Shakespearean Playhouses. Joseph Quincy Adams

he had expended in excess of Burbage, and thereafter to be shared "in divident equally between them."[72] These conditions, however, were not observed, and the failure to observe them led to much subsequent discord.

      The arbitrators also decided that "if occasion should move them [Burbage and Brayne] to borrow any sum of money for the payment of their debts owing for any necessary use and thing concerning the said Theatre, that then the said James Burbage and the said John Brayne should join in pawning or mortgageing of their estate and interest of and in the same."[73] An occasion for borrowing money soon arose. So on September 26, 1579, the two partners mortgaged the Theatre to John Hide for the sum of £125 8s. 11d. At the end of a year, by non-payment, they forfeited the mortgage, and the legal title to the property passed to Hide. It seems, however, that because of some special clause in the mortgage Hide was unable to expel Burbage and Brayne, or to dispose of the property to others. Hence he took no steps to seize the Theatre; but he constantly annoyed the occupants by arrest and otherwise. This unfortunate transference of the title to Hide was the cause of serious quarreling between the Burbages and the Braynes, and finally led to much litigation.

      In 1582 a more immediate disaster threatened the owners of the Theatre. One Edmund Peckham laid claim to the land on which the playhouse had been built, and brought suit against Alleyn for recovery. More than that, Peckham tried to take actual possession of the playhouse, so that Burbage "was fain to find men at his own charge to keep the possession thereof from the said Peckham and his servants," and was even "once in danger of his own life by keeping possession thereof." As a result of this state of affairs, Burbage "was much disturbed and troubled in his possession of the Theatre, and could not quietly and peaceably enjoy the same. And therefore the players forsook the said Theatre, to his great loss."[74] In order to reimburse himself in some measure for this loss Burbage retained £30 of the rental due to Alleyn. The act led to a bitter quarrel with Alleyn, and figured conspicuously in the subsequent litigation that came near overwhelming the Theatre.

      In 1585 Burbage, having spent the stipulated £200 in repairing and rebuilding the tenements on the premises, sought to renew the lease, according to the original agreement, for the extended period of twenty-one years. On November 20, 1585, he engaged three skilled workmen to view the buildings and estimate the sum he had disbursed in improvements. They signed a formal statement to the effect that in their opinion at least £220 had been thus expended on the premises. Burbage then "tendered unto the said Alleyn a new lease devised by his counsel, ready written and engrossed, with labels and wax thereunto affixed, agreeable to the covenant." But Alleyn refused to sign the document. He maintained that the new lease was not a verbatim copy of the old lease, that £200 had not been expended on the buildings, and that Burbage was a bad tenant and owed him rent. In reality, Alleyn wanted to extort a larger rental than £14 for the property, which had greatly increased in value.

      On July 18, 1586, Burbage engaged six men, all expert laborers, to view the buildings again and estimate the cost of the improvements. They expressed the opinion in writing that Burbage had expended at least £240 in developing the property.[75] Still Alleyn refused to sign an extension of the lease. His conduct must have been very exasperating to the owner of the Theatre. Cuthbert Burbage tells us that his father "did often in gentle manner solicit and require the said Gyles Alleyn for making a new lease of the said premises according to the purporte and effect of the said covenant." But invariably Alleyn found some excuse for delay.

      The death of Brayne, in August, 1586, led John Hide, who by reason of the defaulted mortgage was legally the owner of the Theatre, to redouble his efforts to collect his debt. He "gave it out in speech that he had set over and assigned the said lease and bonds to one George Clough, his … father-in-law (but in truth he did not so)," and "the said Clough, his father-in-law, did go about to put the said defendant [Burbage] out of the Theatre, or at least did threaten to put him out." As we have seen, there was a clause in the mortgage which prevented Hide from ejecting Burbage;[76] yet Clough was able to make so much trouble, "divers and sundry times" visiting the Theatre, that at last Burbage undertook to settle the debt out of the profits of the playhouse. As Robert Myles deposed in 1592, Burbage allowed the widow of Brayne for "a certain time to take and receive the one-half of the profits of the galleries of the said Theatre … then on a sudden he would not suffer her to receive any more of the profits there, saying that he must take and receive all till he had paid the debts. And then she was constrained, as his servant, to gather the money and to deliver it unto him."[77]

      For some reason, however, the debt was not settled, and Hide continued his futile demands. Several times Burbage offered to pay the sum in full if the title of the Theatre were made over to his son Cuthbert Burbage; and Brayne's widow made similar offers in an endeavor to gain the entire property for herself. But Hide, who seems to have been an honest man, always declared that since Burbage and Brayne "did jointly mortgage it unto him" he was honor-bound to assign the property back to Burbage and the widow of Brayne jointly. So matters stood for a while.

      At last, however, in 1589, Hide declared that "since he had forborne his money so long, he could do it no more, so as they that came first should have it of him." Thereupon Cuthbert Burbage came bringing not only the money in hand, but also a letter from his master and patron, Walter Cape, gentleman usher to the Lord High Treasurer, requesting Hide to make over the Theatre to Cuthbert, and promising in return to assist Hide with the Lord Treasurer when occasion arose. Under this pressure, Hide accepted full payment of his mortgage, and made over the title of the property to Cuthbert Burbage. Thus Brayne's widow was legally excluded from any share in the ownership of the Theatre. Myles deposed, in 1592, that henceforth Burbage "would not suffer her to meddle in the premises, but thrust her out of all."

      This led at once to a suit, in which Robert Myles acted for the widow. He received an order from the Court of Chancery in her favor, and armed with this, and accompanied by two other persons, he came on November 16, 1590, to Burbage's "dwelling house near the Theatre," called to the door Cuthbert Burbage, and in "rude and exclamable sort" demanded "the moiety of the said Theatre." James Burbage "being within the house, hearing a noise at the door, went to the door, and there found his son, the said Cuthbert, and the said Myles speaking loud together." Words were bandied, until finally Burbage, "dared by the same Myles with great threats and words that he would do this and could do that," lost his temper, and threatened to beat Myles off the ground.[78]

      Next the widow, attended by Robert Myles and others, visited the home of the Burbages "to require them to perform the said award" of the court. They were met by James Burbage's wife, who "charged them to go out of her grounds, or else she would make her son break their knaves' heads." Aroused by this noise, "James Burbage, her husband, looking out a window upon them, called the complainant [Widow Brayne] murdering whore, and … the others villaines, rascals, and knaves." And when Mistress Brayne spoke of the order of the court, "he cryed unto her, 'Go, go. A cart, a cart for you! I will obey no such order, nor I care not for any such orders, and therefore it were best for you and your companions to be packing betimes, for if my son [Cuthbert] come he will thump you hence!'" Just then Cuthbert did "come home, and in very hot sort bid them get thence, or else he would set them forwards, saying 'I care for no such order. The Chancery shall not give away what I have paid for.'" And so, after "great and horrible oathes" by James Burbage and his son, the widow and her attendants "went their ways."[79]

      Receiving thus no satisfaction from these visits to the home of James Burbage, the widow and Robert Myles came several times to the Theatre, bearing the order of the court in their hands; but each time they were railed upon and driven out. Finally, the widow, with her ever-faithful adjutant Robert Myles, his son Ralph, and his business partner, Nicholas Bishop, went "to the Theatre upon a play-day to stand at the door that goeth up to the galleries of the said Theatre to take and receive for the use of the said Margaret half of the money that should be given to come up into the said gallery." In the Theatre they were met by Richard Burbage, then about nineteen years old, and his mother, who "fell upon the said Robert Myles and beat him with a broom staff, calling him murdering knave." When Myles's partner, Bishop, ventured to protest at this contemptuous treatment of the order of the court, "the said Richard Burbage," so Bishop deposed, "scornfully and disdainfully playing with this deponent's nose, said that if he dealt in the matter, he would beat him also, and did challenge the field of him at that time." One of the actors then