It was first opened in the month of November, 1660; Thomas Killigrew, its manager, and one of the grooms of the king's bedchamber, having received his patent in the previous August, when a similar favour was accorded to Sir William Davenant, who, during Charles I.'s reign, had been possessed of letters patent.

King Charles II., taking it into his "princely consideration" that it was not necessary to suppress the use of theatres, but that if the evil and scandal in the plays then acted were taken away, they might serve "as innocent and harmless divertisement" for many of his subjects, and having experience of the art and skill of his trusty and well-beloved Thomas Killigrew and William Davenant, granted them full power to elect two companies of players, and to purchase, build and erect, or hire, two houses or theatres, with all convenient rooms and other necessaries thereunto appertaining, for the representation of tragedies, comedies, plays, operas, and all other entertainments of that nature.

The managers were also authorised to fix such rates of admission as were customary or reasonable "in regard of the great expenses of scenes, music, and such new decorations as have not been formerly used:" with full power "to make such allowances out of that which they shall so receive to the actors and other persons employed in the same representations, in both houses respectively, as they shall think fit." For these patents other grants were afterwards substituted, Davenant receiving his new letters on January 15th, and Killigrew _his_ on April 25th, 1662.

The new grants did not differ much from the old ones, except that the powers vested in the patentees were more fully declared.

No other companies but those of the two patentees were to be permitted to perform within the cities of London and Westminster; all others were to be silenced and suppressed.
Killigrew's actors were styled the "Company of his Majesty and his Royal Consort;" Davenant's the "Servants of his Majesty's dearly-beloved brother, James, Duke of York." The better to preserve "amity and correspondence" between the two theatres, no actor was to be allowed to quit one company for the other without the consent of his manager being first obtained.