The First London Theatre 197 
a fhorte time to haue turned them out of the poffeffion of the 
faid tenements by reafon that they were foe greatlye Decayed that 
the Defendt muft haue beene enforced to pull them Downe and 
to erecte them a newe for otherwife they Could not nor can not 
be Convenientlie repaired for good and able tenantes But nowe 
by the Dealinge of the Comp" it appeareth that he never in trueth 
meant to take the leafe as he pretended but onelie fought to take 
occafion when he might privelie and for his beft advantage pull 
downe the faid Theatre w™ aboute the feaft of the Natiuitie of 
our Lord God in the fourtith yeare of her ma''® Raigne he hath 
Caufed to be done without the privitie or Confent of the Defend 
he beinge then in the Countrie for the which the faid Defend 
hath brought an action of Trefpas in her ma‘®* Benche againift 
him whoe by the Commandement of the Comp! was the Doer 
therof which action the Defend* thinketh he had verie good and 
iufte caufe both in lawe and Confcience to profecute: for firft it 
appeareth that the libertie which the faid Jeames Burbage had 
by the faid leafe to pull downe the faid Theatre at anie time Dur- 
inge the terme was graunted vnto him in Confideracion onelie 
of the faid fomme of twoe hundred powndes to be imployed and 
beftowed by the faid Jeames Burbage vppon the howfes and build- 
inges that were demifed vnto him: which somme not beinge by 
im beftowed accordinglie and other Covenantes broken there 
was noe Colour (as the Defend‘ taketh it) either in lawe or Con- 
{cience for the Comp" to take awaie the fame: And further the 
Defend*t could not fee by what meanes he fhould receiue anie 
fatiffaction for the faid thirtie powndes of rent due vnto him 
and for the loffe w™ the Defend‘ hath fufteyned by the not re- 
payringe of his howfes w™ amounteth to a verie great value but 
onelie by the faid Theatre w%* the Defend* intended to Convert 
to his vie and therby to be recompenfed for the fame feeinge him- 
felfe otherwife lefte w"out remedie by reafon that the wife of the 
faid Jeames Burbage whome the Comp" fuppofeth to be his ad- 
miniftratrix is neither willinge nor able for ought the Defend 
‘can perceiue to yeald him any fatiffaction at all; for the faid 
Comp" hauinge (as the Defend‘ is informed) gotten all or the 
197 
