taken of her legs, which you shall see, gentlemen. There they are;
as fine a straight leg and as proper a calf--you shall seldom see a
woman's leg so well made.--I don't question, gentlemen, but you have
seen great choice, gentlemen, in your posts; are well acquainted with
the symmetry of parts, and correspondence of limbs.
_Sev._ Well, madam, you speak of your goods so advantageously, and set
them off so reasonably, that if the lady pleases to show her face, we
shall give twenty shillings a week, certain.
_Mrs. Fen._ She is your servant, and shall constantly attend
rehearsals. [DAUGHTER _unmasks._
_Sev._ On my word, a very surprising face.--Pray, madam, may I beg the
favour to see those pretty lips move?
_Daughter._ Yes, sir.
_Sev._ Pray, madam, raise your voice a note higher.
_Mrs. Fen._ Gentlemen, I beg she may be kept wholly for tragedy, for
she takes prodigiously after me. She can act only an haughty part; I
was prodigiously haughty in my youth. She will never act naturally
anything but what's cruel and unnatural, as the men call it.
_Sev._ But, madam, can't she repeat any verses, any parts of a play?
It's strange she should have an inclination to the stage, and yet
nothing by heart.
_Mrs. Fen._ Oh, I have inured her to get as many things as possible
to arm her against the wiles of men; as those concerning Sir Charles
Sedley--Say on, good Betty.
_Daughter._ "Sedley has that prevailing gentle art,
That can with a resistless charm impart
The loosest wishes to the chastest heart."[140]
_Sev._ "The loosest wishes!"--I fancy somebody or other has seen her
legs otherwise than by a model--she speaks so sensibly! [_Aside._
_Daughter._ "Raise such a conflict, kindle such a fire
Between declining virtue and desire,
Till the poor vanquish'd maid dissolves away,
In dreams all night, in sighs and tears all day."
_Sev._ Well, madam, pluck up a spirit; and let us hear you grace it,
and do it with an air. Speak it politely, with a side face; you are
to imagine an audience though there is none; and pray speak it with
courage--
"Sedley has that prevailing," &c.
_Hum._ Madam, you may be sure of all the encouragement and care your
beauty and merit deserve. [_Exeunt_ MRS. FENNELL _and_ DAUGHTER.
Well, now, let us look into some scenes that are under examination,
whether proper to be exhibited or not. Let the scene of Mr. Buskin come
on.
[_Trumpets sound, and drums beat a march._]
_Enter_ BUSKIN.
_Busk._ "In vain has conquest waited on my sword,
In vain th' obedient waves have wafted o'er
The bark in which I sailed; as if the gods
Had ordered nature to preserve her course
With gentle clime and season, to convey
In safety me, their instrument of fate."
_Hum._ Ho! brave, ho! brave. What's to come after that?
_Busk._ "All this was vain, since Clidiamira's eyes
Have met with mine--and stopped my race of glory.
Oh, Clidiamira--Oh! oh! oh! let all
The elements break loose--"
_Hum._ Ay, ay, to be sure, they can do no less, if Clidiamira's really
angry; but not so fast, not so fast, if you please.
_Busk._ Pray, sir, give me leave--Oh, Mr. Humber, is it you? Your
humble servant.--I submit--I know you are a critic.
_Hum._ To be free, sir, you must know this way of blustering is a
stage legerdemain; a trick upon the eyes and ears of the audience. Look
you, sir, this is a time of licentiousness; and we must examine things,
now we are setting up to strip you, to know whether what you say is
good or not.
_Busk._ How, strip me!
_Hum._ Ay, strip you--for if it be not sense in your doublet, it is not
in your long robe. High heels on your shoes, or the feathers on your
beaver, cannot exalt you a tittle. No; you must know, good folks, this
is all a cheat. Such stuff as this is only a tragedy of feathers--it is
only lace and ribbon in distress; undress the actor, and the speech is
spoiled.
_All._ Strip him--strip him! [_They pull off his clothes._
_Hum._ Now speak, now speak.
_Busk._ Give me my truncheon at least; I got it by heart with a stick
in my hand.
_Many._ Ha, ha, ha; let him have his truncheon--let him have his
truncheon.
_Busk._ Nay--pray, gentlemen and ladies, let me come on the same
board.--Nay--
_Hum._ You shall do that.--Well, but begin.
_Busk._ "In vain has conquest"--shan't I have a little of the trumpet?
_All._ No, no, no.
_Busk._ Then the drum only?
_All._ No, no.
_Busk._ "Oh, Clidiamira--oh! oh! oh!"--It won't do; one can't follow
either love or honour without some equipage.
_Hum._ Well then, master, to keep you in countenance, you shall take
up your things, and in your doublet speak that sentiment in the play
called _The Patriot_,[141] wherein the great lord speaks to his
friend, who applauds the bestowing of his bounty. The friend, taking
notice of his conveying secretly relief to a distress'd person of great
merit, and thinking to please him, tells him that the man obliged has
found out who sent it, and said it was a God-like action. To which the
answer:
"God-like indeed, could one bestow unseen!
Thanks are too large returns, from soul to soul,
For anything that we can handle thus:
Heaven has no more for giving us our all.
The means of sustenance man owes to man,
As angels give each other thought for thought."
Mr. Buskin, your most humble servant; mingle with the company.--Take
your things. Say that in a doublet, cap, or waistcoat, with or without
shoes, and make it little if you can. [_The crowd takes in_ BUSKIN.
_Hum._ But I see you grow uneasy, to be diverted from your main design;
I'll only trouble you with two circumstances, which to me appear
very magnificent, tragical, and great: the one is a great favourite
in a court, a man of consummate honour, who was surrounded with many
difficulties and enemies. They got the better of him so far, as that
he must be sacrificed unless he would open a letter which came by an
error into his hand, but was directed to his enemy. He comes on in a
soliloquy, but chooses to preserve his honour and abstain from opening
it, and goes on to his ruin. He says but a word or two; but let him
come.
_Enter a_ TRAGEDIAN, _with a letter in his hand._
_Tragedian._ "Here is my fate: 'tis put into my hands;
'Tis in my hands to take or to refuse;
I cannot open it but with loss of honour--
Be it for ever closed.
I cannot escape death; that will come soon or late;
'Tis in my power to make it find me innocent." [_Exit._
_Hum._ You observe, Mr. Severn, here's no noise, no eclat, no bustle,
but simple and calm greatness.--The next circumstance for which I beg
your patience is that of a great English general, who, observing the
confederate horse seized with a panic fear, and all, to a man, in the
utmost disorder, assumes himself and mounts an eminence, and says he
would stand there to revive the army. He did so; the enemies soon
observed so remarkable an object, and cannonaded it. He stood the fury
of their cannon while the army marched--But he comes on.
[_Drums and trumpets to precede his march._]
_Enter_ GENERAL.
_Gen._ "Nothing, but seeing me meet all they fear,
Can avert the same contagion from the troops.
Let them behold me die; or, what is more,
Let them behold how I expect to die!" [_Exit._
_Hum._ It is allowable to help great thoughts, and alarm the audience
with warlike instruments, to give the inattentive a sense of what is
truly sublime. But I won't detain you longer; let us go in; but as we
are going off a stage, let me repeat to you a couple of verses.
Would you reform an heedless guilty age,
Adorn with virtuous characters the stage.
ACT THE FOURTH.
_Enter_ MR. PINCERS, _and_ BARBER, _and_ CONSTABLE.
_Pin._ How do you say, sir? All this is a delusion! an imposition!
_Barb._ Perfectly so, sir; no otherwise, indeed, sir; and they have
seized Mr. Constable there, my neighbour, who came into the house to
keep the peace, when they were waging war in it.
_Pin._ What, lay hold upon a constable! detain the constable! Do they
know what they do?
_Barb._ Ay, they know very well; but they don't care what they do.
_Pin._ And was the ghost a cheat, and calling this an inn all
imposition?
_Barb._ Yes, sir; but here Mr. Constable has found below stairs an
inlet into the house, and whence he can let in all the people of Drury
Lane and the parts adjacent.
_Pin._ I have heard of Drury Lane in the country; but they will do as
well as any for this purpose.
_Barb._ That is most excellent good luck; we will swing them for false
imprisonment, and that of so great an officer as a constable.
_Constable._ But, sir, I want a warrant to do what I would on this
occasion.
_Pin._ There need none, sir; you have the law, which will uphold you in
it; the recovery of your liberty, and my liberty, as well as that of
the barber, will support you. There is in your person the liberty of
every man in England. As you are a constable concerned, I am a lawyer.
I'll stand by you, I warrant you. But let's be silent before you bring
in the _posse_. Take these deeds in your care and custody. [_Giving him
deeds._] Observe, Mr. Barber, I deliver them to him; and now let us go,
or him go, and let in his people. [_Exit_ CONSTABLE.] What a prodigious
villainy was here, Mr. Barber! I placed such a confidence in this Mr.
Severn, and took counsel with him for the disposal of my niece, and
thus he has served me; but I have put my deeds relating to her into the
constable's hand; and if he can let his _posse_ into the house, I'll
warrant you we will recover all.
[_A noise of people_:--"Beat down the doors; deliver the lady."]
_Barb._ Hark, hark! he has got them in, I warrant ye the _posse_ is
raised; I'll warrant we shall have the whole city and country on our
side.
_Pin._ The whole matter is, how to conduct it legally. Let me be but of
the council, and we will knock them all o' the head, and not transgress
the law at all; we will murder the dogs, I would say the rogues. Why,
what is there in it? they are no people, they are nobody in law; and
if they are no people, to kill them is to kill nobody; for to fire at
_fera natura_, creatures by nature wild--those animals are lawful game,
and any man that has so much a year may kill them; so, Mr. Barber,
any man may fire upon these fellows; these stage-players, who are no
persons, have no right in themselves; and therefore any man may kill
them.
[_A noise without_:--"Deliver the lady; give her to her guardian; give
her to her uncle."]
_Barb._ They are just a-coming in; I know the neighbourhood and the
constable; you shall direct us all.
_Pin._ Nay, I'll warrant you all shall be safely and legally done.
[_Enter a crowd of people._]
_Rabble._ Where is the gentleman? where is the gentleman?
_Barb._ Here he is, gentlemen; and the players have taken his niece
from him; and, for aught we know, they have ravished her; but, let it
be so or no, we'll indict them for it. Harkee, Mr. Pincers, will an
indictment for a rape lie in Drury Lane?
_Pin._ Lookee, gentlemen, we will fall upon them for taking her and her
clothes; and then afterwards come upon them for the body, as we shall
see cause; but we must find this body before we can do anything.
_Barb._ We will bear all down before us but we will find her. Down with
all their sham heavens, their counterfeit seas; down with their false
unsafe lands; down with their windmills and their dragons; burn their
barns; and when we have got the lady, fire the house.--Come, follow the
gentleman.
_All._ Ay, ay.
_Pin._ Huzza, huzza!
_All._ Huzza, huzza! [_Dog barks._
_1st Rabble._ Don't mind their great dog; he barks a sham. He is no
true dog. Unkennel the dog within. Harkee, neighbour, keep up your
dogs--keep your dogs. Halloo, halloo!
_2nd Rabble._ Keep your dogs, gentlemen butchers; keep the dogs to
charge their house. I'll warrant we'll spoil their battling, and
rioting and fighting, and decoying all our daughters and nieces to see
sights, and never mind their business. Ho! the lady, the lady--we'll
have the lady.
_Barb._ We'll make this young lady as famous as Helen of Troy was.
We'll burn all before us for her sake. Come, let us hunt, let's see
what's about this house in all its parts--halloo, hunt.
_Pin._ Let the constable march first; there's our safety, that's our
security.--Take notice, I declare before all this company, it is in
defence of this honest----
* * * * *
_THE GENTLEMAN._
(A FRAGMENT.)
The date of this fragment, which Nichols named _The Gentleman_, is
uncertain; it was first printed in 1809, together with _The School for
Scandal_. The autograph MS. is in the British Museum (Add. MS. 5145c).
Steele had written of high life below stairs in the _Spectator_ (No.
88), where he says that menservants "are but in a lower degree what
their masters themselves are; and usually affect an imitation of their
manners: And you have in liveries, beaux, fops, and coxcombs, in as
high perfection as among people that keep equipages. It is a common
humour among the retinue of people of quality when they are in their
revels, that is when they are out of their master's sight, to assume in
a humorous way the names and titles of those whose liveries they wear."
He then describes their behaviour at an ordinary at Westminster, where
he "heard the maid come down and tell the landlady at the bar that my
Lord Bishop swore he would throw her out at window if she did not bring
up more mild beer, and that my Lord Dick would have a double mug of
purl." When news arrived that the House of Lords was rising, "down came
all the company together, and away!" Servants were wont to congregate
at the entrance to Hyde Park, while the gentry were at the Ring. "There
are men of wit in all conditions of life; and mixing with those people
at their diversions, I have heard coquets and prudes as well rallied,
and insolence and pride exposed (allowing for their want of education),
with as much humour and good sense as in the politest companies." (See
page 281.)
_THE GENTLEMAN._
_Enter_ TOM DIMPLE _and_ SIR HARRY SEVERN.
_Tom._ I'll serve you very faithfully in this particular, since you
have a curiosity to pry into the affairs of us poor servants.
_Sir Har._ I think you are happier than we masters. But how do you
contrive it, to be at a ball and masquerade of your own, all the time
we are at ours, and yet be in readiness to attend when we break up or
want you?
_Tom._ Sir, we leave sentries at all the places where you come out.
All of us cannot expect to be at the diversion every night; but the
forty or fifty who are to stay about the playhouse, or the person of
quality's who entertains, send frequent expresses to us. Besides, I
own to you, sir, that we find means to have tickets of our own, and
can send in among you, by the help of them, when we please, and have
warning enough of your motions. If we are a little too tardy, the
coachmen can, when they think it convenient, make stops so as no one
can stir, and keep everything in a ferment till all troops are come
together.
_Sir Har._ You put me in mind of a great many things that have been
till now unaccountable. Why, then, the sudden motion when we have
been all locked fast, tearing and swearing, coachmen lashing, footmen
bawling, and link-boys offering help to call chairs or coaches, and
striving to lead or light you, is usually a hurry contrived and made up
on purpose; and the sudden getting loose of one another, is only that
the word is given, "all are come," "all is right"!
_Tom._ It is nothing else in the world.
_Sir Har._ But, then, how do you do for your habits and your music, and
all the rest of the conveniences?
_Tom._ You have been so good and kind a master, that I'll hide nothing
that may contribute to your diversion. We are in fee with the wardrobe
keepers at the playhouses; and when the play is over, and all the
parties concerned are disposed of, as you are at your diversions, the
whole stock of clothes are in their hands; and they let them out for so
many hours, and pack [them] up again with great order, and no harm done.
_Sir Har._ Well, well, now there is no mystery; there is nothing
so easy, as all is safe without possibility of disappointment or
surprise.--But as to what is to be done to-night----
_Tom._ This alehouse, where we all meet, is joining to a great
house very well furnished; and the care of letting it is committed
to our landlord. He has broken down a partition, which he can, in
a day or two, make up again; and we have noble apartments for our
entertainments, not inferior to those wherein our masters themselves
are received.
_Sir Har._ You divert me extremely with this new scene of pleasure.
_Tom._ We shall be in our tip-top jollity to-night; all the lower world
[will] be together in as much pleasure as ever the upper themselves
enjoyed.
_Sir Har._ What have you extraordinary at this time more than any other?
_Tom._ Our landlord is giving up[142] his business, and marries his
daughter, Mrs. Jenny, my Lady Dainty's chambermaid, to the favourite
footman of Sir John Plover, who is a great leader among us, and will
keep and increase the custom of the house. But the humour is, no one is
to know which is the bridegroom; for none but the girl herself [knows]
which of the company is Sir John.
_Sir Har._ How! Sir John?
_Tom._ I should have told you that we always call one another by the
names of our masters; and you must not be surprised at hearing me
answer to your honour's to all who call to me; for, as I am a manager,
and to be barefaced, I cannot disguise that _I_ am _you_.
_Sir Har._ It is no matter if they will take me as readily for your
fellow-servant.
_Tom._ They'll never suspect you for my master.--But here comes my
landlord.
_Landlord._ Come, Sir Harry, Sir Harry, 'tis past nine o'clock; the
company is coming--they have put all in at the masquerade and the
assemblies.
_Tom._ [_Whispering_ SIR HARRY.] As I am barefaced, you can come to me
when you please, when you are at a loss.--But you see I must attend my
charge.
_Sir Har._ I beg your pardon; I'll interrupt you no more; but if I
like--you understand.
_Tom._ You know my skill and diligence, my good master; but
adieu.--Landlord, you see the house fills; let all the waiters be
ready; pipes, tobacco, bread, cheese and the like, for those who are in
habits proper for such coarse fare. What! none of the stewards ready
but myself?
_Enter three others with wands, barefaced._
_2nd Steward._ Ay, ay, here we are--here we are.
_3rd Steward._ We stayed only till we saw some quality figures coming
in.
_2nd Steward._ Look you, how we are overrun with nymphs and
shepherds!--But look, look! there is some sense in those stalking
things, which move like pageants, and are not of human shape.
_1st Steward._ Right, they cannot be out in their parts--there are no
such things in nature--but patched-up beings, out of mere fancy and
imagination.
_3rd Steward._ But have a care, ladies, shepherdesses, nymphs; run,
run--Here, here is a dragon that devours virgins, as a pike does small
fish.
_2nd Steward._ Have a care--here he comes, here he come--he eats all
virgins without mercy, but will touch nobody else.
_Several women's voices together._
Let him come, let him come.
_An old withered_ MAID, _crying out._
_Old Maid._ Have a care, have a care, have a care; let me get off, let
me get off; oh me--oh me! [_Running off._
_Figure of St. George_--DICKY, _borne on a war-horse._
_Dicky._ Fear not, fair one, fear not. I am St. George, I'll save thee.
DRAGON _and_ ST. GEORGE _fight._
_The crowd cry out._ Ho-boy, St. George! Ho-boy, dragon!--there's the
knight of the world.
_1st Masquer._ Hear, hear, the knight is going to speak. As he's stout,
he's merciful. He is going to give the dragon his life--no, no, he's
going to speak to him.
_Constable._ Hold, hold, sir knight; the dragon's my neighbour--he's a
tailor in my neighbourhood.
_2nd Masquer._ Open the dragon; open the dragon; keep the peace; take
out the tailor.
_Lawyer Masquer._ Take care what you do; take care what you do. If he
is a denizen, the law is very severe.--Though there are nine to make up
a man, by a fiction of law it is murder to kill any one of them: the
law supposes him a whole man.
_1st Steward._ Ho! Mr. Fly-flap, Mr. Wardrobe-keeper, give the company
an account of the knight and of his horse.
_Wardrobe-keeper._ This is the poet's horse that trod down all the
persons who have been killed in tragedy ever since I came to the house.
The gentleman that rides him has some verses about him, if he would
speak them.
_Many Masquers._ Hear, hear!--Hear the verses!
_St. George._ On this bold steed, with this dead-doing arm,
Without art magic, help of draught or charm,
Crowds have I slain, and routed from the field,
Or made, as captives, to my mercy yield.
My horse and me none could escape by flying,
But saved their lives by well dissembled dying.
_Cobbler Masquer._ Very well, very well, i'faith. Look ye, look ye,
gentlemen, I know the humour of that. I live just by in Vinegar Yard,
and I know the humour of that. You must know he means by that--that by
pretending to be dead, the men whom the valiant man in the play rides
over, or cuts down, are carried [off] safe and sound. Why, I have been
called in, when there has been a great battle in the house, to help to
carry off the dead; and I have brought a man off dead over-night, and
mended his shoes next morning.
_4th Masquer._ Ho, brave Crispin!--that's a good jest, i'faith.
_Cobbler._ But my wife said a very good thing upon that. "Look thee,
Will," said she, for you must know my name is William, "we shall never
make anything of this, if we are to wait for dead men's shoes."
_4th Masquer._ Ho-boy, Crispin! Thou art a merry rogue, Crispin!
* * * * *
APPENDIX.[143]
I.
STEELE _v._ RICH.
(Pages xxviii--xxx.)
_PLAINTIFF'S BILL._[144]
3° die Julii 1707.
_To the right hon^{rble} William Lord Cowper Baron of Wingham Lord high
Chancellor of Great Brittaine_
Humbly Complaining, Sheweth unto y^r Lordship your Orator Richard
Steele of Westm^{er} Gent That your Orat^{or} haveing writt Severall
Comedyes & Playes at the request of & for Christopher Rich Esq^r for
the use of the Theater or Playhouse in or near Bridges Street in Covent
Garden in the County of Middx of which playhouse the said Christopher
Rich was & is cheife Patentee or has an assignm^t or some other
Conveyance of the Patent thereof or otherwise hath the cheife Interest
therein and the profitts ariseing from the acting of Playes there
He the said Christopher Rich to induce your Orator to write further
for him on or about the Month of December in the year of our Lord one
Thousand seaven hundred & two advanced & payd to your Orat^{or} the
Summe of Seaventy & two pounds upon this Agreement then or about that
time made between them That your Orator should bring to him the said
Christopher Rich & for his use the next Comedy your Orator Should be
the Author of and out of the Profitts when the same should come to be
acted that belonged to your Orator as the Author according to the Usage
and Custome in such Cases he the said Christopher Rich was to deduct
& pay himself for the said seaventy & two pounds and Interest thereof
and in the meane time for the said Christopher Rich's security your
Orator was prevailed with to give and accordingly did give his bond of
one hundred forty and four pounds penalty condiconed for the payment
of the said seaventy two pounds and alsoe a Warrant of Attorney to
enter up Judgment on the said bond to him the said Christopher Rich And
afterwards (viz.) sometime in or about the Month of Aprill in the Year
of our Lord one thousand seaven hundred & four[145] your Orator being
the Author of the Comedy called the Tender Husband he did bring to and
deliver into the hands of the said Christopher Rich the said Comedy
being the next Comedy your Orator was author of and it being then in
an ill season of the Year and your Orator being therefore unwilling to
have it then acted the said Christopher Rich promised to & agreed with
your Orator that it should not be to your Orator's losse or Detriment
but that your Orator should have assigned to him the profitts of Two
Nights made by acting of the said Play the next following Winter in
Lieu of his Two dayes Profitts according to the Usage & Custome in
such case And the said Christopher Rich did cause the said Comedy or
Play to be acted on the said Theatre in or about the Month of Aprill &
year one thousand seaven hundred & four aforesaid And severall dayes
in the Autumne or Winter following which proved very successefull and
the said Christopher Rich made & received great profitt thereby And by
the Agreement aforesaid and accordinge to Usage & Custome in the like
Cases your Orator was to have the whole profitts of the first third
day it was acted in Autumne or Winter aforesaid without any diduccon
of Charges of Acting and alsoe of the second third day or Sixth day it
was acted on as aforesaid diducting only the charges of Acting Which
profitts of the said two dayes came to the hands of & was received
by the said Christopher Rich and was more than sufficient to pay &
satisfye the said Seaventy two pounds & Interest Whereupon your Orator
expected as he had reason that the said Christopher Rich would have
delivered up to your Orator the said bond & acknowledged satisfaccon on
the Record of the Judgment which the said Christopher Rich had caused
to be Entred upon Record against your Orator and would have payd your
Orator what was over & above the said seaventy Two pounds & Interest
thereof--But now soe it is May it please your Lordship That the said
Christopher Rich minding to oppresse your Orator and extort great
summes of Mony from him refuses to allowe your Orator the profitts of
the said two dayes Acting in Autumne or Winter following according to
his Agreement or any dayes profitts or any other profitt whatsoever
in consideracon of the said Comedy or Play but threatens to Sue your
Orator on the said Judgment & take your Orator in Execucon for the
same and hath caused a Scire facias or some other Suite or accon to
be commenced against your Orator on the said Judgment[146] In Tender
Consideracon of all which premisses & for as much as your Orator can
have noe releife therein save in a Court of Equity and for that your
Orator's witnesses who could prove all & singular the premisses are
either dead or in parts beyond the Seas or in other parts remote & to
your Orator unknown To the end therefore that the said Christopher
Rich may true & perfect answare make to all and singular the premisses
as if here againe particularly interrogated and charged and in a more
particular manner sett forth & discover what Playes your Orator hath
brought & delivered to him & for his use And whether he did not advance
& pay your Orator the said summe of seaventy two pounds upon such
Agreement as aforesaid or upon what other Termes or Agreement and
whether your Orator did not bring and deliver to him for his use the
said Comedy or Play called the Tender Husband and when the same was
soe given or delivered as aforesaid & whether he & your Orator did not
come to such agreement for your Orator's share of the profitts of the
said play as aforesaid and what other Agreement was made between him
and your Orator about itt and how often the same play was acted in the
summer of the said Year one thousand seaven hundred & four & how often
in the autumne or Winter of that year and whether your Orator was not
to have been allowed all or any and what profitts of any & what days
and what & how much he the said Christopher Rich hath received of the
said profitts and that the said Christopher Rich may come to an account
with your Orator and that the said bond may be delivered up to your
Orator and the said Christopher Rich may acknowledge satisfacion of
Record on the said Judgment and your Orator may have what is over and
above the payment of the said seaventy two pounds and Interest payd
to him and may be further relieved in all & singular the premisses
according to Equity & good Conscience & that in the Meantime all his
vexatious proceedings att Law against your Orator may be stayed by the
Injuncon of this hon^{rble} Court May it please your Lordship to grant
unto your Orator her Maj^{tyes} most gracious writt of Spa to the said
Christopher Rich directed therein & thereby commanding him personally
to be & appeare before your Lordship in this hon^{rble} Court at a
certaine day & place therein to be limited & appointed to true &
perfect answare make to all & singular the premisses and further to
stand to abide & obey such Order & Decree as your Lordship shall think
fitt to make touching the premisses And your Orator shall ever pray etc.
JN^O SQUIBB.
Rawling.
_DEFENDANT'S ANSWER._
Jurat 9 die Novembris 1707 Coram me Jo: Edisbury.
_The Answere of Christopher Rich Esq^r Deft to the bill of Complaynt of
Richard Steele gent Complaynant._
This deft now & att all times hereafter saveing & receiving to himselfe
all & all manner of Benefitt & advantage of Exeption that may be had or
taken to the manyfold Errors untruthes unsufficiencies & Imperfections
in the Complaynant's said Bill of Complaynt conteyned ffor answere
thereunto or unto as much thereof as this Defend^t is advised is any
wise materiall for him this Deft to make answere unto Hee this Deft
answereth and sayth That this Deft being one of the Assignees of the
patents of the Theatre or Playhouse in or neare Bridges Street in
Covent Garden as the Complt's Bill menconed and of one other Theatre
or Playhouse in Dorsett Garden London and owner of part of the shares
or profitts arising by acting (if any) To his owne use the Complaynant
in or about the month of October in the yeare of our Lord One thousand
seaven hundred and one brought a Comedy or play to this Defend^t which
he the Complaynant alleadged he had written and stiled the ffunerall
for which he the Complaynant came to an Agreement with this Defend^t
in writing on about the Ninth day of October Anno Dni 1701 and thereby
for the Consideracon therein menconed sold the same to this Deft to be
acted by the Actors under this Deft's Government as soone as they could
conveniently which Comedy was soone after acted in pursueance of the
said Agreement and the said Complaynant was paid and satisfyed in full
according to the Conditions and the tenor and true Intent of the said
Agreement and to the Content and Satisfaccon of him the Complt as he
acknowledged and declared and this Deft is informed and beleiveth that
he the Complt gave a Receipt to M^r Zachary Baggs[147] the then and
now Treasurer of the said Company for his the Complayn^{t's} profitts
arising by acting of the said Comedy by vertue of the Agreement
aforesaid And this Defend^t further sayth that the Complayn^t in or
about the month of January Anno Dni 1702[148] inforeming this Defend^t
that he had neare finished another Comedy which he intended to call
the Election of Goatham he proposed to sell the same to this Deft and
accordingly in or by a certaine writing or Agreement beareing date
on or about the Seaventh of January Anno Dni 1702-3 signed by the
Complaynant in Consideracon of one shilling to him the Complt then
paid by this deft and for the Consideracon therein and herein after
menconed he the said Complaynant did sell or is therein or thereby
menconed to sell unto this Defend^t his heires and assignes A Certaine
Comedy which he the Complayn^t was then writing called the Election
of Goatham and which he was to deliver to this Defend^t on or about
the Twentyeth day of ffebruary then next in order to be acted by the
Company of Actors under this Defend^{t's} Governm^t assoone as they
could conveniently[149] In Consideracon whereof the said Complayn^t
was to have all the Receipts of the third day on which the said play
should be acted Hee the Complt paying out of the same all the Charges
of the house both constant and Incident But if the Receipts on the
ffourth day should double the Charges thereof then the Charges of the
third should be returned to him and he thereby obliged himselfe to
make good the Charges of the second day out of the profitts of the
third day in case the Charges of the second day should not arise to soe
much Item if the Receipts on the ffourth day of acting the said play
should amount to fforty pounds or upwards the said Company was to act
it the ffifth day and if the ffifth dayes Receipts should be fforty
pounds Then they were to act it the sixth day for the Benefitt of the
Complayn^t Hee paying out of the same the Charges of that day But if
att any time there should appeare Reason to doubt whether the play
would bring Chardges or not Then the Company should not be obliged to
act it the next day unlesse he the Complayn^t would oblige himselfe
to make good the full charges And lastly the Complaynant was not to
print the said play untill a month should be expired from the ffirst
day it should be acted and three of the printed Books in Marble paper
Covers and Gilt edges were to be delivered into the office for the use
of the patentees assoone as the same should bee printed (As in and by
the said Agreem^t in Writing last menconed under the hand of the said
Complayn^t and to which this Defend^t for more Certainty referreth
himselfe ready to be produced to this honoble Court may appeare) And
this deft sayth that there being a ffreindship contracted between him
the Complt and this Deft and the Complt expressing greate kindnesse
to this Deft and telling him of his the Complts want of Money and of
his being likely to be arrested for moneys oweing by him prevayled
with this Deft to advance lend and pay to him the Complt and to his
use the Summe of Seaventy and Two pounds And he the Complaynant in
or by one Bond or Obligacon bearinge date on or about the Seaventh
day of January Anno Dni 1702[150] became bound unto this Defen^t in
the penall Sume of One Hundred fforty and ffower pounds Conditioned
for the payment of the said Seaventy and two pounds with Interest on
the Eighth day of March then next And alsoe he the Complt executed
a Warrant of Attorney to confesse a Judgem^t upon the said Bond in
the Court of Queen's Bench att Westm^r which Judgement was Entred up
accordingly as by the said Bond Warrant of Attorney and the Record
of the said Judgement and to which this Defend^t referreth himselfe
may appeare And this defend^t sayth that he the Complt Steele as an
Additional Security for the better payment of the said Debt did by a
writing under his hand beareing date the Seaventh day of January Anno
Dni 1702[151] assigne and sett over or is therein menconed to assigne
and sett over unto this Deft all the Money and profitts which was or
were to come to him the Complt for his play intended to be called the
Eleccon of Goatham by the Agreem^t therein before written upon this
Condition That if the said debt should not be paid unto this Deft
before the acting of the said play That then this deft his Executors or
assignes might retaine and apply such profitts for or towards paym^t
of the said debt of Seaventy and two pounds with damages But if such
profitts should amount to more moneys then should be due to this Deft
or his assignes att the time of acting such play then the Overplus of
the moneys and profitts arising due to the Complaynant on his play by
the agreem^t aforesaid was to goe to the use of the Complt and his
assignes after payment of the aforesaid debt with damages to this deft
and his assignes as by an Agreement in writing under the hand of the
Complt bearing date the said Seaventh day of January Anno Dni 1702[152]
ready to be produced to this honoble Court and to which this deft alsoe
referreth himselfe may appeare And this deft sayth that the Complt did
not pay or cause to be paid unto this deft the said debt of seaventy
and two pounds or any part thereof or any Interest for the same
according to the Condition of the said recited Bond on the Eighth day
of March next after the date thereof nor hath he ever since paid the
said debt or any part thereof or any Interest for the same to this deft
And this deft sayth that he the Complt did not deliver to this deft
the said Comedy sold as aforesaid to this deft by the writing before
menconed to beare date the seaventh of January Anno Dni 1702-3 on the
twentyeth of ffebruary then next as thereby was mentioned nor hath
he the Complt ever since that time delivered to this deft any Comedy
called the Election of Goatham altho this deft very often requested
him the Complt for the same But this deft confesseth that the Complt
about the latter end of March Anno Dni 1705 brought a Comedy to this
deft which he stiled or called the Tender Husband or the accomplished
ffooles & desired and urged this deft and his cheife Actors that the
same might be acted by them with all speed which he the Complt said
was in leiu and in stead of the said play which he intended to have
called the Election of Goatham and the same was the next and onely
play or Comedy which the Complt has brought sold and delivered to this
deft since the lending of the said Seaventy Two pounds as aforesaid
And this deft Beleiveth that his this defts Company of Actors did
according to his the Complts desire gett up the said Comedy called the
Tender Husband with all the speed they could and acted the same the
first time on the three & twentyeth of Aprill 1705 and acted the same
the second time the next day after and the third time on Wednesday the
five and twentyth of the same month of Aprill for the Benefitt of the
Complt the Author according to the same Conditions in the said ffirst
and second Agreements menconed and acted the same the ffourth time on
the next day after being Thursday the sixth and twentyeth of Aprill
1705; on which day the Receipts being but Twenty Six pounds and Eleaven
shillings as this deft beleives the same was thirteen pounds and Nine
shillings short or wanting of fforty pounds the contingent in the said
agreement menconed This deft was not obliged by the said Articles or
any Agreement to cause the same to be acted on the Sixth day or any
more for the Benefitt of the Complayn^t save as hereinafter is menconed
And this deft sayth that the said Mr Baggs the Treasurer computing
each dayes charge of acting the said play called the Tender Husband to
amount to Thirty Eight pounds ffifteen shillings and Ten pence and the
Receipts of the third day being Sixty one pounds and six shillings &
noe more as this deft beleives out of which the said Summe of Thirty
Eight pounds ffifteen shillings and ten pence being deducted there
then rested two and twenty pounds ten shillings and two pence as this
Deft computes the summe But the Receipts of the second day of acting
the same play amounting to but twenty and six pounds and ffourteen
shillings being deficient Twelve pounds one shilling and ten pence to
make up the charge of that day which twelve pounds one shilling and
Ten pence being deducted out of the said two and twenty pounds and
ten shillings the Residue of Neate and cleere profitts to come to the
Complt pursueant to the Agreement aforesaid amounted to Ten pounds
Eight shillings and two pence and noe more as this Deft is informed
and beleives with which this deft beleives the Complt was acquainted
and that he was well contented and satisfyed with the account given to
him the Complt of the Receipts and Charges of and for the said play
called the Tender Husband for the ffower ffirst dayes of acting thereof
And this Deft sayth that the profitt accrewing due to the Complaynant
being soe small the Complaynant applyed himselfe to this deft and
alsoe to the principall Actors under this deft's Government That he
the Complt would waive his profitt by the said play being Ten pounds
Eight shillings and two pence as aforesaid and permitt the same to goe
to the use of the Company provided they would act the said play the
then next Winter one day for his the said Complt's Benefit instead of
the third day aforesaid he paying or allowing out of the Receipts on
such day in Winter the constant and incident charge thereof and alsoe
what money the Receipts on the said second day of acting the said play
wanted to make up the full charge for that day being Twelve pounds one
shilling and ten pence as aforesaid which this deft as well as most of
the Cheife Actors Consented to or to such effect And thereupon the said
Treasurer made the full Receipts on the third day of acting the said
play called the Tender Husband to be charged for the use of the Company
without chargeing any part thereof paid to the Complaynant in regard
the Complaynant refused to receive the profitts due to him for that day
But chose to have a day in Winter in Leiu thereof as aforesaid And this
deft sayth that in pursueance of such Request made by the Complt to
this deft and the Cheife actors as aforesaid a day was appoynted in the
winter following according as the Complaynant desired and Bills were
sett up the day before it was to have been acted and it was ordered by
this deft to be geven out that Night and Bills putt up for the same to
be acted the next day for the Author's Benefitt; But a little before
it was to have been given out the Complt forbidd the same to be given
out on the Stage or putt into the Bills for his Benefitt saying that he
did not thinke there would be such an Audience att it as would please
him or used words to some such or the like Effect But how ever the
same play was acted on the then next day and the whole Receipts that
day being Thursday the Twentyeth of November[153] one thousand seaven
hundred and ffive amounted to sixty ffower pounds three shillings and
Six pence and noe more (as this deft beleives & is informed by the said
Treasurer) which was about two pounds seaventeen shillings more then
the Receipts came to on the said third day that the same play was
acted as aforesaid which two pounds seaventeen shillings and Six pence
this deft and the said principal Actors were willing should be paid
to the said Complt as well as the summe of Ten pounds Eight shillings
and two pence before menconed And this deft sayth that as to the Ten
pounds Eight shillings and two pence which was due to the Complt out of
the Receipts of the said third day according to the Agreement before
menconed this deft never received the same or any part thereof nor the
said two pounds seaventeen shillings and six pence But both the said
Summes remaine in the said Treasurers hands for the use of the Complt
as this deft beleives And this deft gave order to the said M^r Baggs
the Treasurer to pay the same to the Complaynant amounting together to
Thirteen pounds ffive shillings and Eight pence as this deft computes
the same And this deft beleives that M^r Baggs hath severall times
offered to pay the same to the Complt and is still ready to doe the
same But that he the Complt hath neglected or refused to receive the
same as the said Treasurer has informed this deft And this deft denyeth
that the said play called the Tender Husband was acted att any time in
the yeare one thousand seaven Hundred and ffower either in the Summer
or Winter as in the Complt's Bill is suggested But the first time the
same was acted was on the said three & twentyeth of Aprill Anno Dni
1705 as this Deft verily Beleives and as is before sett forth And this
deft denyeth that he this deft ever made any other agreement with the
Complt touching or concerning the Comedyes or Playes before menconed
or either of them other than as is herein before sett forth And this
deft denyeth that he lent the said Seaventy two pounds upon any other
agreement then as aforesaid and Sayth that he this deft did never agree
to stay for the said debt untill the Complt should bring the said play
called the Eleccon of Goatham or any other play to this deft And this
deft denyes that he was or is minded to Oppresse the Complt and extort
greate Summes of money from him and not allow the Complt any profitt
whatsoever in Consideracon of the said Comedy called the tender Husband
which Comedy as this deft hath been informed and beleives hath been
severall times acted in the last yeare by the Company of Actors in
the playhouse in the Hay Markett[154] without this deft's consent or
direccion & in Opposition to this deft's Interest which this deft has
reason to beleive was soe done by the Incouragement or att least the
Conniveance of the Complt But what Benefitt or profitt the Complt hath
had from thence for the same this deft doth not know And this deft
Confesseth that the Complt haveing for a long time delayed the payment
of the said debt of seaventy two pounds with Interest and Damages to
this deft and not keeping his promises touching the same this deft
hath caused prosecucon to be made against Complt for Recovery of the
said debt with Interest & damages which this deft humbly insists was
& is lawfull for him to doe and humbly hopes this honoble Court will
not hinder him therein & this deft denyeth all and manner of unlawfull
combinacon & Confederacy for any the ends or purposes in the Complt's
Bill menconed without that that [_sic_] there is any other matter
or thing Clause Sentence or allegacon in the Complt's said Bill of
Complaynt conteyned materiall & effectual in the Law for him this deft
to make answere unto and not herein and hereby well and sufficiently
answered unto confessed or avoyded traversed or denyed is true to the
knowledge of this Deft all which matters & things this Deft is and
shall be ready to averre justifye maintaine and prove as this honoble
Court shall direct & humbly prayes to be hence dismissed with his
Reasonable Costes & Charges in this behalfe most wrongfully susteyned
TURNER
JOHN METCALFE
II.
STEELE _v._ WILBRAHAM, &c., 1722.
(Page liii.)
Steele's bill,[155] after referring to the Letters Patent of the 14th
January 1714-15, and to the agreement then made by Steele with Wilks,
Cibber, and Booth, proceeds to state that in or about 1713 Steele had
contracted an acquaintance with Edward Minshull, Esq., of the parish of
St. Martin-in-the-Fields, who professed great friendship, and offered
to help Steele to money to supply his then urgent occasions. The offer
being accepted, Minshull became bound with Steele to one Cox for £500
or thereabouts, and to one Aston[156] for £400 or thereabouts, and
to some other persons, of whom he borrowed, as he pretended, money
to lend Steele; and he lent Steele at several times some small sums,
and about the 24th July 1716 desired Steele to give him some security
for the money he had lent to and stood engaged to pay for Steele, all
which he then pretended to compute at £1500 and more; and particularly
he desired that a security might be made to him of Steele's fifth
part of the Letters Patent and of the clothes, scenes, &c., and of
the profits of the Theatre in Drury Lane; and Steele having a good
opinion of Minshull's integrity, and believing the account made out to
be true, readily agreed to make such security, whereupon Minshull got
and prepared an assignment of Steele's share to him, his executors and
assigns, dated the said 24th July 1716, the consideration whereof was
expressed to be the sum of £1500 paid to Steele; but in truth there was
not any sum then paid to Steele, nor were the debts for which Minshull
was bound then paid, nor was any account then drawn out or settled
between Steele and Minshull. And at the same time Minshull signed a
defeasance to Steele, that upon payment of the £1500 and interest at a
day therein mentioned the said assignment should be void; and Steele
thereupon directed Castleman, Treasurer of the Theatre, to pay his
share to Minshull or his order. And there having been great dealings
between Minshull and Charles Gery, Esq., of London, of whom Minshull
had at times borrowed several sums on several securities, and Minshull
proposing to assign over the security from Steele, Gery insisted that
Steele should join in the assignment; but Minshull declared there was
no occasion for it, and that Steele should make affidavit that he
had no otherwise encumbered his share in the Theatre; and Gery being
satisfied with this, Minshull told Steele that he was much pressed
for the payment of the debts to Cox and Aston, and that he must raise
money on Steele's assignment to discharge those debts, and that for
that purpose the affidavit must be made, to which Steele consented.
And some time afterwards, as Steele had been lately informed, Minshull
assigned the security to Gery, but Steele could not discover what money
was paid by Gery. Minshull endorsed Steele's note to Castleman, and
gave it to Gery, who received several sums from Castleman. Minshull
and Gery formed at that time a design to get Steele's share of the
scenes, clothes, and profits; and Minshull undertook to purchase the
same absolutely of Steele for £4000, which it was agreed between
Minshull and Gery should be for their joint and equal benefit; but the
£4000 was to be paid by Gery, and £2000 repaid by Minshull as he could
raise the same out of his moiety of the profits; and this agreement was
marked in the assignment made by Minshull to Gery, or in some other
deed or writing between them. Minshull then often requested Steele to
sell his share, but being unsuccessful he said he perceived Steele
was in straits for money, and that it would be proper for Steele to
raise a considerable sum at once, and professed that he would advance
a further sum of £2500 upon the security of the said premises, and
allow Steele two years for the payment thereof. This Steele accepted,
and Minshull being in daily expectation, as he pretended, of receiving
£3000, or some such sum, directions were given by him to Mr. Ralph
Wilbraham, his attorney, to draw up an assignment to him of Steele's
share, which Wilbraham accordingly got drawn up and engrossed. It was
dated on or about the 31st January 1716[-7], and was made absolute,
Minshull undertaking to give Steele a defeasance thereof in payment of
the said £4000 and interest within two years of the date thereof. And
this assignment being drawn and engrossed, Minshull and Wilbraham came
to Steele, who was then attending the service of his country in the
House of Commons, and carried him to the Horn Tavern, in the Palace
Yard, Westminster, and after the assignment was read over, Minshull,
speaking with Steele in another room, said that, being disappointed of
money, he could not pay Steele any part of the said £2500, but would in
a few days, and in the meantime would give a note for the money, and
that for Steele's security the assignment should remain in Wilbraham's
hands till the sum was paid, and that he (Minshull) would execute a
proper defeasance to Steele. Steele, being ignorant of matters of law,
spoke to Wilbraham, who assured him that he would receive no prejudice
thereby, adding that he (Wilbraham) was obliged to take extraordinary
care that Steele should not suffer because Steele put such great
confidence in him.[157] Steele was thus, at the earnest request of
Minshull and Wilbraham, induced to sign the assignment of the 31st
January 1717, and to sign a receipt endorsed on the back of the paper
for the sum of £4000 as the consideration thereof; and Wilbraham was a
witness that Steele executed this assignment and signed the receipt,
well knowing that not one penny was advanced as the consideration
thereof, and that the same was only to be security for the £1500 for
which the former assignment was given, and the £2500 when the same
should be paid to Steele, and for which Minshull then gave Steele a
receipt, Wilbraham being a witness; and Wilbraham assured Steele that
this receipt would screen him from any prejudice by signing the receipt
for £4000, and that if the £2500 were not paid to Steele, by virtue of
the said receipt for £2500, Steele would be entitled to an allowance
thereof out of the £4000. By agreement between Steele and Minshull the
assignment of the 31st January 1717 was then deposited in the hands
of Wilbraham as a common trustee between them, until the £2500 should
be paid to Steele and a proper defeasance executed by Minshull; and
until that was done no use was to be made of the assignment, and then
Steele's former assignment for £1500 was also to be delivered up to
him. And Steele requiring some further memorandum from Wilbraham of
such trust, Wilbraham wrote a short memorandum, acknowledging that he
had received the indenture of the 31st January, purporting a sale from
Steele to Minshull of the fifth part of the Letters Patent, scenes,
clothes, &c., and profits in consideration of £4000, which Deed was
deposited in his hands in order that in case Steele, his executors,
&c., should redeem the same within two years, the same should be
delivered up to be cancelled and destroyed; and this he promised to
do, unless the Deed were lost by fire or other unavoidable accident.
Wilbraham and Minshull witnessed this memorandum by affixing their
signatures; and Steele depended upon Minshull's Note, and Wilbraham's
memorandum, and Wilbraham's privity to and knowledge of the whole
affair, and the Deed being kept by Wilbraham, so that there should
be no prejudice to Steele, that the £2500 would have been paid, and
the former assignment delivered up; and he therefore then delivered
his counterpart and defeasance thereof to Minshull. And Minshull, or
Gery at his order, continued by virtue of the first assignment of
July 1716 to receive Steele's fifth part of the profits; but Minshull
never paid Steele the £2500, to the very great disappointment of
Steele, who, depending upon the same, was reduced to great straits,
and therefore desired Minshull would supply him with some part of it;
this Minshull agreed to do if Steele would consent that the agreement
in Wilbraham's hands should remain as security for such further sums as
Minshull should advance beyond the £1500 for which the first security
was given. Steele consented, being desirous that whatever money was
really advanced to him should be repaid with interest; and thereupon
Minshull supplied several sums and paid several sums for Steele; and
Gery received out of Steele's share of the profits £2398 16s. 10d.,
or some such sum; and Steele's share was received by Minshull, or his
order, Gery, for the years 1716 and 1717, to the amount of £1418.
Having paid to Minshull by one Mr. Paterson £400, Steele desired
Minshull, on or about the 22nd October, to state accounts with him,
which Minshull did, and notwithstanding the debt of Aston was included
in the first security for £1500, yet Minshull charged Steele with
the sum of £47 8s. for the costs thereof, and also with several sums
over and above the £1500, the total of one account amounting to £768
19s. 9d., and the total of the other to £712 5s. 10d., so that on the
whole Minshull charged Steele as debtor for £3029 3s. 7d., and at the
same time gave Steele credit for £1418 received of Castleman and £400
received of Paterson, whereby there was a balance of £1211 3s. 7d. due
from Steele to Minshull, as will appear by the said account signed
by Minshull and Steele; and Gery was privy to the stating of this
account, and continued by virtue of Steele's note endorsed by Minshull
to receive Steele's share of the profits until the 24th January 1719,
and received thereby £348. There remained then due to Minshull for
principal and interest only £886 16s. 6d. or thereabouts, but Steele
tendered to Minshull £900, and demanded the assignment for £4000, and
also the assignment for £1500, which Minshull pretended he had long
before redeemed, and often promised to deliver to Steele, and had
received back the defeasance and counterpart from Steele, and also
Steele's note to Castleman. Minshull sent to Wilbraham's house for the
said assignment, but Wilbraham being out of town or from home, Minshull
desired the matter might be put off to another opportunity, and that
in the meantime he might continue to receive the profits belonging to
Steele, the same to be afterwards deducted out of the said £886 16s.
6d. To this Steele agreed; and on the 4th February 1719 paid Minshull
the further sum of £300. And afterwards, on or about the 26th November
1719, Gery, by virtue of Steele's note, received the further sum of
£238; but Minshull had in the meantime paid to and for Steele some
other sums, so that, on the 11th December 1719, there remained due
from Steele to Minshull £596 2s. 9d.; and thereupon Minshull by a
writing dated the said 11th December declared that Steele before the
expiration of two years from the 31st January 1717 tendered to him
full satisfaction for the consideration money mentioned to be advanced
to Steele by the said deed of sale, but that he (Minshull) could not
then come at the deed by reason of Wilbraham not being at home when
he sent for it, and therefore he desired Wilbraham by this writing to
deliver up to Steele or his order the deed dated 31st January 1717 on
payment of the sum of £596 2s. 9d., that being all the money then due
to Minshull. Steele sent this writing to Wilbraham, offering to pay
the £596 2s. 9d., and well hoped the deed would have been delivered up
to him, and that the other assignment of the 24th July 1716, and the
order to Castleman, would have been delivered up by Minshull. But now
Minshull, Wilbraham, and Gery, combining together, and with William
Woolley, Esq., of the county of Derby, and with others as yet unknown,
to defraud Steele of his share in the Theatre, Wilbraham utterly
refused to deliver up the deed of assignment of the 31st January 1717,
but threatened to deliver it to Gery, with whom he entered into an
agreement for that purpose; and Gery insisted that there was due to him
from Steele £2500 or some such great sum, and that Steele's fifth share
ought to be charged therewith; and to cover these unjust proceedings he
pretended that he advanced £1500 to Minshull upon Minshull assigning
over to him Steele's security of the 24th July 1716, and that on the
31st January 1717 he advanced to Minshull the further sum of £2500, and
that Minshull paid the same to Steele; and that by a deed poll dated
on or about the 31st January 1717, Minshull declared that the £4000
mentioned to be the consideration money of the said deed of sale of
that date was the proper money of Gery, Minshull's name being used
only in trust for Gery; and by means of this pretended deed poll of
trust Minshull and Gery endeavoured to charge Steele with the whole
£4000, although for £1500, part thereof, they or one of them had a
former assignment, which was never delivered up, and no part of the
residue, £2500, was paid until long after, and then only some part
thereof in small sums, and, as Steele had reason to believe, raised
out of the very share of the profits belonging to him; and in truth
no such sum of £2500 was advanced by Gery at that time upon the said
security, nor was the said declaration of trust executed till long
afterwards, when there were various accounts between Minshull and
Gery, and Gery was apprehensive that he should lose money by Minshull;
nor did Gery till lately inform Steele of the said declaration of
trust, and Steele apprehended he had nothing to do with any person
but Minshull, as Minshull often informed him; and he looked upon Gery
only as the order of Minshull, and accountable to Minshull for what
he received; nor did Gery ever oppose or forbid Steele paying money
to Minshull. And if any such trust were fairly declared for Gery, yet
he ought only to stand in the place of Minshull as to what was due to
Minshull on the 31st January 1717, and which he long since received
with interest and a great overplus; and Wilbraham, in whose custody the
assignment for £4000 was left, ought to have acquainted Gery that no
part of the £4000 was advanced except the £1500 secured by Steele for
the assignment; or at least Gery would have received such information
if he had inquired of Wilbraham or Steele. And at other times Gery
pretended he had assigned his interest in the premises to Woolley, and
would not concern himself about the same, although he well knew that
since the 11th December 1719, he had received of Castleman at several
times the further sum of £394, so that upon a fair account there now
remained due from Steele to Minshull or his order only about £220,
which sum Steele was willing to pay to Minshull or Gery or Woolley, as
the Court should ordain, upon the cancelling of the several securities
entered into by Steele to Minshull. But Minshull, Gery, and Woolley
most unreasonably insisted upon charging Steele with the whole £4000
and interest from the 31st January, 1717, and nevertheless refused
to discover when or how this £4000 was advanced or paid by Gery to
Minshull, or what they knew or had been informed, or what interest
Woolley had therein. All which being contrary to equity, Steele prayed
that writs of subpœna might be directed to Minshull, Gery, Wilbraham,
and Woolley, commanding them to answer the matters contained in this
Bill.
Wilbraham's answer, dated 17th March 1721[-2], is the only one
existing. It states that some short time before the 31st January 1717
Minshull gave Wilbraham directions for preparing such assignment or
sale from Steele to Minshull of Steele's fifth part in the Theatre, as
was mentioned in Steele's Bill, and two parts of such assignment were
engrossed, leaving a blank for the consideration money; and Wilbraham
said that to the best of his remembrance he carried the engrossments to
Steele's then house in St. James's Street, and not to the Horn Tavern;
and Wilbraham read over the assignment, and then Steele and Minshull
retired to another room, as he apprehended to converse together upon
the subject-matter of the assignment. When they returned, a proposal
was made by one or both of them, that inasmuch as the assignment was
drawn absolute and without any clause of redemption, and yet it was
intended to be redeemable and to be only in the nature of a mortgage,
the assignment, when executed by Steele, should be deposited in
Wilbraham's hands as a common trustee, and that he should give to
Minshull a note that the deed was in his custody, and that he would
deliver it up to Steele upon Steele's redeeming the same within two
years' time from the date of the deed. Steele particularly asked
Wilbraham whether, in case the deed was deposited in his hands, the
note would be sufficient to make the deed a mortgage, and Wilbraham
said that it would, if the note were attested and witnessed by
Minshull. Steele then acquiesced in the proposal, and did not in
Wilbraham's hearing require any other defeasance of the deed; and
Wilbraham was ordered to fill up the blank, and make the consideration
£4000. The engrossed copies were then signed, and Steele gave a
receipt for £4000, which was endorsed on the deed executed by him, and
Wilbraham added his signature as witness. The deed was then handed to
Wilbraham, who gave a receipt--as mentioned in Steele's Bill--which
was attested by Minshull. Wilbraham was of opinion that Steele, like
himself, then believed Minshull to be a man of substance. Wilbraham
did not remember to have seen any money paid by Minshull to Steele,
but believed Minshull gave Steele a note or receipt for £2500, for
which sum Minshull promised to be accountable to Steele, and Wilbraham
believed he added his signature as witness. Wilbraham denied that he
assured Steele that this note or receipt would effectually secure him
from any prejudice which might arise to him by his signing the receipt
for £4000, or that he told Steele that if the £2500 were not paid him
he would, by virtue of the note or receipt for £2500, be entitled to
an allowance thereof out of the £4000, or that Steele asked him any
questions relating thereto. He also denied that the deed was placed
in his hands as a common trustee until the £2500 should be paid to
Steele and a proper defeasance executed, or that until the same was
done no use was to be made of the deed, or that then Steele's former
assignment for £1500 was to be delivered up to Steele; and he also
denied that the deed was given to him upon any other terms than those
set forth in the note which he gave; nor did he use any persuasion to
induce Steele or Minshull to entrust the deed to him, or to induce
Steele to sign the deed or the receipt thereon endorsed, or to accept
Minshull's note or receipt for £2500; nor was he any way privy to or
acquainted with the reasons which induced Steele to do the same, save
that he knew the £1500 was or was mentioned to be the consideration
of a former deed of sale of Steele's fifth share, dated about 24th
July 1716. And Wilbraham had heard that Gery had, before the 31st
January 1717, advanced £1500 to Minshull upon the credit of Steele's
first assignment, and that Minshull had assigned over to Gery Steele's
first assignment as security; but he did not then apprehend that Gery
had advanced to Minshull, or was to advance, £2500, and therefore he
understood himself to be only a trustee as between Steele and Minshull.
But some time afterwards Minshull and Gery came to Wilbraham and told
him that Gery had advanced a further sum of £2500, and that the whole
£4000 was therefore, in truth, Gery's money. Wilbraham then drew up a
declaration of trust to that effect, dated 31st January 1717, which was
duly executed by Minshull in the presence of one Mr. William Aspin and
Wilbraham, witnesses. But Wilbraham admitted that this deed was not
executed on the 31st January 1717, as dated, but some time afterwards,
though he could not remember the particular time. After the execution
of this last deed Wilbraham considered himself as a common trustee
between Steele and Gery. After all this, when, as Wilbraham believed,
Minshull had failed in answering Steele's drafts of money upon him,
Steele sent to Wilbraham and offered him thirty guineas to deliver
up the deed of assignment of the 31st January, and said Minshull was
consenting thereto; but Wilbraham answered that Minshull's consent
would not indemnify him for so doing, because he knew that the money
intended to be secured by the assignment was not then Minshull's but
Gery's, and that he must have Gery's consent; he therefore refused to
deliver up the deed. And he believed Minshull sent to him when he was
not at home, as narrated in Steele's Bill; and he from time to time
acquainted Gery with the proceedings of Steele and Minshull; but he
denied that he had threatened to give the deed to Gery, or had entered
into any engagement with Gery for that purpose. The deed was still
in his hands or power. He was never taken into council by Steele and
Minshull, except that he paid, subsequently to the assignment of the
31st January 1717, £70 to Hugh Reason, Esq.,[158] for Steele by order
of, and with the money of, Minshull, and had also seen several notes
which Steele drew on Minshull, which he believed were paid by Minshull.
There is no record of this case having ever come before the Court, and
there are no answers to Steele's Bill from Minshull, Gery, or Woolley.
Fresh arrangements were entered into in 1723, as will be seen below.
III.
STEELE AND SCURLOCK
_v._
WILKS, CIBBER, BOOTH, CASTLEMAN, AND WOOLLEY, 1725-8.
(Page lxviii.)
In their bill, dated 4th September 1725, the complainants,[159] after
describing the Indenture Quadrupartite of June 3, 1724,[160] the
Articles of Agreement of September, 1721,[161] the Indenture between
Steele and Woolley of June 17, 1723, and the note to Castleman of July
17, 1723,[162] said that they well hoped they should have had the
benefit of the assignment and letter of attorney to Scurlock for the
payment of Steele's debts and incumbrances, and that Wilks, Cibber,
and Booth would have ordered the treasurer of the theatre to have paid
and duly accounted with Scurlock weekly, and for all arrears due to
Steele at the time of the assignment, as in all justice and equity they
ought to have done, the rather because Woolley had been long since
paid the £900 due to him, together with all interest thereupon. But
Wilks, Cibber, and Booth, confederating together with Castleman, their
treasurer, and with Woolley and others, to defraud the complainants
of their just right, and to elude the force of the assignment made
by Steele for the benefit of his creditors, refused to come to any
account with the complainants touching the profits, pretending that the
charges they had been put to in finding clothes, scenes, &c., had been
so great that they had made little or no clear profit, and yet they at
the same time refused to disclose their expenses; and at other times
they pretended that Steele by himself or his agents had from time to
time received his full share of the profits; whereas the complainants
expressly charged that the profits, over and above all expenses, had
been very great, and that neither Steele nor any person acting by his
order had received any but a very small and inconsiderable part of his
share of the profits since the time of his entering into partnership
with Wilks, Cibber, and Booth, and that there was now a very great
sum owing to him. And at other times the defendants, and especially
Woolley, pretended that the £900 secured for Woolley was not yet paid,
and that until that was paid the provisions for the other creditors
could not and ought not to take place; but the complainants expressly
charged that this £900 was and ought long since to have been paid out
of the profits of the fourth part belonging to Steele; and Woolley and
the others refused to inform Steele how much had been paid to Woolley.
And at other times Wilks, Cibber, and Booth pretended that they, on
the 24th January 1719[-20], were, together with Steele, suspended
by the Lord Chamberlain from further acting, and that from the time
of this suspension (whatever licence they afterwards obtained for
proceeding therein), they were not answerable to Steele for any part
of the profits; whereas Steele expressly charged that the suspension
lasted only two days or thereabouts, neither could the Lord Chamberlain
or any other person thereby or otherwise except by due course of law
deprive him of his share of the profits, wherein he had a just freehold
during his life by the Grant and Letters Patent from His Majesty; and
therefore Wilks, Cibber and Booth ought to pay and be accountable to
him for his just share as if no such suspension had been. And at other
times the defendants pretended that by some provision in the aforesaid
Articles of Agreement it was provided that neither of the parties
thereto should at any time sell, mortgage, part with or incumber his
or their share without the consent in writing of the rest of the said
parties, and it was pretended that Wilks, Cibber, and Booth never gave
such assent to the assignment made by Steele to Scurlock; whereas
Steele and Scurlock declared that Wilks, Cibber, and Booth were well
aware of the assignment before it was made, and had copies of it
delivered to them severally afterwards, and although they did not
give their consent in writing, yet they did not oppose or forbid the
same; and if they had, yet the same being for the payment of Steele's
creditors, it ought to be supported and made good by the Honourable
Court, or at least it could not debar Steele from having an account of
his share of the profits. Yet upon these and the like pretences the
defendants not only refused to pay Scurlock, on behalf of Steele's
creditors, but likewise refused to come to an account with Steele.
Sometimes they pretended that they were entitled to a dividend of £10
a piece each week, or some such considerable sum, out of the profits,
in consideration of their extraordinary trouble in the management
of the theatre and their playing their several parts, previous to
and exclusive of the dividend to be made under the Articles between
them and Steele, and they had accordingly ever since the date of the
said Articles appropriated these sums, regardless of Steele's share
or interest. And they pretended to be entitled to the whole of the
money given by His Majesty or any of the Royal Family when they were
graciously pleased to be present at any performances, and they had kept
such moneys; whereas the complainants declared that Steele had a right
to his share of all profits whatsoever. And the defendants pretended
that they had a right to, and had set aside for their own use, £20 a
night or some greater sum under the name of several constant charges,
contingencies, and bills, and pretended that Steele had no right to
share therein; and Steele charged that in favour of Mrs. Oldfield,
Mrs. Porter, and Mrs. Booth, three of the actresses at Drury Lane, on
their respective benefit nights the defendants had forborne to deduct
the necessary expenses of the house out of the profits of the night,
as they ought to have done, but had placed the same to the account
of the partnership, whereby Steele had been charged a fourth part of
those expenses without any profit whatever; and on the benefit nights
allowed to under-officers and others of the theatre, they had deducted
each night, which they had shared and divided, without admitting Steele
to any share. And sometimes the defendants pretended that Steele had
no colour to call them to account touching any of these deductions
or allowances to themselves, because he had from time to time passed
and allowed these accounts without objection, and agreed to the said
deductions, &c.; but this he never did; if he had passed accounts
without objection, it was through want of knowledge or oversight.
And Wilks, Cibber, and Booth had in other ways defrauded Steele; it
was therefore prayed that writs of subpœna be issued to compel them,
together with Castleman and Woolley, to answer these premises.
The "joint and several answers" of Wilks, Cibber, Booth, and Castleman
are dated October 13, 1725. Long before the Letters Patent to Steele,
Wilks, Cibber, and Booth had, as they said, a licence to act at Drury
Lane, and were acting there at the Queen's death, and had scenes, &c.,
there of great value; and a short time after the Queen's death, they,
looking upon Steele as a person who had a great acquaintance, and who
was fit and able to promote the interest of the theatre, did, for these
reasons, and out of friendship and kindness to Steele, invite him to
come into a share and benefit of the theatre, for which he seemed
very thankful; and it was agreed he should apply for a new licence,
which he obtained, and which was afterwards, by agreement with them,
changed for a Patent. The application for the Patent was to be in
Steele's name only, but upon the express trust that Wilks, Cibber,
and Booth should have an equal share in it; and when Steele applied,
he informed these defendants that he could not obtain a reference to
the Attorney and Solicitor-General for having such a Patent without
first having their consent, as they shared with him in the licence; and
they thereupon gave their written consent to Steele, to whom a Patent
was then granted. And some time afterwards Steele agreed to give them
£1200 as a consideration for the fourth part of the scenes, clothes,
&c., belonging to them, and did pay to each of them £400, as appears
from the receipts. Then came the Articles Quadrupartite of September
1721. By acting under the Letters Patent the defendants had received
large sums, which had been entered in books and kept by Richard
Castleman, their treasurer and cashier. Divers sums had been paid to
great numbers of persons weekly and otherwise, as they were entitled
to receive the same; and the accounts had been at sundry times stated
and settled by the defendants and Steele, and Steele had received his
share; on the 18th June 1723, in particular, he gave his receipt as
follows: "Received of Richard Castleman £708 8s. 2d., being so much due
to me arising from the profits of the Theatre Royal in Drury Lane, I
say received in full to this day, RICHARD STEELE." This was a stated
account, and ought not to be ravelled into. From June 18, 1723, to June
25, 1725, divers other considerable sums had been received and paid on
account of the theatre; and Steele, or persons lawfully authorised by
him, had received his share thereof. On June 25, 1725, Richard Eadnell
received of Castleman, by virtue of a letter of attorney executed
to him by Steele, £52 10s. 3d., as Eadnell's receipt showed: "I say
received for Sir Richard Steel's use ballance due for the year 1725,
£471 13s. 2d., being a fourth part of the clear profits," &c.; and
these defendants acknowledged that they had each of them received to
their own use from the 18th June, 1723, £1 13s. 4d. for every day upon
which a play had been acted, exclusive of Steele. This they claimed
as a consideration for their acting and the extraordinary charge they
were put to in respect thereof, for which they had no allowance in the
said accounts; and they said that Steele never made any objection to
the same to their knowledge till the filing of this bill. There had
been from time to time paid to other actors more than £1 13s. 4d. a
day for acting. On the 18th June last the defendants left off acting
under the Letters Patent, and so discontinued until the 4th September
last, during which interval no profits did or could arise; and since
the 4th September they had acted seventeen nights and no more up to
the time of putting in this answer, and the clear profits of those
seventeen nights could not at present be set forth, because tradesmen's
bills were not sent in; but as soon as they could the defendants were
ready to account for the same and to share all just allowances. They
denied that they had deducted or claimed £10 a week for management or
acting, or any sum other than as above mentioned, nor had they set
apart or divided among themselves £20 a night or other sum on pretence
of incidental charges, &c., exclusive of Steele, nor had they taken
to their own use, exclusive of Steele, any part of such bounty money
as His Majesty or any members of the Royal Family had given. And they
said that Mrs. Oldfield, Mrs. Porter, and Mr. Mills had plays once in
every year acted for their respective benefit, without any sums being
deducted for the charge of the house, which was the best agreement
the defendants could make with them; no other actors had the like
privilege of having benefit plays without deduction for the charges of
the house; and these defendants denied that they had had any benefit
thereby, exclusive of Steele. And they said that, finding by long
experience that the profits grew less towards the end of the spring
and until June or July, the time of leaving off acting, £5 for every
acting night was and had been kept back in order to make up the charges
of the house in case the money received should not be sufficient for
that purpose,--which often happened about the latter end of the season;
but when they left off acting the said sum of £5 was always brought
to account, and what remained after the charges were paid was divided
among these defendants and Steele equally. And these defendants said
that they had great ground to expect that Steele would not, contrary to
his own express agreement with them in writing, have sold, parted with,
or encumbered his property in the Patent, clothes, scenes, and profits
to any one without the defendants' consent in writing, especially
because that to accommodate Steele and at his particular request (he
being indebted to Edward Minshull, Esq., in the sum of £200, by whom
the debt was assigned to Mr. Gery, and by him to Mr. Woolley) these
defendants consented and agreed with Steele and Woolley that Castleman
should pay to Woolley £200 a year out of Steele's share till the debt,
with interest, should be paid. There was now £500 of the debt unpaid,
and no interest had been paid. By Articles Quadrupartite, dated 19th
September 1721,[163] between Steele, Wilks, Cibber, and Booth, reciting
the aforesaid Articles, and also that the then Lord Chamberlain did
some time since by his order direct that Steele should not be paid his
fourth part, Steele did, for himself, his executors, &c., agree that
if at any time the King, Lord Chamberlain, or other person authorised
by the King should order that Steele be not paid his share, but
should direct that Steele's share should be paid to any other person,
that Steele's share should cease to be paid to him, and he should be
debarred from demanding his share during the continuance of such order;
and so with any proportion of Steele's share. Steele had some time
since been suspended, but the defendants denied that they ever took
advantage thereof. They were strangers to the several demands made by
persons named in the complainants' bill as creditors of Steele, and
conceived they were in nowise concerned therein. Castleman denied that
he refused to let Steele see the books.
Richard Eadnell, of the Inner Temple, Gent., solicitor to Steele and
Scurlock, made oath on the 27th October, that on Wednesday the 20th
October he applied to Castleman, treasurer at the old playhouse in
Drury Lane, on behalf of the complainants, and told him that he had
occasion to look in the books of accounts kept for Steele and the
defendants, and that he, the deponent, would wait on Castleman for
that purpose when convenient. But Castleman said he could show no
books or give any information without an order to do so from the
other defendants. And on the 21st Eadnell applied to Wilks, Cibber,
and Booth, but they utterly refused to give an order to Castleman,
saying that no one should inspect the books or papers save Steele
himself. Notice was subsequently given to the defendants' solicitor
that the Court would be asked to make an order that these books could
be examined by Steele or his solicitor;[164] and the order was duly
granted. On the 2nd February 1726 Eadnell made oath that by virtue
of this order he had looked over the books, and by them it appeared
that Wilks, Cibber, and Booth had each received of Castleman £480
10s. (_sic_) for clear profits from the beginning of that season till
Saturday, 15th January last, and Castleman had received the like sum
of £487 10s. for the use of Steele, out of which he had paid £200
to Woolley, as arranged; but Castleman refused to pay Eadnell the
remaining £287 10s. without the consent of Wilks, Cibber, and Booth.
Eadnell thereupon applied to them, and gave them a copy of a letter
of attorney duly executed by Steele and Scurlock, empowering him to
receive and give discharges for such money as should become due to
them from the theatre; but Wilks, Cibber, and Booth absolutely refused
to direct Castleman to pay Eadnell, unless Eadnell would give them
discharges for £30 which they received weekly on pretence of acting
exclusive of Steele, and which was now in dispute in that Court. Wilks,
Cibber, and Booth had received this £10 apiece weekly over and above
the £487 10s. since the commencement of the winter season, and still
intended to receive the same, as they informed Eadnell, notwithstanding
the same was in dispute. And it appeared that over and above the £487
10s. and the £30 weekly, the sum of £30 a week was kept in the hands
of the treasurer under the name of contingencies, in case there should
be occasion to advance any money at any time on account of any new
performances or otherwise.[165]
The defendants having put in their answer, Steele's counsel obtained
leave, on the 12th February, to amend the complainants' bill.[166] The
answer of Wilks, Cibber, and Booth to this amended bill is dated 15th
June 1726. The defendants said they never refused to disclose to Steele
the expenses incurred for scenes, clothes, &c.; those charges were
entered in books which Steele could examine, and which they had reason
to believe he had often inspected. In accordance with the order of the
Court of the 28th October last, Eadnell had often examined the books,
and was never denied the same. They submitted, therefore, whether they
need do more than refer to the books as regards the particular sums
laid out in clothes, scenes, &c. They never denied that Steele might
controvert the accounts, but they apprehended he had no reason to do
so, for the allowances they demanded were reasonable, and were for the
daily and extraordinary labour and expenses in acting their several
parts not otherwise charged for. If they had not taken upon themselves
to look after and manage the theatre, they and Steele, instead of being
gainers, would have lost by it; and if Steele had been as active on his
part in the management as they (which he ought to have been by their
Agreement), the same would have been an addition to the clear profits
of the theatre, at least one fourth part.
In the meantime, Wilks, Cibber, and Booth had commenced a cross action
against Steele.[167] In their bill, dated 11th January 1725-26, they
said that Swiney and Collier had both constantly attended the business
of the theatre, and much benefit had resulted therefrom; Collier
solicited persons of quality, and drew audiences to the theatre. When
Steele was invited to come into partnership, he faithfully promised
to attend the meetings and consultations of the Company, and to
write plays and other performances, and to use his utmost endeavour
to support the interest thereof; and he did continue to attend the
business of the Company until 28th January 1719-20, since when he had
altogether absented himself. From that date they had each taken to
their own use £1 13s. 4d. a day, and Steele was so conscious that they
deserved a much greater sum that he allowed the accounts wherein the
same was charged. The scope of this cross bill, therefore, was that
Wilks, Cibber, and Booth might be quieted in receiving the said £1 13s.
4d. apiece exclusive of Steele, and might have such allowance as the
Court should think reasonable for the expense they were at in clothes,
periwigs, laces, and linen, and for their trouble in instructing the
actors and overseeing artificers, &c., and might be indemnified in
paying the £1200 and interest to Woolley, and be relieved.
Steele's answer to this bill was taken by commission by Alexander
and Theophilus Scurlock on June 23, 1726. He denied that on entering
into the partnership he promised to attend meetings or instruct young
actors, not being qualified or required to appear as an actor; but he
believed he did in general promise to write plays, and to promote the
interests of the theatre, and this he had done to the utmost of his
power, as the managers had often admitted; see, for example, Cibber's
dedication to him of _Ximena. The Conscious Lovers_ "brought more
money to the House than any play was ever known to do;" and he was at
that time preparing, as fast as his health would permit, a new Comedy,
which, God willing, he hoped to finish by the next season, the plot of
which play was formed for the reformation of the theatre, and restoring
the credit and good sense of theatrical entertainments, which he was
sadly sensible was never more wanted. He had done and was doing as
much as his health would permit. He had entered into an agreement on
the 4th September 1721, and then or shortly before, when accounting
for his share during the time of the pretended suspension by the Lord
Chamberlain, the other managers had urged that they had lost much in
1720 in connection with the South Sea scheme, and that Steele had
not borne his share of the cost of scenes; and he then, out of pure
friendship and good-will, forgave them £1,200, which he believed was
due to him. Steele insisted that he was not obliged to make Wilks,
Cibber, and Booth any allowance for their managing and acting, as they
were by the Articles obliged to do their duty in consideration of the
three fourth parts they received; but he denied that he had pretended
they ought not to be allowed for clothes, &c., used on the stage,
he being willing to allow his share out of the joint stock; and he
believed they had frequently taken out of the joint stock for their own
private clothes, which they brought to the joint account; all which
Steele allowed without objection. He admitted he asked permission to
assign his share, and, being refused, assigned his interest without
such consent to Scurlock, and he hoped that what he did through the
need of satisfying his creditors would not in equity be a breach of
his covenant. He did not know of the deduction of £1 13s. 4d. a day
till the beginning of 1724[-5], when he brought his bill to be relieved
against it; and he hoped that notwithstanding his signing the receipt
of the 18th June 1723, he should be at liberty to call the managers to
an account touching the said deduction.
The original cause was before the Court several times in August and
October 1726.[168] Leave was given to Wilks, Cibber, and Booth to
examine Castleman, a material witness for their case, and in no way
concerned in point of interest in the matters in question; and upon
application that Castleman should pay Steele £468 4s., which was found
to be his share of the clear profits for 1725, it was ordered, by
consent, that Castleman should pay Steele £200, subject to the order
which should be made upon the hearing of the cause. In December leave
was given to Steele and Scurlock to examine Castleman as a witness for
them. The "answer of William Woolley, Esqre., one of the Defendants to
the Bill of Complaint" of Steele and Scurlock, was not put in until
the 20th October 1726.[169] It contains nothing fresh of importance.
Woolley said he had received £600 of the £900 due to him from Steele,
and that £300 was still due, besides interest; and he urged that he
was entitled to his £200 a year in preference to all other creditors
mentioned in Steele's bill. On the 21st November, Wilks, Cibber, and
Booth obtained leave to amend their bill in the case in which they
were complainants; and Alexander and Theophilus Scurlock were again
commissioned to take Steele's answer.[170] In this answer to the
amended bill, which was not sworn until the 11th May 1727, Steele said
it was true that he had declared that Cibber's zeal for the _Conscious
Lovers_ was an obliging favour and friendship to him, but he was
referring to Cibber's care in instructing the actors, &c. Cibber did
make several alterations in the play before it was acted, but to its
disadvantage, and therefore he did not pay Cibber anything for his
meddling. The piece ran eighteen nights, and brought £2,536 3s. 6d.
to the house, but how much was paid for charges and how much to him
Steele could not say, save £329 5s. or thereabouts, which he received
for three author's benefit nights. He could not set forth particular
passages altered by Cibber; if he did, it might run him, in vindication
of his own performance, into a sort of criticism very improper, as he
apprehended, for the entertainment of that Honourable Court.
In October and November 1727, publication in the original cause was
twice enlarged, upon the petition of the defendants, and on the 3rd
February 1728, upon the original cause coming before the Court, the
defendants' counsel alleged that the counter action was ready for
hearing, but that as Steele lived at Carmarthen the plaintiffs in that
action had not had time to serve him with a subpœna to hear judgment;
and they said that both causes were proper to be heard together.
Whereupon it was ordered that the original cause should stand over to
the fourth day of causes after the term, and that judgment should then
be pronounced in both causes.[171] The combined suits accordingly came
to a hearing before Sir Joseph Jekyll, Master of the Rolls, on Saturday
night, the 17th February 1728, at the Rolls Chapel,[172] when Cibber
addressed the Court, acting upon the advice of his counsel, who pointed
out that he could speak better upon the question of the business of a
manager than the most learned lawyer. Two of the counsel for Steele
afterwards held the post of Lord Chancellor, and Cibber professes to
have almost broken down with nervousness; but he succeeded, with the
help of notes, in making a successful speech of an hour's length, which
he has printed at length in the sixteenth chapter of his _Apology_.
He maintained that Steele was as much obliged to do the duty and
business of a manager as either Wilks, Booth, or Cibber; and the reason
why he had ceased to take any part in the management was, that he was
annoyed at his fellow-managers, who had often helped him when he was
in want of money, but who found it necessary at last to peremptorily
refuse to advance another shilling until it was due to him. After
that Steele not only absented himself, but made an assignment of his
share, without the consent of the others, in breach of their Agreement,
thereby exposing them to the chance of trouble and inconvenience. His
absence, too, had led to more than proportionate loss, because his
rank, and figure in the world, and the ready access which he had at
Court, had been of great service; that was, in fact, the very end and
consideration of his share in the profits. Cibber proceeded to argue
that he, Wilks, and Booth had been justified in charging £1 13s. 4d. a
day for their extraordinary labour, in Steele's absence, by graphically
describing the multitude of duties and disagreeable tasks which fell
to a manager's lot. Steele had not written plays for nothing, and
though, said Cibber, in writing _The Conscious Lovers_, "he had more
assistance from one of the managers than becomes me to enlarge upon, of
which evidence has been given upon oath by several of our actors, yet,
Sir, he was allowed the full and particular profits of that play as an
author, which amounted to three hundred pounds, besides about three
hundred more which he received as a joint sharer of the general profits
that arose from it." Cibber adds, in another place, that when they
told Steele of the salary they meant to take for themselves in future,
Steele only remarked that he had no reason to doubt of their doing him
justice, and he never complained for nearly three years; indeed it was
not until his affairs were put into the hands of lawyers and trustees
that his lawyer thought that here was a fair field for an action in
Chancery, in which, whatever the result might be, his bill would be
paid.
After hearing Cibber, and the counsel on both sides,--the proceedings
lasted five hours,--the Master of the Rolls declared that he saw no
good cause for breaking through the account dated 18th June 1723, or
for varying the allowances of £1 13s. 4d. which had been made at that
time to each of the defendants, Wilks, Cibber, and Booth. He therefore
ordered that the account dated the 18th June 1723 should stand, and
that it should be referred to Mr. Bennett to take an account of the
profits of the theatre from that time; the defendants were to produce
before the said Master upon oath all books of account, &c., and to be
examined as the Master should direct; and in taking the account the
Master was to make to the defendants all just allowances. His Honour
declared he conceived the allowance of £1 which had been already made
to each of the defendants for management every night was a reasonable
allowance, and that they ought to have this allowance continued to them
until Steele should come into the management of the theatre; but the
Master must determine what the defendants respectively deserved for
their charges for wigs, lace, and linen, for which Steele admitted by
his answer that an allowance should be made; and he was also to take
an account of what was due to Woolley for principal and interest on
his mortgage, and to tax Woolley's costs in this suit. The Master was
also to ascertain what would be coming to Steele for his fourth part of
the profits on the balance of the account, and from what was certified
as due to Steele, Wilks, Cibber, and Booth should pay to Woolley what
was reported due to him in the first place for principal, interest,
and costs as aforesaid, and should pay the remainder to Scurlock for
the uses mentioned in the deed of assignment from Steele to Scurlock,
or to whoever Scurlock should authorise to receive the same; and
Wilks, Cibber, and Booth were hereby indemnified for so doing; and they
were to continue to pay Steele's fourth part of the growing profits,
under such allowances as aforesaid, to Steele or to whoever he should
authorise to receive the same. And it was further ordered that Steele
and Scurlock's bill against Castleman be dismissed out of the court;
and that no costs be paid to either of the said parties, except to
Woolley.
The Master's Report is dated July 10, 1728.[173] Mr. Bennett said that
the plaintiffs' solicitors having allowed Wilks, Cibber, and Booth 13s.
4d. apiece for every day a play was acted, from the 18th June 1723,
as the same had been allowed up to that time, he had taken an account
of Steele's fourth part of the profits from the said 18th June to the
present time, and found that that fourth part amounted to £2,692 3s.
3d., in discharge whereof he found that the said defendants had paid to
Steele or order several sums, amounting to £1,601 3s. 3d., leaving due
to Steele £1,091. And the clerk in court for Woolley had admitted that
Woolley had been already paid off and discharged all the principal and
interest due to him on Steele's account; and the Master had already, by
his Report of the 5th instant, taxed Woolley's bill of costs at £29 2s.
10d., which sum he appointed Wilks, Cibber, and Booth to pay Woolley
out of the said sum of £1,091 in their hands, and the residue, £1,061
17s. 2d., they were to pay to Scurlock, as directed by the order of the
17th February. On the following day, July 11, 1728, upon motion made
by the counsel for the defendants in the original cause, this Report
and all contained therein was confirmed by order and decree of the
Court.[174]
NOTES.
[1] Readers desirous of knowing more about Steele may be referred to
Forster's Essay, first printed in the _Quarterly Review_ for 1855; to
Mr. Dobson's "Richard Steele," 1886, in the _English Worthies_ series;
and to the _Life of Richard Steele_, 2 vols., 1889, by the present
writer. From the last-mentioned work I have occasionally borrowed a
phrase or sentence in this Introduction.
[2] See Appendix.
[3] This is not true. The second edition was corrected and enlarged.
[4] See Appendix.
[5] _Athenæum_, Sep. 20, 1884, article by the present writer.
[6] Public Record Office, Chancery Decrees, 1709 B. p. 320, "Steele v.
Rich."
[7] See a paper by the present writer in the _Athenæum_ for Dec. 27,
1890, and the _Life of Steele_, ii. 72-3.
[8] Tonson paid for the copyright £40, "and other valuable
considerations"; and he had to institute proceedings to prevent the
play being pirated (_Athenæum_, Dec. 5, 1891). As early as March 1,
1772, Lintot has agreed to give Tonson £70 for a half share of Steele's
comedy that was to be published.
[9] "Hired mourners at a funeral say and do
A little more than they whose grief is true;
'Tis just so here: false flattery displays
More show of sympathy than honest praise."
CONINGTON.
[10] Isabella, second daughter of the Lord of St. Gravemoer, General of
the Forces to the States General, and wife of Arnold Joost van Keppel,
Earl of Albemarle, and Colonel of the first troop of Horse Guards.
[11] William Cavendish, fourth Earl of Devonshire; created in 1694
Marquis of Hartington and Duke of Devonshire. The Duke was a Knight of
the Garter, and Lord Steward of the Household. He married Mary, second
daughter of the first Duke of Ormond, and he died in 1707.
[12] Perhaps the reference is to Charles Montagu, Lord Halifax, who, as
Pope says, was "fed with dedications."
[13] "Whether he trains for pleading, or essays
To practice law, or frame some graceful lays."
(Conington's _Horace,_ Ep. I. iii. 23-4, adapted to suit Steele's
modification of the original.)
[14] Wilks was CAMPLEY. In the _Tatler_ (No. 182), Steele says: "To
beseech gracefully, to approach respectfully, to pity, to mourn, to
love, are the places wherein Wilks may be said to shine with the utmost
beauty!" He had "a singular talent in representing the graces of
nature" and "the easy frankness of a gentleman."
[15] Contemporary writers loudly complained of the neglect of ordinary
plays at this time, owing to the importation of French tumblers and
rope-dancers, performing animals, and Italian singers. "The town ran
mad," says Gildon (_Comparison between the two Stages_), after some
of these entertainments. The theatres in Drury Lane and Lincoln's Inn
Fields tried to outdo each other in every new attempt made by either
of them. The "Celebrated Virgin," in a machine, shining in a full
zodiac, and "Harlequin and Scaramouch," with plenty of grimaces and
table-jumping, were favourite amusements. The cleverest plays would
rarely secure a reasonable audience unless they were accompanied by
dances, songs, and clowns. Colley Cibber (_Apology_, chap. x), says
that Rich paid "extraordinary prices to singers, dancers, and other
exotic performers, which were as constantly deducted out of the sinking
salaries of his actors." The majority of the people "could more easily
apprehend anything they _saw_, than the daintiest things that could be
said to them." Rich was only prevented bringing an elephant on to the
stage by "the jealousy which so formidable a rival had raised in his
dancers," and by the bricklayers assuring him that the safety of the
building would be imperilled. The complaint that what pleases is "the
skill of carpenter, not player," is exactly what we hear continually at
the present day.
[16] An Order of the Lord Chamberlain to the Managers of the
Haymarket and Drury Lane Theatres, dated 24 Dec., 1709, directed that
all agreements with actors, &c., were to be submitted to the Lord
Chamberlain; that all players were to be sworn in; that all new plays,
&c., were to be re-licensed by the Master of the Revels; and "that
from and after the first day of January next no new Representations
be brought upon the Stage which are not Necessary to the better
performance of Comedy or Opera, such as ladder-dancing, antic postures,
&c., without my leave and approbation first had." (Lord Chamberlain's
Records, Warrant Book No. 22, end). See _Tatler_, Nos. 12, 99. The
author of a book called _The Antient and Modern Stages surveyed_
(1699), attributed to Dr. James Drake, and written in reply to
Collier's _Short View_, says (p. 99): "As for the dancing, which he
calls bold, it may in one sense be allowed him; for it must be granted
that he that ventures his neck to dance upon the top of a ladder is a
very bold fellow."
[17] Pother.
[18] In a letter written in August, 1710, to her future husband, Mr. E.
Wortley Montagu, Lady Mary Pierrepoint says: "People talk of being in
love just as widows do of affliction. Mr. Steele has observed in one of
his plays, 'the most passionate among them have always calmness enough
to drive a hard bargain with the upholders.' I never knew a lover
that would not willingly secure his interest as well as his mistress;
or, if one must be abandoned, had not the prudence (among all his
distractions) to consider that a woman was but a woman, and money was a
thing of more real merit than the whole sex put together."
[19] See note 35.
[20] In the first edition this speech reads, "Oh that Harriot! To fold
these arms about the waist of that beauteous struggling--and at last
yielding fair!" In the _Spectator_ (No. 51), Steele condemned the
passage as an offence to delicacy and modesty.
[21] Tom's Coffee House, 17, Great Russell Street, Covent Garden, on
the north side, over against Button's. See _Guardian_, No. 71.
[22] Richard Lucas, D.D. (1648-1715), wrote, among other things, _The
Enquiry after Happiness_, and _Practical Christianity_. The latter,
published in 1700, was afterwards referred to in the _Guardian_, No.
63, and there are quotations from both works in Steele's _Ladies'
Library_, 1714.
[23] Daniel Purcell composed music for these verses.
[24] Henry Lawes, the friend of Milton, and his associate in the
production of _Comus_, died in 1662.
[25] Slippers.
[26] Gildon suggests that this should be "premises"; but the word was
not altered in later editions of the play.
[27] It is interesting to compare the ensuing dialogue with similar
scenes in Sheridan's _School for Scandal_.
[28] Budgell refers to this scene in a paper in the _Spectator_ (No.
506), on happiness in the married state.
[29] Daniel Purcell composed music for this song.
[30] In the _Lay Monastery_, No. 9 (December 4th, 1713), Blackmore
dwelt on the fine touches of humanity in the part of Trusty in
this play. He said this passage was too well known on the stage
to need transcribing: "This is not only nature, but nature of the
most beautiful kind; or, to borrow Plautus's own remark, by the
representation of such plays _even good men may be made better_."
[31] These lines are in the spirit of, but are not a quotation from
Lee's _Rival Queens, or the Death of Alexander the Great_.
[32] The object of the Act of 1678 (30 Charles II. c. 3), which obliged
the dead to be buried in woollen, was to protect homespun goods against
foreign linen.
"'Odious! in woollen! 'twould a saint provoke,'
Were the last words that poor Narcissa spoke;
'No, let a charming chintz and Brussels lace
Wrap my cold limbs, and shade my lifeless face;
One would not, sure, be frightful when one's dead--
And--Betty--give this cheek a little red.'"
(POPE, _Moral Essays,_ i. 246-251.)
Pope here alludes, says Carruthers, to Mrs. Oldfield, who acted
Narcissa in Cibber's _Love's Last Shift_. She was buried in Westminster
Abbey, the corpse being decorated with "a Brussels lace head-dress, a
Holland shift, with tucker and double ruffles of the same lace, and a
pair of new kid gloves."--See, too, _Tatler_, No. 118.
It is evident that by making a certain payment persons of position
could evade the Act; in the Overseers' Rate Books for the Parish of
St. Martin's-in-the-Fields, one or two persons in the year are often
mentioned as being buried in linen: Thus in the volume for 1702 (p.
147) I found--
"Received for persons buried in linen, contrary to Act of Parliament:
For ---- £2 5 0
For the Earl of Macclesfield £2 10 0."
Mr. Austin Dobson has pointed out that if Anne Oldfield really gave the
orders alleged by Pope she was only elaborating the words of Steele's
widow, which she must have often heard on the stage, as she acted the
part of Lady Sharlot in this play.
[33] Genest (_Account of the English Stage_) suggests that the idea of
Lady Sharlot's escape was taken from Beaumont and Fletcher's _Knight of
the Burning Pestle_, Act V., Sc. III.
[34] Eusden, in a complimentary poem "To the Author of the _Tatler_,"
printed in Nichols' _Collection of Poems_, iv. 152-4, thus expressed
himself:--
"O Charlotte! who thy character can read,
But soon must languish, sigh, and secret bleed?
* * * * *
To wealth, to power, I every wish resign,
If only that dear Charlotte might be mine."
[35] A favourite word with Steele. In the first scene of the play Sable
says: "There's a what d'ye call, a crisis." In 1714, Steele wrote a
famous pamphlet called _The Crisis_. "Plebian Britons," five lines
below, reminds us of his four pamphlets, _The Plebeian_, on the Peerage
Bill of 1719.
[36] Steele always maintained in his own political career the honest
independent attitude here recommended.
[37] Daniel Purcell, brother of the great musician, Henry Purcell,
was appointed organist of Magdalen College, Oxford, in 1686, and of
St. Andrew's, Holborn, in 1713. He composed the music for an opera by
George Powell, and died in 1717.
[38] "To have known these things is safety to the young."
[39] James, second Duke of Ormond, was in command of the expedition
against Spain in 1702, when there were successes at Cadiz, Vigo, etc.;
great booty was taken, and many galleons were sunk. Steele alludes
below to this "wealth of the Indies." On February 4, 1703, the Duke was
made Lord-Lieutenant of Ireland.
[40] James Butler, first Duke of Ormond. Steele's uncle and guardian,
Henry Gascoigne, was the Duke's secretary, and had obtained, through
his employer, a place upon the foundation of the Charterhouse for
Steele. Four years later (1688) the Duke died, and was succeeded by his
grandson.
[41] On the 13th of January, 1704, one week before the publication
of this play, the Queen issued an Order for the regulation of the
playhouses, prohibiting them from acting anything contrary to religion
and good manners (Salmon's _Chronological Historian_).
[42] This line is repeated from Steele's _Procession_, 1695.
[43] _Cliton._ Qu'a de propre la guerre à montrer votre flamme?
_Dorante._ O le beau compliment à charmer une dame,
De lui dire d'abord: "J'apporte à vos beautés
Un cœur nouveau-venu des universités;
Si vous avez besoin de lois et de rubriques,
Je sais le Code entier avec les Authentiques,
Le Digeste nouveau, le vieux, l'Infortiat,
Ce qu'en a dit Jason, Balde, Accurse, Alciat!"
Qu'un si riche discours nous rend considerables!
Qu'on amollit par là de cœurs inexorables!
Qu'un homme à paragraphe est un joli galant!
On s'introduit bien mieux à titre de vaillant:
Tout le secret ne gît qu'en un peu de grimace,
A mentir à propos, jurer de bonne grâce,
Étaler force mots qu'elles n'entendent pas;
Faire sonner Lamboy, Jean de Vert, et Galas;
Nommer quelques châteaux de qui les noms barbares,
Plus ils blessent l'oreille, et plus leur semblent rares;
Avoir toujours en bouche angles, lignes, fossés,
Vedette, contrescarpe, et travaux avancés:
Sans ordre et sans raison, n'importe, on les étonne;
On leur fait admirer les baies qu'on leur donne:
Et tel à la faveur d'un semblable débit,
Passe pour homme illustre, et se met en crédit.
_Le Menteur_, Act I. Scene VI.
[44] This dialogue, down to the exit of Latine, is based upon _Le
Menteur,_ I. i.
[45] The four following speeches are a free translation from _Le
Menteur_, I. ii.
[46] From _Le Menteur_, I. ii.
[47] The general idea of the ensuing dialogue, down to the exit of the
ladies, is taken from _Le Menteur_, I. iii.
[48] The dialogue thus far closely follows _Le Menteur,_ I. iv.
[49] This passage, down to the end of Young Bookwit's description of
the feast--"twelve dishes to a course"--is a literal translation from
_Le Menteur_, I. v. The whole scene appears again in slightly varied
form in Foote's _Liar_.
[50] The rest of the scene with Lovemore and Frederick is from _Le
Menteur_, I. v.
[51] The ensuing dialogue is an adaptation from _Le Menteur_, i, vi.,
down to Latine's mention of lying. The rest is Steele's.
[52] Pontack's was a French eating-house in Abchurch Lane, where the
Royal Society held its annual dinners until 1746. Pontack was son of
the President of the Parliament of Bordeaux, and gave the name to a
famous French claret. Evelyn refers to him in his diary, 13 July, 1683,
and 30 Nov., 1694, and Swift, in his Journal, 16 Aug., 1711: "Pontack
told us, although his wine was so good, he sold it cheaper than others;
he took but seven shillings a flask. Are not these pretty rates?" See,
too, the prologue to _Love's Contrivances_, 1703, by Mrs. Centlivre:--
"At Locket's, Brown's, and at Pontack's enquire,
What modish kickshaws the nice beaus desire,
What famed ragouts, what new-invented salad,
Has best pretensions to regale the palate.
If we present you with a medley here,
A hodge-podge dish served up in china-ware,
We hope 'twill please, 'cause like your bills of fare."
Pontack put up a picture of his father's head as a sign (Burn's
_Descriptive Catalogue of the London Traders' Tavern, and Coffee-House
Tokens_, 1855, p. 13). From a tract called _The Metamorphoses of the
Town_, dated 1730, we learn that Pontack's was then the resort of
extravagant epicures; in the bill of fare of a "guinea ordinary" are "a
ragout of fatted snails," and "chickens not two hours from the shell."
[53] _Geronte._ Il vint hier de Poitiers, mais il sent peu l'école;
Et, si l'on pouvait croire un père à sa parole,
Quelque écolier qu'il soit, je dirais qu'aujourd'hui
Peu de nos gens de cour sont mieux taillés que lui.
(_Le Menteur_, II. ii.)
[54] Presents to servants.
[55] _Clarice._ Ah! bon Dieu! si Dorante avait autant d'appas,
Que d'Alcippe aisément il obtiendrait la place!
(_Le Menteur_, II. ii.)
[56] _Alcippe._ Ah, Clarice! ah, Clarice! inconstante, volage!
(_Le Menteur_, II. iii.)
The idea of the servant remaining in the room is Steele's.
[57] Most of this scene, down to Lovemore's exit, is adapted from _Le
Menteur_, II. iii., iv.
[58] Want of merit. See the _Tatler_, No. 69.
[59] There is a similar speech in _Le Menteur_, II. ii.
[60] The New Exchange was on the south side of the Strand, partly on
the site of the present Adelphi. It was a very favourite place of
resort in Charles II.'s time, and the restoration plays are full of
allusions to it. There were four walks, two above and two below stairs.
Steele refers to the New Exchange again in the _Spectator_, Nos. 96,
155. It was pulled down in 1737. With the scene here described we may
compare Etherege's _She would if she could_, III. i.:--
"_Mrs. Trinckit._ What d'ye buy? what d'ye lack, gentlemen? Gloves,
ribbons, and essences; ribbons, gloves, and essences?...
"_Courtall._ Walk a turn or two above, or fool awhile with pretty
Mistress Anvil, and scent your eye-brows and periwig with a little
essence of oranges, or jessamine."
Similarly in Otway's _Atheist: or the Second Part of the Soldier's
Fortune_, II. i., Courtine remarks:--
"Methinks, this place looks as if it were made for lovings. The lights
on each hand of the walk look stately; and then the rustling of silk
petticoats, the din and the clatter of the pretty little parti-coloured
parrots, that hop and flutter from one side to t'other, puts every
sense upon its proper office, and sets the wheels of nature finely
moving."
[61] Green silk stockings seem to have been introduced by Elizabeth,
Countess of Chesterfield. On this matter the curious may consult
Grammont (_Memoirs_, 1846, pp. 177-8, 180).
[62] The ensuing dialogue between father and son is adapted from one in
_Le Menteur_, II. v. The story is also followed closely by Foote, in
the _Liar_, II. iii.
[63] The next four speeches are from _Le Menteur_, II. vi.
[64] In the Duke of Buckingham's _Rehearsal_ (1671), III. ii.
[65] You teach the woods to re-echo the name of the fair Amaryllis
(_Virgil, Buc._ I. v).
[66] Richard Leveridge had a deep and powerful bass voice, and he also
composed much song music. He died in 1758, aged 88.
[67] _Lucrèce._ Mais parle sous mon nom, c'est à moi de me taire.
(_Le Menteur_, III. v.)
[68] This speech is adapted from one in _Le Menteur_, III. v.
[69] The ensuing dialogue, down to the exit of the ladies, follows
generally that in _Le Menteur_, III. v.
[70] The story will be found in Sir Philip Sidney's _Arcadia_. The tale
of Argalus and Parthenia was put into verse by Francis Quarles.
[71] Leveridge composed the music for this song.
[72] It is interesting to compare this constable with the Dogberry and
Verges of _Much Ado about Nothing_, especially Act IV. Scene ii.
[73] The following dialogue is adapted from _Le Menteur_, V. i. Cf.
Foote's _Liar_, II. iv.
[74] Steele himself made experiments in alchemy.
[75] There is a similar scene in Fielding's _Amelia_, Book I., chap.
iii., and particulars of the system of garnish may be found in the
works of John Howard.
[76] This condemnation of duelling is the first of a long series in
Steele's works.
[77] The hearer should ponder over more things than he sees.
[78] When this dedication was written, Addison had recently (December,
1704) published his successful poem, _The Campaign_, and was preparing
his _Remarks on Italy_ for the press.
[79] Wilks was Captain Clerimont.
[80] "The next place of resort wherein the servile world are let loose,
is at the entrance of Hyde Park, where the gentry are at the Ring"
(_Spectator_, No. 88). This favourite drive and promenade was partly
destroyed when the Serpentine was formed. The servants gathered round
the gate, while their masters and mistresses stared at or ogled each
other in the Ring.
[81] White's Chocolate-house, on the west side of St. James's Street,
was founded about 1698, and the original building was burnt down in
1733. In the first number of the _Tatler_, Steele announced that "all
accounts of gallantry, pleasure, and entertainment, shall be under the
article of White's Chocolate-house." See, too, _Spectator_, No. 88,
and Hogarth's _Rake's Progress_, Pt. IV. There was much gambling at
White's, and Swift calls it "the common rendezvous of infamous sharpers
and noble cullies."
[82] _Astræa_ was a French romance by Honoré d'Urfé, translated for the
second time in 1657. _Clelia_ was by Madame de Scudery, who lived until
1701. _Cassandra_, by Gautier de Costes, Seigneur de la Calprenède,
was translated in 1652. These translations were all in folio; and
they are all in the list of a lady's library given by Addison in
the _Spectator_, No. 37, together with Steele's _Christian Hero_.
Oroondates, in _Cassandra_, was the only son of a Scythian king.
[83] This and another reference to the battle of Blenheim, fought
in August, 1704, ought to have been sufficient to prevent writers
constantly repeating the statement that the _Tender Husband_ was
produced in 1703.
[84] "The _corant_ is a melody or air consisting of three crotchets in
a bar, but moving by quavers, in the measure of ¾, with two strains
or reprises, each beginning with an odd quaver. Of dance tunes it is
said to be the most solemn." "The _bouree_ is supposed to come from
Auvergne, in France; it seldom occurs but in compositions of French
masters." (Hawkins's _History of Music_, IV. 387-8, 390).
[85] Tony Lumpkin, like Humphry, "boggled a little" at marrying his
cousin. See _She Stoops to Conquer,_ Act I., Scene II.:--
"_Tony._ What do you follow me for, cousin Con? I wonder you're not
ashamed to be so very engaging.
"_Miss Neville._ I hope, cousin, one may speak to one's own relations,
and not be to blame.
"_Tony._ Ay, but I know what sort of a relation you want to make me,
though; but it won't do. I tell you, cousin Con, it won't do; so I beg
you'll keep your distance; I want no nearer relationship."
[86] Lady Mary Wortley Montagu, in a letter dated Feb. 26, 1711, to
her future husband, proposing that their engagement should cease, says
that she had foolishly despised women who looked for their happiness in
trifles, and thought, as Dryden puts it, that true happiness was to be
found in privacy and love. "These notions had corrupted my judgment as
much as that of Mrs. Biddy Tipkin's."
[87] Urganda was an enchantress in the Amadis and Palmeria romances.
[88] Musidorus, in Sir P. Sidney's _Arcadia_, is the Prince of
Thessaly, and in love with Pamela.
[89] Parthenissa was the heroine of at romance of that name by Roger
Boyle, Earl of Orrery, the first two parts of which appeared in 1651.
[90] Statira, in _Cassandra_, was the widow of Alexander the Great, and
the daughter of Darius. She married Oroondates after many difficulties
had been overcome.
[91] Garraway's coffee house, in Change Alley. Thomas Garraway,
tobacconist and coffee-man, was the first to retail tea, which he
recommended for the cure of all disorders. See _Tatler_, No. 147;
_Spectator_, Nos. 403, 457. Garraway's was the resort of merchants.
[92] Prior has several poems on this subject:--
"From her own native France, as old Alison passed,
She reproached English Nell with neglect or with malice,
That the slattern had left in the hurry and haste
Her lady's complexion and eyebrows at Calais."
And, again,
"Helen was just slipped into bed,
Her eyebrows on the toilette lay,
Away the kitten with them fled,
As fees belonging to her prey.
For this misfortune careless Jane,
Assure yourself, was loudly rated,
And madam getting up again,
With her own hand the mouse-trap baited.
On little things as sages write,
Depends our human joy or sorrow;
If we don't catch a mouse to-night,
Alas! no eyebrows for to-morrow."
And on another occasion, when her eyebrow box was lost, Helen says:
"I can behold no mortal now,
For what's an eye without a brow?"
[93] A coupee is a motion in dancing, when one leg is a little bent,
and raised from the ground, while a forward motion is made with the the
other leg.
[94] Valentine and Orson, the two twin sons of Alexander, Emperor of
Constantinople, in the old romance, were born in a wood.
[95] Cf. Molière's _Le Sicilien_, scene xiii.:--"Si votre pinceau
flatte autant que votre langue, vous allez me faire un portrait qui ne
me resemblera point."
[96] See the _Vicar of Wakefield_, Chap. XVI.:--"As for our neighbour's
family, there were seven of them, and they were drawn with seven
oranges, a thing quite out of taste, no variety in life, no composition
in the world." The vicar's wife was painted as Venus, with two Cupids;
the vicar, in gown and band, presenting her with his books on the
Whistonian controversy. Olivia was an amazon, Sophia a shepherdess,
"with as many sheep as the painter could put in for nothing."
[97] Compare _Le Sicilien_, scene xiii.:--"_Adraste._ Levez-vous un
peu, s'il vous plaît. Un peu plus de la côté-là. Le corps tourné ainsi.
La tête un peu levée, afin que la beauté du cou paraisse. Ceci un peu
plus découvert. (Il découvre un peu plus sa gorge). Bon. Là, un peu
davantage; encore tant soit peu.... Vos yeux toujours tournés vers moi,
je vous en prie; vos regards attachés aux miens."
[98] This song was set to music by Daniel Purcell.
[99] Cf. Molière's _Précieuses Ridicules_, in which Mademoiselle
Magdalen says, "Si d'abord Cyrus épousait Mandane, et qu'Aronce de
plain-pied fût marié à Clélie!"
[100] Similarly, Beau Tibbs hated "immense loads of meat"--"extreme
disgusting to those who are in the least acquainted with high life."
[101] "At the Theatre Royal to-morrow, being the 18th October, will be
revived a Comedy called the _Spanish Friar; or the Double Discovery_.
The part of the Friar to be performed by Mr. Estcourt; being the first
time of his appearance on the English stage. Beginning exactly at
half-an-hour after five o'clock" (_Daily Courant_, Oct. 17, 1704).
Richard Estcourt was an excellent companion, and a favourite of
Steele's, who praised him several times in the _Spectator_, and wrote
an excellent and touching paper (No. 468) on his death in 1712, in the
course of which he says: "When a man of his wit and smartness could
put on an ... air of insipid cunning and vivacity in the character of
Pounce in the _Tender Husband_, it is folly to dispute his capacity and
success, as he was an actor."
[102] On March 8, 1705 (_Daily Courant_), there was acted at Drury Lane
"a new opera (all sung after the Italian manner) called, _Arsinoe,
Queen of Cyprus_. As it was performed before Her Majesty at St. James's
on her birthday."
[103] The kind of narrative which is presented on the stage ought to
be marked by gaiety of dialogue, diversity of character, seriousness,
tenderness, hope, fear, suspicion, desire, pity, variety of events,
changes of fortune, unexpected disaster, sudden joy, and a happy ending.
[104] The original MS. of this Preface is among the papers at Blenheim,
where there are also some rough notes for a Preface, _e. g._, "The
fourth act was the business of the play. The case of duelling. I have
fought, nor shall I ever fight again.... Addison told me I had a
faculty of drawing tears.... Be that as it will, I shall endeavour to
do what I cm to promote noble things, which I will do as well as I can."
[105] "The stupid and diabolical custom of duelling" (MS. erased).
[106] The Hon. Brigadier-General Charles Churchill, who lived with Mrs.
Oldfield after Maynwaring's death (Egerton's _Memoirs of Mrs. Anne
Oldfield_, 1731, pp. 67, 121).
[107] "To enquire what should not which does please." (MS.)
[108] Carbonelli, a violinist, who had then not long been in England,
had a benefit in 1722 at Drury Lane Theatre. He published twelve solos,
dedicated to the Duke of Rutland. Afterwards he became a wine-merchant.
[109] "Played admirably well." (MS.)
[110] "Some great critics." (MS.)
[111] Wags in the newspapers of the day pointed out that these words
might be read as meaning that Steele was surprised at finding to be
true anything that Cibber said.
[112] "The imitation of Pamphilus." (MS.)
[113] "By him." (MS.)
[114] Leonard Welsted, a protégé of Steele's, wrote also the Epilogue.
He was a clerk in the office of one of the Secretaries of State, and
wrote a play and various poems, some of which were addressed to Steele.
Pope gave him a place in the _Dunciad_, and Swift attacked him in his
_On Poetry: a Rhapsody_.
[115] Pinkethman.
[116] The reference is to Bartholomew Fair, which was held in
Smithfield.
[117] Here and throughout this dialogue Steele closely follows the
conversation of Simo and Sosia in Terence's _Andria_, Act I. scene i.
[118] This and the two following speeches by Sir John Bevil are
borrowed from Terence.
[119] In the old Royal Palace at Westminster, the House of Lords was
formed out of the ancient Court of Requests, and the old Painted
Chamber separated the Lords from the Commons. Steele has described
(_Spectator_, No. 88) how servants, waiting for their masters at an
alehouse at Westminster, debated upon public affairs, addressing each
other by their employers' names.
[120] At the ridotto there was music, followed by dancing, the company
passing, when the music was over, from the pit to the stage. Burney
says that this Italian entertainment was first introduced into England
in 1722, the year in which Steele produced _The Conscious Lovers_.
[121] Belsize House was the forerunner of Ranelagh and Vauxhall. There
were gardens, in which refreshments could be obtained, and hunting,
races, &c., were provided to amuse the visitors, for whose protection
twelve stout men, well armed, patrolled the road to London. A poetical
satire, _Belsize House_, appeared in 1722, the year of this play.
In the same year unlawful gaming at Belsize was forbidden (Park's
_Hampstead_, 246-9).
[122] Among the Blenheim papers is a fragment, in Steele's writing, of
a dialogue between two servants, Parmeno and Pythias--names taken, no
doubt, from Terence's _Eunuchus_. The pair discuss the charm of the
soft moments of servants in love, free from their usual restraints. Why
should any man usurp more than his share of the atmosphere? The whole
art of a serving-man is "to be here and there, and everywhere, unheard
and unseen till you are wanted, and never absent when you are. This
gives our masters and mistresses the free room and scope to do and act
as they please--they are to make all the bustle, all the show--we are
like convenient demons or apparitions about 'em, never to take up space
or fill the air nor be heard of or seen but when commanded." Pythias
remarks how much she learns from Parmeno's conversation, and produces
a little collation from the last night's supper which she has prepared
for him. Parmeno eats the eggs, gorges, sings a song, and says kind
things between whiles to Pythias.
[123] Leer, throw glances.
[124] See page 307.
[125] In the Vision of Mirza (_Spectator_, No. 159), Addison pictured
the Happy Islands which were the abode of good men after death. "Does
life appear miserable, that gives thee opportunities of earning such a
reward?"
[126] In Terence, Glycerium comes to Athens with Chrysis, a courtezan,
her supposed sister, and Pamphilus makes her acquaintance at Chrysis's
house.
[127] This character has no prototype in Terence's _Andria_.
[128] These two operas, by G. B. Bononcini, were produced in 1722, with
words by Rolli. In _Griselda_, Anastasia Robinson took the part of the
heroine, and it is said that she thus completed her conquest of the
Earl of Peterborough, who married her many years later.
[129] See page 270.
[130] There is nothing in Terence's _Andria_ to correspond to the
incidents in this act; and throughout the remainder of the play there
is no resemblance except the general idea of the story.
[131] Steele had already described this scene in the _Guardian_ for
June 20, 1713:--"I happened the other day to pass by a gentleman's
house, and saw the most flippant scene of low love that I have ever
observed. The maid was rubbing the windows within side of the house,
and her humble servant the footman, was so happy a man as to be
employed in cleaning the same glass on the side towards the street.
The wench began with the greatest severity of aspect imaginable, and
breathing on the glass, followed it with a dry cloth; her opposite
observed her, and fetching a deep sigh, as if it were his last, with
a very disconsolate air did the same on his side of the window. He
still worked on and languished, until at last his fair one smiled,
but covered herself, and spreading the napkin in her hand, concealed
herself from her admirer, while he took pains, as it were, to work
through all that intercepted their meeting. This pretty contest held
for four or five large panes of glass, until at last the waggery
was turned into an humorous way of breathing in each other's faces,
and catching the impression. The gay creatures were thus loving and
pleasing their imaginations with their nearness and distance, until
the windows were so transparent that the beauty of the female made the
man-servant impatient of beholding it, and the whole house besides
being abroad, he ran in, and they romped out of my sight."
[132] Steele's monetary troubles made him personally familiar about the
time he wrote this play with indentures tripartite, quadrupartite, and
otherwise (See _Life of Steele_, 1889, II., 291, 299, &c.).
[133] This scene is, of course, entirely original.
[134] Patron of cock-fighting.
[135] An adaptation, by Thomas Betterton, of Beaumont and Fletcher's
_Prophetess_.
[136] A comedy, by Shadwell, in which Fribble, a haberdasher, is one of
the characters.
[137] Pope tells the story of these lovers in a letter to Lady M.
W. Montagu. He wrote two poetical epitaphs, one of which, with
slight modifications, is given by Steele, and afterwards this prose
inscription, which Lord Harcourt thought would be better understood by
the common people.
[138] A copy of the speech from Pope's edition of Shakespeare, was
sent to Steele by William Plaxton, on July 22, 1725; and in the margin
Steele wrote: "Mr. Gwillim speaks this speech in the Welsh tone,
looking at the gentlemen suspiciously, not speaking improperly, but as
he is a Welshman" (Add. MS. 5145c f. 170).
[139] Statira, wife of Alexander, is murdered by Roxana, the Bactrian,
in Lee's tragedy, _The Rival Queens_.
[140] These well-known lines are by Lord Rochester.
[141] The only dramatic piece called _The Patriot_ that was in print in
Steele's time was Gildon's tragedy (1703); and no such lines as those
given here are to be found in it.
[142] The MS. has "off."
[143] The documents printed in this Appendix are taken from my _Life
of Steele_, 1889, in order to illustrate, more fully than was possible
in the Introduction, Steele's relations with the theatre at different
periods.
[144] Chancery Proceedings (Pub. Rec. Office), B. and A. Hamilton, iv.,
before 1714, No. 642.
[145] There is a curious mistake in the date of the _Tender Husband_
throughout Steele's Bill. As we have seen, it was first produced in
April, 1705. There are several allusions in the play to the battle of
Blenheim, which was not fought until August, 1704.
[146] In Easter term, 1707, the Queen sent her writ to the Sheriff
of Middlesex in these words: Whereas Christopher Rich, Esq., in our
Court at Westminster by our writ and by judgment of the said Court
recovered against Richard Steele, gentleman, _alias_ Richard Steele of
the parish of St. Martin-in-the-Fields, gentleman, £144 of debt, also
53s. for his damages, whereof Richard is convicted as is manifest to us
by the Records: Now on the part of the said Christopher we understand
that in spite of the judgment aforesaid the debt and damages still
remain unpaid, wherefore Christopher prays us to give him a suitable
remedy. We willing to do what is just in the matter command you by
honest men of your bailiwick to cause Richard to know that he is to
come before us at Westminster on Wednesday next after the Quindene of
Easter to show if he knows or can say anything in bar of execution why
Christopher may not have execution of his debt and damages, according
to the force, form, and effect of recovery, if he shall think proper,
and further to do and receive what the Court shall consider to be just
in the matter.--On the 12th February, 5 Anne (1706-7), at Westminster,
Christopher came, and the Sheriff acknowledged that Richard has nothing
in his bailiwick by which he could cause him to know, &c. [_i.e._, he
had no property to which he could affix the notice]. Richard did not
come; therefore it was commanded to the Sheriff to make known to him
that he was to be before the Queen at Westminster on Wednesday next
after the month of Easter, to show if, &c., and further, &c. The same
day was given to Christopher, whereupon he came, and the Sheriff again
acknowledged that Richard had nothing, &c., but Richard did not come.
It was therefore considered that Christopher might have execution
against him of debts and damages, according to the form and effect of
the recovery aforesaid (Queen's Bench Judgment Roll, Easter 6 Anne,
375). I have not found the original judgment here referred to.
[147] Baggs commenced an action for debt against Steele in the Court of
Queen's Bench in Michaelmas term, 1707, claiming damages of £15.
[148] 1703, N.S.
[149] The _Examiner_ for October 12, 1713, evidently written by some
one well acquainted with Steele's affairs, said, "I and the Upholsterer
retired to the bench and parade in the Park, not doubting but your
Author would finish his rough draught of the _Election at Goatham_,
according to agreement with Mr. Rich."
[150] 1703, N. S.
[151] 1703, N.S.
[152] 1703, N.S.
[153] There is some mistake in this date. On November 20, 1705, the
_Bassett Table_ was acted for the first time.
[154] "Never acted there before. At the desire of severall Ladies of
Quality. By her Majesty's Company of Comedians. At the Queen's Theatre
in the Haymarket, this present Saturday being the 7^{th} of December
[1706] will be presented a Comedy, called The Tender Husband or the
Accomplished Fools." The Play was repeated at the Haymarket Theatre on
Monday, Dec. 9^{th}, and on Feb. 25^{th} 1707, "for the benefit of Mrs.
Oldfield" _(Daily Courant_ passim).
[155] Chancery Proceedings, Zincke, 1714-58, No. 1424.
[156] Robert Aston brought an action against Steele for debt in
Michaelmas term, 1716.
[157] The following memorandum, in Steele's writing, is among the
Blenheim MSS.: "Whereas S^r R: S: has made a Sale of His income and
interest in a Patent of the" ... (some words illegible) "an absolute
sale in Words yet it was never intended nor should be ever insisted
upon as a sale in fact, but that when the money lent by M^r Minshull
should be repaid to Him, the Instruments of Sale and all other deeds or
securities should be rescinded and made void and ineffectual in what
proper manner S^r Richard Steele should require either before or after
the time limited in the said instruments."
[158] Reason was landlord of the house in York Buildings where Steele
had his _Censorium_, and he brought an action for debt against Steele
in 1718.
[159] Chancery Proceedings, Sewell, 1714-58, No. 300.
[160] Page lxvii.
[161] Page lvii.
[162] On the 17th June, 1723, an indenture was mode between Steele and
Woolley, reciting that there then remained due to Woolley £900, the
residue of a greater sum for which one-fifth part of the profits of the
theatre was mortgaged by Steele to Minshull, by whom it was assigned to
Charles Gery, and by him to Woolley (page 430). This original mortgaged
deed for £1200 Woolley delivered to Steele, upon payment of £300 on
delivery, and the assignment to Woolley, his executors, &c., of the
fifth part of the stock, for the better security of the payment of the
remaining £900; and on the 17th July Steele signed a note upon Richard
Castleman and every other treasurer of the Company of Comedians at
Drury Lane, requiring each of them yearly on the 23rd January to pay
to Woolley or his order £200 out of the profits coming due to Steele,
until the £900 with interest at five per cent., should be fully paid.
[163] Page lvii.
[164] Chancery Affidavits (Registers), Mich. 1725, Nos. 101, 102.
[165] Chancery Affidavits (Registers), Hilary 1725[-6], No. 204.
[166] Chancery Decrees, 1725B, 203.
[167] Chancery Proceedings, Reynardson, 1714-58, No. 2416; Chancery
Decrees, 1727B, 224.
[168] Chancery Decrees, 1725B, 425; 1726B, 464, 2, 115.
[169] Chancery Proceedings, Sewell, A., 1714-58, No. 66.
[170] Chancery Decrees, 1726B, 105; Chancery Proceedings, Reynardson,
1714-58, No. 2416.
[171] Chancery Decrees, 1726B, 461; 1727B, 8, 133.
[172] Chancery Decrees, 1727B, 224; _St. James's Evening Post_,
February 17-20, 1728; _The Weekly Journal_ (Read's), and _The Country
Journal; or, The Craftsman_, February 24, 1728. Cibber, with his usual
inaccuracy, speaks of the case coming to a hearing in 1726, though, as
Genest remarks, he mentions a theatrical coronation which, of course,
was prompted by the coronation of George II. in 1727.
[173] Masters' Reports, Easter, 1728; Steele, &c., _v._ Wilks, &c.
[174] Chancery Decrees, 1727B, 425.
THE END.
End of Project Gutenberg's Richard Steele's Plays, by Richard Steele