Answer of Cuthbert Burbage et al. to petition of Robert Benefield et al. concerning division of profits of the Globe, but including summary history of the Theatre

[This transcription is pending final vetting. Transcription based on Malone Society Collections 2 (1931), pt 3, 362-73.

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[Left margin:] The Kings | Players

To ye right Honorable Philip Earle of Pembroke & Mont-
gomery, Lord Chamberlaine of his Maiesties Houshold.

Robert Benefield, Heliard Swanston & Thomas Pollard humbly
represent these their grieuances, ymploring his Lordships noble favor
towardes them for their reliefe.

That the petitioners haue a long time with much patience expected to bee
admitted Sharers in ye Play houses of the Globe and the Black-
friers; wherby they might reape some better fruit of their
labours then hitherto they haue done, & bee incouraged to proceed therin
with cheerfulnes.

That those few interested in ye Houses haue (without any defalcacion
or abatement at all) a full moyety of the whole gaines ariseing ther-
by excepting the outer dores, And such of the sayd Houskeepers
as bee Actors, doe likewise equally share with all the rest of the
Actors, both in the other moiety, & in the sayd outer dores also.

That out of the Actors moiety, there is notwithstanding defrayed
all wages to hired men, Apparell, Poetes, lightes, & other charges of
the Houses whatsoever, soe that, betweene the Gaynes of the
Actors, & of those few interested as Houskeepers, there is an vn-
reasonable inequality.

That the House of the Globe was formerly divided into 16 partes
wherof Mr Cutbert Burbidge and his sisters had 8, Mrs Condall
4 and Mr Hemings 4.

That Mr Tailor and Mr Lowen were long since admitted to purchase
4 partes betwixt them from the rest (vizt) 1 part from Mr Hemings
2 partes from Mrs Condall, & halfe a part a peece from Mr Burbidge
and his sister.

That the 3 partes remaining to Mr Hemings were afterwardes by
Mr Shankes surreptitiously purchased from him, contrary to the petitioners
expectation; who hoped that when any partes had beene to bee sold,
they should haue beene admitted to haue bought & divided the same
amongst themselues, for their better liuelyhood.

That the petitioners Desire not to purchase or diminish any part of Mr Taylors
or Mr Lowens shares (whose deserveings they must acknowledge to
bee well worthy of their gaines) But in regard the petitioners labours [in]
(according to their seuerall wayes & abilityes) are equall to some of
the rest, and for that others of the said Houskeepers, are neither
Actors, nor his Maiesties servantes, & yet the petitioners profit & meanes
of Liuelyhood, soe much inferior & vnequall to theires, as appears
before  They therefore desire that they may bee admitted to pur-
chase for their moneys, at such rates as haue been formerly giuen
single partes a peece onely from those that haue the greatest shares
& may best spare them (vizt) that Mr Burbadge and his sister
haueing 3 partes & a halfe a peece may sell them two partes & reserue
two & a halfe a peece to themselues. And that Mr Shankes haue-
ing three may sell them one & reserue two; wherin they hope your
Lordship will conceaue their desires to bee iust and modest; The rather for
that the petitioners not doubting of beeing admitted sharers in the sayd house
the Globe suffered lately the sayd Houskeepers in the name of
his Maiesties servantes, to sue & obtaine a Decree in the Court of Requestes

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against Sir Mathew Brand, for confirmation vnto them of a lease
paroll for about 9 or 10 yeeres yet to come, which they could other
wise haue prevented, vntill themselues had beene made parties.

That for the House in ye Blackfriers, it beeing divided into 8 partes
amongst the aforenamed Housekeepers & Mr Shankes haueing two
partes therof, Mr Lowen, Mr Taylor and each of the rest haueing but
one part a peece, which two partes were by the sayd Mr Shankes purchased
of Mr Heming, together with those 3 of the Globe as before, the petitioners
desire & hope that your Lordship will conceaue it likewise reasonable, that the
sayd Mr Shankes may assigne ouer one of the sayd partes amongst
them three, they giueing him such satisfaccion for the same as that
hee bee noe looser therby.

Lastly that your Lordship would to that purpose bee nobly pleased,
as their onely gracious refuge & protector, to call all the sayd house-
keepers before you & to vse your Lordships power with them to conforme
themselues therunto: the rather considering that some of the sayd
Housekeepers who haue the greatest shares, are neither Actors
nor his Maiesties servantes as aforesayd, & yet reape most or the chiefest
benefitt of the sweat of their browes, & liue vpon the bread of
their Labours, without takeing any paynes themselues.

ffor which your petitioners shall haue iust cause to blesse your Lordship, as howeuer they are dayly bound to doe with the deuotions of most humble &
obliged Beadsmen./

[Column 1]
[Left margin:] shares in the globe
Burbadge        3-1/2
Robinson        3-/2
Condall        2
Shankes        3
Taylor        2
Lowen        2
of a lease of 9 yeeres from or Lady day last 1635 not yet confirmed by Sr Mathew Brand to bee taken to ffeoffees

[Column 2]
[Left margin:] [shares in the] Blackfryers
Shankes        2
Burbage        1
Robinson        1
Taylor        1
Lowen        1
Condall        1
Vnderwood        1

Court at Theoballes 12. Iuly. 1635
Haueing considered this petition & the seuerall answeres & replyes of ye parties
the merites of the petitioners & the disproportion of their shares & the interest of
his Maiesties service, I haue thought fitt & doe accordingly order that the petitioners
Robert Benefield, Eyllaerdt Swanston & Thomas Pollard bee each of them
admitted to ye purchase of the shares desired of the seuerall persons men-
tioned in ye petition for the fower yeeres remayning of the lease
of the House in Blackfriers & for fiue yeeres in that of the Globe
at the vsuall & accustomed rates & according to ye proportion of the time
& benefitt they are to inioy. And heerof I Desire the Houskeepers
& all others whome it may concerne to take notice & to conforme them-
selues therin accordingly. The which if they or any of them refuse or
delay to performe, if they are Actors & his Maiesties servantes I doe sus-
pend them from the Stage & all the benefitt therof & if they are onely
interested in ye Houses, I desire my Lord priuy seale to take order that they
may bee left out of the lease, which is to bee made vpon
the decree in ye Court of Requestes.

P & M. [=Pembroke and Montgomery]

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Robert Benefield, Eyllardt Swanston & Tho-
mas Pollard doe further humbly represent vnto
your Lordship.

That the Houskeepers beeing but 6 in number, vizt Mr
Cutbert Burbage, Mrs Condall, Mr Shankes, Mr Taylor, Mr
Lowen & Mr Robinson (in ye right of his wife) haue amongst them,
the full moyety of all the Galleries & Boxes in both
Houses & of the tireing house dore at ye Globe.

That the Actors haue the other moyety with the outer dores
but in regard the Actors are halfe as many more (vizt)
nine in number their shares fall shorter & are a great deale
lesse then the Houskeepers, And yet notwithstanding out of
those lesser shares the sayd Actors defray all Charges of
the House whatsoeuer (vizt) wages to hired men & boyes
musicke lightes &c amounting to 900 or 1000li per annum) or ther-
aboutes beeing 3li a day one day with another, besides the extra-
ordinary Charge which the sayd Actors are wholly at for
apparell & Poetes &c.

Wheras the sayd Houskeepers out of all their games haue not
till Or Lady day Last payd aboue 65li per annum rent for both
Houses, towardes which they rayse betweene 20 & 30li per annum
from the Taphowses & a Tenement & a Garden belonging to the
premisses &c and are at noe other charges whatsoeuer excepting
the ordinary reparations of the Houses.

Soe that vpon a Medium made of the Gaynes of the
Howskeepers & those of the Actors one day with another
throughout the yeere, the petitioners will make it apparent that
when some of the Houskeepers share the 12s a day at ye Globe
the Actors share not aboue 3s. And then what those
gaine that are both Actors and Houskeepers & haue their
shares in both your Lordship will easily iudge, & therby finde the
modesty of the petitioners suite, who desire onely to buy for their
money one part a peece from such three of the sayd Houskeepers
as are fittest to spare them, both in respect of desert and other
wise (vizt) Mr Shankes, one part of his three, Mr Robinson
& his wife, one part of their three & a halfe, And Mr Cutbert Bur-
bidge the like.

And for the House of the Blackfriers, that Mr Shankes who
now inioyes two partes there, may sell them likewise one, to bee
divided amongst them three.

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Humbly beseeching your Lordship to consider their long sufferings & not to permit the sayd Howskeepers any Longer to delay them but to put an end to & settle the sayd busines, that ye petitioners may not bee any further troublesome or importunate to your Lordship, but may proceed to doe their duty with cheerfullnes & alacritye.

Or otherwise in case of their refusall to [per]conforme themselues,
that your Lordship would bee pleased to consider whether it bee not rea-
sonable & equitable that the Actors in generall may inioy
the benefites of both Houses to themselues paying the sayd
Howskeepers such a valuable rent for the same as your Lordship shall
thinke iust & indifferent.

And ye petitioners shall continue their dayly
prayers for your Lordships prosperity & happines

The answere of Iohn Shankes to ye Peticion of Robert Bene-
field Eyllardt Swanston & Thomas Pollard Lately exhibited to
the Right Honorable Philip Earle of Pembroke & Montgomery
Lord Chamberlin of his Maiesties Houshold

[Left margin]: Humbly sheweth.
That about allmost 2 yeeres since, your suppliant vpon offer to him
made by William Hemings did buy of him one part hee had in the
Blackfriers for about 6 yeeres then to come at the yeerly rent of
6li 5s. & another part hee then had in ye Globe for about two
yeeres to come & payd him for the same two partes in ready mo-
neys 156li which sayd partes were offered to your suppliant, & were as free
then for any other to buy as for your suppliant./

That about 11 months since the sayd William Hemings offering to
sell vnto your suppliant the remaining partes hee then had (viz) one
in the Blackfriers, wherin hee had then about 5 yeeres to come
& two in ye Globe wherin hee had then but one yeere to come,
your suppliant likewise bought the same & payd for them in ready
moneys more 350li, All which moneys soe disbursed by your suppliant
amount to 506li, the greatest part wherof your suppliant was constrain-
ed to take vp at interest & your suppliant hath besides disbursed to
the said William Hemings diuerse other small summes of money, since
Hee was in prison.

That your supliant did neither fraudulently, nor surreptitiously defeat any
of the petitioners in their hope of buying the sayd partes, neither would the
sayd William Hemings haue sold the same to any of the petitioners for that they
would not haue giuen him any such price for the same but would (as now
they endeauour to doe), haue had the same against his will, & at what
rates they pleased.

That your suppliant beeing an old man in this quality, who in his youth
first serued your noble father & after that, the late Queene Elizabeth,
then king James & now his royall Maiestye & hauing in this long time
made noe provision for him selfe in his age, nor for his wife, Children
& grandchild, for his and their better liuelyhood, haueing this

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oportunity, did at deere rates purchase these partes, & hath for a very
small time as yet receaued the profites therof & hath but a
short time in them, & is without any hope to renew the same, when
the Termes bee out, hee therfore hopeth hee shall not bee hindred
in ye inioying the profitt therof, especially whenas the same are thinges
very casuall & subject to bee discontinued & lost by sicknes & ^^diverse
other wayes & to yield noe proffitt at all.

That wheras the petitioners in their complaint say that they haue not
meanes to subsist, it shall by oath (if need bee) bee made apparent
that euery one of the three petitioners for his own particular hath gotten
& receaued this yeere last past of the summe of 180li which, as
your suppliant conceaueth is a very sufficient meanes to satisfie & an-
swere their long & patient expectation & is more by aboue the
one halfe then any of them ewer gott or were capable of elswhere,
besides what Mr Swanston, one of them who is most violent in
this busines, who hath further had & receaued this last yeere aboue
34li for the profitt of a third part of one part in the blackfriers
which hee bought for 20li & yet hath inioyed the same 2 or 3
yeeres allready & hath still as long time in ye same as your suppliant
hath in his, who for soe much as Mr Swanston bought for 20li your
suppliant payd 60li./

That when your suppliant purchased his partes hee had noe certainty
therof more then for one yeere in the Globe, & there was a
chargeable suit then depending in the Court of Requestes
between Sir Mathew Brend knight & the Lessees of the Globe &
their assignes for the adding of nine yeeres to their lease in
consideration that they and their predecessors had formerly been at the Charge of 1400li in building of the sayd House vpon the burning downe of the former, wherin, if they should miscarry, for as yet they haue not the assurance perfected by Sir Mathew
Brend) [your suppliant shall lay out his money to such a losse, as
the petitioners will neuer bee partners with him therin.

That your suppliant & other the Lessees in ye Globe & in the black-
friers are chargeable with the payment of 100li yeerly Rent be-
sides Reparacions, which is dayly very chargeable vnto them, all
which they must pay and beare, whether they make any proffitt or
nott & soe reckoning their charge in building & fitting the sayd
Houses, yeerly Rent & Reparations, noe wise man will adventure
his Estate in such a course, considering their dealing, with whome
they haue to doe, & the many casualtyes & dayly troubles therwith.

That in all the affayres & dealinges in this world betweene man &
man it was & is euer held an inviolable principle, that in what
thing soeuer any man hath a lawfull interest & property Hee
is not to bee compelled to depart with the same against his will
which the complainantes endeauour.

And wheras Iohn Heminges the father of William Hemings of
whome your suppliant made purchase of the sayd partes inioyed the
same 30 yeeres without any molestacion beeing the most of

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the most of [dittography] the sayd yeeres both Player & Houskeeper, and after
Hee gaue ouer playing diuerse yeeres, & his sonne William Hemings
fower yeers after, though he never had any thing to doe with the
sayd Stage, inioyed the same without any trouble, notwithstanding
the complainantes would violently take from your petitioner the sayd partes who
hath still of his owne purse supplyed the company for the service
of his Maiesty with boyes as Thomas Pollard, Iohn Thompson deceased
(for whome Hee payd 40li) your suppliant hauing payd his part of 200li
for other boyes since his comming to ye Company, Iohn Honiman, Tho-
mas Holcome and diuerse others & at this time maintaines 3 more
for the sayd service. Neither lyeth it in ye power of your supliant to satisfie
the vnreasonable demandes of the complainantes, Hee beeing forced to make
ouer the sayd partes for security of moneys taken vp as aforesayd
of Robert Morecroft of Lincolne his wifes vncle for the purchase
of the sayd partes vntill hee hath made payment of the sayd moneys
which hee is not able to doe vnlesse Hee bee suffered to inioye
the sayd partes during the small time of his Lease & is like to bee
vndone if they are taken from him.

All which, beeing considered your suppliant hopeth that your Lordship will not inforce
your suppliant against his will to depart with what is his owne & what hee
hath deerly payd for vnto them that can claime noe lawfull interest
therunto  And your supliant (under your Lordships fauour) doth conceaue that
if the petitioners by those their violent courses may obtaine their desires
your Lordship will neuer bee at quiet for their dayly complaintes & it will bee such
a president to all young men that shall follow heerafter, that they shall
allwayes refuse to doe his Maiesty service, vnless they may haue whatsoeuer
they will though it bee other mens estates.  And soe that which they
pretend shall tend to the better gouuernment of the company & inabling
them to doe his Maiesty service, the same will bee rather to the
destruccion of the Company & disabling of them to doe service to his
Maiesty, And besides the benefitt & profitt which the petitioners doe yeerly
make without any charge at all, is soe good, that they may account
them selues to bee well recompenced for their labour & paines & yet
when any partes are to bee sold, they may buy the same, if they
can gett the bargaine therof paying for the same as others doe.

The humble suite of your suppliant is that your honor will be
pleased that hee may inioy that which hee hath deerly
bought & truly payd for, And your suppliant (as in duty hee
is bound) shall euer pray for your Lordship.

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To ye Right Honorable Philip Earle of Pembroke & Montgomery
Lord Chamberlaine of his Maiesties Houshold.

Right Honorable & our singular good Lord. Wee your humble suppliantes
Cutbert Burbage & Winifrid his Brothers wife & Wiilliam his sonne doe
tender to your honorable consideration for what respectes & good reasons
wee ought not in all charity to bee disabled of our liuelyhoodes by men
soe soone shott vp, since it hath beene the custome that they should
come to it by farre more antiquity and desert, then those can iustly
attribute to them selues.

And first humbly shewing to your honor the infinite Charges,
the manifold law suites, the leases expiration by the restraintes
in sicknes times & other accidentes that did cutt from them the
best part of the gaines that your honor is informed they haue re-
ceaued.

The father of vs Cutbert & Richard Burbage was the first builder of
Playhowses & was himselfe in his younger yeeres a Player. The
Theater hee built with many Hundred poundes taken vp at interest.
The Players that liued in those first times had onely the profitts
arising from the dores, but now the players receaue all the commings
in at the dores to them selues & halfe the Galleries from the
Houskeepers. Hee built this house vpon leased ground, by which
meanes the Landlord & Hee had a great suite in law & by his
death, the like troubles fell on vs, his sonnes; wee then bethought vs
of altering from thence, & at like expence built the Globe with more
summes of money taken vp at interest, which lay heauy on vs many
yeeres, & to our selues wee ioyned those deseruing men, Shakspere
Hemings, Condall, Philips and others partners in ye profittes of that
they call the House, but makeing the Leases for 21 yeares hath
beene the destruction of our selues & others, for they dyeing at the
expiration of 3 or 4 yeeres of their lease, the subsequent yeeres
became dissolued to strangers as by marrying with their widdowes
& the like by their Children.

Thus Right Honorable, as concerning the Globe, where wee our selues
are but Lessees. Now for the Blackfriers that is our inheritance, our
father purchased it at extreame rates & made it into a play house
with great charge & trouble, which after was leased out to one Euans
that first sett vp the Boyes comonly called the Queenes Maiesties
Children of the Chappell. In processe of time, the boyes growing
vp to bee men which were Vnderwood, Field, Ostler, & were taken
to strengthen the Kings service, & the more to strengthen the
service, the boyes dayly wearing out, it was considered that house
would bee as fitt for our selues, & soe purchased the lease remaining
from Evans with our money & placed men Players, which were
Hemings, Condall, Shakspeare &c. And Richard Burbage, who for
35 yeeres paines, cost, and Labour made meanes to leaue his
wife and Children, some estate (& out of whose estates, soe many

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of other Players and their families haue beene mayntained)
these new men that were neuer bred from Children in the
Kings service, would take away with Oathes & menaces that wee
shall bee forced, & that they will not thanke vs for it, soe that
it seemes they would not pay vs for what they would haue or wee
can spare, which, more to satisfie your honor then their threat-
ning pride, wee are for our selues willing to part with a part be-
tweene vs, they paying according as euer hath beene ye custome
& ye number of yeeres the lease is made for.

Then, to shew your Honor against these sayinges that wee eat the
fruit of their Labours. Wee referre it to your honors iudgement
to consider their profittes, which wee may safely maintaine, for it
appeareth by their owne Accomptes for one whole yeere last
past beginning from Whitson-Munday 1634 to Whitson Munday
1635 each of these complainants gained seuerally as hee was
a Player and noe Howskeeper 180li, Besides Mr Swanston hath
receaued from the Blackfriers this yeere as hee is there a
Houskeeper aboue 30li, all which beeing accompted together may
very well keepe him from starving.

Wherfore your honors most humble suppliantes intreates [sic] they may
not further bee trampled vpon then their estates can beare
seeing, how deerly it hath beene purchased by the infinite cost
& paynes of the family of the Burbages, & the great desert of
Richard Burbage for his quality of playing that his wife should not
sterue in hir old age, submitting our selues to part with one
part to them for valuable consideration & let them seeke further
satisfaccion else where (that is) of the Heires or assignes of Mr
Hemings & Mr Condall who had theirs of the blackfriers of vs
for nothing, it is onely wee that suffer continually.

Therefore humbly relyeing vpon your honorable Charity in discussing
their clamor against vs / wee shall, as wee are in duty bound,
still pray for the dayly increase of your honors health & happines.

[Left margin:] Iohn Shankes
A peticion of Iohn Shankes to my Lord Chamberlaine shewing that
according to his Lordships order hee did make a proposition to his fellowes
for satisfaccion vpon his assigening [sic] of his partes in ye seuerall houses
vnto them but they not onely refused to giue satisfaccion but restrain-
ed him from the Stage. that therfore his lordship would order them
to giue satisfaccion according to his propositions & computation.

[Left margin:] Memorandum all concerning | this & here entred | were deliuered, annexed
Answered (vizt) I desire Sir H. Herbert & Sir Iohn Finett & my solli-
citor Daniell Bedingfield to take this petition & the seuerall
papers heerunto annexed into their serious considerations
& to speake with the seuerall parties interested, & therupon, &
vpon the whole matter to sett downe a proportionable & equitable
summe of money to bee payd vnto Shankes for the two partes
which hee is to passe vnto Benfield, Swanston & Pollard
& to cause a finall agreement & convayances to bee settled accord-
ingly & to giue mee an account of their whole proceedinges
in writing./ Aug 1. 1635./