conditions is by no means to be assumed. They are likely to be as old in language history as are fusion forms or hybrids, or composites in general. The words in the list cited are aggressively dialectal, it is admitted. Like all indefinite blends they tend to be telling, forceful words, not neutral; also they are predominantly rather ugly or unbeautiful formations. In words of special folk or dialect coinage there seems in general to be little striving for the attractive or agreeable. There is marked 414 Indefinite Composites and Word-Coinage 9 tendency toward the jocular; but still more characteristic is the focussing of interest in the expressive. It is probable enough that the words in the short illustrative list cited are not especially well selected from the many that suggest themselves. No doubt some among them may be in origin direct amalgams, or contaminations; others may not really be amalgams at all; they may have had for example a purely onomatopoetic origin, or they may be loan words; or they may be mere accidental or capricious perversions of forms already in existence. But some are surely obscure blendings, or reminiscent amalgams, of the type under discussion. 415 Volumes I-XIII of UNIVERSITY STUDIES are each complete in four numbers. Index and title page are furnished for each volume. 4 Single numbers (excepting Vol. II, No. 3) may be had for 75 cents each. A few copies of Volumes I-XIII, complete in numbers, are still to be had. All communications regarding purchase or exchange should be addressed to THE UNIVERSITY OF NEBRASKA LIBRARY LINCOLN, NeEs., U.S. A, 7 ¢ "long. A \ PRESS OF ¥ee New ERA PRINTING COMPANY LANCASTER. PA ee . ey . an a = ~~ “2 ot we. } _ ' , . - be > , 3 9088 00876 4094