furvey or give an accompt of the money received for the faid tickets: That the faid feaven shares fhall be paid nightly by the said three perfons by the faid Sir Wm. deputed, or by anie of them, to him the faid Sir Wm. his executors, adminiftrators, or affignes. That the faid Sir William Davenant fhall appoint half the number of the door-keepers neceffary for the receipt of the faid tickets for doores and boxes, the wardrobe-keeper, barber, and all other neceffary perfons as hee the faid Sir Wm. fhall think fitt, and their fallary to bee defrayed at the publique chardge. That when any fharer amongst the actors of the aforefaid fhares, and parties to these presents, fhall dye, that then the faid Sir Wm. Davenant, his executors, adminiftrators or affignes, fhall have the denomination and appointment of the fucceffor and fucceffors. And likewife that the wages of the men hirelings fhall be appointed and established by the faid Sir Wm. Davenant, his executors, administrators, or affignes. That the faid Sir Wm. Davenant, his executors, adminiftrators, or affignes, fhall not bee obliged out of the fhares or proportions allowed to him for the fupplyeinge of cloathes, habitts, and fcenes, to provide eyther hatts, feathers, gloves, ribbons, fworde-belts, bands, ftockings, or fhoes, for any of the men actors aforefaid, unles it be a propertie. That a private boxe bee provided and established for the ufe of Thomas Killigrew, Efq. one of the groomes of his Ma.ties bedchamber, fufficient to conteine fixe perfons, into which the faid Mr. Killigrew, and fuch as he fhall appoint, fhall have liberty to enter without any fallary or pay for their entrance into fuch a place of the faid theatre as the faid Sir Wm. Davenant, his heires, executors, administrators, or affignes fhall appoint. That the faid Thomas Batterton, Thomas Sheppey, Robert Noakes, James Noakes, Thomas Lovell, John Mofeley, Cave Underhill, Robert Turner, and Thomas Lillefton, doe hereby for themselves covenant, promife, grant and agree, to and with the faid Sir W. D. his executors, adminiftrators, and affignes, by these prefents, that they and every of them fhall become bound to the faid Sir Wm. Davenant, in a bond of 5000l. conditioned for the performance of these prefents. And that every fucceffor to any part of the faid five fhares or proportions fhall enter into the like bonds before hee or they fhall bee admitted to fhare anie part or proportion of the faid fhares or proportions. And the faid Henry Harris doth hereby for himfelf his executors, adminiftrators, and affignes, covenant, promise, grant and agree, to and with the faid Sir Wm. Davenant, his executors, adminiftrators, and affignes, by these presents, that hee the faid Henry Harris fhall within one weeke after the notice given by Sir Wm. Davenant for the concludinge of the playeinge at Salisbury Court or any other houfe elfe abovefaid, become bound to the faid Sir Wm. Davenant in a bond of 5000l. conditioned for the performance of these [prefents]. And that every fucceffor to any of the faid five fhares fhall enter into the like bond, before hee or they fhall bee admitted to have any part or proportion in the faid five fhares. Item, it is mutually agreed by and betweene all the parties to these prefents, that the faid Sir William Davenant alone fhall bee Mafter and Superior, and fhall from time to time have the fole government of the faid Thomas Batterton, Thomas Sheppey, Robert Noakes, James Noakes, Thomas Lovell, John Mofeley, Cave Underhill, Robert Turner and Thomas Lilleston, and also of the said Henry Harris, and their affociates, in relation to the playes [play-house] by these presents agreed to bee erected. On the 15th of Nov. 1660, Sir William D'Avenant's company began to act under these articles at the theatre in Salisbury-court, at which houfe or at the Cockpit they continued to play till March or April, 1662. In October, 1660, Sir Henry Herbert had brought an action on the case against Mr. Mohun and feveral others of Killigrew's company, which was tried in December, 1661, for reprefenting plays without being licenfed by him, and obtained a verdict against them, as appears from a paper which I fhall infert in its proper place. Encouraged by his fuccefs in that fuit, foon after D'Avenant's company opened their new theatre in Portugal Row, he brought a fimilar action (May 6, 1662,) against Mr. Betterton, of which I know not the event.' In the declaration, now before me, it is stated that D'Avenant's company, between the 15th of November 1660, and the 6th of 5 From a paper which Sir Henry Herbert has intitled “ A Breviat" of matters to be proved on this trial, it appears that he was poffeffed of the Office-books, of his predeceffors, Mr. Tilney and Sir George Buc; for, among other points of which proof was intended to be produced, he states, that "Several plays were allowed by Mr. Tilney in 1598, which is 62 years fince: Sir William Long Sword The Fair Maid of London Allowed to be acted in 1598. See the bookes. King and no King allowed to be acted more. Allowed by Sir May 1662, produced ten new plays and 100 revived plays; but the latter number being the usual style of declarations at law, may have been inferted without a strict regard to the fact. Sir Henry Herbert likewife brought two actions on the fame ground against Sir William D'Avenant, in one of which he failed, and in the other was fuccefsful. To put an end to the contest, Sir William in June 1662 befought the king to interfere. "To the Kings moft Sacred Majefty. "The humble petition of Sir William Davenant, Knight. Sheweth, "That your petitioner has bin molefted by Sir Henry Harbert with feveral profecutions at law. "That those profecutions have not proceeded by your petitioners default of not paying the faid Henry Harbert his pretended fees, (he never having fent for any to your petitioner,) but because your petitioner hath publiquely prefented plaies; notwithstanding he is authoriz'd thereunto by pattent from your Majesties moft royall Father, and by several warrants under your Majefties royal hand and fignet. "That your petitioner (to prevent being outlaw'd) has bin inforc'd to anfwer him in two tryals at law, in one of which, at Weftminster, your petitioner hath had a verdict against him, where it was declar'd that he hath no jurifdiction over any plaiers, nor any right to demand fees of them. In the other, (by a London jury,) the Mafter of Revels was allowed the correction of plaies, and fees for foe doing; but not to give plaiers any licence or authoritie to play, it being prov'd that no plaiers were ever authoriz'd in London or Westminster, to play by the commiffion of ye Mafter of Revels, but by authoritie immediately from the crowne. Neither was the proportion of fees then determin'd, or made certaine; because severall witneffes affirm'd that variety of payments had bin made; fometimes of a noble, fometimes of twenty, and afterwards of forty fhillings, for correcting a new play; and that it was the cuftome to pay nothing for fupervising reviv'd plaies. "That without any authoritie given him by that laft verdict, he fent the day after the tryall a prohibition under his hand and seale (directed to the plaiers in Little Lincolnes Inn fields) to forbid them to act plaies any more. "Therefore your petitioner humbly praies that your Majesty will gracioufly please (two verdicts having pafs'd at common law contradicting each other) to referr the cafe to the examination of fuch honourable perfons as may fatisfy your Majefty of the juft authoritie of the Master of Revells, that fo his fees, (if any be due to him) may be made certaine, to prevent extorfion; and time prefcribed how long he shall keep plaies in his hands, in pretence of correcting them; and whether he can demand fees for reviv'd plaies; and laftly, how long plaies may be lay'd afyde, ere he fhall judge them to be reviv'd. "And your petitioner (as in duty bound) fhall ever pray," &c. |