To Cuthbert Burbage such a state of affairs was intolerable, and on September 29, 1598, he made a new appeal to Alleyn. Alleyn proffered a lease already drawn up, but Cuthbert would not "accept thereof" because of the "very unreasonable covenants therein contained."[86]
Shortly after this fruitless interview, or late in 1598, Gyles Alleyn resolved to take advantage of the fact that Cuthbert Burbage had not removed the Theatre before the expiration of the first twenty-one years. He contended that since Cuthbert had "suffered the same there to continue till the expiration of the said term ... the right and interest of the said Theatre was both in law and conscience absolutely vested" now in himself; accordingly he planned "to pull down the same, and to convert the wood and timber thereof to some better use for the benefit" of himself.[87]
But, unfortunately for Alleyn, Cuthbert Burbage "got intelligence" of this purpose, and at once set himself to the task of saving his property. He and his brother Richard, the great actor, took into their confidence the chief members of the Lord Chamberlain's Company, then performing at the Curtain Playhouse, namely William Shakespeare, John Heminges, Augustine Phillips, Thomas Pope, and William Kempe. These men agreed to form with the Burbages a syndicate to finance the erection of a new playhouse. The two Burbages agreed to bear one-half the expense, including the timber and other materials of the old Theatre, and the five actors promised to supply the other half. Together they leased a suitable plot of land on the Bankside near Henslowe's Rose, the lease dating from December 25, 1598. These details having been arranged, it remained only for the Burbages to save their building from the covetousness of Alleyn.
On the night of December 28, 1598,[88] Alleyn being absent in the country, Cuthbert Burbage, his brother Richard, his friend William Smith, "of Waltham Cross, in the County of Hartford, gentleman," Peter Street, "cheefe carpenter," and twelve others described as "laborers such as wrought for wages," gathered at the Theatre and began to tear down the building. We learn that the widow of James Burbage "was there, and did see the doing thereof, and liked well of it";[89] and we may suspect that at some time during the day Shakespeare and the other actors were present as interested spectators.
The episode is thus vividly described by the indignant Gyles Allen:
The said Cuthbert Burbage, having intelligence of your subject's purpose herein, and unlawfully combining and confederating himself with the said Richard Burbage and one Peter Street, William Smith, and diverse other persons to the number of twelve, to your subject unknown, did about the eight and twentieth day of December, in the one and fortieth year of your highness reign, and sithence your highness last and general pardon, by the confederacy aforesaid, riotously assembled themselves together, and then and there armed themselves with diverse and many unlawful and offensive weapons, as namely swords, daggers, bills, axes, and such like, and so armed did then repair unto the said Theatre, and then and there armed as aforesaid, in very riotous, outrageous, and forceable manner, and contrary to the laws of your highness realm, attempted to pull down the said Theatre. Whereupon, diverse of your subjects, servants and farmers, then going about in peaceable manner to procure them to desist from that unlawful enterprise, they, the said riotous persons aforesaid, notwithstanding procured then therein with great violence, not only then and there forcibly and riotously resisting your subjects, servants, and farmers, but also then and there pulling, breaking, and throwing down the said Theatre in very outrageous, violent, and riotous sort.[90]
The workmen, under the expert direction of Peter Street, carried the timber and other materials of the old Theatre to the tract of land on the Bankside recently leased by the new syndicate—as Gyles Alleyn puts it, "did then also in most forcible and riotous manner take and carry away from thence all the wood and timber thereof unto the Bankside, in the Parish of St. Mary Overies, and there erected a new playhouse with the said timber and wood."
The playhouse thus erected was, of course, an entirely new structure. Nearly a quarter of a century had elapsed since James Burbage designed the old Theatre, during which time a great development had taken place both in histrionic art and in play writing; and, no doubt, many improvements were possible in the stage and in the auditorium to provide better facilities for the actors and greater comfort for the spectators. In designing such improvements the architect had the advice and help of the actors, including Shakespeare; and he succeeded in producing a playhouse that was a model of excellence. The name selected by the syndicate for their new building was "The Globe." For further details as to its construction, and for its subsequent history, the reader is referred to the [chapter] dealing with that building.
When Gyles Alleyn learned that the Burbages had demolished the Theatre and removed the timber to the Bankside, he was deeply incensed, not only at the loss of the building, but also, no doubt, at being completely outwitted. At once he instituted suit against Cuthbert Burbage; but he was so intemperate in his language and so reckless in his charges that he weakened his case. The suit dragged for a few years, was in part referred to Francis Bacon, and finally in the summer of 1601 was dismissed. Thus the history of the first London playhouse, which is chiefly the history of quarrels and litigation, came to a close.
It is not possible now to indicate exactly the stay of the different troupes at the Theatre; the evidence is scattered and incomplete, and the inferences to be drawn are often uncertain.