Ostler v. Heminges

Ostler v. Heminges, a lawsuit regarding shares in the Globe and Blackfriars playhouses, is remarkable for two reasons. First, it preserves the texts, albeit in Latin translation, of the lost February 21, 1599 indenture for the Globe playhouse site, and the lost August 9, 1608 indenture for Blackfriars playhouse. Second, the case mentions William Shakespeare, a shareholder in both playhouses, by name seven times and reveals his prominence in his playing company by the fact that his name is generally listed first or second. The lawsuit discloses changes among shareholders over the intervening years, demonstrating Shakespeare’s continuing interest in his company’s lease-holds from February 21, 1599 to February 20, 1612.

William Ostler, who acquired shares in the playhouses in 1611, married John Heminges’s daughter, Thomasina. When Ostler died in 1614 Thomasina inherited his shares. Having attempted without success to secure those shares to her own use, Thomasina brought several suits against her father. Because this suit was brought in the court of King’s Bench, the document recording the suit is in Latin.

The lawsuit is long and complicated, as were the incidents leading up to it. After his death in 1608, William Sly’s one-seventh share reverted to the other shareholders who transferred the share to William Ostler in 1611.

The original indenture of the Globe, dated February 21, 1599, is cited at some length (translated into Latin), as is the original indenture of Blackfriars playhouse, dated August 9, 1608. The five shareholders of the second “moiety” or one-half of the Globe lease are identified as William Shakespeare, Augustine Phillips, Thomas Pope, John Heminges, and William Kemp. Apparently each shareholder of the second moiety was responsible for £5-14-4 yearly toward the combined annual rent of £40.

Events referenced in Ostler v. Heminges are as follows, in chronological order:

February 21, 1599: signing of tri-partite lease on Globe playhouse site
August 9, 1608: signing of lease on Blackfriars playhouse
August 18, 1608: William Sly buried
May 20, 1611: transfer of one seventh-part of Blackfriars playhouse to William Ostler
February 20, 1612: transfer of share in Globe playhouse site to William Ostler
December 22, 1614: probate of William Ostler’s will: Thomasina chief legatee (John Heminges overseer)
September 20, 1615: Thomasina submits first bill of complaint; John Heminges subpoenaed for October 14, 1615
September 26, 1615: Thomasina stays first bill of complaint
October 5, 1615: Thomasina requires John Heminges to pay her £600
October 6 to November 25, 1615: Thomasina submits second bill of complaint
January 23, 1616: Tuesday after the octave of Hillary; request for jury trial

William Shakespeare is named in connection with three of these events. He is listed first among the lessees of the second moiety on February 21, 1599 for the lease of the Globe playhouse site. He is listed second (after John Heminges) among lessees on August 9, 1608 of Blackfriars playhouse. He is listed second (after Basil Nicholl) among lessees on February 20, 1612 who transferred a share or shares to William Ostler.