University of Virginia Library

CHARLES the second, by the Grace of God, king of England, Scotland, France, and Ireland, defender of the faith, &c. to all to whom all these presents shall come, greeting.

Whereas our royal father of glorious memory, by his letters patents under his great seal of England bearing date at Westminster the 26th day of March, in the 14th year of his reign, did give and grant unto Sir William D'avenant (by the name of William D'avenant, gent.)[1] his heirs, executors, administrators,

and assigns, full power, licence, and authority, That he, they, and every of them, by him and themselves, and by all and every such person and persons as he or they should depute or appoint, and his and their laborers, servants, and workmen, should and might, lawfully, quietly, and peaceably, frame, erect, new build, and set up, upon a parcel of ground, lying near unto or behind the Three Kings ordinary in Fleet-street, in the parishes of St. Dunstan's in the West, London; or in St. Bride's, London; or in either of them, or in any other ground in or about that place, or in the whole street aforesaid, then allotted to him for that use; or in any other place that was, or then after should be assigned or allotted out to the said Sir William D'avenant by Thomas Earl of Arundel and Surry, then Earl Marshal of England, or any other commissioner for building, for the time being in that behalf, a theatre or play house, with necessary tiring and retiring rooms, and other places convenient, containing in the whole forty yards square at the most, wherein plays, musical entertainments, scenes, or other the like presentments might be presented. And our said royal father did grant unto the said Sir William D'avenant, his heirs, executors, and administrators and assignee, that it should and might be lawful to and for him the said Sir William D'avenant, his heirs, executors, administrators, and assignee, from time to time, to gather together, entertain, govern, privilege, and keep, such and so many players and persons to exercise actions, musical presentments, scenes, dancing, and the like, as he the said Sir William D'avenant, his heirs, executors, administrators, or assignee, should think fit and approve for the said house. And such persons to permit and continue, at and during the pleasure of the said Sir William D'avenant, his heirs, executors, administrators, or assignee, from time to time, to act plays in such house so to be by him or them erected, and exercise musick, musical presentments, scenes, dancing, or other the like, at the same or other houses or times, or after plays are ended, peaceably and quietly, without the impeachment or impediment of any person or persons whatsoever, for the honest recreation of such as should desire to see the same; and that it should and might be lawful to and for the said Sir William D'avenant, his heirs, executors, administrators, and assigns, to take and receive of such as should resort to see or hear any such plays, scenes, and entertainments whatsoever, such sum or sums of money as was or then after, from time to time, should be accustomed to be given or taken in other play-houses and places for the like plays, scenes, presentments, and entertainments as in and by the said letters patents, relation being "hereunto had, more at large may appear.

And whereas we did, by our letters patents under the great seal of England, bearing date the 16th day of May, in the 13th year of our reign,[2] exemplifie

the said recited letters patents granted by our royal father, as in and by the same, relation being thereunto had, at large may appear.

And whereas the said Sir William D'avenant hath surrendered our letters patents of exemplification, and also the said recited letters patents granted by our royal father, into our Court of Chancery, to be cancelled; which surrender we have accepted, and do accept by these presents.[3]

Know ye that we of our especial grace, certain knowledge, and meer motion, and upon the humble petition of the said Sir William D'avenant, and in consideration of the good and faithful service which he the said Sir William D'avenant hath done unto us, and doth intend to do for the future; and in consideration of the said surrender, have given and granted, and by these presents, for us, our heirs and successors, do give and grant,[4] unto the said Sir William D'avenant, his heirs, executors, administrators, and assigns, full power, licence, and authority, that he, they, and every one of them, by him and themselves, and by all and every such person and persons as he or they should depute or appoint, and his or their labourers, servants, and workmen, shall and may lawfully, peaceably, and quietly, frame, erect, new build, and set up, in any place within our cities of London and Westminster, or the suburbs thereof,

where he or they shall find best accommodation for that purpose[5]; to be assigned and allotted out by the surveyor of our works; one theatre or play-house, with necessary tiring and retiring rooms, and other places convenient, of such extent and dimension as the said Sir William D'avenant, his heirs or assigns shall think fitting: wherein tragedies, comedies, plays, operas, musick, scenes, and all other entertainments of the stage whatsoever, may be shewed and presented.

And we do hereby, for us, our heirs and successors, grant unto the said Sir William D'avenant, his heirs and assigns, full power, licence, and authority, from time to time, to gather together, entertain, govern, priviledge and keep, such and so many players and persons to exercise and act tragedies, comedies, plays, operas, and other performances of the stage, within the house to be built as aforesaid. or within the house in Lincoln's-Inn-Fields, wherein the said Sir William D'avenant doth now exercise the premises[6]; or within any other house, where he or they can best be fitted for that purpose, within our cities of London and Westminster, or the suburbs thereof; which said company shall be the servants of our dearly beloved brother, James Duke of York, and shall consist of such number as the said Sir William D'avenant, his heirs or assigns, shall from time to time think meet. And such persons to permit and continue at and during the

pleasure of the said Sir William D'avenant, his heirs or assigns, from time to time, to act plays and entertainments of the stage, of all sorts, peaceably and quietly, without the impeachment or impediment of any person or persons whatsoever, for the honest recreation of such as shall desire to see the same.

And that it shall and may be lawful to and for the said Sir William D'avenant, his heirs and assigns, to take and receive of such our subjects as shall resort to see or hear any such plays, scenes and entertainments whatsoever, such sum or sums of money, as either have accustomably been given and taken in the like kind, or as shall be thought reasonable by him or them, in regard of the great expences of scenes, musick, and such new decorations, as have not been formerly used.

And further, for us, our heirs, and successors, we do hereby give and grant unto the said Sir William D'avenant, his heirs and assigns, full power to make such allowances out of that which he shall so receive, by the acting of plays and entertainments of the stage, as aforesaid, to the actors and other persons imployed in acting, representing, or in any quality whatsoever, about the said theatre, as he or they shall think fit; and that the said company shall be under the sole government and authority of the said Sir William D'avenant, his heirs and assigns. And all scandalous and mutinous persons shall from time to time be by him and them ejected and disabled from playing in the said theatre.

And for that we are informed that divers companies of players have taken upon them to act plays publicly in our said cities of London and Westminster, or the suburbs thereof, without any authoity for that purpose; we do hereby declare our dislike of the same, and will and grant that only the said company erected and set up, or to be erected and set up by the said Sir William D'avenant, his heirs and assigns, by virtue of these presents, and one other company erected and set up, or to be erected and set up by Thomas Killigrew, Esq., his heirs or assigns, and none other, shall from henceforth act or represent comedies, agedies, plays, or entertainments of the stage, vithin our said cities of London and Westminster, or the suburbs thereof[7]; which said company to be erected by the said Thomas Killigrew, his heirs or assigns, shall be subject to his and their government and authority, and shall be stiled the Company of Us and our Royal Consort.

And the better to preserve amity and correspondence betwixt the said companies, and that the one may not incroach unon the other by any indirect means, we will and ordain, That no actor or other person employed about either of the said theatres, erected by the said Sir William D'avenant and Thomas Killigrew, or either of them, or deserting his company, shall be received by the governor or any of the said

other company, or any other person or persons, to be employed in acting, or in any matter relating to the stage, without the consent and approbation of the governor of the company, whereof the said person so ejected or deserting was a member, signified under his hand and seal[8]. And we do by these presents declare all other company and companies, saving the two companies before mentioned, to be silenced and suppressed.

And forasmuch as many plays, formerly acted, do contain several prophane, obscene, and scurrilous passages; and the womens parts therein have been acted by men in the habits of women, at which some have taken offence: for the preventing of these abuses for the future, we do hereby straitly charge and command and enjoyn, that from henceforth no new play shall be acted by either of the said companies, containing any passages offensive to piety and good manners, nor any old or revived play, containing any such offensive passages as aforesaid, until the same shall be corrected and purged [9], by the said masters or governors of the said respective companies, from all such offensive and scandalous passages, as aforesaid. And we do likewise permit and give leave that all the womens parts to be acted in either of the said two companies for the time to come, may be performed by women, so long as these recreations, which, by reason of the abuses aforesaid, were scandalous and offensive, may by such reformation

be esteemed, not only harmless delights, but useful and instructive representations of humane life, to such of our good subjects as shall resort to see the same.

And these our letters patents, or the inrolment thereof, shall be in all things good and effectual in the law, according to the true intent and meaning of the same[10], any thing in these presents contained, or any law, statute, act, ordinance, proclamation, provision, restriction, or any other matter, cause, or thing whatsoever to the contrary, in any wise notwithstanding; although express mention of the true yearly value, or certainty of the premises, or of any of them, or of any other gifts or grants by us, or by any of our progenitors or predecessors, heretofore made to the said Sir William D'avenant in these presents, is not made, or any other statute, act, ordinance, provision, proclamation, or restriction heretofore had, made, enacted, ordained, or provided, or any other matter, cause, or thing whatsoever to the contrary thereof, in any wise notwithstanding. In witness whereof, we have caused these our letters to be made patents. Witness our self at Westminster, the fifteenth day of January, in the fourteenth year of our reign.

By the King.
HOWARD.