Witter v. Heminges and Condell: Shareholdings in the Globe: Bill of complaint of John Witter of Mortlake, Surrey, gent against John Hemings of London, gent and Henry Condell, gent

[This transcription is pending final vetting. Transcription based on Charles William Wallace, “Shakespeare and his London Associates as Revealed in Recently Discovered Documents,” University of Nebraska Studies, vol. 10 no. 4 (1910), 47-51.]

To the Kinges most excellent Maiestie

Most humbly complayninge sheweth to your most excellent Maiestie your most humble Subiecte Iohn Witter of Mortlake in the Countie of Surrey gentleman That Whearas Augustine
Phillippes of London gentleman deceased was in his lyeffe tyme lawfully possessed for many yeares then in beinge and yet to contynewe of and in a sixte parte of the moytie of the gallories of the playe-
howse called the Globe in Southwarke in the Countie of Surrey (sithence the death of the said Augustine Phillipps consumed with fier and lately reedified) And of divers gardeins thervnto belonginge
and adioyninge by force of a demise or lease to him the said Augustine Phillipps made of all the same by Nicholas Brenn of Mouldsey in the said Countie gentleman who was therof seized in his demeasne
as of ffee, And he the same Augustine Phillipps soe beinge thereof possessed in or aboute the moneth of Maie in the third yeare of the raigne of your Maiestie [1605] made his last will and testament in writinge, And
thereby did constitute and make his then wyeffe Anne his Executrix of his said last will and testament, and shortly after dyed soe possessed of the said tearme, And sone after the decease of the said
Augusttine Phillipps his said will or testamente was duely proved before Sir Iohn Bennett Knight then Judge of the Prerogatyve Courte of the then Archbyshoppe of Canterburie which was the
Competente Ordinarie to whome the same did then appertaine and belonge of right accordinge to your Majesties Ecclesiasticall lawes of your highnes Realme of England. By virtue whereof
and of a devise or guifte in and by the same will and testamente to her gyven and devised, shee the said Anne Phillipps ^^{the executrix and relicte of the said Augustine Phillipps} into the said sixte parte of the said gallories ground and play howse of the Globe
and gardens entered and was thereof possessed accordinglie and did receaue and take the yssues profittes and commodities therof as well and lawfull was for her to doe  And shee soe beinge thereof, and
of the other goodes and Chattells of her said late deceased husband which shee administered possessed did duringe the tyme of her wyddowehoode that is to saye in or aboute the moneth of Julie in the said
third yeare of your Maiestes said raigne of this your Realme of England [1605] sufficientlie graunte and assigne over vnto your said Subiecte all the same tearme therein then to come and vnexpired togeather with
the orriginall lease or graunte thereof vnto her said late deceased husband soe made and graunted by the said Nicholas Brenn as ys aforesaid. To haue and to hould the same vnto your said Subiecte and his assignes for
and duringe all the tearme and tyme therein then to come and vnexpired. By force whereof your said Subiecte thereinto did enter and was thereof possessed accordingly and receaved the rentes yssues and profyttes
thereof accordinglie for fyve yeares vntill nowe of late aboute eleaven yeares past That your said Subiecte wantinge money was dryven to morgage the same lease and tearme vnto Iohn Hemmynges of
London gent for the some of ffiftie powndes which your said Subiecte then of him had and receaved vpon a provisoe or Condicion therein expressed for the repaymente thereof with ffiftie shillinges more
for the vse or interest thereof at the end of six monethes then next enseweinge All which ffiftie twoe powndes and tenn shillinges [£52 10s] the said Hemmynges then had and accepted of at the handes of your said
Subiecte at the said lymitted tyme accordinge ^^to the said provisoe or Condicion before mencioned at such tyme as ^^{your subiect} he was in prison in the Kinges Bench in Southwarke aforesaid. But nowe soe yt
is may yt please your Majestie That the said orriginall lease last will and testamente and the assignemente and graunte aforesaid beinge by such meanes as ys aforesaid, or by some
other casuall meanes come to the handes and possession of the said Iohn Hemmynges and one Henry Coundall gentleman one of his fellowes and familiar Companions beinge both servantes
to your Majestie  they the said Iohn Hemmynges and Henry Coundall by cullour of haueinge thereof not onelie haue wroungfullie and without any iust tytle aboute fyve yeares last past entered
into and vpon the said sixte parte of the said playe howse ^^grounde gallories and gardeins called the Globe, but alsoe did by like wrounge and inivrie [=injury] ever sithence and yet doe detayne and keepe the same
And all the rentes yssues and profyttes thereof from your said Subiecte without any recompence or consideracion to him therefore gyven payed or allowed and haue made and contrived vnto them
selves and to dyvers other persons vnto your said Subiecte vnknowne dyvers and sundrie subtile seacrett and fraudulent estates of purpose to defraude and defeate your Subiecte thereof. And that he might
not knowe whome to sue for the same nor against whome he might recover the premises, All which is done contrarie to all right equitie and good conscience, And to the vndoeinge of your said
Subiecte his wyeffe and Children vnlesse your Maiesties accustomed ayde to him be therein as yt is to others in like distressed cases extended. In tender consideracion whereof And for asmuch
as the said Iohn Hemmynges and Henry Coundall haue hithervnto denyed and refused and as yet doe denye and refuse to permitt your said Subiecte quietlie to enioye and possesse the
demised premises or yet to redelyver vnto your said Subiecte the said orriginall lease last will and testamente and the assignemente and graunte before mencioned made by the said Anne, And
satisfie your said Subiecte for the meane profittes thereof although they the same Iohn Hemmynges and Henry Coundell and either of them haue byne therevnto often in frendlie and curteous
manner required and desired to doe all the same which they affirme and pretend by theire wordes speeches and Actions they will still soe contynewe theire doeinge of and hould perforce your
said Subiecte from and out of the same without any accompte profytte or commoditie thereof to your said Subiecte to be gyven or answered for the same, And for asmuch as the said
morgage soe made to the said Iohn Hemmynges and the paymente of the said ffiftie twoe powndes and tenn shillinges [=£52 10s] vnto him the same Iohn Hemynges by your said Subiecte was in
private and seacretlie had and made  And scarse any more then them selves that be nowe alyve privie or acquainted therewith, Whoe can testifie the same. And for that also your said
Subiecte doeth not knowe all the certainety of the said last will or testamente orriginall lease and the assignemente thereof, nor the full substance and sure contentes or certaine and
true dates thereof nor whether the same or any of them be contayned in any Chest Cubbord or truncke locked, or any bagge or boxe sealed or otherwise, And for that alsoe your said Subiecte verilie
hopeth and is perswaded that the said Iohn Hemmynges and Henry Coundall being to answeare hearvnto in this Courte vpon theire oathes will (As your Subiecte desireth) thereby confesse
and acknowedge all the whole truth for and in the premisses vpon theire oathes in theire answeares hearvnto whervnto they are not compellable at or by the Common lawes of this
Realme, And for asmuch alsoe as your said Subiecte ys not of abilitie and power to contend in lawe with the said Iohn Hemmynges and Henry Coundall who are of greate lyveinge wealth
and power and haue many more mightie and greate frendes then your said Subiecte whereby he ys and shalbe destitute of all helpe remedy and hope to be ayded and releeved by the ordinary and
strickte course or rigor of the Common lawes and ordinary proceedinges of this Realme or ellswheare then by your Maiestie or your Courte of Requestes and Counsell of Whitehall at Westminster
vsuall[y] extended to helpe and succour them in theis and the like Cases distressed or oppressed. May it please your highnes to graunte vnto your said Subiecte your most gracious wrytt of
privie Seale to be directed to the said Iohn Hemmynges and Henry Coundall and to either of them Commaundinge them and either of them at a certaine day and vnder a certaine payne
theirein to be lymmitted to be and personollie to appeare before your Maiestie and Counsell in the said honorable Courte of Requestes at Whitehall in Westminster then and theire to
answeare vnto
the premisses, And further to stand to and abyde such further order and direction therein As to your highnes said Counsell of the same Courte shalbe therein taken and thought fytt to agree with
equitie and good conscience. And your said Subiecte shall accordinge to his duety daylie pray vnto god for the longe preservacion contynewance and stabilitie of your Maisties most happie raigne.
       (signed) Raphe Wilbraham