directed them to send for the owners of the Theatre and Curtain, and enjoin them to 'plucke downe quite the stages, gallories and roomes that are made for people to stand in, and so to deface the same as they maie not be ymploied agayne to suche use'.[1]
It is unlikely that the Theatre was ever opened again. It is certain that the Chamberlain's men had moved to the Curtain before the end of 1597, and the abandonment of the old house is referred to unmistakably enough in a satire published in 1598.[2] The explanation is to be found in the relations of the Burbadges to their ground landlord, Giles Allen. The following account is taken in the main from Cuthbert Burbadge's allegations in litigation of 1600. On 1 November 1585, shortly before the termination of the first ten years of the lease, James Burbadge, as he was entitled to do, presented Allen with a draft of a new twenty-one years' lease. This Allen evaded signing, apparently alleging that it was not in verbatim agreement with the old lease, and probably also that some of Burbadge's covenants under the old lease had remained unfulfilled.[3] By way of precaution, Burbadge thought it desirable to put on record in his account-book some evidence that he had spent the £200 in improving the tenements, upon which his right to remove the structure of the Theatre depended. He called in expert craftsmen, and took two 'views', one on 20 November 1585, another, after some further work had been done, on 18 July 1586. The first estimate was £220, the second £240. This last was later confirmed by a third view taken in connexion with the Brayne litigation in July 1591.[4] The money had been spent, partly on ordinary repairs, partly on converting the old barn into tenements, partly on putting up two new houses, one of which was for Burbadge's own occupation.[5] The matter of the new lease now slumbered until the expiration of the old one on 13 April 1597 drew near. In 1596 negotiations took place between landlord and tenant, and a compromise was mooted, by which the new lease was to be granted, but for an increased rent of £24 instead of £14. Allen afterwards asserted and Cuthbert Burbadge denied that there was a proviso that after five years the building should be converted to some other use
