ioo Charles William Wallace 



further that such witnesses as they nowe intend to examine are 

 theise whose names followe that is to say John Marston of Bar- 

 ford in the county of wiltes clerk, Henry Evans of the Black- 

 fryers in London gent, . his wief nowe not in Lon- 

 don, Nathaniell ffeilde John Vnderwood, William Ostler, and 

 [William] Baxstead of London gent, Phillip Rcceter of the white- 

 fryers London gent, & margaret Hawkins of London widow e — / 



[10-18] 



[It is unfortunate that the depositions of the nine persons mentioned 

 in Cuthbert Burbage's affidavit as material witnesses are wanting. If 

 these depositions existed, they would reveal valuable data in the history 

 of the Blackfriars, with which most of the persons named had been inti- 

 mately associated for ten to twelve years, since the opening of that theatre 

 in 1597. 



But it is evident that these witnesses were never examined. If they had 

 been, their names would be recorded in the Court's Witness Book. No 

 such list is found there. Besides, although we have examined all the 

 uncalendared records of the Court of Requests, even the mouldered and 

 crumbling scraps, of the reigns of Elizabeth, James I, and Charles I, 

 we find no trace of depositions by these witnesses in this case. Cuthbert 

 Burbage's affidavit is the last record in the chronology. It seems likely 

 that the stubborn and long-fought case was finally settled out of court, 

 before it came time to examine these witnesses and proceed in the usual 

 manner to trial and decree. This explains why the Court's records end 

 here.] 



360 



