The Sun.
London, England, 1831-01-14 00:00:00

COURT CIRCULAR.

The Duke and Duchess of CUMBERLAND left town yes-
terday for their residence at Kew.
The Spanish and Mexican Ministers had interviews with
Vi.COlint PALMERSTON yesterday at the Foreign Office.
Prince TALLErnasn, the French Ambassador, I,fi
town yesterday for Brighton.
. _ _

The President of the $o ird of Controul, and the Pay-
master of the Forces, visited the CHANCELLOR of the Ex
CHEQUER yesterday, at the Treasury.

BRIGHTON, JAN. 13.

Their MAJESTIES drove out yesterday, in a carriage and
four, with outriders, and returned to the Palace at four
o'clock.
.•
Prince LEoroLn walked on the West Cliff, and rode
through several parts of the town.
Count and Countess MUNSTER and Sir HENRY SEATON
had the honour of dining with their MAJESTIES. Colonel
Fox arrived at the Palace yesterday.

On Monday last the LORD MAYOR gave a
grand entertainment to several of the members of the Cor-
poration and some of his private friends, and on Wednes-
day he entertained the members of the Royal Entertain-
ment Committee.

In the Court of Exchequer yesterday morn-
ing, the Cuter BARON announced his intention of retiring
from public life. It may therefore be presumed (as an
Evening Paper remarks), that the arrangement by which
it was intended, on this resignation, to restore Lord
LYNDHURST to legal office as Chief Baron, will now be
completed.

A ward meeting of the inhabitants of Far-
ringdon Without will be held to• thy in the Inquest-room
of St. Andrew, Holborn, " for the purpose of petitioning
the KING to extend the Royal mercy to the misguided per-
sons capitally convicted under the Special Commissions."
DEATH OF THEHON. MISS LOUISA KING.
—.With feelings of sincere regret we announce the death of
the Hon. Miss LOUISA, KING; youngest daughter of the
Right Hon. Lord Viscount LOIS.TON, in the 19th year of
her .acre, at Newcastle, in the county of Longford, where
sbe bad removed for change of air, after a partial recovery
from that distressing disease, the pooping-cough. By this
distressing dispensation of Providence the Noble Lord and
his estimable family are plunged into the deepest affliction.
—Dublin Paper.

Dr. PIIILLPOTTS, our new Bishop, made
his public entry into Exeter thii day. About one o'clock
his Lordship was met, opposite the workhouse, by the
boys and girls of the Blue or Bishop BLACKALL'S School,
where the elder boy delivered an address, and, according
to a plan recently introduced by Mr. Rum (the Ap-
paritor), they were arranged on each side the carriage,
and attended it to St. John's Hsspital. Here, at the house
of the Rev. Dr. COLLYNS, Head Master of the Grammar
School,: the Bishop was received: by the Mayor and
Chamber, who accompanied his Lordship to Broadgate,
where he was met by the dignitaries of the Cathedral,
who, preceded by two constables with maces, vergers, &c
and followed by the Apparitor, was conducted to the
Pal ice, where his Lordship will await the mandate for his
consecration, which, if it arrives to-morrow, as expected,
the ceremony will take place on Wednesday.—Excter
el/J..7yd.

The forthcoming Satire, by the Author of
" Pelham," entitled " The Siamese Twins," is, we under-
stand, of a mixed nature, consisting partly of the singular
perplexities arising from the inseparable connection of two
human beings of opposite minds and tempers ; and partly
of ridicule of existing manners and personages in divers
classes of life. The Twins (supposed to have grown rich
and retired from the toil of exhibition) become the "lions"
of the day—are patronised by Lady JEllSEY—introduced
at Almack's, Holland House, the Court,.&c. The work
will contain also many references to late events—the ac-
cession of the new KlNG—the change of Ministry—the
impostures of ST. JOHN LONG, and other themes of con-
versation.

The following requisition for a meeting of the
inhabitants of the North Divison of the Lathe of Aylesford
has beer( numerously and respectfully signed :—" We,
the undersigned, owners and occupiers of property, within
this district of the county of Kent, viewing, with the
greatest satisfaction, an Administration pledging itself to
act upon liberal principles of Government, and declaring
its reliance to be upon the confidence and support of the
people, respectfully and earnestly request the attendance of
the inhabitants of the North Division of the Lathe of
Aylesford, at the City Repository, Rochester, on Tuesday
next, to take into consideration the propriety of petitioning
the Legislature in favour of a Reform in Parliament, as a
measure that will be most conducive to the real interests
of the country."

PARISH OF ST. PANCRAS.—At a meeting
of rate-payers in this very extensive parish, some time
since, a Committee was appointed to inquire into the
abuses of the Select Vestry, and they prepared a state-
ment, showing that the expence of supporting the paupers
in the workhouse amounted to 7,6521., but that the sum
actually charged to the parishioners by the Vestry was
13,4.75/. The Committee also complained of ether charges
which they considered had been improperly made. The
statement of the Committee was taken into consideration
at a meeting of the Vestry some days since, and they pro-
mised to institute an inquiry into the allegations of over-
charge ; and that when Mr. lionnousE's Bill shall have
been printed and submitted to Parliament, they will give it
all the consideration which their duty to the parish may
require.

NEW TELEGRAPH.—It is proposed to esta-
blish in France public telegraphs, for the conveyance
throughout the kingdom of communications between mer-
chants and other persons. A new telegraph, consisting of
four lamps, and of course capable of being worked day
and night, has lately been invented for the purpose. By
a recent experiment it appears that in ordinary weather
this telegraph can communicate between three and four
signals a minute—that is to say above 200 an hour. 200
signals comprehend above 500 words. It is practicable,
therefore, to forward, in an hour, at least ten communica-
tions, each of 12 or 15 words ; a number sufficient for
important intelligence, when brevity is indispensable.—
Literary Gazette.

FERDINAND THE BELOVED.—I almost fancy
you will suppose I am jesting when I tell you, that while
-- and I were walking last night in a very extensive
garden, about a mile from Madrid, to which all the world
has access, we met, in the most distant and retired part of
it, that most redoubtable tyrant FERDINAND VII., who
is supposed in merry England scarcely ever to trust him-
,self out of his Palace, and never without all his guards at
his heels ; he was walking accompanied by a single gentle-
man, and not a guard within a mile of him. All this is
truth—plain truth; and I could tell forty other things as
incredible. I have seen much of Spanish life, in all ranks
of society here ; and from an introduction I obtained
through , I have gained a great deal of informa-
tion respecting the KING, QUEEN, and Court ; things
which, though in themselves of little value, give zest to a
honk, and are much prized by a certa;n class.—From a
correspondent of the Atlienceum.

CONVICTS AT WINCHESTER AND OTHER
PLACES.—The petition on behalf of these unfortuate men
from the pariah of Clerkenwell, was signed by upwards of
2,000 householders, within six hours, and was presented
by deputation to Lord MELBOURNE, Secretary of State,
yesterday afternoon, at four o'clock, who promised to
transmit the same immediately to the KING.

On Monday evening, about eight o'clock,
two barns full of barley, a barley-rick, and a wheat-rick,
the property of Mr. JOHN RAXWORTHY, were set on fire
by an incendiary, and entirely consumed, at Upton Lovell,
near lleytcsbury, Wilts.

DREADFUL SUICIDE.—Yesterday evening
an inquest was held at the Duke of York, York-street,
Mary-la-bonne, on the body of Mrs. AMELIA KIGIITLT,
tire wife of a solicitor residing at 10, Cumberland-place,
New-road. It appeared that the deceased had been sub-
ject to epileptic fits front her infancy, which produced im-
becility of mind, which was aggravated by a series of
misfortunes which she and her husband had met with.
All their goods had been sold off under an execu-
tion, and for the last twelve months they had neither
bed nor bedstead, but slept on a mattress. On
Tuesday last the deceased seized a razor, and cut her throat
through the carotid artery and windpipe. She was only in
her 28th year, and had twice before attempted self-destruc-
tion in consequence of the reverse of
.fortune ; a short time
only having elapsed since her drawmg.room displayed an
organ which cost 300 guineas. She brought a large for-
tune to her husband ; but when the execution was put in,
all her wearing apparel was even seized. —The Jury re-
tarned a verdict of " Temporary Derangement, occasioned
by extreme distress."

IMPORTANT THEATRICAL CAUSE.

VICE- CHANCELL OR' S C 0 URT, JAN. 13.

PATENT THEATRES—Mr. ARNOLD'S PETITION.
The argument on this subject was renewed this evening
in the Vice-Chancellor's Court, before the LORD CHAN-
CELLOR, the VICE- Citasweririou, the CHIEF JUSTICE of
the COMMON PLEAS, and Mr. Justice hams PARKE.
The Souccrort-GERP.rtAr, resumed his argument in
favour of Mr. Arnold's petition. In reply to Ivitat had
dropped from his Lordship on Tuesday evening, he could
assure the Court, that he had not been fishing for the
secrets on the other side from any idle curiosity, but be-
cause, whatever impediments were to be thrown across his
path had been studiously concealed, and because he felt
that he could not satisfactorily discharge his duty to his
client if he were net able to force the other side to reveal
what their case was, or unless he could induce his Lord-
ship
to order them to produce their case ; or, at all events,
to afford him the advantage, in reply, of commenting en
their silence. The position which he had endeavoured
to force on his Lordship's attention on the previous
evening was, that two distinct patents had originally
been granted by the Crown, in order to insure to the
public two distinct Theatres ; and, in fact, it might
he said that thoee patents only amounted to a patent
of inhibition towards the rest of the world. It there-
fore appeared clear upon this head, that any alteration
of the spirit of those patents would be their viola-
tion ; and if he could show that that had frequently
taken place, he conceived that the arguments on
the other side must necessarily fall to the ground. But it
would appear, according to Cibber's account of the matter,
that not only were those patents altered with the consent
of the Crown, but that there came a recommendation from
the Crown, which amounted to something very like a com-
mand. If, then, this was correct, what became of that
part of the petition of the present patentees in which they
put forth that their patents were so inviolable that it was
not even within the power of the Crown to infringe them ?
On this suiject, however, he should find it necessary to
refer the Court to a work, which might, in theatrical mat-
ters, be likened to " Justinian's Institutes" in legal mat-
ters ; and as he knew that this latter work had been lately
urged very forcibly on his Lordship's attention on a sub-
ject which hardly seemed open to it—being neither more
nor less than a question concerning the three per cents.—he
had some hopes that his theatrical Justinian might be of
service in informing the Court of what some of the facts
and the principles of the case before it were. In Cibber's
Life, that author observed that the rival establishments
thought it wise to buy hint on the principle of his being
a scarce commodity, and they therefore gave him thirty
shillings a siveek ; and yet, notwithstanding this, the corn-
pany was so far from full, that they were obliged to beat
up for volunteers in distant counties. Betterton and
his party were afterwards honoured with an audience
by the King, who graciously dismissed them with an
assurance of relief and support, and they were in con-
sequence empowered to act for themselves ; to for-
ward which a new theatre was built at a considerable
expence, which went by the name of the Little Whig. In
another part of the same work, he also stated that it was
thought right to consult the law authorities on the sub-
ject; and they were of opinion that no patent could tie
up the hands of a succeeding Prince, if he chose to grant
another. That, in fact, was the whole of his (the Soli-
citor-General's) argument ; for Mr. Art old's petition did
not put his claim as a matter of right, but merely prayed
for it as an act of benevolence on the part of the Crown.
And, after all, what did the pretended inviolability amount
to? Originally two patents were granted for too distinct
theatres ; but, in 1682, the two patents were joined toge-
ther iu distinct violation of their purport and intent ; and
this not for the; benefit of the public, but in order to
insure a more effectual monopoly. Thus, then, they had
a complete answer to the petition on the other side, both
in point of law and in point of fact. If it was true that
one of the two patents had been suffered to lie dormant
for nearly a century, how could it be urged that they
had never been violated ? And their Lordships would
find that it was on this very argument that King William
granted a patent to Betterton. But what was the next
step in consequence of this ? Why, that there were quar-
rels without end between the parties, and that in the
time of Anne the patentee was absolutely obliged to
succumb to the mandate of the Lord Chamberlain; for on
its turning out that the patent was exercised in a way un -
palatable to the actors, application was made by them
against the patentee to the Crown, and the Lord Cham-
berlain was applied to to redress their grievances. The step
which the Lord Chamberlain took was to send an injunc-
tion of silence to both patentee and actors ; and obedience
was thought to be so absolutely imperative, that the theatre
was shut up immediately, the actors dispersed, and the
patent was not revived for seven, eight, or nine years.
What had the other side to say to the inviolability of pa-
tents after that ? In the time of George I. the same sys-
tem was acted upon, and no manager could be found then
who presumed to talk of the inviolability of his patent.
In that reign a patent was granted to Steele; so that this
thing, which, it was contended, was inviolable to all eter-
nity, went through all these numerous changes in the
course of the very first century after it had been granted ;
and at length so little store was set by the right of patent,
that the theatres were found playing with licenses. What,
then, were they to think of a petition which did not rest,
as Mr. Arnold asked, on the ground of the goodness and
benevolence of the Crown, but which absolutely came for-
ward to state that the Crown had no power whatever to
comply with the prayer of the counter-petition ? Nor
let it be said, that, in stating this, be was bringing for-
ward a hypothetical case; for he meant to contend, that
he had rather under-stated than over-stated the nature
of the petition. When they came to consider the circum-
stances connected with the prayer of Mr. Arnold's petition,
they were bound to look at what was the state of the
town now and what it had been when it was deemed
that two patents were sufficient to supply its wants.
Let them consider for a moment how enormously the po-
pulation had increased, and then deny, if they could, that
such an extension of the numbers called for an extension
of the means of amusement. Nor was the increased
amount of population all that they had to consider : they
had also to take into the account the increased taste
of the people, and the additional relish that had been im-
bibed for theatrical entertainments. Nor was even this all.
Let them regard for a moment the extensive suburbs that
surrounded London in every direction, and recollect that a
family now, through the improved condition of the roads,
and the improved convenience of public and private ve-
hicles, was able to go to the theatre from Highgate or
Hampstead with as much facility as they could have formerly
gone from Charing-cross. Surely it must be for the public
that he was speaking ; for it stood to reason, that if the
increase of the population did not justify the increase of
the number of patents, Mr. Arnold's project must fall
still-born to the ground, and produce him no beneficial
results whatever ; all that he could hope to do in such a
case would be to play to empty benches, and his musical
performances would assume the shape of a wall lecture.
But the petition of the patentees of the large houses, stated,
that it was the great expence of spectacles and other shows
that involved them in, such ruin, so that, with the greatest
exertion, they were hardly able even now to hold their
heads above water. As a matter of feeling, no one would be
insensible to such a statement ; but in this case, what they
had to look at was, what would most benefit the iaublic;
and indeed, if such an excuse avers once to be ad-
mitted, it would become, in the hands of an art-
ful monopolist, a most successful argument for re-
sisting any possible increase or alteration in the con-
dition of his patent. But the real fact was, that
a great deal of the distress felt by the managers, and
still more of the annoyance felt by the public, was owing
to the want of competition. Let them once have competi-
tion, and the public would no longer have to sit in houses
which made comedy worse than a farce, and turned tra-
gedy into bombast and fustian; for, unless the actor pos-
sessed the voice of a Stentor, and the muscles of an Ajax
or a Hercules, it was beyond his power to make any im-
pression on the audience. Surely such a state as this was
not a wholesome state of timings ; and, what was still
worse, it was produced by this very monopoly that the
petitioners were praying might be continued. For why
was it that the house was built so large ?—simply because
the population had so increased that, were it smaller, it
would become so crying an evil that there would be no re-
sisting a change; and, therefore, in order to have room at
all, they were obliged to commit all this outrage on com-
mon sense and common propriety. But a vast number of
calamities were set forth as likely to arise from enlarging
the number of patents. Now he could not at all admit
that all these calamities would happen, or that they were
so great as was pretended. In the first place, who was
there who would take upon himself to say, that in their
full season, when Parliament was sitting, and when the world
of fashion was in town, that there was not room for a
third theatre, especially if that third theatre could live, as was
proposed by 3tlbnra.
tat Arnold,
übnyde
r which being . conducted
the pen
, roesnat
inure
national
ra-
tionaltheatresPl4Were sinking? But perhaps it might be said
that this plan would be so successful, that the other
theatres would he deserted. That was quite another affair:;naa
and he could not wish for a better position to show how
necessary competition was for the purpose of supplying
the public with that quality of amusements which they
ha 1 a right to expect. In hie opinion, so far from in-
juring the two theatres .that already existed, the granting

I of a third patent would serve to purity their piesent mis-
takes, and render the whole more generally attractive. At
all events, 'Mr. Atrchd must go upon this principle; for
unless he did, it was griite cleat that he would he a beg-
gar in five years ; and he (the Solicitor-dearai') there -
fore trusted that, on both public and private groiiti4s,
their Lordships would think that ills client was not to be
debarred from that grace aid ftta-ettf of the Crown for
which his petition prayed.

Sir E. B. SUGDEN said that he followed on the same
side. He apprehended that the question before their
Lordnips rase, not whether Mr. Arnold was to have the
prayer of his petition granted hire, brat whether the Crown
had the power to grant that praj.-ef.
The LORD CHANCELLOR said that that was the ques-
tion, only somewhat more general, to be understood. Ge-
nerally speaking, it was whether any of the conflicting
rights and claims set up by those against the prayer of the
petition were such as should preclude the Crown, either
on the ground of the petition or else, freen acceding to its
prayer, if his Majesty on other grounds was inennt.d to
comply with the prayer of Mr. Arnold's petition.—(The
Vice-Chancellor whispered the Lord Chancellor.)—He
did not see why, as his Honour stigraested, he should not
read the letter he had received on this subject it was
from his Majesty's Secretary, and ran to the followi4
effect :—" I am honoured with his Majesty's commands
to transmit to your Lordship a petition from Mr. Arnold
to open his Theatre on a new plan, provided his original
license of placing through the year should be restored.
The Lord Chamberlain having declined to decide on this
proposition ins consequence of a petition to a contrary
effect being presented from the Patentees of Drury-lane
and Covent•garden, his Majesty is desirous that your
Lordship should take into your consideration both those
documents, that you may advise his Majesty whether Mr.
Arnold's proposition can be acceded to generally without
any violation of the assumed patent rights of the two
Winter Theatres." From which it would appear, that
this did not preclude from their consideration, whether any
increase of patents was inconsistent with the patent rights
which had already been granted.
Mr. HARRISON was desirous of saying something on
the point of expediency.
The LORD CHANCELLOR thought that the Learned
Counsel had better state his whole case at once; for he
had had a communication which justified pins in saying,
that Isis Majesty was desirous that the whole case should
pass under revision.
Sir E. B. SUGDEN observed that on the question of ex-
pediency the matter assumed an entirely different aspect ;
and he did not know that he could do justice to his client
in it, because it involved so many questions. It was im-
possible for him to argue his right without incidentally
touching upon his fair claim of equity and expediency ;
but the general question of the expediency to withhold or
grant a patent for playing throughout the year was quite
another matter. He, therefore, should withhold his argu-
ments on that head, unless the case on the other side
should require an answer from bins ; and in that case he
trusted that his Lordship would allow them time to pre-
pare themselves before they were called on to reply.
The LORD CHANCELLOR—CertainIy ; there shall be no
surprise; and I should think it was rather the interest of the
other gentk men than your's to examine into expediency.
Sir E. B. Suonlitc--::He felt some difficulty in knowing
how to address himself, as a lawyer, to the case now before
his Lordship, for he would frankly confess that he was not
aware of one-twentieth part of the case ; and such facts as
he had were meagre and not vouched for. In the first
place they had to consider in the abstract what was the
right of the Crown over a subject of this nature with re-
spect to what had already been granted or might he
granted. Then they had to consider the nature of the
patent already ,:ranted, and that naturally led to the con-
: sideratiou of the acts done by the parties and the Crown
from the time of Charles 11. down to the present period;
and then he should make a few observations to show that
the grant was not on the parchment on which it hail been
originally written. On such it subject as this it would be
in vain to look into law books, because it was coeval with
the power of the Crown itself. In Lane, p. 26, which
was an information against Bates in the Exchequer, it
was laid down that it was a prerogative in which hitherto
there was no prescription, for every prerogative was as
ancient as the Crown ; and in this case it was evident that
the right must ever remain, for the purpose of putting
down, from time to time, such abuses as crept in. Could,
then, a man, who held such a patent, thus lay claim to it
as property ? No ; it was simply a purchase, or rather, a
sight that allowed, instead of giving the power to do the
thing itself. The Learned Counsel proceeded to say that it
was almost nonsense to think that these patents were such
as to prevent any future Monarch from exercising that con-
troul that was really necessary for the preservation of his
subjects' morals. Might not the Theatres get into the
hands of the dregs of society, the most immoral characters,
and even children, wino would be perfectly incompetent to
manage the Theatre in such a way, as to conduce either
to the amusement of the visitors, or the good keeping of
their morals. Would his Learned Friend, in supporting
the opposition made by his clients, go so far as to say that
a monarch, who was, indeed, specially appointed to guard
and protect the manners and morals of his people, could
not, in consequence of a grant worded in a most illegal
manner, and depriving future Monarchs of their preroga
tives, remove assurances caused by the possessors of those
grants. The Crown, however, he would not say, had a
power over the actors who performed in the theatres. Cer-
tainly not. It was the theatres themselves that it had un-
der its controul ; and he contended that it could either re-
movetedi e
or
the augment,
as was necessary ; for their dangerous
great amusement which they afforded. In
Queen Elizabeth's time, a great number of the best actors
then living were taken into the Royal service (which, by-
the-by, was no disgrace, or forfeiture of independence),
clothed in a livery, and in some measure considered as sub-
ject to the authority of the higher officers of the Royal house-
hold. This, however, was not absolute authority; and in
o
geri who had been guilty
of
suede some
casenou
soned in consequence,
n
obtained his discharge.
sret contumacy,a
ir n i
s actora bea nameds
n ri
Corpus, Do
was g e
ip
ar
This, however, he only mentioned to show that it was not
in the power of the Crown, and never had been considered
as such, to restrain the actors in a mere than ordinary
way, or to possess an exclusive (exclusive of the right of
succeeding K 440 power over the Theatres. So it was
that he considered the patents, which set up that power,
not worth a farthing. No Monarch, he would lay down
as a truism, had a right to bind his successors in any act.
In one of the patents the extent of the area, on which the
Theatre was to be built, was not to exceed forty-seven
feet square. But the taste for the drama had greatly in-
creased since the time of Charles the Second, and weak
must be the Monarch who could suppose that he had
power enough to limit the amusements of the subjects of
i side) but an exclusion of
future Monarchs, and restrain their theatrical taste to a
few feet. And what was this grant to two Theatres (as
it was set up
by the opposite
other Theatres and opportunities fir gratifying the people.
If Charles the Second made a grant to a certain individual
a
that his present Majesty could not make a
grant
persons to do similar things ?
rnd r, hist
to
r etassigns,oeti,deer
d p enabling them to do a certain thing, could
it be n
The Luny CnAreceer.ost—Certainly not, but then the
second grant must not he made and acted upon so as to oc-
casion injury to the first franchise.
Sir EDWARD said, that he knew that, and one of the
questions, supposing he was not successful in his other
arguments, on which, however, he placed great reliance,
would be, whether or not a grant to Mr. Arnold would be
injury W the grants made by Charles the Second. He
said not, as he contended there were plenty of persons to
benefit each of the grants. Ile, however, was only argu-
Counsel,proceededto aftergive
ing the abstract right of a monarch to make grants, to
the prevention of his successors exercising their preroga-
tivsslight history hfoisrtosry of
ometee
uin this
way in which the statute of the lOth Geo. H. cap. 22.
was brought in. It provided that no person should play
without he had authority from the King or the Lord
Chamberlain, and clearly showed that never was there any
intention to restrict the power of the King. He then said
that he should snake a most material objection to the pa-
oe.The
point,Lea
tents in themselves. ']'pia Wild what they monopolized, and
as such came under the famous Act of James 1., which
declared that no person should monopolize any trade
or manufacture, but that all the King's subjects
should be at liberty to make, sell, or buy them. It would
he contended, however, that the theatre, or the occu-
pation of a manager, was not a trade, and that it was a
mere matter of amusement, in which buying and selling
as to make profit, did not take place. He apprehended
that the contrary was the case. The manager paid car-
penters, painters, musicians, and a number of artizans,
&c., in order to bring out those dramas and entertainments
which the public paid a certain price, that yielded profit
to the manager to be admitted to view. If, then, Drury-
lane and Covent-garden did this to the exclusion of other
persons, he contended that they monopolised, and that the
patents were perfectly void under James I. In the famous
card-playing case it was contended, that the cards being
for amusement, could not be considered as articles of trade
or manufacture. It was, however, proved, that the ma-
terials,
—ea, were bought and sold ; that they were made
the subjects of trade, arid consequently they were held to
come under the denomination of trade.
The Loup CHANCELLOR said, that the grant made to
the College of Physicians was held good.
Sir EDWARD laid, that was before the passing of the

Act. He then proceeded to say, that the patents were
give❑ by Charles the Second, in consequence of the name-
. rous play-houses that wets ~et up in and about London,
much to the disadvantage of the riblic morals; and that
it was clear the patent was only fur his Rfstime, and given
.fd do swziy with the other house. The expression., " and
these ttiid alone shall be opened for the representh-
tion of Tragedy, Corned,') or cll.)/ dramatic piece whatso-
ever." It did not say no Mot:ft!: hereafter shall have any
the theatres but these ta-o ; and he theitfote should con-
tend that illegal construction could be put titioti the
words, and followed L'p;
_ _

LORD CHANCELLOR—We ail .7now we must not take as
text what a Monarch alone puts down.
Sir EDWARD said certainly ; and went on do o e that
King Chalrles's intention was apparent, as the latter Wottls
would preclude anat other theatre, let it be Winter or Sum-
mer, from opening.: 'this, hoWelter, had been done con-
tra:T to the words. fbernselVes of the pafet:t, as the Olympic,
for instance, had represented dramas. The Italian 9pera
had done the same some time back, and insisted on its
right to perform Italian Operas, which ceded to it,
by a treaty between the patent theatre race it.
It was nothing, they, Sttt a mockery for the patentees to
make their present oppositiott. It was stated by Cibber,
tlmi, in I liS I, a junction of the theatr..s took place, which
was reCOntruended by his Majesty himself. It was agreed,
in fact, between KiPiFrew and Betterton, that the two
patents should be united; at-d considered as one. at
profits of the theatre were to he :!!'Shied. Three pounds,
each day that a representation of any fft,:intsk took place,
wcte to be given to Killigrcw, his heirs, and assighr, for
the patent whin he had given up. From this peti-
tion on the other side, it appeared thut this junction had
continued for one century, during which the other theatres
opened, in consequence of such union. Whet was the
effect of this union ? He should say abandonment—ron-
usal itself being abandonment. In Coke upon Lyttle-
ton, it was :mid that there was an implied condition in all
grants of franchises, although not expressed, that they
should be duly executed, according to the purposes of the
grant. 13ut be would contend, that the patents had not
been used according to the pprposes rt!...ich they were
granted. In consequence of some complaint Made. of the
violation of Crie agreement concerning the house, :king
William had granted atiother patent to Betterton, and so
had other theatres received patents for twenty years each
time, on which he would sty, that they had been acting
for some time. What then became of the monopolizing
patents set up, which had been acted against for a long
time ? Why had their importance not been called into
question before; or why did the proprietors bring them
forward now, and expose their worthlessness and illegality,
when they might have been considered, by being concealed,
of great value !
Sir Edward was here stopped by the LORD CHANCEL-
Lon, and asked how long he would be before he concluded
his speech ?
The Learned Counsel said three quarters of an hour.

The LORD CHANCELLOR intimated then that it would
be better to adjourn, and stated that he had then received
papers from the Lord Chamberlain's Office, from which it
appeared, by a petition sent up by Betterton against the
patentee, that the incorporation of the patents had taken
place in 1692.
Mr. 11ARRisoN said they had applied to tho Lord
Chamberlain's Office for all documents connected with the
patents, and were told that they had none. This petition,
which Sir Edward had also alluded to, they knew nothing
about till the evening. It teas a most material point to
them.

The LORD CHANCELLOR said that the petition had been
hut just found, and was immediately sent up to the Court.
His Lordship then said the Court would not sit again till
next Tuesday, during which interval plenty of time would
be afforded to both parties.

The Court adjourned at a few minutes past ten.

PATENT OF THE WINTER THEATRES.

While a question of so much interest to the theatrical
world is under discussion, it may perhaps be satisfactory
to our readers to see a verbatim copy of the patent granted
by CHARLES 11. to DAVENANT and KILLIGREW. It is
as follows :

" CHARLES the Second, by the Grace of Gun, King
of England, Scotland, France, and Ireland, Defender of
the Faith, &c., to all to whom these presents shall come
greeting.
" Whereas our Royal Father, of glorious memory, by
his Letters Patent under his Great Seal of England, bear-
ing, date at Westminster the six-and-twentieth day of
March, in the fourteenth year of his reign, did give and
grant unto Sir WILLIAM DAVENANT, by the name of
WILLIAM DAVENANT, gentleman, his heirs, executors,
administrators, and assigns, his full power, license, and
authority, that hei they, and every of them, by him and
themselves; and by all and every such person and persons
as he or they should depute and appoint, and his and their
labourers, servants, and workmen, should and might
lawfully, quietly, and peaceably frame, erect, new-
build, and set up on a parcel of ground, lying near unto,
or behind the Three Kings Ordinary in Fleet-street,
in the parishes of Saint Dunstan in the West, London,
or in Saint Bride's, London, or in either of them ; or in
any other ground in or about that place, or in the whole
street aforesaid, the❑ allotted to him for that use ; or in
any other place that was or then after should be assigned
or allotted out to the said Sir WILLIAM DAVENANT, by
THOMAS Earl of ARUNDEL and SHARES', then Earl
Marshal of England; or any other commissioners for
building, for the time being in that behalf, a Theatre or
Play-house, with necessery tiring and retiring rooms, and
other places convenient, containing in the whole forty
yards square, at the most, wherein Plays, Musical En-
tertainments, Scenes, or other the like presentments
might be presented. And our said Royal Father
did grant unto the said Sir WILLIAM DAVENANT,
his heirs, executors, administrators, and assigns, that it
should and might be lawful to and for him the said Sir
WILLIAM DAVENANT, his heirs, executors, administrators,
and assigns, that it s'sould and might be lawful to and for
him the said Sir WILLIAM DAVENANT, his heirs, exe-
cutors, administrators, and assigns, from time to time,
to gather together, entertain, govern, privilege, and keep
such and so many Players and persons to exercise Ac-
tions,
Musical Presentments, Scenes, Dancing, and the
like, as he the said Sir WILLIAM DAVENANT, his heirs,
executors, administrators, and assign, from time to time,
to act Plays in such Houses, so to be by him or them
erected, and exercise Music, Musical Presentment•,
Scenes, Dancing, or other the like, as the same or other
houses, or times, or after Plays are ended, peaceably and
quietly, without the impeachment or impediment of any
perso❑ or persons whatsoever, for the honest recreation of
such as shall desire to see the same. And that it should
and might be lawful to and for the said Sir WILLIAM DA-
VENANT, his heirs, executors, administrators, and assigns,
to take and receive of such as should resort to hear and
see any such Plays, Scenes, and Entertainments whatso-
ever, such sum or sums of money as was, or then after,
from time to time, should be accustomed to be given or
taken in other Play-houses and places, for ttie like Plays,
Scenes, Presentments, and Entertainments, as in and by
the said Letters Patent, relating thereunto had at large,
may appear. And whereas we did, by our Letters Pa-
tent, under our Great Seal of England, bearing date the
16th day of May, in the 13th year of our reign, exem-
plify the said recited Letters Patent, granted by our Royal
Father, as in and by the same, relation being thereunto
had, at large, may appear.

" And whereas the said Sir WILLIAM DAVENANT hath
surrendered our said Letters Patent of exemplification, and
also the said recited Letters Patent, granted by our 'loyal
Father, into our Court of Chancery, to be cancelled,
which surrender we have accepted, and do accept by these
presents, know ye that we of our special grace, certain
knowledge, and mere motion, and upon the humble peti-
tion of the said Sir WILLIAM DAVENANT, and in con-
sideration of the good and faithful service which he the
said Sir WILLIAM DAVENANT has done unto us, and doth
intend to do for the future ; and in consideration of the
said surrender, have given and granted, and by these pre-
sents for us, our heirs, and successors, do give, and grant
unto the said Sir WILLIAM DAVENANT, his heirs, exe-
cutors, administrators, and assigns, full power, licence, and
authority, that he, they, and evtry of them, by him and
themselves, and by all and every such person or persons
as he or they shall depute or appoint, and his and
their labourers, servants, and workmen shall and may
lawfully, peaceably, and quietly, frame erect, new
build, and set up, in any place within the Cities
of London and Westminster, or the suburbs thereof,
where he or they shall find best accommodation for that
purpose, to be assigned and allotted out by the surveyor of
our works, one Theatre or Play-house, with tiring and
retiring rooms, and other places convenient, of such ex-
tent and dimensions as the said Sir WILLIAM DAVENANT,
his heirs or assigns, shall think fitting, wherein Trage-
dies, Comedies, Plays, Operas, Music Scenes, and all
other Entertainments of the Stage whatsoever, may be
shewn and presented. And we do hereby for us, our
heirs, and successors, grant unto the said Sir WILLIAM
DAVENANT, his heirs and assigns, full power, licence, and
authority, from time to time, to gather together, enter-
tain, govern, privilege, and keep such, and so many
Players and persons to exercise and act Tragedies, Co-
medies, Plays, Operas, and other Performances of
the Stage, within the house to be built as aforesaid, or

within the house in Lincoln's Inn Fielde, wherein the said
Sir WILLIAM DAVENA NT cloth now eaerciee the pre-
, wises ; or within any other house where he or they can
within our Cities of
suburbs thereof; which
te of our dearly beloeed
brother,
are,
io)adntt
cloeiorie.imfiaitAatc\Evs,,fheosDr:
Westminster,
ktbi Ineleam
of
t:hr
p
nutober as the said Sir WILL/ AM DA YE NANT, his heirs or
rlo:a.rimrKvt"ahaenjand shall consist of such
assigns shall, from time to time, think inert ; and such
persons to permit and continue, at and during the plea-
sure of the said Sir WILLIAM DAVENA NT, his heirs or as-
signs, from time to time, to act Plays and Entertainments
of £hr State, of all Ports, peaceably and quietly, without
the impeachment or impediment of any person or persime
whatsoever, for the honest recreation of such as shall de-
sire the same ; and that it shall and may he lawful to and
ft'r the said Sir Wteereeet DavaNater, his heirs and as-
signs, tt, take and receive of such our subjects as shall re-
sort to see Of hear any such Plays; Scenes, and Entertain-
ments whatsoever, soh sum or sums of money, as either
have accustotnably been given and taken irr the like kind,
as shall he thought reasonable by him or there, in regard
of the great expence of the Scenes, Music, and such new
decorations, as hare not been former), used.
" And further for ve our heirs and successors, we du
hereby give and grant unto the said Sir WILLIAM DAVE-.
nant, his heirs and assigns, full power to make such al-
lowance, out of that which he shall so receive by the act-
ing of Plays and Entertainments of the Stage as aforesaid,
to the Actors, and other persons employed in acting, re-
presentitig, or in any quality whatsoever about the said
Theatre, as he or they shall think fit. And that the said
Company shall be under the sole government and authority
of the said Sir WILLIAM DA TEMA NT, his heirs and
assigns; and all scandalous and mutinous persons shall,
from time to time, by him or them, be ejected and die-
aided from playing in the said Theatre. And for that we
are informed that divers Companies of Players have
taken upon them to act Plays publicly in our said
cities of London and Westminster, or the suburbs
thereof, without any authority for that purpose. We
do hereby declare our dislike of the same, and will and
grant that onlythe said Company, erected and set up, or
to be erected and set up, by the eaid Sir Vs ILLIAM
DA-
VENANT, his heirs and assigns, by virtue of these presents,
and one other Company erected and set up, or to be erected
and set up, by THOMAS KILLICIRENY, Esquire, his heirs
and assigns, nod none others, shall from henceforth act or
represent Comedic:, Tragedies, Playa, or Entertainments
of the Stage, within our said said cities of London and
Westminster, or the suburbs thereof; which said Company
to be erected by the said TIIoMAs KILLIGLW, his heirs or
assigns, shall he subject to his and their government and
authority, and shall be styled the Company of us and our.
ROYAL CONSORT. And the better to preserve amity and
correspondence, and that that the one may not encroach
upon the other by any indirect means, we will and ordain
that no Actor, or other person employed about either of the
said 'theatres, ejected by the said WILLIAM DA VEN A NT and
TrioetasKalicaEw, or either of them, or deserting his
Company, shall hereceived by the Governor, or any of the said
other Con pany, or any (ether person or persons, to be employed
in acting, or in any manner relating to the Stage, with-
out the consent and approbation of the Governor of the
said Company, whereof the said persons so ejected or de-
serted was 3 member, signified under his band arid seal.
And we do by these presets declare all other Company'
and Companies, saving the two Companies before men-
tioned, to be silenced and supprereacd. Amid for a much
as many Plays, formerly acted, do contain several pro-
phane, obscene, and scurrilous passages; and the women's
harts therein have been acted by men in the habits of
women, at which some have taken offence ; for the pre-
venting these abuses for the future, we do hereby strictly
command and enjoin, that from henceforth no new Play
shall be acted by either of the said Companies, containing
any passages offensive to piety and good manners, nor any
old or revived Play, containing any such offensive pae.ages
as aforesaid, until the same shall be corrected and purged
by the said Masters or Governors of the aniil respective
Companies, from all such offensive and scandalous passages
as aforesaid. And we do likewise permit and give leave that
all the women's parts to be acted in either of the said two
Companies, for the time to come, may be performed
by women, as long as these recreations, which by reason
of the abuses aforesaid were scandalous and offensive,
may, by such reformation, be esteemed not only harmless
delight, but useful and instructive representations of hu-
man life, to such of our good subjects as shall resort to the
same. knd these our Letters Patent, or the Enrolment
thereof, shall be in all things good and effectual in the
law, according to the true intent and meaning of the
same, any thing in these presents contained, or any law,
statute, act, ordinance, proclamation, prevision, or restric-
tion, or any other matter, cause, or thing whatsoever to
the contrary, in any wise notwithstanding, although ex-
press monition of the true yearly valne or certainty of the
premises or of any of them, or ofany other gifts or grants
by us or any of our progenitors or predecessors heretofore
made to the said Sir WILLIAM DAVENA NT, in these pre-
sents is not made; or any other act, statute, ordinance,
provision, proclamation, or restriction heretofore had,
made, enacted, ordained, or provided, or any other matter,
cause, or thing whatsover to the contrary thereof, in any
wise notwithstanding.
" In witness whereof, we have caused these our Letters
to be made Patent, witness oneself at Westminster, the
fifteenth day of January, in the fourteenth year of our
reign. " By the King. " HOWARD."

THE DUKE OF NEWCASTLE.

(From the Lincoln and Newark Times.)

On Friday,..as we announced, the assembly was to take
place at the Town-hall, and as we intimated the Duke of
Newcastle was expected to attend, the expectation roused
the feelings of the indignant Blues, who had received at his
hands such " crying wrong ;" and before the evening com-
menced nearly 400 torches were distributed in the town.
His Grace passed through the town incog. in the evening,
on his way to Bromley-house, Stoke, the seat of Sir Robert
Bromley, Bart., with whom he was going to dine, and who
had a large party to meet bis Grace. Horses were ordered
front Mrs. Lawton's, to be in readiness to take him from
thence to the Town-hall. By nine o'clock Muskliam -bridge
was the rendezvous for above 200 of the Blues, who had,
either directly or indirectly, been visited with his venge-
ance and persecution for acting honestly; and their feelings
were additionally raised in consequence of the committee
having refused to give coals even to those who had voted
for Sadler and Wilde. At nine o'clock a carriage arrived,
which was instantly stopped, but being full of ladies was
allowed quietly to proceed ; next.in succession was the car-
riage of Mr. Fillingham, who promptly announced his
name upon being asked whether lie was the d—d Duke of
Newcastle. Hundreds cried out "Itis a good thing you
are not, or your carriage and you should have gone over."
Presently another carriage, in which was Mr. Norton, of
Elton, arrived at the bridge, and on being stopped and
questioned, he was at first violent, and his servant struck
one of the crowd, upon which his lamps and windows were
broken ; but Mr. Norton disclaiming the act of his servant,
he passed without further molestation. A ruse de guerre
was now practised : it was reported that his Grace had
gone by way of Hawtsn, upon which the mass hastened to
Newark, but he did not arrive until nearly eleven o'clock.
Still they waited for hint ; and upon his arrival at the
Town-hall, and alighting from his carriage, torches were
thrown at him, and one lodged in the collar of his cloak,
which they sa'd was the compliments of the season ; hut
he escaped without further molestation. Upon his alighting
from his carriage he was protected ky the posse of con-
stables, and Mr. Bell, the chief constable, placed himself
in the van: upon the arrival of every carriage, numbers
cried out " It is the boroughmongering Duke; Burke
him ! Burke him!"

LOCH LEVEN.—Most of our readers will re-
collect that operations were commenced some years ago
for lowering the surface of this classic and beautiful sheet
of water, so as to increase the estates lying on its Northern
bank, and drain some other lands which have hitherto
lain in a marshy state around it. These operations having
at length been completed, the business of reducing the
water was commenced on Saturday week, under the
auspices of Mr. Mows, of Kirkaldy, the acting superin-
tendant of the works, and of Mr. JARDIN E, of Edinburgh.
Immense multitudes were assembled to Lehold the spec-
tacle; and at two o'clock the sluices were raised, and a
prodigious volume of water was allowed to escape, will, h
rolled down the channel amidst the crashing of the ice
and the cheers of the spectators, amongst whom not a
single accident occurred. By this improvement I,otio
acres of land will be recovered from the lake, and
several thousands of acres of marshy soil will be made
perfectly dry, rendered capable of the highest cultivation,
and will form one of the finest tracts of champagne coun-
try in Scotland. The lake, which, after its partial
drainage, will still consist of six square miles, is now
placed under the complete regulation of sluices ; ?lid the
manufacturers on the Leven will be ensured a constant
regulated supply of water, and will thus be ensued. at all
times from the stoppage of their works, which in most
years occurred during at least 60 days, occasioned partly
abundance wiater.,Edinlnergh raper.
by a want of water in summer, and partly by a super.