Block 29 Building 17A Lot 163-164-169, 21Originally entitled: "First Theatre (Colonial Lots 163, 164, 169) 1946"

Mary A. Stephenson

1946

Colonial Williamsburg Foundation Library Research Report Series - 1581
Colonial Williamsburg Foundation Library

Williamsburg, Virginia

1990

THE FIRST THEATRE
(Colonial Lots 163, 164, 169)

HISTORY:

The history of the theatre in Williamsburg apparently begins with William Levingston who was the first known promoter. Levingston had been a merchant in New Kent County, Virginia, before coming to Williamsburg. While there, he had been interested in promoting talent. (York County Records, Orders, Wills XV, 53. Copy in Illustration 1A of the Appendix.)

On March 26, 1716, William Levingston had received permission to use one of the rooms at the College of William and Mary for the purpose of teaching dancing:

"On the petition of William Levingston leave is given him to make use of the lower Room at the South end of the Colledge for teaching the Scholars and others to dance untill his own dancing school in Williamsburg be finished." (Meeting of the Visitors & Governors of the College of William and Mary as quoted in Virginia Magazine of History and Biography, IV, 169.)
This notice establishes the fact that Levingston was in Williamsburg early in 1716. It indicates that he was interested in having a school of dancing in a house located in the city, which house was probably in the process of being built at this time.

On July 11, 1716, it appears from an indenture between Levingston and Charles and Mary Stagg, actors, that the Staggs agreed to apply jointly "with all convenient Speed" for a patent from the Governor for the "Sole Privilege of Acting Comedies, Drolls or Other kind of Stage Plays within any part of ye sd Colony" for as long a time as the Governor saw fit. The Staggs agreed also to act in such "Stage Plays" and to instruct others in the art of acting so long as said actors should remain in Virginia. Stagg and wife also bound themselves not to act plays in the colony except upon terms agreed to 2 by Levingston. On the other part, Levingston agreed to have erected "with all covenient Speed" and at his own cost in Williamsburg "One good Substantial house commodious for Acting Such Plays as shall be thought fitt to be Acted there." Any profits in the venture would be shared by the two men share for share. The indenture states that Levingston had sent to England for actors and musicians and that Stagg would train such actors. Said actors and musicians, trained by Stagg, should receive pay according as "Other Equally qualified and hired here in Virga." Certain stipulations, preliminary to these arrangements between Levingston and the Staggs, released the Staggs from the obligations of two former indentures, bearing the dates of September 23 and 24,1715 through which indentures they bound themselves to "Serve him [Levingston] in ye Colony of Virga in ye Arts, Professions." (See Illustration 1A of the Appendix for complete copy of indentures.)

On November 4 and 5, 1716, William Levingston had acquired from the Trustees of the city through deeds of lease and release three certain lots in the city, being Nos. 163, 164, and 169.1 The stipulation was that Levingston should pay to the Trustees, if deemed, a "Yearly rent of one grain of Indian Corn." Another stipulation was that Levingston should within the space of twenty-four months erect upon each of these lots "one good dwelling house or houses of such dimensions" as were provided for in the Act of the Assembly for building the Capitol and City of Williamsburg. If such provisions were not carried out, the Trustees had the right to reassign the title to these lots. (See Illustration 1B of the Appendix for copy of deeds of lease and release.)

3

A record of June 24, 1718, would indicate, it seems, that Levingston had complied with the stipulation required by an Act of the Assembly in 1705, which made it imperative that a house should be built on each of his lots within twenty-four months. Governor Spotswood, in writing to the Board of Trade of this date, complained that when he (the Governor) gave an entertainment to celebrate the King's birthday on the 28th day of the previous mouth, "Eight Counsellors would neither come to my House nor go to the Play w'ch was Acted on that occasion, but got together all the Turbulent and disaffected Burg's, had an entertainment of their own in the Burg's House and invited all ye Mob to a Bonfire..." ("Alexander Spotwood's Letters, 1712-1721," printed in Virginia Historical Collections, II, 284.)

By 1721 it is definitely established that the Play House had been built and was in existence. In that year, Levingston mortgaged the building and the five lots (163, 164, 169, 176, and 177) to Dr. Archibald Blair. The first named lots (163, 164, and 169) were mortgaged "together with ye bowling green, ye dwelling house, kitchen & playhouse, & all ye other houses outhouses & stables &c thereon" for a period of five hundred years. (York County Records, Orders, Wills, XVI, December 16, 1723; and York County Deeds, VIII, 107, September 27, 1770.) The financial difficulties of Levingston are recorded in an attempt made by Levingston to foreclose and eject Robert Faldo,fictitious name. this type of suit used to clear title to property. ([illegible] who had leased the property for five years from Archibald Blair, mortgagee. The date of the suit was December 16, 1723. Faldo won his suit and was allowed to keep the property. (The suit is quoted in full in Illustration 1C of the Appendix to this report.)

Reverend Hugh Jones in The Present State of Virginia, published in 1724 in London, refers to the playhouse in Williamsburg. In describing the city, he stated that not far from the "James Town Court-House was a large Area for a Market Place; near which is a Play House and a good Bowling4Green..." (page 31.)

Court records during the period 1723-1736 do not furnish any information about the first theatre or the owners of the lots. There were no Virginia newspapers before 1736 to note theatrical performances, had there been any given in Williamsburg during the period. It appears from the scant material available, that Levingston was not too successful in his venture at dramatics. In 1727, Levingston is found in Spotsylvania County. He appears to have died prior to 1729 without issue.1 At the time of his death, Levingston was living in what became the town of Fredericksburg in 1727 (Hening's Statutes At Large, IV, 237).

A letter, written by William Byrd II of Westover to Sir John Randolph at Williamsburg, shows Byrd in his usual sprightly vein. From the letter it is obvious that Byrd was referring to a play given a short time before in the city. The play produced in Williamsburg evidently was Mrs. Centlivre's "Busy Body," as Byrd mentions some of the chief characters in that play:

" Westover, the 21st of January, 1735.

We are told therein a Bristol ship arrived at York River; if she brings any news be so good as to communicate it to your Country Friends, and in case you should have nothing Forreign we should be glad of a little Domestick, which of your Actors shone most in the Play next Isabinda, who take it for granted is the Oldfield of the theatre? How came Squire Marplot off? with many a clap I suppose, tho I fancy he would have acted more to life in the comedy called the Sham Doctor. But not a word of this for fear in case of sickness he might poison or revenge your, etc..." (Virginia Magazine of History and Biography, IX, 240-41.)
Byrd also commented in the same letter on Charles Stagg:
"...Upon the news of Mr. Stag's death, Madam La Baronne de Graffenreidt[2] is in hopes to succeed to part of 5 his business in Town...." (Ibid., 240.)

It is not known whether Charles Stagg acted in the play referred to by Byrd. He may have had a part as the play was given only a short time before his death. An inventory of the estate of Charles Stagg of Williamsburg is recorded on May 14, 1736, in York County Records, Wills, Inventories, Book 18, page 285. (See copy in Department of Research.) Worthy of note are the following listed books: "A Book the Art of dancing by J. Weaver and a Book the Art of dancing by J. Essen." These books were not appraised; also listed are "7 volumes of the craftsman....1/6/0."

The property (playhouse and lot) was conveyed on February 20, 1735, by John Blair, executor of Archibald Blair, to George Gilmer for the remainder of the five hundred years time that it had been mortgaged. (York County Records, Deeds, V, 153-154.)

In the autumn of 1735, apparently the playhouse was used for several performances by College students1:

" September 10, 1736

This evening will be performed at the Theatre by the young Gentlemen of the College, The Tragedy of CATO: And, on Monday, Wednesday, and Friday next will be acted the following Comedies, by the Gentlemen and Ladies of this Country, viz. THE BUSY-BODY, THE RECRUITING OFFICER, and THE BEAUX-STRATAGEM." (Virginia Gazette, Parks, ed.)

Thomas Jones, in writing to his wife then in Caroline County, mentions the theatrical performances running in Williamsburg:

" Sept. 17, 1736.

..You may tell Betty Pratt there has been but two Plays since she went which is Cato by the Young Gent'm of the College as they call themselves, and the Busy body by the Company on Wednesday Night last, and I believe there will be another to Night, they have been at a great loss for a fine Lady who I think is to be called Dorinda; but that difficulty is now overcome by finding her, which was to be the greatest Secret, and as such 'tis said to be Miss Anderson that came to Town with Mrs. Carter..." (Virginia Magazine of History and Biography, XXVI, 180.)
6 On the same day that Thomas Jones wrote to his wife, William Parke, editor of the Virginia Gazette, carried the following notice of further performances at the theatre:
"Williamsburg, Sept. 17. Next Monday Night will be perform'd the Drummer; or, TheHaunted House, by the young Gentlemen of the College..."

From notices in the Virginia Gazette it seems that Mary Stagg, after Stagg's death, continued in Williamsburg where she conducted classes in dancing and advertised confectionaries, sweet-meats, etc. for sale. In the issue of April 15-22, 1737 (Parks, ed.), a notice was carried that Mrs. Stagg held tickets at half a pistole each for those interested in attending an Assembly to be held at the Capitol. On October 14, 1737, Mrs. Stagg advertised again that tickets to the Assembly could be had at her house from ten until four, price being half a pistole (Virginia Gazette, Parks, editor, issue of October 7-14, 1737). On March 31, 1738 Mrs. Stagg advertised that tickets were to be had for "a Publick and Assembly, at the Capitol, on Thursday Evening the 27th of April next: Also several Grotesque Dances, never yet perform'd in Virginia." (Virginia Gazette, Parks, editor, issue of March 24-31, 1738.)

There are no records yet found which indicate the use to which the theatre building was put during the period from September, 1736, to December, 1745. Since only a few copies of the Gazette exist for 1740, then none until 1745, it is not possible to find notices in the newspaper of plays to be given. Other source material has not furnished the missing gaps in the history of the first theatre building in Williamsburg during this period.

From a deed given on December 4, 1745, it is obvious that George Gilmer had been assigned on February 20, 1735, "The Lotts and Land whereon the Bowling Green formerly was, and the Dwelling House & Kitchen of William Levingston, and the House call'd the play House." (York County Records, Deeds V, 154-155.)

7

Before December 4, 1745, George Gilmer had conveyed the playhouse and the ground on which it stood with six feet of ground adjoining it on every side to a group of subscribers. These subscribers are given below:

"John Blair Will: Gooch
Bn Harrison, Junr Phillip Ludwell
Ralph Wormeley Benja: Harrison
Nathall: Harrison Lewis Burwell, Jur:
W: Beverley John Grymes
Francis Willis Henry Armistead
Robert Tucker John Robinson
Ge: Braxton or Ge: Braxton jrs Phi: Lightfoot
Beverley Randolph Rd: Corbin
Thos: Bray Thos: Lee
David Meade Lewis Burwell
Edwd Digges Jas: Littlepage
Wilson Cary Carter Burwell
Jos: Temple Wm: Nelson, junr:
Peter Randolph J. Mercer
Ch: Carter"
(York County Records, Deeds V, 154-155.)

The Corporation of the city of Williamsburg, having need for a public building, petitioned the subscribers for the possession of the play-house:

"To The Gentlemen Subscribers
for the play House in the City of Williamsburg.--
The Corporation of the said City.
Shew,
That they have no Publick Building within the City, wherein to hold their Common Halls & Courts of Hustings, but have hitherto used the Court House of James City County on Curtesie. That the Play House stands in a convenient Place for such Uses; and has not been put to any Use for several Years; and is now going to decay; That the whole Money which had been gathering since the Corporation was first made proves a deficient to erect a Prison for the City nor have they any way to raise Publick Money to build a Town House; Wherefore they shall esteem, and always acknowledge it as singular Mark of your Good Will and favour, if you will be pleased to bestow Your present Useless House on this Corporation, for the use aforesaid They intending to repair and alter it by their own Subscription, If this request shall be granted." (York County Records, Deeds V, 154-155.)

On December 4, 1745, the "Gentlemen Subscribers" gave their "shares and interest" in the "Play-House" to the Corporation (Ibid., 154-155). 8 What motive the "Gentlemen Subscribers" had in getting possession of the playhouse in the beginning is not known. It seems altogether tenable to believe that they acquired the property because there was great need for a building in which to hold the Hustings Court and the city funds were not sufficient to meet the need in building. This gift from the "Gentlemen Subscribers" was recorded December 16, 1745 (York County Records, Deeds V, 154-155). Gilmer's conveyance of his title to all of the property to the city can be seen in Illustration 1D of the Appendix to this report. Part is given below:

"And Whereas the said George Gilmer for the Consideration of Fifty Pounds to him in hand paid by Certain persons whose Names are Subscribed to a paper hereunto annex'd, did Covenant and agree to convey and assign unto them all his Right Title & Interest of and in the said play House, the Ground whereon it Stands together with six feet of Ground adjoining to the said Play House on every side thereof And Whereas such persons have given and assign'd their Right to the said Play House and Ground adjoining unto the said Mayor Recorder aldermen and Common Council as appears by the paper before mentioned....
[Signed] George Gilmer
Jno Harmer Mayor"

The Virginia Gazette for December 19, 1745, indicates in an advertisement the use to which the playhouse was to be put:

"The Play-House in Williamsburg, being by Order of the Common-Hall of the said City, to be fitted up for a Court-House, with the necessary Alterations and Repairs; that is to say, to be new shingled, weather-boarded, painted, five large Sash Windows, Door, flooring, plaistering and proper Workmanship within; Notice is hereby given, to all such as are willing to undertake the doing thereof, That they offer their Proposals to the Mayor who will inform them more particularly what is to be done."

The Corporation of the city of Williamsburg, it is assumed from the above notice, fitted the playhouse properly for a courthouse. But some years later, on October 10, 1766, the issue of the Virginia Gazette (Purdie & Dixon, eds.) indicated that on occasions the courthouse, formerly the playhouse, Rich Cove[illegible] had ball at Court House in 1751. (VG) 9 house, was used for entertainment:

"For the Entertainment of the CURIOUS
Will be exhibited at the Hustings court-house in this City, a COURSE of Experiments, in that curious and entertaining branch of Natural Philosophy called ELECTRICITY, to be accompanied with lectures on the nature and properties of the Electric Fire
By William Johnson
The days of exhibition will be on Thursday and Friday next to begin at half past 5 in the evening. Tickets to be had at the Coffee House, and at the Post Office, at 7s. 6 d. for the whole course---"
(Virginia Gazette, October 10, 1766, Purdie & Dixon, eds.)

The city continued to own the property on which the theatre (then the courthouse for the Hustings Court of Williamsburg) stood until 1770. On September 27, 1770, the city conveyed to John Tazewell the land on which the playhouse had stood. (York County Records, Deeds VIII 108.) It looks as though the building, used first as a playhouse and then as a courthouse, had disappeared sometime between March 23, 1769, and September 27, 1770. Up to the present moment no research has disclosed the fate of the first theatre building, nor is it possible to determine whether the large building (seen on the Frenchman's Map facing upon Palace Green) was the First Theatre. Archaeological excavation has shown that the foundations have the same dimensions as those of the large building shown on the Frenchman's Map.1 It is possible that another building may have been built on the foundations of the theatre-courthouse site.

Governor Dunmore on August 1, 1772, granted to John Tazewell2 full control of the lots 163, 164 and 169. (Ms. on display at Capitol. Information 10 to be found in Department of Research Mss. files.)

In 1779, the entire property (lots 163, 164 and 169) was conveyed by John Tazewell to Henry Tazewell. (York County Records, Deeds VI, 227-228.) The lots were "bounded by Palace Street on the West by the lot of Thomas Everhard on the North by the lots of John Blair, Esq. on the East and by the Market Square on the South."

Prior to December 17, 1785, the property (all of lots 163, 164 and 169) appears to have come into the control and possession of William Rowsay. (Virginia Gazette, December 17, 1785 and May 31, 1786.) About July 3, 1788, Edmund Randolph had purchased these lots from Rowsay's executor's, and on that date St. George Tucker bought the property, "houses on the palace Street," which were those lots "whereon William Rowsay lately lived." (Letter of St. George Tucker to Edmund Randolph, July 2, 1788; also indenture of sale between Randolph and Tucker of July 3, 1788-Tucker-Coleman Collection, Department of Research.)

The property, conveyed to St. George Tucker by Governor Edmund Randolph, remained in the Tucker family until it was purchased by the Williamsburg Restoration. Whether the theatre building was still standing on the lot when Tucker acquired the lot is not known. By the wording of the deeds, one would infer that the building had been removed during the period between March, 1769, and September, 1770. There is no way of being sure of this point. (For further study of the lots after 1788 see the history of the Tucker House in the Department of Research.

APPENDIX
Illustration #1-Deeds, etc., from York County Records
Illustration #2- Frenchman's Map and Archaeological Findings; Tyler's Map

Department of Research
(Report prepared by Mary A. Stephenson, Research Assistant)

November, 1946

Footnotes

^1 An indenture made April 11, 1713, between the Trustees of Williamsburg and Daniel Groom of the county of James City, grants unto said Groom "One certain Lott of ground in the said City of Williamsburg designed in the Plott of the said City by these figures 169..." (See Ms. in Department of Research.)
Nothing could be found about Daniel Groom in our records. York County Records at the County Court House have not been searched.
^1 Susannah Levingston gave bond on his estate to the amount of £200. Her will is recorded in Spotsylvania County in 1746.
^2 There is no evidence to think that Madam de Graffenreidt was connected with the theatres. The Gazette during 1736 and 1737 carried notices that she was a teacher of dancing in Williamsburg (Virginia Gazette, Feb. 25, 1736; Oct. 14, 1737).
^1 See: item from The American Weekly Mercury August 1736 at end of this report. Also, item from [illegible]
^1 See Illustration #2 of the Appendix for section of Frenchman's Map with archaeological findings.
^2 By August 11, 1764, John Tazewell had acquired the three lots with the exception of the portion used for the courthouse. (York County Records, Deeds VI, 227.) On September 27, 1770, as has been noted above, Tazewell had acquired title to that portion of the lots upon which the playhouse had stood, with the adjoining six feet of ground on every side (York County Records, Deeds VI, 107).

Illustration #1A

"Levingstone
fro
Stagg

Articles

"Articles of Agreemt Indented, Concluded & made ye Eleventh day of July in ye Year of Our Lord One Thousand Seven hundred & Sixteen Between Wm Levingstone of ye County of New Kent Mercht of ye One part & Charles Stagg of ye Same County Dancing Master & Mary his wife of ye Other part. Whereas ye sd Charles Stagg and Mary his wife by Two Severall Indentures bearing date ye Twenty Third & Twenty fourth days of Septemr One Thousand Seven hundred & fifteen were bound to ye sd Wm Levinston to Serve him in ye Colony of Virga in ye Arts, Professions & for ye time in ye sd Indentures mentioned & ye sd Charles Stagg having for his Advancement & greater profit requested for himself & his sd wife to be free of ye Service mentioned in ye sd Indentures. These Presents Witness that ye sd Wm Levingstone hath released & Acquitted & doth hereby release & Acquitt ye sd Charles Stagg & Mary his wife of all Service, Claimes or Demands, which he ye sd Wm Levingstone was or is any ways intituled to by Vertue of ye sd Indentures. And ye sd Wm Levinstone doth further hereby Assign & make Over unto ye sd Charles Stagg all right, title or interest, which he ye sd Wm Levinstone might Claim in any Sums of Money or Other perquisites or profits already due for ye sd Charles Staggs Service in teaching or instructing any person or persons whatsoever in ye Science of Dancing from ye time of ye Staggs Arrivall in this Countrey, so as ye sd Charles Stagg shall & may have & Enjoy to his own Use & behoof as well as the Entrance Money as Other ye Profits Arising from ye sd Scholars without ye Lett or interruption of ye sd Wm Levingstone. In Consideration whereof ye sd Charles Stagg doth hereby Covenant & Agree to & with ye sd Wm Levingstone that he ye sd Charles Stagg his Execrs or Admrs shall & will well & truly Satisfy & pay unto ye sd Wm Levingstone or his Assignes ye Sum of Sixty pounds Currt money Yearly during ye Space of Three years next Ensueing ye date hereof (if ye sd Charles Stagg shall so long live) in maner & form following, that is to Say, Sixty Pounds Currt money being ye first payment at Lady day which shall be in ye Year of our Lord One Thousand, Seven hundred & Seventeen, Sixty Pounds like money at Lady day One Thousand Seven Hundred & Eighteen & ye Other Sixty Pounds & at Lady day One Thousand Seven hundred & Nineteen. Provided always & it is ye true intent & meaning hereof that ye sd Wm Levingstone & his Assigns shall be & are hereby Obliged to Abate & deduct out of ye sd respective Yearly payments after ye rate of five pounds Currt money for Each Month which ye sd Stagg shall be diverted from teaching to dance in Consideration of his ye sd Charles Staggs being imployed in ye preparation & Acting of Plays for ye joint benefit of himself & ye sd Wm Levingstone. And ye sd Charles Stagg doth further Covenant & Agree to & with ye sd Wm Levingstone that he ye sd Charles Stagg his Execrs and Admrs shall & will within ye Space of Eigteen months next after ye Ensealing of these Presents well & truly content & pay unto ye sd Wm Levingstone or his Assigns ye Sum of Thirty five pounds Seventeen Shillings which is in full Charges & Expences which ye sd Wm Levingstone hath been at for horses, ferriages or Otherwayes for ye greater conveniency of ye sd Charles Stagg in Attending at ye respective places where he teaches to dance at any time heretofore & also of all Such Sums of Money as ye sd Wm Levingstone hath Advanced to ye sd Charles Stagg or his wife either in Species or in Goods & Merchandizes Since ye sd Staggs arrival in Virga And it is further Covenanted & Agreed between 2 ye sd parties in manner & form following, that is to Say, that ye sd Wm Levingstone & Charles Stagg shall with all convenient Speed after ye Ensealing of these Presents use their best Endeavours to Obtain a Patent or Lycence from ye Governour of Virga for ye Sole Privilege of Acting Comedies, Drolls or Other kind of Stage Plays within any part of ye sd Colony not only for ye Three Years next Ensueing ye date hereof but for as much longer time as ye sd Governour Shall be pleased to grant ye Same for ye joint benefit of ye sd Wm Levingstone or Charles Stagg or their Assigns & neither of ye sd parties shall accept of or Use such Lycence without Assuming ye Other as Partner in manner aforesd. And ye sd Charles Stagg & Mary his wife do hereby Covenant & Promise that they ye sd Charles Stagg & Mary shall not only Act in ye sd Stage Plays (Sickness and other reasonable Accidents Excepted) but shall also use their best Endeavours to teach & instruct Others in ye way & manner of Acting according to ye best of their Skill as well for ye Three Years next Ensueing ye date hereof as for Such further & longer time as they ye sd Charles & Mary his wife or Either of them shall Stay in Virga. And Moreover that neither ye sd Charles Stagg nor Mary his wife shall Act any Plays within ye sd Colony of Virga without ye Consent of ye sd Wm Levingstone or his Assigns during ye sd term of Three Years next Ensueing ye date hereof not at any time thereafter in case no Patent or Lycense be Obtained from ye Governr in manner aforesd. And if ye sd Charles Stagg & Mary his wife shall at any time Act with ye Consent of ye sd Wm Levingstone or his Assigns, he ye sd Wm Levingstone shall have & receive One half of all the Profits arising by Such Plays, he or they bearing One halfe of ye Charges accrueing thereon in manner hereafter mentioned. And ye sd Wm Levingstone doth further Covenant & Agree with all convenient Speed to cause to be Erected & built at his own proper Costs & Charge in ye City of Wmsburgh One good Substantial house commodious for Acting Such Plays as shall be thought fitt to be Acted there And it is further Covenanted & Agreed by & between ye sd Parties that that ye sd Wm Levingstone & Charles Stagg shall bear an Equall Share in all Charges of Cloaths Musick & other Necessaries required for Acting ye sd Plays (ye Rent of Play house at Wmsburgh only Excepted which is declared as aforesd to be ye proper Charge of ye sd Wm Levingston) & Shall also have, receive & Enjoy an Equall Share of ye Profits arising therby. And for as much as ye sd Wm Levingstone hath at his won Proper Cost & Charge Sent to England for Actors & Musicians for ye better performance of ye sd Plays, It is hereby Covenanted & Agreed by & between ye sd parties to these Presents, that ye Money Arising be ye sd Plays ye Same Allowance shall be made both for ye Musicians & Actors as Others Equally Qualifyed hired here in Virga shall or ought to receive by ye Day or Otherways. And Lastly ye sd Parties do hereby Mutually bind & Oblige themselves their heirs, Execrs & Admrs respectively ye One to ye Other for ye true performance of all & Singular the Articles herein before mentioned so far as they Severally relate to them Selves whilst married, or if ye sd Mary becomes a Widow in ye final Sum of five hundred pounds Sterl to be paid by ye party failing his heirs Execrs or Admrs to ye party performing or willing to perform his part of ye Premisses & to ye Execrs Admrs or Assigns of ye party so performing In Witness whereof ye parties to these Presents have hereunto interchangeably Sett their hands & Seals ye Day & Year first above written

Sealed & Delivered by ye sd
Charles Stagg
in presence of
Will Robertson

Chas. Stagg (Sealed)
Mary Stagg (Sealed)

[Admitted to
record Nov. 19, 1716]

Test
Michl Dewick Cl Cou"

(York County Records-Orders, Wills-Book IV, pp. 52-54)

Illustration #1B

Lease

November 4, 1716 Levingston
from
Trustees

This Indenture made ye fourth day of Novemr in ye Third Year of ye reign of our Sovereign Lord George by ye Grace of God of Great Brittain, France & Ireland King Defendr of ye faith &c & in ye Year of our Lord God one Thousand Seven hundred & Sixteen Between ye ffeoffees or Trustees of ye Land Appropriated for ye building & Erecting ye City of Wmsburgh of ye one part & Wm Levingston of ye County of York Gentt of ye Other part Witnesseth that Ye sd ffeoffees or Trustees for divers good causes & Considerations them thereunto moving but more Especially for & in Consideration of five Shillings of good & lawfull money of England to them in hand paid at & before ye Ensealing & Delivery of these Presents, ye receipt whereof & themselves therewith fully contented & paid they do hereby Acknowledge have Granted, bargained, Sold, Demised & to farm Letter unto ye sd Wm Levingston his heirs or Assigns Three certain Lotts of Ground in ye sd City of Wmsburgh designed in ye Plott of ye sd City by these figures 163: 164 & 169 with all Pasturage, Woods & Waters & all manner of Profits, Comoditys and heredtamts whatsoever to ye Same belonging or in any wise appertaining. To have & To hold ye sd Granted Premisses & Every part thereof with ye Appurtenances unto ye sd Wm Levingston his Execrs Admrs or Assigns for & during ye term & time of one whole Year from ye day of ye date of these Presents fully to be compleat & Ended Yielding & Paying to ye sd ffeoffees or Trustees ye Yearly rent of one grain of Indian Corn to be paid ye Tenth day of October Yearly if it be demanded, To ye intent that ye sd Wm Levingston may be in quiet & peacable possession of ye Premisses & that by vertue hereof & of ye Statute for transferring Uses into possession he may be Enable to Accept a Release of ye Reversion & inheritance thereof to him & his heirs for Ever In Witness whereof Jno Clayton Esqr & Wm Robertson Gentt Two of ye sd Feoffees or Trustees have hereunto sett their hands & Seals ye day & Year above written-

Signed, Sealed &
Delivered in presence of
John Clayton (Sealed)
Will Robertson (Sealed)

At a Court held for York County 19th Novr 1716 Jno Clayton Esqr one of ye Feoffees or Trustees for ye Land Appropriated for ye building & Erecting ye City of Wmsburgh in open Court presented & Acknowledged ye above Deed of Lease of Three Lotts of ye sd Land to Wm Levingston

Test

Michl Dewick Cl Cou

(York County Records, Deeds, Bonds, Book III, p. 204.)
Release

Levingston
from
Trustees

This Indenture made ye fifth day of Novr in ye Third Year of ye reign of our Sovereign Lord George by ye Grace of God of Great Brittain, ffrance & Ireland King Defendr of ye faith &c & in ye Year of our Lord one Thousand Seven hundred & Sixteen Between ye ffeoffees or Trustees for ye Land Appropriated for ye building & Erecting ye City of Wmsburgh of ye one part & Wm Levingston of ye County of York Gentt of ye Other part Witnesseth that Whereas ye sd Wm Levingston by one Lease to him by ye sd ffeoffees or Trustees bearing date ye day before ye date of these Presents is in actuall & peacable possession of ye Premisses hereinafter granted, to ye intent that by Vertue of ye sd Lease, & of ye Statute for transferring Uses into possession he may be ye better Enabled to Accept a Conveyance & Release of ye Reversion & inheritance thereof to him & his heirs for Ever; ye sd ffeofees or Trustees for divers good Causes & consideration of 45 of good & lawfull money of England to them in hand paid at & before ye Ensealing & Delivery of these Presents, ye receipt whereof & themselves therewith fully Satisfyed & paid they do hereby Acknowledge have Granted, bargained, Sold, remised, released & Confirmed & by these Presents, for themselves, their heirs & Successors as far as in them lyes & under ye limitations & Reservations hereafter mentioned, they do Grant, bargain, Sell, remise, release & Confirm unto ye sd Wm Levingston Three certain Lotts of Ground in ye sd City of Wmsburgh, designed in ye Plott of ye sd City by these figures 163: 164: 169, with all Woods thereon growing or being, together with all Profits, Comoditys, Emoluments & advantages whatsoever to ye Same belonging or in any wise Appertaining To have & To hold ye sd granted Premisses & Every part thereof with ye Appurtenances unto ye sd Wm Levingston & to his heirs for Ever to be had & held for our Sovereign Lord ye King in Free & Common Soccage Yielding & Paying ye of Quittrents due & legally accustomed to be paid for ye Same, to ye only Use & behoof of him ye sd Wm Levingston his heirs & assigns for Ever under ye limitations & reservations hereafter mentioned & not otherwise. that is to say, that if ye sd Wm Levingston his heirs or Assigns shall not within ye Space of Twenty four Months next Ensueing ye date of these Presents begin to build & finish upon Each Lott of ye sd granted Premisses one good dwelling house or houses of such dimensions & to be placed in such manner as by One Act of Assembly made at ye Capitol ye Twenty third day of October 1702 Intituled an Act continueing ye Act directing ye building the Capitol & City of Wmsburgh &c is directed or as shall be Agreed upon, prescribed & directed by the Directors Appointed for ye Settlement & Encouragement of ye City of Wmsburgh pursuant to ye trust in them reposed by Vertue of ye sd Act of Assembly, Then it shall and may be lawfull to & for ye sd ffeoffees or Trustees & their Successors ye ffeofees or Trustees for ye land Appropriated for ye building & Erecting ye City of Wmsburgh for ye time being into ye sd granted Premisses & Every part thereof with ye Appurtenances to Enter & ye Same to have again as of their former Estate. In Witness whereof Jno Clayton Esqr & Wm Robertson Gentt Two of ye sd ffeoffees or Trustees have hereunto Sett their hands & Seals ye day & Year above written-

Signed, Sealed & Delivered in presence of John Clayton (Sealed)
Will Robertson (Sealed)

Novemr ye 19th 1716 Recd then of Wm Levingston within named forty five Shillings Currt Money being ye Consideration for ye Three Lotts within mentioned by me
John Clayton

At a Court held for York County 19th Novr 1716 Jno Clayton Esqr One of ye Feoffees or Trustees for ye Land Appropriated for ye building & Erecting ye City of Wmsburgh in open Court presented & Acknowledged ye within Deed of Release with Receipt thereon of Three Lotts of ye sd Land to Wm Levingston

Test Michl Dewick Cl Cou

(York County Records, Deeds, Bonds, Book III, pp. 204-206)

Illustration #1C

"At a Court for York County Decr 16th 1723

"In the Ejectione firma depending between Robt Faldo plt & Wm Levingstone Deft for that whereas Archibald Blair, Gent the 25th day of June ye year of our Lord 1723 at Wmsburgh in ye County aforesaid had demised granted & to farm let unto ye said Robert two Messuages one house called ye playhouse one Stable one Acre & half of land called ye bowling Green and one Acre of Garden with ye appurtenances Scituate lying & being Wmsburgh aforesaid To have and to hold the tenements aforesaid with the Appurtenances from ye 24th day of June then last past unto ye full end & term of five years from thence next following & fully to be Complete & Ended By virtue of which said service the said Robert into ye Tenements aforesaid with the Appurtenances entred & was thereof possessed until the said William afterwards to wit the same 25th day of June in ye year 1723 aforesaid by force & Arms & c into the Tenemts aforesaid with the Appurtenances in and upon ye possession of him the said Robert thereof entred and the same Robert from his possession aforesaid his term aforesaid then not yet ended Ejected expeled & Amoved & the said Robert from his possession aforesaid held out & yet doth gold out & other Enormitys to him did offer agse ye peace & to the damage of the said Robert twenty pounds & thereupon he brings Suit &c issue being joined & the Deft called and not [sic?] appearing the plt proceeded to take an inquest by de fault & thereupon a Jury to wit John Chapman &c were Sworn & they having received a deed of mortgage dated ye 29th day of May 1721 between ye sd Deft of the one part & Archibald Blair Gent of ye other part for five lots of land distinguished by ye following numbers or figures 163: 164: 169: 176 & 177 together with ye bowling Green ye dwelling house kitchen & playhouse & all ye other houses out houses & stables & thereon being to be held by Arch: Blair aforesaid the full end & term of five hundred years &c prov'd by ye Oaths of Jno Holloway Esqr & Wm Robertson Gent ordered to Consult their verdt & after sometime being agreed returned into Court & Delivered ye Same in the words (towit) We find for ye plt one Shilling damage wch Verdt at ye plts moton is recorded & thereupon it is consider'd by ye Court that plt recover his term yet to come off & in ye tenemts aforesd with ye appurtenances agse sd Deft or that his Majestys writ of Hebere facias possessionem issued to put ye plts to possession of ye premises & that the sd Deft pay unto plt his damages [amounting to (?)] one Shilling by & [Jurors aforesaid (?) assessed (?)] with Costs & Exr-"

(York County Records No. 16 Orders, Wills 1720-1729, p. 692)

Illustration #1D

[Title of conveyance from Gilmer to City of Williamsburg]

December 4, 1745

Whereas John Blair Esq: Executor of the last Will & Testament of Archibald Blair Gentleman deceas'd, by one certain Indenture bearing date the twentieth day of February in the year of our Lord Christ MDCCXXXV did bargain, Sell, and Assign unto the said George Gilmer All those three Lotts of Ground in the said City of Williamsburgh, design'd in the Plan of the said City by the Numbers 163, 164, & 169, being the Lotts and Land whereon the Bowling Green formerly was, and the Dwelling House & Kitchen of William Levingston, and the House call'd the play House, for the Consideration of the Sum of one Hundred fifty & five Pounds lawfull Money of Virginia To hold to him the said George Gilmer his Exors....for and during the rest & Residue of the Term did Commence the XXVIIIthd Day of May in the year of our Lord Christ MDCCXXI....

And Whereas the said George Gilmer for the Consideration of Fifty Pounds to him in hand paid by Certain persons whose Names are Subscribed to a paper hereunto annex'd, did Covenant and agree to convey and assign unto them all his Right Title & Interest of and in the said play House, the Ground whereon it Stands together with six feet of Ground adjoining to the said Play House on every side thereof And Whereas such persons have given and assign'd their Right to the said Play House and Ground adjoining unto the said Mayor Recorder alderman and Common Council as appears by the paper before mentioned. Now This Indenture Witnesseth That the said George Gilmer for and in Consideration of the Sum of Fifty Pounds aforesaid to him already in hand paid the Receipt whereof he doth hereby acknowledge Hath bargained, Sold...unto the said Mayor,...during All the rest and Residue of the said Term of five Hundred Years yet to come and unexpired....

George Gilmer (L:S)
Jno Harmer Mayor (L:S)

Sealed and Delivered
in presence of
John Blair Jun 2
Wm Buck
Edward Fuller
Josh Davenport

(York County Records, Deeds, Bonds, Book V, pp. 153-154)

Illustration #2

First Theatre Report

RR158101 From Frenchman's Map 1782?

Note: Only ¼ of lot #164 has been excavated.
See report on new evidence by SPM, dated Dec. 1, 1947.

Illustration #2
Lots 163, 164 & 169
First Theatre lot

RR158102 PHOTOSTAT COPY OF THE WILLIAMSBURG PLAT IN "WILLIAMSBURG, THE OLD COLONIAL CAPITOL" BY LYON G. TYLER

THE AMERICAN WEEKLY MERCURY No. 869.
From Thursday August 19, to Thursday August 26, 1736.

Williamsburg in Virginia, May 3, 1736.

"This being the Time of our General Court, the Town was last Week filled with an extraordinary Concourse of Gentlemen and Ladies; who came hither to see our Governors Sister and Son, in company with one Dr. Potter, Apothecary Gilmore, Abraham Nicholas, a Painter, and several others, put Plays on the Public Theatre: And in Acting the Recruiting Officer, and Busy-Body, the performed their Parts with so much applause, that they have already got about One hundred and fifty Pounds Subscriptions to encourage their Entertaining the Country with the like Diversions at future Public Meetings of our General Court and Assembly.

"N.B. The terms of Subscriptions are, that a Ticket will be delivered for every Twenty Shillings Subscribed."

[Note: A Major Abraham Nicholas was mayor of Williamsburg in 1736. The Virginia Gazette, September 1-8, 1738, has notice of his death. (The Virginia Magazine of History and Biography, Vol. XVII, p. 264.)

Governor William Gooch writing to his brother on May 26, 1735, from Williamsburg, mentions thus: "The last year came into the country, ignorant of the death of our Phisitian, tho' we abound with them, one Doctr Potter, he says he is related to the Bp. of Oxford, was two years at Pembroke Hall, Cambridge, and afterwards studied at Lyden under Boorhaave, where he took his degree; he was recommended to nobody, but put himself under my Protection, and having travelled thro' France, Germany and Italy talked the languages, and understands all sorts of Musick, even to composing, a Writer of Plays, and a very merry pleasant fellow. I resolved to stand by him..."

"Apothecary Gilmore" undoubtedly refers to Dr. George Gilmore, apothecary in Williamsburg at this date. His shop was located on the Palace Green adjoining the Theatre lot.]

THE VIRGINIA GAZETTE (William Parks, ed.)
From Friday, October 8, to Friday, October 15, 1736.
p. 1

[A letter to The Monitor]

"Worshipful Sir,
I Beg Leave to know, if it be decent to laugh at a Humourous Scene, without putting my Fan before my Face?
When I was last in Town, I had the Pleasure of being an humble Spectator to see the Beaux-Stragem perform'd; Where, I confess, I was highly delighted with Love's Catechism. Miss Tancrede, (who sat next to me,) of a sudden, gave me a most terrible Hunch with her Elbow, and told me, I was the most insufferable Coquet that liv'd; that she should never be able to come in Company with me for so indecent an Action, as to giggle at Archer's kissing of Cherry, without hiding my Face. I look upon this to be as gross an Affront, as ever was offered to a Woman of my Fashion: if your Worship thinks it worthy your Notice, 'twill be a sufficient Satisfaction to your humble Servant,

Arabella Sly."