to James Burbage, John Perkyn, John Laneham, William Johnson, Robert

Wylson and others, servants to our trustie and well-beloved Cousin and

Councillor, the Earl of Leicester, to use, exercise and occupie the

art and facultie of playing Comedies, Tragedies, Interludes, Stage

Plaies, and such other, like as they have already used and studied or

hereafter shall use and study, as well as for the recreacion of our

loving subjects as for our solace and pleasure when we shall think

good to see them ... together with their musick ... as well within

our City of London and the Liberties of the same, as also within the

liberties and freedoms of any other cytyes, towns, boroughes, &c.,

whatsoever, throughout our realm of England; willing and commanding

you and every of you, as ye tender our pleasure, to permit and suffer

them therein without any your letts, hindrance or molestation,

any act, statute, proclamation or commandment heretofore made, or

hereafter to be made to the contrary notwithstanding. Provided that

the same ... be allowed by our Master of the Revells, and that they be

not published or shewen in the time of Common Prayer, or in the time

of great and common plague in our said City of London.

Nothing could have been more explicit, or more exasperating to the

Corporation of London, than this permission to contravene their

mandates.[52] The Corporation’s counterblast was the famous Order

of 6th December 1574. They threatened fine and imprisonment to any

who “played without a licence from the City each time,” and without

giving half the proceeds to the poor. They did not “tender the Queen’s

pleasure” in respect to the players.[53]

At the close of 1574, on St. Stephen’s Day, the Earl of Leicester’s

servants played before the Queen at Court, and opened the year by

playing on New Year’s Day, 1574-5.

Other noblemen hastened to request Royal Patents for their servants.

The battle between the Privy Council and the Common Council raged all

the more hotly since the players had been “patented,” and the climax

came when the Lord Mayor expelled all players from the City, under an

undated “Order for the relief of the Poor” printed by Singleton.

Leicester’s servants played before the Queen on Innocent’s Day 1575,

and again on the Sunday before Shrovetide. For the first time they

were fully described in the warrants for payment granted by the Privy

Council[54] and in the declared accounts of the Pipe Office[55] as

“Burbage and his company, servants to the Earl of Leicester.” But

even Leicester’s servants, with a Privy Seal Patent from the Queen,

could not very well live all the year round on Christmas gifts. They

must either go on tour, act in the City or near it, starve, or turn

to another trade. Burbage did return awhile to his original trade.

He had had a prevision of what was coming, had kept his eyes open,

and had laid his plans, and found a “place where to stand.” A few

months after the expulsion order, on 13th April 1576, he had signed

and sealed an indenture of lease for a parcel of land of the disused

monastery of Holywell, stretching from the barn and outhouses of

the property of the Earl of Rutland to the brick wall that bounded

Finsbury Fields. It belonged to Giles Alleyn, Arm., and his wife Sara,

and contained a barn, some old tenements, gardens, fields, and some

“voyd ground.” His plans necessitated engineering and financial skill,

credit, and money. James Burbage had the first, but he was not rich.

He had married, however, some time previous to this, Ellen Braynes,

who had “expectations.” Halliwell-Phillips and all his followers

say she was the _daughter_ of John Braynes. But he is in error; the

language of some of the cases he knew might have taught him better.

But a case which he evidently did not know states clearly that John

Braynes was the only brother of Ellen Burbage. He was evidently, at

the time, a childless husband, as in his lawsuits there is constant

reference to the understanding that his sister’s children would

inherit all he had, seeing he had none of his own. There was an inn

upon Burbage’s leasehold, but players had been forbidden to play in

inn-yards. He could not risk playing on his “voyd ground,” as his

audience might melt away before they paid the costs, so he resolved to

build a _playing-house_ in his fields. John Braynes, fired with the

idea of making a speedy fortune, agreed to become a sharer in costs

and profits, and each signed a bond to the other. Giles Alleyn signed

the lease, knowing quite well it was to be for the players, but he did

not mind much, as he himself was going henceforth to live in Essex.

He also knew that Burbage was the “servant” of the Earl of Leicester,

and it was not safe to disoblige that great noble, even through his

servants. Alleyn was used to land-transfers and litigation, and he

thought he made a safe bargain. He did not want to give a longer lease

than twenty-one years until he saw how playing-houses were likely to

do, but he permitted a clause that if, before the end of the first

ten years, James Burbage had spent £200 in repairing or rebuilding

the old tenements on the property, he could have another lease from

that date of twenty-one years (making in all thirty-one years), and

he could, at the end, carry away the materials of any building he

had erected for himself.[56] Burbage was to pay the legal expenses

of drawing up and the engrossing of this second lease. Of course,

there was some preliminary “consideration,” but the rent seemed very

moderate even for the time, for the extent of land leased at £14 by

the year including the tenements inhabited by sub-tenants. Burbage,

with Braynes’ help, set to work at once. It is probable he was his

own architect, contractor, and master-builder, that he even used his

own hands in the work, and pressed those of his “unemployed” company

to hasten forward the edifice which promised so soon to help them in

return. Wood does not necessitate so many difficulties or delays as

stone and brick. It can be fetched from the country prepared, and even

partially put together, as can be learned from one of Peter Street’s

lawsuits.[57] As the building rose, it became its own advertisement.

Finsbury Field was the City-ground for drill and archery, the people’s

play-ground. From its boundary crowds watched the rising fabric, eager

and impatient as the owners, and more curious. We may be quite sure

that Burbage’s building was the main topic of London gossip during

1576. When, protected by walls, doors, and doorkeepers from impecunious

prying eyes, it did open on some unrecorded day that year, of course

there were disturbances. Everybody wanted to enter the charmed circle

at once, to see the plays from which they had been so long debarred,

and to understand Burbage’s little game. The humour of the situation

tickled the fancy of the people; the taste of the forbidden tree was

sweet to their palate; cutpurses saw their chance among the genuine

play-lovers, and there was crowding, crushing, struggling for entry,

quarrelling for places, shouting, and all signs of a brawl. Free fights

ensued, and “The Theatre,” from the very first, through no fault of its

owner, became associated with breaches of the peace, which its enemies

made the most of. In the following year it came into history by name.

On 1st August 1577 the Privy Council, moved by the City, for fear of

the plague, wrote to the Middlesex authorities to take order with “such

as use to play without the Liberties ... as at the Theatre and such

like,” to forbear playing till after Michaelmas.[58] A sermon preached

at Paul’s Cross in the time of the plague, 3rd November 1577, by T.

W. (printed 1578) refers to “the sumptuous Theatre houses, a constant

monument of London’s prodigalitie and folly.”[59] John Northbrook’s

“Book against dicing, vaine playes, or enterludes,” entered in

Stationers’ Hall, 2nd December 1577, refers to “the Theatre and the

Curtain.” The Earl of Leicester’s players however played at Court

that Christmas, but again on 17th April 1578 the Privy Council wrote

the Middlesex authorities to restrain players till after Michaelmas.

John Stockwood, Schoolmaster of Tunbridge, preached a sermon at Paul’s

Cross on 24th August of that year, in which the Theatre and Curtain

are both referred to by name, and again he refers to “the gorgeous

Playing place erected in the fields, as they please to have it called,

a Theatre.”[60] On 24th December 1578 the Earl of Leicester’s servants

had a licence to play in the City, because they were going to play

before the Queen at Christmas. They played on St. Stephen’s Day, but on

Shrove Tuesday they were paid in full for coming, though the play, by

her Majesty’s command, was supplied by others.[61] This was probably

the sign of a tiff with Leicester.

Burbage’s promptness, sumptuousness, and success could not be attained

without lavish outlay of money, more than he had himself or that his

brother-in-law could command. Apparently he found it through John

Hyde, grocer, though no record of the transaction has been preserved

otherwise than the fact that Hyde held the house in pawn from 17th

September 1579 till 7th June 1589, during which time Burbage remained

legal and ostensible owner. At the latter date it was restored, but to

Cuthbert, not to James Burbage. Against the dangers of debt and public

interference he still bravely fought, but even in “The Liberty of

Holywell” troubles assailed him. Mr. Cordy Jeaffreson, in editing the

Middlesex County Records for James I, found among them a few entries of

Elizabeth’s reign, and among these is the record of the presentation at

Clerkenwell Sessions of John Braynes of Shoreditch yeoman, and James

Burbage of the same, yeoman, 21st February 22 Eliz.,[62] on the charge

of

“bringing together unlawful assemblies to hear and to see certain

colloquies or interludes called playes or interludes exercised and

practised by the same John Braynes and James Burbage, and divers other

persons unknown at a certain place called The Theatre at Holywell in

the county of Middlesex, by reason of which great affrays, assaults,

tumults and quasi-insurrections and divers other misdeeds and

enormities ... perpetrated to the danger of the lives of divers good

subjects ... against the form of the Statute,” etc.

This shows that Braynes, though not mentioned in the original patent,

had become one of Burbage’s players. But it hardly supports Mr.

Jeaffreson’s contention that he must have been the _chief_ player and

proprietor of The Theatre. Braynes might very well have been placed

first as being the elder, and apparently the richer, of the two, and

they might have agreed to put Braynes forward as the chief, so as to

bear the brunt of the examination, while Burbage was looking after his

plays, his house, his rehearsals, and his audience. Braynes was a

business man, quite able to face an attorney and a magistrate, but he

was second fiddle at The Theatre.

It is curious to remember that the great earthquake took place about

six weeks later, 6th April 1580. Enemies read in it a token of God’s

wrath against The Theatre. Ballads were written to bid men haste away

from the play because of the earthquake.[63] But we have no record of

any damage at The Theatre, or to Burbage’s house in Holywell Street,

though many chimneys fell in more respectable places.[64]

The Lord Mayor wrote to the Lords of the Council,[65] “Where it

happened on Sunday last that some great disorder was committed at

the Theatre, I sent for the Undersherive ... and for the players to

have appeared before me, the rather because these playes doe make

assemblies of citizens and of their families of whom I have charge,”

but hearing the Council was considering the matter he “surceased to

proceed,” but thought it his duty to remind them “that the players of

playes which are used at the Theatre, and other such places ... are a

very superfluous sort of men, and of suche facultie as the lawes have

disalowed.” An order of the Privy Council was issued to forbid all

plays in and about the City till Michaelmas next, 13th May 1580. Five

months’ forced “unemployment,” with his rent, his interest running on,

his creditors clamouring, his housekeeper asking for food, and his

company doubtless worrying him for money. His was the fate of Tantalus,

for the golden stream was ever at his lips. The constant interference

with the players only increased the eagerness of the populace to see

them. Battles with courtiers, preachers, citizens, authors, raged

round Burbage’s head. But he played at Court that Christmas as usual.

In 1583 the Queen, to keep up with her nobles, resolved to patent a

Royal Company of her own, and exercising her prerogative of “taking

up,” not only singing boys, but any[66] “men” she needed for her

service, she took the pick of the players from all the companies, among

them Robert Wilson and Richard Tarleton. This did not really hurt them

much, as they remained on friendly terms, and often played with their

old companies. The Queen’s players had their first performances at

Court, with but few others, during the Christmas of 1583-4.

In 1584 Fleetwood wrote to Lord Burleigh that the Lord Mayor desired

to suppress all playhouses, and had sent for the players themselves

to come to him, among them the Queen’s players and Lord Arundel’s

players. “They all well nighe obeyed the Lordes letters: the chiefest

of her Higheness’s players advised me to send for the owner of The

Theatre, who was a stubborne fellow, and to bind him: I did so. He

sent me word that he was my Lord of Hunsdon’s man, and that he would

not comme at me, but he would in the morning ride to his Lord. I sent

the Under-Sheriff for him but he would not be bound.”[67] This has

been supposed not to refer to Burbage, because he said he was Lord

Hunsdon’s man. But there was no one else who could be called _owner_

of The Theatre, no one so resourceful and so daring. He was any Lord’s

man, so that it was not the Lord Mayor’s, and, seeing what the Earl

of Leicester was about, he was off to Court, to ask his Lord what his

Royal Patent meant when a mere Lord Mayor could flout it so. After that

his Company became Lord Hunsdon’s (then the Lord Chamberlain) till the

Queen’s death. That danger passed.

Before April 1586 Burbage had the proposed new lease of his property

drawn up to add ten years after the expiration of the first lease, but

Giles Allen refused to sign it. He denied that the £200, as agreed, had

really been spent on the repair of the old tenements; he said there

were alterations from the old lease, though Burbage explained that

the difference only lay in not including a clause and condition for

further extension of lease. Alleyn showed a shifty desire to juggle

with the 1576 agreement, and, having an exaggerated idea of the net

profits realized by Burbage, he wanted to raise the rent from £14 to

£24; and while granting the ten years’ extra lease of the soil, he

wanted to restrict the further use of The Theatre as a playing place

to a term of _five_ more years, after which it might be used for _some

other purpose_ by Burbage. It was clear that Burbage was not going to

sign a lease at the raised rent without having the use of his theatre

during the full term, so the two second leases lay in abeyance, and

landlord and tenant spent the remaining eleven years of the first lease

suspicious of each other, and watching every turn of events.

In 1586 a new set of troubles arose through the death of John Braynes,

who, apparently by the influence of his wife Margaret and the pressure

of circumstances, had not remained quite as brotherly as he had

formerly been. Through fear of being called on to pay theatre debts,

he had made a deed of gift of his goods and chattels to Robert Myles,

goldsmith, to one Tomson, and also to John Gardiner. Margaret Braynes,

widow, had herself a suit against Robert Myles, and in Easter 1587,[68]

“a week is granted him to make answer, or an attachment will be

granted.” By this time John Gardiner had died, and his administrator,

Robert Gardiner, claimed to be executor of Braynes in his place. The

widow, Myles, and Gardiner united to worry Burbage. They refused to

consider the notion that Braynes meant his investment in building The

Theatre to come eventually to his nephews, or that through his breach

of agreement he had forfeited his bond, and they made themselves very

harassing.

Halliwell-Phillipps, and all the writers who follow him, say the

first action was taken in the Chancery suit of Braynes _v._ Burbage,

1590. But it began long before that. He had never seen the earlier

suit of Burbage _v._ Braynes,[69] nor followed its various stages

through Chancery. I am not able to give the exact date of this first

action, as the document is very much injured, but I _believe_ it is

1588. The plaintiffs are James Burbage, Ellen his wife, and Cuthbert,

Richard, Alice, and Ellen their children _v._ Margaret Braynes. This

explains how James had taken the land from Giles Alleyn, and how his

brother-in-law had agreed to go shares with him in The Theatre and the

George Inn. There had been an arbitration between them which had been

in favour of Burbage, on 12th July 1578, and Braynes had forfeited a

bond of £200 through not obeying the arbitration. Braynes had conveyed

his goods and chattels to Myles, to Tomson, and to John Gardiner, and

had ceased to pay his share of expenses. But shortly before his death

he confessed that his moietie should all remain to Burbage’s children.

The defendants claimed the same, only under an old will made before

the conveyances and against the arbitration. Robert Myles “enters

The Theatre and troubles your orator, and his tenants,” and Robert

Gardiner, the administrator of John Gardiner, who died in 1587, “goes

about to sue James Burbage in two several bonds,” and “by reason of

the multiplicity of their conveyances they joyn together to imprison

your said orator, to enforce him to yield to their request.” They will

not pay the £200 bond forfeited by Braynes; their action is costly,

and leads to his impoverishment. He prays relief, and a subpœna to the

defendants to appear personally and answer material facts, and he is

willing to submit to justice. Their answer is, of course, that his is

an untrue and insufficient bill. I suppose this is the case referred

to in the Decree[70] that the defendants have put in an insufficient

demurrer. It was referred to Mr. Dr. Carew, and if he thought it

insufficient, a subpœna to be awarded against the defendants. Margaret

Braynes, Myles, and Gardiner had meanwhile brought a cross-suit against

the Burbages; and in that, on 21st May 1590,[71] the court was informed

that the defendants put in an insufficient demurrer, and it also is

referred to Mr. Dr. Carew for the same purpose. This came up again

in the Trinity term,[72] and on 4th November Mrs. Braynes appeals

again, through Mr. Scott,[73] for the moietie of The Theatre and other

tenements; the defendants have put in an ill demurrer, and take the

whole gains and benefits of the premises, albeit she and her husband

had been at very great charges in the building of The Theatre, to

the sum of £500, and did for a time enjoy the moietie. It is ordered

that if the defendants do not show good cause, sequestration of the

moietie shall be granted. On 13th November[74] Mr. Serjeant Harrys, for

Burbage, prayed consideration of a former order made in his behalf in

the suit of Burbage _v._ Braynes. There had been an arbitrament made

on 12th July 1578, in favour of Burbage, and neither of the parties

showed why the arbitration should not be performed. Sequestration was

stayed. This promised peace; but on 20th January 1590-1[75] Robert

Myles made oath that the Burbages had broken an order made in court

on 13th November; therefore an attachment was awarded for contempt.

On 30th January[76] Cuthbert Burbage made his personal appearance to

save his bond to the Sheriff of London, but nothing was done. On 23rd

March[77] it was stated in court that the Burbages had been examined

upon interrogatories, and these committed to the consideration of Mr.

Dr. Cæsar. On 24th April 1591,[78] Burbage continued his case against

Mrs. Braynes, she having put in an insufficient demurrer; consideration

was referred to Mr. Dr. Carew. On 15th June,[79] as nothing material

had been advanced on her side, Burbage asked for a subpœna against her

and Myles. On 20th July[80] Margaret Braynes appeared in her own case

against Cuthbert and James Burbage; they also appeared, but the Master

in Charge could not attend. On 12th October 1591[81] it was decided

that no advantage should be given until it was found whether Burbage

had committed contempt of court; and on 13th November[82] it was heard

again. It had been referred to Mr. Dr. Stanhop and Mr. Dr. Legg, who

had heard counsel on both sides, but they could not well proceed to

examine the parties before they examined John Hyde of London, grocer,

Ralph Myles of London, “sopemaker,” Nicholas Bushop and John Allen upon

the contempt pretended. The need of considering these witnesses arose

in this way. Burbage, at some date, following his brother-in-law’s

lead, had transferred all his property to his sons. Hyde, holding The

Theatre for ten years, had released it to Cuthbert. To Robert Myles had

been let the George Inn, part of the Holywell property; Myles had let

the stables to his son, Ralph Myles, and Nicholas Bushop[83] for a soap

manufactory.[84]

One is interested to know the inns at which Shakespeare might have

“taken his ease.” Here is one, on the very Theatre ground. Was it in

his thought when he wrote, in “King John,”

St. George, who swinged the Dragon, and ere since

Sits on his horseback at mine hostess’ door.

For by this time Burbage had got firm hold of Shakespeare. He was

learning all round, _even law_ through the troubles of Burbage,

helping all round, becoming a “Johannes Factotum ... a Shakescene

able to bumbast out a blank verse as well as the best of you!” Was

there a little bit of lively badinage of James Burbage when, in the

play suggesting the Earl of Leicester and his Kenilworth festivities,

“Midsummer Night’s Dream,” he cast, in the artisan’s play “Snug the

_Joiner_,” for the Lion’s part?

Shakespeare's environment · 第 14 / 28 段