284 Charles Wiliam Wallace 
{undrie faultes, and manifeft ymperfections therein appearinge 
{uch as by the Lawes of this Realme and orders of this honorable 
Courte they theis Defend‘’* are not tied to make any aunfweare 
vnto. And namelie whereas the faid Complaynt doth charge theis 
Defends in his faid Bill for a Riott by them committed in pull- 
inge downe of the faide Playe houfe called the Theater, and for 
takinge and carryinge awaye thence the woodde and Tymber 
thereon which Playe houfe was builded and erected vppon cer- 
teine groundes thentofore Demyfed vnto him the faide James 
Burbage in the faide bill of Complaint named by the Compl* and 
his wife’ by theire Indenture of Leafe vnder theire hands and 
feales for the terme of diuers yeares then to come) The faid 
Complt havinge for that caufe in Hillarie terme next followinge 
the faid fuppofed Riott commenced an Accion of trefpaffe againit 
Peeter Streete, and the faid Cuthbert Burbage being two of the 
nowe Defend‘* in her Mates, Courte called the Kinges Benche 
at weitminiter. And the faid Defend‘ Cuthbert Burbage being 
Affignee of the premiffes, and being well able in good confcience 
and equitie to iuftifie the pullinge downe, viinge and Difpofinge 
of the woodde and tymber of the faide Playe houfe, although in 
{trictnes of lawe, by reafon of the Compl'¢*? owne wronge and 
breache of Covenaunte, he had noe fufficient matter to alleadge in 
barre of the faid accion, this Defendt Cuthbert Burbage did for 
his releife and ftaye of the vniuft proceedinges of the faid Com- 
playn' in the faid accion exhibite his Bill of Complt vnto yo™ Mat 
before yo™ Highnes Councell in your honorable Courte of white- 
hall againft the faide Compl*. Vnto which bill the nowe Compl 
appeared and aunfweared and this Defendt Cuthbert replied, and 
diuers witneffes were examined on both fides, publicacion 
graunted, and feuerall daies appointed for the hearinge thereof 
And vppon the open hearinge and full and deliberate debatinge 
of the faid caufe, it plainlie appeared vnto yo™ Mates faid Coun- 
cell that the faid James Burbage had well and truelie for his 
parte perfourmed and kepte all and fingwler the Covenauntes 
conteyned in the faid Indenture, and that the nowe Complaynt in 
refulinge to feale A newe Leafe of the premiffes tendred vnto. 
284 
