The First London Theatre 287 
the trueth of fo much therof as concerneth him this deft fayeth 
that true it is that there was A fute commenfed in her Mates 
hono'able Court of Whitehall at weftmin/ter by one Cuthbert 
Burbage complainant again{ft the faid Gyles Allen deft concerning 
the {tay of A fute w™ the faid Allen had then dependinge in her 
Mat*s Court of Kinges benche again{ft the faid Burbage or his 
fervaunt towching the Playhoufe called the Theater in the bill 
mencioned In which Court this deft then and yet ferving as 
deputie Regifter did to-the beft of his vnderftanding, and w™ as 
much knowledge and diligence as hee could attende, and tooke 
fuche briefe notes of Orders as from tyme to tyme her ma‘ 
Counfaill in the faid Court pronounced in the faid caufe without 
anie affeccion to either of the fayd parties Amongeft w™ vpon 
the xxxj™ of May in the xlij™ yeare of her ma‘’* moft happie 
reigne, the fame matter being moved and opened in prefence of 
m® fergeant Harris and m™ Walter being feuerally of counfaill 
learned w™ both the faid parties, yt was therevpon (to the beit of 
this defendantes remembrance) Ordered by confent of the faid 
parties or their Counfaill, that the fame matter fhould be fett over 
to be heard in the faid Court vpon the fyveth day of the ther next 
terme, And in the meane time the def‘ fhould ftay his fute at the 
common lawe and no further proceede therein, And it was alfo 
then further Ordered that the faid Allen (makinge othe that he 
was not privie to the depoficions publifhed and fetting downe the 
names of the deponentes w™ hee intended to examine) fhould be 
at libertie texamine the fame deponentes fo to be named vntill the 
fecond day of the fayd next terme And then the fame to be pub- 
lifhed As by A note remayning in A booke of remembraunces 
then taken and kept by this deft appeareth. Vpon the coppie of 
w note fo conceaved, and deliuered by this deft, The faid John 
Madox named in the bill (being Attourney for the faid Burbage) 
or fome of his clerkes or fome other on the behalf of the faid 
Burbage, did drawe vp an Order at lardge towching the fame 
caufe, and brought the fame fubfcribed and confirmed by one of 
her ma*és faid Counfaill of the faid Court (As by the fame ready 
to be fhewed vnto this hono"able Court may appeare) into the 
287 
