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 
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