SCENE III.--INDIANA'S _House.

_Enter_ ISABELLA.

_Isab._ What anxiety do I feel for this poor creature! What will be the end of her? Such a languishing unreserved passion for a man that at last must certainly leave or ruin her! and perhaps both! Then the aggravation of the distress is, that she does not believe he will--not but, I must own, if they are both what they would seem, they are made for one another, as much as Adam and Eve were, for there is no other of their kind but themselves.

_Enter_ BOY.

So, Daniel! what news with you?

_Boy._ Madam, there's a gentleman below would speak with my lady.

_Isab._ Sirrah! don't you know Mr. Bevil yet?

_Boy._ Madam, 'tis not the gentleman who comes every day, and asks for you, and won't go in till he knows whether you are with her or no.

_Isab._ Ha! that's a particular I did not know before. Well! be it who it will, let him come up to me.

[_Exit_ BOY; _and re-enters with_ MR. SEALAND; ISABELLA _looks amazed._

_Mr. Seal._ Madam, I can't blame your being a little surprised to see a perfect stranger make a visit, and----

_Isab._ I am indeed surprised!--I see he does not know me. [_Aside._

_Mr. Seal._ You are very prettily lodged here, madam; in troth you seem to have everything in plenty--A thousand a year, I warrant you, upon this pretty nest of rooms, and the dainty one within them. [_Aside, and looking about._

_Isab._ [_Apart._] Twenty years, it seems, have less effect in the alteration of a man of thirty than of a girl of fourteen--he's almost still the same; but alas! I find, by other men, as well as himself, I am not what I was. As soon as he spoke, I was convinced 'twas he; how shall I contain my surprise and satisfaction! He must not know me yet.

_Mr. Seal._ Madam, I hope I don't give you any disturbance; but there is a young lady here with whom I have a particular business to discourse, and I hope she will admit me to that favour.

_Isab._ Why, sir, have you had any notice concerning her? I wonder who could give it you.

_Mr. Seal._ That, madam, is fit only to be communicated to herself.

_Isab._ Well, sir! you shall see her.--[_Aside._] I find he knows nothing yet, nor shall from me. I am resolved I will observe this interlude, this sport of nature and of fortune.--You shall see her presently, sir; for now I am as a mother, and will trust her with you. [_Exit._

_Mr. Seal._ As a mother! right; that's the old phrase for one of those commode ladies, who lend out beauty for hire to young gentlemen that have pressing occasions. But here comes the precious lady herself. In troth a very sightly woman----

_Enter_ INDIANA.

_Ind._ I am told, sir, you have some affair that requires your speaking with me.

_Mr. Seal._ Yes, madam, there came to my hands a bill drawn by Mr. Bevil, which is payable to-morrow; and he, in the intercourse of business, sent it to me, who have cash of his, and desired me to send a servant with it; but I have made bold to bring you the money myself.

_Ind._ Sir! was that necessary?

_Mr. Seal._ No, madam; but to be free with you, the fame of your beauty, and the regard which Mr. Bevil is a little too well known to have for you, excited my curiosity.

_Ind._ Too well known to have for me! Your sober appearance, sir, which my friend described, made me expect no rudeness, or absurdity, at least----Who's there?--Sir, if you pay the money to a servant, 'twill be as well.

_Mr. Seal._ Pray, madam, be not offended; I came hither on an innocent, nay, a virtuous design; and, if you will have patience to hear me, it may be as useful to you, as you are in a friendship with Mr. Bevil, as to my only daughter, whom I was this day disposing of.

_Ind._ You make me hope, sir, I have mistaken you. I am composed again; be free, say on--[_Aside._]--what I am afraid to hear.

_Mr. Seal._ I feared, indeed, an unwarranted passion here, but I did not think it was in abuse of so worthy an object, so accomplished a lady as your sense and mien bespeak; but the youth of our age care not what merit and virtue they bring to shame, so they gratify----

_Ind._ Sir, you are going into very great errors; but as you are pleased to say you see something in me that has changed at least the colour of your suspicions, so has your appearance altered mine, and made me earnestly attentive to what has any way concerned you to inquire into my affairs and character.

_Mr. Seal._ How sensibly, with what an air she talks!

_Ind._ Good sir, be seated, and tell me tenderly; keep all your suspicions concerning me alive, that you may in a proper and prepared way acquaint me why the care of your daughter obliges a person of your seeming worth and fortune to be thus inquisitive about a wretched, helpless, friendless----[_Weeping._] But I beg your pardon; though I am an orphan, your child is not; and your concern for her, it seems, has brought you hither.--I'll be composed; pray go on, sir.

_Mr. Seal._ How could Mr. Bevil be such a monster, to injure such a woman?

_Ind._ No, sir, you wrong him; he has not injured me. My support is from his bounty.

_Mr. Seal._ Bounty! when gluttons give high prices for delicates, they are prodigious bountiful.

_Ind._ Still, still you will persist in that error. But my own fears tell me all. You are the gentleman, I suppose, for whose happy daughter he is designed a husband by his good father, and he has, perhaps, consented to the overture. He was here this morning, dressed beyond his usual plainness--nay, most sumptuously--and he is to be, perhaps, this night a bridegroom.

_Mr. Seal._ I own he was intended such; but, madam, on your account, I have determined to defer my daughter's marriage till I am satisfied from your own mouth of what nature are the obligations you are under to him.

_Ind._ His actions, sir; his eyes have only made me think he designed to make me the partner of his heart. The goodness and gentleness of his demeanour made me misinterpret all. 'Twas my own hope, my own passion, that deluded me; he never made one amorous advance to me. His large heart, and bestowing hand, have only helped the miserable; nor know I why, but from his mere delight in virtue, that I have been his care and the object on which to indulge and please himself with pouring favours.

_Mr. Seal._ Madam, I know not why it is, but I, as well as you, am methinks afraid of entering into the matter I came about; but 'tis the same thing as if we had talked never so distinctly----he ne'er shall have a daughter of mine.

_Ind._ If you say this from what you think of me, you wrong yourself and him. Let not me, miserable though I may be, do injury to my benefactor. No, sir, my treatment ought rather to reconcile you to his virtues. If to bestow without a prospect of return; if to delight in supporting what might, perhaps, be thought an object of desire, with no other view than to be her guard against those who would not be so disinterested; if these actions, sir, can in a careful parent's eye commend him to a daughter, give yours, sir, give her to my honest, generous Bevil. What have I to do but sigh, and weep, and rave, run wild, a lunatic in chains, or, hid in darkness, mutter in distracted starts and broken accents my strange, strange story!

_Mr. Seal._ Take comfort, madam.

_Ind._ All my comfort must be to expostulate in madness, to relieve with frenzy my despair, and shrieking to demand of fate why--why was I born to such variety of sorrows.

_Mr. Seal._ If I have been the least occasion----

_Ind._ No, 'twas Heaven's high will I should be such; to be plundered in my cradle! tossed on the seas! and even there an infant captive! to lose my mother, hear but of my father! to be adopted! lose my adopter! then plunged again into worse calamities!

_Mr. Seal._ An infant captive!

_Ind._ Yet then, to find the most charming of mankind, once more to set me free from what I thought the last distress, to load me with his services, his bounties, and his favours; to support my very life in a way that stole, at the same time, my very soul itself from me.

_Mr. Seal._ And has young Bevil been this worthy man?

_Ind._ Yet then, again, this very man to take another! without leaving me the right, the pretence of easing my fond heart with tears! For, oh! I can't reproach him, though the same hand that raised me to this height now throws me down the precipice.

_Mr. Seal._ Dear lady! Oh, yet one moment's patience: my heart grows full with your affliction.--But yet there's something in your story that----

_Ind._ My portion here is bitterness and sorrow.

_Mr. Seal._ Do not think so. Pray answer me: does Bevil know your name and family?

_Ind._ Alas! too well! Oh, could I be any other thing than what I am----I'll tear away all traces of my former self, my little ornaments, the remains of my first state, the hints of what I ought to have been----

[_In her disorder she throws away a bracelet, which_ SEALAND _takes up, and looks earnestly on it._

_Mr. Seal._ Ha! what's this? My eyes are not deceived! It is, it is the same! the very bracelet which I bequeathed to my wife at our last mournful parting.

_Ind._ What said you, sir? Your wife? Whither does my fancy carry me? What means this unfelt motion at my heart? And yet, again my fortune but deludes me; for if I err not, sir, your name is Sealand; but my lost father's name was----

_Mr. Seal._ Danvers; was it not?

_Ind._ What new amazement? That is, indeed, my family.

_Mr. Seal._ Know, then, when my misfortunes drove me to the Indies, for reasons too tedious now to mention, I changed my name of Danvers into Sealand.

_Enter_ ISABELLA.

_Isab._ If yet there wants an explanation of your wonder, examine well this face (yours, sir, I well remember), gaze on and read in me your sister, Isabella.

_Mr. Seal._ My sister!

_Isab._ But here's a claim more tender yet----your Indiana, sir, your long-lost daughter.

_Mr. Seal._ Oh, my child! my child!

_Ind._ All gracious Heaven! is it possible! do I embrace my father?

_Mr. Seal._ And I do hold thee.--These passions are too strong for utterance. Rise, rise, my child, and give my tears their way.--Oh, my sister! [_Embracing her._

_Isab._ Now, dearest niece, my groundless fears, my painful cares no more shall vex thee. If I have wronged thy noble lover with too much suspicion, my just concern for thee, I hope, will plead my pardon.

_Mr. Seal._ Oh! make him, then, the full amends, and be yourself the messenger of joy. Fly this instant! tell him all these wondrous turns of Providence in his favour! Tell him I have now a daughter to bestow which he no longer will decline; that this day he still shall be a bridegroom; nor shall a fortune, the merit which his father seeks, be wanting. Tell him the reward of all his virtues waits on his acceptance. [_Exit_ ISAB.] My dearest Indiana! [_Turns and embraces her._

_Ind._ Have I, then, at last, a father's sanction on my love? His bounteous hand to give, and make my heart a present worthy of Bevil's generosity?

_Mr. Seal._ Oh, my child! how are our sorrows past o'erpaid by such a meeting! Though I have lost so many years of soft paternal dalliance with thee, yet, in one day to find thee thus, and thus bestow thee, in such perfect happiness, is ample, ample reparation!--And yet, again, the merit of thy lover----

_Ind._ Oh! had I spirits left to tell you of his actions! how strongly filial duty has suppressed his love; and how concealment still has doubled all his obligations; the pride, the joy of his alliance, sir, would warm your heart, as he has conquered mine.

_Mr. Seal._ How laudable is love when born of virtue! I burn to embrace him----

_Ind._ See, sir, my aunt already has succeeded, and brought him to your wishes.

_Enter_ ISABELLA, _with_ SIR JOHN BEVIL, BEVIL, JUN., MRS. SEALAND, CIMBERTON, MYRTLE, _and_ LUCINDA.

_Sir J. Bev._ [_Entering._] Where, where's this scene of wonder? Mr. Sealand, I congratulate, on this occasion, our mutual happiness----Your good sister, sir, has, with the story of your daughter's fortune, filled us with surprise and joy. Now all exceptions are removed; my son has now avowed his love, and turned all former jealousies and doubts to approbation; and, I am told, your goodness has consented to reward him.

_Mr. Seal._ If, sir, a fortune equal to his father's hopes can make this object worthy his acceptance.

_Bev. Jun._ I hear your mention, sir, of fortune, with pleasure only as it may prove the means to reconcile the best of fathers to my love. Let him be provident, but let me be happy.--My ever-destined, my acknowledged wife! [_Embracing_ INDIANA.

_Ind._ Wife! Oh, my ever loved! My lord! my master!

_Sir J. Bev._ I congratulate myself, as well as you, that I had a son who could, under such disadvantages, discover your great merit.

_Mr. Seal._ Oh, Sir John! how vain, how weak is human prudence! What care, what foresight, what imagination could contrive such blest events, to make our children happy, as Providence in one short hour has laid before us?

_Cimb._ [_To_ MRS. SEALAND.] I am afraid, madam, Mr. Sealand is a little too busy for our affair. If you please, we'll take another opportunity.

_Mrs. Seal._ Let us have patience, sir.

_Cimb._ But we make Sir Geoffry wait, madam.

_Myrt._ O, sir, I am not in haste.

[_During this,_ BEV., JUN., _presents_ LUCINDA _to_ INDIANA.

_Mr. Seal._ But here! here's our general benefactor! Excellent young man, that could be at once a lover to her beauty and a parent to her virtue.

_Bev. Jun._ If you think that an obligation, sir, give me leave to overpay myself, in the only instance that can now add to my felicity, by begging you to bestow this lady on Mr. Myrtle.

_Mr. Seal._ She is his without reserve; I beg he may be sent for. Mr. Cimberton, notwithstanding you never had my consent, yet there is, since I last saw you, another objection to your marriage with my daughter.

_Cimb._ I hope, sir, your lady has concealed nothing from me?

_Mr. Seal._ Troth, sir, nothing but what was concealed from myself--another daughter, who has an undoubted title to half my estate.

_Cimb._ How, Mr. Sealand? Why, then, if half Mrs. Lucinda's fortune is gone, you can't say that any of my estate is settled upon her. I was in treaty for the whole; but if that is not to be come at, to be sure there can be no bargain. Sir, I have nothing to do but take my leave of your good lady, my cousin, and beg pardon for the trouble I have given this old gentleman.

_Myrt._ That you have, Mr. Cimberton, with all my heart. [_Discovers himself._

_All._ Mr. Myrtle!

_Myrt._ And I beg pardon of the whole company that I assumed the person of Sir Geoffry, only to be present at the danger of this lady being disposed of, and in her utmost exigence to assert my right to her; which, if her parents will ratify, as they once favoured my pretensions, no abatement of fortune shall lessen her value to me.

_Luc._ Generous man!

_Mr. Seal._ If, sir, you can overlook the injury of being in treaty with one who has meanly left her, as you have generously asserted your right in her, she is yours.

_Luc._ Mr. Myrtle, though you have ever had my heart, yet now I find I love you more, because I bring you less.

_Myrt._ We have much more than we want; and I am glad any event has contributed to the discovery of our real inclinations to each other.

_Mrs. Seal._ Well! however, I'm glad the girl's disposed of, anyway. [_Aside._

_Bev._ Myrtle, no longer rivals now, but brothers!

_Myrt._ Dear Bevil, you are born to triumph over me! but now our competition ceases; I rejoice in the pre-eminence of your virtue, and your alliance adds charms to Lucinda.

_Sir J. Bev._ Now, ladies and gentlemen, you have set the world a fair example: your happiness is owing to your constancy and merit; and the several difficulties you have struggled with evidently show--

Whate'er the generous mind itself denies, The secret care of Providence supplies. [_Exeunt._

EPILOGUE.

By MR. WELSTED.

_Intended to be spoken by_ INDIANA.

Our author, whom entreaties cannot move, Spite of the dear coquetry that you love, Swears he'll not frustrate (so he plainly means) By a loose Epilogue, his decent scenes. Is it not, sirs, hard fate I meet to-day, To keep me rigid still beyond the play? And yet I'm saved a world of pains that way. I now can look, I now can move at ease, Nor need I torture these poor limbs to please; Nor with the hand or foot attempt surprise, Nor wrest my features, nor fatigue my eyes: Bless me! what freakish gambols have I played! What motions tried, and wanton looks betrayed! Out of pure kindness all! to over-rule The threatened hiss, and screen some scribbling fool. With more respect I'm entertained to-night: Our author thinks I can with ease delight. My artless looks while modest graces arm, He says, I need but to appear, and charm. A wife so formed, by these examples bred, Pours joy and gladness round the marriage bed; Soft source of comfort, kind relief from care, And 'tis her least perfection to be fair. The nymph with Indiana's worth who vies, A nation will behold with Bevil's eyes.

_THE SCHOOL OF ACTION._

(A FRAGMENT).

_The School of Action_ was the play which Steele was endeavouring to finish in 1723-5. The fragment which we have would have required a great deal of revising before it could have been put upon the stage. The MS., from which the piece was printed by Nichols, is in the British Museum (Add. MS., 5145c). It is not in Steele's writing, and the first few leaves are now wanting. I have restored the original reading in several instances in which Nichols made unnecessary alterations. There are several memoranda on the subject among the Blenheim MSS. Here is one of them:--

"Minutes for the play itself.--First Act. The beginning as I have it at Home in y^e Scheme between Brainwell and Lightfoot; after y^t y^e calling over y^e House w^{th} the actors, and y^e severall purposes y^t y^e Playhouse might be usefull for signified.--Act 2^{d.} The Country family wait as in an Inn at the playhouse; all that can be done by the playhouse to terrifie y^e Attorney and his Wife, and all that can delight y^e young Lady by Theatricall Powers is exposed and explained. A Critick upon various Actions.--Act 3^{d.} The Electra of Sophocles, where Mrs. Porter is to be the Queen, and y^e Tragedy of Sophocles to be made y^e Moddle is thoroughly set forth in a way attempted to be truly sublime.--Act 4^{th.} The Country Family, knowing of the Murder done there, resolved to bear Witness of it and prosecute it according to Law." And again, "Let Booth be Orestes, with all the prepossession and love of His Mother with the necessity upon Him of killing Her, and resolving upon it all of a sudden from passion to passion in an Hurry,--yet commanding all his Resentments to execute His design.--His regard for His sister and her urging Him." The following are other rough notes:--"Jenky to be instructed to be a ghost and torment His Brother--not to be y^t of Hamlet. Johnson to be the false Brother--Mrs. Willis, His Wife, urging to give up.--They miss the young lady for 2^{d.} Act--but don't value so y^t Her fortune is safe in His hands.... Let Pinsars ramble from place to place, and getting clear of the Play House--where he meets Evill Constable (?) and His Mirmidons.--Then Buntho's Ghost and all the other incidents possible--appears still in y^e House, and gives up to Severn, &c." And again:--"Introduce a Woman, Drunk, to be acted by Cibber, to talk at beginning Lewdly in a Mask, y^e rest in Whisper. Let Pinsars be assisted by an Army of y^e Playhouse to fight his way out; he and his man Ralph and his Wife Striking all in earnest, assisted by the Constable.... Let Him Threaten to demolish the Whore of Babylon--Speak of the Dragon and all the Cant of the Presbyterian Zeal against Plays, &c., but fight.... For the Prologue take notice of this play as a _Posthumous Work_ according to Dr. Partridge's freinds. Spider and Dotterell's Quality: Beasts made before men--Therefore the Dotterells must give way, for they were made before Spiders were in being, and not made before they were men."

The following notes evidently refer to another piece:--"To take the play y^t Lyes in loose parts in my Scrutoire and lay it together for the Stage: To ridicule y^e whole Mechanick of Dr. Faustus, &c., and all things of that kind for y^e Theatre--make persons to play tricks, break necks, and the like.... There is no true nobility but in the practise of Vertue and right reason, where there is nothing can be little.... Make him go to his certain Ruin for want of knowledge in a Circumstance he might know if he had looked into a letter w^{ch} contains a secret Contrived against him, but he cannot pry into because it comes into his Hands unwarrantably: make this y^e great Incident of his distress.... To ridicule our Slavery to Italian Musick, to have an ode of Anacreon set in Greek performed. To observe upon y^e absurdity of making distresses and mirth for y^e Vulgar out of y^e Accidents y^t befall the body, as in the play of _The Chances_: The old Woman in her Colick pains toothless and defective through age is exposed as a Jest."

_DRAMATIS PERSONÆ._

Mr. SEVERN, a barrister, lover of Miss DOLLY.

Mr. HUMBER, his friend.

Mr. PINCERS, an old wealthy country Attorney, guardian to DOLLY.

RALPH, his Man.

Mr. DOTTERELL, Mr. SPIDER, Comedians.

Mr. GWILLYN, BUSKIN, TRAGEDIAN, GENERAL, Candidates for the Stage.

Mrs. PINCERS.

Miss DOLLY, Ward to PINCERS.

Mrs. UMBRAGE, an Actress.

Mrs. FENNELL.

Her DAUGHTER, a Candidate for the Stage.

Barber, Constable, Waiter, Servants, Rabble, &c.

_THE SCHOOL OF ACTION._

ACT THE FIRST.

_Enter_ MR. SEVERN _and_ MR. HUMBER.

_Sev._ The world is much more easily imposed upon, than you studious and modest men imagine.

_Hum._ Dear Severn, if such superficial qualifications as you talk of will accomplish gentlemen and ladies, I own to you, hard has been our fate, in having suffered pains and penalties (fit only for malefactors) in great schools, and been immured in college the best years of life, to acquire learning and attain to sciences that are all useless when we come into the world.

_Sev._ Pardon me, dear Humber, I did not say useless; I only argue that you had better, to make your fortune, have ordinary qualifications, such as a good mien, common understanding, and an easy address, than great faculties and talents under the oppression of bashfulness, rusticity, or----

_Hum._ Or knowledge.

_Sev._ It shall be or knowledge if you please--if you mean knowledge kept to a man's self, or in a man's keeping, that is afraid or ashamed to exert it.

_Hum._ Well, be it as you propose; go on.

_Sev._ I say, then, your taste for books and fine writing, your judgment in the faculties of the soul, my town education, and skill in the airs, motions, graces, and abilities of the body, will enable us to carry on this our design of supporting a new playhouse, and keeping a School of Action.

_Hum._ Well, if we break--I can go down again to my fellowship at Oxford, and laugh and be laughed at among a parcel of worthy and ingenious men, whom I will entertain with my adventures; and I think the undertaking cannot but introduce at least matter of humour and mirth: if it does not advance our fortunes, it will heighten our conversation.--But to your School of Action.

_Sev._ As all that reside in inns of court and universities, though they do not enter into any of the learned professions, are yet better accomplished for any other ways of life by having the same education with those who go into them; so will all who come to our School of Action be better qualified in their own characters, by being instructed among players, who are taught to become any part which shall be imposed upon them.

_Hum._ Thou art a rare sanguine fellow to think this will do. But I have observed confidence in a man's self that he shall perform a thing, helps him forward better than any other quality about him--Well, hang it, in order to make this experiment, I will be as enterprising and confident as you.

_Sev._ Let me, then, observe one thing, for fear of your relapsing into your academic shyness; that you must beware of standing as if you were a thinking statue, a case for a spirit to reflect in, and not a mind and body acting together. You improve the soul only in your colleges--you neglect the body.

_Hum._ Thou art in the right: I have studied eloquence till I am dumb.

_Sev._ I am glad you see your want and infirmity. If you will speak, I know you will talk well. I know when you are unreservedly familiar you talk very well, as you did t'other night concerning the principles of motion and rest. Suppose, as you are resolved to talk, you would resolve also to move, and practise a little local motion. Give me leave to show you how you perform it. Go to the other side of the stage. [_He walks thither._] Thus you walked--thus your shoulders--thus your legs--thus your breast--thus your hips.--Pray adventure back again--thus--

_Hum._ Pish! I am a little hurt, and grow peevish with this mimicry; though I believe you are right enough.

_Sev._ Well, I only show you: it is not necessary you should, as to the present purpose, be jaunty; you are to mind more important matters. You are censor, observe, upon the sense and spirit of what is said; leave the manner of doing it to me, the prompter.

_Hum._ But, as you are picking up people from all quarters, are the old gentleman and his lady, the young girl, and the maid and man, who came hither last night, all to be players? and why are they accommodated here in the tiring-room, as if it were an ordinary lodging?

_Sev._ You shall know all in due time and order. Ho!--Harry!--Who waits there? [_Enters a_ SERVANT.] Is the whole house come?

_Serv._ They are all here, sir, except the thunderer and the candle-snuffer; they say it is a mistake, and that they are never required to come to rehearsal.

_Sev._ Tell them they shall forfeit; the thunderer shall pay two groats; they--they shall be fined a day's pay. [_Exit_ SERVANT.]--My dear friend, while the company is assembling in the several apartments, I will explain further: You are to know that old master Pincers is a rich northern attorney, who understands the law much better as it is the business of it to punish offenders, than as it is to protect the innocent. The young girl is a ward left under his care, and has a very considerable estate in that country. He has brought her up to town to settle her.

_Hum._ In the playhouse?

_Sev._ Pray, hear. In the playhouse? no. Of all things in nature, stage-plays (as he calls them) are his aversion. But they are no less Miss Dolly's delight. As I had my education, that is to say, ate and drank, conversed and lay some years every night at Gray's Inn, I made a notable pleader before our bench of justices in Cumberland, and grew very intimate with Mr. Pincers. He took such a fancy to my promising parts--for, you must know, I pretended to be a rogue to gain his good-will--that, with a hint of five hundred pounds reward for my share in the transaction, he communicated to me a design of disposing of this young lady by way of sale.

_Hum._ Good--and thought you a proper broker to find out a husband, or rather a purchaser.

_Sev._ Right. "Mr. Severn," said he, "you know there is nothing more common than to observe that orphans are a prey, by reason of their great wealth, and marry unhappily."

_Hum._ And therefore----

_Sev._ And therefore he would have a receipt for _all_ her fortune, for delivering _half_ of it to the man who should marry her--"which," said he, "shall be no fraud to the gentleman; for he shall settle only an equivalent for ten thousand pounds, which is the moiety. By this means," continued my conscientious friend, "I shall observe how he behaves to this poor girl; and can, if he deserves it, leave the other moiety to them by my will."

_Hum._ And what did you say to this hopeful project?

_Sev._ I fell in with it, and promised to find him a right young fellow for his purpose.

_Hum._ Did you so, sir? [_As going._]

_Sev._ Now you grow a mere scholar again.

_Hum._ An honest gentleman is a mere scholar where a sharper is a wit--I will leave your accursed town to-night.

_Sev._ I will convince you that there is nothing mean or dishonourable on my part; but a lucky incident I should be stupid not to take hold of.

_Hum._ Say it; but your prologue is so long, you seem to know that the plot of your play is not easily to be defended.

_Sev._ You cannot say that till you know it. I agreed with him to find a young gentleman suitable to her, who shall bring as good an estate as she shall, and settle all upon her and the children of the marriage.

_Hum._ Well--who is the gentleman whom you have thought of to do this? On whom will you bestow the poor innocent girl who has never injured you?

_Sev._ Why, I have been thinking that over and over; and it is so hard to look into another's breast, that one may, after all appearances, be mistaken; and, therefore, I have resolved upon the only man who I was sure was honest--even my own proper self.

_Hum._ You are most conscientiously impartial and disinterested.

_Sev._ I think myself conscientious, though neither impartial nor disinterested. I consider that he would certainly sell her elsewhere on his own terms, without regard to her happiness. In my hands she will have her estate her own, with the incumbrance only of a man who loves her, and whom I believe she loves, and who may increase that estate for her. Consider, he would do what he designed, whether I would or not.

_Hum._ I consider you will do what you design, whether I will or not. Nay, further, I cannot but own the circumstances much alleviate the guilt on your part. Nay, if you fairly get the girl's good-will, I will allow your attempt not only excusable, but praiseworthy.

_Sev._ There spoke my good genius.--In the country, as much as he trusted me in the secret of cheating her, he never let me see her alone, or without witnesses; his wife, the maid, or man, or all of them, were constantly present. But, as she is a great lover and reader of plays, and of a great deal of wit and humour, we could speak one language and look another, above their knowledge or observation. I sent for him to town in order to marry her, insisting on my five hundred pounds; for he would not trust me, did he not know my price. I have lodged all here, whence they shall never go out till dear miss implores it of me, or has justice done her by me or somebody to her liking.

_Hum._ There you justify all the art you can use for yourself. And may you win and wear her, since you plot her redemption though yourself should not succeed!

_Sev._ Well, we have done talking; let us to action. My business is to review my forces, and not neglect my main plot, but consider my playhouse and my mistress at the same time; and, while I am preparing the one, make love to the other.--Here, Jack, call all the actors--let the whole house march.--Tragedy drums and trumpets, fifes, kettledrums and clarions shall wake my country lodgers, fright my old parchment, and charm my little northern pilgrim--my dear refugee--I will understand her no other. Beat, sound, and play. Make all people be in their posts round the stage, and answer in all parts to the stage.--All shall be done that can be to make her pass her time pleasantly. She shall always expect to see me, but not see me till I have abundant convincing proofs that I am in her favour. Thus if I can save her, and save her for myself, it will be an exquisite happiness; if not, to save her from this rascal is but my duty. Oh! I should have told you that when Miss Dolly came in, I conveyed a letter into her pocket, intimating where she was, that she may be surprised at nothing; for I love the dear thing so tenderly that I could not give her the shortest uneasiness, to purchase the most lasting good or pleasure to myself. [_Here begins the march._] Hist!

_Pin._ [_Within._] Ho! chamberlain, bring me my boots--where is the chamberlain?--What is the noise?----

_Ralph_ [_Within._] The drums.

_Pin._ What is the matter?

_Ralph._ The train-bands, belike, master.

_Pin._ Ho! chamberlain!

_Hum._ While the rest of the country family are thus deceived, Dolly is let into the whole matter, and won't be surprised at anything. If she humours the deceit it is a good symptom on your side.--This must be a fruitful circumstance of mirth.

_Sev._ Nymphs, shepherds, ghosts, angels, and demons, shall tease the old rascal; and all the while Miss Dolly see and hear nothing but according to the notice I have given her.

_Hum._ While you are thus busied about your people, and managing your design, which I have not much taste for (I want that mercury about me), I will go about the house and view the accommodations--they say it is the most convenient one in the world.

_Sev._ Sir, take your humour; I will pursue mine, and call you when the circumstance is above my reach. [_Exit_ HUMBER.] Well, march by; let the kings take place of all the people, next them bishops, then judges--no, we had as good not to discompose their dresses. [_Among the march of the actors he observes_ WILL DOTTERELL.] Ho! Mr. Dotterell, Mr. Dotterell.

_Dot._ Sir! Your most humble servant, good Mr. Severn. What, have you a part for me in your new play? It was you that first thought of making an actor of me, and I have gained some reputation; and, harkee, you have made a deal of me, I can tell you.

_Sev._ Ay, ay, I know thou art a town favourite--thy name is not spoken of but it raises mirth. Let us see, what parts have you acted? You have acted all manner of things as well as persons. You began, I think, a flower-pot, in _Dioclesian_[135]; then you have performed another ingenious part, been a chair, I think, at another opera; you have represented all the appetites--as I take it, you do hunger best, you are a fine fellow at a cold chicken--Then you have been all sorts of trades, but you shine most in the tailor in _Epsom Wells_[136], you beat your wife most successfully.

_Dot._ It was thought I laid her on as well as another, for you may remember she was a bitter one, and she provoked me some six or seven drubs beyond what the poet writ for her.

_Sev._ Well, look you, Will, I design greater things for you than any poet of them all; why, you shall act a ghost in the ensuing play.

_Dot._ A ghost of me! No, it can never be.

_Sev._ Yes, yes, you oaf, you shall be a country ghost. You shall come to the country gentleman who lay here last night in the figure of his deceased brother, a fat justice of the peace, who left all his money in his hands--and he cheats him. Why, I don't know but you may be the luckiest ghost that ever appeared. Who knows but the old rascal may repent and pay you? If he does I'm sure you'll take it.

_Dot._ Nay, nay, there's no doubt of that. What has the poor money done? I will take it, as you say.

_Sev._ Look you there: when you have done this part you are a most accomplished player, you have gone through all the degrees of action. You came out of the parsley-bed, as they say to the children; you have been everything----

_Dot._ A ghost! I shall never be sober enough. What if it be a country ghost--yet every man is serious after his death. I shall certainly laugh, and discover all.

_Sev._ Well, bid him they call Dicky come to me.

_Dot._ Dicky, Dicky, come to me; come, Dicky, come to Mr. Severn. I am not a ghost yet; you need not be afraid.

_Enter_ SPIDER.

_Sev._ Mr. Spider, I have a part for you; but I am afraid you have too good an air, too much dignity in your person, to do it well.

_Spi._ Oh, I warrant you they never put me to act anything in tragedy, though my genius and temper is altogether for great and sublime things.

_Sev._ No doubt on't, Mr. Spider, but you must be content at present to do me a courtesy, and still keep in comedy; for you are to be a tapster.

_Spi._ What! when Mr. Dotterell (as I apprehend) is to be a ghost, am I to be but a tapster?

_Sev._ Why, you are to be a tapster to the inn in which he is to be a ghost, so that he's in a manner in your keeping. All the ghosts in inns are kept there by the tapster or chamberlain; now you are to be both in this inn that I imagine.

_Spi._ Oh! oh! I begin to conceive you. I am to be a live tapster, and Mr. Dotterell is to be the ghost of a dead man that died in the inn and left a power of money behind, and so haunts the house because his own cousin had not--I understand it very well--Look you, Mr. Dotterell, it was I and my master contrived to kill this gentleman for the great bag of money he brought into our house. Come, come, we'll go in and consider how to act these parts, without giving Mr. Severn any more trouble about it.

_Sev._ But there is another thing that, I fear, will go much against you; and that is, you are to be excessively saucy.

_Spi._ No, I shall make no scruple of that if he proves an unmannerly guest, I'll warrant you.--But, Mr. Dotterell, let us go and lay our heads together.

_Sev._ Now, gentlemen, you are going out in your own persons, and no man living can tell which of you should take place. Certainly, Mr. Spider, you are somebody or other; and, Mr. Dotterell, so are you. Now I would fain know which of you is to take place.

_Spi._ Pray, good Mr. Dotterell.

_Dot._ Nay, nay, Mr. Spider, I'll never be outdone in civility; you must pardon me, indeed, sir.

_Spi._ Nay, sir.

_Dot._ Nay, sir.

_Spi._ Nay, sir.

_Dot._ Nay, nay, nay, sir, if you go to that. [_Turns aside._

_Spi._ Nay, but, good sir--excuse me, sir. [_Turning another way._

_Dot._ Oh, Mr. Spider, your servant for that, sir. [_Takes him up in his arms._

_Spi._ Sir, you conquer me beyond expression; sir, you run away with me.

_Dot._ Indeed, sir, I must say you are a very easy gentleman; you are carried away with the least civility, look you, sir; for----[_Carrying him backwards and forwards._

_Spi._ Plague on't, what a misfortune it is to be a little fellow! Though I have a soul as great as Hercules, this fellow can deal with me.

_Dot._ Oh, my dear little Dicky Spider! [_Exit, kicking him in his arms._

_Sev._ [_Solus_]. Here's a great piece of difficulty adjusted; but I observe very few difficulties of ceremony of much greater moment than this, and wish they were all to be so ended. Well, now have I the hardest task in all my affair to pursue: To persuade a woman who is young, pleasant, and agreeable, to act a part for me to another; to make love for me, instead of receiving love made to her; and there is no way of obtaining of 'em but by making love to them. They are used to no other language, and understand no other.--Ho! who waits there?

_Enter_ WAITER.

_Waiter._ Sir; do you call, sir?

_Sev._ Pray, sir, call Mrs. Umbrage hither. If she be in the green-room, tell her I beg to speak with her--I must form myself into all the good humour I can to entertain her, or I shall never get her to come into it.

_Enter_ MRS. UMBRAGE.

Oh, here she comes.--Well, madam, I have cast parts for you, and named you to many, but never so very nice a one as I am to desire of you to undertake at present. To overlook yourself and deliver the application made to another which had been more rightly directed to yourself, is a greatness of mind--is a candour, to be found only in Mrs. Umbrage.

_Umb._ Well, Mr. Severn, you have waved your cap sufficiently; you have done homage and made your acknowledgments; pray proceed to the matter.

_Sev._ The northern young lady you have often heard me talk of, is in town, and lay in this house last night.

_Umb._ That has been the conversation of the green-room.--But what do you design in all this you are going to let me into?

_Sev._ I would be well with that young lady. Nay, I think I am so.

_Umb._ A man may often be mistaken in those points, as knowing as you are.

_Sev._ I grant it, madam; I have a mind to know it more explicitly, and have the most evident proofs of it; which I will not desire till I have given her sufficient testimony of a disinterested zeal and service for her.

_Umb._ That is, indeed, the noblest and the surest way to approach a sensible spirit, as I have heard you describe hers to be. Pray let me hear what argument you have for thinking she has a disposition towards you; for you know we naturally are too apt to believe what we wish.

_Sev._ A good opinion is in a man's own power to create. I took care to appear in the best manner where she was; to be always in great good humour, and show a wonderful deference to her in all my actions; which I constantly expressed by my eye only, as afraid of notice and observation. She had her eyes as attentive to mine, and she never lost the least expression that I made to her, but turned away her eyes when mine grew too familiar.--But give me leave to tell you one particular occasion wherein I plainly think she declared herself to me.

_Umb._ That will be worth hearing indeed; I shall be glad to hear the language of the eyes translated by the tongue. [_Smiling._

_Sev._ You are to know, madam, that there happened one day in the north, a great Quaker's wedding at which she and I were present. They went with the greatest gravity and decorum through the whole circumstance of it. But at night she was invited, so was I, to see the bride and bridegroom put to bed. Several of her maidens attended her; several of their young men him. It is the nature of their superstition to keep their passions bridled, restrained, and formally dissembled. They have none of those flights, palpitations, gambols, and follies, which divert the mind and break it from its main object.

_Umb._ You are going into a fine story; but I must trust your discretion.

_Sev._ Madam, you may. [_Bowing._] To be sure, the bridegroom is laid by his bride; the company stands in the most profound silence, as contemplating the objects before them; he a young man of twenty-five, she a young woman of twenty; he wishing our absence; she fearing it. The eyes of everyone of us spectators naturally searching the object with which they could best be pleased in the same condition, my eyes met Miss Pincers', in which there was such a sweet compliance, such a revel invitation, immediately checked when observed and answered by me, that I have ever since concluded that she had something more than goodwill for me.

_Umb._ Well, if she has it, I shall be far from lessening it; but will, as you seem to desire, accompany her, and improve it.

_Sev._ I form great hopes of success from that declaration; but as the lady is mighty theatrically disposed, I beseech you to show her the pleasure and beauties of the house.

_Umb._ All that is in my power; all that is not I must leave to you.

_Sev._ I will not doubt of success.

To gain a she, a sure she-friend provide; For woman is to woman the best guide.

ACT THE SECOND.

PINCERS _and his_ WIFE _discovered with_ MISS DOLLY, RALPH, _and_ MARGERY.

_Pin._ Fie, Miss Dolly; do you say you heard no manner of noise when I was knocking my heart out?

_Dolly._ None in the least. In the country they talked of the rattling of coaches here in London. I heard nothing of it; I can hardly think I am yet in the City.

_Mrs. Pin._ Why, Miss Dolly, you won't say so, sure! Did you hear no drums nor trumpets?

_Dolly._ Not in the least.

_Mrs. Pin._ O gemini! Then, to be sure, the house is haunted, and the man of the inn has killed some traveller, and hid him behind the hangings, and we are all disturbed for it--'tis so to be sure.

_Ralph._ It is no otherwise. I wonder Counsellor Severn would bring master to such an inn as this is, so I do.

_Pin._ Chamberlain! why, chamberlain!

_Enter_ SPIDER (_as_ Chamberlain).

_Spi._ Do you call, sir?

_Pin._ Do you call, sir? Ay, marry do I, sir. What has been doing in the inn here, or in the streets, with trumpets and kettle-drums?

_Spi._ Trumpets and kettle-drums! Poor gentleman!

_Pin._ Poor gentleman! no, no poor gentleman.--I am afraid this house is no better than it should be.

_Spi._ Has not your worship lain warm? The bed is as good a bed as any in the house. A man of fifteen hundred a-year lay in it, and slept all night. He came to town to be fluxed. He was very much a gentleman, and owned he slept very well; and his bones ached but little in that easy bed.

_Pin._ Rogue! put honest folks, that have been man and wife these twenty years, into a p---- bed together!

_Mrs. Pin._ In a p---- bed, husband! Take the law of him.

_Pin._ Sirrah! has not Counsellor Severn been here this morning? Go, sirrah, bring me some water and a towel; I'll go to the Counsellor's chambers immediately. I'll trounce this house. [_Exit_ SPIDER.

_Dolly._ [_Aside._] I'll look over my letter again. [_Reads._] "Be afraid of nothing; but know, that the disagreeable shapes Mr. Pincers is entertained with are not to appear to you; and when you know this, you may partake of that diversion of tormenting those who attempt only to sell and betray you. What you see are persons and appearances belonging to the several plays which are acted in this house."--Oh me! how pure is all this!

_Re-enter_ SPIDER, _with a_ Barber.

_Spi._ Here is the water and towel, and here is a barber if you want him. [_Exit._

_Pin._ Harkee, Mr. Barber; you look like an honest man, put on your trimming cloths about me. I'll inquire of you what sort of people live in this house--Ha! what's this here?

"To MR. PINCERS, Esq."

[_A letter has come down from the air with this direction._]

"Sir, repent of the ill you are contriving before it be too late. I shall appear to you and your wife only. In hopes of justice, I remain,

"Your dead and buried brother,

"RALPH PINCERS."

_Enter_ SPIDER, _as_ Tapster.

_Spi._ Sir, do you call for nothing this morning? are not you dry, nor your wife neither, ha, old dry-boots?

_Pin._ What does this mean? A letter come directed to me out of the air--and my brother coming! Wife! Margery, do you see that letter? What can it mean? Look you, sauce-box; good man, Tapster, I shall take a course with you, sirrah, I shall.

_Spi._ You are a sneaking country bumpkin, sir.

_Enter_ DOTTERELL, _dressed like a Country Squire._

_Pin._ Bless us! there comes on my brother, in his old boots and grey riding-coat. 'Tis he: I ha'n't the heart to speak to it.

_Dot._ [_Aside._] A country ghost! I shall laugh out. How frightened the dog is! I'll warrant the rogue has a great sum of money of mine. I'll make him give it me.--[_To_ PINCERS.] Repent, and don't cheat your brother, and break your word with a man that is dead and buried.--I shall laugh before the old put has refunded----[_Aside._

_Mrs. Pin._ There is the justice come to fetch us away with him--he's come for Dolly's portion.--You know I was always for giving it all to her since Nancy's death.

_Dot._ Give me my money--give me my money.

_Pin._ Oh! how I tremble! yet dare not speak to him. [_He comes nearer._

_Dot._ Show my last will and testament. Give me my money.

_Pin._ I cannot speak to him, to tell him I'll do everything.

_Dot._ I will haunt thee, and tear thy wife from the fell----

_Mrs. Pin._ He presents the figure of the poor child we had to cheat Dolly with! Oh, husband, he'll have me to punish thy sins! Oh, he has me, now, now, husband! [_They both sink with the_ Barber _at a trap-door._]

_Ralph._ "He presents the figure of the poor child we had to cheat Dolly with!" How shall I get off this ground. [_Going away, fearfully._

_Marg._ Oh, Ralph! can you leave me? [_They meet trembling, as if they found the place open._]

_Ralph._ Let us keep together, and not go underground in a strange place.

_Marg._ Tell me, Ralph, whether there was anything between you and Nan?

_Ralph._ Ask no questions, ask no questions, good Margery. [_Exeunt._

_Dolly._ Whither shall I go, or where will this adventure end? Sure, Mr. Severn will----

[_Four leaves of the MS. are here missing._]

* * * * *

_Umb._ The pretty good-natured absurdity! [_Aside._]--But, madam, you forgot Lorenzo that you mentioned just now: you must see his--[_Whistle. Scene changes._] there, madam, there's the place he spoke those charming words in. But I forget, madam, you are a country lady, and delight rather in airy prospects, tracts of land, and beauteous lawns. [_Scene changes to the Park._

_Dolly._ Is this the Park? Pray, madam, where is the Birdcage Walk, where lovers meet for intrigue?

_Umb._ You shall see it in due time; for I have a thousand other things to tell you of. You must understand human life, and what passes in the world, before you give yourself away.--But I must not inform you of it abruptly and hastily.

_Dolly._ It will be charitable in you, madam, to do so.

_Umb._ I know you must be an admirer of poetry and good sense, without which music is insipid, or at least but half-informed.

_Dolly._ I have wished myself at London a thousand times, to see operas; but I would not have them sing nonsense.

_Umb._ Therefore, madam, I hope you'll like the poetry which Mr. Severn has ordered for the stage in celebration of two faithful lovers: they were persons in an humble condition, and no ways conspicuous but by their passion for each other; indeed, just what they should be conspicuous for----

AN INSCRIPTION AND EPITAPH IN A COUNTRY CHURCH.[137]

"Near this place lie the bodies of John Hewett and Sarah Drew, an industrious young man and a virtuous maiden of this parish, who, having been contracted in marriage, and being with many others at harvest-work, were both in one instant killed by lightning on the last day of July, 1718."

_Dolly._ Oh! but the poetry--what a sad thing 'twould have been if one of them had been left alive--But pray let's see the poetry.

_Umb._ Have but patience and we will have convenience, miss, to sit down and hear it. [_Scene changes to a bower._

"Think not with rigorous judgment seized, A pair so faithful could expire; Victims so pure Heaven saw well pleased, And snatched them in celestial fire. Live well, and fear not sudden fate; When death calls virtue to the grave, Alike 'tis justice soon or late, Mercy alike to kill or save. Virtue alike can hear the call, And face the flash that melts the ball."

But let us take our places, and carry it gravely, suitable to your fortune and merit. [_Here it is performed._

ACT THE THIRD.

_Enter_ SEVERN _and_ HUMBER.

_Sev._ I have often begged you to let me shift for myself, let my character sink or swim. Every man who attempts any new thing must allow mankind to talk of him as they please. I do not regard what the world says, but what they should say.

_Hum._ It is very odd that we have never happy moments but at midnight, so different are our tempers; and we are made to keep together from no other rule, but that we never expostulate upon past mistakes; to meet again after a misunderstanding, contains in itself all manner of apology, all expostulation; but, if I might, I would complain that the business of the house is neglected while you are attending your amours.

_Sev._ No; there is a present leisure to attend anything of that kind, to hear any person or persons that pretend to the stage, to examine scenes or goods to be shown or exhibited there, and give them their answers.--Let us take our places accordingly.

_Hum._ It is wondrous to consider the folly of mankind, that think so lightly and so meanly of the faculties of a player.--Roscius had three thousand scholars, and but one only fit for the purpose.

_Sev._ There's no arguing mankind out of their humour or their taste; they may be gained upon by skill and labour, but that must be felt before it's seen.

_Hum._ Now you begin to philosophise: but let us hear the people, in spite of vernacular dialect or tone, attempting to represent the most difficult characters of state. Mr. Duntaxat, if you please, we will now sit down and hear them. [_They sit down at table accordingly._] Mr. Severn, you see he consents to take out places. [_Rings the bell._] Who waits?

_Enter_ SERVANT.

_Servant._ A great many people, sir; but none so importunate to be admitted as the Welsh gentleman, who offers to act the character of Hamlet for his own pleasure.

_Hum._ Plague on him, whose pleasure will it be besides?

_Sev._ Oh, all the world will like him; let us admit him by all means.

_Hum._ He, in his vernacular tone, will disparage a scene forever by repeating it; but do as you will.

_Sev._ Pray desire the gentleman to walk in: pray, gentlemen, keep your countenance, for he is no fool; or if he is, he is a valiant one, and hath a great estate half-way up the atmosphere.

_Enter_ MR. GWILLYN.

[_They all rise from their seats._]

Sir, we understand the high obligation you lay upon us (pray sit down, sir) in condescending to tread the stage in the character of the Prince of Denmark; in which, sir, you are so far right, that he was a prince of a very ancient family, and not unworthy a gentleman of your character to represent.

_Gwil._ I have a respect for him, both for his plutt and his prains, and think I could do him justice.

_Sev._ There is no doubt of it, good sir; and if you please to pronounce the sentence, "To be and not to be," you'll mightily raise these gentlemen's expectations and gratitude to you for the favour you intend them.

_Gwil._ Sir, that will I do, if the gentlemen please to hear it. [_They all rise, and come forward with him._

_Gwil._ "To pee and not to pee," &c.[138]

_Sev._ Most admirably spoke, sir. Be pleased to give us time to concert measures what day to act this play. Let our tailor wait upon you to adjust the shape and all things necessary. [_Exit_ GWILLYN.

_Hum._ It's well we have got well clear of this humorous exceptious gentleman; but I was in terrible pain lest he should have observed your inclination to laugh.--But let us not lose time, but go on to answer other persons. [_Rings the bell._

_Enter_ SERVANT.

_Hum._ Who waits without?

_Servant._ Very many people, sir; but the lady with her daughter says she has been here so often that she will be next admitted.

_Sev._ She will! she insists to see us altogether and makes a difficulty even to show her daughter's face. Now that is so preposterous and humourous, that I could not answer her civilly and in general, and so put her off.

_Hum._ Let her come in, however, and have her answer from us all.

_Enter_ MRS. FENNELL, _with her_ DAUGHTER.

_Hum._ Madam, what are your commands here?

_Mrs. Fen._ Gentlemen, I am a gentlewoman of a very ancient family.

_Sev._ Very likely, madam; but, indeed, madam, we sit here to provide for the stage, and not to hear pedigrees. If you are of a house of yesterday, and please to-day--you'll pardon me, madam---that is what we are to mind chiefly; but pray, madam, break into your business.

_Mrs. Fen._ Why, gentlemen, this young lady in a mask with me is my daughter, and I propose her for the stage; for I am reduced, and starve or beg we must not.

_Sev._ But, madam, please to show us how your daughter will help to keep us from wanting. Madam, we have a great charge already.

_Mrs. Fen._ Why, you see, gentlemen, her height is very well; she is neither tall nor short.

_Sev._ We allow it, madam; but that is not all: she must speak with a good air and grace.--Won't she unmask? Must not we see more than thus much of her?

_Mrs. Fen._ No, no, gentlemen, we must come to some manner of agreement before you see any further. To be a maid of honour, a waiting lady on your Statiras and Roxanas,[139] or any of your theatrical princesses, she'll deserve twenty shillings a week for mere dumb show--and I'll have assurance of that in case you like her face; or else it shan't be said she was offered to the playhouse.

_Sev._ Well, but, madam, that is not all; for let her be for dumb show only, her face is not all; she must be well limbed [_They whisper and confer._]--she may sometimes be in a boy's dress--a Cupid, a young heir to a great family, a page, or a gentleman-usher.

_Mrs. Fen._ Why, I was aware of the objection, and have had a model 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