STAC 5/A33/32

STAC 5/A33/32 - I D - 44 Eliz - London - Gyles Allen v Richard Lane et al

Transcribed by Helen Good

Interrogatories to be ministered to Richard Lane one of the defendants at the suit of Giles Allen complainant

1 Inprimis whether do you know that a Bill was heretofore exhibited in her Majesty’s Court of Requests by Cuthbert Burbage against the said Complainant for the staying of a suit which the said Complainant had commenced in her Majesty’s bench at Westminster against one Peter Street for the pulling down of the playing place called the Theatre.

2 Item whether do you know that it was ordered by the said Court of Requests by an order made the last day of May in the two and fortieth year of her Majesty’s reign that the said suit between the said Complainant and the said Peter Street should be stayed. And whether did the said court then give liberty by the said order unto the said Complainant to join up the Demurrer that was depending between the said Complainant and the said Peter Streete in the said suit or whether did the said the Court restrain the Complainant from so doing.

3 Item whether did you enter the said order truly in such manner as it was delivered by the Court and whether did you deliver a true copy thereof onto the Complainant not altering omitting anything that was then delivered and pronounced by the said court.

4 Item whether did you upon the said last day of May deliver unto the Complainant a copy of an Order dated the said last day of May and whether did you therein set down that it was ordered by consent that the Complainant should stay his further proceeding at the Common Law in the suit there depending against Cuthbert Burbage the plaintiff in the said Court of Requests and whether did you in the said copy make any mention that the Court had given liberty to the Complainant to join up the aforesaid Demurrer or that the Court had ordered that he should not join it up, or did you not altogether omit the same.

5. Item whether did not the now complainant come unto you the same last day of May in the afternoon and show you a note from his counsel testifying that the court had by their order given him liberty to join up the said Demurrer and whether did not the said complainant then desire you that the order might be so entered according as in truth it was delivered by the court the same day, and whether how do you received any order of the said last day of May between the now Complainant and the said Cuthbert Burbage under the hand of any of the Masters of the said Court of Requests before such time as the Complainant came onto you and required you to reform the copy which you had delivered him as aforesaid.

6 Item whether did you enter an order bearing date the said last day of May and therein amongst other things set down that the now Complainant should surcease and stay and no further prosecute or proceed in the said action depending at the Common Law, and should not cause the Demurrer aforesaid to be joined up or entered until the hearing of the cause in the said Court of Requests, and whether were you procured or moved by John Maddox the attorney of the said Cuthbert Burbage and Cuthbert Burbage or either of them to enter the same in such manner and what sum of money or other recompense did the said Cuthbert Burbage or any for him give onto you or any other to your use for making the said entry and for the copy thereof.

7 Item did you deliver unto the Complainant a copy of any such order as is mentioned in the next precedent Interrogatory, and when was any such copy first delivered by you unto the Complainant and whether did you give any knowledge unto the Complainant that the said Court had ordered that he should not join up the Demurrer aforesaid.

8 item whether do you know that upon the eleventh day of June in the two and fortieth year of her Majesty’s reign the said Cuthbert Burbage made oath in the said Court of Requests, that the now Complainant had caused the Demurrer aforesaid to be joined up, contrary to the order of the said Court, and whether did not the said Cuthbert Burbage thereupon in the vacation then following, procure a Pursuivant to be sent down into the Country for the Complainant, and whether was not the Complainant brought up to London by the said Pursuivant and carried before one of the Masters of the said Court of Requests, and then enforced to enter into a bond of two hundred pounds, to appear in that Court the first day of Michaelmas Term following, to answer the contempt, and also to stand to the order of that Court upon the hearing of the said cause, or otherwise to have been committed to prison.

9 Item whether did not the Complainant appear in the said Court according to his said bond and whether was it not then opened unto the Court and testified by the Complainant’s counsel that by the true order aforesaid made the said last day of May the Complainant had liberty given him by the said Court to join up the Demurrer aforesaid, and that the court was much abused, and the complainant much wronged by the practice of the said Cuthbert Burbage and the said Maddox and the Register in the behalf, and whether was not the Complainant there upon discharged of the said supposed contempt.

10 Item whether did not the counsel of the Complainant make a motion in the said Court of Requests after the hearing of the said cause between the said Complainant and the said Cuthbert Burbage to this effect That the said Cuthbert Burbage was no assign in law or equity unto James Burbage deceased late father to the said Cuthbert of the said Theatre, and therefore not able to maintain any Bill in his own name touching the same, and whether did not the counsel of the Complainant draw a case accordingly and put the same into the said Court by licence of the said Court.

11 Item whether was it not ordered by the said Court by an order dated the fifth day of November in the two and fortieth year of her Majesty’s reign upon the motion of the Complainant’s counsel that the Decree pronounced in the said cause between the Complainant, and the said Cuthbert Burbage should be stayed from signing until the case of aforesaid put in by the Complainant’s counsel touching the said cause should be further considered of by her Majesty’s counsel of the said Court.

The examination of Richard Lane

1 To the first interrogatory he saith he thinketh that there was heretofore a Bill exhibited in her Majesty's Court of Request by Cuthbert Burbage plaintiff against the now Complainant then Defendant for the stay of a suit which the now Complainant had commenced in her Majesty’s Bench at Westminster, concerning the Theatre and . . . this defendant refereth himself to the records of that Court.

2 To the second interrogatory he saith that to his remembrance it was ordered by the Court of Requests that the last of May in the two and fortieth year of her Majesty’s reign amongst other things in presence of Master Sergeant Harris and Master Walter being severally of counsel of both parties and by their consents that that the suit at the Common Law between Cuthbert Burbage, and Gyles Allen should be stayed, And that he this defendant being Deputy Register of that Court received an order subscribed by one of her Majesties Counsel in that Court to that effect to which order he refereth himself. And more saith not to this interrogatory.

3 To the third Interrogatory he saith that to this . . . best remembrance he this defendant took a note of the said order as it was pronounced and thereof received a true copy to the Complainant or some other on the Complainant’s behalf without adding or diminishing any . . . to or from the same

4 To the fourth interrogatory he saith that he this defendant delivered unto the Complainant or to some on his behalf a note of an Order dated the last of May (42 Eliz Regine) but whether the same was delivered the day of the date thereof or not this defendant doth not know But this defendant saith that it was set down in the same order as he remembereth that the said Complainant should stay his further proceedings at the Common Law in the suit depending against Cuthbert Burbage the Complainant in the said Court of Requests And as touching the joining up of the Demurrer in the Interrogatory mentioned this defendant doth not know that he made any mention in his note touching the same.

5 To the fifth interrogatory this defendant saith he doth not remember that upon the last day of May in the 42th year of her Majesty’s reign in the afternoon of the same day or at any other time that the said Allen did show unto this Defendant any note from his counsel testifying that the Court had by their said Order given him liberty to join up the said Demurrer . Neither doth this defendant remember that the Complainant so desired that the Order might be so entered, which if the said Complainant had yet nevertheless this defendant was to take no notice thereof from his counsel but to enter the same as it was pronounced by the Court and as it was confirmed under the hand of one of her Majesty’s Counsel of the same Court.

6 To the sixth Interrogatory he saith that there was an Order delivered into the office to be entered by John Maddox or some other on the behalf of the said Burbage dated the last of May subscribed by one of her Majesty’s counsel of the Court of Requests purporting the stay of the suit as in this Interrogatory is mentioned which he this defendant did afterwards cause to be entered into the Register according to his warrant. And as touching the receiving of any money or other recompense or promise of any from the said Burbage or Maddox or any in their behalf other than the ordinary fees due to the Register for the same, this defendant denyeth the receipt of any money or other consideration whatsoever.

7 To the seventh interrogatory he saith that after the receipt of the said order so subscribed as aforesaid it was lawful for this defendant to deliver copies to any person or persons that would require the same, but how many copies or to whom the same were delivered or when this defendant doth remember. Neither doth this defendant remember that he this defendant gave any notice to the plt otherwise than the order doth purport.

8 To the eighth Interrogatory he saith that as touching the [affuld?] in this interrogatory mentioned he referreth himself to the Book of Entries, And as to the rest of the Interrogatory he cannot … depose.

9 To the ninth interrogatory he saith that as touching the appearance of the said Allen he this defendant refereth himself to the Book of Appearances kept in that behalf, And as touching the discharge of the said Allen his contempts or some other motion made or order taken in the said cause this defendant refereth himself to the Book of Orders kept in that behalf.

10 To the tenth interrogatory he saith that he thinketh that there was motion made to the effect following viz that the said Cuthbert Burbage was no asignee in law or equity unto James Burbage deceased late father to the said Cuthbert Burbage of the Theatre and therefore not able to maintain any Bill in his own name touching the same there was a copy directed unto the said Court under the hand of [and] by the direction of her Majesty’s Counsel of the Court of Requests and saith that Master Sergeant Harris being of counsel with the said Allen which this defendant hath ready to show to this honourable Court.

11 To the eleventh interrogatory he saith that upon the 5th of November 42 Eliz Regine it was ordered by motion of the plaintif counsel that the Decree procured in the said cause between the said Complainant and the said Cuthbert Burbage should be stayed from signing till the case aforesaid were further considered of.