the part of Burbage, whereupon "Burbage did there strike him with his
fist, and so they went together by the ears, in so much," says the
notary, "that this deponent could hardly part them." After they were
parted, they signed a bond of L200 to abide by the decision of the
arbitrators. The arbitrators, John Hill and Richard Turnor, "men of
great honesty and credit," held their sessions "in the Temple church,"
whither they summoned witnesses. Finally, on July 12, 1578, after
"having thoroughly heard" both sides, they awarded that the profits
from the Theatre should be used first to pay the debts upon the
building, then to pay Brayne the money he had expended in excess of
Burbage, and thereafter to be shared "in divident equally between
them."[72] These conditions, however, were not observed, and the
failure to observe them led to much subsequent discord.

[Footnote 71: Wallace, _op. cit._, pp. 142, 148.]

[Footnote 72: For the history of this quarrel, and for other details
of the award see Wallace, _op. cit._, pp. 102, 119, 138, 142, 143,
148, 152.]

The arbitrators also decided that "if occasion should move them
[Burbage and Brayne] to borrow any sum of money for the payment of
their debts owing for any necessary use and thing concerning the said
Theatre, that then the said James Burbage and the said John Brayne
should _join_ in pawning or mortgageing of their estate and interest
of and in the same."[73] An occasion for borrowing money soon arose.
So on September 26, 1579, the two partners mortgaged the Theatre to
John Hide for the sum of L125 8_s._ 11_d._ At the end of a year, by
non-payment, they forfeited the mortgage, and the legal title to the
property passed to Hide. It seems, however, that because of some
special clause in the mortgage Hide was unable to expel Burbage and
Brayne, or to dispose of the property to others. Hence he took no
steps to seize the Theatre; but he constantly annoyed the occupants by
arrest and otherwise. This unfortunate transference of the title to
Hide was the cause of serious quarreling between the Burbages and the
Braynes, and finally led to much litigation.

[Footnote 73: Wallace, _op. cit._, p. 103.]

In 1582 a more immediate disaster threatened the owners of the
Theatre. One Edmund Peckham laid claim to the land on which the
playhouse had been built, and brought suit against Alleyn for
recovery. More than that, Peckham tried to take actual possession of
the playhouse, so that