Imprimis, the faid Sir William Davenant doth for himself, his executors, adminiftrators and affigns, covenant, promife, grant, and agree, to and with the faid Thomas Batterton, Thomas Sheppey, Robert Noakes, James Noakes, Thomas Lovell, John Mofeley, Cave Underhill, Robert Turner, and Thomas Lillefton, that he the faid Sir William Davenant by vertue of the authority to him derived for that purpose does hereby conftitute, ordeine and erect them the faid Thomas Batterton, Thomas Sheppey, Robert Noakes, James Noakes, Thomas Lovell, John Mofeley, Cave Underhill, Robert Turner, and Thomas Lillefton and their affociates, to bee a company, publiquely to act all manner of tragedies, comedies, and playes whatfoever, in any theatre or playhouse erected in London or Westminster or the fuburbs thereof, and to take the ufual rates for the fame, to the uses hereafter expreft, untill the faid Sir William Davenant shall provide a newe theatre with SCENES.

Item, it is agreed by and between all the faid parties to these prefents, that the faid company (untill the faid theatre bee provided by the faid Sir William Davenant) be authorized by him to act tragedies, comedies, and playes in the playhouse called Salisbury Court playhoufe, or any other house, upon the conditions only hereafter following, vizt.

That the generall receipte of money of the faid playhoufe fhall (after the house-rent, hirelings, and all other accuftomary and neceffary expences in that kind be defrayed) bee divided into fowerteene proportions or fhares, whereof the faid Sir William Davenant fhall have foure full proportions or shares to his own ufe, and the reft to the ufe of the faid companie.

That durcinge the time of playing in the faid playhoufe, (untill the aforefaid theatre bee provided by the faid Sir Wm. Davenant,) the faid Sir Wm. Davenant

i. e. men hired occafionally by the night: in modern language, Supernumeraries.

fhall

fhall depute the faid Thomas Batterton, James Noakes, and Thomas Sheppey, or any one of them particularly, for him and on his behalfe, to receive his proportion of those shares and to furvey the accompte conduceinge thereunto, and to pay the faid proportions every night to him the faid Sir Wm. Davenant or his affignes, which they doe hereby covenant to pay accordingly.

That the faid Thomas Batterton, Thomas Sheppey, and the rest of the faid company fhall admit fuch a confort of muficiens into the faid playhouse for their neceffary ufe, as the faid Sir William fhall nominate and provide, duringe their playinge in the faid playhouse, not exceedinge the rate of 30. the day, to bee defrayed out of the generall expences of the house before the said fowerteene shares bee devided.

"That the faid Thomas Batterton, Thomas Sheppey, and the rest of the faid companie foe authorized to play in the playhouse in Salisbury Court or elsewhere, as aforefaid, fhall at one weeks warninge given by the faid Sir Wm. Davenant, his heires or affignes, diffolve and conclude their playeing at the house and place aforesaid, or at any other houfe where they fhall play, and shall remove and joyne with the faid Henry Harris, and with other men and women provided or to bee provided by the faid Sir Wm. Davenant, to performe fuch tragedies, comedies, playes, and reprefentations in that theatre to be provided by him the faid Sir William as aforefaid.

Item, It is agreed by and betweene all the faid parties to thefe prefents in manner and form followinge, vizt. That when the faid companie, together with the faid Henry Harris, are joyned with the men and women to be provided by the faid Sir William Davenant to act and performe in the faid theatre to bee provided by the faid Sir Wm. Davenant, that the generall receipte of the faid theatre (the generall expence first beinge deducted) fhall bee devided into fifteene fhares or proportions, whereof two fhares or proportions fhall bee paid to the faid Sir Wm. Davenant, his executors, administrators, or

affignes,

affignes, towards the house-rent, buildinge, fcaffoldinge, and makeing of frames for SCENES, and one other share or proportion fhall likewife bee paid to the faid Sir William, his executors, adminiftrators and affignes, for provifion of habitts, properties, and SCENES, for a fupplement of the faid theatre.

That the other twelve fhares (after all expences of men hirelinges and other cuftomary expences deducted) fhall bee devided into feaven and five thares or proportions, whereof the faid Sir Wm. D'Avenant, his executors, administrators, or affigns, fhall have feaven fhares or proportions, to mainteine all the women that are to performe or reprefent womens parts in the aforefaid tragedies, comedies, playes, or reprefentations; and in confideration of erectinge and establishinge them to bee a companie, and his the faid Sir Wms. paines and expences to that purpose for many yeeres. And the other five of the faid fhares or proportions is to bee devided amongst the rest of the perfons [parties] to theis prefents, whereof the faid Henry Harris is to have an equal share with the greatest propertion in the faid five fhares or proportions.

That the generall receipte of the faid theatre (from and after fuch time as the faid Companie have performed their playeinge in Salisbury Court, or in any other playhoufe, according to and noe longer than the tyme allowed by him the faid William as aforefaid) fhall bee by ballatine, or tickets fealed for all doores and boxes.

That Sir Wm. Davenant, his executors, administrators or affignes, fhall at the generall chardge of the whole receipte provide three perfons to receive money for the faid tickets, in a roome adjoyning to the said theatre; and that the actors in the faid theatre, nowe parties to these presents, who are concerned in the faid five fhares or proportions, fhall dayly or weekely appoint two or three of themselves, or the men hirelings deputed by them, to fit with the aforefaid three perfons appointed by the faid Sir William, that they may furvey or give an accompt of the money received for the faid tickets;

That

That the faid feaven fhares fhall bee paid nightly by the faid three perfons by the faid Sir Wm. deputed, or by anie of them, to him the faid Sir Wm. his executors, administrators, or affignes.

That the faid Sir William Davenant shall 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 harer amongst the actors of the aforefaid fhares, and parties to thefe prefents, shall 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, adminiftrators, or affignes.

That the faid Sir Wm. Davenant, his executors, adminiftrators, or affignes, fhall not bee obliged out of the shares 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 shoes, 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, adminiftrators, 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.

W. D. his executors, adminiftrators, and affignes, by these prefents, that they and every of them thall 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 share anie part or proportion of the faid fhares or proportions.

And the laid Henry Harris doth hereby for himself his executors, adminiltrators, and affignes, covenant, promile, grant and agree, to and with the faid Sir Wm. Davenant, his executors, adminiftrators, and affignes, by these prefents, 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 000l. conditioned for the performance of thefe [prelents]. And that evey fucceffor to any of the faid fiye fhares fhall enter into the like bond, before hee or they fhall bee admitted to have any part or proportion in the said five shares.

Item, it is mutually agreed by and betweene all the parties to these prefents, that the faid Sir William Davenant alone fall bee Mafter and Superior, and shall 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 alfo of the faid Henry Harris, and their affociates, in relation to the playes [play-houfe] by thefe prefents 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

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