The First London Theatre 285 
him by the faid James Burbage accordinge to A covenant in the 
faid Indenture of Leafe on his the nowe Compl'®* parte to be 
perfourmed contrarie to his owne agreement through his-owne 
wronge and breach of covenaunt in not fealinge the faid newe 
Leafe vnto the faid James Burbage) fought to hinder him this 
Defend' Cuthbert havinge the intereft of the premiffes) to take 
the benefitte of the faid agreement in the faid Indenture expreffed 
in takinge awaye the faid playehoufe beinge made and erected by 
the faid James Burbage at his chardge accordinge to the faid cove- 
naunte. Therefore it feemed vnto yo™. Ma.**s faid Councell that 
there was good caufe in equitie to ftaie the nowe Compl' pro- 
ceedinges in the faid Accion at the Common Lawe. And there- 
vppon it appearinge to your Highnes faid Councell the faid De- 
fend' Cuthbert for diuers reafons had iuft caufe to be releiued 
in the premiffes It was by yo" Highnes faid Councell the 18% 
daye of October in the two and fortithe yeare of yo™ maties 
raigne ordered, adiudged and decreed that the nowe Compl* his 
Counfello™s, Attourneyes, and Sollicitors fhould from thence 
fourth furceafe and ftaye and noe further profecute or proceede 
at the Common lawe in the faid accion of trefpaffe foe commenced 
again{t the faid Peeter Streete for that caufe. And that the faid 
nowe Compl‘ nor any for him, or by his confent, or procurem* 
fhoulde at any tyme then after commence, or caufe to be com- 
menced any other accion or fuyte againft him this Defend‘ Cuth- 
bert or any his fervauntes, or Affignees for or concerninge the 
pullinge downe of the faid Playehoufe, or for carrying awaye the 
tymber thereof And that this Defendt Cuthbert fhoulde be at 
libertie to take his remedie at and by the courfe of your Highnes 
Common lawes againift the nowe Compl* for not agreeing to feale 
the faid newe Leafe accordinge to A covenaunte on the nowe 
Compl'’s parte to be perfourmed in the faid Indentures expreffed 
as (amongft other things) in the faid Judiciall Decree, and fen- 
tence of that Courte more at large it doth and maye appeare. 
ffor which caufe, and for that the nowe Compl‘ (if he had fuf- 
pected or had fhewed any caufe of greife for any fraude, or indi- 
recte practife, or dealinge (by him fuppofed to be vfed, or com- 
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