III. "To the kings moft excellent Majeftie. "The humble petition of Sir Henry Herbert, Knight, Master of your Majefties office of the Revels. "That whereas your Petitioner by vertue of feverall Grants under the great feale of England hath executed the faid office, as Mafter of the Revells, for about 40 yeares, in the times of King James, and of King Charles, both of bleffed memory, with exception only to the time of the late horrid rebellion. "And whereas the ordering of playes and playmakers and the permiffion for erecting of playhouses are peculiar branches of the faid office, and in the conftant practice thereof by your petitioners predeceffors in the faid office and himfelfe, with exception only as before excepted, and authorized by grante under the faid greate feale of England; and that no perfon or perfons have erected any playhoufes, or rayfed any company of players, without licence from your petitioners faid predeceffors or from your petitioner, but Sir William D'Avenant, Knight, who obtained leave of Oliver and Richard Cromwell to vent his operas, at a time when your petitioner owned not their authority. "And whereas your Majefty hath lately fignified your pleasure by warrant to Sir Jeffery Palmer, Knight and Bar. your Majefties Attorney General, for the drawing of a grante for your Majefties fignature to pafs the greate feale, thereby to enable and empower Mr. Thomas Killegrew and the faid Sir William D'Avenant to erect two new playhoufes in London, Westminster, or the subburbs thereof, and to make choice of two companies of players to bee under theire fole regulation, and that noe other players fhall be authorized to play in London, Westminster, or the fubburbs thereof, but fuch as the faid Mr. Killegrew and Sir William D'Avenant fhall allow of. "And whereas your petitioner hath been reprefented to your Ma. as a perfon confenting unto the faid powers expreffed in the faid warrant. Your petitioner utterly denies the least confent or fore-knowledge thereof, but looks upon it as an unjuft furprize, and deftructive to the power granted under the said greate feale to your petitioner, and to the conftant practice of the faid office, and exercised in the office ever since players were admitted by authority to act playes, and cannot legally be done as your petitioner is advised; and it may be of very ill confequence, as your petitioner is advifed, by a new grante to take away and cut of a branch of your ancient powers, granted to the faid office under the great feale. "Your petitioner therefore humbly praies that your Ma.ty would be juftly as gracioufly pleased to revoke the aid warrant from your Ma.ties faid Attorney Generall, or to refer the premises to the confideration of your Ma.ties faid Attorney Generall, to certify your Ma. of the truth of them, and his judgement on the whole matters in queftion betwixt the faid Mr. Killegrew, Sir William D'Avenant, and your petitioner, in relation to the legality and confequence of their demands and your petitioners rights. And your petitioner fhall ever pray.' "At the Court at Whitehall, 4 Auguft, 1660. "His Ma.tie is pleased to refer this petition to Sir Jeffery Palmer, Knight and Baronet, his Ma.ties Attorney Generall; who haveing called before him all perfons concerned, and examined the petitioners right, is to certify what he finds to be the true ftate of the matters in difference, together with his opinion thereupon. And then his M.e will declare his further pleasure. EDW. NICHOLAS." "May it please your most excellent M.ty "Although I have heard the parties concerned in this petition feverally and apart, yet in refpect Mr. Killigrew and Sir William D'Avenant, having notice of a time appointed to heare all parties together, did not come, I have forborne to proceed further; having alfo receaved an intimation, by letter from Sir William D'Avenant, that I was freed from further hearing this matter. 14 Sept. 1660. IV. J. PALMER." "From Mr. Mofely concerning the playes, &c. Auguft 30, 1660.6 « Sir, "I have beene very much folicited by the gentlemen actors of the Red Bull for a note under my hand to certifie unto your worth. what agreement I had made with Mr. Rhodes of the Cockpitt play 6 This is the indorfement, written by Sir Henry Herbert's own hand. houfe. Truly, Sir, I am fo farr from any agreement with him, that I never fo much as treated with him, nor with any from him, neither did I ever confent directly or indirectly, that hee or any others fhould act any playes that doe belong to mee, without my knowledge and confent had and procured. And the fame alfo I doe certify concerning the Whitefryers playhouse' and players. "Sir, this is all I have to trouble you withall att prefent, and therefore I fhall take the boldneffe to remaine, Your Worth. most humble Servant, HUMPHREY MOSELY." August 30. 60." & V. On the 21st of Auguft, 1660, the following grant, against which Sir Henry Herbert had petitioned to be heard, paffed the privy fignet: "Charles the Second by the grace of God, of England, Scotland, France and Ireland, King, defender of the fayth, &c. to all to whome these prefents fhall come greeting. Whereas wee are given to understand that certain perfons in and about our citty of London, or the fuburbs thereof, doe frequently affemble for the performing and acting of playes and enterludes for rewards, to which divers of our fubjects doe for their entertainment refort; which faid playes, as we are informed, doe containe much matter of prophanation and fcurrility, foe that fuch kind of entertainments, 7i. e. the playhoufe in Salisbury-court. The date inferted by Sir Henry Herbert. which, if well managed, might ferve as morall inftructions in humane life, as the fame are now used, doe for the most part tende to the debauchinge of the manners of fuch as are prefent at them, and are very fcandalous and offenfive to all pious and well difpofed perfons. We, takeing the premiffes into our princely confideration, yett not holding it neceffary totally to fuppreffe the ufe of theaters, because wee are affured, that, if the evill and fcandall in the playes that now are or haue bin acted were taken away, the fame might ferue as innocent and harmleffe diuertifement for many of our fubjects; and haueing experience of the art and fkill of our trufty and well beloued Thomas Killegrew, efq. one of the Groomes of our Bedchamber, and of Sir William Dauenant, knight, for the purposes hereafter mentioned, doe hereby giue and grante vnto the faid Thomas Killigrew and Sir William Dauenant full power and authority to erect two companies of players, confiftinge refpectively of fuch perfons as they fhall chufe and appoint, and to purchase, builde and erect, or hire at their charge, as they fhall thinke fitt, two houfes or theaters, with all convenient roomes and other neceffaries thereunto appertaining, for the reprefentation of tragydies, comedyes, playes, operas, and all other entertainments of that nature, in convenient places: and likewife to fettle and eftablish fuch payments to be paid by thofe that fhall refort to fee the faid reprefentations performed, as either haue bin accuftomely giuen and taken in the like kind, or as fhall be reafonable in regard of the great expences of SCENES, mufick, and fuch new decorations as haue not been formerly used; with further power to make fuch allowances out of that which they fhall fo receiue, to the actors, and other perfons employed in the faid representations in |