Witter v. Heminges and Condell: Shareholdings in the Globe: The replication of John Witter

[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), 64-74. As the original is somewhat deteriorated throughout, many readings are inferred rather than literatim.]

xo die Maij Anno Regni Regis Jacobi Anglie ffrancie et Hibernie xvijo et Scotie lijdo/ [May 10, 1619]

The Replicacion of John Wytter gentleman Complaynant to the ioynt and seaverall
Answeares of John Hemmynges and Henery Cundall gent

The said Complaynant haueinge to him nowe and at all tymes hearafter saued and allowed the benefitt of all exceptions and other advantages whatsoever to the incertaintie insufficiencie and imperfections of the said Answeares of the
same defendantes for Replicacion thereunto sayeth That his said Bill of Complainte against the same defendantes and either of them exhibited in this honorable Courte and all and everie the allegations matters thinges and clauses therein contayned are
good lawfull perfecte and sufficient in the lawe in such sorte manner and forme as in the sayde bill the same are and everie of them is sett forth declared and expressed. And that the matters therein contayned are not nor anie of them ys to be
iustlie avoyded dischardged or answered in this Courte by the said defendantes or either of them but are grounded upon good and iust cause of suite As by the contentes thereof and better shall hearafter appeare herein to this honorable Courte. And further he
the same Complaynante sayeth That the Answeares of the said defendantes are and either of them ys vncertaine imperfecte and insufficiente in the lawe to be replyed vnto, and likewise is most false and vntrue, And that the same Answeares are replenished
and stuffed full of idle imperfecte and frivolous matters incerted onelie to put the Complaynante to needelesse and vnnecessarie chardges for the Copie, And all the same he the said Complaynant will averr and prove as this honorable Courte shard [sic for should? shall?] award, And the said
Complaynante for further Replicacion sayeth and will aver and prove That the same defendantes or either of them haue not nor of late yeares had anie manner of right title or interest in or to the parte of the gallories of the play howse called the Globe, and of the [said]
gardens and premises in the bill mencioned by the said Complaynant claymed by reason whereof the yssues commodities and profitts thereof should haue byne and ^^yet ought to be still answered and payed to the said Complaynante by the said defendantes whoe haue vniustlie
and without anie lawfull cause [or] good collour of tytle receaued and taken the same of theire owne meere ^^wronge and apparante iniurie, and converte the same vndulie and wrongfullie to theire owne proper vse and behoffe beinge the principall and cheiffe staie and meanes of
maynetenance for the said Complaynante and his wyeffe and Children. And for asmuch as it as yt evidentlie appeareth by the answeares of the same defendantes, That the said Complaynante hath good interest and tytle to asmuch at the least (yf not more) as in
the said Bill he doeth demaund and clayme which was the parte of Augustine Phillippes deceased in the said bill named vnto him demised expresselie and by name amongest the rest by the said Nicholas Brend by his Indenture tripartite which came
vnto his said wyeffe lawfullie after his decease and from her likewise vnto the said Complaynante by her graunte and assignmente thereof vnto him which is not in any sorte answered or avoyded by the answeares of the said defendantes or of either of them
the said Complaynante doeth demaund the iudgemente and order of this honorable Courte for the same parte of their first moytie in the said Answeares mencioned wherevnto they the said defendantes neither doe nor can make anie good collour
or pretence of lawfull right or tytle in lawe. And as vnto another parte by this Complaynante claymed in the other moytie of all the said premises which the said defendantes in like manner doe confesse to haue byne first the said Phillippes and secondlie
the said Complaynantes wyves and thirdly ^^was this Complaynantes owne afterwardes, The said Complaynant sayeth and will averr and prove That he should and ought to haue the same alsoe both in lawe and equitie for he the said Complaynant at the
tyme of the makeinge of the said supposed release and longe after had and enioyed the same his said parte of the said other or later moytie of the premises without anie manner of lett disturbance denyall or claime of the said defendantes or either of
them or of anie other person or persons whatsoever. And the said defendant Hemmynges did after the tyme of the makeinge of the said supposed release accompte with the ^^said Complaynante for dyvers yeares togeather for his parte of the profittes thereof, [and]
did alsoe satisfie and pay him the same of right and duetie and not as he seemeth now falsely to pretend and meane by his said answeare of courtesie benevolence or gifte. And the said Complaynante also sayeth and will averr and prove that
the said Release neither did nor could dischardge or alinate from him his said parte nor extinguishe or avoyde his said interest or tytle therein or to anie parcell of the premises by anie manner of meanes, nor yet hath the same Release sufficiente
wordes therein for that purpose to bynde barr or tye this defendant in lawe. And yf there weare sufficiente wordes therein by lawe to barr the said Complaynante therein (as theire are not) yet he ought not nor should be bound or barred thereby in equitie or justice
for that there was not any valuable or sufficiente consideracion or any cause at all gyven to the said Complaynant or meaninge wherefore the same should passe or be transferred to the said defendant Hemmynges nor yet any word touchinge or concerninge the
same. whereby the conscience and charitie of the said defendant Hemmynges by him soe much amplified and sett out in and by his said Answeare may truelie appeare whoe would carrie and drawe awaye from the said Complaynante soe much yearely
revenewe and profitt whervpon he should alsoe lyve) for nothinge at all. And to satisfie this honorable Courte fullie for the matter of the Complaynantes release he further sayeth That theire was suite and controuersie at the tyme of the makeinge of
the Release supposed to be made by the Complaynant) and before betwene him and the said defendant Hemmynges in an Action of trespasse vpon the Case for wordes alledged to be spoken by the said Complaynante against the said defendant Hemmynges to his sceandall
or damage, to end and determyne which Action or suite the Release had or gotten from the said Complaynante was onelie made and obtayned and to noe other end or purpose. And that it may plainely appeare to this to this (dittography) honorable Courte theire was not anie intencion or
meaneinge by such Release as this Complaynant made to the said defendant Hemmynges to take away from him or to barr him of any interest right or tytle he had or did clayme or pretend to haue vnto the demised premises or any parte thereof the said Complaynante
sayeth that the same is manifest and cleare aswell by the same defendantes Answeare as by his lease to the said Complaynante made as alsoe by the letter and offer therein to him sent by the same defendant in the said Answeare mencioned and by his payment and satisfaction
for the said Complaynantes parte and porcion of the profittes and commodities of the demised premises had made and answered vnto him longe ^^after the tyme of the makeinge of the said supposed Release. And as vnto the entrie and tytle of the said Anne the Executrix into the
same premises the lawe doeth expresse and sett downe howe and in what manner and forme shee should and ought to haue the same parte which was to her devised and bequeathed if theire weare noe speciall and expresse kind of declaracion howe and in
what sorte shee claymed the same when shee entered therein and claymed the same at the tyme of her enterie, which will and must fall out to be verie cleare both in lawe and equitie on the said Complaynantes behalfe. And yet further to avoyde and take awaye
the doubte and scrupull which the said defendant maketh against her and the said Complaynante therein he sayeth that the Condicion or provisoe in the said will and in the said Answeare rehearsed whervpon the said defendant doeth incist ys not good nor availeble in our lawes nor
yet in the Ecclesiasticall lawes of this Realme, nor in the imperiall or Romane Civill lawes whereby noe woman is to be bound or tyed from lawfull marriadge nor to lose or forfaite any executorshipp legacie or other matter or thinge to her devised bequeathed gyven or appointed
as this case ys, for or by reason of mariadge. And yet yf the lawe weare otherwise and the said provisoe or Condicion good and of force in the lawe yet as this case ys) [sic] it cannot bynd or tye the said Complaynante or his right tytle or interest aforesaid nor yet benyfyt
or helpe the said defendant for asmuch as shee the said Anne the Executrix had first lawfullie and duelie proved the said will of her said former husband Phillipps and tooke vpon her the execution thereof whilest shee was his wydowe, and did alsoe afterwardes and before her
intermariadge with the Complaynante assigne and graunte the same vnto the said Complaynante (as shee well and lawfully might doe) before the said Condicion was broken and before the said defendant Hemmynges any thinge had or could haue or clayme therein. And
alsoe before he had the Executorshipp by him nowe claymed or anythinge to doe or intermedle for touchinge or concerning the premises or executorshipp aforesaid. Whereby when and after the same lease or parte of the said Anne Phillipps was duelie and lawfully to the
said Complaynante graunted or assigned by her the said Anne whilest shee was lawfull and sole executrix of the said testamente, the said defendant Hemmynges could not afterwardes drawe backe or regaine the same nor yet preiudice the said Complaynant therein nor clayme
the same by any good tytle or other meanes, nor yet was he or could he be any lawfull executor of the same will after shee had proved and accepted of the same neither could or might shee afterwardes when shee was maried relinquish the same and yeild it vpp vnto the said
defendant Hemmynges ^^{without the complainantes concent} or that the same adminis ^^{administration of the said deffendant} of the Complainant which was never soe had or made therevnto could be or was lawfullie committed to the said defendant Hemmynges of the said goodes and Chattells of the said Anne Phillippes as his executor which if it weare not soe yet the said defendant
Hemmynges doeth by his said answeare make the matter cleare and plaine against himself for the said Complaynant in his expressinge and recitall of the said provisoe or Condicion in the said will to be that if the said Anne should at any tyme marry after his decease that then and
from thencforth shee should cease to be any more or longer executrix of his said last will or any wayes intermedle with the same. And that then and from thenceforth the said defendant Hemmynges and the others therein nominated should be fullie and whollie his executors. Soe as it is very
evidente and certaine that the full and whole power and authoritie rested in her solie all the tyme of her wyddowehoode at the least, and that duringe ^^all the same time there could be none other executor nor any meanes or good coullor to alter voide or crosse her executorshipp
graunte or assignement or any other matter or acte shee did as executrix duringe all the time of her wydowehoode which alsoe should and ought to contynewe and remayne good and effectuall after her intermarriadge with the said Complaynant beinge formerlie well and duelie made
or executed. And for asmuch as the said defendant Hemmynges confesseth the haueinge in his handes and custodie aswell of the said release and the said deede whereby the said Augustine Phillipps had a fifth part of the moitie of the said play howse galleries gardens and groundes duringe
the said tearme of yeares yet induringe, And the said last will and testament of the said Augustin Phillippes As alsoe the said orriginall lease to him and others made by the said Nicholas Brend which lease the same defendant confesseth he keepeth to the vse of himself and
the rest which haue any interest therevnto (whereof the said Complaynant is one whoe neither did nor yet doeth consent therevnto) he humbly desireth that all the same may be brought into this Courte by the order thereof  And that a ducens tecum may be therein
awarded for the same accordinglie against him  And whereas the said defendantes doe labour and trouble themselues to abate and pull downe the value of the Complaynantes parte as yf it weare litle worth and make a greate matter of his non paymente of his porcion of the rente which he
never payed but out of the profittes of the same and of the newe buildinge of the said play howse and galleries to answeare the same fullie and to gyve good satisfaction to this honorable Courte therein he sayeth and will averr and proue that the yssues profittes and
rentes of the reasidewe of the said demised premises over and besides the play howse and galleries will satisfie and pay (as yt was still vsed and accustomed to paye) the whole rente reserved to the said Nicholas Brend. And for the full proofe and manifestacion
thereof he the sayed Complaynant sayeth that he doeth and will offer to accepte and take to himself solie for all his partes all the reasidewe of the howses buildinges gardens and groundes soe demised by the said Nicholas Brend (exceptinge onelie the said playhowse
and galleries which the said defendantes and the rest (other then the said Complaynant) shall and may solelie haue retaine and keepe to themseules for and in consideracion of the said residue, And that he the said Complainant will alsoe for the same satisfie and pay all the said yearely rentes reserved vpon the said
lease and geeve good securitie for the payment therof out of the same residewe, soe as he may haue and enioy the same without any other chardge or incumbrances according to the said lease of the said Brend notwithstandinge he is and ought to haue his parte aforesaid in all the same premises dischardged and freed of
incumbrances and chardges exceptinge the same rent thervpon reserved over and aboue which rent he the said Complainant: hath heartofore had and receaued de claro per annum ^^betweene thirtie and fourtie poundes and byn answered soe by handes of the said defendant Iohn Hemmynges for diuers and sundrie yeares for a seaventh parte onely when all the
said premises weare not of that yearely value by much as they now are. without that that the said Anne did not make the said Assignement of the said tearme of yeares and interest of and in the fifth parte of the said moitie to the said Complainant before theire intermariage as by the said defendant Hemminges is vntrulie suggested and
surmised  and without that that after theire said intermaringe the said Complainant claymed the same parte onelie or in the right ^^{of the sayd Anne} as executrix of the said Augustin Phillipps or if he had soe done that the same is materiall or that the said assignement made vnto the said Complainant was, is, or can be voyde in lawe, Or that by the said deede in the
answeare of the said defendant Heminges mencioned the said Auguistin Phillipps had onely a fifth parte of the moitie of the said play howse galleries gardens and groundes during the tearme of yeares thereby demised and yet induringe in manner and forme as in the said defendantes ^^answere is alleadged. And without that that the said Complainant had fourescore
powndes or any like or greate some at all out of the handes of the said defendant Heminges after that he had receaued the some of three hundred powndes of Sir Eusebeus Jsam, Or that the same defendant lawfully did or could enter into the said fifth parte of the said moytie of the said play howse galleries gardens and groundes or could lawfullie take
the rentes issues and profittes thereof, Or that well it was for him soe to doe in manner [and] forme as is alsoe in theire said answeare vntruly ^^is [sic] surmised  And without that that the said defendant in charitie and to releeue the said Complainant and the said Anne and her Children did from time to time diuers and many tymes or anie time at all deliver to them or to either of
them diuers sommes or anie some at all of mony as in the said Answeare is falselie and vntrulie alleadged. In thexpressinge wherof in and by the said answere the same defendant vseth a litle of his smale conning and craft (which cannot helpe him) not onelie in his alleadgeing it to be a greate some which is soe greate as he was and well might be ashamed or
abashed (yf anie shame at all he had) to expresse anie some at all, but alsoe in this pointe especially that he vnder the coullour of his accompting with him and paying the said Complainant and his said wyeffe such money as was often times to them or to one of them due and payable of right and dutie for theire profittes and commodities of the said demised premises
by by him then receaued which was soe payed and answered accordinglie and not otherwise then as a pigge of his owne sowe would newe Cloke and coullor the same (as he indeavoreth) to be by him done and gyven out of charitie and to releeue the said Complaynant and his said wyeffe and Children wherein
to make the dissimulation and hipocracie of the same defendant more notorious and remarkable it shall evidentlie appeare to this ^^honorable Courte that he is soe farr from all charitie and good dealinge that he will not without compulsion paie and satisfie the said Complainant soe much by a greate deale as is to him due and
answerable both in lawe and equitie, and for which he hath noe good coullor nor pretence of right or title vnto but would for verie little or rather noe consideracion at all take and gaine to himself a matter of ^^great profitt and worth and the onelie stor and staie which the said Complainant hath leafte to liue and ^^to releeue himself his wyeffe and Children
And that there is nothing at all to him payed or answered for or in respecte of the same wherein he mightilie (although in vaine) racketh and stretcheth his wyttes for verie Poore and simple shiftes quirkes and galles to coullor and sett forth the same as the said release without consideracion and the false recitall of his lease by him made and the
nonpayment of the said Complaynantes parte of the said rente, And alsoe the non payment of fiftie powndes for his parte to reedifie and newe build the said play howse and galleries, whereas the same defendant not onelie ever had more then sufficient of the said Complaynantes money to him due in the handes and custody
of the same defendant to paie the said rent but alsoe hath and longe time haue had farr more money of the said Complaynantes out of the rentes and profittes of the demised premises then he did demaund or requier for the newe buildinge therof or then his parte or porcion doeth or can amounte vnto for the reedifyinge
therof wherein he sayeth and is informed by his Councell learned in the lawes that he is not nor was tyed or bound by the lawe to contribute to the newe buildinge of the same which the said defendantes and some other of theire partners and fellowe players did in theire defaulte suffer to be burnte and consumed
willfullie or at the least verie negligently  And the said defendant Hemmynges hath adioyninge therevnto vpon the same ground and soile soe therewith demised and letten as is aforesaid a faire howse newe builded to his owne vse for which he payeth but twentie shillinges yearely in all at the most  And noe
parte of the same rent to the said Complaynant whoe should haue his said partes and porcions of and in the same howse which howse will in a fewe yeares yeild a greater some in rente then the newe buildinge of the said play howse and galleries did cost which is and will be more chardgeable
to repaire then the former was  And without that that the said Complaynant is or ought to be barred by the said release both in lawe and equytie or by either of them of anie of the said partes by him claymed or challenged in the said demised premises And as vnto the said letter and the lease in the said
answeare mencioned supposed to be made by the same defendant the said Complaynant sayeth that the same and the recitall therein alsoe and the forfaiture therof are idle and impertinent matters nothing materiall to him nor to the cause now in question And that the same lease was
invented procured and geven when the said Complaynant was pore and distressed by the said defendant to stoppe and with hould him from his said former estate tytle and lease which the same defendant would not departe with nor restore to the said Complainant after his repayment of the said fiftie powndes
with fiftie shillinges interest vpon the said mortgage but most vnconcionably inuriouslie and vnduelie detayned and with held from the said Complainant to drive him to take the said newe estate or last lease to prevent the same defendant wherein the said Complainant by the advise of his said
Councell was willinge and desireous to relinquish the same wherein alsoe the charitie and releefe of the said defendant wherof he bosteth and braggeth without cause severall times may alsoe appeare whoe would take advantage thereof or of anie thinge else he could without gyving
of anie recompence or consideracion to the said Complaynant for or in respecte of the same lease. And as vnto the same defendant his gifte of the said tearme of yeares and interest of and in the one moitie [of] the said parte of the said moitie of the said garden plottes and ground to the said other defendant
Henry Condall gratis the said Complaynant sayeth That the same is alsoe idle and frivelous matter wherein the said defendant Hemmynges sheweth howe liberall he could be of another mans goodes and lease and what lardge thounges he can cutt out of another manns hide which he would not haue
done of or for that which was his owne and did that but to haue helpe and assistance to ioyne with him to keepe out and wrounge the said Complaynante therein as was and is done to the benefitt of either of the same defendantes whoe would share and devide all that parte and
portion of the said Complaynante betweene them the said defendantes which for the said defendant Hemmynges (as the proverbe sayeth) is but a kind of robbinge, to robbe Peter to pay Paulle  And therefore finallie forasmuch as the same defendant Hemmynges is soe litle behoulden to his neighbours that
he is inforced to be the trumpeter and setter forth of his owne praises or commendacions and driven to magnifie and extolle himself and his virtues (which he soe much without all cause coveteth) to helpe the same, and to geve the said Complaynant and his frendes iust occasion soe to doe
and publishe his pyttie and Charitie vpon iust occasion, he sayeth that the said defendant Hemmynges may easilie procure the same by sufferinge the said Complaynant to haue soe much from him out of his parte and porcion of the said demised premises as he confesseth he hath geven
gratis to the said other defendant Coundall for which he shall not onelie haue verie many thankes and good reportes and that right worthelie and deservedlie but alsoe shall verie desirouslie be duelie payed yearelie thirteene powndes six shillinges and eight pence by the said Complainant
for the same and haue securitie and assurance for the performance and accomplishmente thereof, which because it is much more worth, he is well assured the said defendant Hemmynges will not either out of his pittie and charitie or out of his bountie and liberalitie or anie other of
his vertues (whereof he is soe much defective and insensible) accepte or take notwithstandinge anie charitable request and good offer that the said Complaynant can or will make, wherby and in the rest before herein recited the whole truth may evidently appeare, and
here like himself he the same defendant sheweth himself in his said Answere, and in the matter wherein with fallacies and decieptes he indevoreth and seeketh to shadowe and obscure the truth and to abuse this honorable Courte, of all which the said Complaynant prayeth
the due consideration of this honorable Courte  And lastly without that that anie other matter thinge clause sentence cause or article whatsoever materiall or effectuall contayned or mencioned in the said Answeares of the said defendantes or either of them, And by the said Complainant
to be replyed vnto and not herein before sufficientlie confessed and avoyded traversed and denyed or otherwise replyed vnto is true. All and everie which thinges matters and allegacions the said Complaynant is and wilbe readie to averr and prove as this honorable Courte shall award.
And prayeth as he before in his said bill hath prayed./
       (signed) Iohn Walshe