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Imprimis doe yow knowe the plaintiffs Thomas Allen Master of Dulwich Colledge and Tobias Lisle the Defendant and how longe haue yow knowne them and either of them

Item did not yow about the yeare .1644 buy a share of the ffortune playhouse by the name of one Twelft part thereof of Thomas Barker late of London deceased and did not yow desire the Defendant Tobias Lisle that that party which dealt for the profit of thes two shares and a halfe which he was intrusted for the children of mistress Minshaw and Mr Cade should take vp the profitts of your share also and yow would pay them for their paines

Item did not yow receiue all the profitts when yow could get any either of mistress ffinney or of mistress Smith for fiue shares of the ffortune playhouse . and did not yow pay to Robert Banckes or vnto Arthur Minshaw (which was one of the children Tobias Lisle was intrusted [whi]ch for) the profitt of two shares and a halfe And to one Mr Iohnson a souldier the profitt of one share which was Mr Barkers And the profittes of halfe a share to Mr Iames Earle and the profittes of one share more to one Robert Grimes for the share of Thomas Grimes and haue not yow bin imployed to receiue all the rentes likewise since the Defendant Tobias Lisle hath had anything to doe there at the ffortune playhouse and are not these acquittances those which Mr Iohnson and Mr Earle gaue yow vpon the payment of moneyes vnto them ʌ⸢for the last profitts of the share and halfe share aforesaid⸣ and doe yow not beleeue the Defendant Lisle hath paid 100 li. more for repaires of the playhouse then ever hee receiued.

Item did not yow buy halfe a share of the ffortune playhouse about the yeare 1642. and did not yow desire that William ffinch which tooke vp the Defendant Lisles money should take vp yours also and yow would pay him for it

Item did not yow heare the Defendant Tobias Lisle complayne vnto Thomas Allen the now Master of Dulwich Colledge & one of the plaintiffs in this cause that the said Master did maintaine Mathew Smith to keepe possession of the said playhouse and that the said Smith did lett the said house to players and ffencers and Dancers on the rope vntill it woud bee pulled downe And the said Thomas Allen replyed the said Smith should doe so and that hee knewe a reason for it, and was not this complaint made as the said Allen came out of one Pitts his house nere the ffortune

Item did not yow and one Thomas Hoare stand by and were present when Mathias Allen the then master and Thomas Allen who was then Warden (and is now Master ) did agree with the Defendant Tobias Lisle that if the said Defendant Lisle would take two leases of two shares and a halfe of the ffortune playhouse in trust for Mary Minshaw and Susan Cade[s] vpon such condicions as they would putt into the same and would pay so much money as then was in arreare of rent, that the said Mathias and Thomas (if the said Defendant Tobias desired it) would pay the said Defendant Lisle his money which hee then payd ʌ⸢being 74 li. 1 s. 0. ob.⸣ and interest for the same, and whatever other charges and damages the said Lisle should sustaine at the end of ffour yeares (that they the said master and Warden[s] and the rest of that corporacion might by that meanes gaine the rest of their tenantes to pay their rents the better) And did not yow and Thomas Hoare subscribe your names to this agreement in the yeare 1619. and hath not the said Lisle demaunded the said money and leases to bee delivered back, and doth not the plaintiff Thomas Allen refuse to performe this agreement.

Item doe yow not know and remember that some 8 yeares since the said Thomas Allen (who is now Master and was then warden ) did come into the house being parte of the ffortune playhouse where yow then did dwell and forbid yow to pay any rent to any of the sharers of the house meaning this Defendant Tobias Lisle or any of the rest

Item was not Mathew Smith with yow and was sworne and allowed to bee [<.>] in fforma pauperis to answere a bill proferred against the said Defendant Tobias Lisle ʌ⸢Smith & other by the said plaintiffs⸣ and were not both yow and the said Smith & others served to answere to the said Bill and doe not the said plaintiffs in the said Bill stay proceding in the suit of Smith notwithstanding hee was served ʌ⸢with a subpena⸣ and did ʌ⸢not hee⸣ [answere] stand out in contempt vntill a writt of rebellion issued out against him for want of an answere And doe yow not know or haue credibly vnderstood that the said Smith by the order & appointment of the said plaintiffs haue [not] set and lett the aforesaid premisses called the ffortune playhouse & the appurtenances & taken the profittes of them and converted them to his & the plaintiffs or some of their & which of their vse

Item doe yow know that Mathew Smith by the order of the plaintiffes ⸢did⸣ keepe possession of the said house and premisses in question for the plaintiffs vse and did not yow heare the said Smith and his wife or one of them confess and acknowledge vnto yow after the said premisses were ruinated and pulled downe by the souldiers that the said plaintiffs did giue him or them or some of them and which of them order & direccion to keepe possession of the said premisses and to take and detaine in this custody the lead timber stuffe and other materialls then ⸢last⸣ in the said house and premisses in question and about what tyme was it that yow heard them the said Smith ⸢& his wife or either of them so speake and say.

Item did not the plaintiffs giue order to the tenantes of the said premisses in question to pay their rents to them and not to the said Defendant Tobyas Lisle or any other the Lessees of the said premisses and how long is it since the said plaintiffs did giue such order and direccion and did not yow heare Andrew Cage one of the tenantes of the said premisses confesse and acknowledge that the said plaintiffs had giuen him and the rest of the tenants order to pay their rentes vnto the said plaintiffs And haue not the plaintiffs receiued the same rents. and how long haue they so receiued them as yow know or haue credibly heard or beleeue and what induceth yow so to beleeue

Item what other matter or thinge doe yow know materiall or effectuall for or on the Defendantes behalfe in this cause.

Footnotes

  • [whi]ch: superscript ch presumably intended for deletion
  • Cage: perhaps for Caine