The Statesman.
London, England, 1818-08-15 00:00:00

Trit gTAITAMAN

The action arose out of a poblicatiohi which,
though 'libellous, was barely so, and hardly trans-
gressed the limits set by law. It was brought against
the Publisher and sot against the Author. And this
was not a matter of necessity, but of choice. For
the Editor had at once offered to give op the author
and the manuscript; thus not only directing the
PlaintilT to the right quarter, but furnishing him
with evidence to support his action, namely, the head-
er riling of the Author. It is said, that to vindicate
his character is the object of the Plaintiff. Surety'
this would
.be best vindicated in an action against
one who would have the means of justifying, if truth
end law enabled him to do so; mid who, in failing
to do so, would show that he was a calumniator.—
But here the Plaintiff rejected this surrender, and the
reason which he assigned was, that the author was
no mark for damages or costs! This might be true;
but what became of those generous effusions which
his Counsel were instructed to indulge in ? The
Plaintiff here seemed to recollect his pocket and
forget his reputation.
On the whole the Learned Judge said he felt him-
self obliged to direct the Jury to find for the Plaintiff,
but they would probably be disposed to console
themselves, under the necessity of following those
directions, by awarding damages of very small amount.
The Jury found a verdict for the Plaintiff—Sit.
place Damages, and Sixpence Costs.
Counsel for Plaintiff— Messrs. Goold, Sealy,
Townsend, and Warren—Agents, Messrs. Pope and
Resnard.
Counsel for Defendant—Messrs. Pennefather,
O'Connell, G. Bennett, and O'Driscoll—Agent, Mr.
James By rue.

•
DRURY-LANE THEATRE.
Sir A. PIGGOTT (as soon as some unimportant
matters had been dismissed) rose for the purpose of
moving to dissolve an Injunction, ordered upon •
previous day, to restrain the five Defendants, Lord,
Yarmouth, Mr. P. Moore, Mr. It. Wilson, Mr. It.
Walpole, and M. Douglas, from opening Droty-
Vine Theatre, and from making any eugogements With
keyhtemers for that purpose.
.4113 ii S. RostiLLY thought it right, before his Learn
ed Friend proceeded, to notice a preliminary ob-
jection, sit. that only three of the Defendants bad
put in an, answer to the Plaintiffs' bill.
Sir A. Piccorr answered, thst it was notorious
that Lord Yarmouth and Mr. Walpole had resigned

heir situations as Members of the Sub,Gtmmittee;

the former, however, had put in his iniswer !bib
morning, and the latter was out of the jurisdiction
of the Court. lie admitted that he was not furnish.

ed with a copy of Lord Yarmouth's answer. If this
objection had any weight, It would be obviated by
to-morrow morning, so that nothing would be gain.
ed by the delay.
The LORD CHANCELLOR saidi that if Sir Samuel
Romilly wished to see the answer of Lord Yarmouth,
the application was certainly reasonable ; bat his
Lordship certainly felt that it was of great importance
that the question whether such a place as Drury.
lane Theatre should or should not be closed, aught
to he decided as early as possible, This was pro-
bably merely a matter of a day's delay.
After a few more remarks upon this point of forth,
I Sir S. Roan t.Lir waved his objection, adding, that he
should take it that the answer of Lord Yarmouth
was in substance the same as that of the other De.
fendants. • ' •
Sir A. PIGGOTT then proceeded with his motion
to dissolve the Injunction. Ile 'observed, that the
order of his Lordship (see our Paper of yesterday),
that only one 'Counsel should be heard on each side,
would certainly be a great dissppeintment and per-
haps iconsiderable injury to his Clients, the Sub-
Committee of Drury-lane Theatre, against 'whom.
this Injunction had been moved. Since that order
had been moved, he had made it his business to read
the bill and 'the single affidavit by which it was ac-
companied, made by Mr. G. Henry ItivAlls, who, it
should seem, deposed on hit' own behalf and on that
of seven other persons who, perhaps his Lordship
was aware, composed a Select or Special Commttee
of the Proprietors of Drury-lane Theatre, which
Committee had taken upon themselves a great many
extraordinary powers, and had done about as mans
extraordinary acts: other persons were not joined in
the suit, so that there were eight Plaintiffs and five De.
fendants, who were all subscribers to an utlertek.
log which had received the sanction of the Legisla-
ture, the subscribers having been erected rote a Cor-
poration : the patent of the subscriptions of " each of
the parties was stated in the bill, one part of the
prayer of which was, that an account might be taken
of the debts due and owing from the said Theatre to
performers and other persons. This of course meant
lan account of debts as against the five Defendants ;
• but his Lordship, if the notoriety of the thing were
not so great, would, perhaps, he surprised to find
ußder the two Acts of Parliament, one of 1810 and
the other of 1814ohat a great number of persons
were concerned as Proprietors, and had charges and
demands upon that Theatre, which he was now re•
quired to shot up. It was singular, too, that no po.
sitive ground was heard for the interference of the
Court, for Mr. Robins himself only ventured to
swear that the keeping of it open might be injurious
to the interests of the concerts ; " that if the De.
fendants are allowed to re-open the Theatre and
carry on thestrical performances in it, the Deponent
and other Proprietors may sustain great loss and in.
jury thereby." Most assuredly, if the Injunction
were not dissolved, and the 'Theatre were closed,
many individuals would actually sustain great irs-
jury in a pecuniary point of view, and yet his Lord-
! ship was required to shut it up because the eight
Plaintiffs might by possibility be damaged. As to
the part of the prayer which required that accounts•
should be taken, it was evident from the hill and the
affidavit that there never was a case in which such a
demand was made with less reason ; for the state-
ment of all the concerns of the Theatre was most
complete and perfect, end the accounts were to be
taken, not against the whole Corporation, but
against four of the Proprietors ; and a demand was
added, that his Lordship would direct a proper sum
to be raised by mortgage ou sale of the property and
elects of the establishment, for the purpose of dis-
charging its debts. By the Acts of Parliament the
whole property (the patent, the building, the scenery,
the wardrobe) was vested in the general body of Pro.
prietors ; yet In this most tunable bill his Lordship
was called upon to order accounts, the raisins money.
by mortgage or sale, and to give directions for wind.
ing op and adjusting all the concerns of the Theatre.
After this, the purpose for which the bill was filed
was declared, viz. that the five Defendants might
restrained by Injunction from re-opening theTheatres,"
from entering into contracts with a Stage-managetst
and from engaging new Performers. Surely it never
occurred before to the mind of man, that the best
means of paying debts and obtaining money was
to deprive persons of the only means by which
it could be acquired. The Lord Chancellor
was petitioned to close the door of the Theatre,
that the Proprietors might grow rich upon
the profits of the concern. Such a proposition was
so absurd, that the absurdity was self-evident ; and,
in the mean time, what was to become of the per-
formers—of the mice lent company of comedians ?
They must, of necessity, be scattered not only over
this, but over foreign countries—they would be.
driven from Great Britain to America, or at least
would be dispersed over the provinces to seek a live.
lihood on country stages: and how were they again
to be collected if the Theatre were at any time re.
opened ? The whole establishment depended upon the
unity and adherence of its parts, and the portion of
the scheme of Mr. Robins and his friends was
quite as wise and discreet as the rest. It was re-
quired that the present Sub-Committee should vote
themselves unfit and incompetent; that they should
inetantly resign, that others might immediately step
into their places. So anomalous a proceeding was
never heard of before. In the first place; this was

I'

•;"

note creditor's bill: the eight i'laintitrs
scribers, and besides the litrge body or he: ••i
the same situation, there were don) ,00t

charges upon the concern to ri large gne.ent ; raritt,r4
upon the till houseosho had eonsen:ll to take I s.3d.
instead of Qs. 6d. or 34. per night, anti w,tose
claim was 37501. per annum ! the Subscribers had
shares of 1001. each, dud a free Rdnti.. un attached
to piety five shares, and this seas eitpreisly providetl
iri the Acts. Where were these Renters,indepen-

debt of all the other Proprietors? Had they
been consulted before this bill was filed; to pat
an end to she possibility of their receiving st
chilling? Wlutt was to become of the intemberances ?
—of the debt of 80,0001. ?.-of the bond creditors
to the amount of 21,0001.1—0 f the tenants of pi;
vote holes, who bad paid a ism of not lest than
53,0001? Ilad they been consulted before they were
deprived of all benefit ? Iled they even been told
that they bad advanced their money in vain, for the
performances were to he discontinued, and the doors
of the Theatre bailed up ? No; the eight Plain.;
tiffs had taken upon themselves to proceed with.;
out authority and without ipoltsgy. But; overlook-
ing for a moment the irritate rights which had
been so disregarded, it was impossible in thel
present form of the Acts that the Court should
ititerfete. It was said, indeed, t hat the Sub• Committed
was a mere pretence, that their nomination was in.
valid ; but if so, if they had been iMproperly chosen,
why was not a port of the onus of this case laid
upon the Court of King's • Bench ? Why did not
Mr. Robins and his friends, as in other cases of Cor-
porations, go there for informations in the nature of
ltusi warranto against the five illegal Sub-Committee
Teti? Instead of doing so, the Lord Chancellor
was Callerl upon to declare judicially that their ap.
pointments were invalid. The Act of 60 Geo. III:
created the Proprietors a jnint.steck Company—d
Corporation with a common seal, and all the other
appendages, and gave them power to raise 800,0001.
Ten persons were named in the Act es-a Committee,
among whom were .Lord Kintitird, Mr. Cavendish
Bredthaw, -M r. 11. C. Gooie, Mr. Wilants, and
various others, with power to assnciate to themselves
11 additional Membera, and to change Wren every
dear. It was remarkable, however, that these 'evert
were not to be excluded by vote, but the Ql names
were to be put into a boa, and the seven that came
out' ilist were to retire; so that the most active and
useful might be excluded, while Mr. A. B. a droning
and incompeteut Member, might remain to burden.
the operations of the Committee. It was !lowa
found that this strange plan would not answer; and
in the Act 52 Geo. 111. it was altered to exclusive
by ballot, and it was provided that six should go wit
annually, so that in shout three years the whole'
Committee, called the General Committee, Mis,ht be
changed ; and if Mr. Robins cod his friends thought
that such or such individuals were objectionable, he
had an opportunity of voting against their continuance
in office. By the same Act, the General Committee
of 21 were authorised to name a Sub-Committee of
Monovalent of five, to continue for three monde'
after the end of every season. This Sub-Oortimittee
was, however, removable by the General Committee,
and the General Committee by the body of Proprie.
tors at large. It was obvious, therefore, that three
months after the end of the season the Sub-Commita
tee was removable, and if Mr. Robins could per.
suede the Proprietors to be of his opinion by October
next, he might displace all the five Defendants who
appeared to him so obnoxious ; and he might, per*
halts, procure himself to be voted to this post of ho-
nour, which had been filled by Noblemen and Gene
tlemen. It was said that the Theatre had been mite
managed : perhaps so ; hut not by the Members of
the present Sub-Committee; for it was clear that last
year its affairs had been better conducted than in
any previous years : but beside. she c...are and
Sub-Committee, by the Act of 1812, three Tread.
tees were appointed, who were not removable, tin+
less they ceased to possess five shares of one hundred
pounds each ; and here was another anomaly ; for
the quilificatiote for the General Committee was only
three shares, and for the Sub-Committee five shares;
and the Sub-Committee was to be chosen out of the
• General Committee, so that it Might happen that
there were not on the General Committee, Members
enough, with five shares each, to form the Sub-
Committee, and then the Theatre must of course go
unmanaged. The Duke of Devonshire was one of
the trustees, and Mr. P. Moore and Mr. Douglas the
two others; mod the Statute indemnified them against
any acts bat their own. Yet these arcounts now
prayed were to be taken against them, and they had
not been made Defendants, nor had any notice beets
given to them. The bill was defectiie in many parts,
but especially in this—that while it stated a debt of
80,0001., and suggested the payment of it by sale or
mortgage of some part of the Theatre, it did trot give
the least hint as to what it 'would be fit to sell or
mortgage. Did they mean, that some of the fruit.
stalls or small private tenements were to be sold for
the payment of 80,0001.? or that, though the value
of the establishment consisted in its totality, one
-part of it wits in be separated from the rest, for the
purpose of making the whole useless? Nett, it was
asserted, that- the capital was exhausted; but the ca.
pital of tomb a concern consisted of the building, the
scenery, the wardrobe, upon which the greater pare
of the 300,0001. sat horised by Parliament had been
expended; this was net exhausted, nor would it be,
unless the Plaintiffs induced some of the creditors to
step in and ruin the whole Theatre, by stripping it
of what was most valuable. Something had beets
said about the patent; but what authority had these
eight Gentlemen to say, that the Theatre should
be closed, and the Public deprived of the amuse.
meet it would otherwise receive? If Drury-lens
were closed, what answer could be. made to any
persona who might claim from the Crown a new
patent ? What Could be said to the numerous enter.
prising theatrical epeculetors, who were erecting
houses in thit vicinity of the metropolis to rival, as
for as possible, the two Anvil Theatres? These con-
sequences seemed to have been not at all attended
to by the short-sighted Gentlemen with whom this
applicetiou originated. Looking et the allegations
in -the bill, it was in the brat place. to be remarked,
that the establishment was not like 'canal in 'course
of being made, and for the completion of which ad..
ditionel sums are necessary; but the Theatre was
theepe oi !list isobnoom
if
sal;
dcorammpale.te
had
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years ago, and it was some time before the affairs he.
came greatly embarrassed; tot not long since, in the
- present year, a General Meeting of Proprietors was
held, and a Special or Select Committee was then
named, to inspect the real state of the emirs of the
concern. They reported on the Bth June. 181 S, and
among 550 proprietors, many of whom held only one
or two shares, and did not give themselves mach trou-
ble about them, this small body of active individuals
obtained considerable influence; but such a body was
not recognised in either of the Acts ; they were not
even referred to, and although they might report,
they could have no pretensions to direct. They
found debts to the amount of 80.0001., and sums
due upon bonds to the extent of 24,0001., and they
recommended a reduction in salaries, &c., which, for
aught they knew, the Sub-Committee intended to
effect. They added, what no doubt was very sensi-
ble advice, that a well-grounded hope of suc.
cess must depend more upon increased attrac-
Cott than upon diminished eapenditure ; and con-
cluded with the strange proposition, that no attempt
should be made to open the Theatre in the ensuing
season without some previous arrangement with the
creditors. By the creditors, they must mean all
the creditors, and yet they themselves only proposed
to pay 17,0001. out of 80,0001., which, at 10s. in the
pound, which some had agreed to take, would onlj
deduct 31.0001. . This was all they could do, sad
because this had not been done, the doors of the
house were to be hammered up; and to carry this
notable project into ezectition, the Court of Chats-
eery was applied to. They went on to add, that the
system of management must be changed, end here
day-light began to appear. Now, it began to be evi-
dent, that a job was at Ih...bottom of their recom-
mendation, for they subjoined in their Report, that
during the ensuing season the affairs of the Theatre
ought to be subject to the management of one per.
son only, who was to possess all the power previ-
ously exercised by the Sub. Committee. That was to
say, that the Sub-Committee ought to be done sway
with; but the proper and onls place to apply tones
the Legislature, to repeal the Act which expressly
appointed that. Sub-Committee A Resolution to
the above effect was afterwards passed by the Pro-
prietors, hut it was all waste paper, and while the
Acts remained in force, had and could have no more
effect than the ballad of Robin flood. However,the
proposition (originating probably in Messrs. Ellis and
Cocker) they thought vastly better than any legisla.
tire provision. 'l'he Select Committee talked out
their duties—what duties? Their duty in suggesting
the alterations of the very principles on which the
Theatre was conducted? How did it become their
duty ? It did not become so because they had assumed
it ; .tor did it follow that it was expedient to raise
17,0001. by sale or mortgage, because they had
thought fit to contract for the payment of a favoured
few of the creditors of the concern. What right had
they to say that the Theatre should not be opened
until 10e. in the pound were paid? Or what right
had they to give an opinion that the management
ought to be intrusted to one dictator? It soon after-
ward appeared,. that Mr. Column was the Wiwi.
dual they had pitched,. upon. Ile was, no doubt,
• most experienced man in theatrical aff;irs, and a matt
of 1141 t talent; perhaps uneaceptiooable : but, sup -
posiog the Sub-Committee had yielded; suppoaing
they had consented te• the trial of tats Mild scheme,
what could they have seta to any man who had embark-
ed his property in their heatre—to any widow with a
family sihese sole dependence was in its emcees, if it
had failed ? Were Mf. Coleman the wealthiist man
In London, it did not at 101 follow that the SUb Com.
mittee were bound to trust him'; and the suggestion
would seem preposterous to rho verieSt tyro of the
prraog.ion. LI sass not true that too great facility had
been shown in obtaining articles from trades-limp'. ;
and many other parts of the Report, as applied to
the present Sob- Committee, were equally unfounded.
The Learned Counsel the., entered into .a mote par.
ticular detail of the CR11142916 of .the Report of the
Select 'Committee, and of the proceediugs had upon
it, which are already before the Public. Ile after-
wards referred to the contents of the answer put in by
the Defendants, by which it appeared that when they
'came into office a estm of 61,0001. was due to various
-Creditors :tt was not necessary to go through it, asi
the chief facts were known, hut the whole equity of
the bill was flatly decried. A point had been made
that the Sub-Committee were not validly chosen ;
that their nomination was not, as the Act re.
qui•-ed, submitted to the general body of Proprietors;
the first Sub-Committee had been so confirmed, but
since that time it had been renewed by filling up
vacancies, and it was wholly needless.
The LORD CHANCELLOR—The General Committee
of 21 are to name five members for the Sob• Com•
mitre's, and supposing that their choice is to he con-
firmed; I wish to know whether the plats of the St.h.
Committee, when so formed, is subject to the revisal
of the body at larg, ?
Sir S. RoantLy—Certainly net.
The LORD CHANCELLOR—There is no express
clause for the approbation of the Sub-Committee ;
but I understand then, that when the Committee is
once legally formed, all the powers of management
are invested in it.
Sir S. Romtxxv—Yes, with power. to make con-
tracts to bind all the Proprietors.
Sir A. PIGGOTT further submitted, that the Court
could not proceed merely upon the ground that the
Theatre was embarrasied ; for there could he nothing
more absurd than to dote it ender such circum.
stances, and prevent the possibility of profit. The
Defendants had 90 shares among them; and of course
they 'had a deep interest tit _making lite concern ad-
vantageous: no specific charge of atismanagement
was attempted, and the general accasittions were all
distinctly contradicted: .They. "did not wish to employ
unnecessary performersf-but men of talents must be
paid their equivalent, and "Jew were judges of the
real merits of actors. it efts admitted that the sum
of nee thousand pounds world •be wanted to open
the Theatre again, and Mr. P. Moore was
.ready to
furnish it, in the hope that the eeason would be
soccessfel. It was-qeite clear that the parties now
bringing this matter. before his Lordship did not act
merely because they bad the interests of the Pro.
prietors at heart : these projects and speculations were
not invented and attempted to be enforced for nothing;
the eight Plaintiffs espected to have their quid pro
quo in some way or other out of the concern ; but he
hoped that nothing his Lordship should think it right

.~---~

-rlirr, ST V' Fg744A141
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to do would hate the effect of forwarding their inju-
rious schemes. Here the Learned Counsel conclud-
ed by expressing his confident hope that the Injunc-
(too would be dissolved ; but, after he had sat down,
he begged to state a few passages out of the answer,
to which he had not sufficiently directed his Lord.
ship's attention. They referred to the necessity of
keeping the Theatre open for the sake of paying the
annual charges upon it ; the rent and taxes exceeded
3,0001. a-year, and the sum to he paid to Renters
for 80 years was 3,7501. The Sub-Committee had
not made any positive engagement but with MOH
Cubit and Mr. Stephen Kemble, who was to be Siegel
Manager at 4001. a year, and 101. per cent. upon.
the profits. • 'The Learned Counsel also read the
clause of the At t of 52 Gen. 111. relating to the ap-
pointment of the Sub-Committee, contending that
the approbation of that body by the Proprietors only
applied to the first Sub-Committee after the Theatre
was re-bui't.
Sir S. Rosittuv, on the other side, commenced by
observiwg, that it would be quite unnecessary for him
to occupy needy so large a portion of his Lordship's
time as his adversary had employed : his Lordship's
order that only one Counsel for each party should he
heard hail hitherto been of little avail, for Sir A.
Piggott had consumed at least as many hours as would
have been engaged in this question, if each of his
Learned Coadjutors had been beard. [Sir A. Piggott
spoke for two hours.] He had certainly had a diffi-
cult task to answer the case on behalf of the Injunc-
' Lion, and he (Sir S. Hominy) had more reason to
complain of the spirit of the address just delivered,
than of its arguments. What had produced the as-
perity, the sarcasm, and almost the ill-humour dis.
played by his Learned Friend, he could not, imagine.
Why he imputed to- the Plaintiffs any intention to
makes job of the Theatre, and that they slid not act
for the benefit of the generel body of Proprietors, but
for their own private views, he (Sir S. Romilly)could
not guess. In the case there was certainly nothteg
to warrant the supposition, and the object really
seemed to be to make a vain attempt to prejotlice his
Lordship's mind. The first objection made was to ;he
want of parties; that the Duke of Devonshire, anti
the several iticumberancers, had .not not. been made
defendants; but it was unnecessary to snakier it, be-
cause, if it were a defect, it could he remedied. to. ,
morrow without even the necessity of an appeatauce
His Learned Friend's anger was probably only
the anger of those who instructed him, who
spoke through him, who breathed it tutu_ him,
like the vile dream into the ear of Fre. [Nlr
Peter Mo-ore sat just behind Sir Arthur
.Piggott.]
The general merits lay in a very narrow compass :
the Plsintiffs did not come forward itt their itolivi•
dual capacities, but to carry into execution, on be-
half of themselves and others, certain Resolutions
passed by a great majority at a General Meeting :
this was the ordinary course, and if the Acts gave the
Select Committee no authority as a recognised body,
he should he glad to know what part of them pro-
hibited a large assembly from appointing certain per-
sons among them a Committee, to enquire into and
report upon certain facts ? The acts of that Com-
mittee, it was true, were nothing without the adop-
tion of the general body ; but they had been adopted,
and all objection upon that ground was therefore
removed. Sir A. Piggott had represented this as the
application of Messrs. Cocker and Ellis, who were
Proprietors and Solicitors of high respectability. It
was not their application more than that of the Hon.
Mr. Lamb or Mr. C.,lcraft. Surely, his Learned
Friend did lint expect here again to attempt to pre.
judice the mind of his Lordship : if they were Soli•
citors, why might the) trot come before the Court ?
It was said, that a Welch Judge once thus addressed
a Welch Jur) Gentlemen, it is unnece•sary in
this case to call arty witnesses ; it is extremely short
—it is an action by a •rich attorney against a poor
widow, and you -will of course find your verdict for
the Defendant." Sir - Arthur Piggott could not
surely expect that his Lordship would enter•
lain the same unreasonable bias against parties
because they happened to belong to a most se.
spectable profession. The truth, however,. was,
hat neither Mr. Cocker nor Mr. Ellis had ever

taken any part in these proceedings until after the
Bth of July. It had been represented that this propo.
sition was absurd, monstrous, extravagant, notable,
with other terms of contempt and derision totally in-
applicable; that it was to shut up the Theatre for
ever, and to put en end to all hope of emolument.—
Not the slightest imputation was cast upon the Mem-
bers of the Sub-Committee further than incompe-
tence ; they had nothing to gain by their mismanale-
ment, though the Proprie ors hail a great deal to
lose; they might possess talents to govern Senates,
or even to sway empires ; and all that was Said was,
that they did not understand the affairs of a Therm,.
TS(' great body of Proprietors feared that• their mis-
management would be ruinous to the establishment,
and by this motion they were desirous only of avert-
ing that impending ruin. His Learned Friend had
said much, but explained little, about some secret
job, some private end to be gained by the removal of
the present administration of the Theatre: no doubt
the secretary of state of that aricniniatration, the first
lord of the treasury, the chancellor of the exche-
quer, and all the other officers, were like other great
personages, willing to stick to their seats as long as
possible, and no others were anxious to get into their
places; but it did not always follow, as his Learned
Friend Oust know, that pecuniary motives influ►nced,
this desire; the love of power was stronger than the
love of pelf,and,- whatever the joh might be; it was clea r
that it was not a corrupt one. The Prope;etors only
wished io interfere because they had a great stake in
the concern, and the true and avowed purpose of the
Injunction was to take the management out of the
•handi that now held it.
The LORD CuANCELLOR.-It should seem -that
with this theatrical administration the Great Seal is
in commission: the act places it in the hands of five.
Sir S. itoramr.v.—The Keeper of the Conscience,
I take it, is my Learned Friend Mr. Wilson.
Sir A. PIGGOTT said, that he certainly could not use

the Great Seal.
Sir S. Komi LLY contintied.—lt did nut appear that
the Keeper of the Conscience had much conscience in
his treatment of the creditors, whom he wait unw filling
to pay their lawful demands even as far as they could
be satisfied. CA .short conver.ation lIPTP took place,
as to the precise words of Mr. Rubin►'s affidavit, as
to the injury the Company would receive if the we.

.. .

,

Sir
sn.agnefimieninitlywceorieo:nodoeidie,utehdatinhetheimporeresset.sthtahtatn4l.cc..
nut.
Sirpan
Ay
.o fr,Proprietors
Piggott
insi s
insisted,
thati a n dh
etroontilcd.
might sustain injury. .On referent* to -the office
copy, we believe that it ties in both ways.—
Isuaskdtai4lia.athrYe;
The point was of little • impoiiinee, excepting that
the other side relied upou it : the facts, however,
proved it; for, with the exception of only one year,
the Theatre had been a losing concern from the first
season it opened. The debt wss now 80,0001. and
though it was true that when
,the Defendants clime
Into office, 61,0001. of that had been incurred, yet
they could not deny that the remainder, viz. 19 0001.
was a debt contracted during their administration.
Was not that then a loosing concern ; end what pro.'
spect was there that it would not so continue, as at
present conducted ? What answer could be given
to that ? None ; and none had been attempted, ex-
cepting that It was asserted that the Plaintiffs wished
to shut op the Theatre for ever: this was, however,
a mistake; but suppose they did wish to put an end
to the concern entirely, would it not be again to pot
an end to a loss which the Theatre had long been ?
It was asked, how then can you pay the performers
—how can you pay the bills of the tradesinen Cer-
tainly not ; but no new bills would then be incurred,
nn new debts contracted; and it was not because a
despotic triumvirate wished to go on from bad to
worse, by adding new burdens, that it was to be pee-
-1 milted. But, cried Mr. Moore, "if money is want-
! ed, byre it is. Here I offer you a thousand pounds
with which you may open the house." But would
a single thousand pay debts to eighty times the
11 amount, or would it do what the Select Com.'
mates pinpesed, would it relieve the establishment
from 34,0001. by actually disbursing 17,0001. at.
the- rate of ten shillings in the pound. Mr. Moore'i
L00M...0r such an undertaking wus about upon ti
pet-wilt the design of certain disaffected persons wlto,'l
wilka !Tertiary of 101. 6s. Bd., set about overturning'
a mighty monarchy. Mr. Moore had advanced 1001.
la,t }PIN. but it had only been injurious, for not
only that was lost, bat many ethers went after it,
and the effect of it again would, probably be to keep
the house open until a few of the most angry creditors
.could send in executions to sweep away the wardrobe
and the scenery. If 'afterwards the Public would
roe''e to see their plays, wide the actors were with-
out dresses and the stage with bare walls, so much
the better for Mr. Macre and his coadjutors. The
answer of the D. residents clerkly 'admitted, that they
could not proceed without ealesoz mortgage ;lied yet
what did they risk but t hit thiiltiaiiiiiiters wider their
steerage should embark egein in certain ruin ? Theo.
who had obtained the Injunction dial not, however,
wish that the 'Theatre should bii shot fur ever : they
only required that a pause'. should be made,
during vr.dch some hungry eiteditiris. might be
satisfied by the pay ment of 17,0001. instead of
34.0001., for with those crelitois a positive slid
very advantageous agreement had been mar'e by the-
select Committee. Therefore, the wotiderfuk, notable,
extravagant, absurd proposition was this, and 'lto.'
thing else—that a pause should be made (of the.sikii,
of a clear gain rf 17,0001. A great majority 'of
Proprietors had thought the plan neither absuid `it o r
extravagant, hut advisable; and though neither be•
(Sir Samuel Romilly) nor liiitearOerfriend (Sir
Arthur Piggott) ;were in the habit of 'paying grist
deference-4o uorjarbles, where corrupt influence
was employed; yet, iii this emit., there was no *pre.
tense for saying it had or could have beery used ; the
Proprietors were tinly guided by a clear view of their
pecuniary interests. This majority had deprived the
Sub-Committee of all nower, even sunposink it-had
been duly (gingen and confirmed; Sod as I wollembers
of the Sub-Committee had withdrawn and refused
to act, it was obvious, under the 52d Coo. -11 L,
that they Were no Sub-Confnliittee Witt: if,' there-i
fore, they. were-about to enter Into treWongsketients,
and to ferm new coniracti, not-be 'tread-
Foie, being unduly oppointid;:tV he removed from
situation that might he attended'ilith St heavy. 'respon-
sibility. The 30th section kiss *if certain • roles, by
which the first Sub: Commifteis• Was to bi chosen, and
among them was the aPplohatiiin fief the general body
cf Proprietors ; and the Oh-Section referred to the
election of subsequent Sub.Civirimittees, and required
that the same rules and regolstiobs shotild be observed.
En this case they had not been observed, for the pre.
seat Suh.Committee'had been only appointed by the
Committee of 21, and never coofirmed at any Gene-
ral Meeting. •
A short discussion here took place between all the
Counsel on both sides as to the. words and meaning
of the Acts; it was terminated by
The Lotto CHANCELLOR, who observed that he
should take care to iiad carefully the various clauses
before he derided.
[His Lordship here complitned that a breach of
good faith hail been practised upon him, for when
these Acts were before the House of Lords a pocitive•
eogneemetit had been made that the affairs of Drury.
lane Theatre should never be brought before him.] •
Sir, S. Roams:lr went on to argue further, that
as Mr. Walpole .and Laid Yarmouth had retired,
-and had ceased to act on' 'he Suh•Corominee, the
three missing could a, nothing; he did not contend
that the concurrence of all five wasmeceasary, but
under the Act he argued that all must vote Olson
every question, that toe Proprietors might at least
hove the benefit of. their attendance and opinions.—.
The two months' previoui notice which they' were
obliged to give, had, rerreoce to their ceasing to act,
and they (.4,0,1 not cease to act
.without it. and within
.10 days the other Sub.bni-mittits.tnen were required,
to till up the vacancy. Sir A. P. had been prodigi.
ously angry thst the Select Committee had presumed
to do. what Shay were *appointed for, vlz. to ex-
press an opinion whether the Theatre should con-
tissue open : they were not to be permitted to
have an opinion or to express it ; a liberty enjoyed
by the vprie-T slave was not to be granted to
them. an tyrannical this aristocracy, or oligarchy,
or whatever it might he called, of Drury•lane, had
become. The Plaintiff; lord recommended the ap-
pointment of a single individual, and this again ex-
cited the choler of his Learned Friend, who had for.
gotten in his heat that his own Clients, the Sub-Corn.
mitts..., had themselves offered to Mr. Colman ex-
actly what the Select Committee had proposed. It
was undeniable that all Theatres that had been pro.
'wrong had been• under tltecontroul of one individual;
Covent-garden had only one Manager, and it was

~-

---_— -
PRICE OF
St. •James's Market .. 4s. &t.
Clare M3I ket 041.
irket 3s. Bd.
per et. 44 tit!).
Average.... 4s. 61.

COU !M..; OF EXCHA
Airerdam. 37 2 13 2 U.
nna. at stab . 3 i s
Atimierdain, II 8 C. F.,
Ditto. at sight, II 5
Rotterdam. 11 9 9 U.
Antwerp, if 13 es ono:
Haratturah. 34 6 2b•U. ,
31.7 4y U.
Pais, 3 days's sight, 24 25 IL
Dino, 94 I+s 2 U.
11..urdeatix. 24 53
Flank on theMaine,l43ben.mo
Madrid, 39 effective
Cadiz, 39 effective
Gilboa. 386
(Seville, 3Sb
Gibraltar, 31

i

a•

voccessfol. Drury-lane had fisp. an_.
This was, in troth, the great difference;
that was asked was, as in the case of -
other public work) that the Cotinnii
be permitted to make contracts which
fulfil, and which would only sooner It
rain of the whole concern. As to
evident that it was all expended: M,
offer of a loan of a paltry thousand pros,
the building, the scenery and the Mush
more to he considered capital, in the of
the word, than the counting.house, deli
ledgers, were to be called the capita!'
Some topics had been addressed to
which were not expected ; such, f
the dispersion of the performers,
might be obliged to withdraw their t,
rice ; but such a state of things, how,
might be inevitable: he did not say thl
he did not think it, hot they ought ti
the loss, and some had accepted lOs.
The effect of this Injunction would pr,
the delay of the performances tilt Ch,
beginning of the season the town wet
and fuller houses would probably he
delay. Under all the circumstances,
his Lordship would see the necessity
the injunction.
Sir A • I'IcoOTT replied, principal
the points urisiog out of the precise w,
tutes. He persisted that the project Oh
was so extravagant, that it almost horde,
nit), : it seemed as if it were the desig'
Committtee to make the fortunes of the
Covent-garden by shutting Drury-1,
been whispered that Mr. Rot•itis was
prietorof the former ; he did not say t,
but at all events he was an auctioneek
.be a very good job indeed for him if
Old Drury to his hammer.
Tli, Lonn Cirmsceta..)a said, the
mould look into•the two Acts to.nigl
opinion' to-morrow morning; if
should know it on Mo. day. The fi,
been the want of parties ; and recul
culties that had arisen in the case of f
from this defect, it w4s to he wishes
be included. There were certainly
of bond.holdere deeply interested,
notice to them ir would, perhaps, he
4inpe ibis Injunctios., it was fit also
that if the Sub-Committee were not
could not I•ii•fl the Ccrporation by
if a performer were engaged by them,
tro claim against 1L... Chi. poorly, , thous
lite deci•ions, it seemed that he mil
medy ogaititt the pseudo Sub-Commix
other band, it had been properly cot
'part of the Corporation—al, acting it,
; and looking at the Acts it bad stt
,as a question or d oubt and importance.
Committee could be constituted escep
in the manner specified. If, then,
had neglecred the proper means and of
might not be ahle•to • supply the del
,-case a question might arise, whether
would not be gone altogether.. The
Aitrich the Court had acted in cases of
not to interfere, unless it appeared
mischief would arise if it did not
this swat illustrated by the application regarding
roosts; the only case -referred to on either aide:
whether this was brought within that principle
his Lordship would not now determine. There it-,
was yet another point deserving serious notice,
and it was this—whether, let the power be lodged ".11
;Ishete it Might, the Acts of Parliament bed not been.. e
given under a pledge that the Theatre should be ilk
opened and carried on by. the ways and memos the
.Legislature had directed. By the patent, the Pro. ',11!-
•priptors claimed a- right to esclude all others frets "1"
'setting op a rival concern, mad they might he bound .!!"
•it iftford the Public this species of amusement at all .4*
eventi. His Lordithip concluded by repeating the
sentence with which he commenced.
• Lord Ylrniotith, Mr: R. Wilson, Mr. Dooglat,
end ortieti ,were in Costs, which was math crowded
during the whole of, the orpiment.

UXBRIDGE.
Carn-inspector's Return.—THURSDAY AVG. 11
Wheat, per Pand lBl. 15s. to 241.
Batley, per quarter 443. —d. to 50.. —d.
Oats
Beam

TO 111111
I die
"TV I
whitest
Robots;
I wilier,
duel.
Alettoo
'Tilton' R
bites, Re
fichoge, a
Veromelii
To he
and Cited.
T"E
agree& tp
orders pry
meteor IN
seiroelte
Moires
repo a. I
compose
the epee
Moo, on
loose, of
emobarsi

NEVVGATE AND CE-ADENIIALL MARKETS,
(b) the Carcass.)
Reef .... Od. to its. Yd. Veal 4s. Od. in ss. 41
Mutton ... 4*. id. is 40. 11J. k 56. ()d. to 5,1. M
totiob ...4-. Bd. to ss. Bd.

TALLOW.
Town Tallow 84s. Od. --s• Oi
Yellow /tussles 79 Od. ed.
White ditto. 765. od.
Sq•ip ditto ..764. (Id. 04 •
Melting btull 70s. 04. (IL
Ditto rougb..4tis. Od.
tit-ayes l6s.
(fond Dress •
Yellow Sams. 101s.—Mottled.1164.—Curd, 140..—Pettr, 1106
Piece of Caiiiiles, per dozeu. 255. 6d.—Moulds, 15-.od.

*Re-;
sr Cop
eaa
deatideds
0 bupe.
11011, of la
; 161
ridim
014E1
1
te be 0
Te W.
Prdethil'
dem, at a
diet rata
Will be

-
NGE, FRIDAY, Auc. 14.
Leghorn.
Genoa. 47
Ma:tes, 50 *.
Venter, 25
Naples, 431
Palermo. lt9 per opt.
Lisbon 581
Oporto, blie
Itio Janeiro, 68
Dublin. lob per Cent.
Cork, 10i per Cent.
Agio of the Runk on H
cl
Portugal Gold, in Coiel!tilit
pel• oz.
Gold, in Bars, 41. ls.6d.
•New'Doßars, 51 50.
Siltervin harsotundaril ,ss. f
t.
DIED.
On Wednesday, the 12th ini•lituq, at I amileth. Mrs. Blend
rel,ct of the late of Mr. Tbnenas !Shield. formerly of Surfer
street,
On the Thomas Latham, Esq. of Champion-hill,
Camberwell. in the 75th year of his age.
On Thursday last, Robert Benton, Esq. of Bart:shury-places
I.lingeon, aged 86.
On the bits instant, at Cheltenham, Arundel Roberts. El+
aged 45.
• On Monday, the 10th instant, in the 84th year of hisOree
deeply regretted by his numerous friends and connexions.
Leq. of DulwieM, Surrey •w I. beneficcuceeztenu
to mane who now deeply lament their loss.
On the 1 ltle initial, in his 66th year. Robert Carr Bracken-
; bury. Esq. of Reidsby-luill,

waiala
Paul's C
Bulbar',
Pia. 93,
Clarke).
cash
MEI
Sew Bei
ed at C
1.,. Ra
New Ii
beds see
had Hap
awe, se
abil stye
saliing
K Medic
la ibis I
eases at

as a diba
AU kale
MI nose

ntr
!MN : Printe4 and c,os r•, •••
N.: (1 EQ31.13 OF ter" No, 1,9 th sbury•cmtrr, F. A...4rt."'

S

. .
.. . .
•
CP4
lizoka;ziitilt
nd it wag r`ll
1` e7-g
erence; awl al!
If i coned or sq.
hues' should not
y.l) they could not
•
lead in the ion
n capitol, it ~,s
Ir. M often 0., No. osed I fit- fart; ~,,d
lie to...ks ‘erpne
i
ndinary sills, of
leaks, stole,. ,nni
, • 4.7.F.......1.0
al rf a mereheut. . ...
lo his Lordship
fur instanrei 1,
some of eh%
talents to Au& ...
Vetter uripleeennt, ,
hat it was so, tot
to beer s parr 4
h. in the pound;
probably ohly 4
-
;ti, ist mai ;it ill ..
as always limn
,::.'
he mused !.) Iv" k
a, he trusted tlut 6. a
el
ty of COntiOlllll
111111111r1110pff
i "rows all I
tally referring 1, * • loaf sadl
n• ords n f th, si. 1 . 1 seSo6o0future :91
on the (obeli* -• bee fhwi
.-iiheniradhe
or
;d i:
16114.1%. 1
,* 74gpralwelow
to rove
the Promeiond -4; ' . ratzEt
lane, anti it tad •
i a it extensive Ku.
that this own',, Wamtt
• -
. CASK('
wr,, and it would , • ulnae Ls
.
if he could brigs 4.1 .
.
Besides I
hat if possible'', ' 4,
fight, and state his .
not, the patties .—.....1
first objection had - TO 111
ullerting the dii. At the i
F
Aug.
! the Opers.hous linkl
e ; that all shank} ' THE
al, sod greetel ell:blob: ',: italli"ls.l:
be unjust to cos. -'' highest rei
io to he remarked, The Re
',dictted
: well elected, they . Anmlaities,
y their acts; and prodded 1
mt, he could litre The AO
per Cents,
night according to • • Ansl On
sight hate his re. I. amities on
lit! ee. If, on the : '.l Also 40 5
Shares II
Jitstituted, It wire
p: 10
y
and a binding part al
.. Deptford
truck his Lordship ' dittos a*
c'e whether a Sub. ''' Pei."(
9
1 w (be !ept at ul. inverse • Aodit
• . No, e
n
Hoe
, the Corpervies
O
opportunity,thrf *t
th
deficiency : intits ' • A
r the Corponata "
.1w
Too principle se 4,'
of this kind, Wit
I that immediate' 11,
t interpose; and V
1.. lb,
cation regarding • '•
iminnt.2
• W
on either side : • ......