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 a.s.sist Hide with the Lord Treasurer when occasion arose. Under this pressure, Hide accepted full payment of his mortgage, and made over the t.i.tle 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]

[Footnote 78: Wallace, _op. cit._, pp. 57, 60, 62.]

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 wh.o.r.e, 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]

[Footnote 79: _Ibid._, p. 121.]

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 coming in, John Alleyn--brother of the immortal Edward Alleyn--"found the foresaid Richard Burbage, the youngest son of the said James Burbage, there with a broom staff in his hand; of whom when this deponent Alleyn asked what stir was there, he answered in laughing phrase how they came for a moiety, 'But,' quod he (holding up the said broom staff) 'I have, I think, delivered him a moiety with this, and sent them packing.'" Alleyn thereupon warned the Burbages that Myles could bring an action of a.s.sault and battery against them. "'Tush,' quod the father, 'no, I warrant you; but where my son hath now beat him hence, my sons, if they will be ruled by me, shall at their next coming provide charged pistols, with powder and hempseed, to shoot them in the legs.'"[80]

[Footnote 80: Wallace, _op. cit._, pp. 63, 97, 100, 101, 114.]

But if the Burbages could laugh at the efforts of Myles and the widow to secure a moiety of the Theatre from Cuthbert, they were seriously troubled by the continued refusal of Gyles Alleyn to renew the lease.

James Burbage many times urged his landlord to fulfill the original agreement, but in vain. At last, Alleyn, "according to his own will and discretion, did cause a draft of a lease to be drawn, wherein were inserted many unreasonable covenants." The new conditions imposed by Alleyn were: (1) that Burbage should pay a rental of 24 instead of 14 a year; (2) that he should use the Theatre as a place for acting for only five years after the expiration of the original twenty-one-year lease, and should then convert the building to other uses; (3) that he should ultimately leave the building in the possession of Alleyn.[81] The first and third conditions, though unjust, Burbage was willing to accept, but the second condition--that he should cease to use the Theatre for plays--he "utterly refused" to consider.

[Footnote 81: See Wallace, _op. cit._, pp. 195, 212, 216, 250, 258, _et al._]

Finally, perceiving that it was useless to deal further with Alleyn, he made plans to secure a new playhouse in the district of Blackfriars, a district which, although within the city walls, was not under the jurisdiction of the city authorities. He purchased there the old Blackfriars refectory for 600, and then at great expense made the refectory into a playhouse. But certain influential n.o.blemen and others living near by protested against this, and the Privy Council ordered that the building should not be used as a public playhouse.

All this belongs mainly to the history of the Second Blackfriars Playhouse, and for further details the reader is referred to the chapter dealing with that theatre.

Shortly after the order of the Privy Council cited above, Burbage died, just two months before the expiration of his lease from Alleyn; and the Theatre with all its troubles pa.s.sed to his son Cuthbert. By every means in his power Cuthbert sought to induce Alleyn to renew the lease: "Your said subject was thereof possessed, and being so possessed, your said servant did often require the said Alleyn and Sara his wife to make unto him the said new lease of the premises, according to the agreement of the said indenture." Cuthbert's importunity in the matter is clearly set forth in a deposition by Henry Johnson, one of Alleyn's tenants. It was Alleyn's custom to come to London at each of the four pay terms of the year, and stop at the George Inn in Sh.o.r.editch to receive his rents; and on such occasions Johnson often observed Cuthbert's entreaties with Alleyn. In his deposition he says that he "knoweth that the said complainant [Cuthbert Burbage] hath many times labored and entreated the defendant [Gyles Alleyn] to make him a new lease of the premises in question, for this deponent sayeth that many times when the defendant hath come up to London to receive his rents, he, this deponent, hath been with him paying him certain rent; and then he hath seen the plaintiff with his landlord, paying his rent likewise; and then, finding opportunity, the plaintiff would be intreating the defendant to make him a new lease of the premises in question; and sayeth that it is at least three years since [i.e., in 1597] he, this deponent, first heard the plaintiff labor and entreat the defendant for a new lease."[82]

Cuthbert tells us that Alleyn did not positively refuse to renew the lease, "but for some causes, which he feigned, did defer the same from time to time, but yet gave hope to your subject, and affirmed that he would make him such a lease."[83]

[Footnote 82: Wallace, _op. cit._, p. 246.]

[Footnote 83: _Ibid._, p. 184.]

Cuthbert's anxiety in this matter is explained by the fact that the old lease gave him the right to tear down the Theatre and carry away the timber and other materials to his own use, provided he did so before the expiration of the twenty-one years. Yet, relying on Alleyn's promises to renew the lease, he "did forbear to pull downe and carry away the timber and stuff employed for the said Theatre and playing-house at the end of the said first term of one and twenty years." A failure to renew the lease would mean, of course, the loss of the building.

Alleyn, though deferring to sign a new lease, allowed Burbage to continue in possession of the property at "the old rent of 14." Yet the Theatre seems not to have been used for plays after the original lease expired.[84] The Lord Chamberlain's Company, which had been occupying the Theatre, and of which Richard Burbage was the chief actor, had moved to the Curtain; and the author of _Skialetheia_, printed in 1598, refers to the old playhouse as empty: "But see, yonder, one, like the unfrequented Theatre, walks in dark silence and vast solitude."[85]

[Footnote 84: The lease expired on April 13, 1597; on July 28 the Privy Council closed all playhouses until November. The references to the Theatre in _The Remembrancia_ (see The Malone Society's _Collections_, I, 78) do not necessarily imply that the building was then actually used by the players.]

[Footnote 85: The same fact is revealed in the author's remark, "If my dispose persuade me to a play, I'le to the Rose or Curtain," for at this time only the Chamberlain's Men and the Admiral's Men were allowed to play.]

To Cuthbert Burbage such a state of affairs was intolerable, and on September 29, 1598, he made a new appeal to Alleyn. Alleyn proffered a lease already drawn up, but Cuthbert would not "accept thereof"

because of the "very unreasonable covenants therein contained."[86]

[Footnote 86: Wallace, _op. cit._, pp. 216, 249.]

Shortly after this fruitless interview, or late in 1598, Gyles Alleyn resolved to take advantage of the fact that Cuthbert Burbage had not removed the Theatre before the expiration of the first twenty-one years. He contended that since Cuthbert had "suffered the same there to continue till the expiration of the said term ... the right and interest of the said Theatre was both in law and conscience absolutely vested" now in himself; accordingly he planned "to pull down the same, and to convert the wood and timber thereof to some better use for the benefit" of himself.[87]

[Footnote 87: _Ibid._, pp. 277, 288.]

But, unfortunately for Alleyn, Cuthbert Burbage "got intelligence" of this purpose, and at once set himself to the task of saving his property. He and his brother Richard, the great actor, took into their confidence the chief members of the Lord Chamberlain's Company, then performing at the Curtain Playhouse, namely William Shakespeare, John Heminges, Augustine Phillips, Thomas Pope, and William Kempe. These men agreed to form with the Burbages a syndicate to finance the erection of a new playhouse. The two Burbages agreed to bear one-half the expense, including the timber and other materials of the old Theatre, and the five actors promised to supply the other half.

Together they leased a suitable plot of land on the Bankside near Henslowe's Rose, the lease dating from December 25, 1598. These details having been arranged, it remained only for the Burbages to save their building from the covetousness of Alleyn.

On the night of December 28, 1598,[88] Alleyn being absent in the country, Cuthbert Burbage, his brother Richard, his friend William Smith, "of Waltham Cross, in the County of Hartford, gentleman," Peter Street, "cheefe carpenter," and twelve others described as "laborers such as wrought for wages," gathered at the Theatre and began to tear down the building. We learn that the widow of James Burbage "was there, and did see the doing thereof, and liked well of it";[89] and we may suspect that at some time during the day Shakespeare and the other actors were present as interested spectators.

[Footnote 88: The date, January 20, 1599, seems to be an error.]

[Footnote 89: Wallace, _op. cit._, p. 238.]

The episode is thus vividly described by the indignant Gyles Allen:

The said Cuthbert Burbage, having intelligence of your subject's purpose herein, and unlawfully combining and confederating himself with the said Richard Burbage and one Peter Street, William Smith, and diverse other persons to the number of twelve, to your subject unknown, did about the eight and twentieth day of December, in the one and fortieth year of your highness reign, and sithence your highness last and general pardon, by the confederacy aforesaid, riotously a.s.sembled themselves together, and then and there armed themselves with diverse and many unlawful and offensive weapons, as namely swords, daggers, bills, axes, and such like, and so armed did then repair unto the said Theatre, and then and there armed as aforesaid, in very riotous, outrageous, and forceable manner, and contrary to the laws of your highness realm, attempted to pull down the said Theatre. Whereupon, diverse of your subjects, servants and farmers, then going about in peaceable manner to procure them to desist from that unlawful enterprise, they, the said riotous persons aforesaid, notwithstanding procured then therein with great violence, not only then and there forcibly and riotously resisting your subjects, servants, and farmers, but also then and there pulling, breaking, and throwing down the said Theatre in very outrageous, violent, and riotous sort.[90]

[Footnote 90: Wallace, _op. cit._, pp. 278-79. This doc.u.ment was discovered by J.O. Halliwell-Phillipps, who printed extracts in his _Outlines_. See also Ordish, _Early London Theatres_, pp. 75-76.]

The workmen, under the expert direction of Peter Street, carried the timber and other materials of the old Theatre to the tract of land on the Bankside recently leased by the new syndicate--as Gyles Alleyn puts it, "did then also in most forcible and riotous manner take and carry away from thence all the wood and timber thereof unto the Bankside, in the Parish of St. Mary Overies, and there erected a new playhouse with the said timber and wood."

The playhouse thus erected was, of course, an entirely new structure.

Nearly a quarter of a century had elapsed since James Burbage designed the old Theatre, during which time a great development had taken place both in histrionic art and in play writing; and, no doubt, many improvements were possible in the stage and in the auditorium to provide better facilities for the actors and greater comfort for the spectators. In designing such improvements the architect had the advice and help of the actors, including Shakespeare; and he succeeded in producing a playhouse that was a model of excellence. The name selected by the syndicate for their new building was "The Globe." For further details as to its construction, and for its subsequent history, the reader is referred to the chapter dealing with that building.

When Gyles Alleyn learned that the Burbages had demolished the Theatre and removed the timber to the Bankside, he was deeply incensed, not only at the loss of the building, but also, no doubt, at being completely outwitted. At once he inst.i.tuted suit against Cuthbert Burbage; but he was so intemperate in his language and so reckless in his charges that he weakened his case. The suit dragged for a few years, was in part referred to Francis Bacon, and finally in the summer of 1601 was dismissed. Thus the history of the first London playhouse, which is chiefly the history of quarrels and litigation, came to a close.

It is not possible now to indicate exactly the stay of the different troupes at the Theatre; the evidence is scattered and incomplete, and the inferences to be drawn are often uncertain.

When the building was opened in 1576, it was, no doubt, occupied by the Earl of Leicester's troupe, of which Burbage was the manager, and for which, presumably, the structure had been designed. Yet other troupes of players may also have been allowed to use the building--when Leicester's Men were touring the provinces, or, possibly, on days when Leicester's Men did not act. This arrangement lasted about six years.

In 1582 the use of the Theatre was interrupted by the interference of Peckham. For a long time the actors "could not enjoy the premises,"

and Burbage was forced to keep Peckham's servants out of the building with an armed guard night and day. As a result of this state of affairs, Leicester's troupe was dissolved; "many of the players," we are told, were driven away, and the rest "forsook the said Theatre."

The last notice of these famous players is a record of their performance at Court on February 10, 1583.

Shortly after this, in March, 1583, Tilney, the Master of the Revels, organized under royal patronage a new company called the Queen's Men.

For this purpose he selected twelve of the best actors of the realm, including some of the members of Leicester's company.[91] The two best-known actors in the new organization were the Queen's favorite comedian, Richard Tarleton, the immortal "Lord of Mirth," and John Lanham, the leader and apparently the manager of the troupe. James Burbage, who may by this time, if not before, have retired from acting, was not included.

[Footnote 91: For a list of the Queen's Men see Wallace, _op. cit._, p. 11.]

The newly organized Queen's Men in all probability occupied the Theatre which had been left vacant by the dissolution of Leicester's company. Mr. Wallace denies this, mainly on the evidence of a permit issued by the Lord Mayor, November 28, 1583, granting the Queen's Men the privilege of acting "at the sign of the Bull [Inn] in Bishopgate Street, and the sign of the Bell [Inn] in Gracious Street, and nowhere else within this city." But this permit, I think, lends scant support to Mr. Wallace's contention. The Lord Mayor had no authority to issue a license for the Queen's Men to play at the Theatre, for that structure was outside the jurisdiction of the city. The Privy Council itself, no doubt, had issued such a general license when the company was organized under royal patronage.[92] And now, ten months later, on November 26, 1583, the Council sends to the Lord Mayor a request "that Her Majesty's players may be suffered to play ... within the city and liberties _between this and shrovetide next_"[93]--in other words, during the winter season when access to the Theatre was difficult. It was customary for troupes to seek permission to act within the city during the winter months.[94] Thus the Queen's Men, in a pet.i.tion written probably in the autumn of the following year, 1584, requested the Privy Council to dispatch "favorable letters unto the Lord Mayor of London to permit us to exercise within the city," and the Lord Mayor refused, with the significant remark that "if in winter ... the foulness of season do hinder the pa.s.sage into the fields to play, the remedy is ill conceived to bring them into London."[95]

Obviously the Queen's Men were seeking permission to play in the city only during the cold winter months; during the balmy spring, summer, and autumn months--for actors the best season of the year--they occupied their commodious playhouse in "the fields."

[Footnote 92: Such a license would include also permission to act in the provinces. This latter was soon needed, for shortly after their organization the Queen's Men were driven by the plague to tour the provinces. They were in Cambridge on July 9, and probably returned to London shortly after. See Murray, _English Dramatic Companies_, I, 8.]

[Footnote 93: The Malone Society's _Collections_, I, 66.]

[Footnote 94: Lord Hunsdon, on October 8, 1594, requested the Lord Mayor to permit the Chamberlain's Men "to play this winter time within the city at the Cross Keys in Gracious Street." See The Malone Society's _Collections_, I, 67.]

[Footnote 95: The Malone Society's _Collections_, I, 170, 172.]

That this playhouse for a time, at least, was the Theatre is indicated by several bits of evidence. Thus the author of _Martin's Month's Mind_ (1589) speaks of "twittle-t.w.a.ttles that I had learned in ale-houses and at the Theatre of Lanham and his fellows." Again, Nash, in _Pierce Penniless_ (1592), writes: "Tarleton at the Theatre made jests of him"; Harrington, in _The Metamorphosis of Ajax_ (1596): "Which word was after admitted into the Theatre with great applause, by the mouth of Master Tarleton"; and the author of _Tarlton's Newes out of Purgatory_ (_c._ 1589) represents Tarleton as connected with the Theatre. Now, unless Lanham, Tarleton, and their "fellows" usually or sometimes acted at the Theatre, it is hard to understand these and other similar pa.s.sages.