Surrender of both to the king in the court of Chancery.
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.
New grant to Sir William D'avenant, his heirs and assignes.
To erect a theatre in London or Westminster, or the suburbs.
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, 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; 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 dimention 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 to entertain players, &c. to act without the impeachment of any person.
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; 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.