In the last month of the year 1600 the Fortune was opened to the public, meeting with bitter opposition from the City Authorities and the Puritanical section of the people. Notwithstanding all those obstacles, coupled with innumerable complaints, Henslowe and Allen, his son-in-law, steadily proceeded with their undertaking, being eventually rewarded for all the anxiety and persecution by the complete success of their new venture.

The documentary evidence in proof of the opposition they encountered has been preserved in a letter addressed by the Earl of Nottingham, the Lord Admiral: “To all and every of her Majesty’s Justices and other Ministers and Offices in the County of Middlesex requiring them to suffer his servant Edward Alleyn to proceed unmolested in the founding of his new playhouse near Redcross Street.” This letter does not seem to have produced the desired effect; thereupon, Allen caused a petition to be drawn up by the most influential inhabitants of Finsbury, in whose Lordship lay the site of the Fortune, beseeching the Lords of the Privy Council that the erection of the new house might be allowed to proceed, on the grounds that the site was conveniently chosen, so as to cause no annoyance, and that the projectors had promised a weekly allowance to the poor of the parish. Twenty-seven names were attached to this petition, which was engrossed on the first week in April, 1600.

On the 8th of April a warrant was issued on behalf of the Privy Council, and signed by the Earl of Nottingham, Lord Hunsdon, the Lord Chamberlain, and Robert Cecil, to the following effect: “To the Justices of Peace and the County of Middlesex, especially of St. Giles, without Cripplegate.” The document refers to the petition of the inhabitants, and adds that Allen’s choice of a site in Golden Lane is recommended by some of the Justices themselves.

Another item mentioned is that of an old theatre to be pulled down; this would lead one in inferring that when the new theatre was licensed that either the Rose or the Curtain would be demolished, and presumably promises were given to that effect. However, the said theatres continued their career for many years after these interdicts. Even after the warrant from the Privy Council certain parties were still clamouring for the reduction of the number of playhouses, as is evident by a letter from the Privy Council addressed to the Lord Mayor for the restraint of the immoderate use and company of playhouses and players.

In reading the Privy Council’s Bill of Complaint, one would conclude that the Lords of the Council played a double part, one in urging the restriction of the playhouses and actors, the other in protecting the same. The latter proceeds to state: “That there shall be about the City two houses and no more allowed to serve for the use of the common stage plays. And forasmuch as their Lordships have been informed by Edmund Tylney, esquire, her Majesty’s servant and Master of the Revels, that the house now in hand to be built by the said Edward Alleyn is not intended to increase the number of playhouses but to be instead of another, namely, the Curtain, which is either to be ruined and plucked down, or to be put to some other good use, as also that the situation thereof is meet and convenient for that purpose, it is likewise ordered that the said house of Alleyn shall be allowed to be one of the two houses, and namely for the house to be allowed in Middlesex for the company of players belonging to the Lord Admiral, so as the house called the Curtain be as it is pretended, either ruined or applied to some other good use, and for the other house allowed to be on the Surrey side, whereas their Lordships are pleased to permit to the company of players that shall play there to make their own choice which they will have of divers houses, that are there, choosing one of them and no more, and the said company of players being the servants of the Lord Chamberlain and that are to play these have made choice of the house called the Globe, it is ordered that the said house and none other shall be allowed there. And speedily it is forbidden that any stage plays shall be played as sometimes they have been in any common inn for public assembly in or near about the City. Further, it is ordered that the two several companies of players assigned unto the two houses allowed may play each of them in their several houses twice a week and no oftener, and specially they shall refrain to play on the Sabbath day upon pain of imprisonment and further penalty, and that they shall forbear altogether in the time of Lent and likewise at such times as of extraordinary sickness or infection of disease shall appear to be in or about the City.”

This document sums up the position of theatrical matters in the last year of the sixteenth century, and, frankly speaking, the outlook was not a particularly rosy one.

However, this order of the Council was quite a dead letter and need not have been written. Theatrical managers took no notice of these commands, and the threatened theatres remained undisturbed.

There must have been some reason why this order was disobeyed; many critics contend that the Lord Admiral and the Lord Chamberlain were desirous of creating a monopoly for their servants, others with more show of reason point out that the Privy Council tried to sugar over the feelings of the City Authorities by writing polite letters, but when the fatal moment arrived they refused the permission granted in the correspondence. Perhaps the Queen took a greater share in these transactions than is generally supposed by the historians of the theatre, protecting in her own person the poor player.

All these points are merely surmises; further documents may enable us to discover the true solution of this interesting enigma. Fortunately the contract for the building of this theatre is still in existence. The extreme importance attaching to this document warrants its transcription in full, respecting the chief items. The contract was made out on the 8th day of January, 1599, between Philip Henslowe and Edward Allen on one part and Peter Short, citizen and carpenter, of London, on the other, for the building and setting up a new House and stage for a playhouse in and upon a certain plot of ground near Goldinge Lane, in the parish of St. Giles, without Cripplegate. “The frame of the house to be set up square, and to continue 80 feet of lawful assize every way square, without and 55 feet of like assize square every way within, with a good, sure and strong foundation of piles, brick, lime and sand both without and within, to be wrought one foot of assize at the least above ground, and the said frame to contain three stories in height, the first a lower storey to contain twelve foot of lawful assize in height, the second storey eleven foot of lawful assize in height, and the third or upper storey nine foot. All which storeys shall contain twelve foot and a half of lawful assize in breadth throughout, besides a jutty forwards in either of the two upper storeys of ten inches, with four convenient divisions for gentlemen’s rooms and other sufficient and convenient divisions for twopenny rooms, with necessary seats to be placed and set as well in these rooms as throughout all the rest of the galleries, and with such like stairs, conveyances and divisions without and within, as are made and contrived in and to the late erected play house on the Bank, in the said parish of Saint Saviour’s, called the Globe, with a stage and tiring house to be made, erected and set up within the said frame, with a shadow or cover over the said stage, which stage shall be placed and set, as also the staircases of the said frame in such sort as is prefigured, in a plot thereon drawn, and which stage shall contain in length forty and three foot of lawful assize, and in breadth to extend to the middle of the yard of the said house, the same stage to be paled in below with good strong and sufficient new oaken boards, and likewise the lower storey of the said frame withinside, and the same lower storey to be also laid over and fenced with strong iron piles. And the said stage to be in all other proportions contrived and fashioned like unto the stage of the said Playhouse called the Globe, with convenient windows and lights glazed to the said tiring house. And the said frame, stage and staircases to be with tile, and to have sufficient gutter of lead, to carry and convey the water from the covering of the said stage to fall backwards, and also the said frame and the staircases thereof to be sufficiently enclosed without with lath, lime and hair. And the gentlemen’s rooms and twopenny rooms to be ceiled with lath, lime and hair, and all the floors of the said galleries, storeys and stage to be boarded with good and sufficient new deal boards of the whole thickness where need shall be. And the said house and other things before mentioned to be made and done, to be in all other contrivitions, conveyances, fashions, thing and things effected, finished and done according to the manner and fashion of the said house called the Globe, saving only that all the principle and main posts of the said frame and stage forward shall be square and wrought pilaster wise with carved proportions called Satyres, to be placed and set on the top of every of the same posts, and saving also that the said Peter Short shall not be charged with any manner of painting in or about the said frame house and stage or any part thereof nor rendering the walls within nor ceiling any more other rooms than the gentlemen’s rooms, twopenny rooms and stage before mentioned. That the said Philip Henslowe and Edward Allen will well and truly pay to the said Peter Short the full sum of four hundred and forty pounds (£440) of lawful money of England.”