The British Press; or, Morning Literary Advertiser.
London, England, 1818-08-15 00:00:00

THEATRE.

INAYSZARICET.
. The comedy of Who Watts a Guinea? -was last
night represented. • Wholly improbsble-in plot—
extravagant in character—and mawkish in f
ment—it would not, though abundantly provided
with clap-traps, have kept even the Flight possession
of the stage which it has hitherto niuintained, were
it not for the excellent acting that has, from time to
time, been displayed in it—and, on Ire occasions.
has a greater portion of talent been comprised in
the cast of the dramatis persoa.z, than we last
night witnessed. Mr. W•ani appeared, for the
first time, as Barford. The character is of
The Stranger species—but Barford's passions are
not so frequently nor so powerfully called into
action. Mr. WARDE supported the part with
great judgment its the level scenes, and with a
proper degree of feeling in those where passion
is elicited. His interview with Torrent,in which he
narrates the history of his misfortunes, and conclude.
by demanding his long-lost daughter, was placed
iii a forcible and affecting style. The part, alto-
gether, does not afford scope for the exhibition of
great talent. But. judging from Mr. WARDE'S per.
formances, circumscribed as his exertions necessarily
were by the nature of the character, we think his
Peurstddork, or his Stranger, would add greatly to
his fame. We doubt whether Mr. TERRY'S The-
' teat could be equalled by any performer on the
stage. It has all the kindly warmth—all the honest
feeling—all the undissembled affection—of genuine
hearty benevolence. Mr. FOOTE, who is the picture
of good-humour, gave prominence and effect to
honest Farmer Heartly. His opposite, Farmer
Hogaiore, was very appropriately confided to Mr.
Bu aTON, whose sour words and vinegar looks, were
pet fectly in unison. When the two formers appeared
on the stage together, they put us in mind of a
frothing pot of porter and a cruet of verjuice
placed alongside of each other. Mr. LIPTON'S
Solomon Gandy was a rich piece of fun mill
fully. Mr. Jousts, as Sir Larry Mae Mur-
ragh, supported the part of the Wondering
dandy with much humour sod vivacity. Jonathon
Oldskirt And Andrew, Bang, were Amusingly "'ewe.
.rutted by Messrs. Wsextnsots and TORE LT. Tile
scenes of egnieoque between the former mid Tor-
rent were remarkably well played. Miss Coax-
LAND and Mrs. DAVENPORT, as the young and
old housekeeper. acquitted themselves greatly to
the satisfaction of the audience.
The house was very full.

ENGLISH OPERA.

The entertainments of last night attracted a
fashionable and full audience. We have trequently
before borne testimony to the merits or the per-
formers, in the opera of Free and Easy, they are so
well known and appreciated, that it would be su-
perfluous to particularize them. Last night they
were beyond all praise. In many parsagre,
parti-
rulatly in the bustle and preparation for the birth-
day fete, in its celebration, and the denouement of
the story, almost every word uttered was attended by
a correspondent laugh. In the new operetta of
The Baits Head, which follower!, Mr.War.ncsi was
fully as efficient and happy as in the former piece;
his metamorphose (runs the officer to the waiter was
admirable. and complete for the time, except
when it was very naturally chequered by the ir-
repressible familiarity of a favoured lover with his
mistress. The vulgar, self-applauding, imperti-
nent. retired Cit, was most ably pourtrayed by Mr.
WiLattosom. It is a very asuusing little piece,
and produced an infinite quantity of merriment.
The histotical ballet of The Death of Captain
Cook was witnessed with an uncommon degree of
interest—an interest, without doubt, in great mea-
sure excited by the melancholy recollections at-
tached to the name of its brave and unfortunate
hens. The pantomime, however. possesses many
independent claims to favour and approbation; and
if the plot were altogether imaginary. we a►e
persuaded the piece would be successful. The
delight and noisy exultation of the savages on
rece►ving the trinkets, beads, &c. from Captain
Cook, were very appropriately expressed by the
Indians. The trio of Ching-chit-gnaw, in the
second act, by Miss 1. STsexissoN, Misr LOVE,
and Mr. AVILKINSON, was very much admired. Of
Mrs. PINCOTT'S performance of Rmai, it is impos-
sible to speak in too handsome terms. The wild
transports of Enrai's joy on being made possessor of
the mirror, the pleasure, the raptures she enjoys
in gazing at her own image, her gratitude and of
for the Captain, her solicitude for his pre-
servation, her tender and anxious pains for Isis re-
covery. and her subduing sorrow for his fate, were
all represented by Mrs. PENCOTV in such a manner
as to leave nothing to be tinned in the perform-
ance.

The Duke of IVELLINGTOM has become a dis-
tinguished collector of pictures. He has Islely
insole many valuable acquisitions nu the Continent,
particularly in the Flemish School. rlos Grace has
desired that a gallery for the reception of pictured
may form a principal feature in the inatision to be
erected on his Parlannentary estate.

The funds are upon the decline. The three per
cent. Consuls at one o'clock yesterday, were down
to 76i-1. Some politicians anticipate a derangement
in the present state of things, from die conduct of
the United States in respect of the Floridas, and
the execution of Mr. ARBUTIINOTT. This is the
only explanation that has been offered for the fall
iti the binds.

An Independent privateer, which is now crnising
between St. /twirl° und Bilboa„ is the terror of the
whole of that line of coast. She mount► 32 guns,
mod loos a crew of Ito men. Among the prizes ►he
has tliketa are a ship from La Gnayra, richly bidet,
with cocoa, and a chasse-mar..e, which was pro-
ceilling from Bayonne to Billion, with more than
200,000 francs in specie on hoard. On the night
or the /3111 and 261 h, ►he made an attempt to cut
out from the port of St. Ander° a vriorl which wit,
ready to sail for Lima, but did not succeed.

Wednesday !•c'iiiiight, an explosion took place in
WuUpend Irwrat.tle, by %Inch one moil
and two boys were killed. and another Well
geroulay burnt. The accident arinm floss§ th.. 1,,,
who held the " Davy" ladling with it, and injuring
the lamp.

t~`.

LIM INTELLIGENCE.

COURT or Cil tNCERY, Luccoives-hrit,
FRIDRY, AUOtliT 11.

DRURY•LANE THE ITRE.

The Court was crowded at all early hour to hear
this important case; amongst whom we perceived
the Earl of Yarmouth, Mr. Peter Moore, M.P.
Mr. Wilson, Mr. Calcraft, M.P. Mr. Alderman
Cox, and several other proprietors of the theatre,
and a great her of theatrical persons belong-
nag to the different theatrer.
The Loot) CHANCELLOR came into Court a'.
half-past nine o'clock.
Sir Amnia PIGGOTT said, he was Connie) fist
the Defendants, the Sub-Cianmittee of Drury-
lane Theatre, and on their behalf he had to move
his Lordship, that the injunction in this case
which had been granted should be dirolved. He
had not seen the injunction, but he understood
the substance of it was to reatrain the Defendants
from reopening the theatre, and from making any
new engagements with performers.
Sir SAMUEL ROMILLY said, he thought he might
save the time of the Court by making a preliminary
objection to the present application. The injune.
tion was granted opium the Sub-Committee, con-
sisting of five, and this was only the motion of three
of that Committee.
Sir ARTHUR PIGGOTT said, two of the Sub-
Committee had resigned--Lord Yarmouth and Mr.
Walpole. The former had put in his answer ; but
it was impassible to get the answer of Mr. Wal-
pole, as he was not ill the country.
' The LORD CHANCELi.OR—" The Plaintiff*
certainly have a right to lee the answers of all the
Defendants before the motion for dissolving the in-
jnuction comer on. The injunction shuts up the
theatre, which may be of the most serious chise-
, (pence,. It cannot make much difference whether
the motion conies on this day or to-morrow."

Sir SAMUEL ROMILLY observed, he had no oh.
jection to him Learned Friend then going lido the
merits of the case—but how three could answer for
live lie did not know.

Sir A. PIGGOTT then moved that the injurirtioa
should be dissolved. He stated that his client., by
the rule laid down by the Court, that only
• lie
Counsel on each side should be heard, had heel'
deprived of the valuable assistance of other Cortt -
se! which they had tettlitied. lie had applied hors
eelf with all the assiduity in his power to become
master of the circumstances, and he found
the affidavit of Mr. Henry Robins, and the teo
Acts of Parlitunent, were the only thingstleat re-
(poked the particular notice ar his Lordship, notie
of the oilier seven Plaintiffs made any affi-
davit. Thule eight persons, calling themselves
the Select Committee, had taken on tlintot'Lvr4
great powers, but on looking into the Acts of Par-.
Iminent, he could not see hew they were veste•l
with them, fur lie could see no authority for such a
Committee. The bill preyed that an accuuot
might be taker' of debts due to performers ill 't
other persons, that is, that the account should be
• taken spinet the five Defendants, for the crop-
"hition was not before the Court. it WISP an
application to shut up the theatre, without en
affidavit sweariug that it would be injurious
to the cmieern to open it, except at the end
of Mr. Robins's affidavit, that if the Sub-Coin-
mittee continue to carry it on, it may be in-
jurious to the Proprietors, and on this may
the Count of Chancery was called on to act.
There was no doubt but great loss had been SW,
tinned, hut not in the time of the uremia D• fend-
ants being in office. His Lordship was asked to
direct account, to lie taken of the debts due to
performers and others, at the same time that the
Plaintiff., by their bill, chewed there never was
case where it was less called for, as they say there
never were uccoutite better kept than those of tine
theatre. ft watt, in fact, calling on his Lordship t •
order a sum of money to be raised to pay off tee
encumbrances. His Lordship would see that the
house, property appertaining, and the appurtenance..
were vested in the corporation, and not in the tire
Defendants; and then his Lordship was asked the(
en account should be lakeis between the Kee-
tiffs (eight corporators) and the Sub-Corninatet•
(five other con-orators), when there is no persou !kit
would take such au account. It was the mast ex-
traordinary plan he had ever head of, if there WI4
not a job at the bottom of it. To relieve them from
their difficulties, his Lordship was asked to shut
up the theati-•_., and to spread an established cmit-
pany of comedians about the world—to force some
across the Atlantic, where, by the bye, they did
'not get much encouragement ; others to Ireland,
Scotland, &c. There was something extraordinary-
mu the conduct of these Pleintiffs, sourethilig th.it
could not be understood, sometliiug above or belie'
human understanding, and that no one could •x.
plain but themselves. This was not the bill of the
creditors of the theatre, hut of eight corporators.
There were other persons besides the corporation
who hind an interest is the theatre. The r, lifers,
who had rent charges on the theatre, which had
been consumed by lire, and which amounted to
3,7501. pgr season, they having compromi.ert their
claims to be paid Is. 6d. per night of perfermance,
with the privilege of a free admission. It N.lb the
same care with subscribers ; fur every person ! old.
tug five shares was entitled to a free admiabloti by
the Act of the bid of the Kilig. He would ask,
where were these renters ?—were they parties here?—
had they been cousulted he-fore the apelinition for
the injunction had been made ?—or had they Leen
asked would they consent that the theatre should
be shut up, and the performer. digpeered ? I.lle
theatre was indebted 80,000/., 44,000/. of allot'
were bond-debts; thole cieditors bud un intere-t 111
the theatre, brit they were not before the evert.
The private boxes were let on Irm.r., prenomil
being paid, and 3.300/. hurl biro raised ih.i.
which went to diminisi, the 30(1,000/. first I.itsc•l br
the authonty of Parliament. H_•se thine lert..lr
the boxes been committal ? If the% have, till) ll'r
nil their Co -seat been reduced to the Coto, that
they are willing to pay ti eir money at the inn''
the theatregtthsesiii.,it.
re„gnansitis.t.„%helviiiii,jelaiortfhtelyiltriciteCes..
for ? It wa- the lieu titn. h. had ever I eard,ahele

there were such i.wineroti% AN that g liwore
w •s asked to Ili cloerat without the coo •t'
ei.t of tho
Rut materially interested. All hr (the 6-.." ed
CoUlittl) had hitherto stated, only sent to i.rner

rights ; le to truldie onoib the Lord ChaneellOr
could not legislate Of suspend the acts of the Legis.
Titters more than any other person ; he had no more
rower than the most humble individual in the lead.
An allegation hail beets throtris out that the Sid).
COolllllre was not I legal Committee; if so, why
did not the Plaiutiffr throw the mils on the Court of
King', Bench, aa they were ,a corporation, and
Apply for • wtit of quo searreatO to remove them,
they not being legally appointed. The Act of the
30th of the King, authorihing the building of the
.theatre, provided • corporation aid a common
teal, with the power of raising 300,0001. by sub-
scription, and Mad tor power to rinse money beyond
that sum, and that ten persons who were named in
'the Act were to. aceiM aGeiseval Committees they
to associate themselves with eleven more, to make
theta a Committee of twenty-are, with power to
change seven of them Annually, and the way of
thanging them was s most extraordinary One. The
tpentymue names were put in • box. with •
wheel, and the first sena names that were
thrown oat were dismissed from the Committ„,e
without any consideration being paid to whether
Illey were proper or useful persons; so it
occurred that the most valuable members of
the Committee were got rid of. It was .found
this would not mower; and in two years efts".
muds the Legislature was again applied to, and
'wisher Act sussed. by which only six of the Grate-
rs' Committee were to go out, and that by ballot,
and thee were to be replaced by six others, also
chosen be ballot, and the election was to take
place three mouths after the closing of the theatre
for the person. The General Committee, or no..
'tyro °elitism. were to ,ppoieti the Sub-Coormie-
tee. they being proprietors of live 'drams. which
frob.Comminee was to have the sole management
of the theatre. Those election* were to be laid be-
fore
the Getters! Assembly of Prourreton b r %heir
approbation, and they were laid before them, and
approved by them. The Geiteral Assembly then ,
had the right of approving or di-approving of the
six nee mrmbera that serf elected ausnisl4, 'hey j
might hare returned Air. Robins, or any of the other
eight Plaintiff, and 'hey might have voted out the
',orient Sub-Committee; but while they continued I
tio the intuition. the Act s.f rarhaulent gave
them the general mauageineist of the theatre. If i
it had been air office of severe duty, he would
ask, why they had Circled Noblemen to it, who
could only add lustre by their naines being amongst
the Committee? Ice there had been any mien's.
nagenirsit they themselves were to blame, for had
not the General Committee approved the Sob-
Comm tire, rod could net the Gesiend Airrertiblv.
according to their charier. have changed the Ge-
trend Committee three time* 'over ? Why then
brim( • di tig- itgaisibt tittle five. Gernlesnen, the
Defendants, when the theatre had her* better ins.
sexed Ism season, than it ever hod Solaro Tiwre
were three trustees beside, who could 'trot be teamed
out of their trust, without they were to cease to
five shares There was a curious circuinstaace
OM+ atton:ted his mincer, .Nat the Mess-
Nets of the berretta Committee were eligible tf
theta only held duvet:hares, but that the SubrCore•
win rat em,,.1 their power fruits thew. 111114
base See shares. The three toseestes were the Duke
of Devi:ashler. Mr. Peter Moore. and Mr. 1)oo.
Kiss; the two hotter were Dafessolauta, as belonging
to ow soh-47 min.e, bet his Grace the Duke
of Devonshire was ant before ilw Court or he had
not been made a party. The 1111111 ft% headmaster-it.
were ant accountable for any meow, but what they
received, and no arrouniablir fur oily oc:a hut
their own. He (the ',rimed Counsel) had not been
told %that were Ulf fOll4/011fIst parts of the theatre
that could be sold to pay off the debts of
80,000/. Theri certainly were some leases of
boar* that might be sold, atone small terse-
enemy. SSW froit.etalia. belorigiug to the
theatre, bet the Plaintiffs had not condescended to
tell what they thought might be sold. flay say
the capital is expended ; this hr did slot deny; but
there was the house, the wordrubeTscestery, itc. and
that. in fact, wait the capital. His Lordship would
bear um his mind, that this theatre had the 'auction
of a patent. and then what sumer was to br given
to the public if A was to be closed. and they de-
prived of the representation of the legitimate drama?
He would ask, what answer would be given to en.
tenoning meta applying far a patent to build on.
other theatre, if the potent of this theatre was allow.
rd to toy dormant ? said that there were such men
there could be 'aro doubt of, sod those would
take advantage of the theatre being closed. His
Lordship would bear in his recollection, that the
debts of the theatre had occurred before the De-
fendants belonged to the Sub-Committee. This
case was not like that of • canal, which was in a pro.
greosive state and the funds misapplied, for here
the theatre wits finished. The Plaintiff* state, that
before the 10th of June in the preeent year the
theatre became embarrassed ; and at a General
Assembly of the Proprietors, a Select Cotitottlter
were appointed to inquire into the difficulties. How
the General Assembly could sesame the authority
to appoint such st-Committee he was et a loss to
know, stud on the 28th July this self-created Com-
mittee geode their Report. he would state it at tenth.
for not one word of it ought to be loot. as it would
shew the presumption of men acting from a motive
not yet defitted, and that no law or legislative act
could keep in hounds.—(For teis Repose. sea Ma
Paper of the t94A sj Joly.)—The estrosing.of the
Report Illets was. that the house was to be elated
moil the 17,000/. was raised, to pay certain cre-
ditors 10.. us the ouitioul, which did slot include all
the creditor.; fur loa. in the pound would only pay .
34,000/. when the debts were 80,0001.; sod to
catty this into effect, they had applied to she Court
of Chancery. The system of 'management was to
he changed—the Sub.Cominittee was to be die.
missed. If they wanted this, they could only ob.
101,1 it by applying to the Legislature, and not to
the Court of Chancery. Town that • proper person
was to he appointed as the sole manager, except as
to the ortui.ey affair, which were to be meisaged by
a Committee 11p11111111rd by the General Assembly.
Ile %mild ask, then, was not the Act o/ Parliament
dead letter, if such felolllllooll were mode a law
by the General Assembly ? Ti,",t however, op-
in-red quite iliffrent from shutting up the Amon,
Tait 'hewed that it was to be opened urukr another
"I"oeirenietit besides that provided by Act of Par-
liament. This wee to all intents and !Airtime*
leg'slittlig for themselves. The PlainUlF. Mr.
Locker and Mr. Ellis, uuderstood those things,

. ; .
mid illeY would find PisAllllleeeo who would answer
their purpose. This Selma Committee also had
engaged George Culossn, Esq. to be the sole
manager. They perhaps thought this was the
best way of disposing of the theatre; if it was their
own they might appoiut Whom they pleased, hat
what could the Sub-Committee say to a subscriber
or his widow, if they were to accede to such an
estrandinary proceeding as that of appointing an
individual to have the whole &saunal of the theatre ?
The person named to have the management might
be the best qualified in the world, bet what right
had this selfecrested Committee to give hint the
appointment, when the Legislature said the ma-
nagement should be vested its the Suls-Committee?
II was alleged that there were great opportunities
given to person belougisig to the theatre, to get
articles from tradespeople. This was denied by
the ph:reel Sub-Committee. and it was hard to
visit the conduct of former .Committees on the
present. It had also been alleged that a great
number of orders of admittimice to the theatre had
been issued by the Defendants. This was denied
by the Sub-Committer, for they say they netted
than wee ever issued in a season before ; and
what they did give, they were advised were for the
benefit of the theatre. The answer of the De-
tandems admitted that the theatre was embarrseted,
and that it was so in 1814, occasioned by silent.
hone of the theittw, which amounted to 17,0001.
which at the time was well kriowit to the sub..
scribers. He (the Learned Coaosel) thought the
allege:imps of the hill completely answered. ,al-
though it w .• ulleged that the Sels-Cosninittee was
riot properly chimers according to the Act of Per.
hutment. as atter they were chosen they were tint
subinitied to the Goitre' Assembly fur their ap-
I
The loan Is there any thing
in the Act of Perliameet that says they must ?"
Sir ARTHUR PIGGOTT. In continuators's, said he
hail breu, I ”Itiog i..to the Act of Parliament, and
could not flu *brie it was etipulated. There was
I as specific charge of mismanagement against any
of the Defirsidesits. They denied a wish of eaglet-
tug a greater number of laiformers Shills was ince,-
I soy, or to give twin greater salaries. They did
out deity the embernimusents of the theatre. hut
• they say they coo open it with 1.000/. and that Mr.
Peter Moore was ready to advance that sum. There-
! fore he trusted that his Lordship would think there
was uo necessity for continuing the iijusection, and
that his Lordship would not take up the wild
scheme of the self-cleated Committee, close the
tbeetre, dismiss the Sub-Committee. and seed the
performers adrift. If the Plaintiffs found throe-
selves aggrieved, they might apply to the Legisla-
ture. He hoped it would not.be neces•ary for tom
to have any thing to say in reply. but that his
Lordship would &native due tojunctiose
The Leto CHANCELLOR ihrta retired from the
Court for Italian hour ; on his return—
Su A. Ptaesorr said, he had forgot to state, that
the rent of the theatre, which was paid to the Doke
of Bedford. with the taxes. was 3,0001. per an-
num, which must be paild.abother the theme, was
open or clueed thertemas. Wes the interest of the
baud debts. which must The SaleCom-
miller had entered into .116111110-aow esigagemeists
with peitorniers,7_ ewe walla dgia.Cubitt. and the
other with Mr. Stephen goalde. as manager, at
**slaty of 4001. lot the SIMISSSII, with 10 per cent.
on the net proereelsof the profits.
Sir S. R01111.1.T..-." I am Counsel. my Lord,
for the Plaintiffs. who obtained the injunction. and
I will tyke up as little of your Leirdship's tune as
possible. not near as much as my Learned Friend.
for he had a most difficult task to perform. I hate
nothing to complain of as to the regulati tttt of your
Lordship, that only one Counsel of a side *hunkd
he heard, or of the length of arguineut of my
Leotard Friend. but I have to complain of the
spirit of it, a spirit of ill•boasoor which generally
does not belong to him. He told your Lordship
that we were actuated only by motives to cover a
job, without venturing to mentims what that job
was. The fir.t objection he took was the want of
parties; it is nut neceesery for mato say a word iu
answer, fur it is kn now that those parties could be
added by to-morrow, and that this motion might
be coosidered as only part argued. lem surprised
that. say Learned Furred could be so angry, fur it
is contrary to hie general good hutnoar. I will put
the case in a. narrow a compass as possible. It is
the bill of eight promietort, filed not may or
themselves, lust for the majority of their fellows,
against the five Defendauts, the Sub-Co ttee
of the theatre. My Learned Friend asked why
those eight should be selected as Plaiistilfe. It is true
they were the Select Committee. not authorised cer-
testily only as they were approved by the General
Assembly. Why my Learned Friend eelected the
mimes of Mr. Ellis owl Mr. Cocker fur his walked-
sermon, limited of Calrraft and Lambe, I do not
know, escept that they are 'solicitors. which reminds
me of a story of a Welsh Judge. who looking over
the hit of trials, said, a I asp sure this case won't
list long, for it Is a rich attorney against a poor
widow.' Mr. Cocker is not a plaintiff, and Mr.
Ellis is the solicitor in the cause. The statement is
a short one—the Plaiiiiills waist to redeem the thee-
Ire, and my Lrerned Friend calls the proposition
monstrous. I beg. before I proceed further, that any
thing I shall soy must not be taken as casting the
least imputation on the Defendants, who I have the
greatest respect for, but they cauuot complain if
they pot themselves in a situation that they were
never inteudcd to shine in. Oise of them is it great
politician ; another is a Solicitor of great eminetice.
who I ant always happy to call my Learned
Friend. They might be able to sway a sceptre, or
rule kingdom.; but I doubt if they are capable of
managing a theatre.—'llten what does this amount
to? We want to get rid of the Secretary of
State—the Lord of the empty Treasury—and the
Lord Chancellor, who presides over the claims of
creditors. We acknowledge our opposition so far. I
can tell my Learued Friend that all oppositions are
not actuated by the motives generally ascribed to
them. We du not charge the IDefendants with any i
corrupt motives, but I will say that 1 have disclosed
to your Lordship the whole secret of the job."
The Loan CHANCRLI.OII-.." I seppose the great
real sin the bonds of the five ?"

Sir SAMtlet. IteIITLLY--" I do not know, my
Lord, but the keeper of the conscience (Mr. Will
boo) must be snuck disturbed, if the creditor* of
the theatre ore very clamorous= and they must be
the quietest set of creditor* its the world, if tbey

•
• •-
• •
are not. lIN ,Tert COP on their own answirs.
It was stated, that in Mr. Robins's affidavit he said
that the theatre way sustain great injury if the
Sub-Committee are allowed to continue to act. It
is not so, for Amy, well er
Sir ARIIIOI PIuDOTIN.." It is slot so in the of.
flee copy of the aftielevit."
Sir S. Rossit.mr—.lYou are certmiuly ;
but it makes no difference, for without the affidavit
I shall be able to skew that s greet issjury must he
sustained. For ever since the year 1812 the theatre
has been going on with great loss, except one sea-
son, end the debts now amount to 80,0001, and
they were increased very much in the last season.
It is true they were 60,000/. before the achitimstne-
t of the Defendants; but have they not ill-
creased it since, and hack- not been's losing con-
cern ? Then. take it in the language of my
Learned Fein's!, we want. to shut it up to put an
end to the loss; seed is it not better to do so now
than when the debts are muck terser I—are there
hopes that the triumvirate will redeem it I My
Learned Freesed is eery grave, sod there is also a
very grave gentleman behin.l hien (Mr. &totem), who
soya lee will lutetium 1,000/. tee open the theatre,
and that lee had done it Where. It was like the
man who proposed to pay off the national debt with
10e. 6d. What wa. the cousequence of Mr. Moore's
advance of 1,000/. last season it was au addition
to the debt of the thruster, 'of several thousands of
pounds. Let the creditors go on with their suits,
and get execution.. The public ins,' go anel see
the performer., but that *lnch ought to be be-
hand sheen, and always was cumsidered a necessary
appendage to dram etic performance., would be
absent, the ii,vnery, Ste. What we propose is, to
make an arratigenient with the creditors before
the devote is open, and we swear that we hare,
under the authority of the General Assembly, e,,
terra into a compromise with creditors to the
miscount of 34,0001. and that they have agreed to
take 10s. in eke pound, which would relieve the
theatre of the encumbrances which were pressing,
but that the certifiers refuse to treat node, mice
existing cirCunistmoices. It sevens lreful to my
Learned PrWriel, that the majority of the General
Assembly ;should sty it was not adrigible that the
theatre should open atoll thj. arrangenereet was
made. It is certainly true that utiliser say Learned
Friend nor myself are in the habit of paying much
ettreetion to majorities. Your Lordship well bear
in your mend, that the engagement to pay off tho
don of 33,000/. ors on Iffreonelition that it should
be paid before the theatre opened. I take it to be
quite clear. that the General Assembly ha. the right
tie draw all the authority from the Sub-Committee.
I do not mean the first Seib-Committee, tor they
could hind the other Proprietors ; hut this present
Sien-Comenitter, this trisemvitste, mown, for they
ire not authorised as a Sub-Committer, which I well
chew, for they weer server approved of by the
Gene-
ml Assembly after they were elected by *teen
of the General Coe ttttttt ice; and the twenty-fourth
clause of 'the Act of Perlrement says, Hurt in
fourteen cloys alter such election they enlist be
approved of by tier General Asueeislil,, oho have
the power iii approve or reject ; and the 34th clause
of the wine Act. enuring( to the rubstitution of
Members or the Sub-Costsupetee, says, they mutt
be elected es hereinbefare-mtotioned ; and there hes
not been our of the Sub-Com ttttt tees, except the
first, thee was approves, of by the General Assem-
bly, and never had the anirob4iillll of the Proprie-
tor'. and, of course, were
The LORD CHANCEL I.OR—" IVbat lens beeirthe
practice as to tile appointment of the Sub-Com-
mittee uuder 'Act I"
Sir A. PICOoTT—" The approbation of the
General A;seiniely never was taken but in tier first
instance of the Seib-Committer lieeog siirpoisited."
The Lone CIIMICaLLOII—" It makes the case
very important it the Sub-Committer, for the last
live years, leave nut been regularly elected to eke.
management."
Sir S. Rom twr —" Now I will she* how the
Sult.Cenuenittee stood. Lord Yarmouth seed Mr.
Walpole have resigned, and tier three remaining
continue tome' as if they had full powers."
• Mr. ‘VXTHERSLL--" They are so authorised by
the Act of Petliament."
Sir S. RuStibtv—" If Mr. Wetherell is allowed
to interfere; 1 must insist that Mr. Bell shall be
also heard."
Mr. Waxosext.s—s" I thought I heard the
snood of Mr. Bell's voice first ; I only wished to
draw your Lordship's attention to the perticular
words of the Act of Parliament."
The LORD CRAlNtliLLobt—" There is no part
of the Acts of Parliament that shall escape tae;
and if I keep you until nine o'clock at night, rimer
of the parties can complain. for there was a specific
contract made with me ise the House of Lords.,
that this theatre should eerier get lilt° the Court of
Chancery."
Sir SANIVEI. ROMILLT—" The two I have men-
(lolled hoer given notice or their resignation—that
is, they are only no ttt itt ally Sub-Committee men,
but the other ihree are proceeding to reegage per-
formers. Ido not say that three out of five could
not act ; but these there would be a majority, sod
the proprietors have the right to leave the °pillion
of the five in every case; one of the PlantifTs. Mr.
Lambe, who had 'been one of the Sub-Conimitiee,
now asks your Lordship to put an end to that
Committee, and states it as his opinion, that
it would be better governed by being under
the control of one unfettered manager. Ilia Learn.
ed Friend was quite euultry that Mr. Lambe should
have given such an et ti tt ism, but that wore not to be
wondered at, as he was now supporting ate aidminietra.
Bose who would not allow people to give their opi-
nions. Much has been said as to the rune and distress
of the perforinera, but that inter can take place while
there is a generous public. We will do as much,
nay more to assist them, than any other set of then
will, but he memo support them at the loss of
7,0001. per animist: It is not, therefore, beam*
performers Of great merit will be put out of em-
ploy, that yobr Lordship will allow this theatre
to protect.. There ia 10,000/. due to the perform-
ers ; let that sum be paid to them, and they will
be satisfied to *lit until after Christmas for the
theatre to open. My Learned Friend says, it is
oar intrusion to go use ; hut otir job its to dethrone
these monarchs, or &reboil of five. lam willing
to give every thing to bun, mod he may take it as
such; for it is necessary to the welfare of the
theatre that chef should be removrd. I trust, as
your Lordship sat" there was cause grout the

•
junction, that you will see that it ought to be con-
tinued."

Sir ARTHUR PIGGOTT replied. and denied that
he hid mentioned the mimes either of Mr. Cocker
or Mr. Ellis, will! soy intriitiini of disrespect, but
if the theatre was closed, Ciiveitt-siiirdeo the Ate
would be much benefited by it. Ile did tint say
Mr. Ellis was a large proprietor or -Crivent.gardesi
theatre, but it was whispered mI t that Mr.
Robins was ; and it was also well known that he
was an auctioneer, mid would have no objeetiou to
sell Drory.laue theatre at auction, 3nd there was
no man more capable of puffing it oft to the best
advantage. The Learned Counsel m ole a trust
excellent reply, which five are sorry our limits will
not allow US to give. •
The LORD CIIANCEI.I.OII—.. I will look into the
Acts of Perlianietit this evening, and also the bill and
answers. and give yon my oi • to. row, if not,
CM Monday. As to the oinecti iiii of want of jurors,
this has been the case in the Opera-I se, and all con-
cerns of this kind, but it is impossible to get at them.
The encuMbrancers certainly ought to be heard.
If this Sub-tumn►ittee was not properly elected. it
cannot legally act, for by its acts it cannot bind
the corporation. If verforrners engaged with them,
they could not come on the corporation, but they
might come on the Sob-Committee. Du not let me
be understood in they are nut properly ap-
pointed. If they are properly constituted, the Plains
tiffs are the persons who appointed them, for
there is no power for any oilier persons to act.
On casting my rye over the Act of Parliamelit,
I see no power given to tier General Assembly, ex.
crpt over the first Suit-Committee. Then, if the
Act has tint given the corporation the power of ap-
proving of the Defendants, their power is gone
altogether. The only case brought to bear oil this
has been those of cattails, where the Legislature
had nuthorired bodies to raise large sums of
money. in which case the Legislature has always
confined them to a certain suit; and if it was not
sufficient for the purpose, this Court would mint
allow them to put it to any other use but that in-
tended by the Legislature. Rut let the ;Wirer in this
case lay where it mar, this Act says they nut., go
out with the performances, otherwise the patent iota
nullity, and the ;totem has been the unmet' to all
persoila applying for permission to build a theatre.
I must have a few hours to look over the papers be-
fore I give my decision, and if I do lint give it to-
morrow, I will communicate it to the parties on
Monday morning."