Leslie Hotson provides a more detailed outline, with documentary evidence, for the continuation of the game at the Bear Garden under Thomas Godfrey's management beyond the closing of the public playhouses by order of parliament in 1642; see 'Bear Gardens and Bear-Baiting,' pp 276–88. Only a select number of post-1642 records are included in this appendix, starting with the earliest, published in 1643, a complaint by London actors that only plays were singled out for prohibition rather than other entertainments like bearbaiting.
The Actors Remonstrance is followed next by a parliamentary survey of the bishop of Winchester's lands in the liberty of the Clink made in 1647 and showing Thomas Godfrey still in residence at the Bear Garden. Winchester Palace had been turned into a prison after 1642 and the Clink liberty itself was sold to Thomas Walker of Southwark in 1649. The survey includes a reference and valuation of the Bear Garden property, one of the tenements then sub-leased by Thomas Godfrey. See further VCH: Surrey, vol 4, pp 141–51, British History Online https://www.british-history.ac.uk/vch/surrey/vol4/pp141-151, accessed 23 December 2022.
Life as deputy keeper and tenant of the Bear Garden was not easy for Thomas Godfrey, as his Chancery Court pleading in 1652 reveals. In 1642 Thomas Davies, one of the masters of the Bears, Bulls, and Mastiff Dogs, attempted to suppress Godfrey's bearbaiting enterprise and withdraw the lease of the Bear Garden. The subsequent order of the council of state, on 5 May 1653, to suppress bearbaiting and prize fencing marks the begin of the end for the Bear Garden, which was demolished by February 1655/6. See further the Introduction: History of Entertainment.
The final record, a 1664 dispute over the lease of the old Bear Garden site, is included here for its detailing of the dimensions of the property.
sigs A2–A4 verso
The Actors
Remonstrance or Com-
plaint, for the silencing of their Profession,
and banishment from their severall
PLAY-HOUSES.
OPpressed with many calamities, and languishing to death under the burthen of a long and (for ought wee know) an everlasting restraint, we the Comedians, Tragedians and Actors of all sorts and sizes belonging to the famous private and publike Houses within the City of London and the Suburbs thereof, to you great Phoebus, and you sacred Sisters, the sole Patronesses of our distressed Calling, doe we in all humility present this our humble and lamentable complaint, by whose intercession to those powers who confined us to silence, wee hope to be restored to our pristine honour and imployment.
First, it is not unknowne to all the audience that have frequented the private Houses of Black-Friers, the Cock-Pit and Salisbury-Court, without austerity, wee have purged our Stages from all obscene and scurrilous jests; such as might either be guilty of corrupting the manners, or defaming the persons of any men of note in the City or Kingdome; that| wee have endevoured, as much as in us lies, to instruct one another in the true and genuine Art of acting, to represse bawling and railing, formerly in great request, and for to suite our language and action to the more gentile and naturall garbe of the times; that we have left off for our owne parts, and so have commanded our servants, to forget that ancient custome, which formerly rendred men of our quality infamous, namely, the inveigling in young Gentlemen, Merchants Factors, and Prentizes to spend their patrimonies and Masters estates upon us and our Harlots in Tavernes; we have cleane and quite given over the borrowing money at first sight of punie gallants, or praising their swords, belts and beavers, so to invite them to bestow them upon us; and to our praise be it spoken, we were for the most part very well reformed, few of us keeping, or being rather kept by our Mistresses, betooke our selves wholy to our wives; observing the matrimoniall vow of chastity, yet for all these conformities and reformations, wee were by authority (to which wee in all humility submit) restrained from the practice of our Profession; that Profession which had before maintained us in comely and convenient Equipage; some of us by it meerely being inabled to keepe Horses (though not Whores) is now condemned to a perpetuall, at least a very long temporary silence, and wee left to live upon our shifts, or the expence of our former gettings, to the great impoverishment and utter undoing of our selves, wives, children, and dependants; besides which, is of all other our extremest grievance, that Playes being put downe under the name of publike recreations; other publike recreations of farre more harmfull consequence permitted, still to stand in statu quo prius, namely, that Nurse of barbarisme and beastlinesse, the Beare-Garden, whereupon their usuall dayes, those Demy-Monsters, are baited by bandogs, the Gentlemen of Stave and Taile, namely, boystrous Butchers, cutting Coblers, hard-handed Masons, and the like, rioting companions, resorting thither with as much freedome as formerly, ma-|king with their sweat and crowding, a farre worse stinck than the ill formed Beasts they persecute with their dogs and whips, Pick-pockets, which in an age are not heard of in any of our Houses, repairing thither, and other disturbers of the publike peace, which dare not be seen in our civill and well-governed Theatres, where none use to come but the best of the Nobility and Gentry; and though some have taxed our Houses unjustly for being the receptacles of Harlots, the exchanges where they meet and make their bargaines with their franck chapmen of the Country and City, yet we may justly excuse our selves of either knowledge or consent in these lewd practices, we having no propheticke soules to know womens honesty by instinct, nor commission to examine them; and if we had, worthy were these wretches of Bridewell, that out of their owne mouthes would convince themselves of lasciviousnesse: Puppit-plays, which are not so much valuable as the very musique betweene each Act at ours, are still up with uncontrolled allowance, witnesse the famous motion of Bell and the Dragon, so frequently visited at Holbourne-bridge; these passed Christmas Holidayes, whither Citizens of all sorts repaire with far more detriment to themselves then ever did to Playes, Comedies and Tragedies being the lively representations of mens actions, in which, vice is alwayes sharply glanced at, and punished, and vertue rewarded and encouraged; the most exact and naturall eloquence of our English language expressed and daily amplified; and yet for all this, we suffer, and are inforced, our selves and our dependants, to tender our complaint in dolefull manner to you great Phoebus, and you inspired Heliconian Virgins: First, our House-keepers, that grew wealthy by our endevours, complaine that they are enforced to pay the grand Land-lords rents, during this long Vacation, out of their former gettings; in stead of ten, twenty, nay, thirty shillings shares, which used nightly to adorne and comfort with their harmonious musique, their large and well-stuffed pockets, they have shares in nothing| with us now but our mis-fortunes; living meerly out of the stock, out of the interest and principall of their former gotten moneyes, which daily is exhausted by the maintenance of themselves and families.
For our selves, such as were sharers, are so impoverished, that were it not for some slender helps afforded us in this time of calamitie, by our former providence, we might be enforced to act our Tragedies: our Hired-men are disperst, some turned Souldiers and Trumpetters, others destin'd to meaner courses, or depending upon us, whom in courtesie wee cannot see want, for old acquaintance sakes. Their friends, young Gentlemen, that used to feast and frolick with them at Tavernes, having either quitted the kin in these times of distraction, or their money having quitted them, they are ashamed to look upon their old expensive friends. Nay, their verie Mistresses, those Buxsome and Bountifull Lasses, that usually were enamoured on the persons of the younger sort of Actors, for the good cloaths they wore upon the stage, beleeving them really to be the persons they did only represent, and quite out of sorts themselves, and so disabled for supplying their poore friends necessities. Our Fooles, who had wont to allure and excite laughter with their very countenances, at their first appearance on the stage (hard shifts are better than none) are enforced, some of them at least to maintaine themselves, by vertue of their bables. Our boyes, ere wee shall have libertie to act againe, will be growne out of use like crackt organ-pipes, and have faces as old as our flags.
Nay, our very Doore-keepers, men and women, most grievously complaine, that by this cessation they are robbed of the priviledge of stealing from of us with licence: they cannot now, as in King Agamemnons dayes, seeme to scratch their heads where they itch not, and drop shillings and half Crowne-pieces in at their collars. Our Musicke that was held so delectable and precious, that they scorned to come to a Taverne under twentie shillings salary for two houres, now| wander with their Instruments under their cloaks, I meane such as have any, into all houses of good fellowship, saluting every roome where there is company, with Will you have any musike Gentlemen? For our Tire-men, and others that belonged formerly to our ward-robe, with the rest, they are out of service: our stock of cloaths, such as are not in tribulation for the generall use, being a sacrifice to moths. The Tobacco- men, that used to walk up and downe, selling for a penny pipe, that which was not worth twelve-pence an horse-load; Being now bound under Tapsters in Inns and Tippling houses. Nay such a terrible distresse and dissolution hath befallen us, and all those that had dependance on the stage, that it hath quite unmade our hopes of future recoverie. For some of our ablest ordinarie Poets, in stead of their annuall stipends and beneficiall second-dayes, being for meere necessitie compelled to get a living by writing contemptible penny-pamphlets in which they have not so much as poetical licence to use any attribute of their profession; but that of Quid libet audendi? and faining miraculous stories, and relations of unheard of battels. Nay, it is to be feared, that shortly some of them; (if they have not been enforced to do it already) will be encited to enter themselves into Martin Parkers societie, and write ballads. And what a shame this is, great Phoebus, and you sacred Sisters; for your owne Priests thus to be degraded of their ancient dignities. Be your selves righteous Judges, when those who formerly have sung with such elegance the acts of Kings and Potentates, charming like Orpheus the dull and brutish multitude, scarce a degree above stones and forrests into admiration, though not into understanding with their divine raptures, shall be by that tyrant Necessitie reduced to such abject exigents, wandring like grand children of old Erra Paters, those learned Almanack-makers, without any Mæcenas to cherish their loftie conceptions, prostituted by the mis-fortune of our silence, to inexplicable miseries, having no heavenly Castalian Sack to actuate and informe their spirits almost| confounded with stupiditie and coldnesse, by their frequent drinking (and glad too they gan get it) of fulsome Ale, and hereticall Beere, as their usuall beverage.
To conclude, this our humble complaint great Phoebus, and you nine sacred Sisters, the Patronesses of Wit, and Protectresses of us poore disrespected Comedians, if for the present, by your powerfull intercessions we may be re-invested in our former Houses, and setled in our former Calling, we shall for the future promise, never to admit into our six-penny-roomes those unwholesome inticing Harlots, that sit there meerely to be taken up by Prentizes or Lawyers Clerks; nor any female of what degree soever, except they come lawfully with their husbands, or neere allies: the abuses in Tobacco shall be reformed, none vended, not so much as in three-penny galleries, unlesse of the pure Spanish leafe. For ribaldry, or any such paltry stuffe, as may scandall the pious, and provoke the wicked to loosenesse, we will utterly expell it with the bawdy and ungracious Poets, the authors to the Antiodes. Finally, we shall hereafter so demeane our selves as none shall esteeme us of the ungodly, or have cause to repine at our action or interludes: we will not entertaine any Comedian that shall speake his part in a tone, as if hee did it in derision of some of the pious, but reforme all our disorders, and amend all our amisses, so prosper us Phoebus and the nine Muses, and be propitious to this our complaint
F I N I S.
For Martin Parker, the 'most distinguished of professional ballad-writers' of the Caroline period and a royalist sympathizer; see further Hyder E. Rollins, 'Martin Parker, Ballad-Monger,' Modern Philology, 16.9 (1919), 449-74 and Joad Raymond, 'Parker, Martin (fl. 1624–1647), ballad writer,' ODNB, accessed 22 December 2022.
Record title: The Actors Remonstrance
Publication: Wing
Publication number: A453
The anonymous complaint by actors protesting the closure of the public playhouses in London on 2 September 1642 by parliament was published a year later. See A Declaration of The Lords and Commons Assembled in Parliament For the appeasing and quietting of all unlawfull Tumults and Insurrections... Also an Ordinance of both Houses, for the suppressing of Stage-Playes (London, 1642; Wing: E1411). For discussion of the petition's nuanced position in contemporary conversations about entertainment reform see Karen Beushausen, Theatre and the English Public from Reformation to Revolution (Cambridge, 2018), 213–17.
THE | ACTORS | REMONSTRANCE, | OR | COMPLAINT: | FOR | The silencing of their profession, and ba- | nishment from their severall Play- houses. | In which is fully set downe their grievan- | ces, for their restraint; especially since Stage- | playes, only of all publike recreations are pro- | hibited; the exercise at the Beares | Colledge, and the motions of Pup- | pets being still in force | and vigour. | As it was presented in the names and behalfes | of all our London Comedians to the great God PHOEBUS- | APOLLO, and the nine Heliconian Sisters, on the top of | PERNASSUS, by one of the Masters of Re- | quests to the MUSES, for this | present month. | And published by their command in print by the Typo- | graph Royall of the Castalian Province. 1643. | LONDON, Printed for EDW. NICKSON. | Ianuar. 24. 1643. Wing: A453.
sheet 12 (31 July)
Richard Late Bishop of Winchester by Lease dated ye 25th of ffebruary 1631 de<...> Thomas Lardge certaine Capitall Messuages or Tenementes with their appurtenan<...> called or knowne by ye names of the Barge the Bell and the Cocke sett lying<...> vpon the Banke called the Stewes in ye parish of St Saviours in Southwa<...> buttinge and lyinge against the kings highway next to the Thames on th<...> and a Tenement called the Ros on the East, and a Tenement some tyme the L<...> on the West and Maydenlane on the South Together with all small hous<...> and wharfes with their appurtenances and all the proffitts and Comodities therto belong<...> Habend' from ye makinge of ye Lease for 21 yeares Reddendo per annum xx s at Mich<...> and Lady day which Lease was confirmed by ye Deane and Chapter of Wincheste<.> the sixth day of March 1631 and is since come to the hands of Iohn Archer gentleman Executor of the Last will and Testament of the said Thomas Lardge.
The said premisses are now divided into divers severall Tenements and are in the possession of ye severall partyes herafter named videlicet:
One Messuage or Tenement now called and vsed for the Beare Garden with
the Beare house and other the appurtenances in ye
occupacion of Thomas |
40 li. 00 s. 0 d. |
...
Some loss of text for seven lines at upper right corner is indicated by <...> in transcript.
The will of Thomas Lardge, ironmonger of Camberwell, Surrey, dated 19 June 1640, is now at TNA: PROB/183/366.
Record title: Parliamentary Survey of the Bishop's Manor in Southwark
Repository:
HRO
Shelfmark: 11M59/A1/2/14
Repository location: Winchester
This survey of the bishop of Winchester's lands in the Clink liberty includes a reference and valuation of the Bear Garden property, one of the tenements then sub-leased by Thomas Godfrey, the deputy keeper of the game for Bears, Bulls, and Mastiff Dogs.
31 July 1647; paper; English; 12 leaves; 300mm x 380mm; contemporary ink numbering; written one side only; some leaves fragmentary, with loss of text at right edge; originally tied at the top (first sheet loose from stitching). Stored within an older buff-coloured board folder within a modern blue cardboard folder with two other related items from the same period.
single membrane (1 December) (Bill of Complaint)
The firste day of december 1652
To the right honorable the Lordes Commissioners for the greate Seale of England/
(signed) Smythes
Humbly Complayneing sheweth to your honour your
daylie Oratour Thomas
Godfrey of the parish of St Savyours
Southwarke in the County of
Surry gentleman That
whereas aboute the xiiijth yeare of the Late Kinge
Charles your Oratour being for a
Longe tyme before that tyme deputie in the Roome or Office of Cheife Master Overseer and Ruler
over all and singuler the Games Pastymes and Sportes of the Late
Kinge his heires and Successors. that is to say of all and singuler the Beares
Bulls and Mastiffes of the said Late Kinge his heires and successors
and in the Office of Cheife keeper and Ruler of the Bandoggs
Mast<.>ff doggs Mastiff Bitches of the
said Late Kinge vnder those who had Letters pattentes from the said
Late King or his Predecessors for the Roome and Office of the cheife Master and
Overseer and Ruler of all and singuler the sports games and Pastymes aforesaid/
Aboute the moneth of ffebruary in the xiiijth
yeare of the said Late king Charles
your Oratour vnderstanding that one Thomas Davies and Thomas Manley gentlemen had procured
Letters Pattentes from the said Late Kinge Charles for Lives or yeares
of the Roome or office of Cheife Master and Overseer and Ruler of all and
singuler the Games Pastymes & sportes aforesaid, speech and
Communicacion was then had Betweene the said Thomas Davyes &
your Oratour for your Oratour to be theire
Deputie in theire Roome or office aforesaid And your Oratour
further sheweth that aboute the tyme aforesaid, it was agreed by and Betweene
the said Thomas Davies for & on the behalfe of him ‸⸢&⸣ of the said Thomas Manley that your said
Oratour should be theire deputie in the said Roome or office
of cheife Master Overseer and Ruler of all and singuler the Games pastymes and
sportes of the said Late Kinge his heires and successors That is to
say of all and singuler the Beares Bulls and Mastiffes of the said Late
Kinge his heires & successors and in the office of cheife master &
keeper of the Bandoggs Mastiff doggs and Mastiff bitches And
accordinglie they made ‸⸢a⸣ deputacion
of‸⸢to⸣ your Oratour of
the same and for him your said Oratour to hold the same from
yeare to yeare at there Will & pleasure your Oratour
haueing noe certaine terme or number of yeares of the same from them or either
of them And it was at the same tyme agreed betweene the said Thomas Davies for
and on the behalfe of himselfe & the said Thomas Manley and your
Oratour That your Oratour should pay the
somme of 40 li. yearelie by quarterlie paymentes to
them the said Thomas Davies and Thomas Manley and that in Consideracion
thereof your Oratour should haue as full power &
authoritie to act and doe in the said office as they or either of them had by
vertue of theire Letters Pattentes from the said Late Kinge And hee the
said Thomas Davies Lefte and deposites the said Letters Pattentes in
the handes and Custodie of your Oratour to ympower
him to Act in the said Office and for prevencion of Disorder
and Cumbustions & tumultes and quarrells that might arrise by
reason of the said Pastyme sport
& recreacion in baiteing of the said Beares and Bulls
And your Oratour further sheweth vnto your
honores that hee constantlie paid vnto the said Thomas Davies the
said yearelie rent of 40 li. per Annum according as it grewe
due & payable by vertue of the aforesaid agreement vntil
about the yeare of our Lord 1642 aboute which tyme the Late
Wars increasing in this Common Wealth the said Thomas Davies
(which was the person that your Oratour
always treated with) came vnto your Oratour and
forbadd him to vse the said sportes
<...> pastymes &
recreacions any Longer By vertue of any right or power derived from him
alleadging that in the mynoritie of Iames Davies his sonne hee had power &
right from the said Thomas Manley and Iames Davies his sonne to doe and Act what
hee the said Thomas thought fitt and Convenient and then the said Thomas Davies
gave your Oratour hard Language and tould him hee should be
noe Longer protected defended or secured in
preservacion of the game aforesaid, neither should
your Oratour be protected in the place of Deputie
vnder any of them but take his owne Course And hee the said Thomas Davies did at
the same tyme comand from your said Oratour the said Letters
Pattentes & deputacions & discharged your
Oratour from any Longer by vertue of the aforesaid power soe
given & graunted vnto him Wherevppon your Oratour
haueing but a Lease paroll from yeare to yeare did deliver vp to him
the said Thomas Davies the said Lettres Pattentes &
Deputacions vppon the delivery of which
your Oratour was absolutlie discharged from his said
Deputacion hee the said Thomas Davies then declareing to
your Oratour that his rent from ‸⸢that⸣
tyme should cease & determyne & your Oratour further
sheweth that at the tyme of the agreement betwixt the said Thomas Davies &
your Oratour as aforesaid All the stock of Beares
Bulls and Mastiff Doggs Bandoggs and Mastiff
bitches at the beare garden
where your Oratour for a Longe tyme before and yett Liveth
where were your Oratours owne proper
goodes which hee had a Longe tyme before that tyme bought
with his owne money and expended and Layd out the somme of
600 li. and vpwardes for the same and none of them were the
goodes of them the said Thomas Davies or Thomas
Manley they being then but only cheife masters or Rulers of the said
Game by vertue of theire said Letters Pattentes for which
your said Oratour paid them the somme of 40 li.
yearelie for the tyme aforesaid And your Oratour paid the
somme of 60 li. yearelie for the rent of the dwelling howse &
yett payes so much yearelie to the Lord or owner of the same And your
Oratour further sheweth that shortlie after the said Iohn Davies had
so taken away the said Letters Pattentes from him and the said
Deputacion there came to your Oratoures
dwelling howse diuers vnruly fellowes and kild aboue 40tie of your Oratours Beares ‸⸢at
severall tymes & your Oratour & his freeinds in
great danger of theire Lyves in and endev<...>ing to preserve them⸣ which cost
your Oratour aboue 500 li. they giveing forth in
speeches that your Oratour had noe power to bayte or play for
that they that gave him his Comission had taken it a way againe by reason
whereof and of the Late Warrs still increaseing hee did not play his said game
for the space of two yeares & an halfe being alsoe prohibited by
the Parliament by reason alsoe of the publique Calamitie in the
Nacion by meanes whereof your ‸⸢Oratour⸣ was extreamely ympouerished haueing for all
that tyme beene at very great charges & expenses in feedeing of his Beares
Bulls doggs and in paying of his servant wages to attend them besides a very
greate yearelie rent for the said howse insoemuch that your
Oratour was necessitated to present his humble
peticion to the Parliament for his speedie redresse ‸⸢being almost vndone & worsted in his estate in 90 li. at
Least⸣ which said peticion did not anywayes relate to
the said Lettres Pattentes or deputacions as by the
said peticion ready to be produced may appeare: Vpon
which petitcion it was Ordered by the Parliament on
or aboute the 17th day of Aprill 1644 that the said
peticion should be referred vnto the Subcommittee for the
Burrough of Southwarke for the speedy releefe of your Oratour,
Since which tyme the said Committee hath some tymes
permitted your Oratour to play his said Games and
some tymes prohibite him soe to do according to theire definacion in
that behalfe soe that your Oratour hath made very Little or
noe benefitt of Late yeares of his said game his charges in that befalfe
expended Considered And your Oratour further sheweth that for
the space of these Tenn yeares Last past hee was never any wayes
countenaunced or incorraged in the preserveing of the said
game by them the said Thomas Davies Thomas Manly or Iames Davies or or
ever any way asisted by them or either of them when his game was soe distroyed
& spoiled and your Oratour in his deepest misery and
necessious condicion as aforesaid
Neither did they or either of them ever Looke after your
Oratour or treate with him aboute the sayd game or ever
asked or demaunded any thing Rent from your Oratour
for the same vntill now of Late And your Oratour further
sheweth that since the tyme of the said Thomas Davies soe takeing away of the
said Lettres Patentes and <...> Deputacion as aforesaid hee hath not made any other
ageement with them the said Thomas or Iames Davies or Thomas
Manley nor acted vnder theire or either of there power or any power else but by
the permission aforesaid vntill the ffirst day of Iune Last
your Oratour had a tearme of 3 yeares graunted vnto him by
one Daniell Gotherson to be
deputie as aforesaid by vertue of the same power graunted vnto him as hee
informed your Oratour And your Oratour
humbly conceiveth that of theire power were not extinct at the death of the Late
Kinge and theire Letters Pattentes
⸢then⸣ voyde gott from that tyme the said Thomas Davies
for badd your Oratour to act any more vnder them or by vertue
of theire power now arreares are due vnto them from your
Oratour or recoverable from your Oratour ‸⸢Either in Lawe or equitie⸣ in regard the said Thomas Davies
nor any our one else ever demaunded the said rent dureing the tyme
aforesaid or any wayes soe much as assisted your Oratour or
tooke any course for the preservacion of the said Game yett
soe it is May it further please your honours that of Late the
said Thomas Manley and Iames Davies the sonne of the said Thomas Davies hath
preferred theire Bill of Complaint into this
honorable Court against your Oratour for the arreares
of the said rent and that your Oratour held the same ever
since by vertue of theire power graunted by the said Letters Pattentes
whereas they the said Thomas Manley and Iames Davies well knowe that
your Oratour never at all treated with them or
either of them about being deputie as aforesaid, and that hee the said Thomas
Davies forbadd your Oratour vseing the said sportes
and Games Long since as aforesaid and that your Oratour should
not pay any more rent to them or either of them, and that hee the said Thomas
Davies tooke from your Oratour the said Letters
Pattentes and deputacion yett questions your
Oratour for Tenn yeares rent arreare by practise Combynacion
and Confederacy doth with other and with one Samuell Warcupp
Esquier the sole and principall Agent that stirrs vp the other
parties Confederates to prosecute your
Oratour where as they all were to knowe what greate Losses
your said Oratour hath had by reason of the Late tymes and
taxes and paymentes imposed on your Oratour and hee
noe power at all nor any agreement or deputacion to shewe
vnder the handes of the said Thomas Manley Thomas or Iames Davies to
give him power to mayntaine and vphold the said Game which cost him soe
much money as aforesaid All which doeings of them the said Thomas
Davies Thomas Manley Iames Davies and Samuell Warcup are not only to
your Oratoures vtter vndoeing but alsoe contrary to
Iustice and Equitie In tendre Consideracion whereof And forasmuch as
your Oratour is remeadiles at the Common Lawe for
that the agreement & deputacion aforesaid was but from
yeare to yeare at theire pleasure and hee hath not any writeings at all to shewe
vnder the handes of either of the said Thomas or Iames Davies or Thomas
Manley to the effecte aforesaid and the Witnesses that were present
when the said Thomas Davies Commaunded the said Letters
Pattentes and deputacion from your Oratour
and wished ‸⸢him⸣ not to act anymore by vertue of that
power and promised him that hee should not pay any more rent for the tyme to
come are either dead or gon into partes vnknowne soe that your
Oratour is for all the matters hearein complained of <..> properlie to be releeved before
your honours by the wonted Iustice and Equitie of this
honorable Court To thend therefore to at all said parties
Confederates may sett forth and discover the truth of the
premisses vpon theire Corporall Oathes And whether the said
Thomas Davies did not aboute the tyme a foresaid forbidd your
Oratour to vse the said sporte and game any Longer by vertue of any
power derived from them the said Thomas Davies Iames Davies and Thomas Manley
and Commaunded the said Letters Pattentes and at a
Deputacion from your Oratour and receaued the same
from him And whether hee did not promise your Oratour that hee
should not pay any more rent Neither would hee or the said Thomas Manley and
Iames Davies expect any more by vertue of the said Letters Pattentes
And whether your Oratour hath for the space of these Tenn
yeares Last past really acted vnder theire or either of theire power by vertue
of the said Letters Pattentes And whether they or either of them ever
demaunded the said rent dureing all the tyme afore said <...> or ever anywayes assisted or
countenaunced your Oratour or Looked after the
preservacion of the said Game dureing all the tyme aforesaid
And that they may all of them further sett forth whether they does not knowe or
haue heard that your Oratour hath beene at very greate Losse
in his said Stock of Beares and Bulls by rude and disorderlie persons
that killed them and at a very greate charge in the mayntaineing of the same
when hee made Little or noe proffitt for a Longe tyme And that all the said
parties Confederates may make a perfect Answere to
all singuler the premisses And your Oratour freed
from the arreares of the said 40 li. per Annum for theis Tenn
yeares Last past in Case the said Letters Pattentes are still in force
for the reasons aforesaid May it please your honoures
the premisses Considered to graunt vnto your Oratour
a Writt or Writtes of Subpena to be directed to them the said Thomas
Davies Thomas Manley Iames Davies and Samuell Warcup Commanding them
and either of them and either of them at a certaine day and vnder a
certaine paine there in to be Lymitted & personallie to be and
appeare before your Lordshippes in the high Court of
Chauncery then and there to Answere the premisses And to stand to and a
byde such further Order and dirrecion therein as your
Lordshippes shall seeme meete And your
Oratour shall praye &c/.
Record title: Chancery Court Pleadings: Thomas Godfrey v. Thomas Davies et
al
Repository:
TNA
Shelfmark: C 9/10/5
Repository location: Kew
This 1652 record provides evidence that the plaintiff, Thomas Godfrey, was appointed deputy to the master of the Bears, Bulls and Mastiff Dogs by 1638/9. The defendants named in the case included Thomas Davies and Thomas Manley who were appointed joint masters of the Bears, Bulls and Mastiff Dogs on 9 February 1638/9 by Charles I (but see TNA: C66/2824, mbs 26-8, where James rather than Thomas Davies is named). James Davies, Thomas' son, was appointed master of the Bears, Bulls and Mastiff Dogs at the Restoration.
In his bill of complaint Godfrey harks back to the closing of the Bear Garden in 1642 and the subsequent conflict with Thomas Davies in particular. Specific details about the cost of his annual license as deputy, his annual rent at the Bear Garden and the expenses for maintaining his stock of bears, bulls and mastiff dogs are relevant for the period before the closing which led to a two and a half years of suspended activity before baiting was allowed to resume.
1652; English; parchment; 2 membranes;
unnumbered; no decoration; tied together at the upper left corner:
mb 1: Thomas Godfrey's Bill of Complaint; 5 December 1652; 480mm x
626mm; dirty, creased, 1 tear along the lower left edge but no loss of
text; no endorsement;
mb 2: Samuel Warcup's Answer; undated; 310mm
x 437mm; dirty but generally good condition; no endorsement.
pp 21–2 (5 May)
...
That the Beare bayting, and Bull bayting, heretofore used in Southwarke ‸ ⸢as alsoe the playing of prizes by Fencers⸣whereby great evills and abominations are occasioned and Committed to the dishonur of God and scandalle | of the Commonwealth be for the future suppressed, and that the game be not used for the tyme to come in that or any other place, and that it be referred to Colonell Cooper, Colonell Pride, Mr Hyland, and Maiour Allen, or any three or more of them to see this order put in execution.
...
'Colonell Cooper' was Thomas Cooper (d. 1659), parliamentarian and army officer; see Henry Reece, The Army in Cromwellian England, 1649-1660 (Oxford, 2013), 41-2, and Aidan Clarke, (Cambridge, 1999), 114-15. 'Colonell Pride was Thomas Pride (d. 1658), 'parliamentarian army officer and regicide,'; see Ian J. Gentles, 'Pride, Thomas, appointed Lord Pride under the protectorate (d. 1658),' ODNB, accessed 22 December 2022).
'Mr Hyland' was Samuel Hyland (fl. 1638-63); see Vivienne Larminie, 'Hyland [Highland], Samuel (fl. 1638–1663), distiller and political activist,' ODNB, accessed 22 December 2022.
'Maiour Allen' was Francis Allen (c. 1583–1658); see A.W. McIntosh (rev), 'Allen, Francis (c. 1582–1658), politician and regicide,' ODNB, accessed 22 December 2022.
Record title: Order to Suppress Bearbaiting et al
Repository:
TNA
Shelfmark: SP 25/69
Repository location: Kew
29 April; English; paper; iv + 285 + ii; 350mm x 230mm; paginated in ink 1–481, followed by unpaginated contemporary index, 44 leaves; damaged binding, vellum covered boards and spine separated, faded title on cover: 'Orders of the Councell | <...> | 29 Aprill <...>'; title on spine (torn and damaged): 'April 29: 165<.> | to | July 1 .1653.' Loose inside the index is a later unpaginated subject index to the volume, tied with string in the left corner; composed of 7 folios folded to form 14 pages, 305mm x 203mm; entitled 'Index to the Book of Orders of the Council of State from 29 April to 1 July 1653').
sheet 1 (1 July)
To the right honrable Edward Earle of Clarendon Lord high Chancellor of England.
Humbly complayning Sheweth vnto your Lordshipp your dayly Orator Thomas Davis of Westminster in the County of Middlesex Esquuier That your Orator is interessed and possessed of and in a parcell of ground on or neare the bankeside in the Parish of St Saviour Southwark in the County of Surrey comonly called the Beare Garden conteyning in length North and south three hundred and thirty foote or more and in breadth East and West of one hundred and sixty six foote at the least by and vnder a Lease made thereof by King Iames whereof there are nowe eleven yeares yet to come And that the said ground hath been vsed anciently and continually employed for the vse of beare and Bull baiteing and divers houses and buildings for the conveniency of the said game and sport were erected and continued there till in the late vnhappy troubles the said game there was destroyed the buildings and houseing pulled downe and the ground converted to private vse to your oratours insupportable losse and vndoeing And that your Oratours son Iames Davis Master of his Maiesties game of Beares and Bulls &c. since his Maiesties most happy restauracion for want of the convenience of the said place was necessitated for sometime to keepe the said game in other places and to build for the convenient exercise thereof att his great charge vntill soone after by order of his Maiestie and his most honorable privy Councell your Oratours said son was for some reasons comanded to remove the game to the accustomed place on the banke side in Southwarke aforesaid and to reduce the said ground to its former vse and service in obedience wherevnto your Oratour for and on the behalfe of his said son vndertooke the same...
Record title: Court of Chancery, Six Clerks Office, Pleadings: Davies v.
Sydenham
Repository:
TNA
Shelfmark: C 10/79/28, no 28
Repository location: Kew
This 1664 suit in the court of Chancery relates to a dispute between Thomas Davies of Westminster, the father of James Davies, reappointed in 1660 as master of Bears, Bulls and Mastiff Dogs, and the defendants, Sir Edward Sydenham and his son, Charles. James Davies was first appointed to share the mastership with Thomas Manley on 9 February 1638/9 by Charles I; see TNA: C66/2824, mbs 26-8.
The subject of the suit was the transfer of the lease for the Bear Garden property under Charles I, though a previous lease granted by James I had some years still to run. Davies sought the return to himself of the Bear Garden property in St Saviour's parish, for his son's use after the Restoration but the property was claimed by Sydenham, according to a lease granted him by Charles I for a considerable sum for reversion of the lease and of the property and tenements. Both defendants denied any agreement made with Davies for return of the property despite any buildings he may have erected meanwhile. Davies reported that he was granted a lease of three score years by the king in consideration of his costs in rebuilding and more, but Sydenham claimed that Charles I granted him a lease of several tenements on Bankside, including the Bear Garden, though the king had been deceived in doing so.
Only the opening section of Davies' bill of complaint is here transcribed, for details of the dimensions of the Bear Garden property and the demolition of the buildings during the Interregnum.
1664; English; parchment; 3 sheets;
numbered 1–3 in later pencil; good condition; attached at the upper left
corner:
Sheet 1: Bill of complaint of Thomas Davies; 250 mm x 595
mm;
Sheet 2: Answer of Sir Edward Sydenham; 320mm x 585 mm;
Sheet 3: Answer of Charles Sydenham; 295mm x 670mm.