Star.
London, England, 1801-12-24 00:00:00

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rviortyallvdMithelMed Is the *ohjeft of Mr.
1 ' :ftley's appliCaimhe
, elan, Agar elks fdr an areountaef the thirty-
Oiiiv3oo,,al. !Ides which have been fold. I do
Cinch to make the leall fecret of what has 1:1e-'
of them. It was my intention to grant out
' . test•charges before it was known that the
;:
fbearre was at all embarraffed, and I had then
. altogether as good iaferigloarieto dob Tmis,oast any coin
Faledmeatinattoe.ra m
Four weyre ypurchafegelagbevur ;en
andnekfley for 120001. which fum, with 6oaal.
074 was invelled in the funds for a purpok
. h„,, will not be generally cenfured ; ten were
ilged in the hands of Mr. Hammerfley, are
wfatisfying rent charges, and will loon clear off
ocep.fea
yi
Inscum debtsmr b. rafo
rnte
Agar
ws .11
awareiMc
bo ar‘tf.
roh fa. theG:l7stebctbhl
ieelrni:hs aai•n:it:greocrniate:
*Myer it is; was not to commence till tilde 37
titei had been fold ? By the conditions of the
• ment it is eipeefsly flipulated, that the pan-
t•.
r"
ma- nap (unild !all only ten years, anti that M.
deulab fhotfld have no inteita in the profits till a
tit to lath!), 'dick 37 flares had been fira de-
la-6a What right then has he to oveiliawl 1
aaapeconat? What reafon has he to complain, al- 1
bop my conduct in this particular had been
pan fo reprehenfibie ? He fays he will rile a bill
siainft me. Why has lie not done fo long ago?:
fiebreaks into my property, and tries to commit
km/ fisreary. I am extremely forty that Mr.
dfiabb has heed involved in difficulties, but I hope
k ielikewife lorry that he has not been able to
elfal'sne as he promiled. Reviewing his whole
eitlidull, I am ready to furrender to his ufe the ,
/6691. refereed to me under the trua-deed ; but
Qrill have no partnerfhip with him, were the pe-
y twenty times as great.
e izow come to Mr. Holland, the architect. And .
kn. I hope, I (hall not be prefuming ton much, i
fein anfwer to forme things which fell from him, 1
!sine brief flatement of the manner in which
the embarraffinents of the Theatre began Whea
*Old was propofed to nail: leo,oool. by rent
ihiuges, it truck every one as admilabl, and the ,
4ata was readily fubkribed. The mod dazzling
profpees were then held out to me, and if every
ene had behaved. as he ought to have done, they
#jilt have been realized. The deed was figned
i*otember 1791, and in January 1792, 20,0ce01.
Mml been lodged in the Banker's hands : yet, for
fifteen rntinthe, not a brick was laid. Yon will
list, what was the condiial of the truflees ? What
mai the conditA of Mr. Sheridan ? I ecrtainly ac-
quit Mr. Hammel-I:ley and Mr. Ford of all blame..
itht.l frinfi now Rate, as I have farotft in my afii-
-44 tired there ware artificial delays. It is pain.-
klgr me to proceed, as the perfon to whom I
impute thefe praelices, is now no more. Yet 1
At kid myferf—l owe it to the truilecs—l owe ,
ateithe renters to give a full explanation. —[Mr.
*ieridaa then entered minutely into vat inns tranf-
alions between hintiall, Mt. Linlcy, Mr. Lteeey,
Dr. Ford, and the late Mr. NN'allis, from which ,
it appealed that Mr. \Valli:, after having long
pretended that he had a bond againa the patentees
fru. sit,oool. and thus by delving Dr. Ford to
e, created the,greatea confuiam; at lad con-
at a meeting held at Mr. Harnmerfley's,
no Inch bond eziflc.l. He likewife occafioned
eby
.by railing dos.bts concerning the validity of
lilt patent, and various other means. I;,was thus
nary to keep the Drury-4.11re company two
Mom in the Opera-honk, and as appeered by
ileafftdavit of Mr. Kelly, an expellee was incur-
kmof to.oool. Ile then continued.]—l • allow
& exertions of Mr. Holland, when the build-
al4tims. at length begun, were great and neerito-
it* An edifice .fo folid and fuldlantial, was
rin the world perhaps railed with Inch rapi: ,
*. I give Mr. Holland infinite credit for what
„i d. and I do'not believe there is an architeat
ietairope,befideshimklf,that could have done the
fillt. Bet when I have laid that, I mull cxprefs
Eregret and aloniffiment at the hoflility with
be has appealed me. I alk him if ever I
aproachtd•hint *4,1, the total inaccuracy of his
*Melts He failed in his undertaking by one
LL What he Was to finial for !Roam& will not
teillahell fur Ifeopool. Mc. Holland takes of-
We that I fay he, lift the 'Fla:acre quite a (hell.
/was indeed lorry to fee the light manner in which
klalked of the workmen employed by the Pro.
Pieltira They may be far laelow him; but it is
amfitting that in a Court of Juflicc mem, whole
ekireatete are inireproached, should meet . with I
Wilt. The Lillie carpenter is, perhaps, altogether I
as fetich entitlCti to credit as the great Mr. Hole
ha. He. and various others have sworn, that the
Dime was a (hell, and that immenfe fums were
Lie out in rendering it fit far ufe. The learned
Gentleman Mks, what thefe (nos are To ditlin-
atrial them is impoffible ; but teat they were laid
oateminot be denied. All before the curtain was
elegant, I allow; but what was behind the curtain
tomorerefembled a theatre than a (hip of the line.
At firft he fiated that he had 'Alit perk% and in
hisfecored affidavit that it would reqiiire 16,0n01.
0 complete it. lam very far from tin owing any
efleCtion upon Mr. Holland, or imputing to him ,!
iil thing di(honourable ; but I will fay that lie
loon plans much better than affidavit,. li, the one
efe be truth to his own in-ii, in tile other to
he p:n of an attorney. 1 have therefore always
roken of.him with the gTeateft good humour,
hough thieve not been Mena if I thought other:
itfellhnuld not have remained with him in habits
4 intimacy. He knows that I do not now com•
plain of his eftimate fqr the firfi time. When at
kit own bottle I call up the ditferant partienia.s, in
"nil I had been put to an expellee beyond what
I,4lTained for, and the refit!: was very great. I
-4
htnl that he ought to build me a Enure at
ilfeworth for nothing, and this I hope he will
Pe conkience dill to do. lie lays he lees ex:
bded only 7f,0001. It would be eery to (hew,
It even in his fenfe of the word expel, he has
Waded 4eool. more. But the whale tarns upon
'true meaning of the wont. Uhl flys he has
toted certificate, for no more, I will allow that
is coned. But to fay that he has finithed the
mare for that fum is monitions. How much
IM levee me-to pay ? Lend Stanhope•migla

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ha., -ken the *Mork chinco bat havd
found' ;be money -Artfon's acecont to him
imounted tq 763 J. but from me he received t rel.
He did not espeuktbis Money ; that is IQ 111Y2
' did not grant a certificate for it, but he expended
it, and left me to pay it He granted a certifi-
cate to Cravanelll for a confideeable firm, but with-
out any cirtifiCatte.l .paid him threes times more.
This is the. Cafe, witlt!many others, and to talk
in this fcnfc of 'what he has exPendedisthe verieft
quibble. gefais.th,at he wants 16,0001. to com-
plete the furikenentioned in'the enimate.
ing the money laid out in fitting up the boxes to
e dcdufted, though in ajnybed Theatre, it is not
very reafonable to imagine that the audience
fliould 'hind, let him take his 16,0001. and abide
by his cootra4l., Hat comes the affidavit which
firikes.rne with a mixture of amazement and ter.
tor. Mr. Holland declares that no contra& vials.
Did he not fill in theiorOpolitl to the 300 Gen-
tlemen, " For 80,0001. I undertake to finifh
the annexed plan ?" Was it not on that faith
that they fubferibed their proportions? This un-
dertaking is as binding in honour, and will be found
to be as binding in equity as any engagement,
trOvever exprefs. Again he maintains, that the
buildings about the Theatre were to be completed
by building 'cafes. Ti:difprove this affertion Mr.
S. handed up to the Chancellor a copy of the
• plan, and the propofal, figned by Mr. Holland.
the tavern, the !hops, the dwelling-houfes, &c.
here all appeared, and Mr. H. allures the fubfcri-
hers that he will finifh the whole for 80,0001.
Although gramntar were,to he let it defiance, laid
Mr S. although unlimited power were given to
torture words to the moll unnatural meaning, I
defy Mr. Holland to (hew that this is not an under.
taking for the 80,0°01. to complete the Theatre,
and all the buildings which it was propofed (hould
furround it. The truft deed of 1793 is in the fame
language; and flippoits the fame inferences. But
I have yet another proof, which I think will con-
lidetably awake the feelings of Mr. Holland. He
lays lie was only to mile the Theatre. Why then
did he ley the foundation of the tavern and the
dwelling-houfes? When Mr. Harvey came to him,
' pert:wed him the bill for this' work, did he fay,
" this is no coircern of mine. r have only to do
with the 'Theatre: you midi wait till the leafes
are granted to individuals, who are to build on
their own account?" No; he granted him a cer-
tificate, as he would harie done to the man who
had made the Hair to the boxes. I alit if [he
' Duke of Bedford; and all the 300 fubfcribers did
not even that thefe buildings were to be complet-
ed by the architea ? I proleil to GOD that till I
read that al:fie/air(' another. idea never entered my
brain. The lots we fuftain for the want.of thefe
accommodations is very.great. IrWe Cotild affign
apartments to the peVemers, we Might reduce
theirfat:tries ; and Am the Theatre being with•
Out a taveni, we calculate that we lore io or 251.
a night. It' Mr. Holland, when he law that he
was millaken, had zornt: forward and frankly ac.
knowledged that there was an error in his eflinvate,
fhould immediately have convened a meeting of
the !'Centers, and tried to procure new refources.
I have re.ifon to believe that he early made the
difcovery. He propofed to me to allow a part of
the old houCe to (land, and pointed out very inge7
Mous modes in which it might have been propped.
But I told him that, as the Subfcribers had come
forward fu liberally, and as we had promifed a
completely new Theatre, that I would not agree
to the propofal. IP at this time he had made an
open and frank declaration of his inability to per-
form the contraft, inflead of reproaching him, I
would have exerted nayfell to the utmoft to relieve
him from his difficulties. But, after what has
happened, I think I have a right to refort to the
original agreement, and rigoroufly to infift upon
legal rights.
ant forry to have Paid. Co much upon fuch a fob-
jeet ; but palling by the caule of our embarraff-
ments, and the confideration of who is in fault, I
(hall now fay a few words upon my own conduct.
Mr. Holland received 77,0001. and to make good
this, I was allowed only fg,oool. fo that I had to
let nut with scrool. certificated debt. As thole who
trufted the Archited knew the fund from which
they svese to be paid, I do not believe that I was !
,refponfible. But they applied to me, and flep by
flop I became bound for the whole film. The
mortgages fell into arrear, notwithflanding that a ;
nightly allowance was made to fatisfy them. The
renters lead accepted of this fecurity!And might
have been obliged to take as. 3d. or 2s. a night in-
(lead of zs. 6d. B I !Tut I thought this would have
been dlfcredriable to the Theatre, and I looked for
the creation of tither funds. There were fifteen
private boxes which I had a right to let afide to
forniffi the Theatre. and to purchafe fcenery, but
I agreed to died/ myfelf of this property, and thefe
iift, en boxes, together with twelve new rent
charges,-were appropriated to the payment of the
armor s hf the renters. I know that they then con-
fidered their cafes as defperate. Dr. Goodenough •
offered to fell 80001. he had upon the Thesitre for
a trifle. Yet from that fund on the 16th of Ja-
nuary, raecsool. had been produced, various mart-
gages have been daharged, and the whole are in
a court= of liquidation. To pay the renters of
i7Re, acl. a night was afide, but found infuffi-
cient. Though in!ormecl by Connfel that I was
tinder no tohlig.itlCO, 1 increafed the 401. to 40.—
Mr. Mansfield has talked of the proprietors taking
away the receipts, and robbing the treafury. By
the uucontradiSed of of Mr. Peake, it ap-
pears that the bankers have conflantly received one
;tall of the whole receipts, and that the proprie-
tors had furnithed ;col. beyond the furplus pro.
its. Your Lordship intimated that in your opt.
anion the perforiners Ought to be pail firth. Upon
this intimation Mr. Peakehas line* afted, and on
.this account Mr. Mansfield had thought fit to fay
that the proprietors continue to put the Thole re-
ceipts into their pockets. To (hew the foundation
of this fecond libetalaffcrtion Petite has fwven,
moreover, that fine* the 16th of November the
props ictors, beyond the whale receipts, have fur-
;abed, to satisfy the demands on the Theatre,
above 2 cool. I am convinced that the fpirit of
equity which .pr:tides in this Court, extends to the
praCt.ces of the Atlvocases, and that, far from cs-

eeediag their infirit4liotts, they will not a& np to
the letter of their brief, when they are in danger of
hurting the feelings of a-Gentleman. Above, all,
if they have once. been twilled by their clients, 1
truft they are not rail] in hazarding a fecond al-
fertion equally injurious on the fame fallacious
ground. I feel deeper regret at what has fallen
from the Limited Gentleman, bccaufe I have a
high rept& for him, and that every thing he
ut-
ters carries great ,weight along frith it. 1 indeed
,did not, imagine that he would have lent himfch
to fuch a purpofe--I did, not think he would have
defcended to be the channel of perfonal invecrlive.
• I fhall next confider the claims of the creditors.
iThe -firth 'head is authorfhip : Three poets, Mr.
Cobb, Mr. Lewis, and Mr. Hoare, demand a
Tecompenle fur their literary labours. They are
'certainly men of great merit. Mr. Lewis has not
only favoured the public with a produaion noted
for its morality, but bat lately relcued from obli-
vion certain Tale! of Weeder v.rote by Parnel, Dry-
den, and fuck paltry fcribblers, which, but for
'his condefcending notice,. moll have lain evcrlaß;
'ingly unknown. I muff obferve, however, that
Mr. Lewis has a judgment for his debt, and that,
it is not ufual for ordinary mortals to proceed both '
at law and in equity. I defired the tiealider to
make out an account of the profits of Mr. Heave's
, piece. From this it appears that it.was ;dies' tit
nights, and that the receipts upon an average were
not above 341. a night. It may be afked Why it
was ailed fir often ? The truth 1 believe to be.
that at the time there was nothing elle to aft. It
was brought forward twice neat leafon, and upon
this confirmed proof of its demerits, I believe Mr.'
Kemblc can fay, that the author had no thoughts
of afking for remuneration. Yet he now comes
and dies the price of the mull excellent and moll
fuccefsful comedy. However, let him, like the
others, receive what an arbitrator Shall declare to
be dire, and if that fum is at all confiderable, I
believe it will be allowed that the Indifiretion was
not on the fide of the author who prefented the
piece, bur of the manager who accepted it..
After paying forne handfome compliments to
Mr. Cumberland, who had refilled to join his pe-
titioning brethren, Mr. Sheridan proceeded with
the other creditors. He confidered the cafes of
Mrs. Nunn, Mrs. Lowndes, Mr. Shaw, Mr.
Weffley, the Duke of Bedford, Mr. White, Mr.
Gloffop, and Mifs,Leake. He (hewed that many
of them. were fatisfied with their fecurity, and
had made this application only from having been
told that, if they did net, their debts were de-
, nitrate. Me likewife proved that it was entirely
lowing to his own generofity that feveral of them
were now enabled to mate any claim ; and that
the demands of others were completely ground-
lefs.—When he had concluded this head,
The LORD CHANCILLOR Aced him how it was
propofed that the performers fhould be paid their
arrears? Lie obferved no provition for that' in the
proporesi fettlement • and it would therefore, per-
haps, be necelfary for him to make fome new re-
gulations. There were feveral lets confiderable
particulars which he might alter, and which the
parties upon cOnlideration would probably alter
themfelves. .

Mr. Smut: ma. If your Lordfhip will provide
'for the performers being punetually paid in future,
I undertake that they !hall loon receive all their
'arrears. Vslatever reports may have gone abroad,
I believe no man ever enjoyed the confidence and
attachment of a let of individuals more than I do
of the Drury-lane company. There is nothing
which they would not do to accommodate me, and
I believe there is not one of them that would not
engage at fetch a falaryand a free benefit upon my
word without a witncls being prefent, as if a• le- ,
gal indenture had been folemnly executed be•
tween us. When this application was made to
the Court, I had prepared a truft deed, making
over the whole of my intereft in the Theatre, ex-
cept ecocl. a year, to William Adam, Efq. a
Gentlemen, the mention of wheife name calls up
levery idea of the niceft honour, .aari the molt
I unremitting puniftuality. I fufpcndcd this deed
that I might throw no obftacle in the way of the
applicants, and that they might not fay I attempt-
ed to weaken their cafe. The deed will now be exe-
cuted without delay; and I underfland that all the
1 performers are willing to accept of the fecurity it
affords. They arc convinced that in this way they
will be paid fooner, as well as lefs detrimentally
to the interefts of the Theatre, than if any terra was
created for their benefit by your Lordfhip. I have
undertaken that every debt on me, and on the
1 Theatre, (hall be immediately called in. Before
your Lordfhip was railed to the dignified Ration
j which you now fo worthily fill, you know that
Inch a fcheme was in contemplation. Within a
month an advertifement !hall be inferted in the
public papers, no demand upon me (hall be left
outtlanding, and whatever lies in my power than
be done that they rnay he all Weedily Litkfied. If
the furphre profits of the Theatre are not fufficient,
I am ready to give up the :cool. a year I have re-
fervcd for mvfelf and my family. But I trull this
facricfie will not be necelfary. The Theatre is by
I no means in loch a bad Rate as many people ;ma-
i truflees neglefl their duty—if they itrive
to crofs the Proprietors, v:c may never be reliev-
ed from our cmharralfmentc. But many d4ficul-
ties have been fu3 mounted, and ;,n arrangement
I has at IA been concluded, which embraces all
I concerned, and which it will be the inter-eft of all
to olderve. Let me indulge the hope that, under
better aufpices, the Theatre will fia.n clear itfelf
from all its incomlnances, and no one will have
reafon to repent having been Bonne led with ir.
Your Lordili:p talked of making fome alicta, ions
in the propoials. When you are coatiJetin• what
thefe (hall be, I do rwift earneftly beteech your
Lordthip eau think of affording us fome proteSion
againft la w.firi.s. 9ne has curt me is:cr.!. arrothi.i
you). am r her t tool. and I ath told that the prefent
will aheady Lace coft me eight hundred guinea',.
The Liw affords Inch fccurity to property that
foute people thick it never fecure milers in a COUlt
of Jultice. The Theatre has Itamina to !tend al-
moß any thing. It has flood expenfive bull ling,
it has flood had management. I believe ,t could
Rand confuining fire ; but a law fait or two more
mull finally tos erwbelrn it. I would not be uadu:•

flood toinfinuate any thing again(' the higher or-
ders of the proletlion. I have the Imehea relpeift
for them, and it I had poffetied ;t lofficient degree
nt prudence and application, I myfelf would have
worn a wig and gown.
After fume warm acknowledgments to the
Chancellor, for the attention with which he had
been heard, and the kindnefs he had expel ienced,
Mr. Sheridan concluded nearly as follow., :—Since
I have much about the pall, allow me, my
Lord, before I fit down, to fay a few wolti,
the more. Although no one Las held calnamy
more cheap than mylelf, yet I ihould be lorry to
be thought inientible, teen to unmerited reproach.
Amicht all my feeming gaiety, I have loan fen a
fling in my boffin) sslach has poifoned all my en-
joyments. liecaule lam carelefs of my own mo., •
ncy, I would not be col tittered incline's:in about
the intereils of others. I believe there is not one
of thole who would be the greatelt fufferers, that
has felt lo much pain as myfelf, from the refleiion
that, in cafe of my death, there might br nu Mud
for the payment of the creditors to the 'Theatre.
lay the fettlement to v inch 1 have alludc'd, ;11Y
anxiety upon this fubje& is relieved. My income
will now be fmall, but I wilt my liappinels will
not be impaired. Ido not pretend that this change
of circiimitances gives the no uneatinefs. When
I look7back upon what the property might have
been, had the original plan been exec:tied,
bad the buildings been completed aceordiug
to the eflimate ; and had the mortgages
been paid off, I am tilled with regret ; and this
regret is rendered more poignant by the thought,
that by want of prudence and attention, I may
have contributed to this diflipation of the property,
and that I may have had a there in producing the
emharratlments of thole who have claims upon the
Theatre. But it is for them, nitwit more than for
myfelf, that I deplore the mismanagement of the
concern, and its unfortunate effeas. Whatever
appearances may have been, I fet no high value
upon the fplendour of Edition or the enjoyments of
luxury. Wealth is not necetrary to my own hap-
pinefi, nor I truth to my eflimation with ineiety:
I have had to flruggle with the difiolvantages of
uncertain and flatuating income. Thee, in all
cafes, arc knowo to be great, but they are parti-
cularly formidable to a man of a fanguine temper,
bleffed with bnt a fmall (hare of refolution, who
might meth much from the .exertions of talent.
who forms hopes which are never realifesi, and
makes to himfelf promifes he is unable to pee
form. To exceed a limited and a certain income
is a very different offence. In that fituation I have
never hitherto been. I am' in that lunation now,
andd (hall continue in it till every debt is paid.
till every demand is fatisfied, and till my property
being completely difencumbered, I can no longer
be liable to the furpicion of living in magnificence
by unjuftly keeping others in indigence. Till that
moment artiuts, I (hall live in retirement with that
fpirit of undaunted independence, which as a public
and a private man I trukhas ever diftinguifficd me.
Mr. Hom.aue replied to Mr. Sheridan, and re-
peated his former affertions, that his contrail only
related to the itruCture itfelf, chitin :1 from the
Coffee-houfes and Chambers alluded to. With
ref pea to the expence, which the Learned Gentle-
man alledged to have taken place for the purpofe
of finifhing the Theatre, it was to tie remarked,
'that no Affidavits appeared to prove that expence,
and no finch expenditure was apparent to thole
who reviewed the Theatre ; all depended on the
alfertion of Mr. Sheridan, feconded by his extra-
ordinary eloquence.
Mr. SHERIDAN again maintained that the fOUrle
dation of the Taverns. laid by Mr. Holland, was
ftrong proof again(' his affertions, that his con-
trael comprehended the Theatre alone.
Mr. HOLLAND Rated, that he laid the founds.
tions alluded to, in confenuence of the affurasces-
of Mr. Sheridan, that he would fee him paid,
without making it necellary for him to look after
the Truftees.
Mr. MANSFIELD laid, it was difficult to reply
to the fpeech of Mr. Sheridan, becaufe it was dif-
ficult to difcriminate between the arguments upon
evidence, and the affert'ons which it contained.
The LORD CISAICCELLOR here took ocedion to
oblerve, that he had thought it his duty to hear
every thing upon this fuhjeet, whether affertion or
evidence, bat that he fhould very much fort et his
duty indeed, if, in examining thole Itatements in
order to form his opinion, he did not take care to
difcriminate between that which was proved and
mere air:t GOD.

Mr. MANSFIELD refumed.r—With refpat to the
diferintent which Mr. Sheridan profelfed to fed,
in confequence of his repetition of the charge,
that the receipts of the Theatre had been
plied, he mita fay, that he had no authority
horn his clients to retraEt one word of wharlie had
uttered on that fiihjeft, and horn what de could
(re, upon the belt examination, lie could not for.
bear to add, that the charge app.:tired to him to
be extremely well founded. As to the paYmeat
of the Performers he kneW nothing; perhaps, tome
of them had been fettled with. The IScrnbles,
the Siddons, Mrs. Jordan, and the Banc; ers, who
were in every one's mouth, might have !ken paid,
and paid in advance ; hut how did this cafe come
before the Court ? Melrrs. Hammerfler and Co.
his Clients, came forward to complain of tia:. fre-
quent violation of frequent and fideoin e.,ntra.as.
They complained of being tcavied by the Piniurs
for nioney, which was appropri.ited for other per.
poles, contrary to deeds ft,oned by Mr. Shdidan.
Mr. M. then catered into a lidtit y of the fevcral
deeds in which Mellis. Flammtriley were con.
corned, aad maintained, that none orti,efe cove-
-11,111; had been attended to by Mr. Sheridan.—
With Tepid ro the hitilding of the Th.,:ttre,
its repaii S. it frultil the Ifa on,fits of
Mr. dart hinifelf, and alfo :11..fe of air. 1101.
land, that the Trudecs had n..,titing to du with
that—it was the btifinefs of Mr. Sheridan. There
was theri f 're on that :core no pretence lOr
ing the turn prontifed dy the di:Teient tlet ds Iketr.re
deiLi ibed, to be veiled in the hands of the 'True.
tees. To theft; deeds he obfervcd w!io
was this d ty cimiA to be a l'i'oprictor,:tocd
t Mr. fah:lid rit and Mt. Richaidfon.
The LORD CHANCELLOR ItlllAtkCJ. that

Grt04,1004 in two &nations in this Inland's i—
dle one, as to the refpottfibility to the Performers
and ether Creditors of the Theatre j the other, as
to his partnerfhip of the profits of the Theatre;
and it teemed but equitable, thai if he was to be
deprived of the latter, he fhould be indemnified
from the confequences of the former.
Mr. MANSFIELD expreffed his hope, that his
Lordthip would, after a full confederation of the
cafe, put an end, by his decifion, to the diffrac-
tions which bad long impeded the progrefs of this
-Theatre.
' Mr. SHERIDAN raid, that he did not pretend to
know the extent of the licence allowed to the
Gentlemen of the Bar to animadvert npon the
char-after of men in a Court of Juftice, but he
knew the limits to which a Gentleman was war-
ranted to proceed; he knew the precepts which
ought to retrain the feelings of a man upon thefe
occafions 4 .and be bad no hefitation in (!tying that
it did not become the Learned Gentleman who
had juft fat down to re-affert that the receipts of
Prurydane Theatre had been mifapplied, an af-
fertion which had been already completely con- ,
• tradided by the evidence of Mrs Peake—an of-
fertion which he was confident the Learned Gen-
tleman could not fupport by any fpecies of evi-
dence, whatever might have been the inftrudions
he had received from his Clients ; for he contend-
ed, that no Bairikr ought to found imputations
. ' on the charader of any man from the mere re-
ports of his brief. The Learned Gentleman was
unfounded Cr; Rating that Melts. Hammerfley had
received no money from the Theatre in confe-
quence of the different deeds alluded to, whereas
they received no lefi than 16,00c1. in purfuance of
• that of 1798 ; a deed which was only fet afide
from a conyietion of its inconfifiency with that of
5793 ; and even that of 1798, he maintained, was
diffolved by confeut of all the parties.
Mr. MANSFIELD interrupted Mr. Sheridan. He
faid he would not Et fitent and fuller any attempt
to raife prejudices againft MeiFrs. Hammerfley to
pars unnoticed ; they were plain men of bufrnefs,
but underftood well the nature of a deed, and
were capable of the integrity which produced the
ohfervance of it. He wottid put it to the common
fenfe of any man, whether it wan not a grofs de-
lufion to execute a covenant which it molt be
known at the time it would be impoffible to con-
form to ?—for In Mr. Sheridan pleaded with regard
to the deed of ;798. Ile would afk was it pro-
bable, that neither Mr. Sheridan nor Mr. Richard-
fun could, at the time that deed was executed,
form any idea, from the fit nation and embarraff=
meats of the Theatre, 'whether it would be predi-
cable to fulfil it? If they did, they deceived the
Bankers ; if they did not, they were criminally
negligent of their duty.
- The CHANCELLOR faid he was alfo about to in-
terrupt Mr. Sheridan, fol- he would fuggeft, that
though perfons concerned in the caul were al-
lowed to Rate their cafes, it could not be permit-
ted to them thus to animadvert upon the obferva-
tions of Counfel • for it fhould be recolleded, that
the proper purpofe of the fiatements made inahat
Court, was not to inform the perfons around, or
to inform the people abroad, but to inform him.
In the courfe of his comments on this cafe, he
fnould not fail to notice how far fuch words were
applicable ; and if not, to cenfure them by whom.
• foever they might have been uttered.
Mr. AGAR commented at fome length nn the
fpeech of Mr. Sheridan. He denied that the fe-
cond affidavit of Mr. Grubb warranted the affer-
'don, that it was direelly contradidory to the firft,
as it merely flated, that if the memorandum of
1795 was not written by Mr. Sheridan as Mr.
Sheridan had (worn, Mr. Grubb prefumed it had
been written by Mr. Richardfon. He had lif-
tened attentively to Mr. Sheridan, but it was re-
markable, that he declined to give any account
of the thirty-feven (hares fold by him—unlefs
that part of it with which he paid for his country
feat, and provided for his marriage fettlement. A
very proper way, truly, of rendering the receipts
of the theatre available for the purpofe of the
different fubfcribers and creditors. Whether
Gr•tb6 was to be confidered a Proprietor or not,
he would eh, whether he Will not entitled, as a
creditor of the Theatre, to demand fiorn Mr.
Sheridan an account of the application of this
fi.m? loch had 'beep' faid repeding the ori
sat conned entered into with Mr. Grubb, bute.
Mr. Sheridan bimfelf explained that circum-
fiance, when he impofed a penalty on• Mr. Grubb
if he fhould depart from the covenant of propri-
etorfhip. The reafon was obvious—he had no
money himfelf to go on with the bufrnefs of the
Theatre, and the alliflance of Mr. Grubb, or
fome other perfon, was indifpenfably neceffary ;
and die apprehenfions of Mr. Sheridan, that Mr.
Grubb might feparate from him,swas accounted
for by Mr. Sheriean's Ratement—that the three
firft years' profits were conform& in the neceffary
improvements, and payment of arrears. The con.
traa, therefore, with Mr. Grubb, originally, was
not fo great a favour as Mr. Sheridan, in another
part of his (peech, would infinuate, even though
another perfbn, more infatuated tar. Mr. Grubb
with the fpeculation, might have offered to,oool.
for one-feventh of the 'Theatre. The enelorfe-
ment on the deed or ;798, which acknowledged
Mr. Grubb Proprietor of the Theatre, and which
Mr. Sheridan fo much relied on as an abdkation
of Mr. Grubb's claim to the property, (erred, he
contended, but doubly to affirm that claim : for
though it admitted he had no tight to the pro
petty of the ground, or the hustles adjoiniag, it
completely recognized his right to the joint on n-
erfhip of the patent, machinery, dreffes, &c. If
Mr. Grubb was made liable by any deed for the
debts of the 'Theatre, he hoped his Lordfhip would
feel, that it was the duty of a Court of Equity
to proted him. The affidavit of Mr. Cribb
fired, that the portion of the debt to which he
wa smountct: to no leis a from &an 40,0..01.
and when Mr. Sheridan neked of the Hate of
the Tiicatee, that it was not fu deeply embarriffial
as was genet Ally imagined, it was fidpiciou, he did
not call Roth any (4 thoti• perfons who were la
ei'mPl, rely i!ll‘;s1 to hi, iiduclice, to ci.loradiet
!.. ; hi, t!..dript;oo• ci rid
he byre: out. I. be r:III..EILL;L' I that

1 r.

Mr. Grubb laid out to,oool. on the Theatre, for
which he had received not more than 3001. and
that,he had purchafed four (tares, on each of which
be was entitled to il. a night, which, calculating
on zoo nights in a feafon, amounted to local. a
year ; therefore on there (hares 60001. was due to
Mr. Grubb, which ought to be liquidated as well,
and as foon as that of Hammerfley or any of
the Renters. He trufted the Court would take a
eomprehenfive view of this cafe ; that it would not
only provide for the future management of the pro-
perty, but aridly enquire into the manner its re-
ceipts heretofore have been applied, ad its prefent
debts have been contrafted.
Mr. SHERIDAN willed to know from Mr. AGAR,
whether he had inftruitions to fay that Mr. Grobb
was now difpofed to abide by the arbitration which
bad been propofed ?
Mr. AGAR was proceeding to reply, when
The LORD CHANCELLOR fAid, If the queftion
'was only between Grubb and Sheridan, he lbould
fay that there was great negligence on both fides.
Whether Grubb was a Proprietor or not, he had
\not fufficient evidence before•him to declare. He
could only fay, that from the affidavit of Mr.
Itichardfon he could derive no affiftance whatever;
for he could not pnderftand it. If the cafe, as
between Sheridan and Gmbh, was now before
him upon a hexing, after a bill filed, he fhould be
ready to fay, that the quefiion of fad iefpe&-
ing the partneifhip he foould refer to a jury
or to a Maffei., to determine.. He did not throw
out this with any idea of encouraging a new fug-
geffion, but be hoped they would refer this matter
,to arbitration. Whether he was not a partner up-
on certain conditions, and whether thefe condi.
tjpns were performed? were two queftions of fad.
IT he were not a partner in the furplus (and that
was difputed mofi certainly), he ought to be indern•
nified againft any claim in confequence of that
concern, the profits of which he did not participate
in. Then-with retpat to the arrears—if the par-.
ties were inclined to give him any Alliance, the
way might be much fmnothed. With the difpofi.
tion that had been manifefted of afcertaining all
the debts upon the property, he hoped that ;a1 ar-
rangement would be made which would refcue it
from its- prefent embarraffment, and make it u'ti-
mately produaive to all concerned. In regard to
future arrangement he fate not much difficulty.
'The plans handed up to him contained ()Ohms,
which, with very little variation, he thought ex-
tremely applicable. There was one other point,
as relating to the alledged contra& of Mr. Hol-
land—Uron this part of the fubjea he had to
fay, that he did not, from the materials before.
him, think he could infer that any fuck contra&
eTifted between Mr. Holland and the Traces, as
to warrant him to call upon the former for a fpe-
cific performance. On Saturday he would give
his judgment, according. to the bell conclufion he
could draw in his mind, from a confideration of all
the circumfiances urg,:d both on this and former
days; but he now informed them, that if he could
not fatisfy his mind upon all the 'points—and, con-
fidering the magnitude of the queffion, he fhould,
it he could not fatisfy hissawn conecience,poftpone
it to a future day—taking care that in the mean
time no new debt fhould be fuffered to accumu-
late, by making an order for the payment of ac-
tors and renters until the final decifion, which
could not be above a fortnight or three weeks.
Further poliponed to Saturday.