60 Charles William Wallace 



be void & of none effect. Jn w ch said Jndcntuve of lease it is 

 recited and expressed that the said sixth parte of the said Moitie 

 of the said Playhowse garden plotto & pnmiiss^s was then Law- 

 fully Come to the hand^ & possession of this def 1 by his being 

 admim'strato 1 " of the good£\? chattells rights & debtor aforesaid of 

 the said Augustine Phillipps, And that this def 1 in consideracion 

 that the said Complainant should pay & dischardge the said 

 Legacie of five pounds and two oth r legacies of tenne pounds a 

 peece mencioned in the said Condicion did make the said demise 

 & lease As by the Counterparte of the said Jndcntuve of lease 

 ready to be shewed to this ho bIe Courte (whereto this def 1 refer- 

 reth himself) more playnely appeareth/. whereby this def* 

 thincketh that it manifestly appeareth that the said Complainant 

 then claymed not the said sixth parte of the said Moitie by the 

 said supposed assignem* by him pretended to be thereof made 

 vnto him by the said Anne & that this def { was Lawfully interessed 

 in the said sixth parte as admim'strato 1 " when the said release was 

 so made vnto him or by the said release when the said def 1 made 

 the said Lease vnto the said Complainant & his said wife of the 

 said sixth parte of the said moitie of the said playhowse gardens 

 & ground And this def 1 furth 1 " saith that about the said terme of 

 five yeeres Last past mencioned in the said bill of Complaint or 

 about Six Monethes before the said Playhowse and galleryes 

 were casually burnt downe & consumed w th fier/. Shortlie after 

 w ch this def 1 and his partners in the said Playhowse resolued to 

 reedifie the same & the rath r because they were by Covenante on 

 their parte in the said originall lease conteyned to mainteyne & 

 repaire all such buildings as should be built or erected vpon the 

 said gardens or ground during the said terme as by the said 

 originall lease may appeare And therevpon this def 1 did write his ' 

 hettre to the said Complainant signifieing the same vnto him & 

 therein required him to come & bring or send 50 u or 6o n by a day 

 therein mencioned for & towards the reedifieing of a howse in 

 regard of his the said Complainant^.? parte of the said ground 

 w ch this def 1 had so demised vnto him & his said wife by the said 

 lease if he would adventure so much (he the said Complainant 



320 



