The British Press; or, Morning Literary Advertiser. — London, England, 1803-02-18 00:00:00

' - LETTERS UPON THE FRENCN STAGE. EPIGRAMS From the Lqlin of Oirtm. L 0 V E. ninc;pium du:cc est, tit lixis assorts cratarus. Sweet the beg'nning, better in the end, With smiles the Loves approach, but weeping go; Tl.tt: to the sea, the waters sweet descend, Meet Neptune's fond embrace, then bitter now THE MARRIED MAN'S EXCUSE FOR INFIDELITY. Of every tree in Eden's laud, It was the Owner's strld command, That ADAM left a certain one, But gave him all, save that alone! If be, thus plac'd, could not eastain, But let the Fiend advantage rain, Sure i, to one of all, who'm bound, May be excus'd, whoa tripping found ? Cho NICE. His MAJESTY, and the Duke of CVNIBERL AND, went in a travelling carriage, at ten o'clock, from the Qin.Ew's house to Kew, escorted by a party of the Light Horse. His MAJESTY, after inspehing the works carrying on there, returned to town at three o'clock. In the evening their MAJEsTres had a Concert, in which Mr. BAEDENDICK, her MAJESTY'S page, repeated his concerto on the flute. In the course of the day their MAJESTIES were visited by the Earl and Countess of CARZIaAN, the Countess of Howl:, Lady BsossysE, and several others of the nobility. This morning the Royal Family are erpetied to leave town for Windsor, where they will remain till Tuesday. The Princess MARY is indisposed with a cold. Yesterday morning his Royal Highness the Prince of WALLS visited their MAJEbTIES and the PRIN CESSES at Buckingham-house. The Miss PELNA?fS, the daughters of Lord YARBOROUGH, will return, on Sunday, from his Lordship's seat, Drocklesby, Lincoln, to their town. house in Arlington-street. The Hon. 2olonel Bestow, who arrived from Ireland on Tuesday, set out last night upon his re turn to that country, upon family business. Bond-street was yesterday extremely crowded with fashionable visitors of both sexes ; among the company, we noticed the Earl of llossmoitx, the Earl CARLISLE, Earl Gowrat, Earl of WESTMOR LAND, Earl of STAIR, Lord CASTLEREAGH, Lord TIT VIA ILI IS, Lord CLERMONT, Lord CARLTON, General TAILLETON, Colonels HANGER, BULLER,_ DLNVERS, Mr. Sr. GEORGE CAWF:ELD, Earl of POMFRET, Marquis of BLAND r o D, Marquis LOVrE, Earl of DARTMOUTH, Earl of DARNLLY, Earl of WARWICK, &C. &C. Sir Joule CocutLes beautiful town-house, in Hertford-streer, was sold last week for 6,000 gui neas, but subjea to Mrs. I.AN .Fnßn Beoor, the present occupier, to remain in the house accoraing tr. agreement for four months, which is unexpired of her term. The Hon. Mr. Emtrney left town yesterday, on a visit to his father, Died EARD rev, at Belvidere ; preparatory to his setting off for Paris, which he ex peas to perform next week. He has nn the occasion Launched last week a most beautiful chariot, which betakes with him. Mr. Poeticism and family arrived in town yes terday at his house in Portman-square. The Margravine of ANSPACH'S play, at Bran denburgh-house, Hammersmith, is farther post poned till the 21th instant. The Earl of Gin LDFORD and a party of fashion ables are enjoying the sea-breezes of Waldeshire, Kent. The Hetiourable Mr. PIERRFPOTNI and his sister Mrs. BLNTINCK, Wife to Governor BENTINCK, ar rived yesterday at the house of their father, Lord NEWARK, in Portman-square, from Calais, where they were detained for ten days by contrary winds. Lord ROSSMORE arrived at the l'ork l hotel in Al bemarle-street yesterday, from Ireland. Dowager Countess of SPENCEa was last night rather worse than she had been for a few days. The Duke of BEDFORD yesterday left town for Woburn in his travelling coach. Colonel DESPARD'S Memoirs, lately written by himself, ate now in the press, and ate said to con tain some curious facts respdting his eventful pro gress through life. Mr. COOPER, the American Roscies, is arrived in town. Mr. KEM B 1 E., like ULvssr4, will find, on his return, many wooers of his Tragic Queen. The Earl of CIWI.MONDEL-ZY is the fortunate gainer of the principal prize just drawn in the Lot tery at Paris. Viscount TORRINGTON, Mr. BOURKE, Lady LAMBERT, Lady CIiAItLOTTE WINGFIELD, and Lady A. DIGBV, are among the last arrivals at Brighton. Lady HoRT, during her residence for these last two years at Hortland's-palace, her seat near Kill. cock, Ireland, has proved in that distracted neigh bourhood the patroness of hospitality and bens o knee. In addition to her weekly distributions to the neighbouring poor, she has erected an asylum for the mair.tenance, clothing, and education of se venteen female orphans, and also a weekly allow ance to all the widows of her estate. Sir JOHN HORT, in addition to her bounty, on his own ac count, has built for the use of his cutters and la bourers, with a lot of ground annexed to each, thirty-six separate cottages, or dwellings, built with stone, brick, and lime, each dwelling with a slated covering in the room of thatch, which is the usual custom of the country, forming a complete village. This example, were it to be followed by the no bility of Ireland, would soon bring that distracted and impoverished country into a state of comfort and perfect tranquillity. The cause of the KING against PELTIER, for a libel on BONAPARTE, comes on at Westminster hall, at nine o'clock on Monday next. Mr. MAC YINTOSH and Mr. FERGU...;ON are Counsel for the Defendant; and Messrs. SLACK and GI mom, of Lincoln's-inn, Solicitors, conduct the defence. I.xtraordinary oviparous production.—Within these few days a hen fowl, belonging to SAMUEL SILK, landlord of the Old Black Horse, Sidcup, Kent, laid an egg of the usual size, of a yellowish brown colour, marked thus, “ S. S." (the initials of the wner's name) in capitals, the fig ure cif a heart, au X. and E. H. It has been submitted to the in ion of Sir Do ti BANK', as.a very extraordi zary hash natura. ~. '^ - - •.411 - • Me%sd= LAW IN77I.IIGENCE. LETTER THE FIRST. PARIS, TIC 7, 1803. I rromised'you some account of the present state of the French- stae, which is a primary objet of interest, in a city where the general passion for arts and artists is carried to so ridiculous an extent. 'There are Theatres des Art:, Cajir der tire, and every tradesman is an artist, even to the shoe-blacks, of which some positively call themselves Artistes Defrotteurs. Though thus unworthily classed, the artists of the Theatres, however, are entitled to respeftful mention. Of these Temples of Art, there are not less than twenty ; but the gent totnme it faut confine their attention to four or five only, the rest consist ing merely of Artist-Buffoons. The Theatre de la Republi7tse, and the Theatre Francais, hold the first rank, being both national concerns. At a board instituted for the purpose, the supplies to these, both of plays and players, it is understood, are seleded with impartiality. On a vacancy in any hue of a&ing, the candidates of the most obvious merit, who aspire to till it, are allowed a certain number of rights of probation, on which they perform whatever charaflers they please, in the line requisite, and are chosen according . to their success. The Theatre de la Republique is for the Grand Opera, which, I think, upon the whole, much in ferior to your's—the scenery less splendid, the stage badly lighted, and the house itself haying a very sombre effed. The singers are unworthy of no tice, with the exception 'of l.Avs, who possesses a clear and powerful voice, and executes with ex quisite taste. Their band, however, is more nu merous, by half, than your's, and apparently very select ; they also exceed you, as may be expefted, in the number and excellence of their Corp, de Ballet. At the Theatre Francais, they perform regular dramas only, to the exclusion altogether of opera and speetacie.s of every description. The first piece I saw there, was a translation from the same play of KOTZEBUE, from which you have the Birth- Day ; and prepossessed as I was with the merit of MUNDEN and - FAWCETT, in the two principal cha raders, I was much delighted with the French re presentation. The sailors were admirably sustained by BAP TISTE and MICHOT, but the genius of the nation necessarily made some difference in their style: BAPTISTE, for instance (who is a tall, thin figure) took snuff in the Captain, and the environs of his. nose were plentifnlly bedaubed with it. The tout en.rendle was a specimen of the most chaste and natural ading ; and neither their jokes nor senti ments arc given in that mode of marked appeal to the audience, which is but too common on your stage. 1 have since seen RAc !NE's Andromaque, and Vo LI- AIN e's but I cannot report so favour ably of. their tragedy. Considering the licentious vivacity of this people, it is a matter of some sur prise that there should be so much rigour in their taste ; and that, while every system of innova tion in philcs-phy which, during the last half century, has deluded or enlightened Europe, has originated with them, they have continued, as to criticism, under servile subjeaion to the laws of the ancients. I had much rather the case had been reversed; that their innovating genius had exhausted itself in the flowery field of poetry, and let phibsophy alone: and this particularly with reference to the rules of their drama. Vowrirrnt; wistrwaged in cessant war with every kind of prejudice, has been a champion for the unities; not without principle, it must he owned, but, in my opinion, upon very feeble ones. "It is an absurdity," says he, "to wish to make the spectators believe that the stage, during the same play, is at one time a temple, and at another a forest." It is an absurdity, I answer, to wish to make them believe that the stage is ever either the one or the other:—but the imagina tion will admit it. To this extent imagination must govern, and the licence it must have, in either case, appears to me to be nearly equal. May we not also with equal facility, imagine a day to transpire in an 2.41, as that an hour is passing of the last century? It is surely prejudice only which forbids the former supposition, whilst the other is permitted. It would seem, therefore, that these rules are of no other use than to give ie poet the merit of sur mounting difficulty. But how does he surmount it? In general he appears to me to be in the situation of a traveller, who would wade through a bog to avoid a forest, or hire a chaise and four to save the ex pence of a stage. DEN N:1, in his rerria:ks on Cato, which ADDISON piqued himself on having construct ed in stria conformity with these rules, has shewn how much greater absurdity may attend the o!ser vancethAn the breath of them; and D NIS'S strain might he indulged on most of the French tragedies. In ilsulromaque, Orest:s arrives at the court of Pyr rhus, charged w ith an embassy from the Greeks.— The scene represents a temple, as usual, (and the identical scene stands here for every tragedy) where Orestes first eaters with his friend Pylades, and talks to him about the ()hie& of his coming. Instead of being introduced to Pyrrhus at the palace, to dis close the subjea of his mission, Pyri hue comes to meet him in the temple, where he is promenading with his friend. a reception not very decorous from a prince. In the same place Pyrrhus pays his ad dresses to Andromache ; its the saute place, Orestes pays his to Hertnione; in the same place Hermione, frantic with - rage, and with the most furious gesticulation, which all the world might observe, commands him to kill her husband. Situations of a similar .nature (which Voi:mike has confessed) are to be found in (Edipe; and, in short, in perhaps every tragedy written upon the same plan. Their difficulties then cannot be said to be surmounted, as recourse is had to gross and striking faults, merely to avoid such as appear to be only imaginary, and, at any rate, of little importance. With regard to time and place, reason must give up the rents to imagination, but in the progress of the action, reason may preserve her guidance. In taking advantage of all the li berty she allows in the former points, the poet might avoid offending her in the latter: whilst in accepting but of half her licence in the fit st, he offends her as to all three. Are there then, 'I may be asked, no limits to this licence? Assuredly.—But these limits arc not to be determined by rules. Every body perceives among us, and every body revolts at an outrage in this re sped, as in the Winter . ' Tale; and I do not see that the matter is referable to any nicer standard than this , :-oire of every body. At any rate, the laws by which the French would regulate it, appear to square with no principles to be Zeduceil from riana. . couRT OF KING'S BENCH —f . ts .11:. • Sitting: at Nui Nita. MILLMAN again:t TUCKER. This was an aCtion to recover back :he sum of 601. which the Plaintiff had paid to the Defendant for a barge, it proving leaky, although the De fendant had warranted it perfelly sound. Wm. Perry, a lighterman, gave in evidence, that he was present at the sale; that Mr. Millman asked, what that water was ? pointing to some in the bottom of the barge. Tucker replied, it was rain-water. Millman asked if she leaked ? Tucker replied she did not ; he would warrant her free flora /cab, and ier vicrable for two year: to come. This witness, upon his cross-examination by Mr. ERSKINE, being asked if he had not been imprisoned a twelvemonth; for altering a coal-meter's number, refused to answer, being told by Lord Chief Justice ELLQtsastoucu that he was not obliged so to do. Perry further said, that the barge leaked very much in one day and night ; that, by - Milltnan's order, he towed her to the Defendant's way, where his other barge lay, and there moored her in a proper man ner. This testimony was corroborated by Wm. Crouch, Perry's apprentice, who also said that he was present.when Millman remonstrated with Tuck er that the barge leaked, and was not, according as he had warranted it, free from leaks ; upon which 'fucker replied, you had your eyes open, and 1 don't care any thing about warrant'. Three barge-builders proved that there was only a small leak, which they would have undertaken to have stopt iu one hour, and for the trifling surd of five shillings; they though; the boat worth between fifty and sixty pounds. On the part of the Defendant, only one witness was called, Mr. Lefort, also a barge-builder : he re paired the barge in May last, and received for so doing 171. 9s. Bd. ; he thought her, after the work bestowed'upon her, fully worth 551. or 561.—he him. self would have given that ; he said a leak was a matter of course even in a new-built barge. Lord ELLEN BogoucH, in summing up the evi dence, told the Jury, that these were the only consi derations : Ist, Whether there was a warrant, 2dly, Whether that warranty was substantiated The Jury found a verdi*t for the plaintiff for 601. damages, and 4os. costs. After the Verdia, Mr. ERSKINE took a Bill of Ex ception against his Lordship's direCtion to the Jury, respeCting Ferry's evidence, in which his Lords hip said, "t at he was bound to tell the Jury, that the denial of the witness, Perry, to answer the question respe&ing his commitment for altering aCoal-Meter's ticket, under the prote&ion which he (his Lordship) was bound to give to a witness in such a case, threw no manner of discredit upon his testimony I he himself should do the same in a similar case." Lord Et ra.l - OUCH took down the words from Mr. EasKINE 9 S notes, assented to them, and expressed his hopes that Mr. Easans a meant to go on with his Bill of Excep tion ; as a Judge's diration was not to be lightly called in question. PLANT V. W OOD. This was a qui tarn action for usury. A person named Atkinson took the Bull's Head public-house, in Hungerford Market, which had been in Meux's trade: but wanting money, Mr. Wood, (who is a brewer) offered to advance what he wanted. At kinson wanted 721. is. and on the 23d May, 1801, called upon Wood, to borrow it ; which he hesitated to sloonless Atleeson gave him a warrant of attor ney, to enter up Judgment for the sum : Wood also said, he would charge something more than legal interest, as he could make more of his money. On the 12th Dec. following, Atkinson repaid the money, and Wood took three guineas for the interest. Some time afterwards, Atkinson called on Wood, and told bins, he had taken too much ; Wood replied, " It was our agreement that I should charge more than common interest ; 1 have but one guinea more, and I shall keep it." Elizabeth Atkinson, his wife, who was present at the loan and payment of the prin cipal and interest, fully corroborated the testimony of the preceding witness. On the part of Mr. Wood it was contended, that the overcharge originated solely in a mistake of his clerk, who reminded him to charge one guinea for the warrant of attorney, when it had been before chard 11. Ils. Gd. in the general account. To prove this the clerk was called forward, who swore that the day on which Mr. Wood expected Atkin son to come for a settlement, he had calculated from his interest-book the interest upon the 721.31. for the time it was lent, at 21. 21. 6d. and, forgetting, through the hurry of business, that 11. Ils. 6d. had been already charged for tire warrant of attorney, he had reminded Mr. Wood to charge one guinea for it ; which made, with the interest, .31. 3s. 6d. He said that, upon Atkinson's calling upon Wood, and telling him of the overcharge, the latter took down his - ledger, explained the mistake, and offered to return it, and aetually tendered a one-pound note and a shilling, which Atkinson refused, saying, he would look over his books, but never returned. Upon the cross-examination by Mr. Garrow, this last witness swore that he was present when the set tlement took place between Atkinson and Wood, and that Atkinson had a little red book in which the whole account, as stated in Wood's Ledger pro duced in Court, was entered ; this testimony being . confronted by the identical book, totally confuted the witness, who had shamefully equivocated, and at length swearing diametrically false, he was order ed to quit the box, and as he was the only material witness oii the part of Mr. Wood, the Jury found for the Plaintiff, with damages according to the -statute, namely, three times the principal suni, 2161. 9s. and 40s. costs. Wednesday a Committee of die Corporate Body cf LONDON CLERGY waited upon the Loan MAYOR, at the Mansion-House, with a Copy of their well grounded Petition, intended to be presented to Parlia ment, fur some increase of revenue to the .50 churches which were rebuilt after the fire of London, the sti pends of which were found so small, as to make them the objeCts of Queen ANNE'S very limited SJIERIFF'S bounty. Lyra ft rr R E.—Perhaps a stronger proof of the growing taste for literature in tins country cannot be adduced, than the following : at a laxe auaion of books, not one hundred miles from Hull, tic: audioneer put up a diftionary of the Malay Tongue, in the Malay and English characters ; a person, who appeared to be no more than a common► day labcrarer, came into the room at the moment, bid for the book, and to him was this precious marceau knocked down--:for one shilling ; which he pub licly sleclared Irls all he lead to spend. .. - Before SAM= COLLEN RIDGE, Jo ItY. SMITH, W. i. DL This was an inquisition of dame ) cause in which Spencer Smith, bassador to the Ottoman Porte, Sydney Smith, was Plaintiff; • respectable livery-stable-keeper Defendant. Mr. Coo RTOP P stated the case Plaintiff, whom he represented an injury from the Defendant, insult with which it was accumpal tiff, whose town-residence was 1 the use of a four-stall stable and ce yard immediately adjoining the premi Deane, who conceiving that the Plaintiff's carriage was in his way, took every opportunity of quarrel ing with the servants of the Plaintiff, and speaking degradingly of their master. On the day stated in the decleration, the Plaintiff's coachman and groom had put the horses to the carnage, and Nle. and Mrs. Smith were full dressed, ready to proceed in it to the Levee at St. James's. In the mean time, the Defendant contrived to draw the carriage cre his own premises, after which he severely beat the Plaintiff's groom with a switch, and swore he would now have satisfaaion. The boy went crying into the house, and the Plaintiff's butler went out to enquire what was the matter. The Defendant said the carriage had no right to be where it was, and, damn him, hnt he would have satisfaction. He was asked, What satisfaction he required? He replied, he would see Mr. Smith. The butler returned, and related the transaaion to his master, who declin ed having any thing to say to the Defendant. Mr. Deane ffew into a violent passion, and swore the Plaintiff should neither have the carriage or the horses again. He accordingly ordered one of hit servants to drive the carriage to the Green-yard, and there leave it. The consequence of this unwarrant able proceeding was, Mr. Smith and his lady were obliged to content themselves with a hackney-coach for that day, and the Plaintiff was afterwards under the necessity of hiring another carriage and other horses. He had brought the present action of tro ver to recover the value of the carriage and horses, which the Defendant had so unjustly and insolently withheld, and ample damages for the insult he had received, and the inconvenience he had been put to. The Learned Counsel urged the humiliating state tc which the Plaintiff and his lady had been reduced by the violent condat of the Defendant: for a lady of fashion to be compelled to go to Court; or to pay visits in a hackney-coach, was .so degrading, that scarce any damages could be deemed an at compensation. He trusted the Jury would give those which should have the effect of preventing the Defendant ever being guilty of a similar offence. The witnesses for the Plaintiff, consisting of his butler, groom, and other servants, exaaly confirmed the statement made to the Learned Counsel. Mr. ESPINASSE addressed the Jury, for the De fendant. He observed, that the behaviour of the Plaintiff's servants had been uniformly direaed to his annoyance in his business. They had repeatedly placed the carriage in that situation which precluded all access to his ride and stable-yard. He had fre quently remonstrated, but without effeet ; and at length ending the coach and horses upon that part of the premises which was exclusively his own, he had ordered them to be driven to the Straw-Yard, conceiving he had a right to do so. The instant he discovered he was erroneous in his opinion, he made that proposition to the Plaintiff, which no Gentleman ought to have refused. He offered to return the carriage and the horses in the same state as when they were taken ; to pay all etperrees, and reasonable damages for the inconvenience sustained; and further to make a suitable personal apology to the Plaintiff. But no : this overture was net suffici ent to satisfy the wounded pride of the Ex.Ambac sasador. He insisted upon haiing a formal apo logy, signed by the Defendant, and inserted in all the public newspapers. This the Defendant, with that honest indignation which became an English man, rejected.. It had often been said in the Courts of Westminster, both at the Bar and on the Bench, that such an apology was unworthy a gentleman to ask, or a man of honour to submit to. It was a sort of degradation which no Briton ought to yield to, let the rank of the party requiring it be what it would. The Defendant was still actuated by those sentiments which first induced him to make the li beral proposition he had offered. He was willing to return the horses and carriage, pay all expences, and make a reasonable compensation, but against vin dictive damages he protested. The Learned Coun sel stated, that in actions of 'Prover, if the thing de tained could be restored in statu quo, it was all the Plaintiff had a right to require, save moderate da mages for the temporary deprivation of it. It was not the province of a Jury to give vindictive da mages, for the purposes of healing the imaginary wounds inflicted on false pride and self-importance. The Defendant had merely taken a step which he thought necessary to the assertion of a supposed right. It turned out he was mistaken, and he was willing to make every reparation in his power. It was much to be regretted that the brother of the brave defender of Acre should have endea voured to make an action of law the medium of crushing and ruining an honest and worthy trades man, who never, for a moment, felt the least per sonal resentment towards him. He could call wit nesses to prove that the Plaintiff's horses, at the time they were driven to the straw-yard, were in that condition which rendered it impossible for them to do any work, but it was not his wish to go into this evidence. The Delendasse was desirous of pay ing the damages actually sustained, to the uttermost farting. All he regal:vet of the Jury was, that they should not give vindictive damages. Mr. Corrarorr contended, that the Plaintiff was entitled to damages, not only for the injury, but for the insult. 1 • 1 , Mr. Coinatrarnor said, his duty would nit al low him to put that point to the Jury. In an action of 'Prover, a Plaintiff could only be entitled to th& restoration of the thins detained, and the a& a 1 loss sustained by The detention of it. - the Counsel, It was at letgth agreed between without going to the Jury, that the horses, harries , ,, and carnage should be restored, and that the De fendant should pay the sum of twmty guineas, as a compensation for the inconvenience and Spence to which the Plaintiff had been put by the detention of his property. A considerable number of persons %clouted, to hear the distiascaa of this iaquhitieft. i . . f •••• Ar 4 . .~ eakt • "- : ESQ. and a SPILCIAL . )E4t:4 E. mages, awarded in a Esq, the late Am... • . and brother of Sir and Mr. Deane, a in Bona-strdet, was se on the part of the d as having received aggravated by the panied. The Plain- in Bond-;trect, had id coach-house in a he premises of Mr.