Edward Kirkman sues Henry Evans and his associates in Chancery court over profits from the Blackfriars he claims are owed him. Henry Evans submits his answer to Kirkham's charge. He agrees with the particulars regarding the original lease from Burbage and Heminges, and the contract with Kirkham, Rastell and Kendall to split the lease and its profits. Evans notes Kirkham's previous suit against him, which was dismissed in King's Bench. Evans denies any understanding that Hawkins' share of the lease was held in trust for Kirkham and his associates, but asserts instead that their share depended on fulfilling obligations which they failed to meet. He also denies that his wife secretly and maliciously delivered the lease to Burbage and Heminges. Evans' testimony agrees with Burbage and Heminges', ie, that the contract with Kirkham and his associates was valid only insofar as the Blackfriars property was in use as a playhouse. Once the playhouse was shut down by royal command, any agreements between the two parties were effectively void, as Kirkham then backed away fom his obligations: 'the compl[ainan]t and this defend[an]t by his Ma[jes]ties speciall commaundement being prohibited to vse any plaies there, and some of the boyes being committed to prison by order from his highness, and so no proffitt made of the said howse but a contynuall rent of ffortie powndes to be paid for the same, that the same made the compl[ainan]t willing voluntarily to forgoe the same howse.' At this point, Kirkham had the playhouse costumes and properties appraised and sold, dividing the profits between himself and his associates, and Evans and Hawkins, thereby -- from Evans perspective -- satisfying the terms of their agreement. Evans then surrendered the original lease to Burbage, who cancelled the obligation. Evans has received not profits from the playhouse since then.
| Name | Event Role(s) | Document Role(s) |
|---|---|---|
| Napper, ––– | court recorder | |
| Evans, Henry | defendant | |
| Burbage, Richard | defendant | |
| Fleming, Thomas | lord chief justice | |
| Kirkham, Edward | plaintiff |