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'orklhotel 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 figure 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 Lordship
said, "tat 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. EasKINE9S
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. WOOD.
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.