spondence betwixt the said companies, and that the one may not encroach upon the other by any indirect means," and for the acting of women's parts by the proper sex, and the patent concludes with the following clause :

"That these our letters patent, or the enrolment thereof, shall be in all things good and effectual in the law, according to the true intent and meaning of the same, anything in these presents contained, or any law, statute, act, ordinance, proclamation, provision or restriction, or any other matter, cause, or thing whatsoever to the contrary in any wise notwithstanding."

Under this patent Davenant opened his house in the Tennis Court, Portugal Street, Lincoln's Inn, on the 8th of April.

On the 25th of April, in the same year, other letters patent were made out, precisely similar to those last set forth, except that the recital of the patent granted in Charles I.'s reign is omitted, and the grant to Killigrew precedes that to Davenant.

It would be difficult, perhaps, to ascertain the intention of this latter patent so soon after the former one,-for if that were inoperative from being illegal, this must have been equally so: if the first were valid, the second would have been a nullity. It is only necessary further to add, that the latter has no expressed reference whatever to the former.

1663. (15 Car. II.)-On the 8th of April, Killigrew opened the theatre which he had built in Drury Lane.

On the 28th of April an order was issued by the said Chamberlain commanding the King's company of players to submit to Killigrew's authority; which indicates an early disagreement between the new (patent) managers and their companies.

1668. (20 Car. II.)-Davenant died.

1671. (23 Car. II.)-A new house was opened in Dorset Gardens, Salisbury Square, under the management of Lady Davenant, (relict of Sir William,) but it did not answer.

1672. (24 Car. II.)-In January the house in Drury Lane was burnt. 1682. (34 Car. II.)-By order of the 4th of May, Killigrew's patent was united to Davenant's patent, "from thenceforth to be as one, and so for

ever after continue."

It appears the two companies acted together both at Dorset Gardens, (the house belonging to Davenant's company,) and at Drury Lane.

There is some confusion as to the date of this transaction. That, here given is from an abstract of the report of the case of Charles Killigrew versus Charles Davenant, (the eldest son of Sir William,) which was heard before the Chancellor Somers, on Monday, the 7th of December, 1691. In Cibber's Apology," (p. 61,) the date is given 1684 (36 Car. II.); and the union of the two companies" into one, exclusive of all others," is Isaid to have been effected " by the King's advice, which perhaps amounted to a command." And, in an answer to a petition presented to the Lord Chamberlain Dorset by Thomas Betterton and others, (a copy of which answer is in the Lord Chamberlain's Office,) the patentees allege that both patents were united by indenture bearing date the 4th of May, 1692, (4 William and Mary,) but this latter is obviously a clerical error for 1682.

The alleged cause for this union of the two patents was the various disturbances and revolts that had taken place among the actors; but it is not improbable that these revolts arose from the incapability of the patentees to pay their respective companies, owing to the scarcity of play-goers, there not being at the time sufficient to fill the two theatres.

1689. (1 William and Mary.)—Charles Davenant assigned his share in

the incorporated patent to Alexander Davenant; it seems that afterwards the whole patent became the property of the latter.

1690. (2 William and Mary.)-Twenty-fourth of March, Alexander Davenant sold the patent to Christopher Rich, a lawyer; who afterwards took Sir Thomas Skipwith as a partner.

1694. (6 William and Mary.)-Rich behaved tyrannically to the actors, and attempted to reduce their salaries. Congreve, Barry, Mrs. Bracegirdle, and others, entered into an association, with Betterton at their head, and petitioned the Earl of Dorset, then Lord Chamberlain, to relieve them from the tyranny of the monopolists. His Grace laid their complaints before his Majesty, who caused his counsel learned in the law to be consulted upon the subject; and they were of opinion that no patent for acting plays, &c., could tie up the hands of a succeeding prince from granting a similar privilege. While this affair was in progress, Queen Mary died, (28th December,) which caused a suspension of all public diversions.

1695. (7 Will. III.)-On 25th of March the Lord Chamberlain granted a license to Betterton and the others, under the style of "his Majesty's sworn servants and comedians in ordinary;" who, having raised a new theatre in Tennis Court, Lincoln's Inn Fields, by subscription, acted therein, under the name of Betterton's company.

So that, at this period, there were two theatres open,-the one playing, it seems, alternately in Drury Lane and Dorset Gardens, under the one united patent; the other in Tennis Court, Lincoln's Inn Fields, under a license*.

1704. (2 Anne.)-Betterton, conveyed his license to Sir John Vanbrugh. 1705. (3 Anne.)-Vanbrugh having built an immense theatre in the Haymarket, (on the site of the present Italian Opera House), took Congreve into partnership; and having shut up the house in Tennis Court, they opened the new one under Betterton's license.

1706. (4 Anne.)-This speculation having failed, on the 9th of April they sold the license and let the theatre to Mr. Owen M'Swiney, who undertook to pay them 57. for every night's performance, so that the gross sum should not exceed 7007. in the year.

1707. (5 Anne.)-Drury Lane was shut up by order of the Lord Chamberlain; and the patent company, (now called the Queen's,) on the 30th of November, played at Dorset Gardens.

1708. (6 Anne.)-Tenth of January, the Queen's company, from Dorset Gardens, joined M'Swiney's company in the Haymarket; but they were afterwards all ordered by the Lord Chamberlain to return under Rich and Skipwith, the patentees, as her Majesty's sole company of comedians; the greater part of M'Swiney's company seems to have joined them, as that gentleman soon afterwards appropriated his large theatre to the new speculation of the performance of Italian operas.

It appears that, at this period, the theatres were considered exclusively under the management of the Lord Chamberlain, as there is extant, in the office, a printed order of the 2d of March, in this year, by the Duke of Kent, the Chamberlain, that no person should be admitted behind the scenes &c. to interrupt the performances.

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Soon after Queen Anne's accession Betterton presented a petition to her Majesty setting forth that the town would not maintain two play-houses; the somewhat inconsequential result of which was a license to rent another theatre" a help or nursery to his forementioned theatre." This document contains some curious facts relative to the state of the theatres at that period, which would not be unapplicable to those of the present time.

I am doubtful to which theatre the Queen's company returned: according to two statements I have seen, it was to Drury Lane, which had been previously shut up; but it would appear, from the order of suspension mentioned in next year, the removal was to a (new) theatre in Covent Garden.

1709. (7 Anne.)-30th of April, the Lord Chamberlain directed the patentees to pay the comedians," pursuant to the articles made with them at the theatre in the Haymarket, and which were proved to be made good upon their removal to the theatre in Covent Garden."

6th of June.-In consequence of the non-compliance with the above order, the Lord Chamberlain, by the Queen's command, issued another order, whereby he "silenced them from further acting, and required them not to perform any plays or other theatrical entertainments until further order; and all her Majesty's sworn comedians were thereby forbid to act any plays at the theatre in Covent Garden, or elsewhere, without his leave, as they should answer the contrary at their peril."

It will be remembered that this was an order of suspension, and, unless removed, of prohibition to the united company, the only one which, at that time, possessed any patent:-unless, therefore, the above orders were superseded, the patent was for ever gone. But it does not appear that these orders ever were superseded; and subsequent companies have borne the title of their Majesties' servants from arrogance on their part, or courtesy in others.

In the same year, Wilks, Dogget, and Cibber entered into an arrangement with M'Swiney to conduct the theatre in the Haymarket alternately as an English play-house and an Italian opera-house. Many of the disbanded Queen's company, by the Lord Chamberlain's permission, joined this new

concern.

On the 29th of November, William Collier obtained a promise of a license to act comedy and tragedy in Drury Lane," in consideration of his having surrendered all his interest and claim to the patents granted to Mrs. Killigrew and Sir William Davenant."

1710. (8th Anne.)-On the 22d of November, Collier, with the assistance of a mob, broke into the Drury Lane house, ejected Rich, and took possession. 1711. (9 Anne.)-Collier and M'Swiney exchanged theatres; but the former, finding the plan unsuccessful, returned to Drury Lane, where Wilks, Dogget, and Cibber entered into partnership with him, having left M'Swiney. 1712. (10 Anne.)-Dogget retired from, and Booth entered into, the partnership.

1713. (11 Anne.)-In January M'Swiney absconded.

1714. (1 Geo. I.)—Rich repaired the house in Lincoln's Inn Fields, and it was opened under his son, John Rich. It does not appear that Rich had any license for this proceeding, nor that the suspension of the patent had been removed; he probably chose to consider the original patent as still valid. At the Queen's death the license to Collier accordingly expired.

In January, George I. granted a patent to Richard Steele for life and three years afterwards, who joined with Wilks, Cibber, and Booth, Collier retiring from the affair. This, therefore, was in fact a renewal of Queen Anne's original license to Collier, granted upon the suspension of the patent.

It does not appear what was doing under the original Betterton license after the departure of M'Swiney, the lessee thereof.

There were now, therefore, two theatres open:-Drury Lane, under the patent to Steele; Lincoln's Inn Fields, without a license.

1717. (4 Geo. I.) —The managers of Drury Lane having refused to obey the regulations of the Lord Chamberlain, the Attorney and Solicitor Generals were consulted as to whether they could be compelled to do so under the patent to Steele.

1719. (6 Geo. I.)-In January, Steele's patent or license was revoked, and the company discharged.

1720. (7 Geo. I.)—Mr. Potter, a carpenter, having built a smaller theatre in the Haymarket, it was opened on the 25th of January, without a license. So that now there was not any patent or license in existence, except M'Swiney's (Betterton's), which does not appear to have been acted on.

1729. (2 Geo. II.)-Mr. Odell opened a theatre in Goodman's Fields, without a license. Steele died.

1732. (5 Geo. II.)-Cibber, Wilks, and Booth obtained a new license for twenty-one years.

Giffard re-opened the theatre in Goodman's Fields.

Cibber and Booth sold their shares in the license at Drury Lane to Mr. Highmore, and Wilks his share to Giffard.

John Rich, with his company, removed to Covent Garden.

1733. (6 Geo. II.)-Theophilus Cibber (son of Colley) induced part of Highmore's company to desert, and played (without a license) in the Little Theatre in the Haymarket.

1734. (7 Geo. II.)—Charles Fleetwood bought Highmore's share of the license, and afterwards part of Giffard's, so as to become possessed of fivesixths of the whole.

1735. (8 Geo. II.)-Fleetwood purchased the remainder of the license. Giffard played at Lincoln's Inn Fields with the Goodman's Fields company.

1736. (9 Geo. II.)-Henry Fielding collected a company, and played (without license) at the Little Theatre in the Haymarket.

1737. (10 Geo. II.)-In this year there were five theatres open :-

1. Drury Lane, under Fleetwood (the assignee of the original license to Cibber and Co.);

2. Covent Garden, under John Rich (the alleged possessor of the original united patent);

3. The Italian Opera House (under the original license to Betterton); 4. Goodman's Fields, under Giffard; and

5. The Little Theatre in the Haymarket, under Fielding; (both without license.)

This year, also, in consequence of Fielding's pasquinades, or (as it is said) more probably in consequence of an arrangement between Sir Robert Walpole and Giffard, the Licensing Act (cap. 28) was passed; by which, for the first time, the royal prerogative over theatres was recognized by the Legislature. At the same time, however, it was restricted in its operation to the limits of Westminster, beyond which no royal license was in future to be granted.

1741. (14 Geo. II.)-Giffard was still playing in Goodman's Fields.

1745. (18 Geo. II.)-Fleetwood's license was mortgaged to Green and Amber: they were afterwards joined by Lacey, who subsequently became sole manager.

1747. (20 Geo. II.)-Garrick became a partner with Lacey, and Fleetwood's license was renewed to them at Drury Lane.

1761. (2 Geo. III.)-John Rich died. His son-in-law, Beard, continued to play at Covent Garden under the alleged patent.

1766. (7 Geo. III.)-Samuel Foote obtained a license for life for dramatic representations from the 15th of May to the 15th of September.

1767. (8 Geo. III.)-Foote, having rebuilt the Little Theatre in the Haymarket, opened the same.

Beard sold his interest in the house, patent, &c. of Covent Garden, for 60,000l., to Colman, Harris, Powell, and Rutherford, and the house opened under their management.

1774. (15 Geo. III.)-Lacey died. Garrick sole proprietor of Drury Lane.

1776. (17 Geo. III.)-Sheridan, Lindley, and Ford purchased Drury Lane from Garrick.

1777. (18 Geo. III.)-Colman purchased the Little Theatre from Foote, and opened it.

1783. (23 Geo. III.)-In January, a patent was granted to Sheridan, Lindley, and Ford at Drury Lane, for twenty-one years, to commence on the 2d September, 1795.

N. B.-This patent contains no clause giving an exclusive authority to act.

1787. (23 Geo. III.)—Mr. John Palmer opened the Royalty Theatre, Wellclose Square, without a license; but he was shortly obliged to close it. 1788. (28 Geo. III.)-Statute passed (cap. 30) to enable justices of the peace to license certain theatrical representations.

1789. (29 Geo. III.)—The Drury Lane Theatre being about to be taken down, the company played at the King's Theatre in the Haymarket. The King's Theatre destroyed by fire.

The Drury Lane company removed to the Pantheon, in Oxford Street. 1790. (30 Geo. III.)-14th of June, the Little Theatre in the Haymarket opened under George Colman, jun.

1791. (31 Geo. III.)-The new Covent Garden Theatre opened.

About this time a new license for twenty-one years was granted to Sheridan and Lindley.

1792. (32 Geo. III.)-The Pantheon destroyed by fire.

1793. (33 Geo. III.)-The Drury Lane company played at the Little Theatre.

1794. (34 Geo. III.)—The new Drury Lane Theatre opened.

1803. (43 Geo. III.)-Mr. Kemble came into the management of Covent Garden.

1805. (45 Geo. III.)—The Little Theatre opened under Colman, Winston, and Morris.

1807. (47 Geo. III.)-Mr. Scott obtained the license for the Sans Pareil (now the Adelphi).

Mr. Astley obtained the license for the Olympic Theatre, or Pavilion. 1808. (48 Geo. III.)-In August, Mr. Arnold submitted his plan for the establishment of an English opera to Lord Dartmouth, then Lord Chamberlain.

On the 20th of September Covent Garden Theatre was destroyed by fire, and the company removed to the King's Theatre.

1809. (49 Geo. III.)-On the 25th of February Drury Lane Theatre was destroyed by fire.

On the 26th of the same month a license was granted to Mr. Arnold for "musical dramatic entertainments and ballets of action," at the Lyceum, "for one year."

N.B. This license was unlimited as to the number of performances within the year.

Soon after this Mr. Arnold entered into partnership with Col. Greville. An arrangement was completed in September between Col. Greville and Messrs. Sheridan and Arnold, that the Drury Lane company should play for eight months in the year at the Lyceum, till the new theatre should be built.

In the same month a license was granted to T. B. Mash, Esq., in trust for Arnold, Greville, and Sheridan, to perform at the Lyceum, for eight months, any theatrical performance.

Under this license, the Drury Lane company played at the Lyceum.

1810. (50 Geo. III.)-On the 25th of February, Mr. Arnold's license was renewed, to perform " English operas, ballets of action, and musical entertainments" for one year.

N.B.-A similar license was granted to Mr. Arnold for the five successive years-that is, till 1815 inclusive.

In September the license was renewed for the Drury Lane company, in the same terms as the preceding one of last year.

In this year a petition was presented to the Privy Council for the establishment of a new theatre under a charter of incorporation. The petition was not granted.

1811. (51 Geo. III.)-In September a similar license was renewed for the