money on mortgage, it should be a joint mortgage, and its redemption would then come in as the first claim on the rents and profits. Burbadge gave Brayne a further bond of £200 for the keeping of this award.[1] On 26 September 1579 a mortgage was in fact entered into for a loan of £125 from John Hyde, grocer, to be repaid in a year. The amount, however, was not forthcoming, and although Hyde made an arrangement to take £5 a week out of the profits, he only got it for four or five weeks. In June 1582 he arrested Burbadge and got £20 out of him. Shortly afterwards he claimed forfeiture of the lease, and as Burbadge warned him that Brayne 'wold catch what he cold', appointed one of his own servants with Burbadge 'to gather vp v^{li} wekely during the tyme of playes'. In this way he got back another £20 or £30. There was, however, still at least £30 outstanding when Brayne died in August 1586.[2] His widow Margaret claimed a moiety of the interest under the lease as his heir. At first, we hear, Burbadge allowed her 'half of the profittes of the gallaries', but only so long as she could lay out money 'to the necessary vse of the said playe howsse', and when she had so spent £30, he said that he must take all the profits until the debts were paid, made her gather as a servant, and finally thrust her out altogether.[3] Meanwhile Hyde was getting impatient for his money. He had promised Mrs. Brayne that, if he were satisfied, he would reassure the lease to her and Burbadge jointly, but not to either party separately. But now he said that he must convey it to whichever would pay him first, and being approached through Walter Cope, the master of Burbadge's son Cuthbert, he did in fact, on some promise that Mrs. Brayne should not be wronged, take his £30 and make over the lease to Cuthbert Burbadge on 7 June 1589.[4] Henceforward Cuthbert, and not his father, was the ostensible tenant of the property. This transaction stimulated Mrs. Brayne to assert her claims. About a year before the Burbadges had brought an action against her in Chancery, apparently in the hope of enforcing the alleged promise of Brayne to leave his interest to his sister's children; and she now retorted with a counteraction against James and Cuthbert, in which she claimed to have an assignment of a moiety of the lease.[5] Her chief
- ↑ Wallace, 73 (Bett), 102, 119 (Ralph Miles), 137 (Collins), 143 (Robert Miles), 152 (Nicoll), 157.
- ↑ Ibid. 53, 107, 111 (Hyde), 73 (Bett), 143 (Robert Miles), 103, 120 (Ralph Miles). Brayne's will was proved 10 Aug. 1586 (Wallace, 14).
- ↑ Ibid. 104 (Ralph Miles), 146 (Robert Miles).
- ↑ Ibid. 16, 55, 108 (Hyde), 73 (Bett), 145 (Miles).
- ↑ Ibid. 46.
