The plague caused a lull in the Chancery proceedings, but they started

again. Latterly Margaret Braynes died, but Robert Myles continued

_versus_ Burbage and Burbage _versus_ Myles. The next best thing for

him to a speedy settlement in his favour was delay. Time told for

him. On 4th February 1595-6 James Burbage, “gent.,” purchased from

Sir William More for £600 some rooms in the dissolved Monastery of

Blackfriars,[85] also out of the jurisdiction of the City authorities.

Throughout that year he urged on the alterations of the rooms into a

winter theatre, that his brilliant son Richard might not be hindered in

his performances by further troubles at The Theatre. By 16th November

the inhabitants of the Blackfriars had sent up a petition against the

starting of a playhouse there; a copy, undated, is preserved among

the State papers.[86] But the date can be found in a later petition

and order at the Guildhall, which implies that the first had been

successful, at least for a time.[87] James Burbage, therefore, though

the inventor and designer of the modern theatre in stone and brick as

well as in wood, in the famous theatre afterwards called the private

stage of Blackfriars, did not see his son Richard triumph there.

Baffled in that, he “laboured with Giles Alleyn to sign the extended

lease of Holywell drawn up in 1586, and got his friends also to move

him.” Probably among these were the Earls of Southampton and Rutland,

whose property bordered his ground.[88] Giles Alleyn was, however,

unresponsive. Amid the anxious discussions with his sons concerning

their critical future, I feel sure that James planned the manœuvre,

which afterwards proved really successful. He thought that if he could

but carry that out as he wished, he would be able to fight all his

enemies at once, and give his beloved Theatre a new lease of life. But

he was not so young as he had been, the strain of his strenuous work

had told upon him, and sorrow for losses by death. Just a year after he

had bought his Blackfriars property and just before the lease of his

Theatre had run, the lease of his life ended; he died suddenly, and was

buried in St. Leonard’s, Shoreditch, 2nd February, 1596-7.

O! Brave James Burbage!

_“Fortnightly Review,” July 1909._

FOOTNOTES:

[51] 14 Eliz., c. 5.

[52] Lansdowne MS., XX, 10, 11, 12, 13.

[53] _Ibid._, IX, 18.

[54] Privy Council Register, 14th March 1575.

[55] Pipe Office. Dec. Acc. Treas. Chamb., No. 541.

[56] Court of Requests, Burbage _v._ Alleyn, 26th January 42 Eliz.

87/74.

[57] Court of Requests, 20th January 39 Eliz. 91/57.

[58] Privy Council Register of Date.

[59] See Harrison’s “England” (ed. Furnivall), vol. iv, p. 343.

[60] _Ibid._, p. 329.

[61] Pipe Office. Dec. Acc. Treas. Chamb., No. 541, f. 210.

[62] Middlesex County Records, vol. ii, xlvii.

[63]

“Come from the Plaie,

The House will fall so people saye

The Earth quakes lett us haste awaye.”

[64] Stow’s “Chronicles,” p. 686.

[65] 12th April 1580. See “Athenæum,” 12th February 1887.

[66] Rymer’s “Fœdera,” xl, 375.

[67] Lansdowne MS., 41, art. 13.

[68] As the Books begin in Michaelmas, they always seem a year too

soon. Ch. Proc. D. and O., 1586-7, Braynes _v._ Myles, A. Book, 6th May

1587, 384.

[69] Chancery Proceedings, Series II, 222/85.

[70] Ch. Proc. D. and O. (A. Book, 454, 1588, 22nd February 1588-9.)

[71] _Ibid._, 1589, A. Book, 21st May 1590, 610.

[72] A. Book, 1590, 15.

[73] A. Book, 4th November 1590, 109.

[74] A. Book, 13th November 1590, 145.

[75] A. Book, 23rd January 1590-1, 270.

[76] A. Book, 30th January 1590-1, 317.

[77] A. Book, 23rd March 1590-1, 456.

[78] A. Book, 24th April 1591, 493.

[79] A. Book, 15th June 1591, 720.

[80] A. Book, 20th July 1591, 818.

[81] Decrees and Orders, A. Book, 12th October 1591, 16.

[82] A. Book, 13th November 1591, 151.

[83] Myles _v._ Bushop, Chan. Proc., 2nd Series, 245, 85.

[84] In the Nebraska University Studies, 1913, Professor Wallace states

that _he told me_ of all these papers. He mistakes, or forgets. I had

been engaged in this work for fifteen years before he came to the

country, had them all, and was only checking them for type when one

was being repaired at this date. The Uncalendared MSS. of the Court of

Requests were not previously opened to students.

[85] See Manuscripts at Loseley, and the Appendix to 7th Rep. Roy. Com.

Hist. Man., 653b.

[86] Dom. Ser. St. Pap. Eliz., cclx, 116.

[87] Repertory, 34a, 38b, 21st January 1618.

[88] Exchequer Bills and Answers, Eliz. 369. Many interesting details

are of necessity crowded out, through lack of space.

XVIII

THE TRANSPORTATION OF BURBAGE’S “THEATRE”

The story of the dramatic transportation of “The Theatre” from the

north to the south bank of the Thames is well known to every student of

Shakespeare’s life. But Halliwell-Phillipps, who did so much to bring

forward new facts concerning it, rarely gives his references, and,

among the mass of material which must have passed through his hands, he

neglected sufficiently to compare and collate different papers. Hence

he did not complete the story of “The Theatre.”

James Burbage had died in February 1597, just before the conclusion

of the twenty-one years’ lease granted by Giles Alleyn, who had been

juggling with his promise to lengthen it by ten years, on the plea that

the conditions had not been fulfilled. Burbage’s sons were already in

possession (see my paper “Burbage’s Theatre,” “Fortnightly Review,”

July 1909). Richard Burbage entered into negotiations with Henry Evans

about a lease of the newly altered theatre at Blackfriars. The Privy

Council, on 28th July 1597, had issued an order that the Theatre and

the Curtain should be pulled down, or at least dismantled, so as to

make them unfit for stage-playing. It was a hard saying, for it meant

that all the money, energy, and ingenuity which had been put into the

realization of Burbage’s great idea would be dissipated _without any

compensation_, while imitations survived. Cuthbert Burbage, evidently

hoping that he would find friends at Court to help him to weather

the storm, as he had done before, renewed his entreaties to Alleyn to

extend the lease. Alleyn temporized, but allowed him to continue on

the old terms for the time. Probably he had no better offer on hand.

The Lord Chamberlain’s company went on tour in the summer, when all

companies were forbidden to act in the City until Allhallows-tide; but

they were engaged to play at Court at Christmas as usual. The year 1598

was critical for them; it is uncertain whether they played at their own

“Theatre” or not. Guilpin’s “Skialethia,” published that year, says:

But see yonder one

Who, like the unfrequented Theater,

Walkes in dark silence and vast solitude.

Shakespeare’s friend, the Earl of Southampton, had lost favour with the

Queen through his marriage with Elizabeth Vernon. On the other hand,

Shakespeare himself had been glorified by Francis Meres, Professor of

Rhetoric in Oxford; and Richard Burbage had been generally recognized

as the greatest genius on the stage. Hesitation ended when Cuthbert

Burbage heard privately that his ground landlord meant to pull down his

“Theatre,” ostensibly in obedience to the order of the Privy Council,

but really that he might confiscate its materials to repay himself for

the mortifications and losses that he fancied he had unjustly endured.

Cuthbert looked at Southwark _over ye sea_, where already Henslowe had

prospered in the Rose, and Langley in the Swan, and, secretly finding a

site to the east of these, removed.

We are accustomed to think of the building as the permanent and fixed

item and the players as the transitory and passing element in a whole

theatre. But on this occasion the company, like the snail, in its

exodus from Middlesex, carried its house on its back. Two contemporary

descriptions of the event give different dates. The Star Chamber

proceedings, 44 Eliz., A. xii, 35, state that it was on 28th December

1598; the Coram Rege Roll, Trinity Term 42 Eliz., 587, says it was on

the 20th of January following. Possibly the wardrobe and the stuff,

the portable properties, and the play-books went on the first date to

safe storage; and the solid framework on the later date. But I think

authority is all in favour of the earlier date. It was a stiff piece

of work to take down and carry away the materials in a short time; it

would necessitate a little army of housebreakers and transplanters,

probably aided by the players themselves. They had more work to do than

they bargained for, as they met sturdy opposition from Giles Alleyn’s

men, who saw their expected job and pickings thus torn away from them.

It is likely that the night would be selected by the phase of the moon

and the time of the tide, for it cannot be supposed that Cuthbert would

be rash enough to carry his materials in a train of lumbering wagons

across London Bridge, paying wheelage and passage dues, under the

danger of being stopped to explain at any point. He would be certain

to ship them over the water. He was fortunate in the man he employed,

Peter Street, an “ordinary servant of the Queen’s Household.” I find,

from an earlier lawsuit (Court of Requests, 91/57, January 1597),

that Peter Street had a wharf of his own handy near Bridewell Stairs,

whence he probably wafted the lot in a little flotilla of boats and

barges, at high tide, to the wharf on Bankside, nearest his new site.

The night of 28th December 1598, or rather the following dawn, saw a

pile of unsightly wreckage lying on the southern bank of the Thames,

beyond Giles Alleyn’s control or the Lord Mayor’s jurisdiction. Peter

Street did his best; Burbage did his best; the shareholders were eager,

and moneylenders ready; and in a very short time a new “Theatre”

rose, like the phœnix, from the ashes of the old. Shakespeare by that

time knew what was in a name, and as the decree had gone out against

“The Theatre,” they changed its name. Was it because they knew “all

the world’s a stage” that they called it then “the Globe”? There

Shakespeare was free to create, and Burbage to interpret his creations.

Londoners on the other side had known of its exodus, and had watched

its rising, and again it was its own advertisement. The hopes of the

Thames watermen were radiant as it grew.

The litigation which had handicapped the Burbages had ceased with the

death of the two principals, Margaret Braynes and James Burbage. But

Cuthbert, even before he left Holywell, had been sucked again into the

vortex of the law. In Trinity Term 38 Eliz., 1596, while his father

was yet alive, Cuthbert had sued in the King’s Bench, Roger Ames,

John Powell, and Richard Robinson, because they had on 1st May 1596

trespassed _vi et armis_ on the inner close of Cuthbert Burbage at

Holywell, had destroyed grass to the value of 40_s._, and had kept the

close from the 1st of May till the 27th of June in their own custody,

the damage in all amounting to £20. One can read between the lines

that in May 1596 James Burbage would be away superintending hurried

building alterations in his newly purchased property at Blackfriars,

and the company would be on tour to earn their livelihood. The case did

not come on for hearing until Tuesday in the Octaves of Hilary, which

fell on or about this very removal day, 20th January 1598-9 (Coram

Rege Rolls, Hilary 41 Eliz., r. 320). No one has hitherto understood

the full bearing of this case, through lack of the light shed on it

by a later case (Exchequer Bills and Answers, No. 369, and Exchequer

Depositions, 44-45 Eliz., No. 18). Thence we find that Cuthbert

Burbage was really in this case acting on behalf of Giles Alleyn,

and in co-operation with him, against the three defendants. These,

Giles Alleyn said, had been put forward by the Earl of Rutland, the

neighbouring land-owner, or rather by command of his steward, Thomas

Scriven. They had ejected Cuthbert from the inner court, and inclosed

it with a mud wall. Cuthbert had brought an action against Ames and the

others for loss of profits; Thomas Scriven, without the knowledge of

the Earl, who was a minor and a royal ward, and “was beyond the seas,”

caused information to be sent to “the Court of Wards and Liveries”[89]

against Cuthbert Burbage and _Richard_ Allen, “misnaming him of purpose

that he might not answer.” There had been an injunction issued to

stay Burbage’s suit against Ames till the facts should be considered

in the Court of Wards. This continued for two years, when, the Earl

having come of age and sued his livery, the power of that court ceased,

Burbage went on with his suit, and Ames, Powell, and Robinson were

forced to plead. They denied force and injury, and demanded to be tried

by a jury. The real cause at issue was as to the ownership of “the

Capital Mansion House of the late dissolved Priory of St. John Baptist

in Holywell.” The Earl of Rutland claimed that his father had had a

lease of it from the Queen, with many years yet to run, and that “the

void ground” was part of the estate. Cuthbert Burbage had wrongfully

entered it, and the Earl’s undertenants had justly withstood him.

Giles Alleyn answered that it was true “the void ground” did belong

to the capital mansion house, but the capital mansion house did not

belong to the Earl. His was only a secondary house, which the Earl’s

father had enlarged. The real Capital Mansion House had been granted

by Henry VIII to Henry Webbe for £136. He settled it on his daughter

Susan when she married Sir George Peckham. They sold it to Christopher

Bumpstead, mercer, for £533 6_s._ 8_d._ in 1556, and in that same year

he sold it to Christopher and Giles Alleyn for £600. Giles held it

as the survivor, and drew his rents peaceably till 1st May 1596, when

Thomas Scriven commanded Ames to enter, and Cuthbert Burbage sued them

under Giles Alleyn’s title. Thomas Scriven had had the case repeatedly

postponed, to the great trouble and cost to Alleyn.

Cuthbert Burbage had therefore, during this critical time, shared

with his landlord the trouble and worry of this suit against “the

trespassers,” though apparently Giles Alleyn was responsible for the

costs.

In this very Hilary Term, January 1598-9, Cuthbert’s infuriated and

unexpectedly-outwitted landlord took the preliminary steps for bringing

a suit against him, or rather against his agent, Peter Street, in

the Court of the King’s Bench, also for trespass on the same ground!

A strange cross-suit indeed! He made his complaint in Easter Term,

41 Eliz. (see Coram Rege Roll, Trinity Term 42 Eliz., No. 587). This

is one of four suits, of which Halliwell-Phillips speaks, and quotes

largely from three. But as he did not study their relative dates, and

the bearing of the one upon the other, and as he had not _read_ the

fourth, the later Star Chamber case, he has missed the legal bearing

of them all, and is ignorant of the decisions in any of them. It is

very easy, and it becomes very interesting to collate them. In the

1602 Star Chamber case Alleyn says he began his suit against Burbage

in the Hilary Term following 28th December 1598; but that would be

about 20th January 1598-9, the second date given for the transportation

of “The Theatre,” and the time of the hearing of the case brought by

Burbage _and_ Alleyn versus Ames and others. I think he was in error,

because it is stated in Coram Rege Roll, 42 Eliz., 587, that Giles

Alleyn had commenced his suit against Peter Street in Easter Term,

1599, but it had been postponed. This was because Cuthbert Burbage

appealed to the Court of Requests, 42 Eliz., 87/74 to stay this

suit. Burbage in his complaint, dated 26th January 1599-1600, states

simply that Giles Alleyn and his wife, Sara, owners of certain garden

grounds and tenements near Holywell, in the parish of St. Leonard’s,

Shoreditch, on 13th April 1576, granted them to his father James for

good consideration, for a term of twenty-one years at £14 a year. The

condition was that if he had spent £200 on the repair of the tenements

(not the theatre) before the end of the first ten years, he could then

sue for a new lease at the same rent for a new term of twenty-one

years, making thirty-one years in all. He could, at the end of either

term, carry away any building he had put up for himself. James Burbage

was to pay the expenses of drawing up the second lease. All these

conditions James Burbage had faithfully performed. But Giles Alleyn

would not sign that lease when drawn up, substituting another, in

which the Burbages were to pay £10 more annual rent, and not use “The

Theatre,” _as a theatre_, for more than five years of the second term.

James Burbage would not sign such a lease, nor would Cuthbert; but the

latter had stayed on at the old rent, buoyed up by the hopes of having

_his_ new lease signed. It was only when he heard that Alleyn was about

to take away the Theatre that he did so himself, which he had a perfect

right to do. Alleyn was prosecuting his suit against Peter Street with

“rigour and extremity”; the heavy damages he claimed would injure him

much. Cuthbert prayed, therefore, that the suit in the King’s Bench

might be stayed, and Alleyn summoned to answer personally in this Court.

Giles Alleyn presented his voluminous “answer” on 6th February

1599-1600. He said, of course, that the complaint was untrue, and

“exhibited of malice.” He went through the original lease, with a few

glosses. He refused to sign the new lease because it was different

from the original one; also because James Burbage had not spent the

£200 in repairs, and there were arrears of rent. “He was a troublesome

tenant. When he had tried to distrain for rent, either the doors and

gates were kept shut, or there was nothing left to distraine.” He had

offered to give Cuthbert a new lease, with good security and increased

rent. He could well afford it, seeing he had made at least £2,000 by

the Theatre. He had heard it had been built at the charges of John

Braynes, whom James Burbage defrauded,[90] as Cuthbert now defrauded

Robert Myles, his executor. It was manifestly illegal for Burbage to

remove the Theatre.

Cuthbert’s “replication” is dated 27th April 1600. He said he could

prove everything in his complaint, and denied all Alleyn’s charges. If

his father delayed paying the rent, it was owing to the trouble and

expense he had had in keeping the property against Edward Peckham,

who disputed Alleyn’s right to it. He could bring the workmen’s bills

to show that his father had spent the £200 in repairs. He himself had

disbursed a large sum since. He had been quite willing to sign a fair

lease such as his father drew up. The sole difference from the first

lay in its containing no clause for the further extension of the lease.

A Royal Commission was issued on 5th June to examine witnesses on

interrogatories, the depositions to be returned by Michaelmas 1600. The

depositions on behalf of Giles Alleyn were taken at Kelvedon, Essex, on

14th August. They were not very convincing. The depositions on behalf

of Street and Burbage are not among the Calendared Proceedings of the

Court of Requests, or we might have had some interesting names as well

as facts. But they appear to have prevailed. No one seems to have found

the decisions in any of the cases. But I have found from the Star

Chamber case Alleyn’s statement, “_Thereby I lost my suit_.” This case,

therefore, is the only one of the four which came to a conclusion. The

5th of June 1600, on which Alleyn’s witnesses were being examined, is

in Trinity Term, and it was in this Trinity Term that Giles Alleyn sued

Peter Street in the postponed action in the King’s Bench, regardless

of the injunction from the Court of Requests, or the order that the

answers were to be returned at Michaelmas, It is from this King’s Bench

case (Coram Rege Roll, Trin. 42 Eliz. 587) that Halliwell-Phillipps

selected his lengthy extracts. But the vital points are missed. The

Court, “not being sufficiently informed of particulars,” postponed

the hearing till Michaelmas, and it was never heard. Why? Because on

18th October 42 Eliz., the Privy Council decreed, through the Court

of Requests, that Giles Alleyn and his attorneys should from thence

surcease, and no further prosecute the action at common law for

trespass, and should never commence any suit for the _pulling down of

the Theatre_, and that Cuthbert Burbage should be at liberty to take

his remedy at Common Law against Alleyn for not agreeing to seal the

second lease. (See “The demurrer of Cuthbert Burbage, Richard Burbage,

Peter Street, and William Smith to Giles Alleyn’s complaint” in the

Star Chamber case, 23rd November, 44 Eliz., 1601, A. xii/35.)

In Hilary Term 43 Eliz., 1601, postponed till Easter, 44 Eliz., Alleyn

sued a plea of broken agreement against Cuthbert Burbage in his own

name (Coram Rege Roll, 1373, r. 255, Easter 44 Eliz.).

Then Giles Alleyn, still at white heat, brought the noteworthy, though

hitherto unnoted, complaint in the Star Chamber, again defying legal

etiquette and legal decision, 23rd November 44 Eliz., 1601. He recited

the well-known indenture and conditions, and further blackened the

character of the Burbages by saying that Braynes, not Burbage, had

built the Theatre at the cost of 1,000 marks. (Mrs. Braynes herself

only claimed to have contributed £500 for their moiety; see D. and O.

Books, Chancery A., 1590, p. 109.) “Cuthbert, desiring to make gain,

allowed the theatre to remain after the expiry of the lease, when it

became clearly vested in the Landlord,” who, “seeing the grievous

abuses that came by the said Theatre, resolved to pull it downe”; but

Cuthbert carried it away “in and about 28th December, 1598.” Alleyn

claimed to have commenced an action in Hilary Term following (_i.e._

January 1599); but Cuthbert exhibited a bill to stay him in Easter.

We have proved both of his dates incorrect. Alleyn goes on to make an

extraordinary charge--that Burbage had combined with John Maddox, his

attorney, and Richard Lane, the Register of the Court of Requests, to

draw up a forged order that he should not make any demurrer. Being

ignorant of this, he drew up a demurrer and went home to Haseley,

thinking everything settled till the case should be heard. But Burbage

gave information that he had “broken order,” and he was, for supposed

contempt, in the vacation time following, fetched up to London by a

pursuivant, “to his great vexation and annoyance, a man very aged and

unfitt to travell, to his excessive charges in journey, and likewise to

his great discredit and disgrace among his neighbours in the country.”

The pursuivant brought him to a Master of the Court of Requests, and

bound him in a bond of £200 to Cuthbert to appear at Michaelmas, when

he was purged of contempt. Alleyn further said he had witnesses to

bring up, but Cuthbert and Richard Burbage, reviling them because they

had formerly testified untruths, threatened to stab them if they did

it again, so that the witnesses were terrified and could not testify

on his behalf. Meanwhile Burbage suborned his witnesses “to commit

grievous perjury” concerning the costs of James Burbage, “by which

unlawful practises your said subject _did then lose his case_.”

Further, in the suit between him and Peter Street, and between him and

Cuthbert Burbage, one William Smith laid out “divers sums of money on

their behalf, whereby arose forcible entries, abuse of justice, law,

and order, and examples of misdemeanour worthy of punishment.” Cuthbert

and Richard Burbage and the others denied all his charges, and denied

“the riott in pulling down the said playhouse called the Theatre.”

Cuthbert “in conscience, being the assignee, could justify it, although

not in strictness of common law, by Alleyn’s breach of covenant.”

Therefore he had sought relief in the Court of Requests, which on

18th October 1600, non-suited Alleyn, and forbade him ever again from

bringing another “action for pulling down _of The Theatre_.” Cuthbert

added that Alleyn “offers great scandal and abuse to your Majesty’s

Council by calling the same matter again in question, after such

judiciall sentence and decree passed against him.” On 12th June 1602,

Richard Lane, “who was then and is still acting as deputy Register

in the Court of Requests,” denied Alleyn’s charge against himself.

His whole procedure had been what he was accustomed to for the past

thirty years; he therefore denied the charge of forgery. On 17th June

Richard Hudson and Thomas Osborne denied the charge of perjury brought

by Alleyn against them. After these wholesale denials Giles Alleyn’s

bill of complaint and the demurrers were referred to the consideration

of “the right worshipful Mr. Francis Bacon, Esq.”; and he decided that

Giles Alleyn’s bill of complaint was very uncertain and insufficient

in law, and _no further answer need be made to it_. This means that it

was dismissed. This is my first discovery of any association between

Francis Bacon and the theatre, and even the Baconians must allow it was

a purely legal one, and not literary.

Alleyn defied legal etiquette and legal decision by continuing the

postponed suit against the same man in another court. This is the

case in the Queen’s Bench (Coram Rege Roll, Easter 44 Eliz. R. 257),

which is varied from the former one in that court by being brought

directly against Burbage, instead of his servant Peter Street. The

case gives the former recitals quoted by Halliwell-Phillipps, who

apparently did not understand that Burbage argued this time that Alleyn

was incompetent to bring the action. Giles Alleyn and Sara his wife

appealed to the country for a jury. This was never summoned, because,

Alleyn’s case being dismissed from the Star Chamber in Trinity, 44

Eliz., he was left by the previous decision of the Court of Requests

incompetent at law to bring the case at all.

I can only account for Giles Alleyn’s audacity in bringing such a case

again by the fact that since the Privy Council’s decision had occurred,

the Essex conspiracy, executions, imprisonments, and fines had occupied

the attention of the Privy Council, and weakened the strength of the

players’ friends at Court. Burbage’s company themselves had not escaped

without suspicion: Augustine Phillips had been summoned, though he had

proved his innocence, and the company performed at Court till the eve

of the executions.

Shakespeare's environment · 第 15 / 28 段