[Its Location.] Upon a parcel of ground lying near unto or behind the Three Kings Ordinary in Fleet Street, in the parishes of Saint Dunstan's in the West, London, or in Saint Bride's, London, or in either of them; or in any other ground in or about that place, or in the whole street aforesaid, already allotted to him for that use, or in any other place that is or hereafter shall be assigned or allotted out to the said William Davenant by our right trusty and right well-beloved cousin and counsellor Thomas, Earl of Arundel and Surrey, Earl Marshall of England, or any other of our commissioners for building for that time being in that behalf.
[Its Uses.] And we do hereby, for us, our heirs, and successors, grant to the said William Davenant, his heirs, executors, administrators, and assigns, that it shall and may be lawful to and for him, the said William Davenant, his heirs, executors, administrators, and assigns, from time to time to gather together, entertain, govern, privilege, and keep, such and so many players and persons, to exercise action, musical presentments, scenes, dancing, and the like, as he, the said William Davenant, his heirs, executors, administrators, and assigns shall think fit and approve for the said house; and such persons to permit and continue at and during the pleasure of the said William Davenant, his heirs, executors, administrators, and assigns, from time to time to act plays in such house so to be by him or them erected; and exercise music, musical presentments, scenes, dancing, or other the like, at the same, or other, hours, or times, or after plays are ended,[715] 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 William Davenant, his heirs, executors, administrators, 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 is, are, or hereafter from time to time shall be accustomed to be given or taken in other playhouses and places for the like plays, scenes, presentments, and entertainments.
The novelty of the scheme and the great size of the proposed building must have alarmed the owners of playhouses. That the established theatrical proprietors were hostile is clearly indicated by the attitude of Richard Heton, one of the Sewers of the Chamber to Queen Henrietta, and at the time manager of the Salisbury Court Playhouse. In September, 1639, he wrote out a document entitled "Instructions for my Patent," in which he advanced reasons why he should receive the sole power to elect the members of the Queen's Company of Players. He observes that under the existing arrangement the company was free to leave the Salisbury Court Playhouse at their pleasure, "as in one year and a half of their being here they have many times threatened"; and he concludes by adding: "and one now of the chief fellows [i.e., sharers of the company], an agent for one [William Davenant] that hath got a grant from the King for the building of a new playhouse which was intended to be in Fleet Street, which no man can judge that a fellow of our Company, and a well-wisher to those that own the house, would ever be an actor in."[716] Doubtless the owners of other houses had the same sentiments, and exercised what influence they possessed against the scheme. But the most serious opposition in all probability came from the citizens and merchants living in the neighborhood. We know how bitterly they complained about the coaches that brought playgoers to the small Blackfriars Theatre, and how strenuously from year to year they sought the expulsion of the King's Men from the precinct.[717] They certainly would not have regarded with complacency the erection in their midst of a still larger theatre.
Whatever the opposition, it was so powerful that on October 2 Davenant was compelled to make an indenture by which he virtually renounced[718] for himself and his heirs for ever the right to build a theatre in Fleet Street, or in any other place "in or near the cities, or suburbs of the cities, of London or Westminster," without further and special permission granted. This document, first printed by Chalmers in his Supplemental Apology, is as follows:
This indenture made the second day of October, in the fifteenth year of the reign of our Sovereign Lord Charles, by the grace of God, of England, Scotland, France, and Ireland King, Defender of the Faith, &c. Anno Domini 1639. Between the said King's most excellent Majesty of the first part, and William Davenant of London, Gent., of the other part. Whereas the said King's most excellent Majesty, by His Highness's letters patents under the Great Seal of England bearing date the six and twentieth day of March last past before the date of these presents, did give and grant unto the said William Davenant, his heirs, executors, administrators, and assigns full power, license, and authority that he, they, and every of them, by him and themselves and by all and every such person or persons as he or they shall depute or appoint, and his and their laborers, servants, and workmen, shall and may 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 Parish 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, already allotted to him for that use, or in any other place that is or hereafter shall be assigned and allotted out to the said William Davenant by the Right Honorable Thomas, Earl of Arundel and Surrey, Earl Marshall of England, or any other His Majesty's Commissioners for Building, for the time being in that behalf, a theatre or playhouse 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 may be presented by and under certain provisors or conditions in the same contained, as in and by the said letters patents, whereunto relation being had more fully and at large, it doth and may appear.
Now this indenture witnesseth, and the said William Davenant doth by these presents declare, His Majesty's intent, meaning at and upon the granting of the said license was and is that he, the said William Davenant, his heirs, executors, administrators nor assigns should not frame, build, or set up the said theatre or playhouse in any place inconvenient, and that the said parcel of ground lying near unto or behind the Three Kings Ordinary in Fleet Street in the said Parish 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, and is sithence found inconvenient and unfit for that purpose, therefore the said William Davenant doth for himself his heirs, executors, administrators, and assigns, and every of them, covenant, promise, and agree to and with our said Sovereign Lord the King, his heirs and successors, that he, the said William Davenant, his heirs, executors, administrators, nor assigns shall not, nor will not, by virtue of the said license and authority to him granted as aforesaid, frame, erect, new build, or set up upon the said parcel of ground in Fleet Street aforesaid, or in any other part of Fleet Street, a theatre or playhouse, nor will not frame, erect, new build, or set up upon any other parcel of ground lying in or near the cities, or suburbs of the cities, of London or Westminster any theatre or playhouse, unless the said place shall be first approved and allowed by warrant under His Majesty's sign manual, or by writing under the hand and seal of the said Right Honorable Thomas, Earl of Arundel and Surrey. In witness whereof to the one part of this indenture the said William Davenant hath set his hand and seal the day and year first above written.
William Davenant. L.S.
Signed sealed and delivered
in the presence of
Edw. Penruddoks.
Michael Baker.
Possibly as a recompense for this surrender of his rights, Davenant was made Governor of the King's and Queen's Servants at the Cockpit in June of the following year; and from this time until the suppression of acting in 1642, he expended his energies in managing the affairs of this important playhouse.