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"At the Court at Hampton Court, the 30th of June, 1662.

"His Majefty, being graciously inclin'd to have a juft and friendly agreement made betweene the petitioner and the faid Sir Henry Harbert, is pleas'd to referr this petition to the right honorable the Lord high Chancellor of England, and the Lord Chamberlaine, who are to call before them, as well the petitioner, as the faid Sir Henry Harbert, and upon hearing and examining their differences, are to make a faire and amicable accommodation between them, if it may be, or otherwife to certify his Majefty the true ftate of this bufinefs, together with their Lord.ps opinions.

EDWARD NICHOLAS.

"Wee appoint Wednesday morning next before tenn of the clock to heare this bufineffe, of which Sir Henry Harbert and the other parties concern'd are to have notice, my Lord Chamberlaine having agreed to that hour.

"July 7, 1662.

CLARENDONE.”

On the reference to the Lord Chancellor and Lord Chamberlain, Sir Henry Herbert prefented the following statement of his claims:

"To the R. Honn.rble Edward Earle of Clarendon, Lord High Chancellor of England, and Edward Earle of Manchester, Lord Chamberlain of his M.ties Houfehold.

"In obedience to your lordships comandes fignifyed unto mee on the ninth of this inftant, July, do make a remembrance of the fees, profittes, and incidents, belongeinge to ye office of the Reuells. They are as followeth:

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"For an old play, to be brought with

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"Befides feuerall occafionall gratuityes from the late K.' company at B. fryers.

"For a fhare from each company of four companyes of players (befides the late Kinges Company) valued at a 100l. a yeare, one yeare with another, besides the ufuall fees, by the yeare

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6 It is extraordinary that the Mafter of the Revels should have ventured to ftate fifty pounds as the produce of each of the benefits given him by the king's company. We have feen (p. 289) that at an average they did not produce nine pounds each, and after a trial of fome years he compounded with that company for the certain fum of ten pounds for his winter's day, and the like fum for his fummer benefit.

"That the Kinges Company of) players couenanted the 11th of Auguft, 60, to pay Sir Henry Herbert per week, from that tyme, aboue the ufual fees

"That Mr. William Beefton coue

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"That the 121. per weeke from the three forenamed companyes hath been totally deteyned from Sir Henry Herbert fince the faid 11th Aug. 60, by illegal and unjuft means; and all ufual fees, and obedience due to the office of the Revells.

"That Mr. Thomas Killegrew drawes 191. 6s. per week from the Kinges Company, as credibly

informed.

"That Sir William Dauenant drawes 10 fhares of 15 fhares, which is valued at 200l. per week, cleer profitt, one week with another, as credibly informed.

"Allowance for charges of fuites at law, for that Sir Henry Herbert is unjustly putt out of poffeffion and profittes, and could not obtaine an appearance gratis.

"Allowance for damages fufteyned in creditt and profittes for about two yeares fince his Ma.ties happy Reftauration.

"Allowance for their New Theatre to bee used as a playhouse.

"Allowance for new and old playes acted by Sir William Dauenantes pretended company of players at Salisbury Court, the Cockpitt, and now at Portugall Rowe, from the 5th Novemb. 60. the tyme of their first conjunction with Sir William Dauenant.

"Allowance for the fees at Chriftmaffe and at Lent from the faid tyme.

"A boxe for the Mafter of the Reuells and his company, gratis;-as accuftomed.

"A fubmiffion to the authority of the Revells for

the future, and that noe playes, new or old, bee acted, till they are allowed by the Master of the Reuells.

"That rehearfall of plays to be acted at court, be made, as hath been accustomed, before the Mafter of the Reuells, or allowance for them.

"Wherefore it is humbly pray'd, that delay being the faid Dauenants beft plea, whch he hath exercifed by illegal actinges for almoft two yeares, he may noe longer keep Sir Henry Herbert out of poffeffion of his rightes; but that your Lordshippes would fpeedily affert the rights due to the Master of the Reuells, and ascertaine his fees and damages, and order obedience and payment accordingly. And in cafe of difobedience by the faid Dauenant and his pretended company of players, that Sir Henry Herbert may bee at liberty to purfue his courfe at law, in confidence that he fhall have the benefitt of his Ma.tys juftice, as of your lordfhippes fauour and promifes in fatisfaction, or liberty to proceed at law. And it may bee of ill confequence that Sir Henry Herbert, dating for 45 yeares VOL. II.

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meniall service to the Royal Family, and hauing purchased Sir John Afhley's intereft in the faid office, and obtained of the late Kings bounty a grante under the greate feale of England for two liues, fhould have noe other compenfation for his many yeares faithfull fervices, and conftant adherence to his Ma.tys intereft, accompanyed with his great fufferinges and loffes, then to bee outed of his juft poffeffion, rightes and profittes, by Sir William Dauenant, a perfon who exercifed the office of Master of the Reuells to Oliuer the Tyrant, and wrote the First and Second Parte of Peru, acted at the Cockpitt, in Oliuers tyme, and foly in his fauour; wherein hee fett of the juftice of Oliuers actinges, by comparifon with the Spaniards, and endeavoured thereby to make Oliuers crueltyes appeare mercyes, in refpect of the Spanish crueltyes; but the mercyes of the wicked are cruell.

"That the faid Dauenant published a poem in vindication and juftification of Oliuers actions and gouernment, and an Epithalamium in praise of Olivers daughter Ms. Rich;-as credibly informed."

"The matters of difference betweene M. Thomas Killegrew and Sir Henry Herbert are upon accommodation.

My Lordes,

"Your Lordshippes very humble Servant, "July 11th 62. Cary-house.

HENRY HERBERT.

Another paper now before me will explain what is meant by Sir Henry Herbert's concluding words:

7 This poem Sir William D'Avenant fuppreffed, for it does not appear in his works.

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