^.i ^1 ^l CfP '^ ) ' Jn 1^ sNM-LlBRAIhQ r-g nun Or ^^mww ^ v^ /-< ., ,OF-CAL1FO^,^^ 'f7l]DNVS01^ l^%. OON^^^^-'V </ ^^ ^t c'/ojnv3 T. H A R R I S DISSECTED. B Y a C 0. L M A N. it" LONDON: Printed for T. BECKET, near Surry-Street, in the Strand. MDCCLXVm. .../ ^4" * 'W ','. ', 1 < ' "'' ' a4f , : ;> v T 1^^6 swiaar" Urn T. HARRIS DISSECTED. AFTER having, in February laft, publKhed a moft clear and ample refutation of the many falfhoods circulated about that time in the printed and manufcript libels of Meff. Rutherford and Harris, I determined never more to trouble the world on the fub- je6t of the ridiculous fquabbles wherein I had unfortunately involved myfelf, by a connexion with two of the moft imprafticable men that ever difturbed the peace of civil fociety. My friends unanimouQy ap- Dlauded this refolution, thinking, that as I had fo plainly proved Mr. Powell and myfelf to have been the only parties injured, the Publick would pay no attention to the future complaints of men, who already flood convi<5l:ed of fo much falfhood and difingenuity. Mr. Harris, however, has lately drelTed up another tale, in which, as well as in the firft Narrative publilhed by him and Mr. Rutherford, he has, in many inftances, not told the truth ; in many others he has not told the whole truth ; and in moft he has, by additions and mifreprefentations, difguifed the truth : a fpecies of Jiory-telling more dangerous than peremptory falfhood, as it lies lefs open to detedion, and is confequently more likely to deceive. My friends, therefore, thofe very friends who firft dil- fuaded me from publication, knowing how fully I could juftify ray con- dud, now think fuch a juftification a debt due to my own charader, as well as to the Publick, who have been pleafcd to honour our difputes with more notice than they defervc. Something has indeed been occa- fionally thrown out in my behalf in the publick papers-, but their circu- lation, however extenfive, is but tranfient ; and it was imagined that a fummary of the real fads would more effedually deted the impofi- B tions [ 2 ] tions of T. Harris, than occafional comments on particular parts of his publication. In giving this trite Jiate of the circumftanccs referred to by Jiirp, I fliall necclfarily be drawn into an examination of his pamphlet, which, with fume other occurrences, will lerve as a dificflion of the heart and mind of the man. PaflTion (as 1 told him before) is a human frailty, and therefore in fome degree excufable i but rancour and ma- lice, I'upported by falfhood, are diabolical. The prefixed Addrefs to the Pubiick (which is a compound of fer- vility antl infolence, at once appealing to their tribunal, owning their authority, and rcfufing to fubmit to it; contains only o?ie charge which is not repeated in the body of the pamphlet. The charge is that of my having infuUed feverqlingeniou^ writers. ' Among th^ many brilliant ex- ploits, of MtiiT, Rutherford and Harris, after the forcible entry of the Icventeenth of June, Mr. Harris has not told the world, that befides breaking open the prompter's office, and carrying ofF the prompt- books, he alfo rifled a cabinet in that office, containing mypri'vate letters^ all which he examined, and left in a condition that teltified what civil perfons had been there. He there read feveral letters that had pafTed between" me and gentlemen who had offisred pieces for the ftage. Some of thefe letters to and from me are, I believe, now in Mr. Harris's pofTeffion , but with all this evidence in his hands, thus delicately ob- tained, 1 defy him to produce one proof of my having infulted any wri- ter whatever. Mr. Harris opens his Letter with a charge of my writing all the jiews-papers, the St. James's Chronicle in particular. The few things which I have lately inferted in the laft-mentioned paper, are written in a manner that ffiews I did not wifh or mean to be concealed. Many other letters, &c. in the publication of which I had not, diret^lly or in- direftly, the rooft diftant concern, have appeared in that and other pub- lick papers :, but it ill becomes Mr. Harris to throw out thefe infinua- tions, while he is himfelf continually running to all the news-printers in town with his own fcurrilous letters and paragraphs, and his friend Mr. Kenrick's dirty epigrams in his pocket ; having abfolutely opened an account current with the publiffiers, and undertaken to pay a round price fur their fuflPering their papers to become the regifters of his falfe- hood, and journals of his malignity. Mr. Harris then recurs to the firft tranfaftions that pad between us. Here, relying on the unmindfulnefs of the reader, who might have long 'ago thrown by my publication, he ftruggles hard to overturn the credi- bility of my Narrative , exerting all his fophiftry to prove me the con- 'triver of Mr. PowelPs preclufion, and that 1 had originally formed a latent defign to ftrip mjTaflrociatcs both of their power and their property. 7 > Fidlion [ 3 ] Fiction is various, and aflumes a thoufand different (hapes and colours, according to the prefent purpofe. Truth is fimple and copftant. In fpeaking therefore of thefe tranfadions, I can only repeat what I have laid before, leaving it to the reader to compare our feveral relations of the fanne fads, and fubmitting to him two or three obfervations tending to eftablifli the credibility of what I formerly laid before him as A True Siate of the Cafe. On the thirtieth of March, all the four parties met at Mr. Powell's. Mr. Colman being afked by MefT Rutherford and Harris, whether he ^^^^^ 3o-' had confidered of the affair which Mr. Powell had at their defire com- municated to him, replied, that he thought himfelf much obliged to Mr. Powell for his good opinion, but could not think of availing himfelf of fuch a partiality, unlefs they concurred in Mr. Powell's fentiments; and that if they were not of opinion that Mr. Colman's advice and affiftance were effential to the welfare of the undertaking, he would by no means think of Becoming a party concerned merely from the nomination of Mr. Powell. Their reply to this declaration was conceived in the moft handfome terms ; and, to convince Mr. Colman that the many civil things they faid on this occafion were not words of courfe, they afterwards recurred to this fubjedl^, and repeatedly afTured him of the great value they fet upon his ac- ceflion to their fcheme, independent of every other confideration than their tho- rough perfuafion of the advantage that would refult from it in the fuccefs of the Theatre. Being late, it was agreed, after a {hort converfation on the intended purchafe, that the four fliould have a fecond meeting the very next night, in order to come to a final determination; and to enter into articles of agreement among themfelves concerning the purchafe. Juft before their parting, Mr. Colman, ad- dreffing MefT. Harris and Rutherford, obferved, that managing a Theatre was like ftirring a fire, which every man thought he could do better than any body elfe. *' Now, gentlemen, faid he, I think I ftir a fire better than any man in "England." To this they replied, ** Do you manage; let Mr. Powell adi j all ** we want is to have good intereft for our money." The next evening we met again; and, at the defire of MelT. Ruther- ^ , ^ ford and Harris, Mr. Hutchinfon, a gentleman whom they particularly ^ recommended for his abilities and integrity in his profelfion, attended with an in- ftrument prepared for us to fign. By this agreement, Meff. Rutherford and Harris were empowered to treat for the purchafe of the Theatre, &c. at any fum not ex- ceeding 6o,coo). forty thoufand to be raifed by themfelves, and twenty by Colman and Powell, whom they were to aflilt with a loan of 5000 1. each, to make up their proportions of the purchafe-money. On Mr. Hutchinfon's reading over this inftrument, when he came to that part of it wherein it was recited, that the four parties Jhould be jointly and equally concerned in the management of the Theatre, Mr. Colman begged leave to interrupt him, and told him it was a fettled point that he (Mr. Colman) was to be inverted with the direflion of the Theatre ;' whereupon, to his very great furprife, Meff. Harris and Rutherford declared, that they never had the leaft intention of forming fuch an article ; that, as they had the turn of the fcale in the purchafe-money, they could not think of lowering their confequence in the purchafe, &c. Mr. Colman faid, that he took it for granted (as he moft certainly did) that this matter had been previoufly underftood B 2 ' on [ 4 ]. on all fitlcs ; and that he had plainly declared to Mr. Powell, on his firft applE- cation, that he would never be concerned in the purchafe, unlefs he ihould be in- verted with the theatrical direlicn Mr. Powell allowed the truth of this affertion, ^lit /aid nothing in approbation of Mr. CoIman*s claim of the management \ and ^4e(^. Rutherford and Harris Teeming fenfible of his fuperior utility in this province, but unwilling to acknowledge that fuperiority under their hands, the agreement was at la(l figned by each of the four parties, in the form in which it had been oricinally prepared. This tianUtticn paflcd on the thirty-fiift of March, though the manufcript pap( r exhibited at Slaughter's, as well as the printed Narrative, for the fame pur- pofe of fallacy that will appear through the whole, place it much later. The next morning I fet out for Bath, where I remained ti'l the P third or fourth of May. In the meantime, Mcfl". Harris and Ruther- ford contradled for the purchafr, depofited o,ocol. and agreed for the payment of the remainder on the enfu ng firft of July. I have been extremely particular in the above relation, becaufe I am refolved not to fupprefs or difguife the moft minute fa^, that may feem in the leaft favourable to Mefl'. Rutherford and Harris. For a like reafon I fliall fupprefs all my reflc(Slions and refolutior^ declared to particular friends, till I had the pleafurc of feeing thofe gentlemen again, which was not till fome days after my return to town; the fame melancholy occafion that fummoned me from Baths ^y* fooner than I propofed, having alfo fecluded me from company. la the mean time, MefT. Rutherford and Harris exprefled the greateft im- patience for an interview with me, apart from Mr. Povjell. On the very fir ft con- ference, they teftified, in the warmeft terms, their earneft defire that I fliould be invefted with the theatrical direction, complaining at the fame time oftheindifcre- tion of Mr. Powell, to whom they afcribed the notoriety of our intended purchafe^ which was now become the common talk of the town, and our names inferted ia every news-paper. It is but juftice to Mr. Powell to declare, that it afterwards appeared that, from the peculiar circumftances of Mr. Rich's will, his widow thought herfelf bound in honour to declare to fome other candidates for the purchafe, that (he had- given notice to the truftees of her having contraded for the fale. This circumftance, as well as the neceflary applications by each of the parties to their friends for the requifite fum, tended to make the treaty publick. One part f Mr. Powell's conduit on this occafion, though it certainly contributed to betray our operations,, is very much to his honour, though the written Narrative, with the fame fpiritof candour that animates the whole, endeavours to interpret it to his difadvantage^ and to tax him with a fcandalous breach of faith to the Patentees of Drury-Lanc Theatre. The tri:th is, that the very day after MelT. Rutherford and Harris had applied to Mr. Powell, he communicated the matter to Mr. Lacey, who very kindly aflured him of his beft wiflies, and a continuance of the fame friendfliip which he had fbewn to Mr. Powell on every former occafion. Mr. Garrick was then at Bath. ^ In a word, MelT. Harris and Rutherford now infifted on the ex- 1767. pediency of invefting Mr. Colman with the diredtion of the Theatre,. and were extremely felicitous to fettle this point before Mr. Powell's^ fummer-engagements fhould call him out of town. To this end it was propofed, that we ibould each of us confider of that and fome other neceiTary articles, and throw threw our thoughts concerning them upon paper. I did To ; and Mr. Harris, in a few days, took occafion to call upon me one morning alone. I then fubmitted to him a paper containing a fketch of fome articles, and among the reft, one relative to the managemenr, which was as follows : ** That George Colman fhall be invefted with the theatrical direftion, that Is ** to fay, the power of engaging and difmifling adlors, a6trefies, fingers, dancers, *^ muficians, &c. &c. of receiving or rejefting fuch new pieces as (hall be offered *' to the Theatre ; of cafting the plays ; of appointing what plays, farces, &c. fhall ** b: performed ; together with the fole condudt of all fuch things as are generally *' underftood to be comprehended under the dramatick and theatrical province:. *' Provided always that the faid George Colman Jhall not do any afl contrary to the opinion ** ^ ANY TWO of the other partners in writing exprejfed : and that if the four part- *' ners foall be equally divided in opinion, that the matter in difpute Jhall be referred to ** tiuo arbitrators^ one for each party -, and if the faid tiuo arbitrators cannot agree, that ** they Jhall join in appointing one other arbitrator, whofe opinion foall be decifive and final.'* On perufing the above rough draught of an article, Mr. Harris did me the honour to obferve, that the footing on which I was willing to reft my manage- ment was extremely generous, and agreeable to the candour which I had fhown in iry whole tranfadlion with them j but that he thought it neceffary that I (hould have more power than fuch an article v/ould give me j that he had the greateft cfteem and regard for his friend Mr. Rutherford, whom he thought a very honett, good-natured man, but that there were no two perfons in the world more likely to difFer in opinion than himfelf and Mr. Rutherford j fo that if Mr. Rutherford and Mr. Powell fhould happen to join in oppofition to any of my meafures, an ob- ftrudtion in the management muft neceflarily enfue ; that his brother-in-law, Mr. Longman, had told him, that he and Mr. Rutherford might difFer, but that he and Mr. Colman never could \ he could wifh, therefore, that I would agree to put Mr. Powell entirely out of the queftion, and to place the whole negative power in him- felf and Mr. Rutherford, and then (added he) " You will always be fur e of o^sz of us:* Although this fcene paft entirely between Mr. Harris and me, yet the truth of it does not reft on my bare aflerrion ; for I recapitulated all thefe circumftances to Mr. Harris fome weeks ago at the Theatre, in the prefence of MefTrs. Ruther- ford, Powell, and Hutchinfon. He allowed the fats, but added, that he had been miftaken in me. I returned him the compliment. I fell into the fnare, and faid, that if Mr. Powell could be prevailed on to aflent to fuch an article, I had no objeftion to it. Mr. Rutherford, in this inftance, as in every other, implicitly fubmitted to the opinion of Mr. Harris. Mr. Powell, however, fhewcd great repugnance to giving me the diredlion. On my expoftulat- ing with him alone on this fubje(Sl, and reminding him of his firft application to me, and my declared refolutions at that period, he frankly confeffed that he had been advifed to the contrary^ but that, on refledlion, he returned to his original in- tentions, and was content to put his fame and fortune into my hands. This is the real hiftory of the article refpei^ing the management, -, , which was accordingly figned by all parties on the 14th of May, and ' is as follows : " WHEREAS Thomas Harris, John Rutherford, George Colman, and William Powell, by certain articles of agreement, dated the 31ft Day of March laft, did 2 agree [ 6 ] agree to purchafe of the Rcprefcntatives of John Rich, Efq. deceafed, two patents for exhibiting theatrical performances, and the fevcral ieafcs of Covent-gardcn the- atre, and the rooms, buildings, conveniences, furniture, cloaths, fcenes, decora- tions, mufic, entertainments, and all things belonging to the faid Theatre ; and the faid Thomas Harris and John Rutherford were thereby authorifed to treat for, and purchafe the fame, at a lum not exceeding 60.000 1. and the purchafe-moncy WAS to be ad anced by the faid parties equally, and they were to become jointly pof- fefled of, and intcrcfted in, the premifles (o to bepurchafed, and were to be jointly and equally concerned in the management of the faid Theatre, and were to execute proper deeds and inftruments for that purpofc, when the faid purchafe fhould be completed. And whereas the fa'd Thomas Harris and John Rutherford have ac- cordingly contracted and agreed with the reprefentatives of the faid John Rich, for the purchafmg of the faid patents, leafes, premifles, and things, at and for the fum of 60,000 1. and fuch purchafe is to be completed on the firft of July next: Now the faid fcveral parties, having perufed and fully underftanding the purport? and contents of the faid contradt, do approve of, and confirm the fame. And hav- ing alfo, in confequence thereof, taken into their confideration the Management of the faid Theatre, they have, for the better anri more eafy condudlmg of the bufinefs thereof, as well as for their joint and equal benefit and advantage, agreed, and do hereby mutually declare and agree, that, notwithftanding any thing contained in the faid agreement already made between the faid parties, the faid George Colman (hall be inverted with the Direction of the faid Theatre in the particulars following, viz. that he rtiall have the power of engaging and difmifling performers of ail kinds ; of receiving or rejeding fuch new pieces as Ihall be offered to the faid theatre, or the proprietors thereof; of carting the plays; of appointing what plays, farces, en- tertainments, and other exhibitions, fhall be performed ; and of conducing all fuch things as are generally underftood to be comprehended in the dramatic and theatri- cal province. Apd that the faid Thomas Harris and John Rutherford fhali be de- fired to attend to the comptrolment of the Accounts and Treafury, relative to the faid theatre. Provided alivays, and in as much as the faid Thomas Harris and John Ru^ therford will have lei jure to attend to the affairs of the faid theatre^ and the faid ff^illtam Powell is to be engaged as an ASlor or Performer upon the Stage (for which purpofe fetarate articles are intended to be entered into between him and the other parties), in which his time and attention will be chiefly employed and taken up,fo that he will not be able to apply himfeir tn managing; the hufinefs of the theatre \ it is therefore hereby further agreed, that the faid George Colman fhall, fom time to time, and at all times hereafter, communicate andfubmit his conduSf, and the meafures he fhall intend to purfue, unto them the faid Tho'- mas Harris andfohn Rutherford \ and in cafe they fhall, at any time, fignify their difap- , probation thereof, in writing, unto the faid George Colman, then and in that cafe the mea- fures, fo difapprovcd of, fhall not be carried into execution, any thing before contained to the contrary thereof mtwithftanding. Yet, nevcrthelcfs, with refpeSl to the faid IVilliam Powell, it is intended and agreed, that he fhall, at all times, give his advice and afftjlance relative to any part of the bufinef of the faid theatre , when thereunto deftred by the other parties. Witnefs the hands of the faid parties, this 14th day of May, 1767. Witnefs, T. HARRIS, JA. HUTCHINSON. i^2J\^J?S ^^^^^ G. COLMAN, WILL. POWELL," My f 7 ] My own (ketch of the article here inftrted, relative to the manage- ment, providing that IJhould not do any aci contrary to the opinion of A>iY TWO of the other partners in writing exprejfed, inconteftibiy proves the falfhood of T. Harris's aflertion, that it appears evident from the Harris's Let. very firfl^ that Colman ufed every means to engross the whole P- 9- POWER to himself. That the negative power (hould be transferred from- ANY TWO, and the controul afterwards vefted folely in Rutherford and Harris, could be the contrivance of none but thofe who were to engiofs the power refigned by Mr. Powell. Mr. Harris himfelf fays, We thought it prudent to give a particular charge and precaution to Mr. Harris's Let. Hutchinfon, our attorney, to take a fpecial care to guard P- ^ and fecure our rights and authority in this new infirumcnt relative to the management . Here it appears that the gentleman who drew the article was at that time folely /Z^^'/V' attorney, and that Powell and Colman re- poled fuch an entire confidence in their good faith, as to employ on this occafion no attorney at all. Mr. Hutchinfon, however, unfortu- nately for MefT. Rutherford and Harris, was a plain man, and did not ynderftand what was meant to be conveyed by their fecret inftrudtions to guard and fecure their rights and authority in this new injirument ; fo that he incautioufly left certain openings, as T. Harris calls them, into which the rights and authority of the other partners have infinuated themfelves. For this, and other offences equally heinous, Mr. Hut- chinfon long ago received his difmiflion, as attorney to the Theatre,, from MefT. Rutherford and Harris , together with a letter from the laft of thofe gentlemen, more impudent and infolent, if poflible, than any which they have fent to their partners. Mr. Hutchinfon was too dull to conceive the meaning of dark hints about guarding^ and fecuring their rights and authority r it behoved them therefore, in the formation of this- new indrument, to have employed fome able dexterous attorney, to whom they might have fpokcn outy and have told him in exprefs terms, *' Powell has agreed to refign his power to Colman : take care, Mr. " Attorney, that Colman (hail have no power at all !" As to the anecdote relative to a tranfaftion in November, the real fa3 is as follows : The four proprietors, attended by Mr. Hutchinfon, met to fettle a body of articles of partner(hip. Qn this occafion Mr. Colman remonftrated, that Mr. Powell's preclufion having been made fo notorious by their publickly reading the article on the iiage on the fecond of November, Mr. Powell was degraded in the eyes of the whole Theatre. It was propoled therefore to recur to my original plan of an article, which left him, as well as them, an equitable controul in the diredlion. This MefT. Rutherford and Harris fiatly refufed, but offer- ed, as ihcy have often done fince, to burn all articles. As it is impofli- bie [ 8 ] ble not to fee the drift of this propofal, it is no wonder that it has on our part been conflantly rejeded. I Ihall now (in the words of T. Harris's Let. Harris) leave the impartial reader to determine which of tts is p. II. guilty of fuggefting, of accomplilhing, and of continuing the exclujion of Mr. Pozvell. Harris's Let. Tbefeafon at length arrived for opening the Theatre^ and MefT. P-H- Harris and Rutherford entered the theatre with all the chear- fulnefs of young men^ fond of a new^ promi/tng^ and agreeable purchafe. Pretty mailers ! what an idea, I warrant, had they formed of a Thea- tre ! A play-houfe, like a play-thing, as it was new^ was agreeable. But how were x.\\t{c young men received by that four old ftllow Colman ? He never introduced them to the performers. The truth is, Colman himfclfhad no perfonal acquaintance with the majority of them, and had introduced himfelf by taking the men by the hand, and ialuting the womt-n. MelT. Harris and Rutherford might have done the fame ; or if any thing further was nccefTary, the late manager, if defired, would no doubt have been fo obliging as to attend, in order to introduce the Harris'sLct. "^^ proprietors to the performers. Thai I flopped them Jhort^ P-I5- and bade them go off the ftage^ is a mod notorious falfhood. They were there fome minutes, at the end of which the performers, as is ulual, betraying fome impatience at fo long an interruption, I faid, neither rudely nor uncivilly, Come^ let us go on with our buftnefs ! I (hould be alhamed of twice refuting this filly charge, if the malice was not equal to the folly of it. HarrissLet. the fourteenth of September the Theatre opened, and which p- 15- party betrayed infolence, will appear from a (hort recapitulation of the fads already before the Publick. In two days Mr. Harris's ill humour broke out on the fubjcdof Mrs. Leflingham's drcfling-room ; immediately after fucceeded that lady's infolent epiflle (probably diflated by T. Harris) to the prompter; and immediately after that an open a<5t of hoftility from MelT. Harris and Rutherford, attended with the mojl flagrant violation of our articles, by their altering the cad book, and fign- ing a lift of parts allotted to Mrs. Lcflingham -, a proceeding the more infulting and otFenfive, as it meant to cxpofe my fuppofed fcbj dion to them to a principal officer of the theatre. Thefe tranfadions and thofe which followed relative to Cymbeline, and the engagement of Mr. and Mrs Yates, are fo familiar to the town, that I agree with Mr. Harris's Let. Harris the time would be mifpent in agitating an obfolete queflion : p- 15- but the truth of my reprefentation of thofe matters being chiefly founded on the evidence of his own letters, muft furcly be al- lowed to be incontrovertible. Their [ 9 ]' Their enquiries into the wardrobe were merely an zSl of fpleen, in confequence of the reprefentation of Cymbeline. Why will Mr. Harris lay then, we were told by. the Wardrobe- keepers, that great part cf the -property was inthe pojfejjionr^f Mrs. PczvcU, at her kcufe in Rujfel-^treet, Cc^^ent- Garden? Why will he oblige me to tire thePubiick by repeating, in the words of the Irue State^ that " They had, by the * advice cf Mrs. Rich, approved of keeping the iinappropyiated cloatbs '* out of the wardrooe , and had not only joined with me in drfiring Mrs. *"' Powell to take the care of them, but agreed to purchale Mrs i<ich's *' dwellmg-houfe, adjoining to the theatre, for the refidence of Mr. and *' Mrs. Powell, allowing a very large abatement of the rent, in confi- ,*' deration of their referving a room for the occafional meetings of the " managers, and other apartments for the purpofe of lodging therein " the unappropriated cloaths.^^ It is true, indeed, MefT. Rutherford and Harris afterwards thought proper to recede irom this agreement, which Powell and Colman thought themfclves bound in honour and juftice to fulfil. ' As to my Management of the Theatre, whatever refleflions T. Har- ris may endeavour to throw on it, however he may prevaricate by talk- ing of the fmall^r<?//j that have refuked from it, the y^rf^/j of it is in- conteflible , and the extraordinary receipts of the laft feafon are an irre- fragable proof that Covent Garden Theatre has attraded the particular notice and favour of the Publick under my diredion. If the difburfe- ments have been very large, great part of thofe fums muft be confidcred as the 6rft expence of fetting up in bufmefs, having been employed in what may be called ftock in trade, which is at this inftant of great in- trinlick value, and will prevent future expence , and, large as thofe difburfements have been, I was not the promoter of them, except in the fingle inftance of engaging Mr. and Mrs. Yates, more than Mr. Har- ris ; and that fingle inftance was honoured with Mr. Rutherford's ap- probation, till his colleague exerted his undue influence over him, and taught him to objedt to it. Now I am on the article of expence, it may not be amifs to lay before the Publick a fhort anecdote. When Mr. Powell, at a meeting of all* the proprietors, propofed fome additional illuminations, I objected to them, at leaft for the prefent, faying that they would have a happier efFed: at the commencement of a fealon. Mr. Harris faid, the mealure being advifeable, the fooner it was carried into execution the better. Mr. Powell accordingly gave the ncceflary orders ; but when the bills came in, Mr. Harris and his colleague iothdid the payment of the fum chirgtd for two luftres to their Majetties box, faying it was a meajure that had not been fubmit ted to them. C The t 'o ] The pitiful charge concerning orders fcnt into the Theatre, as far as it is imputed to me as an artifice to fupport my reputation, Mr. Harris knows to be falfe. Mr. Rutherford and himfelf have told me more than once, that I Tent m fewer orders than any of the proprietors. The little piece at which his malice points was, with all its faults, extremely fuccefsful, and of great advantage to our Theatre laft fcafon. The people fent to the houfe on one night in particular, did not go at my dc- firc in fupport of my piece, but at the inftance of all the proprietors in lupport of the houfe, which was threatened to be pulled down ; and it was thought a very cheap expedient to facrifice a hundred pounds, to pre- vent a tumult which might perhaps have occafioned a lofs of one or two thoufand. As to the piece, good or bad, being very well afted, it brought great houfes, and was received with much applaufe -, fo that however Mr. Harris may prove the foundnefs of his taftc and judge- ment, he certainly does not manifeft his gratitude by a publick diiap- probation of it. I am now arrived at that period, where I fhould think any prefent appeal to the Publick, if any were neceflary, ought to have begun : but as T. Harris chole to go over the old ground again, I was obliged to follow him, and to trace him through all his doublings of cunning and fophiftry. What follows is entirely new matter, which has arifen fince the tenth of February, the.date of my laft publication. The firft new ad of hoftility on the fide of the negative ma- J768* nagers was intended, like their late proceedings, as a negative general^ being calculated to deprive us of the very fincws of war. On the fourteenth of February they fent, without our knov^- kdge, the following letter to the bankers where our money was de- pofited. MefT. Freame, Smith, and Co. Gentlemen, ** We defire you will not pay any moneys or deliver any property in your hands belonging to the proprietors of Covent Garden Theatre to any perfon whatfiyever, ontil further notice from us. And we defire you in like manner, to retain any fur- ther fums of money belonging to the faid proprietors that may be fent to you. We are, &c. London, T. HARRIS, i4h Feb. 1768. J.RUTHERFORD." At the beginning of the feafon the Bankers had received an order, figned by all the Proprietors, to pay all draughts of Mr. Garton, our Treafurer. It is a queftion therefore whether any two of the Proprie- tors had a legal right to revoke the joint order oithe fottr, and to defire the Bankers not to pay any money to any perfon wbatfoever. However thaic may [ II ] may prove, a ftep of fuch importance could not have been too early communicated to Mr. Powell and me. It was a meafure that ftruck at the very being of our Theatre ; yet certain it is, that the Bankers, who were recommended by Mr. Rutherford, kept this order to pay no money^ and in like manner to retain all further fums, and even fuffered the Trea- furer to pay in two fuch further fums to a very confiderable amount, without faying one word of their having received fuch an order to us or to the Treafurer, who accidentally came to the knowledge of it at the end of three weeks, by happening to give directions for the purchafe of India bonds. A few days after the following letter was fent to the Treafurer : To Mr. Jonathan Garton. "SIR, ** We defire you will, with all poffible difpatch, fend to each performer, ojficer, and fervant of Covent Garden Theatre, whofe articles expire this feafon, or who are not under articles, a copy of the inclofed letter *. and that you will take down the names of thofe to whom fuch copy is fent, and return us a lift thereof iigned by yourfelf. " We alfo defire you will have your accounts ready for our examination, and your balance for infpeSliony on Monday morning next at eleven o'clock, as we fhail then be at the office for that purpofe. We are. Sir, your moft humble Servants, Thurfday 25, T. HARRIS. Feb. 1768. J. RUTHERFORD.'* Letter inclofed. " I AM direted by MefT. Harris and Rutherford, to give you notice that;vja cannot be confidered as belonging to Covent Garden Theatre, aftsr the expiration of this feafon, unlefs the engagement you may enter into for the next be confirmed in writ- ing by one, or both of them. Your's, &c. Feb. a8, 1768. }. GARTON." The determined refolution of MefT. Rutherford and Harris to refcind the article refpe5iing the management, appears in the above notice, wherein they affume, contrary to the letter, fpirit, and common fenfe of that article, the power oi difmiffwn, the difmiffion of almoft the whole Thea- tre, as well as the po^ver of figning the articles cf agreement ; to which alfo they have not any right. The ordering the Treafurer to tranlcribe and circulate thefe notices was undoubtedly intended as a new infult to me -, and perhaps the Treafurer, who was now growing obnoxious to them, becaufe he would not further their attempts to ftop the bufi- nefs of the Theatre, was purpofely diftrefled with this order,, that they might take offence at his denial to comply with it. I had not the moft diftant intention of fettling the future ftate of the company witho communicating the plan of it to them. This, whatever they might L-.j'^ learnt from their informers, my fubfcquent condud teftified. 1 luff-- , C 2 howtytij [ 12 ] however, the poor young men to continue to cxpofe themfelves. The notices were aftually fervcd on the perfons they required, and I pafTcd over this new inftancc of their infolcncc and irregularity with the moft fiicnt contempt. The performers indeed, fomofwhom had remained in the Thea- tre, under verbal agreements and a confidence in the good faith of tne managers, upwards of twenty years, were extremely mortified, and burnt with indignation at thefe biliets of difmilTion. The very inferior part of the Company, and fervants of the rheatre, trembled for their Harris's Let f^t)fift*^"ce. If the emotion of one gentleman in particular p. ly. broke out too violenxly, it was not at my inftigation ; and .... I am very forry that any military man of my acquaintance fhould ever have threatened violence to him and his col- Ibid. league, or have talked {before great part of the cvmpany) of thrufiing the<n into the fire. Towards the end of March I tranfmitted to MeflT.. Rutherford and Harris a plan of the arrangements which I propoled in the future fet- tlement of the Company ; and at the interpofition of a gentleman, who,, though employed as a folicitor on their part, wifhed to appear and aft as a friend to all parties, an interview was appointed not only to adjuft that matter, but to bring all our unhappy differences (if poffible) to an amicable conclufion : yet even after the appointment made for thatpirr- pofe, they were indelicate enough to fend me comments on my pro- pofals, apparently didated by that hoftile fpirit, which had influenced their aflions during the preceding three months. The interview, not- wiihftanding,. took place j and I appeal to the above-mentioned gentle- man, whether we or they Ihewed the mod conciliating fpirit. By his friendly mediation fomc objections on their par^, which plainly betrayed an unmanly remen^brance of pad differences, were furmounted ; and my plan feemed to be ratified with their approbation : but at length, to my very great furprife, they began to talk of interfering in the agree- ments. The gentleman told them, that, according to the article refpeul^ ing the management^ when an agreement was once approved^ the care of enter -^ ing into that agreement refled wholly upon me. Mr. Rutherford was then willing enough to faddle me with that trouble i but he, as his colleague T. Harris has done ever fince, infilled that I (hould infert certain claufes in the articles, which gave them an immediate controul over the performers, &:c. and put the pofitive management of the Theatre into their hands. They required aifo, that Meff. Younger, Garton, and Sarjant, the Prompter, Treafurer, and Houfe-keeper, (hould each be engaged under 2l particular article. This par//V/^r article, and thofe- cjoufes^ were all manifcftly intended to annul and fubvert the original 2. aFticlej [ n ] article, by which. I was inverted with the diredion of the Theatre. An article however was, at their inftance, drawn up in the form they defired. In this form an alternative of two new claufes to be inferted in the articles with performers was propofcd. Their intended operation, to' render Mefl'. Rutherford and Harris pofitive managers of the Theatre, and to leave me no power at all, was obvious. The firft claufe abfo- lutely reverfed the article of the management; and the fecond their own counfel, at one of our interviews, (though openly defired by MeflT. Ru- therford and Harris to make no conceflions on their part) fairly con- fefled to be a 'variation of that article. It is no wonder, therefore, that I objeAed to thefe flagrant attempts to infringe the original compact be- tween us. They then defired a perufal of the form of the article under which I meant to engage performers. My counfel immediately pre- pared fuch a form, and perfonally afTured Mefl*. Rutherford and Harris that it was drawn up in Jlr't^ conformity to the articles between the pro- prietors^ as well as agreeable to the form heretofore ufed for that pur- pofe : notwithfl:ariding which, Mefl". Rutherford and Harris (till infifted on the form propofed by themfelves ; declaring, that they would put a negative on all engagements tili I agreed to adopt the claufes in quef- tion\ after which, having, by 2l negative general, difabled me from en- gaging the performers, they would take upon themfelves to engage them. It alio was thrown out, that there would be two companies ; after which, and fome other exprefTions of ill humour, they departed. Thefe fruitlefs interviews, intended to bring about an accommoda- tion, were three; at the laft of which arofe one occurrence which T. Harris, after his ufual manner, has grofly mifreprefented. I had, at our former meetings on this occafion, expreft my forrow for paft heats and animofities, and given them the molt folemn aflurances that if they were really difpofed to proceed amicably for the future, I would do every thing in my power to convince them of the fincereft cordiality on my fide. Finding, however, by their obftinate adherence to thefe new claims, that nothing would fatisfy them but, dire5llyov indire5fly^ to re- fcind the article which inverted me with the Theatrical Direftion, I pro- pofed, at this laft interview, to leave the theatre to themfelves for three years, provided they would infure the receipts for that term to be equal to thofe of the prefent feafon, the balance never to be lefs ; and if greater, that 1 fliould have the advantage of it. They would only in'.ure the balance not to be lefs ; which, notwithftanding the great fuccefs of the feafon, they thought they might fafely venture to do, on account of the great expences of the wardrobe, illuminations, &c. They alfo offered me a bank note of loo 1. if 1 would name a give-and-tal<e price. I called the offering me money a paltry propofal ; cxclufive of wliicb, ic W.A& t '4 ] was unfair to throw the naming that price upon me, though I will now treat wiih them on that footing whenever they will pleafc to name fuch a price thcmfcives. The fituation of our affairs now began to grow very cri- ^' * tical. The lad of thefe fruitlefs interviews, tor the purpofe of an accommodation, was on the i6th of April. On the 1 8th they ferved me with a formal prohibition, containing a recital of the article of the 14th of May, 1767 ; but this, it feems, being intended to be foon afterwards made publick and diftributed among the performers, concluded with a declaration, that they did not mean to put any un- reafonabk negative; and that in cafe of any breach of articles they would purfue all legal remedies to procure redrefs. The next day, however, notwithftanding fo candid a declaration, they tent me a private letter, revoking their confent to every arrangement that had lately been ad- jufted between us, and prohibiting me to enter into any articles of agreement without inferting the new claufcs in queftion. It now became an open conteft, and certainly a mod ruinous one in fuch a kind of property, whether MefT. Rutherford and Harris or I fhouid engage the performers. Mr. Powell kept Itridlly within the li- mits prefcribed by our articles-, and though he approved of my propofed agreements, made no efforts to engage the performers himfelf. Mr. Harris, in his late publication, at the fame time that he has wilfully mifrcprcfented my condudt, has moft (hamefully flubbered over the part which he and his colleague took in this tranfadtion. It is notorious, however, to the whole Theatre, that, on this occafion, they attempted, in open violation of their compa5l with me and Mr. Powelly to take the ma- nagement into their own handsy and to enter into articles of agreement with the performerSt without our knowledge or confent. No borough was more induftrioufly canvafled at the late general election, than the Theatre laft April by Meff. Harris and Rutherford. Some of the performers they parleyed with at the Theatre, others they vifited at their houfes, and others they fummoned to attend them in Surry-Streec : on all which occafions they ufed every foothing and menacing expedient to cajole or fsighten the performers into agreements ; offering them indemnifica- tion if they would break any contradt formed with me, and private fe- curity for the payment of their falaries, provided they would enter into theatrical engagements with themfelves. At the fame time they iffued printed edids, and hung up tremendous manifeftos in the Green- Rooms -, conftruing their negative power, in contradiflion to the ob- vious fenfe and direft import of words, into a pcfttive power, and denying Mr. Powell and me to have any power at all -, becaufe, or- footh, he was a Player, and myfclf a Dramatick Writer. At this time J Mr. [ '5 ] Mr. Macklin alone, after two fruitlefs negociations with me, I am well informed, declared publickly that he was retained by Mr. Harris. If by being retained^ the having entered into a theatrical engagement was fignified, no other performer could be prevailed on to follow his exam- ple. Their counfel indeed (for many of them applied to counfel) in- Itrudled them, that according to the article, as it ftood in our fcveral publications, no perfon could form an engagement, or receive a dif- miflion, but through me, in whofe power, as the Diredor, thofe ails of management were particularly Ipecified. The fituation to which the cruelty, opprefllon, and irregularity of the two controuling proprietors had reduced me at that inftant was ex- adlly this : By fubmitting to their negative general on all engagements, I was to leave the Theatre deftitute of performers : by fuffering them- to form fuch engagements, I was to fubmit to a grofs violation of our articles, and, at the manifeft rilk of my property, to alTign the theatri- cal dire(5lion to them : or, by engaging the performers myfelf, I was to enter into fuch agreements at my peril. Of all thefe difficulties I chofe to. encounter the lalt; but not in the manner reprefented by T. Harris. I engaged no part of the company to myfelf only^ or under pretence that our differences were amicably adjufled: I took no- T.*2^/''' body unawares : I deceived no perfon whatever . Yet, fays Mr. Harris, one in particular of eminence in his profeffwn affur- ^^^^' ed us, he was fo much concerned at being thus deceived^ that he would go immediately to Mr. Colmany and endeavour to get his agreement cancelled,. The letter annexed, in order to corroborate this alTertion, is itfelf a re- futation of it ; and the party concerned has fmce publifhed the fol- lowing teftimony in my favour, whence the world is left to judge of the credit due to Mr. Harris. Liverpool^ Aug. i, 1768. ** Underftanding thai my name has been made ufe of to the prejudice of the character of Mr. Colman, in juftice to that gentleman, and at his defire, I think it incumbent on me to declare, that I never faid I had been deceived by him, and that I never formed any engagement with him, wherein he afled in an indirect or clandeftine manner, or otherwife than became a man of honour and integrity. The reafon of my demanding a formal cancelling of my agreement, as appears by my letter to Mr. Harris, of the 28th of April vras, that he faid he could only confider me as a Colman, and of confequence, an enemy to Mr. Rutherford and himfelf, if I di^ not alk Mr. Colman for my engagement, which would fatisfy them entirely. GEORGE MATTOCKS." Nothing indeed could be more open than the tranfa6lions on both fides, which were fo notorious, that it betrays an uncommon contempt of all the parties concerned, as well as the moft lofty difrcgard of trulrh. I .6 ] muh antl the publick opinion, to have endeavoured to mifreprefent them. Two days attt-r me circulation of their pdnied paper of AprU 9.7, the following confiderations were fubniitttd to tnc pcrfurmcrs in nianulciipt. *' Many performers and other perfons belonging to Covcnt Garden Theatre having been made uneafy by the receipt of a lecter fomc weeks aiio figneJ Jonathan Ciarcon, as well as by a printed paper lacely dirtnbuted, figned i honias Harris and John Rutherford, it may not be improper to confider the original article eon- cernin( the manatjcment, as it appears in the different publications of the feveral .patentees. By that article it appta.s, that according to the agrt-emtnt of the 31ft of Mnrch 1767, the four gntlcmtn were to be jointly and equally concerned in the management of the theatre; but on the I4ch of May following, having talten into conlideraton the n>anagement of the theatre, they for the better and more eafy condu(5t!ng the bufinefs, as for their joint and equa' ben; fit and advantage agreed, thit notwithltanding any thing contained in the firlt agreement, Mr. Colman fhould be invcfted with the direction of the theatre in the particulars following, viz. That he {hould have the power of engaging and difmiffing performers of all kinds; of receiving and re)eiing fuch new pieces as fliould be offered to the theatre; of cafting the plays ; of appointing what plays, farces, and other enter- tainments (hould be performed ; and of conducing all the dramatic and theatrical province: but it was alio further agreed, that Mr. Colman (hould communicate and fubmit his condudt and intended meafures to Meff. Harris and Rutherford; and in cafe they (hould at any time fignify their difapprobation in writing unto the /aid George Co/man, then the meafures fo difapproved of (hould not be carried into execution. *' This is the fubftance of the article ; from which it appears that Mr. Colman has the fole power of engaging and difmifling performers of all kinds ; and that no performer, officer, or other fervant of the theatre, can form an engagement or receive his difmijfion Uom any other of the proprietors. Mr. Colman is inverted with the management, and the performers and other perfons of the theatre are to receive their diredlions immediately from him. In cafe of any difference of opinion be- tween the proprietors, MelT. Harris and Rutherford may fignify their difapproba- tion in writing unto the faid George Colman i not to any other perfon ; and if Mr. Colman afterwards carries the meafures into execution, it is at his own peril. The performers, &c. are juftified in adling as Mr. Colman directs, becaufe nobody elfe has any legal authority to give them any dire6lio^is. They have nothing to do with any private differences among the proprietors, and it is very- hard they (hould be involved in fuch difputes. Meff. Harris and Rutherford have no further right to act in the management than occafionally to fignify their difappro' baiionin writing unto the faid George Colman. Mr. Powell might with equal right take upon him to engage or difmifs performers, &c. as MeflT Harris and Ruther- ford, who cannot legally execute any aft of management. It is Certain from the original article, that no engagement can be binding on all the proprietors, except an engagement formed by Mr. Colman. If he forms any engagement of which Me(r. Harris and Rutherford have fignified their difapprobation to him in writing, he perhaps may fulfer for it; but the performer is fure to receive the benefit of his contract; to which he can by no means be entitled under an engagement with any of the other proprietors, a9th April, 1768. How [ "7 1 How far law or equity will warrant the part I thought myfelf bound to take for the prefervation of my property on this occafion *, what the Publick will judge, now the true fiate of the cafe is before them ; I will not pretend to decide : nor will I, like Mr. Harris, hawk the names and opinions of my counfel in our idle pamphlets; but it is certain that I did not proceed without advice. The performers, as I obferved before, took the like precaution ; and not one to whom 1 applied refufed, except Mrs. Bellatrty, afllgning for a reafon that fhe had already refufed MefT. Rutherford and Harris, and that fhe could not enter into any written agreement without the concurrence of all the proprietors. I do not mention this in order to caft any reflexion on that lady's conduct. For my own part, let the fad; be duly confidered, and it will appear that the engagements I have entered into with the performers, &c. are but a continuation of the old retainers to the Theatre, the bufinefs of which could not poflibly be carried on without their affiftance. MeflT. Rutherford and Harris, having not the fhadow of claim to any pofttive or executive power, had certainly no right lodifmifs the whole company of comedians, officers, and fervants,at one ftroke, under an article by which the power of difmijfing^ as well as engaging^ is vefted in me. Turn the tables for a moment, and fuppofe that /, on any pretence whatever, had propofed fo bold a difmijfion, and as the executive king of Brent- ford had thus endeavoured to realize the Roman emperor's wifh, by cut- ting off all my people with a fingle blow ; with what propriety might the two controuiing monarchs hzve thtn exe,rc\ied tht'ir negative power, by fignifying their difapprobation of fuch a difmijfionl They certainly might have objected to a difmiffion ; but they certainly had no authority to dif^ mifs. The ftep they now took was, in effed, (to the manifefl injury of Mr. Powell, myfelf, and the whole Theatre, as well as themfelves) an endeavour to reftrain me from opening our doors ; a refo- lution which they have fince avowed, and which I too truly ^'""p ^g**** prophefied in my firft publication. - At the beginning of May MefT. Rutherford and Harris, y^ ^^ finding this y^fc;/^ attempt to take the theatrical management in- to their own hands as vain as ihe'ir former efforts of that kind on the fecond of November, at length inclined to capitulate ; and not being able to refcind the whale article, they refolved at leaft to endeavour to get Tid of a part of it. To this end they varied their mode of operation. Mr. Rutherford accofted me one evening at Ran<:lagh ; but, fo far from being by accident preffed by the crowd clofe to me, he ^'r^/^, ^^' moft induftriouQy fought me all over the room, and I was the lafl of my party that evening who knew that he wanted to fpeak with me. It is ftrange that Mr, Harris cannot deviate into truth about matters of fo little importance. D On [ i8 3 On this occafion Mr. Ruthf rford declared that he was afhamcd of what had pad : that during the laft forcnigSr, confumed on their part in tfuitlcfly tampering with the perfornners, he had lorcly rxpcrienccd the mortifications and difficulties incident to the management of a Theatre, and pitied my fituation : that he had heard I had declared, that jn cafe they formed any engagements advantageous to the Theatre I would confirm them, which lie thought a mmly proceeding : that neither he nor Mr. Harris wanted to be concerned in the direction j but that he thought it would be more to my credit to attach myfclf to ibemthzn to Mr. Powell : and that, in cafe of fuch acoalifion, we might keep all the aftors in order, Mr. Powell as well as the reji. After this overture made on his part, he faid he hoped that I would manifeft a defire of a fpeedy accommodation on mine, and by a note or a meflage appoint the time and place of another interview. I could not think of fuch an interview without Mr. Powell's being of the party; to which Mr. Rutherford confenting, I wrote to Mr. Harris co that purpofe, and the four proprietors once more met together the very next evening. From the firft part of our converfation, joined to the behaviour of Mr. Ru- therford the evening before, I began to flatter myfelf that the aufpicious moment was at length arrived when our differences would be adjufted. I declared, with the utmoft fincerity, that the moment they defifted from fiudied interruptions^ I (hould, on my part, not only condudl the Theatre to the belt of my abilities for the general advantage, but in the minuteft points ftudy to do every thing agreeable to their wifhcs. An accommoda- tion now feemedto have taken place, but at length their latent intention difclofed itfelf. There was one point ftill behind. They made a claim of figning the articles of agreement with performers. ^.^30. *' That this was not according to the common ufage and nature of fuch partnerjhip, the cafe of our immediate prcdeceflbn was an obvious inftance , that it was not according to the * exprefs letter of our article^ was clear on the face of that ar- lyj^j ticlej nor was it even reconcileable to common fenfe and common equity^ where one particular partner was by article invcltcd with the management ; fince if four had a right to fign thefe agree- ments, fourteen or four and twenty^ in cafe of fo many equal proprie- tors, might lay the like claim, which would be ridiculous, and would incur the very inconvenience which the article refpefting the direc- tion was calculated to prevent. Even fuppofing a breach of truft on my part, our article of May 14, 1767, was fo ftrong in their favour, that if I either varied the terms of fuch agreements, after being pro- pofed to them^ or formed any contracts to which they had jointly fignificd their difapprobaiion in writing, their certain recovery of any damagci [ '9 ) damages refultlng from fuch engagements would at once be my pu- niftiment and their reparation, which muft efFcftually check or redrefs all injurious proceedings. After much debate they left me this alternative, either to infert the new claufesy To long in queftion, or to fuffer ail the /our proprietors to become fubfcribing parties to the articles of agreement ; which laft pfo- pofal plainly proved, that either expedient meant the fame thing. 60 far from agreeing that the article Ihould be fubmitted to counfel of only my nomination^ fo jealous were they, that ^^'J's's^l-et. they not only excepted to two moft eminent and refpeftabje gentlemen, (whom they knew I had often confulted, and who were confequently beft acquainted with thefe affairs) but they extended this fortof profcription to all my circuit-acquaintance ; infidioufly mentioning at the iame time, with an affefted careleffnefs, a gentleman whom I knew to have been a counfel of their own. Thefe were fufpicious cir- cumftances, and it is no wonder therefore that I chofe to a6l by advice, and to take two cr three days to conftder of it. The opinions I collected on this matter were, that this was only a new device to countenance an attempt to infringe the article refpec- ting the management; that when an agreement was once approved^ by virtue of that article, the care of entering into that agreement rejted WHOLLY upon me: befides that, to perfons of fuch a complcdtion, any conceffion of a material and fundamental right muft be extremely dan- gerous, the rancour, the fpleen, the pride, the malice, the duplicity, the tyranny and oppreflion of their conduft having invariably betrayed themfclves throughout the whole feafon. From thefe juft apd prudential motives I was induced to abide by my right, and to keep ftridlly to our article ; nor indeed was it reafon- able to expefl that we Ihould relax on our part, while they on all occa- fions fo rigidly enforced their power of controul. The only ccncefllon that had ever been defired by us was, by recurring to my firft" draught, to give Mr. Powell an equitable voice in the management and difpolal of our common property ; and at the bare mention of fuch a propofal, (although the point was immediately given up, on their objection to it,) they had taken very great offence. The reader being now made acquainted with the true fiat e of the hif- tory of the engagement of the performer?, will not be fu rprifed that dnring thefe tranf anions they heard nothing from me relative to the . , adjujlment of affairs for the enfuing feafon. The truth is, that Let. p. 3*, they had been endeavouring, in open defiance of all compad:, to adjuft thofe aff'airs themfelves. They knew therefore it Ibid. was wholly owing to themfelve's that they had not received an an- C 2 fwer [ 20 ] fwerfooner. What then can be thought of men, who, after a vain ef- fort to prevail on me to refcind apart of our article, preceded by an attempt to overthrow the whole, an attempt nocorious to the whole Theatre, could pretend, in theirLetter of May 17, that to keep Harris's Let. fi,gjj-Q perfectly ignorant of nrf tranfaEliovs could not he deemed ccnftjtent with honour , equity^ or honejly ? From the 2 7th of April, their own tranfa^ions had engrofled their attention. If 1 would not be- come a mere nominal director of the Theatre, and allow them to pre- fcribe as well as controul^ if I would not, with no more than equal pro- fit, take all the trouble, and refign all the power -, they were refolved to feize the management themfelvcs. The integrity of the performers, officers, and fervants of the Theatre, on this occafion, does them An- gular honour : Neither threats nor promifes could induce them to com- bine to rob me of my rights. It was neceflary they (hould be employ- ed j but they refolved, provided I would enter into agreements with them, to withftand all the foUicitations of MefT. Rutherford and Harris. I made no fcruple, therefore, and I think it was the duty of my ftation, to keep together a company of performers, who have already been fo well received, and who hope ftill to experience the favour of the Publick. Not being very foUicitous to fquare my anions to Meff". Rutherford and Harris's theory of honour, equity, or honefiy, if 1 had not nearly finifhed a very long letter to them on the affairs of the Theatre, I (hould not (after this lafl infult of their's of May 17) have taken the trouble of writing to them at all. This I gave them to underftand, when 1 tranf- mitted it to them a day or two afterwards, informing them, moreover, that any future intelligence of my condu(5t and meafures fhould be com- municated to them by the Prompter, Treafurer, or fome other offi- cer of the Theatre, according as 1 fhould find it rcquifite occafionally to dired. . , This Letter, fays Mr. Harris, v/zs filled with falfe fa^Sy ^.\^, ' falfe reafoning, and falfe fuggeflions. Tho\e fa^s, that reafon- ing, and tho(c fuggefliom., which he wiflied to conceal from the world, now appear before it in this Pamphlet. They are true ; they are capable of the cleareit proof ; the tranfadkions are recent ; a cloud of witneffes, men of the moft unqueftionable integrity, can confirm my account of them ; and their truth will,. I doubt not, cover the faKhoods of T. Harris with confufion. -- It has been a conftant cuftom with our two young gen- tlemen, on every new rupture, to dip their pens in gall, and to fend letters to Mr. Powell and me overflowing with fcurrility and in- ventive. Mr, Powell had very lately been favoured with one of thefe epi flies [21 ] epifties relative to his concerns at Briftol. Mr. Harris has thought pro- per to publilh it ; but nobody who reads the letter will give the leaft credit to the declaration annexed to it, that they had no de/ign to revoke the confent they had pajfedfor his going to Brijiol. ^ On the receipt of my letter (which before it was fent I had commu- nicated to feveral friends, who thought it written in the moft cool, de- cent, and difpaflTionate terms) they again had recourfc to their pen and ink, not only threatening me in one letter with a publick anfwer^ but writing another to Mr. Powell, wherein they fpoke both of me and the letter in the moft fcandalous terms. It has been their conllant endea- vour to fet Mr. Powell and me at variance, and many poor efforts of that kind appear in the late Letter of T. Harris, particu- larly m that part of it now under examination. The day of ^p"Y, 37!' its appearance I wrote two or three lines to Mr. Powell, af- furing him it had not made the leaft impreffion on me, though he had never communicated to me Mr. Harris's letter of the 24th of May. I have juft received an anfwer from Mr. Powell, in 'P'^?- which are the following paflages. They contain a full confutation and able diflTedion of T. Harris, and give an account of his own j^^ ^ conduct entirely confonant to his letter of the 21ft of May, which, notwithftanding Mr. Harris's aflfertion to the contrary^ was written without the leaft confultation between us, and during my ab- fence from London. ** In regard to the letter, you fay, I did not communicate to you, it was thus. You muft remember, I told you I had been at Harris's houfe one morning,- and that he and Rutherford had ufed every (hameful argument to perfuade me to join them, and every fcandalous abufe againft you, and how much they would do to oblige and ferve me, would I defert you and fide with them: that feveral of the firft people of falhion had perfuaded them to ufe force and every method to difpojfefs fo objiinate a man as you luere^ and how much it would redound to my honour and credit with all thofe great people, and, in fliort, with the whole public, if I would defert you and join them. At this meeting too Harris faid, however he might be difpofed to part with his fliare, he was then determined to keep it, if for no other reafon than to plague and perplex you (with muchabufive language) jthat, by all that %vas facredy you Jhould neither eat nor Jleep in comfort^ that he would haunt you by letters at morn, at noon, and night, till he had leaz'd you out of the theatre;, and, as I remember perfectly well, fat down on a fopha, and concluded all his bitter exclamations againft you with thefe words, ** G d d n his bloody I'll *' teazehim till he is weary ofhisUfe^ and then, like Job, he'll cur/e his God and die J* On this I faid, I was well fatisfied with your condudt, that I was fure you were a pcrfeflly honeft man, that I fliouid never think my fortune fafe but in your hands,, as it was, and that I (hould fink or fwim with you. I left them in this manner. The moment I faw you, I told you in fome part what had paft, and you then told me, in what manner Rutherford attacked you at Ranelagh, to difengage yourfelf ftom me, and ffos) that moment I determined ihat I never would, nor I never have [ a^ ] have, iwr ever will fpeak to, or take notice, or hold converfe with either of them. The very next day after thii you went to Richmond Benfley happened to be with me in my parlour, when that letter was brought mej it was left at the door, and the man faid it did not require an anfwer. 1 opened it, and it (hock'd me very much. 1 gave it to Benfley, who read it, and 1 told him what had paft. Hefaid it would be quite wrong to (hew it you ; that, as I had taken a refolution to have nothing more to fay or do with them whatever, he advifed me to burn the letter, and take no notice of it to you, as he thought it would make you, upeafy. I put- it in the fire, before his face, and never finre have taken thp Icai^ notice of either,' but with the contempt you have been wicnefs to. As to the converfation they quote of mmc with them at that meeting, ;'/ is a faijhoody a mcft wfavtous' faljhoodi for every fyllable of mine tended to prove to them my love and regard for you, and to convince them it was not in any man's power whatever to draw me from the fide of a man I honoured, efleemed, and loved, and in whom I placed the un- bounded confidence of my future fortunes and happinefs, and which, my dear friend, I (hall ever continue to do." In my letter I had informed them, that I fhould direft our attorney, Mr. Hutchinfon, to fend them an account of the engagements I had made: from which Mr. Harris, though complaining of h\% ignorance of my tranfMions^ took occafion to fend Mr. Hutchinfon a letter, filkd^ as ufual^ withfalfefa5is,falfereafoning^ and falfe fuggejtions, c loathed in the moft abufive language, ablolutely refufing to receive any fuch ac- count, and difmijing Mr. Hutchinfon from his employment as attorney to the Theatre. Nothing worth notice occurred between this and Let. p? 38. ^^^ clofmg the feafon-, doled, it is true, with Cymbtlme, and to a very good houfe for the beginning of June. The fne^rs Ibid. concerning orders^ and my new occaftonal prologue^ throw no contempt on any perfon but T. Harris. The feafon clofed on Saturday the 4th of June. On the Monday fol- lowing Mr. Harris came to the Treafurcr's office, and took upon him- felf, in his own and Mr. Rutherford's name, to difmifs Mr. Garton, who had given fccurity in a bond of 5000/. to the four proprietors. jIjJj . Mr. Harris ordered him, however, to meet them at the Theatre on the lothofjune (the Friday following) in order that they might examine his accounts. Before Mr. Harris quitted the Theatre, he made particular enquiries concerning the apartments in Mr. Sarjant*s houfe. Mr. Sarjant himfelf, it fecms, vvas not at home, but orders were left for his due attejidancc on the Friday following. The ward- robe-keepers alfo received the like orders. Juttc. From thefe circumftances, as well as from fome intimations given me of their declared intentions by Mr. Powell, I had now little reafon to doubt of their purpofe to difpoffefs all the perfons, adling under my direftion, of the Theatre by force. To proteft againft fuch violence, I defired an attorney likewife to attend. He accord- I ingly [ 23 J Jngly did i but not being witnefs to their proceedings that day with Mr. Garten, thcfirft intelligence I received of them J"" *0' was from Mr. Garton himfelf, who came immediately to my houfe, and . inibrmed me that MefT. Rutherford and Harris had, in fpite of his re- (iftance, (though Mr. Harris afferts there was none) taken away from him the Journal and Ledger of the Theatre by ^^""^'^ ^t. force. The threatened outrages being now aftually com- ' * *'^ menced, I ran to the Play-houfe, where I found MefT. Rutherford and Harris, and, in the prelence of Mr. Garton and the gentleman whom I had defired to attend, demanded the reafon of their conduct to Mr. Garton. Mr. Harris, knowing the gentleman attending to be an at- torney, refufed to give me an anfwer : whereupon I left them for a few moments, and difmiffed both the wardrobe-keepers. I fairly told them what I had done, affigning their violence in the treafury, which befpoke like defigns upon the wardrobe, as my reafon for it. Mr. Harris then fet his foot againft the wardrobe-door, which being very (lightly faften- cd, flewijpen. Mr. Harris walked in, walked out, caufed the door to be padlocked, and departed. For the degree of credit due to T. Har- ris, when he fays I attacked him in terms the moji Jcandalous and jj^ provoking^ I appeal to Mr. Garton and the gentleman who at- tended. Flulhed with thefe exploits, and the promife of fuccefs in their endea- vours to throw their own and our affairs into confufion, they went im- mediately to Mr. Durant, who had joined in Mr. Garton's bond of fecurity to ^// the proprietors. That gentleman, 1 believe, entertained too cruc a fenfe of their conduft, to give them any hopes of his appro- bation of it : nor can I conceive by what argument Mr. Harris means xo prove that fuch a procedure can he deemed conJtJi<:nt with honour, equity^ or honejiy. The accounts are not yet clofed, farm's Let. and till they are dulv made up, the books are the undoubted i>ropcrty of the Treafurer, as well as the vouchers of his integrity, for which fo large a fecurity has been given. Was it in charac- ter for men who thought it highly nccejfary to look minutely into ^*^"s's Let. ihe ac0unts, to offer tojign a general releafe before thty had ^^., ' looked into them at all ? Mult not Mr. Durant and Mr. Garton think fuch areleafe from Powell and Colman tiecejj'ary ibid. for their fafety, as well as from Rutherford and Harris ? Can Powell and Colman give luch a releafe, or the detention of the books be of no concern to Mr. Garton without one, while Mr. Harris pcrfiils to keep his partners fo perfedly ignorant of the ilate of their accounts ? If Meff. Rutherford and Harris had really a right to become jj^-^ their awn treafurer Sy would they have a right to become our trcafureia [ 24 ] trcafurcrs alfo in fplte of our teeth ? or could we poflibly ^W* think our property fo safe, {hould the cuftody of it be tranf- itxvtd, fcrcibly transferred, from Mr. Garton to MefT. Rutherford and Harris ? As to the firft of thofe gentlemen, his own Bankers havrf^ re- peatedly refufcd payment of his draughts in favour of Mr. Garton, for money advanced from out of his own private purfe, to the amount of 250 /. value received. They pleaded indeed at f^rft Mr. Ruthertord*s order to pay none of bis draughts^ but afterwards acknowlct^gcd fuch an order to be needlefs. We could not therefore entertain a very flattering idea of the fecurity of our property in fuch a fituatioh. Mr. Harris not only retains our journal and ledger (the accounts not yet clofed) in his hands, but, according to the beft calculation that can be made, fix or feven hundred pounds more than will be due to him on hw dividend from the profits ofthefeafon. The [fuppofed] balance of the Harms Let. icf^.^Qok being fo exceedingly fmall^ it is incumbent on us as WELL AS THEM /<? examine very carefully into the difhurfements. Mr. Harris, however, not only avowedly detains the books, and delays to repay the monies he has over-drawn, but alio impounds other fums of money due only to the tradefmen and his fellow - proprietors ; and of which he cannot himfelf juftly claim a fingle'fhilling : and all this he does under no other pretence than becaufe Mr. Powell and I will not concur in his and Mr. Rutherford's arbitrarily and ille- ibd ^ ***i* ^^^^ ^^fpoS^Jfing Mr, Garton of the power of ailing as our Treafurer^ and agree to authorize either of them to difpofe of as many India bonds as may be neceffary. The Publick have already been acquainted, that, " in or- '^pl^i?!^*^' " ^^^ ^ complete our purchafe, the fum of fifteen thoufand " pounds was borrowed, v\z. fix thoufand for Mr. Ruther- " ford, five for Mr. Colman, and four for Mr. Powell ; for fecuring " which fum of fifteen thoufand pounds the three fourth fhares of MeH. ** Rutherford, Harris, and Colman, were mortgaged, Mr. Powell " having made over the firft claim on the whole of his fhare." By the inftrument of March 31, 1767, pubiilhed by T. Harris, it appears, that in cafe Colman and Powell^ cr either of them, fhould not, on ^^p!.6. ^*' ^^^fi^fi of 'July following, be prepared with the whole of his or their proportion of the pur chafe-money, Harris and Rutherford fhould jointly and equally advance and pay for him or them, fo much money as fhould be the deficiency of Colman and Powell, or either of thera^ fo that the fum they refpe^ivelypaid down was not lefs than ten thoufand pounds. This agreement conveys at firft fight a wonderftil idea of the property of MeiT. Harris and Rutherford, who could advance, independant of all foreign afliftance, by means of money advanced on the fecurity of the Patent, [ 25 ] Patent, or otherwife, the fum of forty thousand pounds! How far thefe ideas were verified at the time of the purchafe, may be judged from the ftate of the above-mentioned mortgage ; whereby Mr. Ru- therford, one of the fuppofed ajjijlant -parties, was himfelf to borrow the fum oi fix tboufand pounds, and raifed, independent of the patent fecurity, a thoufand pounds lefs than Mr. Colman, one of the parties he had bound himfelf to afllft, who alfo became joint fecurity for iVIr. Powell, This idea of their great property, and our extreme poverty, was endeavoured to be moreftrongly impreficd by MefT. Rutherford and Harris in their Slaughter's Coffee-houfe Narrative, where it is dated that Colman and Powell were deficient in their proportion ^^"^S^^*^ of the pur chafe-money 9000/. whereupon the fum was borrowed, AND Harris and Rutherford were securities for Colman and Powell. If they were aftiamed of owning the true ft ate of the cafe in this inftance, how will they ever pardon my informing the world that, on laft Midfummer-day, they failed in the payment of 2 150/. their pro- portion of 5000/. and intereft then due on that mortgage ? As to poor Powell and myfclf (though Harris and Rutherford had impounded at the bankers our money juftly due, on purpofe to diftrefs us) we paid down 3225 /. our proportion of that payment. Colman, however, to his great misfortune, is refponfible for the payment of the proportion due from Rutherford and Harris , and all the fecurity they have yet given him, is the breaking open the Theatre, and carrying off feveral thoufand pounds worth of the joint property of the four patentees, which they have, as T. Harris pretends, fent down to his houfe in Surry-Street. Mr. Rutherford is fince gone abroad i "^p"^!."^^'* and, after thefe occurrences, we leave the world to judge how far our monied property would be safe in the hands of Mr. Harris, the other would-be comptroller of the treafury, who ftill remains here* Should he too be difpofed to travel, upon which of thefe ymng gentle- men muft Powell and Colman draw for their money ? It is doubtful whether a bill of Middlefex, any more than a chicf-juflice's warrant, would extend to France or the Netherlands. MefT. Harris and Rutherford, before they left the Theatre on Friday the 10th of June, took a particular furvey of Mr. ^""gg^* Sarjant's houfe, and dropped fome hints of fending proper perfons to lodge in it. Their intentions of difpoffefling all the old fer- vants of the Theatre, in order to introduce an entire new fct of their own, now grew every inftant more and more apparent. They had al- ready plundered the treafury, and made inroads on the wardrobe. Mr. Sarjant's houfe was a principal fort of government, and a key to the whole Theatre. The moment they became fole mailers of that, I E expected [ 26 ] cxped^ed to hear it publickly avowed, that they had formed a frparate company of performers. A pcrfon much in their councils had very lately told me, that they thought of engaging certain adlors from Ire- y. land ; and in their converfation with Mr. Powell upon my lall letter, they had avowed their intentions of feizing the ma- nagement ly force^ dcfiring him to put himfelf at the head of their troops, and affuring him that the majority of the performers, although under engagements, would revolt from me, and aft under then>. Every thing, they faid, was ripe for aflion j and they even preflrd him, though to no purpofe, to fuffer them to fubmit to him their plan of operations for the campaign of the enfuing feafon. It was for thefe reafons that the officers of the Theatre, as ^^"gg** well as the performers, ^Ntxt engaged under articles. By the written notices from McfT. Ruthertord and Harris of February 2.5, and their manlfefto of April 27, they had arbitrarily and illegally attempted to di/mifs every perfon belonging to the Theatre. I meant to rfimn them. Mr. Sarjant, however, on whom they were now medi- tating an attack, being infirm and in years, it was thought proper to give himaffiftants to prote6l the pofTeflion he maintained for us, as he had done for our predeceflbrs, on behalf of all the proprietors. Nei- ther Sarjant nor his afTiftants were authorifed or empowered to exclude the proprietors themfelves -, and even thefe precautions would not have been taken, had not the threatened outrages, already commenced* rendered them abfolutely neccffary for the prefervatinn of our rights and fwoperty.in the Theatre. It was determined, in fuch extremities, to ufe every method for the just andh'EGAL defence of it, rather ^TV.^^'" ^^^^ tamely to refign my right tv the conduct of it to any dcfigning and infohnt intruder. The event immediately juftified the truth of my fufpicions, i"!/'' ^"^^ manifefted the neceffity of the meafure : for the alfidancs of Sarjant had fcarce received their appointments, when on Sa- turday the nth of June, the very day of i\\t\x daiCy MefT. LerTl'j Rutherford and Harri-i entered the Theatre (though Tl Harris would feem to convey the ideaof fA:'c/f{/?(>)and brought witb them one Furkins, formerly fervant to Mr. Harris, and whom 1 had, at his inftance, appointed one of our box-keepers. Furkins^ they faid, muft remain in the houfe, lie there, and keep pofieffion of it for them : whereupon they were made acquainted- with the precautions I had taken to proteft Mr. Sarjant in his poffcfTion. They faid, if f objedted to one man, they would have ten^ and that thy would return with them that very evening. They then departed, and Furkins loon followed them. Apprifcd [ 27 ] Apprifed of thefe proceedings, ivhkb lS,ir. Harris^ in his pamphlet^ has fo cautioujly fupprejfcd, and juftly alarmed at the ^""gg"* increafing danger of our property, which feemed to be deftined for a facrifice to malice and refentment; 1 ordered the ftagedoor to be fhut up, leaving no ingrefs, except through Mr. Powell's boufe in the Piazza^ in which there is a door which commmi- "^"^"^ ^J^^** cates with the Theatre. Many of my friends were acquainted with this ftep, and confeffed the melancholy neceffity for it, the mo- rnent it was taken -, and the gentlemen of the Beef-Steak Society, who dined at the Theatre that very day, were witneffes of my diitrefiful fituation, and went out through the houlc of Mr. Powell. The next day, Sunday June 12, (for they did not kt-ep .^^^ their promife ot returning that evening) they were informed by Mr. Sarjant junior of the directions 1 had given. On the Mon- day morning, however, they fent Furkins again to make a formal demand of entrance at the ftage-door. He was refufed. About noon MefT. Harris and Rutherford came themfelves, and fent Mr. Sarjant junior for the keys of the Theatre. I re- ^^'I'^'g^^'* turned my compliments, and that they might go into the Theatre, whenever they pleafed, through the houfe of Mr. PowelK So far from being averfe to enter their own premifes through another man's hpufe^ or aware of my litigious difpofition, they abfoluce- j^^j^ ly determined to go into the Theatre through the houfe of Mr. Powell, "together with two gentlemen who accompanied them. Mr. Sarjant junior informed them, according to my directions given for the above-mentioned reafons, that they alone would he admitted. They took down this anfwer in writing, and retired. The two gentlemen can teftify their non-admittance, and they now know the caufeofit. Meff. Harris and Rutherford now finding that their pro- ,^^ jedted revolution in our (late could not take place fo filently as that in the Rehearfai, refolved upon more vigorous mea- fures. The time between this event and Friday morning they Harns's Let. paffed THUS. Mr. Rutherford bargained with Sawney Mac- gregory, a Serjeant in the third regiment of Guards, to provide him a detachment of ftout fellows to execute an enterprize of fpirit. Mr. Harris engaged his friend Mr. Hyde, the Carpenter, to procure a number of ruffians armed with oaken towels, axes, iron-crows, and fledge-hammers. Accordingly, on the i-jth of June, about fix ^^''"ssLet. o'clock, (a pretty J^f^w/ time of the morning!) Mr. Harris, attended by two witneffes, again demanded admittance for himfelf and Mr. Rutherford^ at Mr. Sarjant' s door, Mr, Sarjant was not ftirring, and E 2 a watch- [ 2? ] a watchman (who is conftantly retained for the prefervation of the Theatre) aftfivered fromwiihifjy that they could only be admitted through Mr. Powell's houie in the Piazza. They had begun their operations of that morning, by caufing a padlock to be put on Mr. Powell's ftreet-door : wherefore T, Harris came to the play-heufe door, in Hart- Jtreei, where Mr. Rutherford wtis ivaiti7tg for him, attended by the troop, whom 1". Harris is pleafcd to call fervants, viz. Sawney Macgregory's foldiers out of their regimentals, (an army in difguife) Mr. Hyde's journey- men, and, as I am told, ibme common hired ruffians from Exeter-ftreer. Theic ferz'ar.ti being ordered /<? open a wirJoiv, as the gentle T. Harris exprefics it, by the application of their fledge-hammers and iron-crows broke the butfide-fhulters, fmafhed the window, forced the infide faft- enings, and found themfelves in lefs than two minutes in one of the dreffing-rooms, the door of which they likewile burft open. One of the people in the Theatre had by this time reached the place. He offered no refinance to MefT. Harris and Rutherford, but oppofed the entrance of the banditti that accompanied them; whereupon he was knocked down, and very narrowly efcaped being murdered. The ftagc was co* . , vered with peopk in ah inftant. The new-comers turn^ 0^52^^^ ed the old tenants out of doors ; or, as I (hould fay, ;put them GENTLY out of the zvindow. From this moment all bufinefs, then carrying on to the June- 17. emolument of all the joint proprietors, was fufpended. Emcrys ^T.^L. ^' ^lowever, the mafler-carpentcr to the I'heatre, coming to his work, as ufual, at that inftant, the new directors gracioufly ordered him to he let in. What is aflcried by T. Harris con- p. 48. cerning voy compelling Emery tofignan article, Emery himfclf abfolutely denies. Seeing them full of exultation at their fkiH 10 houfe -breaking, he told them no fecurities could withftand iron- g crows, axes, and (ledge- hammers ; but thzt he thought- it afirange undertaking. MefT. Rutherford and Harris have avery nrw and peculiar method of proving a fa6t ; a method which they have uniformly purfued ever fince Mr. Powell and I had the honour of their acquaintance. They fit down, and write you a letter, in which, they aflcrt,^ that you know fuch and fuch things t6 be trCie, relating them at the fame time in di- rect contradi(5lion to the real flate of the cafe; by which ingenious device they expert to overthrow all other teftnnony, and to be believed on the forged evidence of their own letters. This was their pradlice on the prefent occafion. Having broken into the play-houfe, and expelled Sarjanr, with all the other old fervants of the Iheatre, on "**^ '48^^^' i^^f^^*^ ^^y i^^ fi^^ ^^ ^ ^^^l^^ f^om the Theatre, wherein they [ 29 ] they pretended to have heen informed cf Mr. PowelVs having ccn* veyed a considerable part of the wardrobe from out of the poj^ fejfwn of the proper officer^' and carried the fame to Brtjiol; and thar, greatly ALARMED at this information^ and determined to make the earliest ENQUIRY INTO THE TRUTH OF IT, they had fcT that furpofe^ on the pre- ceding Monday^ ordered their ferv ant toga to the Theatre^ arid attend j or their coming. Now the real truth is, that they had made an fixW/Vr en-- quiry into the truth of it. The women's wardrobe-keeper \\2,d fold them (and would willingly fwear it) that Mr. Powell had ^^^rris'sLet. t.^ken ^o CLOATHS from the women's wardrobe : and the men's wardrobe-keeper had fhewn them an inventory of what Mr. Powell had taken from that wardrobe. Their previous knowledge of this circum- ftance is one of the main points proved by Whitfield's affidavit : though,: T. Harris, for obvious reafons, has paft it over in filence. What then (hall we fay to a rnan who pretends to have DISCOVERED that many things were taken away by Mr. Powell, Harris s^Let. . but that what in- the whole might be wanting it was impoffible for them to a f certain ? The world, however, agrees that, being unhappily conne<5l:ed with^ two fuch partners as MefTrs. Rutherford and Harris, it was wrong in- Mr. Powell, whatever extraordinary indulgence he might claim as a proprietor, to take three or four fuits to Briftol; and wrong in me who, . as direftor, had the care of that property, however ufual and cuftomary fuch a practice might be, to confent to it. It was wrong. We agree v/ith the world ; but fhould be more fenfibly mortified by their cenfure on this occafion, if it fell io heavily upon ourfelves as on MefTrs. Ru- therford and Harris, The world was apprized of the tyranny and opprefTion, the rancour and malevolence of our aflTociates. We were condemned, therefore, for giving fuch men a handle-, of which, how- ever dirty, they would not fail to take hold. So far were they from previoufly confultivg and advijing with feveral gentlemen of great eminence in all departments of the law p** " concerning this tranfaftion, that no fooner had they feized the theatre, expelled our common fervants, ftripped th wardrobe, and carried it off in carts, together with the mufick, prompt books, &c. to > Mr. Harris's houfe in Surry-ftreet, than they ran down to Weftm. Hall, . to be adviled how to defend their proceedings. It was there wc learnt from the gentleman to whom they applied, that having now enabled themfelves to treat with fomething in hand, they were inclined to liften to an accommodation, and our refpe^Jive counfel appointed the very next day for that purpofe. It was We therefore "^ ^^^^* who were amufed with the hopes of a fair reference^ which im- mediately 13] mediately fell to the ground, on thefe two preliminaries being given in on the part of Meffrs. Rutherford and Harris. 1. That all engagements made by Mr. Colman fhould be void. 2. That fuch of the fervants as had offended Meflrs. Harris and Ru- therford ihould be difcharged. Whoever has gone through thefe Iheets will, I believe, acquit me for rejcdling propolals, with which it was not even in my power, had I been mean enough to have wifhed it fo, to comply. The preliminaries of MelT. Rutherford and Harris, having been delivered verbally, no copy was fufFered to be taken of thofe on our part, which were in writing. I fhould be furprized therefore, if it were nczu in Mr. Harris's power to furprife me, at his pretending to print them in his pamphlet. He has nor, I dare fay, real/y forgot the following two, which, to the aftonifhment of his own counfel, he marked with a pencil, as having a particular objedlion to them. The billSy falaries, ^c. now due to be paid, monies overdrawn to he paid xHy yearly account immediately fettled, and dividend duly made by the trea- furer. Objefted to by Mr. Harris ! No power to be given to any proprietor to controul the usual and or- dinary Payments of Salaries and incidental Weekly Char- ges. Objcded to by Mr. Harris ! Refle5ling now very confiderately on our fituation, and on the ^*p! k^^'^" -V^^ conduct of Meffrs. Rutherford and Harris, the conclufion we drew from it was this. " That finding ihemlelves un- ' deceived concerning their intended Despotism under the article ref- " peding the management, they had immediately laid apian of driving " us (me in particular) out of the theatre, or of lefcinding that article; ** that in the execution of that plan they had perfcveredthrough the whole feafon^ *' by repeatedly infultng me, and paying no more regard to Mr. Powell, ** than if he was entirely unconcerned in the property \ that they had en *' deavoured eflentially to hurt the whole property, and the profits of the paji *^ feafon in particular, by their conftant and unremitting endeavours to " diltrefs and embarrafs us in the conduct of if, that, in fine, they had *' endeavoured^ in open violation of our articles, to engage, to a^ under *^ their direBicn folely, every perfon belonging to the theatre, upon pain of *' large penalties ', and had at lajl abfolutely committed the mod Ha grant " outrages on the theatre, by expelling the common fervants of all the " proprietors, filling it with ruffians, (tiled fervants to Meffrs. Harris " and Rutherford, who had by the alTiflance of thefe ruffians, not only *' checked aii theatrical proceedings for our common intercft, but car- 7 *' rcd [ 31 1 *' ried' OiT by cart-loads our joinc property, to the amount of feveral *' thoufand pounds!" Add to which, that ihefe ruffians ftill held pof- feflion of the theatre, drinking and fmcaking en ths ftage, (a pradlice never fuffered before) and behaving in luch a diforderly manner, as to caufe a magiltrate to fend me the following card, which gave us reafon to tremble tor the pare of our property ftill left in their cultody, as well as for that which they had, with lo very little ceremony, carried away. The Card. " Sir John Fielding's refpefls to Mr. Colman ; flvould be glad to fee him this evening at eight o'clock, to meet Meflrs. Harris and Rutherford, to fettle fome plan tc relieve the fears of the inhabitants in the neighbourhood of Covent Garden Theatre , , relative to the mifchiefi that may happen BY FiR OR OTHERWiSEy from the perfans Now in the houje. Bow-Street, June 21, 1768. Having.no controul over the perfons then in the houfe, nor any defife to meet Mejfrs. Harris and.RiuJperford^ 1 did not attend. While the Theatre remained in this ftate I ventured once or twice, and Mr. Powell oftencr, to take a furvey of the premifes ; ajtd never were men fo much aftonifhed as. we were, to find cur [elves ^^rnss-Let, . info complete a fortification. The precautions Thad taken to prevent the continuance of outrages already begun, were no more than putting a few additional bolts and bars to the doors and windowF, that they might not be forced open, before the civilpower could be called in to prevent a breach of the peace. We did not fpeak to Mr. Hyde^ the mafter-carpenter to the Theatre under the new managers, but we obferved how advantageoufiy be and his men had been "^t * employed in cutting our boards and timber to pieces in order to bar and fortify every avenue and window in the houfe, Mr. Powell's door was particularly barricadoed againfi its owner % ^ -p and the ruffians, whom fear liad made outrageous and defperate, had even broke into part of a houfe in Bow-Street, the exclujive -property of Mr. Powell and myfdf^ to redouble their fortifications. Seeing a bafket of fhavings at one of the ftage doors, I could not help remonftrating to fome of thefe nt'Vi fervants of the theatre^ who had made it a den of thieves, on the danger of fuch a circumftance from Hams's^Len tobacco-pipes., a?id lighted candles. One fellow, who feemed by his appearance unfit to be trufted with a (hilling, told us that he and his colleagues were only taking care of our property, and Mr. Powell had like to have been knocked on the head by another of them, who kept guard in the box-paflage, for not giving the watch-word. So far were they from admitting ^zx^ovi^ who came by our ""J ^^* order ^ that Mr. Sarjant and fon, who were fervanis of the Theatre [ 32 ] Theatre under my dire6lion, were repeatedly Injolned by MefTrs. Ru- therford and Harris to take their things out of the theatre. Mr. Sar- jant*s fon, having occafiori to leave town, took a few neceffarles ; but Mr. Sarj^nt hi mfelf always refufed. TVr etched and rejllefs as T. Harris may have fuppofed me, Harris's^ Let. j ^ould not, triumphant as they thought themfclves, have changed fituations at this period with himfelf and Mr. Ru- therford. They were now in pofleffion, in exclufive poflTeflion ; but could neither legally open, or (hut up the Theatre. They refolvcd however, as being' the moft ruinous, on the latter expedient. They had before told me, as I have before told the Publick, that they fliould not be moved at feeing the' Theatre in flames. It was the language of Mr. Harris, echoed by all his partifans, that he would never give up his point, while there was one brick of the houfe* remaining on another i and he perfonally declared to a gentleman at the Theatre, ^T^^.""^^*^' ^'hom hz found therein with Mr. Powell and myfelf that *' he *' had got pofleffion, and d n him if he did not keep it." It was incumbent on me therefore, in juftice to Mr. Powell as well as myfelf, to apply in his abfence to covnfel and to magijlrates\ T*5i. ^^' "^^'^^ raving and Jlorming, nor ever afFc6ling to be perfeSlly eafy^ but declaring to two perfons in particular, I fuppofe they mean MefTrs. Macklin and Woodward, that \f the theatre Jhould not open next year y I could fupport the lo/s better than MefTrs. Harris and Ruther- ford. Tune. ^ applied then, it is true, to no lefs than three learned and able counfel, three of the moft refpedable names in each de- partment of the law j and the only favour I ever received from Mr. Harris, in order to balance the many and fevere injuries he has done me, is his having afForded me this opportunity of acknowledging in publick the many obligations I owe to thofe gentlemen, as well as to many of the profeffion (for which I have the moft fincere refpeft) con- cerned for MefT. Rutherford and Harris. The counfel on both fides have all concgrred in recommending pacifick meafures j and I cannot believe that any lawyer, or other perfon of confideration whatever, ad- vifed the outrages of the 17th of June, or other violences of MefT. Rutherford and Harris. I will not, after their example, ^^"p\^^" r^^- abciit the heji opinions in the kingdom, as I think it has been extremely illiberal in T. Harris, to dwell with fuch unmannerly iteration on one of the firft names in the law , thought muft do him the juftice to believe he rather meant to render me ob- noxious to the gentleman who bore it, than to dare to give any per- (bnal offence to the gentleman himfelf." Upon [ 33 I Upon a full and impartial date of the cafe, my counfel were of opinion, that the Theatre was entitled to the protedion of the civil power, and ihac a magiftrate ought, if called upon, to a6l on, this oc- cafion. Only one magillrate was applied to, excepc George Wrighi^^ of Great Pulceney Screer, Efq; to whom, upon a conferer.cc on tJiat' fubjccl, one of my counfel declared, that he faw no forci- ble reafon afTigned by the other magiftrate for declining to be ^p'*!^ ^^' concerned. The impertinence of calling Mr. Wrighte one Wright., ^^^^ Efq; together with (he pitiful infinuations of vny prevailing en him^ by what means I know best, is only t(> be equalled by the falfhood of the aflercion, that, without givi g them the leajt notice of his in- tentions, he ijjued his precept to the Jctriff of the county to reinftate Mr. Charles Sarjant in the pojftjfion of the T'heatre. The truth is this : Mr. Wrighte, a gentleman whofe cha- r^j rafter is every way proof againft the mean imputations of T. Harris, aded in the mofl honourable, the moft regular manner. The proceedings were all fettled by counfel. So far from not ^/i;/- T. Harris, &c. the leajl notice of his intentions, that af- ^'p|^,\ *' ter the inquifition was taken and found by the jury, on Fri- day July 8, written notices thereof, wherein the name, additions, and place of abode of the magiftrate were given at full lengih, were fent to the houfes of MefT. Rutherford and Harris, as well as to one Jones at the ftage-door, ieverally. Jones abfolutely faid he would anfwer it. One of Mr. \\2irrWsfive attornies (for he is perpetually Ihifting his ad- vifers) adlually went to a gentleman concerned on our part to afk. ad- vice on the notice. The next day, Saturday July 9, having complied with every due form, the magiftrate iffued his precept to the fheriff. The Theatre, now once more in its natural ftate, yet bore evi- dent marks of the late convulfions. Near twenty bludgeons, with which the ruffians kept guard, were left behind. Every door and drawer, which might be fuppofed to contain valuable property, had been broke open, without even demanding the keys. As to the wardrobes, it would have been impoiTible for an indifferent perfon to conceive that any proprietor could pofiibly have left them in that ftate : for, not to mention the folly of removing any part of the cloaths from drawers and prcffes remarkably well calculated for their prefervation, and apartments wherein they were 2l\{o infured from fire, fome of the richeft and moft valuable were thrown together like foul linnen , and plainly proved the pillagers fo intent on what they carried away, that they were regardlefs of the condition of what they left behind. F Such [ 34 ] Srch are a few plain fa^s^ feUBei from a multitude cf ^s- riarris'sLet. vances, uitb 'ubicb the malignity ot T. Harris has furmfl^ed P" - me. The iruejtate of cur difTcrences is now before the Pub- whofe eyes 1 have never once endeavoured to divert frcm lt)id. p;54. taling a flcedy view of my ccnduSt^ or the U0T\y2.s: for it. Neither in t!iis, nor in my for.r.er Narrative, have 1 once thrown out the name of Mrs. LefTingham, but when truth extorted it from me. To T. Harris and his colleague alone it is owing that her name, as well as their own obfcure names, have been rendered thus publick. I neithrr inflamed our private differences, nor commenced this paper-war : but if MefT. Rutherford and Harris chofe to circulate libels, falle as they were malicious, in print and in manufcript, I was bound to give them an.anfwer; and if the difclofure of the truth brought any part of the pubiick ccnfOre on Mrs. I.efllnghami, as well as themfelves, not I, buC her illiberal fHends, were the caufe of it. A fine lady perhaps may be allowed acomFpetent portion of vanity and caprice, and fome little in- clination to mifchief; but I have too fincere a regard for the fex to be- lieve, that there ever refided in a female bofom fo black a heart, a heart fo rancorous and malevolent as that of T. Harris. To her there- fore, however ofTmfively fhe may have aded, I bear no refentment , nor do I wifh to draw upon her that of the Publick. She, as well as Mr. Rutherford, has, I dare fay, often been mifguided. Mr. Harris muft be humoured ; and has in his nature, among many worfe qualities, the tyranny of a fchool-boy, who will have every thing his own way. To him I afcribe fome letters (he has fent me ; for as they con- Hams^sLet. i2i\n thofs gentle and complacent arguments, with which the pri- vate correfpondence of the gentle and complacent T. Harris fo much abounds, they muft have been forged in the fame mint of falfe- hood and fcandal. To him alfo I afcribe her ferving me and Mr. Powell on the 23^ of June with a copy of a writ on account of her falary, when he knew that he had himfelf locked up the money, with which that, as well as many other payments, ought to have been difcharged. Revenge, mean revenge, is the paffion of a little mind. I do not wonder therefore that tne malice of T. Harris ftiould extend to my friends ; and that there is not a fingle performer, officer, or fervant, for whom he has even fufpefted me to entertain the leaft regard, or who have done their duty by obeying my orders, as diredor of the Thea- tre, whom he has not endeavoured to ruin and deprive of rhcir bread, by expelling them the play-houfe. There is not one among the few inclining to him or his colleague, whatever provocation they may have given me, to whom I have offered the flighteft injury. 2 I con- [ 35 ] I con^der his Addrefs to roe at the end of his pamphlet with the con- tempt due to a man, who caiis upon me to treat with him in pub* iick, becaufe my designs upon his property are fo dan- gerous af:dfo NOTORIOUS, he cannot trust himself again ^'^^^^^*^^^ to treat with me in private. He may perhaps command a - * ' proper authority from Mr. Rutherford, which he therefore fl:des (as a thing of courfe) into a parenthefis : but he is to be taught that there is another pcrfcn, whom he contemptuoufly omits to oien- tion, (even in a parenthefis) whole authority is as requ'.fite as Mr*Ru- therford's, his own, or mine, to conclude upon the terms of any treaty concerning our common property : I mean Mr. Powell. In regard to Mr. Rutherford, it is certain, whatever authority he may have given Mr. Harris to negotiate this treaty, that he did alio authorize, by a letter from abroad, a gentleman of known charader and reputation in his profefficn, to declare that Mr. Rutherford's (hare in the Theatre was to be fold ; and to demand as the price of 'u.,'tbe balance ff the cajh-bcok laft feafon being fo exceedingly fmally o\LY eighteen thoufand five hundred pounds : to get more in- V deed, if pradicable, but not to tre^ for lefs": and confider- ing that I by my weak cr wicked nufmanagement have only lejjened the cuftomary profits near one half this demand cannot ^' ^'* be thought very unrealonable from a malecontent proprietor, who may naturally wifh that the purchafer (hould make him fome tempeofation for the injuries he has fuftained by the mifmanagement of Mr. Colman. The ule, however, which T. Harris makes of the name of his col- league^ naturally leads one to obferve the confidence and fingulariry of his prefent condud. He and Mr. Rutherford jointly compofe one ne- gative. Mr. Rutherford goes abroad; one moiety of the negative va- niihes; and the other moiety (by * very flrange kind of logick) becomes an affirmative. I fhall pafs over in filence his three firft propofals -, but as to the fourth, the only one which feems cither plain or intelligible^ or has the leaft coloor of that Jaimefs or equity to which he ^^^^^^^ pretends, / do hereby aver to the Publick, for to the PuBLicK ALONE I NOW ADDRESS MYSELf, that whenevcr T. Harris and his Colleague will prefer their bill in Chancery againji us, refpe^ing our pre- sent Articles and past Transactions, neither I nor Mr. Powell will mcke any del(^ in putting in a Jull andfufficient anfwer. And I now, in this public manner^ call upon them to file this long- threatened bill againfi us : And I do hereby pledge my honour, not to T. Harris, but to the Publick, that no means or endeavours of mine, or Mr, Powell, fhall be wanting to bring it to afbort and fpeedy conclufion. It [ 36 ] It now only remains to aflurc that Publick, whofc protection we have already fo often experienced, that we are determined to open the Play- houfe at the ufual tinie j and then to fubmit it to their tribunal, whether they will fufFer the infolence and tyranny of T. Harris to interrupt their amufcmehu, as well as to opprefs us and the reft of their iervants ia Covent-Garden Theatre. August i6, 1768, FINIS, NARRATIVE OF THE RISE AND PROGRESS OF ^THE DISPUTES SUBSISTING BETWEEN THE PATENTEES O F COVENT-GARDEN THE AT RE. LONDON: PRINTED FOR MESSRS. FLETCHER, AND ANDERSON, IN ST. PAUL'S-CHURCH-YARD. t MDCCLXVIII. iOSOiiG O L O G Y. An advertifement having appeared in the Public AdvertiferoF Ja- nuary 27, figned George Colman, importing that a ftate of the differences fubfifting between the proprietors of Covent-Garden theatre would be fpeedily publifhed j T. Harris and J. Rutherford, two of the patentees and proprietors of the faid theatre, conceiving themfclves to have been greatly injured, both in perfon and property, by the faid George Colman, think, it incumbent on ihem, as well in juftification of themfelves as out of refpedl to the publick, to prevent, as far as lies in their power, any mifreprefentation of fads in which they have been concerned. They hope, therefore, it will not be deemed impertinent in them to fubmic their own narrative of the cafe, fupported by indubitable and authentic evidence, to the impartiality of the publick ; on whofe protedtion and encouragement, the fuccefs of the theatre, and the fecurity of their property in it, immediately depend. T. Harris. J. RUTH]?RF0RD, A 2 [ ] A NARRATIVE OF THE DISPUTES BETWEEN THE PATENTEES OF COVENT-GARDEN THEATRE. T> H E patents and properties belonging to Covefit- Garden theatre being on fale, purfuant to the late Mr. Rich's will, T. Harris and J. Rutherford, two of the prefent patentees, formed a defign of purchafing them, and entered into a treaty with Mr. Rich's executors for that purpofe. On farther deliberation, they judged it expedient to invite fome third perfon, of abilities and experience in theatrical affairs, to join with tliem in the intended purchafe. Mr. William Powell, an aftor of known and acknowledged merit in his prefeflion> was accordingly B thought [ ] thought of, and made acquainted with their defign. But, as Mr. Powell was then under an engagement to the patentees of Drury-Lane, he lliDUght it an obftacle to his entering into that propofed j nor could he, on the matured confideration, find any other means of obviating this dif- ficulty than that of inviting George Colman, Efq; a friend of his, to 'hcy in like manner, jointly concerned in the affair. This, therefore, he propofed ; reprefcnting, at the fame time, what great advantages would be derived, particularly in the management of the theatre, from a connexion with a gentleman of his extenfive reputation and abilities. To this propofal Harris and Rutherford, thinking the concurrence of a fourth perfon unneceflary, were fome time averfe, till the confide- ration of Mr, Colman*s talents as a dramatic writer, and his known familiar intercourfe with the ftage, induced them to acquiefce ; in hopes of reaping at lead fome of thofe many advantages on which Mr, Powell fo warmly expatiated. On the 31ft of laft March, therefore, the parties entered into articles, for proceeding in the treaty begun by Harris and Rutherford -, who were thence empowered to purchafe, on the joint account of all four, the faid patents and properties of the theatre, at a fum not exceeding fixty thoufand pounds ; which fum was to be advanced in equal proportions by each party ; who were accordingly to become jointly poflefTed of, and interefted in, the patents and properties fo purchafed, and to be jointly and equally concerned in the management of the theatre. By the fame articles alfo they feverally engaged to execute proper deeds and inftru- ments for that purpofe when the purchafe lhould.be compleated. On the 3Gth of April following, Harris and Rutherford adlually contrafted for the patents and theatre ; depofiting at the fame time the fum of ten thoufand pounds, their feparatc property, in part of the pur- chafe [ 3 ] chafe money; the remainder of which was to be paid on the firfl: of July then next cnfuing. The contrafl being thus made, the four parties foon after met together. In order to fettle the form of articles, to be entered into, in conformity to their preceeding agreement ; when, to the great furprize of Harris and Rutherford, Mr. Colman propofed that he himfelf fhould be inverted with the whole and fole management of the theatre. Manifeft, however, as was the abfurdity of any perfon's fubje6ting fo confiderable a fharc of property to the uncontroulable difpofal of another, Mr. Powell aflented to this ftrange propofal ; by which he was to embark fifteen thou- fand pounds in an undertaking, with the condud of which, even in the greateft emergency, he was to have nothing to do. It muft be owned that Harris and Rutherford entertained at that time no doubt either of Mr. Colman's capacity or inclination to condu6t the theatre to the bed advantage ; but, as it was impolTible for them to be affured that no finifter accident might render their interpofition neccflary to the fecurity of their property, they conceived no men of common fenfe could ftand excufed for diverting themfelves of the power of fuper- intending it. Add to this, that Harris and Rutherford gave Mr. Colman repeatedly to underftand that, as they Ihould engage in no other em- ployment, they intended, in conjunftion with him, to make the manage- ment of the theatre at once their occupation and amufement. They objeded to Mr. Colman's propofal, therefore, not only as abfurd in itfelf, but as being contrary to their known intentions in the purchafe of the theatre, and inconfiftent with the terms of agreement on which that purchafe was made. Willing neverthelefs to indulge Mr. Colman in his defire of appearing the a6ting manager, the following articles were at length agreed to. B t ARTICLES [ 4 1 ARTICLES OF AGREEMENT, RESPECTING THE MANAGEMENT OF C O V E N T-G A R D E N THEATRE. WHercas Thomas Harris, John Rutherford, George Colman, tnd William Powell, by certain articles of agreement, dated the 3 ill day of March laft, did agree to purchafe of the reprefentatives of John Rich, Efquire, deceafed,two patents for exhibiting the atrical performances, and the feveral leafes of Covent- garden theatre, and the rooms, buildings,, conveniencies, furniture, cloaths, fcenes, decorations, mufic, entertain- mentS) and all things belonging to the faid theatre, and the faid Thomas Harris and John Rutherford,, were thereby authorifed to treat for and pur- ' chafe the fame, at a fum not exceeding 60,000/. and the purchafe-money was to be advanced by the faid parties equally, and they were to become jointly pofTefTed of, and interefted in the premifes fo to be purchafed, .and were to be jointly and equally concerned in the management of the faid theatre, and were to execute proper deeds and inftruments for that purpofcy when the faid purchafe (hould be compleated. And whereas the faid Thomas Harris and John Rutherford, have accordingly contraded and agreed with the reprefentatives of the faid John Rich, for the pur- chafing of the faid patents, leafes, premifes and things, at and for the .fum of 60,000/. and fuch purchafe is to be compleated on the firfl of July next. Now the faid feveral parties having perufed, and fully under- Handing the purport and contents of the faid contrafl, do approve of and confirm the fame, and having alfo in confequence thereof taken into their confideration the management of the faid theatre, they have for the better and more eafy conducting the bufinefs thereof, as well as for their joint and equal benefit and advantage, agreed, and do hereby mutually declare and agree, I. That [ 5 ] I. That notwithftanding any thing contained in the faid agreement already made between the faid parties, the faid George Colman fhall be invefted with the diredlion of the faid theatre, in the particulars following, viz. That he fhall have the power of engaging and difmiding performers of all kinds; of receiving or rejedting fuch new pieces as fhall be offered to the faid theatre or the proprietors thereof; of cafling the plays; of appointing what plays, farces, entertainments, and other exhibitions,, Ihall be performed ; and of condudling a!l fuch things as are generally underftood to be comprehended in the dramatic and theatrical province. II. That the faid Thomas Harris and John Rutherford, fhall be defired to attend the comptrollment of the accounts and treafury relative to. the faid theatre. III. Provided always and in as much as the faid Thomas Harris and- John Rutherford, will have leifure to attend to the affairs of the faid theatre, and the faid William Powell is to be engaged as an a6tor or per- former on the ftage, (for which purpofe feparate articles are intended to be entered into between him and the other parties) in which his time and attention will be chiefly employed and taken up, fo that he will not be able to apply himfelf in the managing the bufinefs of the faid theatre. It is there- fore hereby further agreed, that the faid George Colman fhall from time to time, and at all times hereafter, communicate and fubmit his conduct; and the meafures he fhall intend to purfue, unto them the faid' Thomas Harris and John Rutherford; and in cafe they fhall at any time fignify their difapprobation thereof in writing unto the faid George Colman,, then and in that cafe the meafures fo difapproved of, fhall not be carried into execution, any thing before contained to the contrary notwithfland- ing. Yet neverthelefs with refped to the faid William Powell, it is in- tended and agreed that he fhall at all times give his advice and afTiflance relative to- any part of the bufinefs of the faid theatre, when thereunto defiredi [ 6 ] dcfircd by the other parties. Witnefs the hands of the faid parties thi$ 14th day of May, 1767. "Witnefs Thomas Harris. James Hutchinson. John Rutherford. George Colman. William Powell, It is prefumed that nothing can be more clear and explicit than the rcftriftions contained in the third claufe of the above articles ; and that Mr. Colman underftood them in the moft literal fenfe, will fully appear when we come to exhibit his letter of the firft of November following.* On the 28th of the fame month, it was judged proper for the patentees to enter into the fubfequent agreement feverally, refpefling them all as proprietors of theatrical entertainments, and refpefbing Mr. Powell in particular, as to the fcrvices expeded of him in his profeflion as an ador. MEMORANDUM OF AN AGREEMENT BETWEEN THE PAT ENTEES OF COVEN T-G A R D E N THEATRE, AND MR. WILLIAM POWELL. iVlEmorandum, it is agreed this 28th day of May 1767, between George Colman, Thomas Harris, and John Rutherford, Efquires, and "William Powell, the intended purchafers of Covent-garden theatre, and the patents, leafes, matters, and things thereunto belonging, as follows, * Inferted in the coarfe of the narrative. viz. [ 7 ] viz. That the faid William Powell fhall and will be employed as an aiflor or performer in the faid theatre or playhoufe, for the benefit and advan- tage of all the faid parties, for and during the term and fpace of feven years, from the firft day of September now next enfuing -, and the confideration thereof fhall be paid out of the interefts and profits of the faid theatre, at and after the rate of 400/. per annum, at fuch times and in fuch pro- portions as the faid William Powell (hall think fit and require the fame, and fhall alfo have a benefit every feafon during the faid term, clear of all deduflions and expences whatfoever. And it is hereby further agreed, that in cafe any other performer or player to be engaged by the faid par- ties, (hall have a larger falary than is hereby agreed to be paid or allowed to the faid William Powell, then and in that cafe fuch addition (hall be made to the faid falary of the faid William Powell, as will exceed the falary of fuch other perfon or perfons. And it is further agreed, that neither of the faid parties fhall, after the firft day of Odober now next enfuing, during his intereft and concern in the faid theatre, a6t, or write or have any (hare, intereft or concern in for or upon any other ftage, theatre or playhoufe whatfoever. And alfo that any of the parties producing any new play, farce, entertainment, or other'exhibition, or any alteration of an old play, farce, &c. fhall have and be entitled to the common and ufual emoluments accruing to authors from fuch produdion, exclufxve of the other parties. Witnefs George Colman. James Hutchinson, Thomas Harris. John Rutherford. - William Powell. On the firft of July the contrad with Mr. Rich's executors was com- pleated, the remainder of the money paid *, and the proper aflignments executed. * It ill becomes a man, who confers a voluntary obligation, to remind the perfon obliged of the favour done him. T. Harris would therefore have b;en filcnt, with regard to the 4 pre- I 8 ] It will hardly be fufpeflcd by any reader, poflefled of common-fenfe <r acquainted with the principles of common jufticc, that any one of the parties, fubfcribing to articles fo very explicit and determinate, (hould fake upon him, almoft immediately, to aft in dire<5t contradiftion to them. At the meeting of the company before the opening of the theatre, how- ever, Mr. Colman's behaviour began to appear in a very extraordinary light. It was very natural for Harris and Rutherford to fuppofe that Mr. Colman, who was perfonally known to the performers, would introduce the principal of them, at leaft, to his brother patentees, on their firft ap- pearance at the theatre. So far, however, was he from doing this, that when they were advancing to fpeak to him, as he was feated on the middle of the ftage, he rofe up, and with a petulance he could not conceal, defired them to withdraw, left they Ihould interrupt the rehearfal ; leaving them to introduce themfelves to the company, and take their own feats where they might think proper. Difrefpedlful as this behaviour appeared, it would have been thought too infignificanta circumftance to be here taken notice of, did it not lend a clue to the maze of Mr. Colman's future proceedings ; all which afford the moft circumftantial evidence that he had, even fo early as the open* ing of the theatre, formed a defign of afling as if the other proprietors had fubfcribed to his firft romantic propofal of being fole manager, inftead of his having engaged " from time to time, and at all times, hereafter to -*' communicate to and fubmit his condud, and the meafures he fiiall predicament in which Mr. Powell flood at the time of this payment, had not Mr. Powell been pleafed, more theatrically than gratefully, to deny that when he had none but perfonal Security to offer for a confiderable fum of money which he borrowed on this occafion, T. Harris did agree to give the lender a real fecurity of his own ; without which the money ti/ould not have beea advanced. Of this the fad itfelf is an inconteiUble proof. 3 intend $ 3 intend to purfue to T. Harris and J. Rutherford.'* Mr. Colman'indeed Ibon grew too impatient of even the appearance of controul, to fubmit any thing to the judgment of his colleagues ; and though, after much xpoftulation he affented to a weekly meeting, for advifing about the bufinefs of the theatre, it lafted only a few weeks , nor was it of any effed while it did laft; as Mr. Colman was neither pleafcd to lay open his whole plan, in order to know the opinion of Hasris and Rutherford <:oncerning it, nor tO at in conformity to their opinion when he 'did know it *. It was not till Thurfday the 29th of Odober, however, that Mf, Colman openly and avowedly difclaimed their right to lay him under any reftraint ; which he then did, in the moft pofitive terms ; declaring that he would never difclofe to them any of his future intentions, but would be refponfible to thcpublick only, and not to them, for the confe- quencesf. Mr. Colman has endeavoured to juftify this proceeding, by pretending that Harris and kutherford were too little converfant in theatrical matters to advife him on thefe occafions. But though w6 fliould grant that the want of experience in what is doing behind the curtain, prevents a perfon's knowing what will pleafe before it, was Mr. Colman ignorant of their inexperience in this particular before ? Did he not know they were neither authors nor aftors by profeffion, when he figned the articles fubjefting himfelf to their controul ? It is not for Harris and Rutherford to determine how far the above plea is valid ; they are but too well convinced however that an impartial review of the boafted (kill andabilitie?, Mr. Colman has difplayed in the management of Covent'^Garden theatre this feafonV will afford fmall proofs of the proficiency he made in the dady of theatrical management, for many years behind the fcenes at Drury-Lane. f- As to Mr. Colman's particular motives for fuch a declaration at that time, we (hall confider the validity of them, when compelled to examine into the propriety of his conduft as a theatrical manager. At prefent we are only Hating the fads, which may enable the .publick to judge of the rectitude of his behaviour, as a man. C In t w 1 In this refolutlon he pcrfifted, in fpitc of all remonftrances, till the Sunday following-, when, notwithftanding he had declared, and that even on the Saturday night preceding, he would have no farther communi- cation with them, he addreffed to them the following epiftle : TO THOMAS HARRIS, ESQ.; AND JOHN RUTHERFORD, ESQj Gentleman, 1 Have feen Mr. Powell -, but after what has paft, a perfonal Intercourfe between us cannot be expefted. According to our articles, I fhall from time to time fubmit to your corifideration the meafures I propofe to purfue in the management of the theatre, and any meafures againft which you fhall jointly proteft in writing, according to our articles, fhalJ not be carried into execution. Nov. I, 1767. Surely nothing can be more plain than that Mr. Colman, at the time of writing the above letter, underftood the articles he had entered into, in the moft literal fenfe ; and that he had then no conception of making that artful diftinftion between the letter and fpirit of them , "which he afterwards judged it expedient to do in his letter of January 5 following*. * Inferted in the coarfe of the narrative. What What conftrufblon can then be put on his condud, in calling together the principal performers the very evening of the day in which he wrote this letter, in order to perfuade them that he was folely invefted with the abfolute management of the theatre ? Yet, inconfiftent as fuch behaviour mufl appear, this he did without having feen or heard from Harris or Rutherford -, inviting the faid adors to a tavern, where' he difingenu- oufly communicated to them the fubftance of the firfl: claufe of the articles before inferted f, to give colour to his pretenfions; entirely fupprefling the third claufe, by which his power was fo exprelsly limited. This tranfadlion, of courfe, reduced Harris and Rutherford to the neceflity of reading to the company, aflembled on the ftage next morn- ing, the whole of thofe articles. In confequencc of which ledure, Mr. Colman did apparently take Ihame to himfelf, and declare, in the prc- fence of MefTrs. Woodward, Smith, Gibfon and others, that he would for the future fubmit the meafures he intended to purfue, to the confidc- fation of Harris and Rutherford, agreeable to the tenor of their articles^ and the fubftance of the letter he had written them the preceding day. The reconciliation which enfued on this declaration, gave Harris and Rutherford fome reafon to hope that affairs would now be carried on in an amicable manner, and conformably to thofe intentions, with which they engaged in fo confiderable an undertaking. They were very foon furprized however with the information of Mr. Colman's having, on his own authority, and without their knowledge or confent, taken upon him to engage Mr. and Mrs. Yates , the former at ten pounds a week, with a benefit, and the latter at five hundred pounds for the feafon, with a like benefit J. t See page 4. X Not that Harris and Rutherford would have obje(Eled to the expeiice of this engage- ment, or to any other conducive to the entertainment of the publick, could that have been G z effefced t 12 1 The furprizc of Harris and Rutherford, at this information, was by fb much the greater, as all the four proprietors, in a confultation held fome few days before on the fubje(5t, had been unanimoufly of opinion,, that as their company then ftood, it was impoflible, without breaking through the eftabiifhed cuftoms of the theatre, to avail themfelves pro- perly of the fervice of thofe excellent adors. Add to this, that, having a right to think their confent neceflary to Mr. Colman's forming an en- gagement of fo much expence and confequence, they could not help regarding it as another grofs breach of the articles fubfifting betweea them*. To this adl ofMr. Colman's, neverthelefs Mr. Powell, not only afl*ented,^ but even affeded to juftify it: from what motives we prefume not to. fay ; as we ftvould be very forry to impute any adlion to a fmifter defign^ tfFcfted in any proportionable degree. They by no means wiffi to facrifice the amufements. of the town to their private emolument; but it is to be obferved, that when a company is, full^ the engagement of additional performers, even of the greateft merit, mud create great confufion, and at lead render thofe ufelefs who would otherwife have fupplied their places. There is no doubt that Mr. and Mrs. Yates would in any circamdances be a valu- able acquifition to either theatre, although, from their too late engagement the prefent feafoa at Covent-gardcn, they have had (particularly Mr. Yates) fewer opportunities of difplay- ing their refpeftive talents, and confequently of being fo ufeful as their great reputation* might give reafon to expeA. It has been pretended by Meflrs. Colman and Powell, that Harris and Rutherford, though not privy to the engagement of Mrs. Yates and her hufband, did afterwards aflent* to that meafure; of which their acquiefcing in the payment of their refpeftive falarieSf i a proof. It may be alked however, in anfwer to this. plea, what could Harris and R\x-, therford have done to any purpofe after the contral was aftually made ? Had they put an. abfolute negative, as they were empowered to do, on the fulfilling fuch contract, would not Colman and Powell have had a very plaufible, if not a juft, pretence, to charge them, with a penurious reluftance to contribute their utmoft to the entertainment of the town ? a pretence which, they beg leave to affure the pubiick, never had, nor ever fhall have, any, loandation either in their principles or condudl. which". r 3 J T;thich may be fairly attributed to an ingenuous one. If the public how- ever, take into confideration, that Mr. Powell became entitled as an ador, to the addition of one hundred pounds to his yearly falary, in confequence of Mrs. Yates's receiving five hundred, we leave them to make what com- ment they pleafe on Mr. Powell's condu6t in this particular*. Perhaps they may be afllfted in making flich comment by Mr. Powell's, flibfequent behaviour. Certain it is, that Mr. Powell carried his aflent to Mr. Colman's pro- ceedings a very unwarrantable length ; a remarkable inftance of which Ibon after prefented itfelf ; when, at a meeting of all the proprietors, the latter propofed his taking out of the treafury of the houfe, a fum between fixty-four and feventy pounds, on account of his having inferted a few fines in the comedy of the Rehearfal-f, and his intended alteration of the tragedy of King Lear; in which propofal Mr. Powell molt readily ac-- quiefced. As it was impoflible alfo for Harris and Rutherford to know how far the projected alteration of King Lear might entitle Mr. Colman to that fum-, and, as they were willling to allow of every emolument due to him as a In order to obviate any fufpicion of finifter views in Mr. Powell, it has been given out that he could not take the advantage above-mentioned, of the agreement with Mrs.. Yates, becaufe Mr. Woodward had likewife a greater falary. But it is to be remarked that Mr. Woodward's engagement with the theatre was antecedent to the formation of the articles with Mr. Powell ; by virtue of which he was entitled to a larger falary than any other performer or player hereafter *' to be engaged,'' in the fervice of the houfe. See memorandum of thofe articles, p. 6.. t A cuftomary liberty taken from time to time with this play in reprefentation ; and particularly by the celebrated manager of Drury-lane, who, we are affurcd, never charged a fingle farthing to his brother patentee for fuch fervices. i writer^ [ >4 ] writer, they did not direftly oppofe the propofition then made ; yet could not help mentioning the impropriety of taking out the money till the altered play was produced*. In return for this complacency on the part of Mr. Powell, Mr. Col- man, at the very fame meeting, as readily aflented to the former's moft unreafonable demand of a benefit, to indemnify him for the lofs he fhould fuftain in not ading at Briftol theatre the enfuing fummer. Nay Mr, Colman went fo far as to infill warmly on the reafonablenefs and equity of fuch demand ; notwithftanding it was exprefsly ftipulated in the***" articles which they mutually entered into on the 28th of May, that non of the parties fhould after the firft day of September then next enfuingi be concerned in any other theatre whatever -f. The abfurdity, not to fay the infolence of this proceeding, could not fail to flrike Harris and Rutherford in a very peculiar manner, and to fuggeft a fufpicion that McfTrs. Colman and Powell had formed the defign of taking an advantage of their ignorance of playhoufe cuftoms and artifices, to difpofc of the general property of the theatre at their own pleafure, and to lofe no opportunity of converting it to their private emolument. How far fuch a fufpicion was juftified by the above fads, is fubmitted to the determination of the publick. * Mr. Colman did neverthelefs appropriate the faid fum, although he did not produce the play, nor indeed appear to have it ready, even on the fecond of January following; when he was exprafsly required, by letter from Harris and Rutheiford, either to pro- duce the play or repay the money into the treafury of the theatre ; neither of which he thought proper to do: fo that the money thus appropriated by Mr. Colman, (i. e. near feventy pounds) ftands at prefent as an equivalent for the few fpeeches inferted in thtf Rehearfal; a performance which on the fecond night of its exhibition did not bring feventy pounds into the boufe. f See the copy of thofe articles, page 74 With [ 15 ] With regard to Mr. Poweirs adling at Bnftol ; Harris and Rutherford conceiving that his advice refpeding the management of the theatre, might in the fummer-time be difpenfed withj they, in order to fhevv their unwiHingnefs 'to deprive him of any pecuniary advantage which they could reafonably afford him, at length aifented to his going, notwith- ftanding they conceived it derogatory from the charader of a patentee of one of the Theatres-Royal in London, to think of fuch an ex- pedition*. The next irregularity Committed by Mr. Colman, was produ6livc of the moft flagrant proofs of his being determined to break through every reftraint his articlesi' laid him under; and of afting not only without the approbation of Harris and Rutherford, but in direft oppofition to their moft pofitive and legal remonftrances. This was on occafion of the per- formance of the play of GymbeKne; which, on account of fome perfonal altercatiori that had paft relative to the cafting of the parts -f,. had been by mutual confent for fome time laid afide. The duty of the patentees however, requiring the exhibition of that play for one night J, Mr. Col- man laid hold of that opportunity to order its repetition -, notwithftanding he knew fueh a repetition muft be extremely difagreeable to Harris and Rutherford; as tending to revive the difputes which that play had before occafioned : a confideration that would doubtlefs have had fome weight with Mr. Colman, had he duly ftudied the peace and good order of Harris and Rutherford would indeed have given Mr. Powell formal leavt m writing to go to Briflol ; but to this Mr. Colman objedled ; the money arifing from a benefit, appearing both to Colman and Powell the more elegible objed. f Mr. Colman wanting Mifs W to play- the part of Imogen ; which Harris and Rutherford conceived would be better fupplied by Mrs. L , who had played it the pre- ceeding feafon at Drury-lane. On Mrs. Yateb's joining the company however, and refufing to give up the part, it was afilgned to neither. J December 28. the I 6 ] the theatre; circumftances of much greater confequence than either the profits arifingto the proprietors, or the entertainment afforded the publklc by the exhibition of the play in queftion*. Harris and Rutherford there- fore, thought it necelTary on this occafion to fend Mr. Colman the fol- lowing card, after the play had been given out for the fecond time. TO G. COLMAN, ESQ.; JVl R. Harris and Mr. Rutherford prefent their compliments to Mr* Colman, are much concerned that he direded Cymbeline again to be given out. Mr. Colman is well acquainted with their fentiments on the fubjefl, and how much it is their defire that play Ihould, for the prefent, be poftponed, Doubt not he will condud this affair accor* dingly. Monday 28 Dec. 1767, 11 o'clock at night. Mr. Colman ftill perfifling in his defign, another earneft remonftrance^ defiring him for their mutual quiet to defift from his purpofe, was made him the next day ; which proving ineffedual, the following prohibitioa was fent him in form. TO G. COLMAN, ESQj Sir, We abfolutely difapprove the performance of Cymbeline at ouif theatre untill farther confideration. Wedncfday. 30 Dec. lyCj, T. Harris, J. RuTHERFORt).' Efpecially as it was frequently exhibited at Drury*lane. To i '7 "i To the above formal prohibition was annexed the following letter. SlR> V-/UR right to forbid the rcprcfentation of the above play we draw from the articles entered into between us j from your letter of the firft of November lafl:, which runs thus^ " any meafures agahft ' which you Jhali jointly proteji in writings jhall imt h^ tarried into * execution ;" and from your folemn declaration to the fame purpofc the fucceeding day, in prefence of Mefifrs. Woodward, Smith, Gib- fon, &c. It is with the lefs regret that we write in this abfolutc manner, as our repeated defires on this occafion have failed to make the Icaft impreflion. We are, Sir> Your humble Servants^ T.Harris. Sent away at 12 o'clock at noon. J. Rutherfor oi In anfwer to the above, about an hour after, Harris and Rutherford received the following laconic ejMftle from Mr. Colman, with Mr. Powcirs approbation, as under annexed. TO [ 18 ] TO T. HARRIS, ESQ^ AND J. RUTHERFORD, ESQj Gentlemen, 1 Have juft received your mandate, and will print it as a reafon to the publick, for performing no play to-morrow. Dec. 30, 1767. G. COLMAN. Gentlemen, VJ R E A T part of our boxes being taken for the play of Cymbeline, great damage mull accrue to my property, by your method of proceeding, and I muft appeal to my friends and the public for redrefs. I moft fincercly concur with Mr. Colman's fentiments above, and fhall abide by his determination. I am your humble fervant, W. Powell, Juftly alarmed at. the above threats of Mcflrs. Colman and Powell ta (hut up the theatre, Harris and Rutherford took proper meafures to prevent their defigned interruption of the public entertainments, and fcnt notice of it to Mr. Colman, as follows : T O I ^9 ] TO G. COLMAN, ESQ.} Sir, A F you refufe to give dire(Elions for a play to-morrow night, we fhall : Whether they will be obeyed or not, is for future confidcration. What you are pleafed to call our mandate, can be no Teafon for (hut- ting up the theatre, as you have the whole circle of the drama (Cymbe- line excepted) from whence to clefb the play. Whatever damages may arife, we doubt not will be at your peril, as they can only enfue from your committing a breach of the mod folemn and legal engage- ments. Wc are your humble fervants, Wednefday, 30 Dec. 1767, T. Harris. 4 o'clock. J.Rutherford. It is prefumed the above letters need no comment : and wc leave the publick to judge of the condu6l of a man, who could thus deter- mine to abandon * the management of the theatre, merely becaufe he And that Mr. Colman did abandon the theatre is evident, from his leaving Powell to give out the play at his own indlfcretion, and the prompter's notice to Harris, dated the fame evening. TO T. HARRIS, E S Qj Sir, BY Mr. Powell's order, the Clandeftine Marriage will be reheafed to- morrow at ten. Yoar mofl obedient fervant, JoSEtH YOUKG8R. D 2 was [ 20 ] was required to afl in conformity to thofc articles, by which fuch management was put into his hands. We will even fuppofe, for a moment, the above prohibition on the part of Harris and Rutherford to have been merely a groundlefs and capricious difplay of that authority which the negative claufe in their articles confefledly invefted them with. Yet furely as it was the firft prohibition of the kind, and Mr. Colman had the whole dock of plays to apply to, one only excepted, nothing can excufe him for this rafh and precipitate refolution ! But if, on the other hand, fuch prohibition was founded on motives which every man of fenfe and fenfibility mufl: feel the force of, while the refolves of Mr. Colman were the mere effect of fpleen and refentment , his behaviour muft furely appear not more abfurd than criminal. But though Mr. Colman thus precipitately withdrew himfclf front the theatre, he left Mr. Powell to give out the play in difpute ;. which was accordingly adted on the thirty-firft of December, in open defiance of Harris and Rutherford, and in direct breach of the articles, fubfifting between the patentees. On this proof of Meflrs. Colman and Poweirs total difregard to their engagements, Harris and Rutherford grew naturally more and more alarmed at the apparent danger of their property. They judged it im- mediately expedient therefore to audit the accounts of the theatre, and to enquire into the ftate of the wardrobe ; to which latter there had been lately made very confidcrable and expenfive additions. To this end they ordered the treafurer to prepare his accounts, and wrote the following letter to Mr. Powell. And that of the moft unmanly refentment ; of which there might, and will, be pro- duced the moft " damning proofs," if Mr. Colman (hould carry his indifcreiion fo far as to make it neccfTary. TO [ 21 I TO W. POWELL, ESQ^ Sir, VT E defire you will prefcnt our compliments to Mrs. Powell *, and acquaint her we defire fhe will be pleafed to fend every thing in her pofTefiion appertaining to the theatre, to the wardrobe-keeper's office, as we intend forthwith to examine the ftatc of both wardrobes : that you will alfo inform her we are much obliged to her for the trouble fhe hath, hitherto incurred ; but requeft fhe would not make any farther purchafc on account of the theatre, as we fhall give diredions to the treafurcr to pay nothing bu( incidental charges, until previoufly confented to bjr vs. T. Harris. Dec. 31, 1767. J Rutherford. Mr. Powell's reply to the above rcquifition. T O T. H A R R I S, E S Q,; AND J. R U T H E R F O R D, E S Q^ Gentle men's 1 O U R direfllons to Mrs; Powell cannot be complied with. The unappropriated cloaths belonging to the theatre, have ever been kept * Mrs. Powell having obligingly taken the trouble to make many confiderable purchafes for the ufe of the theatre. OUC [ " ] out of the houfe, under the care of one of the proprietors,' They are now in my pofleflion, always free for your infpedion, and forth-coming for the proper ufe of the theatre. However you may efteem Mrs. Powell for the care and trouble Hie has taken to herfelf concerning the property, I believe every gentleman that has made an advance in the purchafe, when they are acquainted with it, will think themfelves greatly obliged to her. Whatever your doubts may be for the fafcty of that part of your property in my pofTcfllon, I know not i but this I know, that my conduft has hitherto been fuch as not to have my honefty or Mrs. Powell's called in queftion ; fo that you may be afiured your property is ever fafe with either of us. Your humble fervant, I Jan. 1768. W. Powell. P. S. Mr. Colman by our articles is invefted with the theatrical as well as drartiatic diredlion of the theatre, and the care of the women's wardrobe, and that of the men's, was defired by Mr. Colman to be taken by Mrs. P and myfelf, without any objeftion on your part, and therefore we fhall pay every attention to the department, for the good of the property, and the pleafure of the publick. And you mull give me leave to tell you, that you fhall find I am not that CYPHER, even according to our prefent articles, as you feem by your treatment to imagine. I am yours, &c. W. Powell. [ 23 3 It Is here to be obferved, that Mr. Powell founds his right, of refufing to deliver the cloaths in his wife's pofleffion into the cuftody of the wardrobe keeper, on a pretended cuftom. He fays, " the unappro- *' priated cloaths belonging to the theatre have ever been kept out of '* the houfe, under the care of one of the proprietors." This may,, indeed have poflibly been the cafe with fome former proprietors ; but how are Harris and Rutherford bound to follow their example ? They think the property in queftion would, for many reafons, be better depofited in the hands of the wardrobe-keeper ; and conceive the publick will be alfo of their opinion, that the delivery of them when required into the proper office would have been a ftronger proof of the honcfty Mr. Powell boafts of, than his peremptorily declaring the requifition could be complied with. As to Mr. Powell's being treated as " a Cy- J>her, " certain it is that Mr. Colman treats him as fuch, in his letter of the firft of November ; wherein he fo explicitly recognizes the reftrain- ing power of Harris and Rutherford, and makes not the lead mention of Mr. Powell, as if he was indeed a CYPHER, and there was no* fuch patentee exifting. We cannot help taking notice alfo of the flrefs Mr. Powell lays in particular on the present articles. It is certain xht prefent articles ^lxq- not well calculated for the game MefTrs. Colman and Powell feem dif- pofed to play into each other's hands. But can either of them be fo abfurd as to fuppofe, that Harris and Rutherford will ever enter into future articles, with perfons who have difplayed fo confcientious a regard. to the obfervancc of the prefent ? The impertinent infinuation, thrown out by Mr. Powell, refpedbing: fuch gentlemen as interefled themfelves in the purchafe of the theatre,, would be here pafled over with contempt ; had it not been immediately followed by a ftill more impertinent application to feveral of Harris and Rutherford's particular friends: of which application MefTrs. Colman awl Powell thought proper to give them the following notice. 4 TO [ H ] TO MESSrt. HARRIS AND RUTHERFORD. Gentlzmen, JjEING confcious of the rc(5bitudc of our condu(^, we are willing and defirous to fubmit it to your moft intimate and particular friends ; for which purpofe we have fumraoned the underwritten gentlemen to the King's Arms tavern in Cornhill next Tuefday at one o'clock, when if you pleafe you may attend. We are. Gentlemen^ Your humble fervants, G. Col MAN. Jan. I, 176^. W* Powell. C F , Efqi tt^ fi , Elqj R O , Efq; T L , Efq; P , Efq; N-, Efq; M D , Efq; "What ideas Meflrs. Colman and Powell may entertain of moral refti- hjdc, the reader who hath pcrufed this narrative with attention, will I probably t 25 ] probably be at a lofs to determine. He will very readily conceive how- ever from the above letter alone, that they muft entertain very flrange notions of humanity and good manners. In this appeal to the friends of Harris and Rutherford, they have dared to treat the latter as contemptuoufly as if not arrived at years of difcretion, and incapable of anfwering for their own condu6t. What unparalled infolence ! But even fuppofing they had a plea for this, what can juftify their imperti- nence mfummoniftg together a number of gentlemen of refpeftable cha- rafters, to a common tavern, to trouble them with a difpute in which few of them were concerned, and none could with propriety interfere ! The mortification therefore which Meffrs. Colman and Powell met with on this occafion, was undoubtedly juft; few of the gentlemen attending, and three of them, being thofe only to whom Harris and Rutherford were known, treating the fummons they had received with the contempt it deferved j as appears by the following letter left for Meflrs. Colman and Powell at the place of meeting. FOR G. COLMA N,, AND W. POWELL, ES Q.U IRES. To be left at the King's- Arms tavern Cornhill. Gentlemen, W E have each of us a fummons to attend you on the affairs of Covent- garden theatre. But as we cannot poffibly have any right to interfere in this matter, mufl: beg leave to decline the meeting. IMeffrs. Thomas Harris and John Rutherford, are gentlemen, who, in our opinion, will E never [ ) never aft contrary to the principles of honour and right. As our friends, therefore, wc are ever ready to fupport them to the utmoft of our abilities. We are, Gentlemen, Your humble fervants> Jan. 5. 176^. This attempt * to prejudice Harris and Rutherford In the opinion of their friends having failed, the impatience of Mr. Colman could no longer be kept within bounds ; but broke out the iame day, in the following extravagant letter, written in anfwer to fome remonflrances of Harris and An attempt as bafely defigned as meanly executed ; Colman and Powell, ignorant of the real connexions of Harris and Rutherford, going to enquire of their follicitor for the addrefles of thofe gentlemen to whom they fuppofed Harris and Rutherford obliged. To> this purpofeMr. Hutchinfon's card of the 3och of December, 1767. *' Mr. Hutchinfon prefents his bed compliments to Meflrs. Harris and Ruther- ford, and begs leave to acquaint them he has jufl now had a vifit from Mr.. * Colman and Mr. Powell, to know the adrefles of Mr. O Mr. N and *' Mr. F , in order, they fay, to lay a flate of the affairs before them and the ** other gentlemen, who have advanced money upon the fecurity of the. theatre.'* Let oar readers compare this difingenuous behaviour, particularly in Mr. Powell, with that of T. Harris, who, wanting to borrow no money on the fecurity of the theatre for him/elf f yet lent that fecurity for Powell i and we may leave them to their own refledions on it. "Rutherford r ^7 ] Rutherford agalnft his unjuftlfiablc proceedings*, and the danger they thence apprehended to the intereft: of the theatre. TOMES S".- HARRIS AND RUTHERFORD. . 'Gentlemen^ J. H E intereft of the theatre is in no danger but from your condu^T zndyour partiahties. Mr. Powell^ who has a right to give his advice and attendance when called on, perceives that it is not poffible for us to keep our doors open, if the direflor is liable to fuch frequent and fludied interruptions : and we are advifed that no court can ever be led fo far to mifconftrue the articles between us, as to fuppofe the giving you a power that muft be fo prejudicial to our common intereft, could be the intention of it. I ftiall continue to ad in a manner confiftent with the fpirit of it, and wifli you to do the fame. As to the redlitude of your condud, or of our own, I ftiall fubmit that matter to the publick : be- fore whom I ftiall lay a full ftate of the cafe in a very few days -f . Jan. 5, 1768. G. Colmai^. * Particularly in regard to his exhibiting the Merchant of Venice when Mifs Macklin was indifpofed, in oppolition to the remonftrances of Mr. Macklin againft it ; to the dif- credit of that performance, and the great confufion of the adlrefs, who played on the fliorteft warning the capital part of Portia. f This has been the conftant threat of Colman, from the very commencement of the difputes J relying doubtlcfs on his literary abilities for the fupport of his caufe, and wejl E 2 knowing [ ^8 ] I The reader is defired to compare this letter with that received from Mr. Colman on the firft of November, and then to judge whether any fufficient rcafon can be given for the total change in the writer's fenti- ments concerning the fpirit of the articles alluded to. Mr. Colman here ailedges it to be Mr. Powell's opinion, that the doors of the theatre cannot be kept open, if the director is liable to fuch frequent and ftudied interruptions. Now the truth is, that, what- ever right was invefted in Harris and Rutherford to control Mr. Colman in his management, he never did fuffcr them to interrupt him in fa6l, except in deferring the exhibition of Cynibeline before Mrs. Yates's admifllon into the company. They did indeed fometimes take the inefFedual liberty to remind him of the irregularity of his proceedings, in not properly acquainting them from time to time with his intended meafures.. They endeavoured alfo to perfuade him to take proper methods to render Mr. Yates, Mr. Macklin, and fome other performers of known merit and popularity, more ufeful in the theatre, and of courfe more conducive to the enter- tainment of the publick. If they objeded alfo to any part of his a<flual condu<5V, it was only in the way of general advice and remonftrance ; which coiild not, with any propriety be conftrued into an interruption of his management ; much lefs a ftudied one, and fuch as obliged him to (hut up the theatre*. Inowifig the reluflance of Harris and Rutherford to trouble the publick on fo improper an occafion as the fquabbles of individuals. Nothing, indeed, but the abfolate neceffity of removing the unjuft afpexfions caft on them, and of preventing the difllpatioa of their pro< perty, could have made them break that refpedlful filence, which they have hitherto im- pofed on themfelves, out of the profoundeft regard to the publick. Nothing can be more abAjrd and inconfiftent than fuch a pretence, if it be confl- deicd that even their abiblute and formal prohibition of the repetition of Cymbeline, not- wubfianding [ 29 ] It was never denied by Harris and Rutherford that Mr. Powell had a right to give his advice, when called upon by the other three parties j but they never conceived that they were under any obligation to take that advice; and much lefs that it was to be taken by any one of thofe parties, in oppofition to the other two. Nothing of this kind appears from the letter of the articles: but perhaps counfellor Powell hath difcovered fuch a latent meaning in the fpirit of them, in the fame manner as Mr. Col- man's other fagacious advifers have convinced him, that the tenor of thofe articles is now totally different to his conceptions of theni^ three months ago. That the power with which Harris and Rutherford are invefted by the fubfilling articles, muft be prejudicial to the common intereft of the parties, Mr. Colman and his advifers feem too readily to take for granted. At prefent this affertion muft be merely problematical, as that power has nev^r in any fingle inftance been efficacioiifly exerted. It can never furely be obvioufly deducible from the terms of the agreement. If it were, how comes it that Mr. Colman, a gentleman bred in the ftudy of the law,. Ihould enter into fuch abfurd articles ? But that no fuch inference can be drawn, is boldly prefumed, on the aflurance of fome of the firft and ableft council, learned in the laws of this kingdom-, whofe opinions have been taken on this occafion, and who are unanimous that a court of Equity would, on a hearing of the caufe, decree a fpecific performance of the articles in queftion. A copy of one of thefe opinions was accordingly tranfmitted diredly to Mr. Colman, in hopes that it might influence him to come to fome withftanding it induced Mr. Colman to retire for a while from his direlor(hip, was yet of no interruption of the bufinefs of the theatre; that play being re-exhibited on the night for which it was given out, and repeated afterwards. 4 reafonable [ so ] Tcafonable terms oF accommodation with Harris and Rutherford, and induce him to admit in faft of their having what they had an indubitable riglu to, a negative voice in the management of the theatre, and the difpofal of their common property. This opinion * was accompanied by a letter from Harris and Ruthcr-:. ford, of which the following is an extraft. TO MESS". COLMAN, AND POWELL. Gentlemen, I Nclofed you will receive a copy of 's opinion on our cafe. As his abilities and integrity are well known to Mr. Colman, we have the The fubftance of which was, that, on a perufal of the cafe of Harris and Rutherford, and the articles of their mutual agreement with MeiTrs. Colman and Powell, together with the letters which had pafftd between them, it appeared that Meflrs. Colman and Powell had been guilty of many material and fubftantial breaches of the faid articles : And that farther it appeared from fuch conduft, that they were determined to throw ofF all regard to their articles, and to aft in the management of all matters relative to tho theatre, as fole and entire owners thereof, in abfolute exclufion of Harris and Rutherford, from fuch management. It was alfo this councirs further opinion, that on the filing of a bill in Chancery againft the parties, the court would not only decree a fpecific performance of the articles for the future, but would order Meflrs. Colman and Powell, to make fa- tisfaftion to Harris and Rutheiford for their refpeftive (hares of all damages which fliould appear to have been fuftained by any breach of thofe articles by them refpeftively : And, at the fame time would order Mr. Powell and his wife to depofite in the proper office of the theatre, fuch part of the wardrobe as they improperly withheld in their own pofleflion. greater [ Jl } greater reliance upon the imprefllons they muft neceflarily make. This opinion, as well as others we have taken,, points out the infallible remedy for redrefs ; yet, like the rell, it advlfes an adjuftment by arbitration, becaufe our difputes, differing from the generality, muft be attended with the fevereft injury to the property litigated, exclufive of the actual perfonal expence to be incurred individually. We therefore propofe an arbitration of our difputes, by four gentlemen totally uncon- cerned in affairs of the theatre, two to be nominated by us, unexception- able in point of rank, fortune, and reputation, and impartial, never having been in the leaft concerned in our affairs. If you fhall both concur in this propofal, and nominate two gentlemen of equal confidera- tion and impartiality, we fhall be ready to enter into bonds for fubmitting to the award of the gentlemen fo nominated. In anfwer to this letter, and in order to invalidate the opinion therein mentioned, Mr. Colman affeded to think a fair and impartial ftate of the. cafe had not been laid before the council*. And in a fub- fequent letter, from Meflrs. Colman and Powell in conjunction, the propofed arbitration appears to be artfully eluded, by their faying only in general terms, that " they were ready to refer to proper perfons *' the care of framing a plan of articles which might prevent future ^ uneafmefs."^ This not being thought fufHciently explicit, Harris and Rutherford again applied to them for a more precife and pofitive anfwer to their propofal i which application produced the following reply. Setting the cafe, however, as to the damages complained of, out of the queSion, the above-mentioned opinion, reipefiing the fpecific performance of the articles, was confirmed: by thatof other learned council, and thofe of the firft eminence, who gave the fame in the mod explicit terms ; with this addition, that thofe articles were entered into upon valuable confideration, were exprel?ed with clearnefs and certainty, nor could admit of any doubt in their conftruaion as to the rights and powers of the refpeftive parties. 3 TO [ 3V ] TO THOMAS HARRIS, ESQj AND JOHN RUTHERFORD, ESQj Gentlemen, \J U T of tendernefs to yourfclves, we forbore to enter into any pad tranfaflions, as an enquiry of that nature muft neceflarily lay open the real caufe of the unhappy difference between us; nor indeed is any thing material to the general intereft and happinefs, but a proper arrangement of matters for the future. We propofed therefore, and we now repeat the propofal, to refer to proper perfons the care of fet- tling the articles in fuch a manner, that the management of the theatre may be carried on to the fatisfadion of all parties : nor have we any objeftion, if you think it agreeable, to fubmit our paft condudl to the confideration of the fame perfons ; confident as we are, that in the opi- nion of any unprejudiced judge, we fliall be found to have deferved a very different treatment than we have met with from you. We arc, . .. (jENTLEMEN, Your humble fervants, G. COLMAN. W. Powell. The [ Zi 1 A. The attentive reader will obferve that this fecond an^er is couched in as vague and equivocal terms as the preceding ; the doubtful ex- prefTion of proper perfons being ufed in both. Is it poflible that men, really bonicious of the integrity of their adions, as Meflrs. Colman and Powefl here pretend to be, fhould hefitate in approving fuch perfons as are defcribed in the letter of Harris and Rutherford, viz. difinterefted men of rdnk',' fortune, and reputation ? The uncommon effrontery of Colman and Powell, in affefling 3 tendernels for Harris and Rutherford in not difclofing the real caufe of their difference, is of a piece with the reft of their behaviour, equally contemptuous and contemptible. To have the afifurance to pretend, and that in a private letter *, addrefted to the parties themfelves, that the unhappy differences between them are owing to any fingle caufe, when they muft be confcious, if they had any confcience at all, of their having given repca'ted and aggravated caufes of difference ! To have the affurance, in reply to complaints made againft them for the violation of articles formally fubfifting, to propofe the new modelling thole articles, or the framing of new ones ! They may indeed well boaft they are confident ; for their confidence appears in this to be matchkfs. It is difficult however to fay which is the greateft fubjed of admiration, the excefs of their folly or that of their infolence, in this complicated inftance of both, undoubtedly the greateft infult that ever was offered to men of the leaft pretenfions to common underftanding. It is little to be. wondered at, that, on Meflfrs. Colman and Powell's thus evading the propofal of an equitable arbitration, all epiftolary corre- * Or are we to fuppoCe this private letter artfully written, with a view to give foxne coloar to their pretenfions and pradices, ihould it hereafter come to be neceiTarily made publick. F Ipondcnce [ 34. ] fpondence between the parties, on the fubjed of their difputes, fliould have an end. A meeting of their rcfpc^live folicitors did indeed take place foon after, but proved inefFeduai j io that things remained in this fituation, Mvhcn the accidental publication * of a loofe and defultory (late of their cafe, injudiciouny and imperfedly drawn up, induced Mr. Colman to publilh the advertifemenr, which laid Harris and Rutherford under the neccfTuy of making this remonftrance-, on a candid perufal of which, ic is prefumed there is no impartial reader who will not rather wonder at their long filence, than cenfure them for the prefent appeal to the publick. Having thus given an exaA and faithful narrative of fuch fads as relate to the legality and reditude of Mr. Colman's condud, in regard to Harris and Rutherford, we beg the reader's farther attention to a few general rciledions on his behaviour as a theatrical manager, and the pro* My having been fcahdaloufly and unjuftifiably exhibited by the maner of Slaughter's coffec-houfe ; where ic had been cafually and unintentionally left upon the table. Great pains indeed have been taken, to reprefent this accident as a wilful miftake of Harris and Rutherfo>-d ; tending to injure the charafter of Meffrs. Colman and Powell. And yet nothing could appear more plain, on the very face of the thing itfelf, than that fuch cafe could not have been intended for public infpeflion ; which the feveral blank fpaces left for the future infertion of names and dates, with the references to letters and memo- rials not annexed to it, fufficiently evince. It was thought incumbent therefore on Harris and Rutherford, publicly to difclaim fo ilHberal a dcfign ; in doing which, however, j. they did not (as hath been falfely reprefented) difavow the papers fo left, or mean in the leaft to exculpat; Meffrs. Colman and Powell of the feveral fafts therein charged upoo them. 3 priety [ 35 1 priety of their exerting their undoubted right to controul him in that province. Harris and Rutherford have feverely felt, and therefore are extremely fenfible of, the difadvantage they lie under from a comparative view of the known abilities of the refpedive patentees. They have had the fre- quent mortification of having their moft legal and juft complaints difre- garded on the prudential plea of their own intereft. They have heard it repeatedly alledged, even by thofe who have acknowledged the injuftice and infolence of Mefifrs. Colman and Powell's behaviour, that it would be yet highly indifcreet for them (Harris and Rutherford) to interfere in the condudl of an undertaking, for which it has been inconfidcrately taken for granted they were unqualified. But, let us take the liberty to afk, if it be not polTible for fuch advi- fers to have impofed on themfelves in this particular, by carrying their notions of the reputation and abilities of Meffrs. Colman and Powell^ much farther than their influence in the management of a theatre ex tend. They prefume not to enter the lifts with their brother patentees irr their refpedtive profeflions. But, as they pretend neither to write come- dies nor toenad: tragedies, fo neither do they, pretend to talents for com- pofing mufic, leading the band, inventing dances, or defigning and painting the fcenes. Yet they conceive it little lefs unreafonable to exped: a manager to be a painter, architeft, compofer, fiddler, or figure- dancer, than to fuppofe he fliould neceflarily be either an author or a(fl:or. The proprietors of a theatre, may certainly avail themfelves of tlie fcveral talents of muficians, dancing- malltrs, archiceds, p3in:ers, player> poets, and even of managers, if nccediry, on paying them a valuable r 2 coiifideration r t 36 ] confitleratlon for their fcrvices*! And while they are modell or prudent '^enough to niake t^c public voice their diredtor, in the emplojmciit^of fuch as afford the town the higheft entertainment ; it is furely arrange abfiirdity, to fuppofe that men, in the leafl: acquainted with bufinels, fliouldbe unequal to the cai-e and conduit of their property in a theatre. If to this pica (hould be oppofed an imaginary circuniftance, induf- trioufly propagated about the town ; viz. that the profits of the theatre this feafon have been greater than that of former years , and therefore aftual experience ought with prudent men to prevail over fpeculative reafoning : Harris and Rutherford make anfwer, that, though it is at ' prefent impoffible for them to afcertain what the profits of the feafon will be, they are fufficiently authorifed to deny the fad : which is all the fatisfadlion they can at prefent give the reader as to this particular. For, however injunoufly they have been treated by Meffrs. Colman and Powell, they do not think themfelves at liberty, without their confent, to expofe the receipts and difburfements of the theatre, even were it in any cafe judged neceflary. It may not be kipropcr to obferve here, that Mr. Colman's not ftipulating for fuch a confideration, when he accepted of the nominal direAorOiip of the theatre, is a corroborating proof that it was never intended he (hould take more trouble on himfelf than Harris or Rutherford : as, had it been oiherwife, he would certainly have been as much entitled to a falary for managing, as Mr. Powell was to his falary for afting. Un- kfs indeed Mr. Colman's known difregard to pecuniary emoluments may be fuppofed to have induced him to make a prefent of his fervices to his brother.patentees. For it will hardly be fuppofed, by perfons convinced of the confcioiu re3itude he boalb of, that he could have any (im|ler views to anfwer by his unre^uefted officioafoefs. At At the fame time, neverthelefs, they cannot negled this occafion of ...gratefully exprefling the higheft fenfeof the obligations conferred on them by the town, in its generous approbation of the moderate efforts exerted for its entertainment at Covent-Garden theatre this feafon. They fhould think theoifclves as highly undeferving fuch approbation, if they could on their part approve of thofe little artifices, which have too frequently been made ufeof, to betray the publick into an appearance of applauding what in reality they were fo candid as reludantly to condemn; artifices that have been fometimes carried to the utmoft extravagance, to the prejudice of the proprietors, and difguft of the town. If the art of theatrical management indeed confift in the praflice of fuch petty expedients, to betray the confidence and impofe on the judg- ment of the publick ; if it confift in forcing dull performances and unpopular performers on a patient audience; the majority of which are introduced merely to keep the reft in countenance ; if it confift in keeping news-paper fcribblers in pay to defend grofs partialities, to apo- logize for wilful negleiSb, and to enhance the feeble efforts of ignorance and infufficiency i Harris and Rutherford confefs they are unequal as averfe to the talk of theatrical management. Nay, they muft be fo frank as to fay, that they fhould never have hazarded their property on the fuccefs of fuch an undertaking, had not they conceived it might have been condu6ted to advantage on a more liberal plan. But if a fmcere defire of contributing to the real entertainment of the publick, joined to a determined refolution to take every juft meafurc conducive to that end, may be fuppofed to qualify men long attached to the ftage, affifted by perfons of known experience and abilities, for the management of a theatre, they flatter themfelves they will not be found incapable of fuperintending their property in that of Covent- garden, ft equally V [ 3^ 1 equally to their own emolument, and the fatisfa^lon of the publick : under whofc aufpiccs therefore, they beg leave to take refuge, and to fubicribe themfelves that publick's Mod obliged, and mod devoted. Humble Servants, T. Harris. J. Rutherford. THE END. TRUE S T A T 3 Of the Differences fubfifling betwee^ THE PROPRIETORS COVENT-GARDEN THEATREj ,jja , jiW'. XN A NSWE R T O . A Falfe, Scandalous, and Malicious Manus.cript Libel, exhibited on Saturday, Jan. 23, and the two following Days ; and to a Printed Narrative,, ligned by T. Harris and J. Rutherford. By GEORGE CQ L k A^N. London, trrnted for T. Becket, in the Strand ; R. Baldwin, In Paternofter-Row ; zn^ R. Davis, the Corner of Sackville-ftreet, Piccadilly, MDCCLXVIII. Although the following State of our Cafe has been^ drawn up by Mr. Col man, I defire to be confidered as equally refponfible for its Contents. WILLIAM POWELL. ADVERTISEMENT. Feb. lo, 1768. ON Thurfday laft, after I had begun to prepare thefe Papers for the Prefs, my friend Mr. Rice, between whom and Mr. Rutherford a very ferious difference had that day been brought to a happy con- clufion, intreated me, in the moft earneft terms, at lead to fufpend my Publication ; as he had yet hopes, by his prefent influence with Mr. . Rutherford, to accommodate our differences. I confented, and went the next morning to Richmond, where I received the following letter from Mr. Rice, the contents of which induced me to refume my thoughts of publication ; and indeed, rendered it incumbent on me to expedite it as much as pofllble , which I hope will be fome apology for the appa- rent hafte and inaccuracy of the following Narrative. The attention due to it mufl, however, depend upon fadls. Mr. Rice's letter is as follows ; and is publifhed at his own requeft. ** Dear Colman, "YOU may remember that I acquainted you before you went out of town, that the moment the afi^air of laft Thurfday was over, I thought it a very proper opportunity to avail myfelf of the fituation I then ftood in, and told Mr. Rutherford the only advantage I would wifh to make of the many advantages I had then given him, would be to ren- der myfelf the inftrument of bringing about a thorough reconciliation in the Theatre: Mr. Rutherford replied, that nothing in the world would give him greater pleafure ; and that he Ihould be the happieft man living if thofe- difputes were once fettled. From the many compli- ments Mr. Rutherford paid me on this occafion, and the very conciliat- ing difpofltion he was then in, I really was weak enough to believe him fmcere. I faw him the fame evening at the Playhoufe, and we agreed to meet the next day at Mr. Harris's in Surry-flreet. If you recollefi, I begged you not to proceed in your Publication. I went to Mr. Harris's at the time appointed, and to my great furprize found only Mr. Harris, who made an apology for Mr. Rutherford's not being there, but faid that Mr. Rutherford would meet me any where in the evening, if I would leave word where I was to be found. I mentioned the Bedford Coffee-houfe.;i Mr. Harris's converfation and mine was rather general, as I told him that my bufmefs was with Mr. Rutherford ; that 1 thought I had a claim upon that gentleman, and meant to ufe it to make all the Patentees friends , and that I fiiould make a point of Mr. Rutherford's ufmg his influence with him to bring about a reconciliation of all parties. Though Mr. Harris did not feem fo well difpofed to a compromife as Mr. Ruther- ford, yet he did not give me the leaft reafon to exped the mancsuvre oi x.\\\% morn- ( 4 ) : morning. In the evening I went to the Bedford Coffee-Houfe, and found the incioied note * for me there -, and when I went honie I found a dupli- cate of it : I did not go to Mr. Rutherford's this morning, but waited to fee. him inVilliers-Street.' In the mean time, thePublickAdvertifcr was brought iv.e as ufual, when, to my very great aftonifhment, I faw their Narrative a^vertifed.. Mr. Rutherford came at the time appointed in his note. It wa3 with great diffiQulty I could keep my temper with him ; and I told him, in the prefencq of Mr. Allen and a Hairdrcffer, that I did intend to fay a great deal to him, but that the very difingenuous manner he had dealt with me, had put it out of my power to have any thing to fay to him or his friendTVIr. Harris j adding, " Had you told me, or even lent roe word yefterctay, that my Interfering was quite unnecefTary, as your Cafe wa? to be publifhed this morning, I am fure I could rjot have been in the leaft offended -, but, inftead of that, you confented to confer about an accommodation, and concealed your intention of pub- lilhing your Narrative : Such difingenuous treatment from you I thought I did not defcrve. . I now renounce you both for ever, and think you a couphe of people capable of doing every thing that is bad." He fafd, he was very forty tor my ill opinion of him-, but declared, notwith-- (landing what had pafied, that any thing I had to fay in this difpute, fhould have more weight with him than the remonftrances or argu-" ifients of any other perfon. I intend to come to Richmond, and dine with you to-morrow.** Saturday Evening, 1 am, Dear Colmanj Feb. 6, 1768. Moft afFeAionately yours, WOODFORD RICE. Mir. R V t li E R. P o H D's Note. *' Mr. Ruthe^-ford'j mji frietidly compliments wait on Capt. Rice. PFas extremely forry that he could not wait on him in Surry-Street to-day \ but leill be very happy to fee him in Newman-Street, to-morrow at ten^ tit kreakfaji. ' If that Jhould prove inconvenient to hifrk, and he Jhould net bear from bttft^ will call in Villiers-Street, about twelve.*' Friday Evening, 9 o'clock. I ' J INTRODUCTION. EFORE I enter upon my Narrative, it may not be improper to acquaint the Publick with the reafons that have induced me to give them this trouble ; and to (hew them that filence muft have been interpreted as a tacit acknowledgment of guilt in myfelf and Mr. Powell, who could not forbear to reply to the moft grofs and open ca- lumnies, if we entertained a proper regard for our reputations, and wlftied to be confidered as men who held their good name " as the im- *' mediate jewel of their fouls." Contempt of (lander is indeed an heroick quality, and confcious inno- cence is the fureft antidote to its poifon. But there are circumftances wherein the world has a kind of right to arraign our conduft ; not to mention, that it requires a very uncommon (hare of philofophy not to refute fcandal and malice, when we have the means of juftification in our power. On Saturday, the 23d of January, we were informed that there lay for publick infpedlion, at Slaughter's Coffee houfe, in St. Martin's-lane, a manufcript paper, wherein we were charged, in dired terms, with the moft infamous collufion in the management of the Theatre ; a collufion intended to promote cur own feparatc and private emolument, and confe- quenily to defraud MefT. Rutherford and Harris, the joint (harers in the property. Notwithftanding thofe two gentlemen had for fome preceding weeks betrayed the moft hoftile difpofition toward us, and endeavoured to render the management of the Theatre as hazardous as it is troublefome j yet that they, or their friends, fhould think it advifable to appeal to the Publick, by drawing up a partial ftate of our differences, feemed almoft incredible. In the evening, however, we repaired to the Coffee room, and on a perufal of the libellous paper in queftion, we found it to be more replete with falfliood, fcandal, and malice, than it had ven been reprefented to us ; nor indeed was it poffible for any perfon, not minutely acquainted with the fads, to difcern how much they were diftorted in order to give the leaft colour to the charges brought againft us. B The [ ] * The paper was conceived in the following terms: AJhm fiaU of the cafe between Thomas Harris, John Rutherfom>, George CoLMAN, and William Powell. * THE patents, he. of Covent Garden Theatre, being to be fo!d, purfuant to the dirc5lion of the late Mr. Rich's will ; Thomas Harris and John Ruther- fprd formed a dcfign of purchafing thctr, and entered into a treaty with the exe- cutors of faid Rich ; but afterwards thought proper to invite fome one perfon con- verfant in thefe matters to (hare with them in the purchafe ; one who might ftrcngthen the company as a performer, and affift them in the management there* of. They pitched upon William Powell the player, to whom the plan wai conj- niunicated. At firft his only objedlion was, an article fubfifting between him and the patentees of Drury Lane Theatre j but he afterwards, in his own mind, got over that difficulty, and propofed a friend of his, George Colman, a dramatic au- thor ; and urged the expediency of admitting him into the treaty, by greatly exag- gerating the fervicc he would do in affifting the Theatrical Management. At kngth Harris and Rutherford agreed, not only to the admiffion of William Powell, but alfo his friend George Colman. Whereon, March 31ft, 1767, thefe four gentlemen entered into articles of agreement between themfelves, for concluding; fuch purchafe } and Harris and Rutherford were impowered to conclude the treaty they had begun on their own account, and the four parties were to be equal fharers. '* April ift, Hafris and Rutherford contrated for the purchafe, and 10,000 I. the property of Harris and Rutherford, was depofited on that day, the remainder of the 60,000 1. to be paid the ift July next enfuing. And foon after, all four parties met on the fubjecSt of their future articles, when Colman propofed to have <he untrontrouled management, which Powell approved ; but Harris and Rutherford, (being exceedingly furprifed) warmly, and reiteratedly, protefled they never would confent to any other articles, but fuch as would give them a perfedl equality of power with Colman. Whereupon, after much deliberation, the four gentlemen, on 14th May laft, figned an agreement, by which Colman was appointed adlino- manager, with this reftrition, that he was from time to time, and at all times, to communicate and fubmit his conduct, and the meafures he fhould intend to purfue, unto Harris and Rutherford, who were impowered to put a negative on any fuch meafure which they (hould jointly difapprove, * Powell was to give his advice and affiftance when required. ** May 28th, Powell was engaged as an aitor for feven years, at 400 1. a year, and a clear benefit ; and if any performer, or player, fhould be allowed more, Ihen an additional charge was to be allowed Powell, fo as to exceed fuch future player. 2d, None of the parlies fhould have any concern in any other theatre. July ift. The contracSt with Rich's executors was compleated, and the money ibeu paid ; but Colman and Powell were deficient in their proportion of purchafe- It was indorfed, ** A narrative of tranfaftlons relative to Covent Garden Theatre/* And at fome diftance was written, in another hand, *' For the ufe of the gentlemen of ^laughter's CoiFee-houfe j" which words were alfo written on the margin of the feveral kaves of the manufcript. 8 money t s ] . trbney 9,000!. tvhereupon the fum was borrowed, and Harris and Rutherford were fecurities for Colm^n and Powell. *' No fooner were they in polTeilion of the theatre, &c. but Colman began to a6l in a moft arbitrary and infolent manner ; he fcarce even deign'd to confult Har- ris and Rutherford in any one meafure ; he received and rejedted dramatic pieces ; engaging and refufing performers, &c. &c. without ever mentioning them ; and at the firft jehearfal) inftead of introducing them to the performers, (which were fixed by him) he forbad them the ftage, thereby endeavouring to prevent Harris and Rutherford from fuperintending his conduit. *' After much expoftulation, Colman aflented to a weekly meeting, when he, Colman, was to propofe fuch plays, &c. and all fuch other meafures, as he thought might be proper for the week following. This meeting was obferved by all parties for a few weeks j yet Harris and Rutherford could not help feeing, that Colman did not, at the meetings, propofe all the meafures he intended to purfue j and that when he knew the (entiments of Harris and Rutherford, he generally afted in contradidlion to them. " Fearing to throw the whole aiFaIr into confufion, Harris and Rutherford bore this kind of treatment, and repeated infults, from Colmai), without refenting them, as he Hill kept, in fome degree, the rank of decency, and did not openly difclaim their negative power ; but on Thurfday, the day of OfStober, he^ in the higheft terms, and moft aggravating language, openly difcl aimed their right of reftraining him, and folemnly declared, that to them he would never difclofe his future intentions ; and that he would be refponfible to the public, not to them, for the confequences. Though they knew of no caufe, yet this appeared to them the language of paffion or madnefs ; therefore, he was again, the fucceeding day, afked, if he would comply with his articles, and propofe his meafures, &c. Ac- cordingly he again refufed j and being expoftulated with again and again, he on Saturday night declared, he would have no further communication with either of them J yet, notwithftanding all this, on Sunday November the ift, he wrote them a letter, (vide copy marked A) wherein he recognizes the articles, recapitulates the fubftance of them, and promifes to adhere to them for the future : but (ftrangc as it muft appear !) he fo foon forgot his promife, that without having either heard from^ or feen faid Harris and Rutherford, he, on the very fame night, and with- out their knowledge, or giving them the leaft notice thereof, fummoned all the principal performers to a tavern, and there harangued them, and acquainted them, that he was inverted with the abfolute management of the theatre, and entirely fupprefTed Harris and Rutherford's right of controuling him. This conduft oblig- ed Harris and Rutherford to read publicly on the ftage, on Monday morning, the whole articles, when Colman, in appearance, took fliame to himfelf, and declar- ed, in the prefence of Woodward, Smith, and Gibfon, &c, that he would fub- mit his meafures to their control ment. " During thefe tranfactions, it was impcflible for Harris and Rutherford to be blind to the ridiculous partialities of Colman ; yet they were of opinion, the caufes of them were of fuch a nature, that as men, they could not take notice of them ; but the inftance was fo glaring, in cafting the play of Cymbeline, thatj in duty to the public, Harris and Rutherford were obliged to take notice of it. What can be more diftrefling to men who have the leaft fenfe cf honour or gene- rofity, than being obliged to difclofe the foibles and infirmities of others ! yet a concife and true declaration of this fort, Harris and Rutherford find to be the only B 2 way way that can clear themfelves and others, from the imputation Colman has no !cfj artfully than wickedly put upon thrm. The uncommon effrontery Colman has exhibited in malcing a fuppofed partiality to a certain aftrefs, his great plea of complaint, and even carrying his afl'urance to fuch a hci;;ht, as to fummons the friends of Harris and Rutherford, with others who were ftrangers to them, and then wickedly depending on alarming and frightening them with falfe accounts of their condud rcfpcding the above lady, the narrators hope will be deemed a fuffi- cieut occafion for their feiting that aft'air in a clear light. Colman had conceived a violent pique and refentment againlt the above mentioned aflrefs, the caufc of which fhall not be here related ; but whilll others are conjeduring, CoJman muft burn with fhamc, as that laJy's condu(St had ever been moft unexceptionable in the theatre. Harris and Rutherford could not help frequently expoftulating on the injuries he delighted to inflid on her ; in particular, although the whole theatre deemed her, as the company then flood, (Mrs. Yates being not then engaged) the propereft perfgn to have the part of Imogen in the play of Cymbcline: yet he, (Colman) at once to gratify his refentment to her, his luft of ading contrary tri the opinion of Harris and Rutherford, and his fpirit of gallantry, infifled moft heartily, that that charadler fhould be given to a certain young a61refs ; but with much ado he was (hamed from his purpofe, and he pledged his honour, that the firft mentioned lady (hould have the charafter. It may not be improper to re- mark here, that alter Mrs. Yates was engaged, it was univerfally acknowledged^ that no perfon in our company could rtand in competition with her for that cha- racter. Yet, after the conceffions that were made by Colman, November the ad, and the reconciliation that enfued, i< was agreed by all parties, that as Coimsn had abfurdly made that play a matter of difpute, it fhould be laid afide, and not got ready for exhibition, until approved by Harris and Rutherford j but notwith- itanding that, he has fince, viz. on the day of thought proper to perform it in oppofiiion to their written difapprobation. *' On the day of Colman took upon him, without the knowledge or confent of Harris and Rutherford, to contract with Mr. and Mrs. Yates as players, viz. Mrs. Yates at 500 I. per annum, and Mr. Yates at 10 1. a week, with benefits. Though the merit of thefe two performers would at firft fight induce one to think, that this flep, though irregular, was for ihe intereft of the proprietors, yet, in fadt, it has turned out very much the reverfe; nay, it had been viewed in that light three or four days before by all the proprietors, who jointly declared their fentiments againft fuch a ftep. Colman engaging them in this clandcftine manner may be accounted for from the following motives : Firfl, being very avaricious, and Powell and himfelf being in perfe5t collufion from firft' to laft, he, by giving 500 1. to Mrs. Yates, made an addition to Powell's falary of jool. per annum : and again, by doing an adt of fo much confequence, without' the knowledge of Harris and Rutherford, and even againft their confent ; he there-' by meant to prove to the whole theatre, that he could and would al without conTulting or regarding them ; and, in confequence, expofe Harris and Rutherford to derifion. That this was a powerful motive, was plain from his immediate fubfequent boaftings " That he had made this engagement on his own authority." The real lofs fuftained by this meafure cannot be eftimatcd at lefs than 1500 1. which may be thus made appear : The falaries of capital performers, that were before en- ^a^edj and now rendered ufclefs, the addition of Powell's falary, the incredible expencr r 5 ] cxpence of drefTes for Mrs. Yates j- idd to this, a lofs which has been exceedingly heavy, though it cannot be afcertained, incurred by Colman's negleting his duty in reviewing and getting up ail other plays, except thofe in which the tv/o above- mentioned performers, and William Powell, had capital charaders ; endeavouring by fuch moit unjuftifiable means, to give colour and fandlion to the flep he had taken. " 1 he following is a proof of the glaring degree to which Colman and Powell car- ried their collufion. At a meeting, on or about the 20th of November laft, between all the four parties, Colman propofed taking out of the treafury a fum from 64 to 70I. on account of the infertion of a few lines in the Rehearfal, and his propofed alterations of King Lear; to all which Pov/ell concurred immediately, and warm- ly; but Harris and Rutherford remonftrated, that it would be more proper to take the money after the tragedy was produced. Yet, notwithftanding, Colman did take out of the treafury that fum, between 64 and yol- fince which Harris and Rutherford have neither feen nor heard of the play. At the very fame meetings Powell, notwithftanding his articles to the contrary, earneftly infifted on the equity of his having the benefit arifing from fome one night, on account of his not going to Briftol theatre in the enfuing fummer; to which propofal Colman immediately and warmly concurred. At length, to avoid difpute, Harris and Rutherford con- fented that Powell Ihould go to Briflol theatre, but Colman refufed; notwithftand- ing he urged the propriety of giving him a benefit, and flew into a great heat and paflion becaufe Harris and Rutherford would not confent to it. *' What aggravates, to Harris and Rutherford, the very extraordinary expeiKes for dreffes, &c. is, that Colman has taken upon him, with fome finifter view or other, to depofit a great part of the wardrobe, amounting to a very large fum, in the houfe of Mr. Powell, inftead of the place appointed for that purpofe in the theatre; and Powell, in the moft infulting terms, refuies to bring them to the pro- per place, though applied to by letter. ** Through Mr. Colman's ill condu<E^, in the management of the theatre, in meafures purfued without the knowledge, or againft the confent, of Harris and Rutherford, they verily believe a lofs not lefs than 3,5001. has been fuftaincd ; which fum will not appear extraordinary, to thofe who know the very large receipts and dfburfements of a theatre, and which altogether depend on the management thereof. *' It is not fo much the abovementioned lojfes that alarm Harris and Rutherford', as that they plainly perceive the ultimate view* of Colman and Powell to be their total exclufion, which they purpofe to bring about, by fetting them, Harris and Rutherford, at fo great a diftance, and keeping them fo ignorant of their own af- fairs, that they may not be able to fee through the future operations of Colman and Powell ; and which will unqueftionably be directed for the purpofe of their private emolument. '* From the foregoing cafe, how very unjuftifiable the behaviour of CoInan and Powell is, in perfifting (in defpite of honour and honefty, and the known original intentions of Harris and Rutherford, and their prefent fubfifting articles) to mif- manage their property, every reader is left to determine." On Monday, January 25, the Prompter of the Theatre, a very honeft and intelligent man, who thought hhnfelf a party aggrieved by that part [ c 'J part of the paper which related to a certain ycmg allrefs, waited oft Mcfl". Harris and Rutherford, who both difclaimed any knowledge of luch a paper having been expofed till within two hours before that in- ftant ; adding, however, that they could eafily conjediure the quarter from which it proceededy and feeming to afcribe the publication of it to the intempe- rate zeal of fome particular friend. Upon their exprefling a defire to lee the paper, the Prompter produced a copy of it j which Mr. Rutherford turned over with much apparent eagernefs and curiofity, and joined with Mr. Harris in a requelt that it might be left in their hands. It was fo, and the Prompter departed ; but not without previoufly declaring, that, fince the Paper did not appear to have their fanftion, he hoped they would not be offended, if he toak every occafion of teftifying his contempt and deteltation of that part of it, which was relative to a certain young a^refs. Within lefs than an hour after this interview were received, by the fevcral perfons to whom they were addrefled, the two following Letters : To George Colman, Efq. and W. Powell, Efq. " Gentlemen, Monday 25th Jan. 1768. One o'CloCk* '' THIS inftant we are inform'd of a paper having lain for publick infpeSliott ft Slaughter's CofFee-houfe ever fince Saturday morning. We think it proper to in- fornryou, that we were greatly furprized at the above information, being intirely ignorant that fuch a paper was left there, until now acquainted therewith. Are, Gentlemen, Your humble Servants, T. HARRIS. J. RUTHERFORD." Ti the Majier <?/ Slauohter'j Coffee-Houfe. "SIR, ** I AM aftoniflied to hear you have expofed a paper (indorfed '* A narrative of tranfadions relative to Covent Garden theatre") that was by accident left on Satur- day morning on one of your tables. " You are required immediately to feal it up, and fend it by the bearer. Your humble fervant, Sttiry Street, Mondiy moaning, Jan. zjth. T. H A R R I %^ On the fame day, and the next morning, the following notes pafled between Mrs. Yates and Mr. Harris : " MRS. Yates prefents her compliments to Meff, Harris and Rutherford. She has feen a copy of a paper in their names left on the table of a Coffee-houfe, where- in they are pleas'd to complain of heavy lofis fuftained in confequencc of her en- gagement at Covent-Garden. She begs to know whether it has their fandion becaufe, if it has, Mrs. Yates^ injufticeto hcrfelf, will give it a publick anfwer: if. [ 7 ] if, on the other h^nei, feme bufy meddling fcribbrer has made free with their names, (he will treat it with the moSt Glent contempt." Monday, Jan. astli, King-ftreiet, Covent-Garden. " MR. Harris prefents his compliments to Mrs. Yates : flatters himfelf no one but the enemies of Mr. Rutherford and Mr. Harris, orthofeto whom they are en- tirely unknown, can pretend to fuppofe them capable of fo very mean an ation as to fubmit a cafe in which they were any ways concerned, to the opinion of i CofFee-room." ' Surry-ftreet, Tuefd ay morning, a6tU January. The fame evening Mr. Harris told the Prompter, that it was hoped he would not be too violent or acrimonious in his language concerning the written paper left at Slaughter's ; for although Mr. Rutherford and himfelf utterly difclaimed the circulation of it, yet as malevolent per- fons would undoubtedly attribute it to them, fuch language from him would be confidered as an indirect affront to themfelves. The next morning, January 26, the following Advertifement appeared in the Publick Advertifer and the Gazetteer : " A WRITTEN paper, wherein oyr names were inferted, having been ex- hibited at Slaughter's Coffee- houfe, we think it neceflary to declare, that it was done without our confent or knowledge. T. HARRIS. J. RUTHERFORP." N. B. This was alfo in Publick Advertifer of 26th January. On perufing the above Advertifement we fent them the following Letter : To J. Rutherford, Efq. andT. Harris, Efq. * Gentlemen, Jan. 5t6th, 1768. ** WE are very glad to find that you have thought proper publicly to declare the written paper, fo injurious to our chara<Sters, was exhibited at Slaughter's coffee-houfe without your knowledge or confent ; but we could wifli, that you had, at the fame time, difavowed being the authors of it; for if you do not difclaim that alfo, it is a matter of great indifference to us, whether it was circulated by your- felves or your frinds. We think it incumbent on you to add fuch a declaration to your advertifement, as otherwife, we muft ftill confider the paper as coming di- redtly or indiredly from yourfelves. We are, &c. G. COLMAN. W. POWELL." To [ ] To this Letter we received the next day the foliowing anfwer : r G.C. and^.?, Efqs. ** Gentlemen, ** YOU are in an error if you imagine the advertifement we piiblirhed was in- tended for any other purpofe, than to contradidl the infinuations which we heard had been thrown out, that we were the circulators of the paper exhibited at Slaugh- tei'scoflfec-hoiife, which we neither were direily or indiredlly. ** Whenever we think proper to acknowledge ourfclves the authors 'of any pro- luiStion, it will be from the fuggcftiono of our own minds, and not at the requifi- tion of any man whatfoever. \Vc are, Gentlemen, yours, 5cc. Surry-ftreet, Wed. morn. T. H A R R I S. Jan. lyth, 1768. J.RUTHERFORD." In the Gazetteer and Publick Advertifer of the fame day appeared this Advertifcment : Speedily will be fublljh'd, ** A TRUE ftate of the differences fubfifting between the proprietors of C. G. Theatre, in anfwer to a falfe, fcandalous, and malicious libel, highly injurious to the characters of MefT. Powell and Colman, exhibited on Saturday, Jan. 23d, and the two following days, at Slaughter's CofFee houfe, in St. Martin's-lane. By GEORGE COLMAN." In the fame papers of the next morning appeared the following: ** GREAT enquiries having been made after the Author of a paper left by ac- cident at Slaughter's CofFee houfe on Saturday lafl, any perfon who has publickly cxprefled himfelf to have been injured by the exhibition of that paper, may receive information concerning the Author, by applying to either of us. T. HARRIS, Surry-ftreet. J. RUTHERFORD, Newman-ftreet." t In confequence of the above Advertifenjent Mr. Bury, an attorney of King's-Bench-Walks, Temple, waited on Mr. Harris from us, for the information promifed in the advertifement concerning the author ; againlt whom (he told Mr. Harris) he had orders ro commence a profecution. To this Mr. Harris replied, that Mr. Bury did not come within the defcription of the adverrifement, and that neither himfcIf nor Mr. Ruther- ford could give an anfwer to any perfon's attorney. The fame day, an hour or two after, Mr. Bury wa'ted on Mr. Harris a fecond time, and delivered the following Letter : To J. Rutherford, and T. Harris, Efqrs. * Gentlemen, " IV E have publickly exprejjed ourfelves to have been injured by the libellous paper left at Slaughter's cofiee-hoiile; we now apply to you for the information you have to-day promifed by publick advertifement concerning the author. G. COLMAN. W. P O W E L hr I 9 ] At tliis interview another gcntlennaft, whom Mr. Bury fuppofed to be Mr. Rutherford, was prefent. This application, however, proved as fruitlefs as the former. Mr. Harris faid that they could fend no written anfwer, hot any verbal meffage : and upon being afked what was the in- tention of their advertifement, again replied, that they coald fend no written anfwer, nor any verbal meffage. Mr. Bury then obferved, that Mr. Powell and Mr. Colman had publkkly declared themfelves to have been injured hy the -paper \ and afked if thofe gentlemen, on a perfonal appli- cation to them, (Meff. Harris and Rutherford) might receive the infor* mation promifed in the advertifement. Mr. Harris replied, that they could fend no other anfwer than what he hadjuft before given. Upon enquiry after the manner in which the Paper came to be ex- hibited at Slaughter's Coffee-houfe, the fact (lands thus. On Saturday, January 23, about noon, as Mr. Julliott, of Henrietta- ftreet, apothecary, was fitting in a box at Slaughter's Coffee-houfe, reading the news-papers, two young gentlemen entered the room, and defired to pafs him. They paffed him, and fat down in the fame box. After fome time they pulled out a book and a written paper, and called for pen and ink. The bar-maid afked, if they did not want 2^'^^ paper? They replied in the negative, and ufed the pen and ink in making infer- tions or erafements, or both, in the manufcript which they hadjuft be- fore produced. In about a quarter of an hour they departed ; and Mr. Julliott, after having fufEciently amufed himfclf with the news-papers, happened to caft his eye on the manufcript, which lay on the table. At firft he thought it might have been by accident left there ; but feeing it indorfed, " A Narrative of Tranladions relative to Covent-Garden- Theatre,'* took it for granted, from the title, that it was left there for general infpedlion, and accordingly made no fcruple to examine the con- tents of it J on perufal of which he told the fervant in the bar, that it re- lated to the difputes among the Covent-Garden Managers , and that he fuppofed that the two Gentlemen who hadjuft left the room, were no other than MefT. Rutherford and Harris. Mr. Julliott does not recoiled: that the Paper was alfo indorfed, " For the ufe of the Gentlemen of Slaughter's Coffee-houfe," at the time that he faw it. Mr. Prefton, the mafter of the Coffee-houfe, is confident that neither he, nor any of his people to the beft of his knowledge or be- lief, added thofe words; and a gentleman (whofe name will be mentioned if the fadl is difputed) who perufed the paper about two o'clock the fame day, well remembers that it was then fo indorfed. It has been contended that this Paper was nothing more than the heads of a Law-Cafe, left by accident on a Coffee-houfe table. The fub- ftance of it may have been, and 1 believe has been, laid before Counfel \ C but [ lO J but the very form of it, as it now (lands, pronounces it to have bectr drawn up with another view. Be that as it may, it lay for three days toge- ther in the Coffee-room, as common and publick as the Daily Advertifer j fo that the charafters of the parties vilified were equally injured, whether it was left there by accident or defign. We have ftiled this paper " a falfe, fcandalous, and malicious libel." We repeat thofe cxpreflions, confident that every difpalfionate reader of the following narrative will affent to the jufticc and propriety of the terms in which we have fpoken of the Paper. The charges of collufion and fraud affedl us too deeply to be mentioned without fome emotion. As to the virulence and malignity of the ftile,. and the words " effrontery,*' " aflfurance," " void of honour and honefty," &c. &c. we take them from whence they come, and cpnfider them as mere paper and packthread to make up the parcel of fcandal. The cxprelTions of contempt thrown on us on account of fuDpofcd talents, which we Ihould be proud to poflTels, give us no pain -, and we look oa the terms JVilliam Powell the Player, and George Cohnan a Dramatick Au- thor, as mere words of courfc, Ijke John Rutherford, and Thomas Harris,, Efquires. , , _ y, Confcious of the integrity of my aflions, and that the more my con- duft was known to the world, the more fully it would be juftified, I have in fome peevifh moments, when provoked to the uttermoft, threat- ened to appeal to the Publick j but on cooler refleftion was always averfe to fuch a proceeding \ and it is not without the greateft regret that I am now driven to publilh letters, and lay open converfation. The reader indeed will immediately perceive that they are not fuch as pafs betwcea friend and friend ; or, if they were, that I have not been the aggreflbr in this inflance. My letters have been fubmitted by my profeft adverfaries- to Counfel, and the moltcafual expreflions dropt carelefsly in the flow of table-talk have been urged againft me as folemn refolutions. Thefe very^ letters and converfations are alfo the bafis of the black charges brought againft me ; ^o that I do. but meet the Libeller on his own ground , on- which, if he ufes the arms of Fa^Khood for the attack, I have certainly a. right to have recourfe to Truth for my ihield. A TRUE r " I TRUE STATE, &c. ABOUT the latter endof laft March, Mr. Powell defircd to fpeak with me on particular bufiners, and acquainted me that a couple of gentlemen had applied to him to become a joint purchafer with them of the patents, &c. of Covent-Garden Theatre -, that he could never think of embarking in fuch an undertaking with two inexperienced young men, who perhaps might know but little of the world, and cer- tainly could know nothing of the internal management of a Theatre ; that he had not fufficient confidence in his own abilities to fuppofe himfclf equal to the tafk ; but that, if he had my affiftance, he did not doubt of fuccefs ; concluding with a requeft of ray permiffion to mention me to the two gentlemen, and at the fame time declaring, that, unlefs I were included in the treaty, he (hould decline the propofal, fearing it might terminate in his ruin. Mr. Powell, with my confent, mentioned my name to the gentlemen. They objeded to taking in a fourth ; but Mr. Powell declared his opi- n:on, that they would reap more profit from a fourth (hare with Mr. "Colman's affiftance, than from a third without him. A few days after, on another interview between Mr. Powell and the gentlemen, they told him that they had confidered of his laft propofal j in confequence whereof they had made proper enquiries concerning Mr. Colman, and found his acceflion to the partnerlhip fo defirable a circum- ftance, that they returned Mr. Powell many thanks for making fo happy ^n improvement of their plan, and defired to have a meeting on the oc- cafion with Mr. Colman asfoon as poffible. C 2 Accord- Accordingly, on the thirtieth of March, all the four par- ^^jj"*' tics met at Mr. Powell's. Mr. Colman being afl<ed by MelT. Rutherford and Harris, whether he had conSdered of the af- fair which Mr. Powell had at their defire communicated to him, replied, that he thought himfelf much obliged to Mr. Powell for his good opi- nion, but could not think of availing himfelf of fuch a partiality, unlels they concurred in Mr. Powell's fentiments ; and that if they were not of opinion that Mr. Colman's advice and affiftance were eflcntial to the wel- fare of the undertaking, he would by no means think of becoming a party concerned merely from the nomination of Mr. Powell. Their reply to this declaration was conceived in the mod handlbme terms -, and, to con- vince Mr. Colman that the many civil things they faid on this occafion were not words of courfe, they afterwards recurred to this fubje<5t, and repeatedly afTured him of the great value they fet upon his acceflioa to their fcheme, independent of every other confideration than their tho- rough perfuafion of the advantage that would refult from it in the fuccefs of the Theatre. Being late, it was agreed, after a fhort converfation on the intended purchafe, that the four (hould have a fecond meeting the very next night, in order to come to a final determination, and to enter into articles of agreement among themfelves concerning the purchafe. Juft before their parting, Mr. Colman, addrefling Meff. Harris and Rutherford, obferved, that managing a Theatre was like flirring a fire, which every man thought he could do better than any body elfe. *' Now, " gentlemen, faid he, I think I ftir a fire better than any man in England." To this they replied, " Do you manage j let Mr. Powell a<ft j ail wc " want is to have good intereft for our money." The next evening we met again ; and, at the defire of MefiC ^'* Rutherford and Harris, Mr. Hutchinfon, a gentleman whonj they particularly recommended for his abilities and integrity in his pro- feflion, attended with an inftrument prepared for us to fign. By this agreement, Meff. Rutherford and Harris were empowered to treat for the purchafe of the Theatre, &c. at any fum not exceeding 6o,oool forty thoufand to be raifed by themfelves, and twenty by Colman and Powell, whom they were to affift with a loan of 5000 1. each, to make up their proportions of the purchafe-money. On Mr. Hutchin- fon's reading over this inftrument, when he came to that part of it wherein it was recited, that the four parties Jhould be jointly and equally concerned in the management of the Theatre, Mr. Colman begged leave to interrupt him, and told him it was a fettled point that he (Mr. Colman) was. to be inverted with the diredion of the Theatre , whereupon, to his very great furprife, Mefl". Harris and Rutherford declared, that they never bad the leaft intention of forming fuch an article j that, as they had the [ 13 ] ' the turn of the fcalein the purchafe-money, they could nor think of low- ering their confequence in the purchafe, &c. Mr. Colman faid, that he took it for granted (as he moft certainly did) that this matter had been previoufly underftood on all fides j and that he had plainly declared to Mr. Powell, on his firft application, that he would never be concerned in the purchafe, unlefs he fhould be invefted with the theatrical dired:ion. Mr. Powrll allowed the truth of this affertion, but faid nothing in appro- hation ef Mr, Colman' s claim of the management-^ and MefT. Rutherford and Harris, feeming fenfibie of his fuperior utility in this province, but unwilling :o acknowledge that fuperroriry under their hands, the agree- ment was at 1 aft figned by each of the four parties, in the form in which it had been originally prepared. This tranfaition paffed on the thirty -Erft of March, though the manu- fcript paper exhibited at Slaughter's, as well as the printed Narrative, for the fame purpofcs of fallacy that will appear through the whole, place it much later. The next morning I fet out for Bath, where I remained till the third or fourth of May. In the mean time, MefT. Harris ^" and Rutherford contraded for the purchafe, depofited io,oool. and agreed for the payment of the remainder on the enfuing firft of July. 1 have been extremely particular in the above relation, becaufe I am refolved not to fupprefs or difguife the moft minute fadl, that may feeni- in the leaft favourable to MefT. Rutherford and Harris. For a like rea- fon 1 ftiall fupprefs all my refle(5lions and refolutions declared to particu- lar friends, till I had the pleafure of feeing thofe gentlemen again, whicK. was not till fome days after my return to town ; the fame me- lancholy occafion that fummoned me from Bath fooner than I j^g^^ ' propofed, having alio fccluded me from company. In the mean time, MefT. Rutherford and Harris expreffed the greateft impatience for an interview with me, apart from Mr. Powell. On the very firft con- ference, they teftified, in the warmeft terms, their earneft defire that I (hould be invefted v;ith the theatrical diredion, complaining at the fame time of the indifcretion of Mr. Powell, to whom they afcribed the noto- riety of our intended purchafe, which was now become the common talk: of the town, and our names inferted in every news-paper. It is but juftice to Mr. Powell to declare, that it afterwards appeared that, from the peculiar circumftances of Mr. Rich's will, his widow^ thought herfelf bound in honour to declare to fome other candidates for the purchafe, that ftie had given notice to the truftees of her having con- tra6ted for the fale^ This circumftance, as well as the neceflary appli- cations by each of the parties to their friends for the requifite fum, tended to make the treaty publick. One part of Mr. Powell's condud on this 2 Qccafion, r '4 t occafion^ though it certainly contributed to betriy our operations, is very much to his honour, though the written Narrative, with the fame fpirit of candour that animates the whole, endeavours to interpret it to his difadvantage, and to tax him with a Icandalous breach of faith to the Patentees of Drury-Lane Theatre. The truth is, that the very day after McflT. Rutherford and Harris had applied to Mr. Powell, he com- municated the matter to Mr. Lacey, who very kindly affured him of his beft wiflies, and a continuance of the fame friendihip which he had fliewn to Mr. Powell on every former occafion. Mr. Garrick was then at Bath. In a word, Meflf. Harris and Rutherford now infifted on J767! ^^^ expediency of invefting Mr. Colman with the diredtion of the Theatre, and were extremely foUicitous to fettle this point before Mr. Powell's fummer-engiagements fhould call him out of town. To this end it was propofed, that we (hould each of us confider of that and fome other neceffary articles, and throw our thoughts concerning them upon paper. I did fo -, and Mr. Harris, in a few days, took occa- fion to call upon me one morning alone. I then fubmitted to him a pa- per containing a iketch of fome articles, and, among the reft, one re- lativc to the management, which was as follows : '* That George Colman (hall be invefted with the theatrical dircc- *' tion, that is to fay, the power of engaging and difmiffing adtors, ac- " treffes, fingers, dancers, muficians, &c. &c. of receiving or re- * jefting fuch new pieces as fhall be offered to the Theatre; of cafting ^ the plays i of appointing what plays, farces, &c. fhall be performed; " together with the fole conduft of all fuch things as are generally un- ** derf^ood to be comprehended under the dramatick and theatrical pro- *' vince : Provided ahv.ys that the faid George Colman Jhall not do any a^ " contrary to the opinion t/ any two of the ether partners in writing ex- *' prejfei : and that if I be Jour partners fhall -be equally divided in opinion^ *' that the matter in difpute fhall be referred to two arbitrators^ one for each H party ; and if the fat d two arbitrators cannot agree ^ that they fhall join in *" appointing one ether arbitrator^ whofe opinionfljall be deciftve and final."' On perufing the above rough draught of an article, Mr. Harris did me the honour to obfcrve, that the footing on which I was wilimg to reft my management was extremely generous, and agreeable to the candour which I had (hewn in my whole tranfaftion with them ; but thar he thought it neceffary that 1 (hould have tnore power than fuch an article would give me -, that he had the greateft cfteem and regard for his friend Mr. Rutherford, whom he thought a very honeft, good-natured man, but that there wcr no two pcrfons in the world more likely to differ in opinion [ '5 J t>pinion than himfelf and Mr. Rutherford ; (o that if Mr. Rutherford and Mr. Powell fhould happen to join in oppofition to any of my mcafures, ian obdrudtion in the management muft neceflarily enfue ; that his bro- ther-in-law, Mr. Longman, had told him, that he and Mr. Rutherford ;77/^/&/ differ, but that he and Mr. Colman never could ; he could wilh, therefore, that I would agree to put Mr. Powell entirely out of the qucf- tion, and to place the whole negative power in himlelf and Mr. Ruther- ford, and then (added he) " Tou will always befure of one of us.'* Although this fcene paft entirely between Mr Harris and me, yet the truth of it does not reft on my bare aflfertion j for I recapitulated all thefe circumftances to Mr. Harris fome weeks ago at the Theatre, in the pre- fence of Meflrs. Rutherford, Powell, and Hutchinfon. He allowed the fafts, but added, that he had been miftaken in me. 1 returned him the compliment. I fell into the fnare, and' faid, that if Mr. Powell could be prevailed on to afient to fuch an article, I had no obje(5tion to it. Mr. Rutherford, in this inftance, as in every other, implicitly fubmitted to the opinpn of Mr. Harris. Mr. Powell, however, (hewed great repugnance to giving me the dire6tion. On my expoftulating with him alone on this fubjed, and reminding him of his firft application to me, and my declared refo- ]utions at that period, he frankly confefled that he had been advifed to the. contrary, but that,, on refleftion, he returned to his original intentions, and was -content to put his fame and fortune into my hands. This is the real hiftory of the article relpediing the manage- ment, which was accordingly figned by all parties on the 14th ^ ^^ ^^ of May, and is as follows : ** WHEREAS Thomas Harris, John Rutherford, George Colman, and William- Powell, by certain articles of agreement,^ dated the 3ifl: Day of March laft, did agree to purchafe of the Reprefentatives of John Rich, efq. deceafed, two patents for exhibiting theatrical performances, and the feveral leafes of Covent-garden the- atre, and the rooms, buildings, conveniences, furniture, cloaihs, fcenes, decora- tions, mufic, entertainments, and all things belonging to the faid Theatre ;. and the faid Thomas Harris and John Rutherford were thereby authorifed to treat for, and purchafe the fame,, at a fum not exceeding 60,000 1. and the purchafe-money was to be advanced by the faid parties equally, and they were to become jointly pof- fefled of, and interefted in, the premifles fo to be purchafed, and were to be jointly and equally concerned in the management of the faid Theatre, and were to execute proper deeds and inftruments for that purpofe, when the faid purchafe Ihould be completed. And whereas the faid Thomas Harris and John Rutherford have ac- cordingly contra<Sled and agreed with the reprefentatives of the faid John Rich, for the purchafing of the faid patents, leafes, premiiTes, and things, at and for the fum of 60,000 1. and fuch purchafe is to be completed on the firft of July next : Now the faid feveral parties, having perufed and fully underftanding the purport and contents of the faid contract, do approve of, and confirm, the fame. And hav- 7 ^"S^ t i6 ] Irg alfo, in conTequence thereof, taken into their confitleration the Management ftf the faid Theatre, they have, for the better and more eafy conducing of the biifinefs thereof, as well as for their joint and equal benefit and advantage, agreed, and do hereby mutually declare and agree, that, notwithftanding any thing contained in the faid agreement already made between the faid parties, the faid George Colman fhall be inverted with the Dire^ion of the faid Theatre in the particulars following, viz. that he (hall have the power of engaging and difmi/fing performers of all kinds j t)f receiving or reje(Sling fuch new pieces as fhall be offered to the faid theatrp, or the proprietors thereof; of cafting the plays j of appointing what plays, farces, en- tertainments, and other exhibitions, fhall be performed ; and of conducing all fuch things as are generally underftood to be comprehended in the dramatic and theatri- cal province. And that the faid Thomas Harris and John Rutherford (hall be de- ftred to attend to the comptrolment of the Accounts and Trcafury, relative to the faid theatre. Provided always^ and in as much as the faid Thomas Harris and "John Ru- therford will have leijure to attend to the affairs of the faid theatre^ and the faid IVilliam Powell is to be engaged as an Alor or Performer upon the Stage (for which purpofe feparale articles are intended to be entered into between him and the other Parties J^ in which his time and attention will be chief y employed and taken up^ fa that he will not be able to apply himfelf in managing the bufinefs of the theatre \ it is therefore hereby further agreed,, that the Jaid George Colman fhall,, from time to time,, and at all times hereafter, communicate andfubmit his conduSJ, and the meafures he Jhall intend to purfue, unto them the fuid Tho- mas Harris and fohn Rutherford ; and in cafe they Jhall, at Mny timg, fgnify their difap- f rotation thereof in writings unto the faid George Colman, then and in that cafe the mea- Jures, fo difapproved of, Jhall not be carried into execution, any thing before contained to the contrary thereof notwith [landing. Yet, neverthelefs, with refpeSi to the faid IVilliam Powell, it is intended and agreed, that he Jhall, at all times, give his advice and affiflance relative to any part of the bufinefs of the faid theatre, when thereunto deftred by the other parties* Witnefs the hands of the faid parties, thi 14th day of May, 1767. ,. . T. HARRIS, Witnefs, jNO. RUTHERFORD. J A. HUTCHINSON. G. COLMAN, WILL. POWELL . It was at the time of the above conference that Mr. Harris firft men- tioned Mrs, Leflingham, exprefTing his defire that fhe might be engaged at our Theatre , but at the fame time requefting that / "joould not hi alarmed on this occafion, as he did not wi(h to have her confidered with more partiality than any other Performer, either in regard to the allot- ment of Parts, or proportion of Salary. I very readily acquiefced in re- ceiving her, provided (lie could, with any propriety, difentangle herfelf from her engagements at Drury Lane , and even declared a propenfity to Ihew her any realbnable partiality, which I did not doubt was all that would be required. ^ ^g On the 28th of May was figned another Article, chiefly relative to Mr. Powell's engagement as a Performer, of which more ftiall be faid in the fequel. By the fame Article it was alfo agreed, that none of the parties (hould be concerned in any other Theatre j and that that any of them producing any new Play, Farce, Entertainment, or other exhibition, or any alteration of an old Play, Farce, &c. fliould have the common emoluments accruing to Authors from fuch produftions, cxclufive of the other parties. On the firft of July the contrafl with Mr. Rich's executors was compleated, and the money then paidj but in order to ef- ^^ ^' fedl the purchafe, the fum of Fifteen Thoufand Pounds had been bor- rowed. Viz, Six Thoufand for Mr. Rutherford, Five for Mr. Colman, and Four for Mr. Powell; for fecuring which fum of Fifteen Thoufand Pounds the three fourth fhares of MefTrs. Rutherford, Harris, and Colman, were mortgaged, Mr. Powell having made over the firft claim on the whole of his Ihare to the perfon of whom he had borrowed the other Eleven Thoufand of his proportion of the purchafe. By this account it will appear, that MelTrs. Harris and Rutherford were not called upon to make good their original contraft ; that Mr. Powell raifed One Thoufand Pounds more than his contra(5t required ; that Mr. Colman was not obliged to them, .diredly or indiredlly, for a fingle fliilling ; that he was a joint lecurity with them for the Four Thoufand advanced to Mr. Powell , and that Mr. Colman raifed, independent of the patent fecurity. One Thoufand Pounds more than Mr. Rutherford, who brought but Nifje Thoufand into the common ftock to Mr. Colman's Ten. It will fcarcely be con- tended that Mr. Colman could not raife 5000I. on his (hare ; at leaft it cannot be urged with a good grace by MeflTrs. Harris and Rutherford, who often aflured him how much more eafily the money was raifed by the ufe of his name : not that thefe particulars would be worth mention- ing, if it were not to fhew that there is not the moft minute circumftance in this whole tranfadlion, wherein the writer of the libellous Narrative has not attempted to deceive. The purchafe being completed, Mr. Powell, who came up to town on purpofe to fign the writings, returned to Briftol ; "' ^* and Meffrs. Rutherford and Harris fetout on a tour of pleafure to Buxton, Matlock, Harrowgate, &c. leaving all the care of preparing the Houfe and Company for the enfuing feafon to Mr. Colman. Before their depar- ture Mr. Colman (hewed Mr. Harris a paper containing a fketch of the alterations then propofed in the Company, and lamented the want of his and Mr. Rutherford's and Mr. Powell's alfiftance and advice in the courfe of his future operations during the fummer j on which occafion Mr. Har- ris, with much politenefs and apparent finceiity, replied, that it was of no confequence, fmce they (hould have nothing to do but to approve "what he propofed. The many cares attending my new fituation are not eafily imagined J but I was embarked on a fea of trpubles, and was D refolved [ '8 ] rcfolved to make way, if pofTible, with chearfulnefs and rcfolution. Af- ter a molt laborious and unwearied attention to the bufinefs of the The- jatre for fix orfeven weeks, having fettled every thing in the beft manner I was able, I went down to Briftol, and communicated all my proceedings to Mr. Powell, who exprefied great fatisfaftion at the meafures I had taken. In about three weeks I returned to London, expecting to meet the two other gentlemen returned from the North, and to find them in the lame good humour which they maintained before they fet out. In this, however, I was cruelly deceived. They received me '''^*" in the coldeft manner, and inftead of feeming lenfible of the trouble I had taken, broke out into complaints of their not having been made duly acquainted with all my proceedings. The only material fteps I had taken, were the receiving a Comedy of Dr. Goldfmith, and making an engagement with Mr. Macklin ; neither of which, efpecially the latter, 1 Ihould have done merely on my own judgment, had it not been ^Imoft next toimpoflfible to have obtained their opinionj as their motions were quite uncertain, and I never received a letter from cither of them, till a few days before I went to Briftol. Of thefe meafures, however, they declared their entire approbation; but before we parted, Mr. Ruther- ford took a frcfii occafion to differ with me, and rendered a very trivial concern a matter of great importance, hy peremptorily inftjling that the ar- rangements which I had made in that inftance fhould not be purfued. "What rendered this unexpedled oppofition the more Ihocking to me, was, that it was introduced by obfervations rather unfavourable to the reft of my conduct, for which 1 was weak enough to expedb a very different re- turn. Mr. Rutherford continued to injifi on my waving the point, which at that time was not only unadvifable, but impradicable. I profefled, therefore, that I ftiould moft fteadily adhere to it ; and on thofe terms we parted. It is but juftice to Mr. Harris.to declare, that he afted with the utmoft candour on this occafion. He undertook to be a mediator, and ufed every method to conciliate the mind of each party. At length Mr. Rutherford was prevailed on to wave his oppofition, by the interpofition of his friend, and the following letter from me. , DarSir, / WARM as I am, I can fee and feel the impropriety of it in myfelf, as veell as io others ; and I do aflure you, that I have entirely forgot any litde afperities on your part, and am moft heartily forry for whatever might have the air of violence on Ihine. Any arguments in favour of the contefted point, arifing from confiderations of gencrofity, prudence, or neccffity, I leave to your cool reflexion j and I nowre- queft k as a'fevour, that all which hath paffed on this fu^jedV, may be buried in fi- ll nee and oblivion i ai\d that you will give a chearful affent to the mcafttrc, if it be for L 19 [ for no other reafon than merely to oblige your friend, who will lay hold of every oc- cafion to convince you, that he is, with the utmoft regard and efteem, dear Sir, Your moft affeclionate humble fervant, Sept.8, 1767. G. CQLMAN. To ]. Rutherford, Efq. The charges of my forbidding them the ftage on the firft rehearfal, and negledling to introduce them to the performersi if they did not be- tray a ftrange difpofition to jealoufy and ill humour, would fcarce deferve notice. All I can fay is, that I never intended to give them the leaft offence, or to be deficient in any due attention to them -, nor did they themfelves at that time feem to entertain fuch fufpicions : for it was on the ftage that Mr. Rutherford and I firft met after the above little dif- ference : it was on the ftage that he took me by the hand, affuring me that he was perfeflly fatisfied, and how ardently he defired the continua- tion of a good underftanding between us : to which I was fo fincerely inclined, that I concealed the whole tranfadlion from Mr; Powell ; and ^he curtain drew up on the 14th of September, with feeming content on all fides, and the moft entire harmony in the cabinet of the four kings of Brentford. The above difference, however, proved to be a prologue to the fcenes of difputes that were to fuccced. A day or two after ^^ ' our opening the Theatre, I found the two gentlemen there together, and Mr. Harris, to my great furprize, in very ill humour. On enquiring the caufe, he faid that ah infult had been offered to Mrs. Lefiingham ; concerning which he would make no farther enquiry, as he would not know from whom it proceeded. That lady having been engaged on the recommendation of Mr. Harris, I verily believe that Mr. Powell, as well as myfelf, was inclined to treat her not only with refpect, but even with partiality, as far as it could be confiftent with the general intereft. I ventured therefore to vouch thus much, and defired to know the pre- fent matter of complaint, which proved to be her having been affigned a dreffing-room up ftairs. I told him that this was the firft word I had ever heard of it : that my attendance on matters merely dramatick and theatrical, was more than fufficient bufinefs for me ; and that the care . of dreflTmg- rooms, ward-robe, &c. had been kindly undertaken by Mr. and Mrs. Powell. Upon this he took me apart, and repeated his ex- preffions of diffatisfadion with more warmth than before. Myfecond anfwer was no other than the firft , whereupon Mr. Harris in fome mea- fure turned the converfation, by defiring that Mrs. Lefiingham might have the part of Imogen. I told him that, as the Caft Book then ftood, it was allotted to Mifs Ward. He faid that Mrs. LeflTingham could plaj it as well. 1 did not deny but fhe might ; adding, that all the bufinefs D 2 then [ 20 ] then affigncd to Mifs Ward muft be underftood to be merely on fuppo- fition J for that as 1 had never feen her play, (he might perhaps upori trial appear unfit for it; and that 1 had given her the part of Imogen, merely on account of the youth and innocence of her figure, which I thought very fuitable to the character. I added at the fame time, that, as a friend to Mrs. Leflingham, 1 would advife her never to play a line of Tragedy. This Mr. Harris in fome meafure allowed, but did not feem to think Imogen fo much out of her fphere as Belvidera, and fome other tragick charadters. I mentioned alfo, that as Mr. Powell had a capital part in the play, it would be but a reafonable attention to him, to con- fult how far it would be agreeable to him tocaft the play in that manner: but Mr. Harris faw no occafion for Mr. Powell's concurrence. This was all that paffed on the fubjed; and this was the only time that ever the name of Mifs Ward was mentioned for the part of Imogen ; nor was Sept. i6. .^ ^^^^ agitated on either fide as a matter of contention between her and Mrs. Leffingham. From this circumftance the Publick may de- termine of the confidence that is due to the libellous author of the writ- ten Narrative ; wherein, for obvious reafons, mean as they are bafe, that young aclrefs is brought forward as the objedt of difpute. It is to be hoped, however, that thefe wicked infinuations, falfe as they are fcandalous, will not contribute to throw a (lain on the charafter of a young adlrefs, wbofe condu^ has not only ever been moft unexceptionable in the theatre, but every-where elfe. About the fame period that the arrangement of Mrs. Leflingham*s drefling-room was taken into confideration by Mr. Harris, his friend Mr. Rutherford took upon him to promife a feparate dreffing-room for Mrs. Bellamy. Mr. and Mrs. Powell remonftrated concerning the great want of room behind the fcenes to no purpofe. Mr. Rutherford faid he had pro- mifed j and if it coft him 500/. to build new rooms, it muft be done. Jn a word, both the ladies were obliged, and both the gentlemen were fatisfied. On Friday, Sept. 18, the Prompter furprized me, by acquaint- ^'^' ing me that Mrs. Leflingham had returned the part of Neriffa in the Merchant of Venice ; and my furprize was redoubled a few hours after, by his putting into my hands the following letter : SIR, ** As I returned you the part of Nerifla, I think it right to give my reafon for it. I have as yet had no lift of thofe parts it is intended I (hould play ; when I have, and find I have an equal fhare of good and bad, I (hall have no objedlion to any, though the loweft. I defire you will acquaint the managers with this. I am. Sir, Your humble fervant, J. LESSINGHAM.'* 7> iWr. Younger, Prompter^ Covmt-garden. " Received the letter, of which this ii a copy, Friday, September 18, 175- , but the letter itfelf has no date, J Y." [ " I Piqued at the ftudied infolcnce of this epiftle, but unwilh'ng to re- fent it on account of the quarter from which it proceeded, I fubmitted the letter that very evening to Mr. Harris, who defended the propriety of it in fuch terms as led me to fpeak my thoughts very freely, both of the letter and its author. This was very highly refented by Mr. Harris, by whofe privity I then took it for granted. the letter had been fent i and I have fince feen no reafon to alter my opinion. He went diredtly to the Prompter, and ordered him to bring the Caft Book to his houfe the next day. . The Prompter did fo, and delivered it to MefT. Harris and Rutherford, from whom, on the morning of Sunday the 20th of Sept, juft a week after opening the theatre, 1 received the following letter ; " SIR, Saturday, 19 Sept. 1767. ** Upon examining the Caft Book, we find feveral parts allotted to Mrs. Leffing- ham, which we think improper for her to perform ; and others omitted, which we- think very proper for her fphere of ading. In order to avoid miftakes, we have ei- ther expunged or erafed from the Caft Book, the names oppofite to- fuch improper parts, and defue you will give diredtions to the prompter to infert her name in lieu. There are, likewife, many parts of plays not caft, which we think that lady very capable of performing, to the advantage of the theatre and herfelf, which we have fubjoined to the lift inclofed. * In this, and in every circumftance which we fhall advert to, we fliall endea-; your to do juftice to merit, at the fame time that we {hall carefully attend to propri- ety with refpet to ourfelves. Are, Sir, Your moft humble fervants^ T: HARRIS, J. RUTHERFORD." George Colman, Efq. " WE have deferred examining the generality of parts caft, left- we might inter-' fere with the bufinefs of the theatre by detaining the book fo long at one time ; a future occafion may prefent us with an opportunity of conveying to you our further an!madverfions oh that head. We are as before, T H 19th Sept. T *R * George Colman, Efq, Thefe are in the Caft Book. - Betty Clarifla Imogen Belmour Lavinia Flora Lady Betty Modifli Sullen ' Flora - Nerifla ~ - Clandeftine Marriage. Confederacy. CymbelinCr Way to Keep Him. Fair Penitent. SheWou'd and SheWou'd Not, Carelefs Huft>and. Stratagem. Country Lafles. Merchant of Venice. Lady [ " : to be mferted Caft. ! Lady Fanciful unlefs Mrs. Bellamy chufcs it. ^ Bizarre _ Lady Anne Lady Dainty Leonora Amanda Mrs. Conqueft Fidelia Clarinda Lady Harriet ^ Bermthia Florival ' - Provok'd Wife. Inconftant. Richard. Double Gallant. Revenge. Love's Laft Shift. Lady's Laft Stake. Plain Dealer. Sufpicious Hufbandk Funeral. Relapfe. Deuce is in Him. " Thefe parts allotted to Mrs. Leffingham. 19 Sept. 1767. T, M. J. R.** ^ 'Here was an open ad of hoftility , an aft fo far from endeavouring to extenuate the infolcncc of Mrs. LefTingham, that it was plainly calcu- lated to convince me" that they were both determined on every occafion to countenance and fupport it. My anfwer, fent the fame morning, was as follows : " Gentlemen, *' WITHOUT dwelling on the verV'ffrofs treatment which I have received from yourfelves and Mrs. Leffingham, I mall beg leave to remind you, that while you have been conljpiring to check my authority, you have exceeded the limits of your own. The article of agreement betwixt us, which inverted me with the theatrical management, empowered you jointly to objeft to my meafures, but not to prefcribe new ones of your own ; and from the direilor of the theatre, to fink me into fomething lower than the prompter. You will find therefore, that in flaking erafements from the Caft Book, and figning a lift of parts allotted to Mrs. Leffingham, you have as little attended to the propriety you profefs, as totherefpedt ^"e to Yur humble fervant, G. COLMAN." This anfwer was, I believe, the firft circumftance that ferved to waken them from the trance of defpocifm, into which their conftruftion of the article relative to the management had thrown them. A negative power it left them, but gave them no pofitive one. They told me indeed at our next meeting, that two negatives made one affirmative. I allowed the truth of tnat logick J but told them, ihzx. both together^ like the two letters in the word no, they made but one negative. 1 taxed Mr. Rutherford alfo with want of candor on this occafion, for joining to inlult me without fo much as inquiring into the merits of the caufe , re- minding [ 53 ] minding him, at the fame time, of the oppofite condu(5l of his friend on a former occafion. Mr. Harris then told me, he found 1 v/as an im- pradicable man, and defired, or rather injoined me to put my (hare to fale. Mr. Powell, who till then had only lamented our divifions in filence, was ftartled at this propofal, and frankly confeft that he thought fuch proceeding was injurious lo our common intereft. I told Mr. Harris that, finding I was become fo difagreeable a partner to himfelf and Mr. Rutherford, I (hould retain my ftare, on purpofe to plague them. It was, I think, at this meeting, and on this occafion, that Mr. Ruther- ford dwelling very much on the words manly and gentleman-like, I took occafion to tell him, in a carelefs manner, that I had never in my life heard thofe words fo often repeated ; but that I did not need his inftruc- lion how to behave either like a man or a gentleman. His reply to this was very violent, and ended with talking of going out with him, accom- panying thefe laft words with a ftride towards the door. I told him I thought it rather extraordinary, that he was not contented with giving the affront, if any had been given -, but that he alfo claimed the pri- vilege of refentment : however, that if he fuppofed I was to be terrified, he was miftaken. They then recurred to the paper in difpute, and afked if the lift of parts contained in it (hould be confidered as admiflible. I objefted to all the tragedy, particularly Leonora in the Revenge-, and added, that Mrs. Sullen belonged to Mrs Bulkley, and that Mifs Macklin was the original Widow Belmour. They again afked, if I was inclined to oblige them. 1 told them my chief caufe of offence was their having doubted that inclination, and having flown to ads of violence when gentle means would have been more prevalent. They then fuddenly changed their tone and manner ; Mrs. Lefllngham, forely againft my judgment in many inftances, was allowed the charafters in queftion ; and we parted once more in tolerable good humour. Such were the expoftulations of Meflrs. Harris and Rutherford, and; fuch were the injuries which I delighted to infiid: on their favou- rite aftrefs. But it feems, that I had co-ncei'ued a violent pique and refent- ment agahift her, the caufe of which fh all not he here related. Dark charges muft, of neceffity, be darkly anfwered ; but whenever the lady, or her advocates, fhall pleafe to be more explicit, 1 promife to fpeak plainly ia my anfwer, if (he, or they, fhall urge any thing of fufEcient importance to demand one at my hands. I allow the charge of employing news-papers to defend grofs partiali- ties*-, for I was weak enough to mention Mrs. Leflingham's having joined us, with the air of announcing a valuable acceflion to the ftrength of our company, by fpecial paragraphs in the public papers. I muft See MefT, R. and H.'s Narrative, p. jj, alfo [ 4 ] alio plead guilty to the charge o^ forcing unpopular performers on a patient audience *\ for on the firft night ot' her appearance, to prevent the morti- fication that her vanity muft fuffer from a thin Roufe, in direfl oppofi- lion to the opinion of Mr. Macklin, I fupported her lame performance on the crutches of Love A-la Mode. I alfo prefixed the Stratagem, in which fhe played Mrs Sullen, to the Oxonian in Town, while its no- velty was fome recommendation to it. I had the more merit in thefc facrifices, becaufe tht-y were made in dire(5b contradidion to my private opinion. In the laft inftance, two ftrong objedions to the meafure I purfued, ftarcd me in the face : firft, that fhe played the part moft ^vretchedly ; and, fecondly, that it was apparently injurious to a little piece, efpecially one of fo ferious a caft, to be performed after one of the lighceft and pleafanteft comedies in our language. But to return. From the moment after our meeting in confe- ^* qucnce of their memorable letter of September 19th, Mefirs. Harris and Rutherford exprefled the higheft fatisfafbion at the concef- lions which 1 feemed dilpofed to make, and were inceflantly urging me to bring forward the play of Cymbeline, afllgning as a motive, the ve- ry reafon which they now urge for oppofing the repetition of it, viz. thzt ii was frequently exhibited at DruryLanef. Mr. Powell alfo, bei.ng extre.mely attached to the charadlcr of Pofthumus, was defirous of (bow- ing himfelf in it, whoever might play Imogen. In this fituation I could not have avoided exhibiting the play, however averfe, without difoblig- ing them all three, if Mr. Dall had not received orders to paint a new fcene of Imogen's chamber ; a fcene which has fince given the public (o much fatisfadion, but which then necefTarily delayed the performance of the piece, into which it was to be introduced. Hence it will appear, that Mrs. LefCngham, without any competition, had been avowedly in poflcffion of the part from the 19th of September, that is, within a week of opening the Theatre. On the 12th of Odober Mr. and Mrs. Yates were engaged, the hiftory of which tranfadtion (hall be given in its proper place. From that inftant, I confefs, that all my notions of Mrs. LelTingham's playing the part in queltion vanifhed j for I could never fuppole, that MeiTrs. Rutherford and Harris would be fo blind to their own intercfts, or that Mrs. Le(ringham would entertain fuch an overweening opinion of her own abilities, as to think of her entering in- to a direA competition with Mrs. Yates. However, I was foon unde- ceived ; for on Thurfday the 29th of Odober, they roundly infifted on Mrs. Lcflingham*s retaining the charadter, which I as roundly refufed ; but not without remonftrating on the grofs partiality that would appear ia fuch a procedure; as well as the injufticc to Mrs. Yates, and the af- Sec Mcff. R. and H.'s Narrative, p. 37. t Ibid. p. 6. front [ ^5 ] fr?;nt to the public ; for all which my reputation, and chiefly mne^ would fuffer. They treated thcfc arguments with great contempt , upon which, finding nothing but further altercation likely to enfue, I abrupt- ly left them ; but I do moft folemnly declare, that I did not then, or at any other time, openly and avvwedly difclaim their right to lay me under any rejiraint ', nor did I declare^ that I would never difdcfi to them any of my future intentions. "^^ They were refolved, however, to carry this important point, if pofiible; and finding the a^ing manager inflexible, they not only tampered widi Isir. Powell, but applied to Mrs. Yates, with whom they had a very long conferencCj in her drefling-room, that very evening, as will ap- pear from the following letter, which they fent about an hour after they took their leave ; and from which, together with Mrs. Yatcs*s anfwer, it is hot difficult to guefs at the nature and fubjed of the conference itfelf. *< Dear Madam, " BEING in the greateft degree defirous of proving to you, that we are not men of mere profeflion alone, we take the liberty to defire of you, in your note to- morrow morning, not only a favourable determination refpedling the point in a^gitation, but that you will accompany it with fuch requefts as will conduce to the advancement of your Fatne ov Plea fur e -y and our immediate anfwer thereto fhail be the proof how much we are devoted to your defires. We are, dear Madam, Your moft humble fervants, Surry -^reet, T. HARRIS, Thurfday Evening, 29 Oft. J. R U T H E R F O R D. *' H. and R. beg the favour of your anfwer as foon as convenient in the morn-' ing, as we meet early on purpofe to receive it." ' Mrs. Yates's anfwer was as follows : " Gentlemen, ** IT gives me great concern to be obliged to tell you, that I think it wholly in- confiftent with my fame and intereft, as well as my engagements to yoiirfclves and the Publick, to confentto refign the part of Imogen to Mrs. Leffingham. At the fame time I cannot help adding, that it will diftrefs me exceedingly, on this and every future occafion, if my mind is to be diftradled by the different opinions of the feveral Gendemen concerned in the management. I am. Sir, &c. M. A. YATES. To this fhe received the following reply : * Dear Madam, '* WE have this inftant received your favour hope for your pardon for the trouble we have given you; and finding an application to you fo ineffet^ual, you may difmifs all fears of our difturbing your mind by any future one. We are, and ihall always be. Dear Madam, Your devoted humble fervants, Surry-ftreet, T. HARRIS." Tuefday morn. Oft, 30. J. R U T H E R F O R D." See Meff. R. and H.'s Narrative, p. 9, E ( ^6 ] _ The next morning, while I was attending a rehearfal at the ^'^ theatre, X received the following letter, to which I immediately returned the anfwcr fubjoined. From thcfe it will appear, that Mcffrs. Harris and Rutherford were the firfl perfons that threatened aa appeal tQ the Publick, as they have, infant, to our great aftonifhment, been the firfl who have made fuch an appeal. "SIR, ** THE very grofs manner in which you thought proper, yefterday, to condul yourfelf, being (o entirely repugnant to ihe articles we have entered into with you, as well as to the principles upon which you have verbally profefled to govern your- felfon a late reconciliation, we cannot fufFcr it to pafs without informing you, that until you fhall make the conceflions due to us for fuch a notorious breach of good faith, we fliall purfue a mode of condu6t that will be influenced by the keen rcfentraent you have infpired us with. Yet (hall take no unwarrantable fteps, nor any that we cannot juftify to the Publick, who will moft probably be acquainted with every part of our proceedings ; and however your importance may fufFer by your having overrated if, is a circumftance of which you are the fole author, ancl mull therefore abide by the confequences. Surry Street, T. HARRIS. Friday moi ixiiig, Oct. 29th. }. RUTHERFORD.'* " Gentlemen, " I NEVER did, nor ever will do any thing repugnant to our articles. The very grofs manner in which you and Mrs. Leflingham have always treated me, obliges me to exert to the utmoft the power thofe articles give me. Your keen refentment does not terrify me, nor ever {hall, whiie i know I can juftify my condu6l to our royal mafter, the lord-chamberlain, and the publick i to all whom I am very will- ing to fubmit it. Covent Garden, Friday morning, 061. 29,- 1767. G. C O L M A N." This. anCwer. was received by Meffrs. Harris and Rutherford, at the houfe of Mr. Powell, who, on every difpute, had always done every thing in his power to reconcile the parties to each other, and was then a<5ludliy employed in exerting his beil endeavours for chat purpoic. On the receipt of my letter, they both broke out into the moll violent paf- fion. OriC Tpxo}^{td to Attack my favourites 'i and, in the firft place, to difmifs Mr. Younger, (the prompter) keeaufe he 'was ujeful to me in my huJtHefs. It then occurred to exercife their negative powiVy by prohibit- ing the exhibition of the. Oxonian in Town, which was then in rehear- fal ; but that fuggeftion was, on fecond thoughts, oppofcd, becaufe it would be doing me a favour, as the pi^ce wotild certainly be datmed. ^ In ihort, the difpute now grew warm indeed, and the very fame evening I received a letter from Mr. Harris, to which, on ihe very fame evening, I returned an anfwer. The letter and anfwer are as follow: .mi^^\ S I R, [ ^7 ] " SIR, " YOU have aflerted you never did any thing repugnant to our tirticles. Are you not bv them obliged to fubmit every thing to our confuleration ? Have you done fo? We have neither of us any thing to do -with Mrs. LeiHngham's treatment of youj you fay it has been very grofs ; I believe that, as weij as yotir iirft aflertion, to b? moft falfe. You feem determined, upon every difputc, to bring that lady's condudl into queftion, in order to avail yourfelf of it as a favour- able plea with the Publick ; now that I hold to be moft pitiful and infamous. You are very welcome, Sir, to my life, if you dare any how to hazard the taking ir. I am going out of town this evening, at fix o'clock, and fhall return to-morrow about that time. If I hear nothing from you then, know, that your ungenerous, unmanly behaviour has made me upon every occafion of life your enemy. Surry-llreet,Fridayno.oD,oa.3a. . T. HARRIS." "SIR, ** AS Mrs. Lefiingham has been the fole caufe of every difpute between us, it -Was very natural, as well as proper, for me to mention her name; and as to the grots treatment with which I charged her, yourfelf, and Mr. Rutherford, I have the ]proofs of it under all your hands; fo that the falfhood, meannefs, pitifulnefs, and infamy, do not lie on my fide. As to my daring to take your life, God knows I dare not do it; but you and every other man (hall find that I dare on all occafions to defend my own : wherefore your profefled friendfhip or profefled enmity ace in that refpe<St equally indifferent to Great Queen ftreet, Friday evening, Oft. 30, 1767. G. C O L M A N.** To Thomas Harris, Efq. The next' evening Mr. Rutherford came to the theatre alone, ^_ . Y Oct. ? I and interrupting Mr. Powell during the play, in the midft of his anxieties in a new part, fpoke of me in fuch terms, that Mr. Powell thought it improper for us to meet; Mr. Rutherford, however, fending to defire to fpeak with me, I came to him. He faid that he had nothing to do with what had paft between Mr. Harris and nfie, but that he now came to inform me, that I was no longer fole manager of that theatre j of which publick notice would be given to the performers on Monday morning in the Green Room. I fmiled, and alked," if it waii worth while to fend for me merely to communicate fuch a piece of intel- ligence .'' My indifference threw him into a violent paflion. He begali to fwear: I walked away. He followed, and defired to fpeak with me-: I refufed to have any thing further to fay to him. On the fame evening, juft after the play was over, the prompter re- ceived the following letter, to which he fent the refpedful anfwer an- nexed : bur, refpedTful as it was, it gave the highefi caUfe of offente to MefTrs. Rutherford and Harris, from whom it drew the two letters here fubjoined to it, in which they have moft flagrantly exceeded the power given them bydur articles, by ^(Turning the power of difmiflion from the theatre. E 2 x< Mr. [ 28 ] Mr. Younger. SIR, " YOU are to caufe the inclofed paper to be immediately placed in a confpicuous- part of the Green-room, and to return us an anfwer, fpccifying the precife time of your receiving the fame. Sir, your humble fervants, Surry ftreet, Oa. 31, 1767, T. HARRIS. J 5 minutes paft nine. J. RUT HER FOR D.' Tht iTuUfed paper. ** UNTIL farther notice, any order from a fingle manager of this theatre will . be void and of no efted. Cnfiirffov T. HARRIS. oet j'i: J.RUTHERFORD." ** Gentlemen, " AS I (hall ever retain a proper refpeEl for all my employers, I flatter myfelf you will, upon a moment's reflexion, not wifh to fo far embroil me in the un- happy difpute at prefent fubfilling, as to infilt on my doing what muft render me obnoxious to fome of the parties concerned. I am with due refpe(^, Gcntlemen,.- Your moft humble fervant, Saturday, half an hour paft 10. J O S. Y O U N G E R." S I R, " Mr. younger, prompter of Covent Garden theatre, having given the higheft caufe of offence to us, we inform you, that we defire he may have notice immediately of his difmiifion from our fervice. Surry ftreet, Saturday Oi\. 31, 1767. J' r uV'hVr F O R D - three quarters pall 1 1 at night. J. KUlHtKfUlCU. To Geo. Colman, Efq. . ^SS I R, ** THE falary paid to Mr. Younger, heretofore prompter of our theatre, ceafed this day. You arc therefore to forbear any future payments to him. We are, Sir, your humble fervants, Saturday night, T. HARRIS. Oa.31,1767. J.RUTHERFORD." To Mr Garton. Mr. Powell, quite unhappy to fee our differences running to fuch a length, and defirous to do every thing in his power to heal them, prevailed on a very intimate friend of mine, to accompany him the next morning to confer with Meffrs. Rutherford and Harris on the fubjed, at the houfe of the latter, in Surry- ftreet. I was far from wifhing or defiring that any friend of mine Ihould involve himfelf in my difputes ; and I now Ihudder to think, that this gentleman's kind and friendly interpofitlon in my affairs, has very recently expofcd him to- the moft imminent danger of his life ; the lofs of which would have de- ilroyed all the future peace and quiet of my own, though I was no fur- ther acceffary to what followed, than in being the unhappy and innocent occafion. The [ 29 ] The good offices of my friend and Mr. Powell proved wholly neffedtual. Meflrs. Rutherford and Harris would hear of no other terms than an abolition of our prefent articles, and the execution of new ones, to be framed by their own diredlion. This was their uhi~ matum; and thus concluded this fruitlefs negociation of a treaty for peace. Being informed, by Mr. Powell, of their terms, I fent them the fol- lowing letter ; in which I rejedted their propofal of new articles, by ihewing that I meant to abide by thofe at prefent fubfilling between us. " Gentlemen, " I HAVE (ee.n Mr. Powell ; but after what has pafled, a perfonal intercourfe between us cannot be expected. According to our articles I fhall, from time to time, fubmit to your confideration the meafures I propofe to purfue in the manage- ment of the theatre; and any meafure againft which you fliall jointly proteft in writing, according to our articles, fhall not be carried into execution. Nov. I, 1767. G. COLIylAN." Mr. Powell, finding their violence impoflible to be mi- tigated, and thinking our property in the greateft danger from their method of proceeding, now, for the firll time, declared on my fide : and forefeeing the tumult likely to enfue, from the fteps which Meir. Rutherford and Harris had declared their refolutions of taking the next morning, thought it advifable to prevent that confufion as far as poffible, by collecting as many of the performers as could be found that, day, and laying before them a fair ftate of the cafe. On this occafion I related the ilory in the plaineft terms, read the letters which authenti- cated my narrative, and fairly Ji ate d th.^ article relative to the manage- ment,, reciting the negative power lodged with MelT. Rutherford and Harris, as v/ell as ihc pq/itive ouq veiled in me. Read the article, indeed, I could not, as I then had no copy of it. For the truth of thefe circum- ftances, I appeal to all the parties then prefent. The next morning the tumult, fo vehemently threatened on their parr, and patiently expeded on our own, aftually enfued. About eleven o'clock MeiT. Harris and Rutherford came on the ftage, and interrupted the rehearfal. They afked me, in an authoritative tone, if I had difmiffed Mr. Younger ? I anfwered. No. Will you difmifs him ? No. Some time after this, Mr. Rutherford faid, Did not we ORDER you to difmifs I'ounger ? Order me, Sir! He immediately recanted the imperious word order^ and was polite enough to fubftitute the gentler term defire. He read the article in an audible voice on the ftage to the performers, and afterwards aOced them if they would conti- nue to adt under Mr. Col man's management. They anfwered, Yes. Mr* t 30 ] Mr. Rutherfofd, mifundcrftanding Mr. Smith, and fuppofing that he meanc to alTent to r^f/r direcflion, laid with great heax, I am obliged to you. Sir \ you are a. gentleman. Mr. Smith, hawever, being alkcd by another performer to what he. had anfwrcrcd yesy faid, that his Yes impiied an alTent to aft under Mr. Colman. IVhy then,, gentlemen^ faid Mr. Ruther- ford, / iihII tell you one thing for your comfort -, the theatre will be fhut up, for wefJjall apply to the court of chancery for an injunSion for that purpofe. Soon after tlicfe tranfadions, Mrs. Mattocks tainted away, and 1 ran among others into the common Grcen-Room to her alTiilance. During my abfence, a difference arofc between my friend and Mr. Rutherford, in confcquence whereof he and Mr. Harris left the ftage, to which I returned a few leconds before their retiring to the great Green-Room. In lefs than half an hour, Mr. Powell came and told me, that MefT. Harris and Rutherford were inclined to a reconci- liation, if I would but confenc to the difmiflion of Mr. Younger for five minutes. 1 replied, that provided his difmiflion lliould be literally for five minutes, I would affent to it, fince they thought the form fo necef- fary to fave appearances. I own I did not fee why they were fo well inclined to terms of peace, which they fo peremptorily refufed the morning before ; but being very deeply affected at the part which my friend had taken in this affair, I was willing to do every thing in my power to promote a thorough reconciliation on all fides. Accordingly 1 accompanied Mr. Powell into the great Grecn- Room ; and being afked by Mr. Harris whether I would carry on the ma- nagement without doing any thing contrary to the article ? 1 replied, to the beft of my knowledge and belief, in thefe words : I never did any thing contrary to the article : I never meant to do any thing contrary to our arti- cle. All I dejire is to manage according to the article^ and to have an unin- terrupted exercife of the power which the article gives me. Meff. Wood- ward, Smith, Gibfon, &c. wereprefent: to them I appeal for the truth of this relation ; and to them I appeal whether * I apparently took fhame to myfelf on this occasion. The gentlemen, however, preserved the decorums of rcfcntment to the laft, and thought it neceflary, on the very moment of our reconci- liation, to commit a frefli violation of the article in queilion, by writing the following note to the treafurer of the Theatre : "SIR, *' Mr. younger being reinfiated as a prompter, you afe to contrtiuc the payments of his falary as heretofore. Monday, T. H A^R R I S. ^H)y. , 1767. J. RUf HE RFOAD.- Mr. GartoN. See the printed Narrative, p. ii. [ 3' ] A reconciliation being thus effedcd, Mr. Harris ^efired, ^hat as the play of Cymbeline had been lb much the obj: 6t of converfation and difpute, it might be laid afide for the prefent. Accord- ingly it was fo ; and the appearance of a good underftanding among us was once more reftored. But it was with the utmoft difficulty that MefT. Harris and Rutherford preferved thefe appearances ; for, inftcad of each of them favouring me with their advice in a friendly manner, they were continually fending me letters formally figned by them both. This was fo diredly oppofite to their profeffions, that I expoftulated with Mr. Harris on the fubjedb, and told him, that I was in hopes we were now to have gone on as friends, without recurring, in every little inftance, to the article, and reminding each other of the extent and limits of our re- fpedive power J but that if I faw him and his friend refolved to drive me, on every occafion, to the ground of the article, I would ftand on that ground, and defend it to the laft ; for that I very well knew how much and how little power that article gave me. Mr. Harris replied, that we had all juft power enough to plague each other ; and, to convince me that he might eafily be induced to exercife that power on his part, he added, that the breach between us had been fo very wide, that ic would not readily clofe again, without the moft fincere defires and en- deavours on all fides. . J profeflcd the greatcil: readinefs to promote fo defirable an end ; but the gentlemen were fo little inclined to meet mc half-way, that they ft ill continued the fame mode of behaviour which had led me to the above-mentioned expoftulation. In Ihorr, I plainly faw that they never would forget or forgive' the tranfadtions of the fecond of November. ^ About the latter end of that month, while things were in this ., , Govern l) fituation, Mr. Dall had finifhed the fcene intended for Cymbe- line. This redoubled Mr, Powell's impatience and anxiety to exhibit the play, and he applied to MefT. Harris and Rutherford (particularly the former) in the mod earned and fubmifTive terms, to v/ave their ob- je6lions to it. Mr. Harris was inexorable -, Mr. Rutherford faid, that we ought not to perform it without ajking Mrs. Lfjfmghawrs lea~ve \ and referred the farther confideration of it to our next meexing. One little occurrence, that happened about this time, will perhaps fliew the temper and complexion of thefe gentlemen, more than a matter of more confeqnence. The prompter had orders to fend them every evening an account of the rehearlal fettled for the next morning, and at the end of every week a plan of my arrangement of plays for the w^eck enfuing. One of thefe notes was as follows : SIR, t 32 ] S I ft, ^ ** Mr. MACKLIN's withdrawing his farce having rendered it ncce/Driy' td change the huftncfs propofcd for this week, Mr. Colman has ordered mc to lend p'd the frcfli plan he has now fettUd. Your moft humble fervant, J. Y." This was addrefled to Mr. Rutherford. The like note was addrefled to Mr. Harris, only concluding with the word fixed inftead oi fettled, as jn the above. Mr. Harris was fo touched at this exprcflioii, that he ajfked the prompter if the note was diflaced by Mr. Colman. The promp.- ter replied in the negative. Mr. Harris then commented gn the word fxed\ and obferved, that if the bufinefs wAsfxedby Mr. Colman, there was no need of fubmitting the plan of it to them. Being informed of this circumftance, 1 enjoined the prompter to ufe the term propofed or intended for the future i a caution which I believe he has ever fmce religioufly obferved. Dec. The profnpter's note of December the fifth ran thus : Plan of Bufinefs propofcd for next Week. Iifoiiday, Dec. 7th. (5^ /)flr//V/flr </^r^) Fair Penitent, and Faullus. 8th. Mahomet, and Mufical Lady. 9th. Philafter, and Apprentice, for the Fund. 1 0th. Othello, and Love-a-la-Mode. nth. Royal Merchant. 1 2th. Orphan, and >- Mrs. La Roche. S I R, ** Mr. colman has ordered me to fend you the above plan of bufinefs, prti- pofed for the enfuing week, and to acquaint you that he has received notice from his Majefly, that the firft time he honours this theatre with his royal prefence, will be to the play of Cymbeline; for which reafon he has ordered it to be put into re- hearfal next week. I ^^^ Sir, your moft humble fervant, J. Y O U N G E R." " P. S. THE author of the farce has been with Mr. Colman to withdraw it, and is to call for the copy on Monday morning ; muft therefore beg Mr. Colman may have it by that time." Rehearfal en Monday next, Mahomet at 10. Mufical Lady at 12. ' To }. RUTHERFOR-D, Efq, On the Tuefday and Wednefday following, the letters here fubjoined {jaffed between us. D^Aft. [ Si I Dear Sir, " WE are very happy to receive your information, that we may fpeedily expe3: t^e honour of his Majefty's prefence ; but we could have wifhed his Majefty had not been pleafed to command Cymbeline As cogent reafons might be given why that play fhould not be performed; we fliall never think you treat us fairly unlefs it is for the prefent poftponed. The appointment of the new opera for Friday next, we fuppofe, was an over- fight in you ; that being the * author's benefit at Drury Lane, would be deem- ed' in the highefl: degree illiberal in us to produce a new piece on that night, and is a meafurewe cannot by any means aflent to. It may be played for the firft time on Thurfday next, as at firft propofed, or any other day (excepting as be- fore) that you fhall think moft proper. We are, very cordially. Dear Sir, your moft humble fervants, Dec. 8th. 8 o'clock evening. T. HARRIS. J. RUTHERFORD." < Gentlemen, " YOUR intimation of my not treating you fairly, in the beginning of your letter^ does not carry that air of cordiality which you profefs in the conclufion of it. If there are fuch cogent reafons for difobeying his Majefty's commands, it would have been kind in you to have fuggefted them, as I muft confefs that none occurred to me which I durft have fubmitted to his royal notice. The opera cannot be ready on Thurfday, and muft therefore be poftponed till next week. I confefs I never thought of the author's fixth night j and as the firft night of the opera ftood for Friday, in the plan of bufinefs fent you, it is pity it did not occur to you fooner, as we fliall probably be confiderable fufFerers by the alteration ; not to mention the great hardfhip on the compofer, who is detamed from Bath, to his great incon- venience. I jjjjj Gentlemen, your moft humble fervant, Covent Garden, Dec. 9, 1767. G. C O L M A N." "SIR, *' YOUR charging us with inconfiftency in your laji, can only be occafioned by your hafte in reading it : the air of cordiality which we profejfed in the conclufion, was in confidence that reafons fufiicient would occur to you why Cymbeline ihould be poftponed. Cymbeline not being (as we are informed) in the lift of plays fent to his Majefty, and the fcenery, decorations, cafting, &c. &c. not being yet fixed on, you may moft certainly dare to fubmit reafon's to his Majefty's royal notice why Cymbeline cannot for the prefent be exhibited, if your paffion to oppofe our inclinations does not fway you in a ten times greater degree, than your defire to comply with what is pretended to be the choice of his Majefty. We are very forry the opera has not been got ready long fince, and that the com- pofer fliould fuftainthe injury of being kept in town ; but ftill remain of opinion, that if the opera cannot appear on Thurfday evening, as was at firft fettled, in regard to all our reputations, it cannot be produced before next Monday. We arc. Sir, Your moft obedient fervants, Surry flxcet, Dec. 9, 1767. T.HARRIS. J RUTHERFORD." i Mr. Keiuick, author of the Widow'd Wife. F The [ 34 ] The next day I met them at the Theatre, and fairly told "' ** them, that it was impofTible for me to proceed in the ma- nagement, while they fo ftudioufly endeavoured to take every occafion to make me uneafy , that Cymbeline was in the lift of plays fiibmitted to his majerty at the beginning of the feafon-, but to convince them that I did not want to carry any points but fuch as were conducive to the ge- . neral intereft, which I had always meant to purfue, I was rcfolved to refer my condu(5bto thole who had embarked their property with us, and to their own friends in particular ; that it was a wanton piece of cruelty to be perpetually trying to make my mind miferable, when my labours rather deferved their thanks ; that I had been a voluntary flave in the condufl of their property -, but that 1 was extremely hurt on- their feeming inclined to treat me like a fervant in every particular, except that of paying me wages. They received this expoftulation on my part with more temper and moderation than ufual. They declared that they had repeatedly, and on all occafions, profeffcd how much they thought themfeives obliged to me ; and no longer infifted on my reprefenting to their Majefties that we could not obey their Royal Commands refpefting the exhibition of Cymbehne. Mr. Rutherford, a day or two after, lamented the little bickering at this meeting, profelTmg the warmeft cordiality towards me on his fide, and vouching for the fame fentiments on behalf of his friend Mr. Harris. The rchearfals of Cymbeline were then continued without farther interruption or remonftrance ; and on Monday the twenty-eighth of December the reprefentation of the play was honoured with the prefence of their Majefties ; after whofe departure the plays, as ufual, were announced, and, among the reft, Cymbeline again for the fucceeding Thurfday, which occafioned the fol- lowing notes : Monday Evening, lo o'clock, Dec. 8th. " Mr. HARRIS and Mr. Rutherford prefent compliments to Mr. Colman. Are much concerned that he direfted Cymbeline to be given out this evening. Mr. Colman is well acquainted with their fentiments on that fubje(^, and hovir much it is their defire that Cymbeline fhould for the prefent be poftp oned. They doubt not he will conduct this circumftance accordingly." *' Mr. colman prefents his compliments to Mefl". Harris and Rutherford, and is equally concerned and furprized at their repugnance to the repetition of Cymbe- line; which is the more unexpected, as he mentioned to Mr. Harris his intention to have given it out for the next night, had it not been for the indifpofition of Mr. Powell. He flatters himfelf they muft do him the juftice to acknowledge the de- licacy which has been ufed towards them in this point. As this play had unhappily teen the caufe of diiTcpfion, it was laid ailde for a time, and at length refumed and performed t 35 ] pef formed by the exprefs command of their Majefties ; to whofe royal orders k Vbuld appear an indireft afFront, to difcontinue a performance, fo likely to redound to the intereft and credit of the theatre ; at the fame time that fuch a condudl would be a publick confirmation of the evil reports of difputes amongft the managers. to th( concur with himfelf and Mr. Powell Dec. Z9th. 3m this and many other conuderations which their own good fenfe will fuggeft them, Mr. Colman flatters himfelf, that on cool refledlion, they will chearfully ** THE compliments of Mr. Rutherford and Mr. Harris wait on Mr. Colman. It is certain Mr. C. did mention his defjgn of giving out Cymbeline to Mr. H. wliich exceedingly furprized him; but Mr. H. was very happy to hear it was to be deferred, both on account of the hatred he ever bears, and the unwiliingnefs he ha.v about him always to enter into altercation, and that there would be time to takf^' Mtv R's opinion. The advice. of their friends, joined to their cooleft refledlion, ftill fuggefts to them the abfolute imf)ropriety of reprefenting the play of Cymbe- line again fo foon as propofed. Their united and moft fmcere wifhes are, that this little difference may end here, and no more may ever arife ; and that Mr. C. will, in fome degree, pay attention to their fentiments : feeing that will make their happinefs confift in entirely purfuing thofe of Mr. C. Surry ftreet, Tuefday one o'clock. I was now credibly informed that, duriftg the reheatfal of the play, wagers had been laid by fome, who were of their privy-council^ that Cymbeline would never be performed but once. We had been at greac expence in the decorations, which wrere much approved ; the play was efteemed a creditable performance ; and there was a great demand for places againft any future reprefentation of it, not to repeat the duty in- cumbent on us to teftify the utmoft refped to the Royal Order by which it had been revived at our Theatre. The expences bellowed on the play had been incurred with the confent and approbation of MefT. Harris and Rutherford, in whom it was therefore the more unrcafonable to preclude our reaping the profits that might refult from them. It appeared alfo impoffible to keep terms with men, who were for ever feeking occafions of difpute. On thefc confiderations I made no reply to the above note, and continued toadvertifethe play. On Wednefday, Dec. 30, paft the following letters : "SIR, " WE abfolutely difapprove the performance of Cymbeline at our theatre un- til further confideration. Wednefday, Dec. 30, 1767. T. HARRIS. J. RUTHERFORD." To George Colman, Efq. Fz SIR, [ 36 ] "SIR, ** Our right (o forbid the reprefentation of the above play we draw from the articles entered into by yourfelf and us ; from your letter of the firft day of Nov. laft, (which runs thus, " Any meafure againft which you (hall jointly proteft in writing fhall not be carried into execution) ; and from your folemn declaration, to the fame purport, in prefence of MeiT. Woodward, Smith, Gibfon, &c. on the 2d of the laid Novettiber. It is with the lefs regret that we write in this abfolute manner, as our repeated defires, fignified in the moft refpeftful manner, have failed to make the Icaft im- preffion. We ^re your humble fervants, Surry ftreet, Dec. 30th. T. H A R R I S. J.RUTHERFORD.- To Geo. Colman, Efq, -** Gentlemen, " I HAVE juft received your mandate, and will print it as a reafon to the Pub- lick for performing no play to-morrow. Dec. 30, 1767. G, COLMAN." ** Gentlemen, ** GREAT part of our boxes being taken for the play of Cymbeline, great da- mage muft accrue to my property, by your method of proceeding ; I muft therefore apply to my friends and the Publick for redrefs. I moft fincerely concur with Mr. Coiman's fentiments above, and ihall abide by his determination. I am, Your moft humble fervant, W.POWELL." "SIR, ** IF you refufe to give direcSions for a play to-morrow night, we (hall : whether they will be obeyed or not, is for future confideration. What you are pleafed to call our'taandate, can be no reafon for (hutting up the theatre, as you have the whole circle of the drama CCymbeline excepted) from whence to eleft a play. Whatever damages may arife, we doubt not will be at your peril, as they can only enfue from your committing a breach of the moft folemn and legal engagements. We are. Sir, your humble fervants. Surry ftreet, WednyaayDec. 30, 1767, T. H A R R I S. 4 o'clock, P. M. J.RUTHERFORD." The following notes to the Prompter, with his minutes annexed, will fhew the other particulars relative to this tranfaftion : *' MR. Rutherford is greatly furprifed that Mr. Younger did not, as ufual, fend him 9n Saturday Jaft the plan of the enfuing week's bufmefs. Defires that he will be careful not to omit it in future, and that he will this evening fend to Mr. Ruther-r ford the account of plays intended for the remainder of the week." Newman -ftreet, Wednefday noon, 30th Dec. '* N. B. I gave the plan of the week's bufmefs, as ufual, on Saturday night tO' Sam. Besford, for both Mr. Rutherford and Mr. Harris , but fending for him on Sunday t 37 1 Stiiiday morning, (before he had delivered them) and giving him a frefli one foj each concerning the command, he thought the firft of no confequence and burnt them. I received the note above atone o'clock, and directly took the boy with me to Mr. Harris, where the porter faid Mr. Rutherford was, and told him as above : he faid I need take no farther trouble, he would explain it to Mr. Rutherford." Second Letter. ** MR. Harris and Mr. Rutherford defire Mr. Younger would not fail to come down to them diredtly, ifhecando it without injury to the reprefentation of the 0|ra ; otherwife to come to them immediately after the opera is over." Surry -direct, Wedncfday feven o'clock, 30th Dec. * WENTdire<5Hy; andontheiraikingwhat orders I had for to-morrow, told them Mr. Colman had informed meof their interdiction of Cymbcline, and that he would give no other order ; but that Mr. Powell was at the houfe, and faid he would give it out, 1 alfo told them the Merchant of Venice and Love-a-la-mode was defigned for JFriday, and Philafter for Saturday They gave me no order of any kind (except to fend them wcid of what was to be rehearfed next morning) but faid they fent for me to have ordered a piay, if Mr. Colman refufed doing fo, as bis letter to them mentioned." Dec. 31. Sent for by Meir. Harris and Rutherford to Surry-ftreet : told thenj Mr. Powell ordeied the giving out of the play laft night, and fent himfelf the bill$ to the printer ; and that Mr. Colman had given no theatrical orders fmce, though I breakfafted with him. j. y. Prompter." Open hcriilities were now recommenced, and every effort of fpleen and refentment was exerted to diftrefs Mr. Powell and myfelf in the condudk of the Theatre. Thcjngk caufe of difference was not, however, to be avowed , but * repeated and aggravated caufes were to be fuppofed. The very day berore, if 1 would but pay due attention to their fentiments, they would intirdy pirfite mine : but if not, they would not only oppofe iny fentiments, it leems, but endeavour to blacken and afperfe both our charadters with the charges of fraud and collufion : but when the reader has gone through thefe (hects, I will fubmit it to his decifion, in what iquarter there has been the mod appearance of collufion. They begun their firft attack on the exchequer, and fent the following letter to the Treafurer of the Theatre : ^ '^'* Mr. Garton. S I R, " YOU'LL pleafe to prepare your accounts for our infpe^ion next Friday morn- ing nine o'clock 5 and you are on no account to dilburfe any monies between this ana that time, when you will have further diredtions. SIR, Your moft humble fervants, Wednefday night, T. HARRIS. Dec.3cth, J767 J. RUTHERFORD." 3 ^'.\;;--.VVs; J * Seepiinted Narrative, p. z%.} . ^ They next attempted to ftorm the wardrobe, as will appear ^ ' by the following letters between them and Mr. Powell. "SIR, " WE defirfe yoii Will jJrefent biir ebmpliittehts to Mrs. Powell^ artd acquaint her that we dcfirc fhe will be pleafed to fend every thing in her po(refllon appertain- ing to the Theatre to the Wardrobe-keeper*s-office, as we intend forthwith to examine the ftate of both wardrobes : that you will alfo inform her how much we are oblig- ed to her for the trouble fhe has hitherto incurred ; but requeft flic would not make any further purchafe on account of the Theatre, as we ihall give diredlions to the Treafurer to pay nothing but incidental charges, until previoufly confented toby us. Your humble fervants, SUrry-ftreet, T. HARRIS, Thurfday cveningj 31ft JOoc. 1767; J. RUTHERFORD;* *' Gentlemen, " YOUR diredions to Mrs. Pbwdl cannot bfe complied with The Unappro- priated cloaths belonging to the Theatre have ever been kept out of the houfe under the care of one of the proprietors j they are now in my pofleffion, always free for your infpetion, and forthcoming for the proper ufe of the Theatre. However you may efteem Mrs. Powell for the care and trouble fhe has taken to herfelf concern- ing the property, I believd every gentleman that has made any advance in the pur- chafe, when they are acquainted with it, vull think themfelves greatly obliged to her. Whatever your doubts may be for the fafety of that part of your property in my pofTeilion, 1 know not ; but this 1 know, that my conduit has hitherto been fuch, as not to have my honefly, or Mrs. Powell's, called in queflion : fo that you may be afllired, your property is ever fafe with either of us. Your humble Servant, ift January, 1768. W. POWEIL." Ts Mejf. H. aU R. ** P. S. Mr. Colman, by our articles, is invefled with the theatrical as well as drarhatic diredlion of the Theatre ; and the care of the women's wardrobe and that of the men's was defired by Mr. Colman to be taken by Mrs Powell and myfelf, without ahy objelion made on your parts j and therefore we fhall pay every atten- tion to the department for the good of the property and th pleafure of the publick : and you mufl give me leave to tell you, that you fhall find I am not that cypher^ even according to our prefent article, as .you feem by your treatment to imagine. I am yours, W. POWELL." Here it may not be improper to mention, that there had been fome little altercation the preceding day, concerning a drefs for Mrs. LefTing- ham -, that lady having taken great offence, from not being indulged with a gown and petticoat to play a chamber-maid in the Clandeftine Mar- riage. 1'he direBions to Mrs. Powell we interpreted as an intended infult to her hufband, and the requeft to defift from further ^ur chafes as a new mode [ 39 3 mode of diftrefling and embarrafling us in our affairs : but it was almoft impoflible to conceive or imagine that they meant to ground a charge of fraud or coUufion in this circumftance, after they had, by the advice of Mrs. Rich, approved of keeping the unappropriated cloaths out of the wardrobe ; and had not only joined with me in defiring Mrs. Powell to take the care of them, but agreed to purchafe Mr. Rich's dwelling- houfe adjoining to the Theatre for the refidenceof Mr. and Mrs. Powell, allowing a very large abatement of the rent, in confideration of their re- serving a room for the occafional meetings of the managers, and other apartments for the purpofe of lodging therein the unappropriated cloaths. As MeiT. Harris and Rutherford were now to ftand forward as ') afting managers, no circumftance, however minute, tending to im- prefs an idea of their importance, was to be negledled or overlooked. On the fecond of January therefore the Treafurer of the Theatre received the following : Mr. Garton. sir,. ** IT would have been proper in you to have advertifed the different tradefmen of the juft form of addrefs to their refpedlive bills which fhould have been thus : Harris^ Rutherford, Colman, and Powell j that being the form in which the patent, &c. is conveyed to us. ** The bills we now fend you, as far as we are concerned, you are at liberty to- pay, with the refervation exprefs'd excepting thofe which are differently fubfcrib'd.; Are, Sir, .Your moft humble fervants, Surry-ftreet, T.. H A R R I S. . Saturday, Jan. ad, 1768. J. RUTHERFORD."' If the reader recolleds the dialogue with the Prompter touching the vfordjixedy he will not be fo much furprifed at the above reprimand to the Treafurer. Proper orders, however, were immediately iflued to the tradefmen ; and it is hoped that all who may hereafter be employed in the fervice of Covent-Garden Theatre, will remember to addrefs their, refpedive bills to MelT. Harris and Co. The fame day I received the following : SIR, *' THERE is now fo much time elapfed fince you were paid for your intended alterations of the tragedy of King Lear, that we think proper to defire you forth- with to produce the play, or pay the fum you have received on that account again into the treafury of the Theatre. * If you will take the latter propofed method, it will be by far the moft agreeaWe to Your humble fervants, Surry-ftreet, T. HARRIS. Salurdi^y Morning, ad Jan. 1768. J. RUTHERFOR D." Knowing, [ 4 ] Knowing the unquirt fpirits of the writers, I looked upon this letter, as well as that to Mr. Powell, to be nothing more than a frelh ' infulc, that their rcfentments to me might keep pace with their inftanccs of fpleen to Mr. Powell. I muft own I never expeded to be called on for a juftification of iny chara<5ter in a tranfadion o^ this nature ; and I am very well convinced, that the gentlemen themfelves never thought of exhibiting fo fcandalous a charge, till after the fecond repre- fentation of the play of Cymbcline. This, and the other affenrons rela- tive to Mr, Powell's going to Briftol, as well as the infinuations con- cerning the wardrobe, and Mrs, Yates's engagement, will appear to be the moft excepuonable parts of MtiT, Harris and Rutherford's conduft. iPaffion is a human frailty, and therefore in forae degree excufabie , but rancour and malice, fupporledfby falihood, are diabolical. The affairs, of the wardrobe Jiave been already confidered. The mattens of King Lear, and Mr. Powell's going to Briftol in the firmer, were j^ both agitated fo long ago as onThurfday the 26th of November, .' . ' and.the fubftance of wh^t paft was as follows : : " ,, I told them that the money arrfing from my night, as author 'of thp Oxonian in Town, lay as yet in the office ; but that as I was, by our articles, to be paid for every thing which I did in fuch a capacity, I would, if they thought proper, tzket be clear receipt of the houfe that night, as . a confideration for my infertions in the Rehearfal at thfc opening of the Theatre, and my alteration of King Lear; adding, that the alteration of Lear had given me more trouble than that of Philafter, for which I "had a night at Drury-Lane ; but that as it did not abfolutely add a play to our catalogue, and as it was a work I (hould never have undertaken had I not been engaged in the direftion of a theatre, I (hould be very well contented with fuch a confideration for my trouble. They afked if I had not better refer ail thofc matters to the end of the feafon, I replied, with all my heart ,; that I did not mean to aik it as a favour 5 but that as I believed I (hould do nothing more of that fort this year, and as the money happened t be in the office^ thofe circumftances had in- duced me to mention the matter at that time. Mr. Powell declared his opinion, that the demand was a very moderate one, and that he thought I might very reafonably have claimed a night. I faid that, whenever I produced my alteration of the Silent Woman, I (hould be undoubtedly enr titled to one for that piece ; but in the prefent inftance I (hould be very well fatisfied with the fum then in the office : whereupon it was unani- mouQy agreed, that I (hould take out the clear receipt, which amounted to 64/. ^s. more than was due to me as author of the Oxonian in Town. The above letter, iiifolent as it is, does not deny my having been ;p^/^ by their confent ; but it is particularly happy for me, that Mr. Hutchinfon, a gentle- t 41 ] a gentleman whofe integrity has heretofore extorted even their approba- tion, was prefenc at this Icene, and can vouch for the truth of this re- lation. - But, fays the invidious note to the printed Narrative*, This is a cufia- wary liberty taken from time to time ivith this play in the reprefentaticn ; and, particularly, by the celebrated manager of Drury Lane^ who, ive are affured, never charged a Jingle farthing to his brother patentee for fuch fer- vices. If the celebrated manager of Drury Lane had ever attempted to execute my projected plan of altering King Lear, my labours on this occafion would undoubtedly have been fuperfeded ; hut thai he never charged a fingle farthing to his brother patentee for fuch fervices f, both he and his brother patentee know to] be falfe ; and that juilly celebrated manager himfelf, more than once, propofed to me to join with him in a reform of the theatre, wherein thofe pieces which did not require fo much alteration as to entitle the new editor to a benefit-night, were to be rewarded by a certain fum {or each play. My revifal of King Lear falls diredlly under that defcription ; and, I believe, the manager him- felf will allow, that I have had no more than a quantum meruit for my trouble -, nay, 1 will fubmit to be tried by a theatrical jury, with that manager, as he ever ought to be, at their head ; and I will forfeit double the fum, if my foreman does not bring me in not guilty. That he has been paid for his fervices is mod certain, as it is mofl certain ; that he has been paid no more than he has very fairly earned. He was pleafed to tell me, that I fhould find my trouble, as a(5ling- manager, would very well deferve 500 1. a year -, and to add, that he would give my partners 500 1. a year, if they would not fufFer me to be a6ting- manager. Thefe were his fentiments and expreflions at that time ; but, as Abraham fays in Harlequin's Invafion, thofe happy days are ovef. The other aifair Hands thus : On the 28 th of May, when the article relative to Mr. Powell's ^ falary, &c. was figncd, when Mr. Hutchinfon, who prepared it, ^^ * ' firit read that claufe, wherein it was to be agreed, that none of the * See their Narrative, p. 13. f On a revifal of this page, and a fecond reference to their printed Narrative, I find, that their note in p. 13, concerning the cujiomary liberty taken vjith this flay in reprefentation, alludes to the play of The Rehearfal\ not to King Lear. In that inftance Mr. Shuter, as well as every former Bays, took, the fame liberty, and charged nothing extraordinary for fuch fervices. But the ufual extempore pleafantries of the aftor in this character, aie very different in point of quantity, not to fay quality, from thofe written additions which they are pleafed to call the infertion ofafeiu lines \. How much of the 64I. 5s. Meff. R. and H. are pleafed to charge to this account, I cannot tell ; but my agreement gave me an undoubted right to receive a confideration for them : and, few and trifling as they are pleafed to call thefe additions, oa whatevex occafion they fhall produce the like, 1 will convince them I have aot been over-paid. o ^ ' ?-'*'\-0 X Meff. R, and H.'s Namtivei p< 13* , . v . i^ G ' parties [ 4J ] parties Jhouldy after thefirji of 05tohcr^ aEl^ write ^ or have any ccncern / arrf other theatre^ Mr. Powell abfolutdy refiifed to fign it, alledging the necefllty he (hould be under to retain his property at Briftol, at lead for fome years, injuftice both to himfelf and his family-, who, noiwith- ftanding the emoluments that might accrue from our intended purchafc, would be extremely diltreffed and pinched in their income, till ^ * he had paid off the money, principal as well as interelt, bor- rowed on the occafion. After two or three hours debate, he, with great reludlance, fet his hand to the article; and I will venture to fay, that my arguments and warmth on the occafion induced him to confent to it. At the fame time, to mark our lenfe of his compliance in this in- ftance, he was promifed, by Meflrs. Harris and Rutherford, as well as myfelf, that^ to indeinnify him, in fome meafure at lead, for the lofs he fhculd fuflain by not aEiing at Brijiol in the fummer^ fliould be a matter of our future confideration. After the completion of the purchafe, and our opening the theatre, Mr. Powell frequently took occafion to mention this matter, and defired to know on what footing this affair was to ftand, that he might deter- mine in what manner to conduft himfelf, in regard to his connedions in Briftol. Meff. Rutherford and Harris, for a long time, found means to evade giving a determinate anfwer -, but, on the 26th of November, Mr. Powell dcfiring a categorical anfwer, they told him they would give him leave to go to Briftol ; that they had altered their fentiments on this head, and conceived the reputation of each patentee to be as diftindl as his perfon, and that the a6tions of one individual would be no derogation to the chara6ler of another; that they were even reducedi, though with great regret, to plead poverty on the occafion \ for, as the money laid down for the purchafc was not all their own, what with the payment of intereil, and the large incomes they had given up by aban- .doning trade, their abilities to oblige Mr. Powell did not keep pace with their inclinations-, befides which, it was to beconfidered, that both Mrw Powell and myfelf derived emoluments from the theatre, in which they had no fhare : but however,"^ to fhow their unwillingnefs to deprive him of any pecuniary advantage^ they affented to his going -, and ordered Mr. Hutchinfon to draw up a proper form of permilTion, in writing, on tlie .fpot, to be immediately figned by Mr. Colman and themfelvcs. To this, however, Mr. Golman would by no means confent, faying, that iihe originally oppofed Mr. Powell's going to Briftol propter dignitatem^ thinking it inconfiftent with his prefent fituation ; but that if th?y had *lurmounted that obftacle, he had no ftronger objedions to ur^e a- gainft it i though he would never fuffer it to appear under his hand , .., * See their priiUtU Narrative, p. 14, + Ibid, p. 15. ^'"^ '^ that^ [ 43 ] rfjat for the fake of refufing fome rafcal counters to Us friend^ h^e would fuffer him to bring an imputation on them all. To (hew however, that he did not mean to counterad: Mr. Powell's intention, or their per- miflion, he propofed to add to that claufe in the article relative xb the parties not being concerned, in any other theatre, the words 'within ten miles of London ; by the infertion whereof, Mr. Powell would be at li- berty to follow, his own inclinations, without rendering Mr. Colmaa re- fponfible for a condud: which he did not approve, and Wv)uld be glad to find proper means to prevent. As to the feparate emoluments of Mr. Powell and himfelf, he reminded Meff. Rutherford and Harris, that they were no more than they muft n^cejTarily pay to other adors and authors ; and that, as Mr. Powell and Mr. Colman paid each a fourth of it them- felves, their particular advantages from their labours were lefs than thofe of others in the fame fituation ; but that, fuch as they were, if MefT, Harris and Rutherford would "^ ena^ tragedies, or write comedies^ they would be entitled to the like. As to Mr. Colman's \\ going fo far as to inftfi warmly on the reafgnablenefs and equity of Mr. PoweWs demand of a be- fiefit on this occafion, it is abfolutely falfe, for which I appeal to Mr. Hutchinfon. Such a demand, I really think, after the tran faction of the 2Sth of May, would have been both reafonable and equitable ; but, to the befl of my knowledge and belief, the mode of compenfation was not mentioned, nor any fuch demand then made by Mr. Powell. By this time the reader will be tolerably enabled to judge how far the narratives, printed and manufcript, drawn up by the authority of Meff. Harris and Rutherford, are fupported by indubitable and aut hen tick evidence 1^. Their account of the engagement of Mr. and Mrs. Yates is, in point of cxa6tnefs and veracity, confiflent with the reft of their narration. The very date is erroneous, purpofely erroneous, like that of the firft material tranfadion between us. Their Narratives f would in- finuate the engagements of Mr. and Mrs. Yates to be fubfequent to the tranfadlions of the fecond of November -, thereby meaning to con- ceal, as they have always moft induftrioufly endeavoured, the real caufe of thofe violent difputes, and to hold up Mifs Ward as the objeft of contention. She never was, on any occafion, rendered an objedof con- jtention.-, though the note in their Narrative relative to fome -pcrfonal aU -tercation^ en account of cafiing the parts of Cymbeline, exprefly fays, in di- rect contradi(5tion to the living teftimony of the whole theatre, Mr, >iColman wanting Mifs W to play the part of Imogen \ which Harris and Rutherford conceived would he better fupplied by Mrs. L , who had * See printed Narrative, p. 35- II Ibid. p. 14. ' "" J See Apology prefixed *o the printed Narrative. f See primed Narrative, p. 11. Ibid, p. 15. * G 2 ' PLAYED [ '44 J PLAVED IT THE PRECEDING SEASON AT DruRV LaNE. Oft MrS^ Yates's joining the company however, and refufing to give up the part, it was ajfigned to neither. The poor flimfy fallacy of their whole reprefen- tation of this matter mull be evident to every perfon who has read the foregoing pages of this true ftate of the cafe. Mifs Ward's claim to the chara6ler had never been fet up with an air of contradiction to their fen- liments ,. was never maintained in competition with Mrs. Leflingham i and was wholly withdrawn within eight days after opening the theatre. Mrs. Yates wa*- engaged on the twelfth of Odober -, adlually played Jane Shore on the fixteenth; and whether the charafter of Imogen (hould be performed by Mrs. Yates or Mrs. Lefilngham, was notorioufly the whole fubjeft- matter of the violent heats and animofities from the twenty-ninth of Odtober to the fecond of November. Yet, fay MeflT. Harris and Rutherford, in their printed narrative, after having con- cluded their garbled account of thofe tranfadions, The ^ reconciliation which ENSUED gave Harris and Rutherford fome reafon to hope that af- fairs would now be carried on in an amicable manner. They were very SOON HOWEVER SURPRIZED w/V^ Mr. Colman^s having taken upon hi^n t9 engage Mr. and Mrs. Tates : an aflcrtion, in refped to its chronology, which the very authority of the play-bills is fufficient to confute. Still, however, (fay they) Mr. Colman engaged Mr. and Mrs. Yates ; and the -f furprife of Harris and Rutherford was the greater, as all the four ^ jv A CONSULTATION HELD fome days before, had been unanimoufly of a coti' trary opinion. The only confuUation that I recolle(5t on this affair was, that I had one day the honour of all the proprietors under my roof at din- ner ; after which the fubje<5t was ftarted, I believe by Mr. Powell, who fecmed very defirous of forming fuch an engagement. Mr. Rutherford alfo feemed to lean to his opinion : I was not wholly difinclined to it, provided we could obtain Mrs. Yates without her hulband, whole affift- ance, excellent as he is, as our company ftood, we did not fo much "heed : Mr. Harris was wholly averfe to our thinking of either. It was then generally faid that Mr. Barry and Mrs. Dancer were not to return to Dublin ; and on the Saturday following the latter was pub- lickly announced, after the play at Drury Lane, to perform there on the fucceeding Wednefday. The impatience and anxiety of Mr. Powell could then no longer be fubdued. He preil me in the moft earneft man- ^her to permit him to enter into a ferious negotiation with Mrs. Yates ^ "iwiding, that he thought I carried my punftilious delicacy towards the tnanagers of Drury Lane much too far ; that if Mr. Barry and Mrs. Pancer had croffed the water, and Mrs. Yates had ftill been (landing t>ut upon terms, it would perhaps have been illiberal to interfere j but 1. W* t P. 1 3 tHat [ 45 ] that fince the managers of Drury Lane had thought proper to take Mr. Barry and Mrs. Dancer into their houfe, ftill leaving an opening for Mr. and Mrs. Yates, he did not think, in juftice to ourfelves, that we ought to omit ftrengthening our company with fo pppular an adrefs as Mrs. Yates. Thefe arguments had, in my opinion, fo much weight, that I told him I Ihould be glad to know whether Mrs. Yates would }o\n us alone. This, on his application to her, (he refufed ; whereupon Mr. Powell intreated me, if I had the leaft regard for his peace of mind, or his reputation, to engage h/b. We went together to Mr. Harris's houfc in Surry Street. Mr. Harris was out of town. We then went to Mr. Rutherford's in Newman Street. Mr. Kutherford alfo not being to be found, a noje was left, requefting the favour of fee^g him at the theatre, on earneft bufmefs, next morning by ten or eleven o'clock. We waited till near noon, at which time we fet out for Mr. Yates's at Mortlake, leaving the following letter ^ from Mr, Powell for Mr. Rutherford. * Dear Sir, Paft Eleven. *' SINCE I had the pleafure to fee you, I find that Mr. G has engaged B and Mrs. D ; and 1, yefterday, had the moft aflured intelligence, that they had complied to give Mr. and Mrs. Y their own terms, theconfequence of which you muft fee that they would do every play in fuch a manner, with B , D s and Y , that w^e fhould not be able to make the leaft ftand againft them; and in fuch cafe, my reputation as an aiior (ftanding alonej muft fink ; which to prevent, I would, for my own fake, withdraw myfelf from the ftage, for a time, as an a<Stor. Yefterday I faw Mrs. Y , who has generoufly given me the preference, and will not clofe with Mr. G till Ihe hears from me, which muft be this morning. The moment 1 came to town from Mrs. Y laft night I called with Mr. Colman, at both your houfes, in hopes to have con- fulted and got your confent to engage them. I applied again this morning, but could not have the pleafure to fee you. We have now waited to the laft moment ; it is the very crifis of my fate and fortune ; my everlafting welfare is on the engag- ing thefe people; and it is Mr. Colman's fentiments, that at all events the moment fhould not be loll ; and I think, -when you come to hear how we are befet, you will happily concur. We are now gone to Mortlake to complete it, and hope you will fay amen. 1 am very unhappy till it is done. Your's, W.POWELL." This letter plainly declared that we were gone to Mortlake to complete the Engagement with Mr. and Mrs. Yates : and that this intelligence was not very unpleafing to Mr. Rutherford ; and that he, at leaft, did not then regard it as another grofs breach of the articles between us, may be col- Icded from the following note, which I found on my table at my re- turn. I Re- I 46 ] ^ 1 Received this rnftant (my dear friends) Mr. Powell's letter. H. dineS wit1t roc ; and if you have any immediate occafion to recur to'us, we are to be found in Newman-ftreet from four to fix; fliall be at the theatre foon after fix j hope to find you both there. Yours moft fincercly, Half paft la, mom. J. R, To G. CoLMAN, Efq. Cf W. PoWELL, Efy. That I did not offer to carry matters with fo high a hand, as the gcn- llemen are plealed to reprefent, will appear from my anfwer to the above note. Monday + o'clock. Since returned from Mortlake. " Dear Friend, *' THE deed is done^, done on my part with fear and trembling, becaufe we had not the good fortune to meet with you beforehand ; but I think, nay am fure, it is for the beft. I have particular company to dinner, or would have flown to you; but will get to the theatre as foon as my company's departure fhail releafe me. Yours, duly and truly, G. C. Ti J. Rutherford, Efq. In the evening I went to the theatre ; and, from the whole tenor of Mr. Rutherford's behaviour, which was agreeable to the fpirit of his letter, I concluded, I ftill think not without reafon, that he was very well fatisfied with what we had done, thinking it a meafure conducive to the intereft and reputation of the theatre. Mr. Harris, however, it muft not be diflembled, appeared extremely difla- tisfied, conftruing Mr. Powell's letter as a menace, and declaring his right to think their confent necejfary to our forming an engagement of fo much C'xpence and confeq^uence^. I acknowledged that right; and affured him that Mr. Powell's letter was not intended as a menace-, that, confider- ing the tragick ftanding-army of Drury Lane, occafionally reinforced by Mr. Garrick himfelf, if we ever meant to ufe a bowl or a dagger this feafon, 1 thought the meafure was right -, but that if, after all, Mr. Rutherford and himfelf fhould declare themfelves to be of a contrary opinion, Mr. Powell and myfelf would chearfuUy defray the expence of that engagement, being confcious that there was an irregularity, in hav- ing formed it without having previoufly obtained their affent to it. At length Mr. Powell intreated Mr. Harris, if he had any regard for his (Mr. Powell's) fame or happinefs, to fhew no farther repugnance to the meafure; whereupon Mr. Harris declared he would never fay any thing farther againft it. How far Mr. Harris has kept his word, or how far Mr, Rutherford's fubfequent conduft has been agreeable to X Printed Narrative, p. i. I 47 I his behaviour at that period, the reader is left to determine j and' their objedtion to this engagement, on account of the expence of it, may be eftimated by their conference with Mrs. Yates, as well as their letter to her, on the 29th of Odober. Whether this engagement has enabled us to add to the publick entertainment, the Publick will judge for themfelves. But here again occurs another inftance of collufion ; for ^ Mr. Powell Became eniitled to the addition of 1 00 /. to his Jalary ; and it -f is to be re- marked that Mr. JVoodward's engagement was antecedent to Mr. PcweWs article -y by virtue of which he was entitled to a larger falary than any per- former hereafter to be engaged. The reader is dcfired to obferve, that Mr. Powell's article with us, as a Performer, was figncd, as appears by the date, on the 28th of May, fome weeks before, we were in poOeflion'of the patents ; and I will appeal to Mr. Hutchinfon before-mentioned, who drew the article, and whole name appears as a witnefs to it, as well as to the confciences of all the parties who figncd it, whether the whole fcope and intention of that article was not to lecure to Mr. Powell the firft fala.- ry in the theatre. In what manner a court of Jaw might conftrue the words TO BE engaged \ and how far the cafual circumftance of Mr. Woodward's being in articles with the preceding patentees, at a higher falary, might render him an exception ; 1 will not pretend to decide : but before Mr. T. Harris ventures another ccmparifon J between Mr. Powell's difingenuity and his own generoftty^ we would advile him not to infift on the above conftrudion. Mr. Woodward's excellence in his profeflion is very well known : but does he, excellent as he is, defcrve a luperior falary to Mr. Powell } And will any reader of common fenfe conceive it to be the meaning of any of the parties concerned, to rate Mr. Powell lower than Mr. W^oodward i* This, however, is the ground of the black charge of collufion between Mr. Powell and Mr. Colrhan, by which finifter method they were to add 100 1. to Mr. Powell's falary i fifty of which they were of neceffity to pay themfelves, and to divide the remaining fifty between them. Add to which, that eflimating Mr. Yates's falary at 300 1. which added to that of Mrs. Yates's, amounted to the grofs fum of Soo 1. Mr. Colman and Mr. Powell, by a moft re- fined ftroke of policy, contrived to pay 200 1. each out of their pock- ets, for the Take of receiving five and twenty. Hence appears the great utility of the narratives of Mefi^. Harris and Rutherford, who thought it incumbent on them, as well injuftification of themfelves, as out ofrefpeoi to the Publick, to prevent, as far as lies in their power ^ any misrepresenta- tion OF FACTS. * Printed Narrative, p. 13. f Note to ibid. J Note to ibid. p. a6, O See Apology to their printed Narrative,. . The [ 48 T The relatTon of thcfe tranfaflions, which naturally fell tinder the charges of collufion and fraud, carried on between me and Mr. Powell, has necelTarily turned the tide of my narrative, which will now run on, as it began, in the regular courfe of time. Jan. I. On the firlt of January the treafurer of the theatre received the '768. following letter : * S I R, ** YOU have our permiffion to pay the accuftomed weekly falarles, and the \nr cidcntal charges of mufic, properties, and fupernumerary performers ; but you are ot to pay any other fum of money whatfoever (Mr. Harris's fourth part of the balance of cam excepted) unJefs certified for payment tinder our hands. We are. Sir, your moft hurtible Servants, Surry Street, T. HARRIS. Wednefday, Jan. ift. 1768. J. RUTHERFORD.'. To Mr, Jonathan Garton, Treafurtr of Covent- Garden Theatre. As Mefl". Harris and Rutherford had, on former occafions, declared, that, fooner than fuffer the fordid confideration of intercft to controul them, they would fee the theatre in flames j we began to think it high- ly neceflary to call in fome cool and difpaflionate perfons, whofe inter- pofition might adjuft our differences j and to prove that we were in ear- ned in fuch an appeal, we thought it the moll unqueftionable mark of candour, to (how ourfelves willing to refer the confideration of our dif- ferences to the particular friends of Mefl*. Rutherford and Harris. In- deed we the more readily recurred to this method, having propofed it, as the reader may recoiled, not without fuccefs, on a former occafion. To avoid, however, the moft diftant appearance of any clandeftine tranf- a(5Vion, the following letters, to their friends and to themfclves, were difpatched at one and the fame inftant. "SIR, ** AS you are a particular friend and acquaintance of Mr, Rutherford, your prcfence isearneftly requefted at the King's Arms tavern in Cornhill, nextTuefday at one o'clock, to meet fome other perfons on affairs immediately relative to the moft efl'ential interefts of Covent-Garden Theatre. We are. Sir, your moft obedient humble Servants, Tan. ift. 1768. G. COLMAN. Wra. POWELL." To Charles Foulis, Efq\ at Woodford- Roiv, Effex. Others to the fame purport, mutatis mutandis, to the under-mentioned gentle- men, viz. Richard Ofwald, Efq; PhilpotLane. Mr. Palmer, Att. at Law, Do. Mr. Longman, Pater- nofter Row. Mr. Neale, Banker, Lombard Street. Gen- [ 49 ] *' Gentlemen, *' BEING confcious of the reHtude of our conduft, we are willing and defirous to fubmit it to your moft intimate and particular friends j for which purpofe we have fumnwned the under-written gentlemen to the King's Arms tavern in Corn- hill next Tuefday atone o'clock, when, if you pleafe, you may attend. We are. Gentlemen, your humble Servants, Jan. ift. 1768. G. COLMAN. Wm. POWELL." Charles Foulis, Richard Ofwald, Matthew Duane^ Henry Bullock, Thomas Longman, Neale, Palmer, Efquires- To Mef Rutherford and Harris. The gentlemen whofe names are printed in Italick charaiers, were concerned for the party who had advanced the money to Mr. Powell. On my own part I fummoned nobody ; and Mefl". Rutherford and Harris took care, that on their parts nobody (hould appear, except the agents of Mr. Ofwald, over whom they could have no influence. On the 5th of January, however, Mr. Powell and I met the other gentlemen at the King's Arms, in Cornhill> when we received the following letter. " Gentlemen, *' WE have each of us a fummons to attend you on the affairs of Covent-Gar- de.il Theatre. As we cannot pofiibly have any right to interfere in this matter, muft beg leave to decline the meeting. Mr. Harris and Mr. Rutherford are gentle- men who, in our opinion, will never a61: contrary to the principles of honour and righ t, or to the tenor of their articles. . j^j. ; -? As our friends^ we are ever ready to fupport them to the utmoft ofoar abilities. We arej Gentlemen, your mofl: humble Servants, Tuefday morning, CHARLES FOULIS. v^j Jan. sth. 1768. H.J. NEALE. THOMAS LONGMAN,"* Ttf G. CoLjwiAN, andW, Pqwell, Efqs.. . The words, or to the tenor of their articles^ appeared on the receipt of the letter to be added after the reft ; and to corroborate our fufpicions, they do not appear in the copy exhibited in the printed Narrative"^. This event afforded great matter of triumph to MefT. Harris and Rutherford, as appears by the ftile of their letters that imme- '^5* diately fucceeded it. For our parts we cannot, to this moment, ac- count for their exultation on this occafion , for what could more teftify the wcaknefs of their caufe, than their unwillingnefs to fubmit it to their particular friends, without any thing on my fide, but the plain merits of the queftion ? We are alfo equally at a lofs to account for the conduit of the gentlemen whofe names appear at the bottom of the above let- ter -, who not only peremptorily refufed to hear the cafe, which might probably have led to an accommodation , but took upon themfelves to prejudge a matter, of which they could not pofliibly know more than one fide of the queftion. See tlie Narrative, p. 26. H la .[ 50 ] In the mean time Meff. Rutherford and Harris, delighting themfelves with the idea of my difappointment, amufed themfelves with preparino- an additional iineafinefs and infult for me at my return. To this pur- pofe they took care that I (hould find an irritating letter on my table, which 1 was weak and peevifh enough to diftinguifli by an anfwer, which produced, the very fame evening, a reply more infolent than their original epiftle. They are here fubjoined, according to the order in which they were written. "SIR, ** WE difapprove of the Merchant of Venice having been murdered on Friday night laft, which we (hould have prevented, had we been confulted. You know. Sir, it is at your rijk that you order any play, farce, &c. &c. to be exhibited, dr that you take any one meafure, without previoufly fubmitting it to our confideration. We difapprove of the Recruiting Officer for next Wcdnefday, unlefs Mifs Mackiin is well enough to play Sylvia ; fearing fome adtrefs (and the pieafure of the Publick) may be as much injured by that charadter, as Mrs. Bulkley was by playing Portia. We difapprove of the tragedy of the Orphan, that play having been too often reprefented this feafon, to be again performed fo foon. We wifli not to go on in facrificing the pieafure of the Publick, the intereft of the theatre, and our whole company of performers, to one or two of your favourite tragedians, Surry Street, T. HARRIS. Jan. 5th. 1768. J.RUTHERFORD.'* ** N. B. We fear the Publick may think the comedy of Every Man in his Humour too often repeated." To G. CoLMAN, Efq. ** THE intereft of the theatre is in no danger but from your condudl and your par- tialities. Mr. Powell, who has a right to give his advice and offtjiance '>N\itn called on, perceives, that it is not poflible for us to keep our doors open, if the diredlor is liable to fuch frequent and ftudied interruptions; and we are advifed, that no court can ever be led fo far to mifconftrue the article between us, as to fuppofe, that the giving you a power that muft be fo prejudicial to our common intereft, could be the intention of it. I fhall continue to al in a manner confiftent with the fpirit of it ; I wifli you to do the fame. As to the re<Slitudeof our conduft, or your own, I fhall fubmit that matter to the Publick, before whom I fiiall lay a full ftate of the cafe in a very few daya. Jan. 5, 1768. G.C. "SIR, *' THAT the advantage of the theatre is in imminent danger, we cannot but imagine, as we conceive the entertainment of the Publick, and all our own parti- cular interefts, to be very much injured by your paft condudl, your unjuftifiable par- tialities, and your collufion with Mr. Powell. Our proofs we refer to the place where they may be exhibited with efficacy; to urge them to you, however cogent, we are too well convinced would have no eifed; and it is the more 10 be lamented that [ 51 1 that we cannot fay you want abilities, but that you referve them for your own private feparate emolument, and are cn^czvonnng our dejirv.^ion; hut your di/homwy and PoweH's ruin, cannot fail to be the iflue of your condu6t, as this day's meeting muft have rendered obvious to you. As to your charge oijiudiedinterruptions^vrc totally difclaim it; being confcious that we can prove, to every impartial perfon, that we have never made them^ but with a view to our joint and refpedlive interefts; and we cannot be prevailed on to believe that the Publick will ever efpoufe the caufe of a man who has afted uniformly incon- fijient with his articles^ and derogatory to the profeffions which ought to be more binding to him than articles, his moft folemn reiterated promifes. It would be but manly in you both to exonerate yourfelves from obligations you every moment lay under to us, (prefume you are acquainted that Mr. R. has propofed to difcharge bis part of the loan to Mr. Ofwald) by finding any one man of property who will take the burthen of being fecurity for you both from us, who are fearful of the confequence, before you perfift in infulting thofe who have made you both what you are in refpect to the theatre. We dare not take upon us to fay what may be the decijion of a court of judicature ; but whatever that may be, we fhall fubmit to it with the utmoft refpeft and re- verence. Sir, your humble fervants, Tuefday even. S o'clock, T. HARRIS. Jan. 5, 1768. J.RUTHERFORD." G. Col MAN, EJq, The next morning, (for now every hour teemed with frefh in- fuks) Mr. Powell received the following, ^^"' ^* "SIR, ** IN collufion with Mr. Colman, you have dared to endeavour the alienating the confidence of Gentlemen, whom you fuppofed Vfc were indebted to. Should we retaliate fuch infamous behaviour, and prevail on one of the firft men in the kingdom to undertake a relation of the whole of your bafe conAu^ refpedting us, to a noble lord, to whom, we know, you are indebted for your All, (excepting the fum we ftand as fecurities for) how ought you to tremble for the confequence ? This from your humble fervants, Surry ftreet, Wednerday Jan. 6, 1768. T. HARRIS. J. RUTHERFORD." To W. Powell, Efq, at a Mufick Shop in Rujfeljireet, Covent Garden. In the above letter it is remarkable, that the gentlemen could not reftrain their indignation within their letter, but fuffered it to overflow, even to the direftion , and remembering Tully's maxim, x officina nil liber ale^ contemptuoufly reproached Mr. Powell with lodging at a mu- fickfhtrp. The fame evening I was honoured with the following : Jan. 6, "SIR, *' THE cruel neceffity we lay under of holding correfpondence with you is ex- ceedingly diflrefling and dangerous, which we are convinced of from the meeting H 2 of { f ] oftheplavecs, whom you chndeftinely convened, and read to them our privafe letters^ though wrote to you in pcrfonal confidence, and in the rooft unguarded manner, Tome of them on points to which we could only be rerponfibie as man to man. You have often threatened us to retire from the management. You have often threatened us to appeal to the Publick; nay, you abfolutely have had the effrontery to dare an appeal to our friends : the iflue of thiit appeal, we believe, ftill lives in your memory. With rcfpc^ to the Publick, our roluinct on their protedion canno< be exceeded by your owfi\ and we have now by us a tiarratlve of our whole proceedings with you, from the firft moment to the prefent time, all ready for publication ; but we have been advifed by our friends not immediately to publifti it j and \{ you do ap- peal to them, (the Publick) it can only be occafioned by your dcpeiKling on your art to work upon the paJTions of mankind, and becaufe you dare not wait to abide by x.\\t\x judgment, as rauft be the cafe in a high court of judicature. You will urge, perhaps, how much we are obliged to you for the trouble you have given yourfelf, in taking upon you the whole management of the theatre^ and to Mr. Powell for procuring the purchafe of all our wardrobe, neceflaries, and keeping them afterwards in his own houfe. From the above circumftances fevere injuries have, in the opinion of us both, already arifen to our fortunes, and (the barrier being, now entirely deftroyed, which was formed for our fafety) we dread the fuiu*e ones. It is not for us to" determine the fpirit of our articles from the litter of them : that we will not prefume to do j but you are confcious we fay, Sir, ycu know that it was our conftant, repeated, and uniform declaration, that we would never be con- .cerned with you in the theatre, without having both of us an equality of power with you in the management thereof. We obferve it to be your conftant method, when we have objected to a play, that you have ordei:ed a weaker one. You have no right to order a play for reprefentation before it has been propofed to us. What can be expefled from the play of to-night weak in itfelf^ and having been already repeated this feafon to bad houfes? The play of to-morrow ftands almoft in the fame predicament. If you fay in excufe, there i% no btttpr hufinefs ready^ we are very forry the pleafure of the Publick fhould be fo tvegleaed. Sir^ your humble fervants, Surry ftreet, T. HARRIS. Wednefday Jan. 6, 176^. J. RU THE FORD." The two plays referred to in the conclufion of this letter, were the Confederacy, and the Recruiting Officer, aftcd on the firft two nights of the revival of Orpheus and Eurydice. It is a pity the gentlemen chofe, in thfs inftance, to prognoflicate , for had they (laid till they had an ac- count of the receipts of thofe nights, which were very confiderable, they might have known "Jjhat might be expelled from them. Agreeable and entertaining as it was, we had neither leifure nor in- clinanon to maintain fo polite a correfpondence. We defifted, there- fore, from taking any notice of their letters, and a kind of ibllen (ilence cnfued for fome days. In the mean time, the avaricious Colman and colKifrvc Powell were diggirrg in the mine for the benefit of Harris and Co. [ 5J ] Co. who, while they were eating the bread of our indudry and the publicly munificence, and the manna was yet in their mouths, like the Ilraelites in the wildernefs, murmured againft their feeders. On the iiih of January, the correjpondence was renewed with an affumed air of candour and moderation, which, however, they not being able to fuftain, the correfpondence broke ofFa fecond time. The rife, progrefs, and conclufion of this refumed correfpon- dence, will appear from the following letters -, to which we fhall fubjoin a few fhort obfervations, naturally arifing from the letters themfelves, as -wgW as from the com ments on them in the written and printed Narra- tives. *< Gentlemen, ' INCLOSED you will receive a copy of Mr. Hofkins's opinion on our cafe.. As his abilities and integrity in the law are well known to Mr. Colman, we have the greater reliance upon the impreffion they muft neceflarily make. This opinion, as well as another we have taken, points out the infallible remedy for redrefs ; yet,, like the reft, it advifes an adjuftment by arbitration, becaufe our difpute (differing from the generality) muft be attetided with thefevereft injury to the property litigated,, exclufive of the perfonal expence to be incurred individually. We therefore pro- pofe an arbitration of our difpute by four gentlemen, totally uncoticerned in affairs of the Theatre ; two to be nominated by us ; unexceptionable in point of rank, for- tune and reputation ; and impartial, never having been in the leaft concerned in our affairs. Ifyoufliall both concur in this propofal, and nominate two gentlemerl'' of equal confideration and impartiality, we ftiall be ready to enter into bonds for fuhinitting to the award of the gentlemen fo nominated. You will fee we could' not accept or even anfwer the propofals you made, becaufe you had, without our knowledge, taken upon you to determine who fhould be judges of our caufe j yet referving to yourfelves the liberty of receiving or rcjeling their award. *' In cafe you Ihall liften to this propofal, we (hall not remit the ardor with which> we are now profecuting our fuit in Chancery, until the bonds of arbitration are figned. (We mention this, that you may not afterwards imagine there had been- duplicity in our condudl.) " If you fliall not liften to this propofal, we fliall, befides profecuting our fuit immediately, take fuch fteps, however violent, as will more fpeedily prevent your managing our property againft our confent ; being well afcertained, that for what- ever damages may accrue, you will be refponfible. And we fhall have this addi-- tional fatisfalion arife to our minds, (which we doubt not will alfo have its weight in a court of judicature) that we are not the authors of the train of mifchiefs which* muft enfue your refufal. Gentlemen, Your humble fervants, Surry -ftreet, T. HARRIS. Monday, i ith Jan. J. R U T H E RF O R D.^' To Geo. Colm-an, and Wm. Powell, Efqrs. *' UPON perufal of the cafe of Mr. H. and Mr. R. and the articles of agree* ment therein ftated, and the letters which have pafied between them and Mr. C. I atu of opinion that Mr. C. and Mr. P. have b:en guilty of many material and fub- I ftantial [ 54 1 ftantial breaches of the articles ; and particularly with regard (o Mr. C. in ordering the. play of Cynibcline to be performed, after it had been exprefsly and pofitively forbidden by Mr. H. and Mr. R. by writing under their hands, and even after Mr. C. himfclf, on z confultation with them, had agreed to difcontinuc it. As alfo in em- ploying and taking into the fervice of the Theatre Mr. and Mrs. Yates, (efpe- cially at fo large falaries) not only without the confent of Mr. H. and Mr. R. but even contrary to arefolution wherein he (Mr. C) himfelf joined with Mr. H. and R. a few days before. And with refpe<SV to Mr. P. in taking great part of the wardrobe from the Theatre into the particular polTeflion of himfelf or his wife. And it feems to me, from the conduct of Mr. C. and Mr. P. hitherto, as if they were determined to throw of}" all regard to the articles, and to ail in the management of all matters relating to the Theatre, as fole and entire owners thereof, in abfolute exclufion of Mr. H. and Mr. R. from any furcher concern therein, than to receive iheir {hares of the clear profits thereof. ** I am alfo of opinion, that if a bill was to be filed by Mr. H. and Mr. R. againft Mr. C. and Mr. P. and his wife in the court of Chancery, that court would decree n fpecific performance of the articles for the future, and would order Mr. C. and Mr. P. to make faiisfadlion to Mr, H. and Mr. R. for their refpeflive {hares of all damages which fliall appear to have been fuftained by any breaches of the articles by them rel'pjclively ; and would order Mr. P. and his wife to depofite in the proper apartments of the Theatre the parts of the wardrobe which they have improperly taken into their pofTeflion. And unlefs matters can be in fome manner amicably adjufted to the fatisfadtion of all parties, and apian agreed upon for preventing future difputes^ I {hould advife Mr. H. and Mr. R. forthwith to file abill in Chan- cery againft Mr. C. and Mr. P. and his wife, for the purpofes above. Lincolns-Inn, Jan. 9th, 1768. EDMONDHOSKIN S.' Monday afternoon, fix o'clock. ** Gentlemen, *' I HAVE juft received your letter with the paper inclofed, both which I fhall communicate to Mr. Powell, and doubt not but he will fpeedily concur with me in giving you a proper anfwer. In the mean time Ifhould conceive, from Mr. H's opinion, that he has not yet had a full and impartial Jiate of the cafe laid before him, lam Your humble fervanr. G. COL MAN." To Meff. Harris and Rutherford. " Gentlemen, ** HOW far we have or have not been guilty of any breach of our articles Is not for you or ourfelves to determine; but we are fo fully perfuaded of the integrity of our actions, that we are not in the leaft fearful or unwilling to fubmit them to a court of judicature, my Lord Chamberlain, or the Publick ; nor are we at all in- timidated by your menace of more violent meafures. Yet as our dilTenfion (how- ever trivial the caufe from which it arifes) may be ferious in its confequence we are ready to refer to proper perfons the care of framing a plan of articles which may prevent future uneafinefs. We are. Gentlemen, Your humble fervants, Jan. 13th, 1768. G. COL MAN. W. POWELL." To Meff, Harris and Rutherford. Gentlemen, [ S5 ] ** Gentlemen, *' WE wifli that your reply to our propofal had been formed in terms more precife and clear, that we might not have loft time in defiring your elucidation of your own writing. We will repeat to you (if poiHble in more precife terms than before) the queftion we propofe. Will you, with us, fubmit your and our pafl: cnndut to four gentlemen, now and heretofore totally unconcerned with the Theatre ; two nominated by you, two by us ; unexceptionable in point of rank, fortune, and reputation ; and abide by their determination, whether as to award of damages on either fide, ratification of prefent articles, abolition thereof, and formation of new ones (if judged neceflary and equitable) and as to all matters relative to the fu- ture government of the Theatre ? Your humble Servants, Surry Street, T. HARRIS. Wednelday, Jan. nth. 1768. J. RUTHERFORD.'* To G. CoLMAN, and W. Powell, Ef(is. '* Gentlemen, ** OUT of tendernefs to yourfelves, we forbore to enter into any paft tranf- actions, as an enquiry of that nature muft neceffarily lay open the real caufe of the unhappy difference between us j nor indeed is any thing material to the general intereft and happinefs, but a proper arrangement of matters for the future. We propofed therefore (and we now repeat the propofal) to refer to proper perfons the care of fettling the articles in fuch a manner, that the management of the Theatre may be carried on to the fatisfaiflion of all parties ; nor have we any objedion, if you think it eligible, to fubmit our paft conduct to the confideration of the fame perfons ; confident as we are that, in the opinion of any unprejudiced judge, we ihall be found to have deferved a very different treatment than we have met with from you. Your humble Servants, Jan. 14th. 1768. G. COLMAN. Wm, POWELL." ** Gentlemen, *' OF late we have wrote you in *the moft clear, precife terms, upon an affair f the utmoft importance to our property. That part of your anfwer which, at another time, would have excited our mirth, now caufes our indignation. Out with your tendernefs ! we totally difclaim it, and contemn your pretences to it. In our prefent fituation, all we could wifli is, that the whole of our paft tranfac- tions were knov/n to the world. We now refer to our former queftion for your plain and unevallve anfwer, and fubjoin the following : Have you fixed on two gentlemen under the defcription we propofed t and, will you direct your attorney to meet ours, and form fome inftrument that may effec- tually bind all parties to abide by the award ? if you defire that we fhould nominate firft, we have no obje<^ion. It is un- manly to give us evallve anfwers. One to the purpofe, or none* We are. Gentlemen, your humble Servants, Surr/ Street, T. HARRIS. Friday morn. Jan. 15th. 1768. J. RUTHERFORD.'' To G. CoLMAN, flniW. Powell, Efqs^ 2 Gentlemen, [ 56 ] ** Gentlemen, THE ftile of your letters makes it as impoffible to hold an epiftolary corrc- (^ondence with you, as to maintain a perfonal intercourfe. If you will be plcafed to favour us with the name and tddrefs of your auorney we will appoint one to attend him. Your humble Servants, G. COLMAN. Wm. POWELU * To Mtjf. H. i R. ** Gentlemen, *' MR. Coulthard, of Breams-Buildings, Chancery-Lane, is our follicitor, to <Whom we refer you for our future intentions. Your humble Servants, Surry Street, T.HARRIS. Friday evening, Jan. T 5th. 1768. . ^ J.RUTHERFORD.'* ToG. CoLMAN, andW, Powell, Efqt, ** Gentlemen, *' AS the delay of payment of our tradefmen muft be very detrimental to the credit and intercll of the Theatre, we delire to know your refolutions concerning the bills now in your hands, which ought to have been difcharged fome time ago ; and the rather, as the non-payment of thofe bills is the only obftacle to the fatif- fying Mr. Ofwald's claim of intercft due to him on his mortgage. Your humble Servants, Jan. 16th, G. COLMAN. c i768# Wm. POWELL.'* To T. Harris, and]^ Rutherford, Efqs. " Gentlemen, *' WE received your's of the i6th inftant. It is thought advifable you fhould have notice, that on the firft general fettlement of our accounts, each refpeftive proprietor will be deemed to have received fo much money as the orders ifllied by him, or by his direction, may amount to, in part of his proportion]of the dividend due to him on the profits of the theatre. We are, Gentlemen, Your humble fervants, Surry-ftreet, T. HARRIS. Frid. Jan. 19, 1768. J. RUTHERFORD.* Geo. Colman, and Will. Powell, Efqrs, S I R, " WE have inclofed to you (except two or three) all the bills in our pofleffion, either figned, or an obfervation made thereon. For the credit of the theatre we have pafled thofe bills to you, but think proper to Itferve to ourfelves the right of claiming for any prejudice that may have arifen to our property by the payment of thofe bills. We think proper alfo to advife you, that the orders for admiffion to the theatre, iflued by the proprietors, or by their dired^ion, as well thofe heretofore given as thofe whirl) may be hereafter given, we (hall expeiiJxo be iccounted for as cafhbjr fhe reljje^ive proprietors. Wc WE are extremely forry that any difputes fhould contribute to the increafe dt. ttouble in your office, and (hall take every opportunity of rendering your fituation as fecure and agreeable as poflible, and are, Sir, Yo^r m3ft humble fervants, Surry-ftreet, T. H A R R I S. Tuefd. Jan. 19, 1768. J. R U T H E RF OR D:" To Mr, Gar TON. After a perufal of the above letters, wherein it is propofed to fub-j mit to arbitrators, the abolition of the prefent articles, or formation of neiVt the reader will think it ftrange, that Meff. -Kutherford ^nd Harris fhould complain of our assurance, mpropojing the new-modelling prefent articles^ or the framing of new ones -|- / Strange, however, as it may appear, their agent declared to our own, that Meff. Harris and Rutherford had no intention to affent to the abolition or formation of articles. The day after Mr. Garton received the letter, diredling him to charge as ca(h the orders for admiffion to the theatre, iffued by the feveral Pro- prietors, or by theirdiredion 5 Mr. Garton, at mydefire, waited on Mr, Harris, to know if He and Mr. Rutherford meant to reftrain the Per- formers from occafionally giving orders to their friends, as ufual ? Mr. Harris replied, that it was an eftablifhed privilege, of which neither Mr. Rutherford nor himfelf ever wilhed or intended to deprive them. So that the only perfons who were not to be allowed that privilege were, ic feems, the Proprietors themfclves. In the firft of the above letters, Meff. Harris and Rutherford, with the fame fpirit of opennefs and ingenuity that has ffione through all their conduct, tranfmitted to me a copy of a learned counfel's opinion, without fending me, at the fame time, a copy of the cafe whereon that opinion was given , and how far I wronged thofe gentlerften in affe^- ing to think, ^ that a fair and impartial Jlate of the cafe had not been laid before the counfel; thofe who have compared this plain tale with their tales, may eafily determine. The client who deceives his counfel, ul- timately deceives himfelf , but the truth is, that the chief objedt in view was, to draw from fome eminent counfel fuch an opinion, as might ferve to bow my mind to truckle to the flavery which they would im- pofe upon me ; for the reader muft, by this time, be convinced, that in the ffiort fpace of my theatrical diredlion, every method of iniult and intimidation has been ufed to drive me to facrifice our property, and the credit and intereft of the theatre, to their partialities, and the caprice and vanity of Mrs. Leffingham , of which my fubmitting to take the part of Mrs. Sullen, in the Stratagem, from Mrs Bulkley, in favour of \ Printed Narrative, p. 33, % Ibid. 31, I Mrs. [ 58 I Mrsr Lcfl>ngbam, is an .inftancc of which I forely repeirt, and for which I am {till, to life one of iljeir favourite ?ig\ixt^i burning 'ivith Jhame. The* cafe laid before their CQUnfel, as plainly appears from the references to it in the opinion, contained the fame charges, fupporttd by the lame evidence, that are urged againft us in their printed and manufcript li- bels. Their Narratives, indeed, and the cafe fubmitted to counfel, are materially, and fubftantially, one and the fame ; firft tranfmittcd to counfel by a hackney-writer of one fort, and then drefled up for publick infpcftion by a hackney-writer of another. Still, however, it is urged that the court of Chancery would decree d fpecifick performance of the articles. 1 do not doubt but it would. Bat give me leave to afk thofe gentlemen, and even thrir counfel, what is a fpecifick performance of the articles ? Is it that I am not to carry on the ordinary bufinefs of the Theatre without previoufly fubmittmg at all times, every minute particular to their confideration and rontroul ? Is not the acting manager to appoint, or, from the contingencies of ficknefsor other accidents, to alter a play appointed for reprefentation, without their previous concern ? Is he not to caft the parts of a fingle play, be- ipeak a fingle drefs, or occafionally fubftitute Mrs. Bulkley for Mifs Macklin, without fending at eight or nine o'clock in the evening to Mr. Rutherford in Newman-ftreet, and to Mr. Harris in Surry-ftrcet .^ If this ht a fpecifick performance^ as the above letters conftrue it to be, it leaves the director lefs power than is commonly and neceflarily lodged in the prompter: and I cannot fuppofe that the wifdcm and equity of the nobletl court of judicature in the world will folemnly decree fuch a fpe- cifick performance^ as the nature of the cafe renders impoflible to be put in execution. Granting, however, for argument fake, that the court would even decree a fpecifick performance of that fort, for which the narrators contend, give me leave to afk another queftion : Mufl: noitbeir negative po^jkrh^ always exercifed in iht firji inftance .'' and can they, after having openly or tacitly concurred in a meafure, capficioufly retrad that concurrence ? After having not only approved, but defired^ the reprefentation of Cym- beline ; after having coniented to the expenfive decoration of it ; had they a right, not only on the eve of its reprefentation, but even after the reprefentation of it at the Command of Their Majefties, to prohibit the repetition of it .'' If this be, as they aflert, their 'f indubitable tight to a ne- gative voice^ by the fame indubitable right they might reftram me from opening our doors ; and after the lengths to which they have proceeded, I fhould not be at all furprized at their attempting to cxcrcife their w^^- tive power in that manner. t Printed Narrative, p. 30. But [ 59 ] But then the Court would order Mejf. Cclman and Powell to make fatisfadion to Harris and Rutherjordj or their refpe6livejhares of all damages which jhould appear to have been fujiained by any breach ofthofe articles by them refpecitvely. Undoubtedly; and it would be pleafant to be called on for ^<sf?6^^jin the prefent inftance in any court of judicature. It is a caufe v/orthy tocome on before Trappolin. Make out a panel from the pic, and afk any twelve on the jury, what damages they think have arifcn to Covent-Garden Theatre this feafon from the addition of Mr. and Mrs. Yates to the company ? afk the Treafurer of the Theatre, what da- mages have arifen from the reprefentation of Cymbeline ? afk the ward- robe keepers, and other officers of the Theatre, what damages appear to haie been fujiained by any h each cf articles by Meff. Colman and Powell re- fpeiiz-ely ? \i in all thefe inftances, nothing but neceffary expences, fairly brought to account, appear on one hand ; if great bemfit to th^ pro- perty appears to have arifen on the other ; alas ! poor Powell, what will become of thee? alas! poor Colman, what will become of thee ! Solventur rifu tabul.e : Tu miffus abibis. The words effrontery and affurane are favourite terms in the poilite vocabulary of MefT. Harris ana Rutherford. They affert they verily be- lieve they have incurred a lofs of no lefs than 3500/. by Colman's mif- management. What does the world think of iht'ir modefly P To talk of damages is a very ferious matter. Suppofe, by a capricious difplay of their negative power, damages fhould arife ; would not the other proprietors, would not every performer of the Theatre, if injured by fuch condudt, have a right to call judicially upon MefT. Harris and Rutherford to make good luch damages ? As to the real intention of the reftriflive claufe in the article, and the declared objeft of it, at the time of its execution, it was merely to referve a provifional power of reflraint, which they then declared would probably not be exercifed once in feven years, and very pofTibly would never be exereifed at all. Nay, they avow themfelves that they f enter- tflined no doubt of Mr. Colm&n^s capacity or inclination to covdu5l the theatre to the befi advantage -, fo that the negative claufe was added, only left ^r\y ftnijter accident might render their interpofition neceffary to the fecurity of their property*:^. Nee Beus inter/it^ nifi dignm vindice nodus feems to have been the meaning of all parties. Has the dignus vindice nodus yet oc- curred ? And has any sinister accident rendered their interpofition ne^ cfffary, except the reprefentation of the charader of Imogen by Mrs,. Yates, inllead of Mrs. LefTingham ? tPriuted Narrative, p^ 3. J Ibid.;, I 2 The> r[ 4o i . s^h^tf^^ js, an4.tHy have coBfefiTcd k, rh?^t the t'fftt gMlemek mtmdgers ^fjinx ta avail theniijejves of the talents of William Powell ihe player^ and George Coltnan the dramatick author. To lki% end tliey cheartully fubfcribcd, although not indctinitely, to my abilities for the province of direilor.j and Mr. Powell did not fcruple to give up his Ihare of the ft/itivg power,, thinking it fafely Ipdgcd in my haads. Still, however, they had fecured to themfelves a negative power^ which, inftead of rcferv- ing till the end of /even years^ the reader has feen they not only exerted, bjai exceetied, before the end of y^v^^l days. The force of the reftriftive clauijs is notqiieftioned , and it is certain, that if they chufe to countera6t their own interefts for the fake of abridging my authority, they have frequent opportunities to embarrafs mc in the theatrical management* ^How comes it theUy fay they in triumph, that Mr. Colman, a gentle^ MAN BRED IN THE STUDY OF THE LAW, Jhould CKter tHto- fuch abfurd at' tides ? The hiftory of the memorable vifit with which 1 was honoured by Mr. Harris, on my return from Bath, is a full anfwer to their quef- tion. There are quirks in morality, as well as quirks in the law ; but I d^d, not conceive that I was dealing with a petty-^gger in either. As to my management of the theatre, of my merit or demerit in that .particular, the Publick are the moft competent judges ; but it ill be*- comes my fellow-patentees to fuggeft matter of reproof on that fubjedt to the perfon who is faid to be their hijioriographer ; and it ill becomes him to revile me for my gratuitous fervices, while he is faid to be himfelf a candidate to r?prefent us all four as a Jiipendiary manager. Mr. Spat- ter, if it be Mr.- Spatter, is '* one of thole wretches who mifcall them- felves authors ; a fellow, whofe heart, and tongue, and pen, are equally fcandalousi who tries to infinuate himfelf every where, to make mil- chief if there is none, and to increafe it if he finds any.*' Mr. Keni rick, the ingenious author of the Widowed Wife, and of the candid and gentleman-like Review of Dr. Johnfon's Shakefpeare, has beeii plcafed to pay me a very particular compliment in the prologue to his moft excellent dramatick performance; and I will refer it to that gen- tleman, unlefs perhaps he may be thought partial^ whether Mr. Spat- ter, or myfelf, is the fitted perfon to be employed in the diredtion of a theatre. Mr. Spatter perhaps may flatter himfelf with the hopes of ex- pelling me from the management, and of fcating himfelf, by the af^ fiflance of his friends, in the vacant chair \ but Mr. Spatter is miftaken. Let him, if he pleai'es, make rules for experimental philofophers in his trade of brafs-rule- maker : let him make rules for authors in his pro- fellion of Monthly Reviewer ; but never, while Mr. Powell and myfelf are concerned in the property, fliall he openly make rules fqr the ma- nagement of Covent Garden theatre. Prmted Nairative, p. 29, [ 6t ] ; . We,'st;Cv'toki, however, that f the proprietors cf a thcatr^^ may Avail ihemfehdy 'inot onfy- of player s,^po(tSy ^c. hui even cf managers, if ne- cej[ar)\ ,(i}i paying t kern a v^ly.able confideration. Here the cloven foot ap- pears ; and to confirm this do^rin**, it is obferved, that J Mr. Colmans noi Jlipulatiftg for ftich a conjideration^ when he accepted of the nominal riRECTORSHJP of the theatre y is a corroborating proof that it was never intended he fkould take more trouble than Harris and Rutherford : as, had it been otherwife, he would certainly have been as much entitled to a falary for managing, as Mr, Powell was to his falary for aling. Here we cannot help obferving in our turn, that the aBing manager, in the beginning of the Narrative, is reduced to the nominal direuior at the end. That I have as reasonable a claim to a falary for managing, as Mr. Powell for acling, is mod certain i and indeed in Ibme refpects the claim is more reafonable, as the afting-manager incurs, in many inftances, an unavoid- able expence : but that // was never intended IfJjould take more trouble than Harris and Rutherford, is falfe on the very face of tUc article. After their interpretation of Mr. Powell's article, I am not in the leaft furprized at their candid conftrudion of the difintereitednefs of minej and the in- fmuation aijtnijier views in my unrequejled officioufnefs^ is as true as it is generous. How far 1 was officious, or how far I was requefted to take the office, is now before the Publick. .-.They are pleafed to c^dXX the more than ordinary profits of the theatre this feafon, an imaginary circumfiance. That the receipts of the theatre this feafon have been larger than ordinary, is not an imaginary circum- fiance, but a real fai : and if the difburfements have alfo ben larger than ordinary, owing to our moderate efforts, as MefT. Harris and Ru- therford are pleafed to ca}l them, to entertain the Publick, thofe gen- tlemen ought to know, that the firft expences of fetting up in bufinefs are not to be calculated as the average expences of the current year. ^ Senfible as they are of the difadvantages they lie under, MefT. Ruther- ford and Harris do not, however, feem averfe to enter into a compara- tive view of the abilities cf the refpe5live patentees ; and have employed the latter pages of their publication to convince the town of their error, in having been pleafed to beftow fo much ^generous approbation on fuch mo- derate entertainment, as they have received at Covent Garden Theatre this f^afoiu We hope, however, that our united efforts, moderate as MeflT. Harris and Rutherford are pleafed to call them, will (till continue to be honoured with the generous approbation of the. publick. We flatter ourfelvfs, that a fair comparifon between the Narratives of MefT. Rutherford and Harris, and our own, will not infpire our patrons with: t Meff, H, aiid R's Nair. p. 35. JNote to Ibid. p. 36. * Ibid. p. 35. Ibid. p. 37* I .; . any ( 6i ] any refentmcnt of our proceedings. They may now judge, which two of the patentees have been J in perfect collujion from firji to laft \ whichf have been very avaricious , and whether pcrfonal pique to Mrs. Lef- fingham on my fide, or perfonal attachment to Mrs. LefTingham on the part of Meff. Harris and Rutherford, has appeared in the rife and progrefs of our difpules. Her name, which is fcarcc diftantly alluded to in their Narratives, makes a very confpicuous figure in our State of the Cafe; and might have been rendered ftill more capital. On the whole, if we fhall not have appeared to have adled \\in defpite of honour and ho-- nefiyy if we fhall have appeared to have fpared neither expcnce nor pains in our efforts to entertain, we hope flill to be favoured with the profpe- rous gale of the publick favour , and although it is not eafy to keep the helm in fuch a boiflerous fa, yet we hope, by plain Jailingy to be able to run before the wind, and that the fhip will live in a llornl. As to THEiKfincere defire of contributing to the publi(k entirtainment, that cannot be queftioned ; not only as it is their immediate intereft, but as they have fo notorioufly manifefted that defire by their loud and vehe- ment complaints of * the heavy lojfes fujiained by the engagement of Mrsi, TateSj and the incredible expence of her dreffeSy as well as other theatrical decorations : not to mention their afTignment of principal charafters to Mrs. LefTingham, inftead of Mrs. Yates. f Abfurd as it is to fuppofe men in the leaji acquainted with business, un- equal to the care and cor.du^ of their property in a Theatre, it is a moft cer- tain faft, that from a particular innate modefly, or fome other commend- able motive, MeflT. Harris and Rutherford have never once fhewn them- felves at all difpofed to interfere in the executive part of the management. Their talent is legiflation. While Powell and Colman were feen every day, and almoft every hour in the day, toiling in the drudgery of re^ hearfing, and decorating the intended performances ; while they, like petty kings, were ftaged and hacknied in the eyes of the whole Theatre 5 In the mean time MelT. Harris and Rutherford kept^ like Eajlern monarchs^ from their fight ; never attempting to affift the diredor in his manage- ment, but now and then, to render his fituation more agreeable, % ex- erting their undoubted right to controul him in that province ; occafionally ex- ercifing, and fometime^ exceeding, their negative power \ but never difturb- ing or degrading their high and mighty councils, by treating with au* thors or aftors, getting up plays, or purchafing old cloaths. But ihey are to bt flfjified by perfons of known experience and abi- ^^ It' ii^i^^'i and it was not till this very moment that I have learned from Mr. Becket, fent to me for thatpurpofe, that thefe perfons X See Xotrodution, p. 4. Ibid. H^Ibid; p. 5. * Ibid.' p. 4, 5. t Meff. H. and R.^s Nari . p. 37. fl lb p. 35. [ 6; 3 cf kiwwn experience and abilUiei ^rt Mr, William Kenrick, and Mr. Henry Woodward j the firft of whom has commiflloned Mr. Becket to inform me, that MefT. Harris and Rutherford, though they flatter J themfehes they will not be found incapable of fuperintending their property^ intend, however, for the future, to abfent themfelves entirely from the Theatre ; and that he ( Mr. Kenrick * ) is to be the reprelentative of Mr. Harris, and Mr. Woodward of Mr. Rutherford i in which quality- Mr. Woodward and Mr. Kenrick are, in behalf of MeiT. Harris and Rutherford, to put their negative on fuch of my meafures as they {hall pleafe to difapprovip. How far a court of law will warrant this proceed- ing, and whether a manager, like a militia- man, can aft by a fubftitute, I will not take upon me to decide , but whether this new arrangement is not intended as a frefli infult, we fubmit, with the reft of our cafe, to that awful tribunal, the Publick. Covent-Garden, GEORGE COLMAN. February lo, 1768. WILLIAM POWELL. 4; MefT. H. and R's Narrative, p. 37. * It is not improper to mention here, that Mr. Lockyer Davis, of Holbom, bookfeller, called on me on Monday afternoon, immediately fiom Mr. Kenrick, to acquaint me, thJt Mr. Kenrick had authority from MeiT. Harris and Rutherford to fay, that, not-iuithftanding the publication of their Narrati--ve on Saturday, they were difpofed to enter into a treaty for an accommodation, if I was inclined to liften to it. I anfwered, that I could liften to no -terms of accommodation till I had publifhed a ftate of the cafe, in juftification of jny -charafter. \ 'lift LETTER FROM T. HARRIS, T O G. C O L M A N, &c. [PRICE ONE SHILLING AND SIX-PENCE.J A LETTER FROM T. HARRIS, TO G. COLMAN, ON THE AFFAIRS OF COVENT-GARDEN THEATRE. TO WHICH IS PREFIXED, AN ADDRESS TO THE PUBLIC. ** Me tradente, dolos, geftus artemque nocencfi *' Edidicitj fimulare fidem, fenfufque minaces *' Protegere, & blando fraudem praetexere rifu j *' PJenus faevitiae, lucrique cupidine fervens : " Dodlus & unanimes odiis turbare fodales : ' Solus habet fcelerum quicquid pofledimus omnes.'* MEGJERA LOQUITUR, LONDON: PRINTED FOR J. FLETCHER AND CO. IN ST. PAUL'S CHURCH-YARD? AND SOLD BY J. WALTER, AT CHARING-CROSS j AND J. ROBSON, IN BOND-STREET. MDCCLXVIII, r . w* l i MM^ih iW iii t^lW |iiiaiWiWfc*NwiWM> W-J fc **wfc wMi i Ti B U ,3 1 a u q btmr^r^ifffi' 10*^ ill: ojb^li. o) n35d ^no ^on 5w bib jDiidi/r. TO THE PUBLIC. T H E meafures, which Mr. Rutherford and myfelf have been latelj^ compelled to take for the fecurity of our interefts and property in Covent Garden theatre, have been fo grofly mifreprefented in the news papers and in common converfation, that we fhould be wanting both to our- felves and the public, did we not once more folicit their attention to a plain and genuine narrative of our proceedings. We are not infenfible that names, interefts and difputes like otirs, deduce all their little confequence with the world, from their accidental connections with its occafional amufements. Had the differences, therefore, which haVe fo long fubfifled betweefi us and our fellow-proprietors been merely of a private and domeftic nature, we Ihould as readily acknowledge the impropriety as imperti- nence of a repeated appeal. But, as the rational entertainment of the town, to which we are under the higheft obligations, may poflibly be interrupted by the continuation of our difputes -, we yield, though re- ludantly, to the difagreeable neceffity of exculpating ourfelves from the afperfions, of having contributed to fuch interruption, any farther b than [ ii J ihan by a juft and reafonable aflertion of our legal right to the joint management of our common property. This it muft be owned has been produdlive of all thole ill efFedts which naturally arife from the oppofition of determined refolution to captious infolence and inve- terate obftinacy. How Mr Colman will (land excufed for wilfully protra6ling the cftabliihment of our company on an equitable and amicable footing, I cannot pretend to fay ; but, however light y he may regard his duty to the publick, We cannot but think it ours to fatisfy all thofe, who may honour us with their attention to the affairs of the theatre, that neiiher this protradtion, nor the difagreeable confequences that are juftly to be apprehended from it, can iairly be imputed to Mr. Ruther- ford or mytclf^ ^ "^'^ ^^^^ "^^'^ ^ii^vii i uru^')! To this end, alfo we look upon the prefent appeal as no lefs expe- dient than exculpatory , having, to our great mortification, but too much-' reafon to fear that no private mode of reconciliation will ever take place^ with Mr. Colman. In the mean time, it is with equal mortification we daily fufi^er under the miftaken imputations of wilful ignorance or accidental mifreprefentation. Hence we conceive ourfelves under the neceffity of openly making our future propofals of accommodation in the face of the publick ;, hoping that, while fuch neceffify pleads an excufe on our parr, Mr. Colman will, on his, pay too great a refpecft to that public, to have re- , courfe to his ufual artifices of cvafion and prevarication ; of which indeed he appears to poffeis a fecret fund altogether inexhauftible. The eye of the world, is not fo eafily deluded as the ear of a friend-; if Mr. Colman therefore has any thing of that regard for truth and juftice he pretends, he wiji have now an opportunity of difplaying it j and -and of encouraging at leaft a laudable fufplcion that our pad differences have been more owing to mifunderftanding than malevoJpji^e. . As to thofe perfonal failings, indeed, vvhicli he .h^th induftnouHy contrived to drag to light, and depofit ^^^9VIi:^<Jq,0|:, ;^ thcU], pfodudion will ever be imputed at befi to fpleen and petulance in him ; while we might furely plead the prefcription of youth and inadvertency, at leall to many ; which, however they may ftand as items in, our accquntp can- not certainly be applied as arguments in his caufe.. , Not that with regard to myfelf, who have been more particularly pointed at, I fear to meet him even on this ground, with all my imper- fedbions. But as the juftification of offences, from examiple, forms but a weak plea for committing them, fo the preference to be gained by comparifon, conftitutes but a very flender degree of merit. Befides this I humbly apprehend thefe are enquiries ftill more beneath the notice of the publick, than even our injudicious fquabbles about the property and management of the theatre. The tale I have to tell is fimple, and perhaps tedious-, but I chofe to tell it as nearly as I could in Mr. Colman's own manner, and to ad- drefs it to himfelf ; becaufe it is on him I would have it make an im- prefTion. The fa<5ls alfo are fimple as related j the motives of which, however, may have been fometimes fo complicated, as to bafPiC my fagacity. I have indeed been more attentive to the order and certainty of the fads, than to the propriety of any conclufions drawn from them ; being fenfible that although partiality may pervert, and fophiflry elude the (trongefl reafoning, the evidence of fa6t is irrefiftible. When we firfl engaged in this unprofperous alTociation, and at the veil, admitted Mr. Colman to a fliare in b 2 our flattering inftances of Mr. Powell, admitted Mr. Colman to a fliare in t i' ] our intended purchafe, it is well known we received and treated him him with a deference and credulity that all our inexperience, of which he has been pleafcd to remind us, can hardly find an excufe. We con- fefs that our implicit confidence in him, and the chara<5ter given us of him by his friend, betrayed a mod unworldly weaknefs and ignorance of mankind. We own we were li/ile hackneyed in the ways of men, and much kfs in the ways of men, whofe verfatiiie genius and theatrical lalenis, enable them to afiume a new charafltr with every new pur- pofe they have to anfwer. But what epithet Ihall we beftow on that principle which tends to extrafl profit from fuch ignorance? ' t"- If, in the formation of our articles, we have, on our part, left open- ings, into which the infinite pliability of the law can infinuate itfelf at pltafure : if we have weakly impofed reftriflicns clear enough in their fpirit, but whofe letter may be melted down to nothing, by the indeter- minate conftrudions of refinement; let Mr. Colman enjoy the honour of having outwitted us, and let it be our Ihame, as it is our misfortune, to have given him the opportunity. But that this is not the cafe, there is the greateft prefumption to be- lieve; fince it is the opinion of two of the firft lawyers in this kingdom, that the articles are expreffed with clearnefs and certainty, nor admit of any doubt in their cqnftrudion. It is remarkable alfo, that although Mr. Colman pretends he has con ftantly acted by the advice of counfel, he never produced to us a written opinioii of any fuch counfel, in his favour; whicb^ when we fhewed him that of ours, he certainly ought to have done, if he had any, or wanted really to come to an accom- modation ! This was a fatisfadlion in which he would or could not condefcend to indulge us : in the mean time, we found we were dropping apace into flavery. Nay, wc were even told by our oppreflbr, that we were 3 already j: V ] already flaves. But this need not have been told us ; we fav pla'nly thfi* very Ihadow of power vanilh from us ; and were ftrurk with a ferious alarm left our property fhould alfo take the fame courfe. We faw ourfelves involved in . a vaft and infupportable expence, lavifhed away, in defiance of our moftfolemn protefts, upon fuperfluous fervants, greedy favorites, and a numerous ftanding army' of undifciplined and ufelefs performers, under various titles and denominations. ^.."^|^'~"^^'' We did not, mdeed; then forefee that the new and coitly trappings, with which Mr. Powell was every night adorning .himfelf> were to an- fwer a double intent. It did not fuggeft itfelf to us, that they were defigncd, not only to figure on the ftage of Covent-Garden, but to exhibit the patentee of a royal theatre in becoming fplendor on that of BriiloL f . f > . tff.Ths menacing profped of our afFairs, however, awakened us to a very ferious attention. We found our theatre intemperately pouring forth the contributions of the public bounty, as faft as it received them; and this in a manner that made us tremble for the continuance of thofe fupplies. Nor was this all : fome other practices had begun to manifeft them- felves, which gave us the moft fenfible uneafinefs. We had entered upon our office, with fanguine hopes of attrading the favourable re- gards of the public, by a difinterefted and impartial attention to the produ6lions of men of genius. We fondly hoped, that by this condud we might have the merit with the town, of refcuing our ftage from thofe imputations which had been caft upon ic under former ma- nagement. Thefe were the confiderations that firft recommended Mr. Colman to our fociety -, and it was from a juft diffidence of our own abilities for [ vi ] for the above important tafk, and a too flattering cftimation of hUf that we admitted him into our treaty, and invelled him with the office of afbing manager, under due rcftraint and contrcwl. We underftood him to be a gentleman of education, with an eftablifh- ment, that ought to have fet him above every fervile office or fordid confideration; and with expectations that appeared to do honour to our connection with him. Inftrufted by To able a mafler as the fucccfsful manager of Drury-Lane, we conceived the talents of both in fome de- gree congenial. Strangers to the friendly arts by which the tutor nurfed the rickety reputation of his pupil, we falfely imagined the latter fafely arrived at the goal of fame ; and looked upon him as qualified to condud: others, by directing the incipient efforts of genius to their proper end and dcfign. How thefe hopes have been fulfilled, feveral ingenious and infulted writers too well know ; we too fenfibly feel ; and the undeluded publick will be able, in fome degree, to judge from the following fheets. The reafons on which we ground our late proceedings ; the necelTity we lay under of making a forcible entry into our theatre -, the fiifpicion of peculation and mifmanagement within thofe doors which were barricaded againft their owners ; the flagrant verification of thofe fufpicions ; and the unnecefTary and illegal difpoflefTion of two of our fervants, by the formal and ridiculous procefs of a third -, can now no longer with pro- priety be with-held from the publick. The intelligence belongs to them ; it is at their tribunal our caufe muft be ultimately decided : to them therefore we fubmit the merits of it, and rely on their judgment and candour. To Mr. Powell we would wifh to fay as little as poiTible. A perfon who has made an abfolute celTion and furrender of his faculties to an- other, and blindly delivered himfelf over to his arbitrary guidance, may be faid to fuffer a kind of moral death, and under fuch an entire fulpen- [ vii ] fufpenfion of volition, can fcarcely be confidered as reprehenfible for the turpitude, or commendable for the redlitude of his anions. Under this predicament ftands Mr. Powell, a man who configns his name to pamphlets he never penned, fubfcribes letters and manifeftos which if he had read, he could not comprehend ; and who, in the af- fumed office of fuperintending the wardrobe, is fo delicate in his truft, that he conveys it with him to the theatre at Briftol ; as if the prefer- vation and fecurity of his finery depended on his carrying it about with him on his back. ''^ ^'* ' vo c: - or =^-*- To conclude ; ^e beg leave to calt the public to witnefs, that not- withftanding the juft refentment we cannot but feel, at fuch repeated inftances of oppreflion, we defire nothing fo much as a fair and equitable accommodation. And that the terms of it may be no longer liable to mifconftru6tion or mifreprefentation, we have in the following pages openly tendered to Mr. Colman fuch overtures, as in our judgment fcem beft calculated to adjuft our differences. If thefe are fair and equitable, as we hope they are, and mean they fhould be, the town will know on which party to lay the blame -, if, ^hen the theatrical fealbn fhould open, our doors fhall be found fhut. We need not be told how feverely we fhall fmart, as well as our contending brethren, from fuch a circumftance ; but we have too long laboured under opprefTion to bear it with patience any longer. On the contrary, we are determined to oppofe it, at the hazard of iofing every thing we pofTefs ; rather chufing to be deprived of the lafl fhilling of our property, in the juft and legal defence of it, than tamely to refign our right to the condu<^ and difpofal of it to a defign- ing and infolent intruder. 4 A LETTER I T .3 S it It E T T E R FROM T. HARRIS, T O G. CO L MAN, ^c. S I R, M R. Rutherford and myfelf, having fo often in vain folicited your attention to our complaints, and invited you to a fair and amicable dif- cufllon of the feveral grievances, that gave rife to thofe complaints ; we muft now in mere defpair drop all private correfpondence with you, and refign every hope of gaining upon your nature by thofe gentle and com- placent arguments ; which we have hitherto adopted in preference to all others, and from which, nothing but the neceflity of felf-defence fliould have tempted us, in the conduft of our difpute with you, to have departed. But, to our inexpreflible mortification, and regret, you have dragged us into public controverfy: and, to my particular difadvantage it is, that I now find myfelf, by the abfence of my colleague, divefted of that alTiftance, and fupport, which a communication of opinions, as well as of fufferings, would elfe have afforded me. The libellous, and unmanly B infinu- [ 4 ] infinuations, with which you have filled the public papers, .and your St. James's Chronicle in particular, onthatancJ other occafions, have obliged roe to trace the ftream of abufe to its fourcej though 1 have not attempted lo interrupt its curient; having derived this unintended benefit from il, that, while you was proving to the world you had no wit but malevo- lence, yau^havj? incautiouny made it appear that you have no argument ^^i(9"W^y|y;3i o^vig 3Vfid tjox siiiJ srfJ ii'n'^'f ifi^ ol WkAl .WDnyitffH tbiriw ,(hu\j 5ffi o) labeai 3fh ^ntbfu^ lot ibiow 3mU ^dl^Q iiuin'ihy.x I am now, fir, by Mr. Rutherford's abfence, left to defend myfclf alone : yet, fortified by the integrity of my intentions, I fear not to call you forth at the tribunal of the publick , thither I recur for protedion, and there pur injuries, and your. artifices, cannot efcape difcovery. 'Tis true, I enter upon this undertaking with great difadvantages ; your un- common talents, eftabliflied pradice, and perfect initiation into the logick, which can make ** the worfe^ appear the better reafon^' are well known. Againft thefe I have nothing to oppofe but a few plain fafts, felefled from a multitude of grievances, with which your oppreffion has furnifhed me. I (hall proceed however at once to a plain and candid enquiry into your conduct, from our firft interview, to the date of this letter; and from this enquiry, I think it will be feen, that even before we figned cur fiirft contrad, you had formed a latent defign, a regular plan of cunning and dexterity, to work yourfelf into the fole direction of Co- vent- Garden theatre, in the moft abfolute and arbitrary fenfe of the word; and this at the expence of the peace, and the property of your aflbci- ates. An end like this was of neceflity to be accompliflied by any means, that fophiftry, feigned friendfhip, fecret collufion, or open violence could devife and execute. You are not to be told, fir, how many turns and windings are made by men who would eftablifli a reputation for cunning, in order to clcape the vigilance of their obfervcrs ; but you arc to be told (and it may be matter of ufeful information to you) that in weaving this web and labyrinth of deceit, they generally leave a clue behind t 3 I behind them ; which, if once an honed man gets hold of, he feldom fails to unravel their operations, and trace them up to the point from whence they ftarted. Such a leading thread you have undefigncdly put into o\it hands. This is the pamphlet you are pleafed, by a figure in fpeech, td which you are but too much accuftomed, to call a True State of our differences. I fhall fo far verify the title you have given it, as to make frequent ufe of the fame words for guiding the reader to the truth, which I have great reafon to fear were employed by you for very contrary purpofes, .;li <2uOii^sJ:;. vra :o (;;ig;!:ai 3..j ;a Dv::;j-:'-'1 .j-^v : s-: vi In page twelve of that pamphlet, you fay that, " At a meeting between " all the parties on the -^i ft of March^ Mr. Hutchinfon attended with an in- " ftrument prepared for us tojign, on his reading over that part of it, wherein " // was recited, that the four parties Jhould ^^ equally concerned in the " management of the theatre, Mr. Colman begged leave to interrupt him, and " told him it was a fettled point that he (Colman) was to be invefted with *' the dire^ion of the theatre, whereupon, to Mr. Colman" s very great furprize^ " Meffrs. Harris and Rutherford declared they never had the leaft intention *' of fuch an article." You fay true, fir, we never had the leaft intention of inveftingyou with fuch a general indeterminate authority j we declared fo then ; and we more earneftly proteft againft it now. --- Mr. Colman faid he took it for granted, that this matter (of giving him ** thefole difpofal of our property) had been previcujly underftcod on allftdcs.'^ 'A wG Ci I'^il t)'iii 'i'j. The fa6l is, that we never heard a word of your being the abfolute ' director of the theatre, but from your faying, ^^'Tou could ftir afire better than any man in England." That indeed we laughed ar, as a conceit of intended wit and pleafantry, but could not imagine that you meant it a' ferious and conclufive argument to which we had agreed : but you further B 2 urs^s [ 4 ] urge in the fame page, " T^hat you had -plainly declared to Mr. Powell on ^- his firji ef plication, that you would never be concerned in the pur chafe, >' unlefi you fimild be invrjled with the theatrical direIion. Mr. Powell .** allowed the truth of this aflfcrtion. And is your declaration to Mr. Powell, that you would, or mufl be invefted with the arbitrary management of our property, a reafon that we fhould be fo mad as to accede to it, in order to gratify your lull for pON\er? * Mr. Powell afferted too, when he introduced you to us, that you was a fair honeft man, that you would lay down apian of management that would raife and retrieve the reputation of our theatre, throw all competition in the other houfe at a diftance, and advance the profits of the feafon by one fourth part more than under the late direction. But thefe flattering aflertions of Mr. Powell's, though repeatedly backed by your teftimony, are no better a proof of your being aftually poflefled of thefe talents, than, your declaring you would be abfolute in the theatre, was a demonftration that we had made you fo. We have often lince refledled upon the variety of fliapes you aflbmed in order to pro- cure our confent to inveft you with the fo much defired diredion of the theatre. Simile, pun, jefl, anger, rage, complacency, nay even adula- tion, all had their peculiar exertions ^ but, at length, finding you could neither footh, wrangle, or menace us into the weaknefs and fervility re- quired, you dropped the attack, made a fudden tranfition in your man- ners, and uttered folemly this declaration, " God knows my heart, I never ** wijh, nor ever can be arbitrary, // is not in my nature.** Wc then im- mediately figned our firft inftrument of partnerfhip, which left our powers in the management of Covent-Garden theatre, as equal as our interefts were in the property of it. * For my own part, I fhould think fuch a declaration mud beconfidered as a proof that we had not then given up our rights, and a very probable prefumption that we never have ; for furely you would not threaten to take that from as, which we had already refigned ; on the contrary, fuch an avowed fpiric of refeatrnfiot would be moil likely to put us upon our guard againft it. 4 ARTICLES t 5 1 ARTICLES of AGREEMENT, Quadripartite, made and agreed upon this thirty-firft day of March, One thoufand feven hundred and fixty-feven, between Thomas Harris of Holbourn, in the county of Middlefex, Efquire, of the firil: part; John Rutherford of Newman-ftreet, in the in parifh of St. Mary le Bon, in the fame county, Efquire, of the fecond part \ George Colman pf Great Qucen's- flreet, near Lincoln's-lnn-Field, in the county aforefaid, Efquire, of the third part -, and William Powell of Great RufTel-ftreet, in the parifh of St. Paul, Covent-Garden, Gentleman, of the fourth part, as follows : Whereas the faid Thomas Harris and John Rutherford, by James Hutchinfon, their agent, are in treaty with Prifcilla Rich, the widow and reprefentative of John Rich, late of the parilh of St. Paul, Covent-Garden, Efquire, deceafed, for the purchafing two feveral pa- tents for exhibiting theatrical performances, and of fundry leafes granted of Covent-Garden theatre or playhoufe, and of the rooms, buildings, conveniences, and appurtenances thereunto belonging; together with all and fingular the furniture, fixtures, fcenes, decorations, wardrobe, mu- fick, entertainments, matters and things whatfoever, which the faid Prifcilla Rich is now poflTelTed of, or intitled to, as appertaining or be- longing to the faid theatre, or to any theatrical performances and ex- hibitions, either as executrix as aforefaid, or in her own right, or for or in behalf of herfelf, and any other perfon or perfons whomfoever : And alfo, all deeds, books, papers, writings, contra(5ls, and fecurities thereunto belonging: And whereas the purchafe-money required by the faid Prifcilla Rich, is fixty thoufand pounds , now therefore, it is hereby mutually agreed, by and between all the faid parties to thefe prefents, and they do hereby for themfelves feverally and refpedvely, and for theic [ 6 1 their fevcral and refpe^ive heirs, executors, and admlnlftrators, cove- nant, promifc, and agree to, and with the other and others of them, his and their rerpe<flive executors, adminiftrators, and afllgns, in man- ner following, (that is to fay) That the faid Thomas Harris and John Rutherford fhall be, and are hereby authorized and impowered to pro- ceed in the faid treaty, and to contrail and agree for the purchafing of the faid premifes at any price or fum not exceeding fixty thoufand pounds; and to that end to Cgn and execute any deeds or writings that may be necelTary and proper in their own names, but for the joint account and benefit of all the faid parties. That upon concluding the faid treaty, and figning any fuch contra(fl or agreement as aforcfaid, all the faid par- ties fhall and will be, and become joint owners and proprietors, and be jointly and equally interefted and concerned in the faid patents, leafes, and premifes, both for profit and lofs, and fhall be jointly and equally concerned, and employed in the management of all the theatrical per- formances to be exhibited in confequence of fuch purchafe. That all the faid parties fhall and will, well and truly pay and advance their faid feveral Ihaics and proportions of the faid fixty thoufand pounds, or fuch other fum of money as aforefaid, and that at fuch time or times as the faid Thomas Han is and John Rutherford fhall agree to pay the fame, as well as of all other fum or fums of money, cofls, charges and expen- ces attending the faid purcafe. That in cafe the faid George Colman and William Powell, or either of them, fliall not at fuch time or times as aforefaid, be prepared with, and a(fluaIJy pay down the whole of his or their proportion of the faid purchafe ^money, they the faid Thomas Harris and John Rutherford, fhall and 'w.ill^, jointly and equally, advance and pay for him or them, fo much money as fhall be the deficiency of the faid George Colman and William Powell, or cither of them, fo that the fum they refpe(5livcly pay down be not lefs than ten thoufand pounds, and the faid Thomas Harris and John Rutherford, or fuch of them as (hall make up fuch deficiency, fhall be allowed to dedud out of the refpedive fhares of the profits belonging to the faid George Colman and 3 William t 7 ] - William Powell, Intereft for the fame, at and after the rate of five pounds per centum per annum, until payment thereof, and his or their part, fhare and intereft, in the premifes (hall ftand and be a pledge or fecurity until all fuch principal and intereft fhall be fully paid. That upon the faid treaty and agreement with the faid Prifcilla Rich taking effed:, all the faid parties ftiall enter into and execute the neceflary and ' proper deeds, inftruments, or writings, as well for the better effedluat- ing this agreement, as for the managing and carrying on the undertak- ing of the exhibitions and performances in confequence thereof. Pro- vided neverthelefs, and it is hereby mutually agreed, that in cafe of the death of any or either of the faid parties to thefe prefents, before the intended agreement with the faid Prifcilla Rich fhall be carried into exe- cution, then and in that cafe, thefe prefents, and every matter and thing herein contamed, with refpedl only to the party or parties fo dying Ihall be void and of no effefl, and then the furviving parties (hall ftand in his place, if they think proper, and (hall and will jointly and equally ad* vance and pay the (hare and proportion of the party or parties fo dying, '^ and in cafe of refufmg or declining fo to do, then the other or others o^ the faid furviving parties, who fliall be willing fo to do, fhall and majf- advance and make good the deceafed's ihare, and be interefted in and intitled unto the faid premifes in proportion to the money he or they (halt fo advance : And for the true performance of this prefent agreement, each of the faid parties, doth hereby bind himfelf, his heirs, executors and adminiftrators, unto the other and others of them, and his and their refpedive executors, adminiftrators, and affigns, in the penal fum of three thoufand pounds of lawful money of Great-Britain. In witnefs' whereof, the faid parties firft abovenamed, have hereunto interchange- ably fet their hands and feals, the day and year firft abovewritten. Sealed and delivered]' "^'-^ T. PIarris. (US.) (being firft duly ftamp'd)f J. Rutherford. (L. S.) in the prefence of C G. Colman. (L. S.) Ja. Hutchinson. 3 ^Yill. Powbll. (L. 5.) About r } About the beginning of May, being wrought upon by your extreme (blicitudc and grofs dcfceptions, concerning the neceffity of it, we be-* gan to take the management of the theatre into farther confideration. As we had obferved from our fettling the firft contract, that from a ftrange puerile vanity that polTeflcd you, a perpetual attempt at fuperiority ever mixed itfcif in your converfation on bufinefs; though we could not then fufpecft any latent defign upon our property, but rather imputed it all to infirmity of temper, yet we thought it prudent to give a parti- cular charge and precaution to Mr. Hutchinfon our attorney to take efpccial care, to guard and fecure our rights, and authority in this new inilrument, relative to the management, in like manner as we had direfted and required him to do in the firft contrad with you. Here, Sir, we would infert this fecond inftrument with the remarks that we intend to make upon it, but there being a matter in difpute between us, that fome time or other muft be fettled, we think the adjuftr ing that point fhould be our next ftep ; efpecially as it will be a very proper preface to the article, and ferve to introduce the reader to a more intimate acquaintance with your character and accomplifhments. Mr. Powell has often loudly complained, that he has been impofed upon concerning the article of management ; that he is thereby barely defrauded of his juft right, and of his power over his property, by his fellow patentees. This complaint is as notorious, as that he is an equal proprietor. 'The hiftory of Mr. Powell's preclufion is as follows. On your return from Bath, the beginning of May, we called on you: the firft words you faid to us, and the laft at that meeting, were all tending to prove the certain ruin of us all, if Mr. Powell had any right to interfere in the management of the theatre -, and this was ihe firft time i 9 3 time the idea of excluding Mr. Powell ever occurred to us. But you repeatedly infilled, that Powell was a man of no degree of underftand- ing ; that his boundlefs and cxcefllve vanity, with his infuperable love of expence, muft be the deftrudtion of our undertaking. To Mr. Powell's private charader we were then entire flrangers, we knew him only as a performer; you. Sir, was his Friend, his Intimate. We objefted to the n^eafure as unequitable and imprafticable; you perfifted and afliired us it would be for his good in the end, as well as for the general good of us all. We therefore acquiefced. Now, Sir, where the diflionourablc part of this tranfa6lion will juftly fall, the bare aflertion of cither party cannot determine, fadls and circumftances mull. On the fide of Harris and Rutherford it may be urged, that it does not appear in the lead probable, that the fame men who brought Powell into the partnerfhip, who oppofed Colman*s intended monopoly of power, and who honeftly eftablifhed an equality among them all, by the frjl inftrument, fhould fo fuddenly, and for no apparent reafon, be for pre- cluding Powell from all power by the fecond inftrument: it is to be ob- ferved too, that Harris and Rutherford have never once pretended to more than that moiety of power, which their moiety of property na- turally gave them ; that they have never fince in any fingle tnjiance dejired, cr intended to carry into execution any one measure that was cr might he cbje^fed to by Mr. PowelL But it appears evidently from the very firft, that Colman ufed every means to engrofs the whole power to himfelf. Is hot this one proof, that Colman was the man who fuggelled, profe- cuted, and accomplilhed the plan of engaging Powell, to give up all right over his property. But ftill you fay, and have given it under your hand to the public, (for the truth of which the immediate jewel of your foul is pledged) that Rutherford and Harris were the contrivers of Poweirs pretlufion. .In judging of this point, the public will no doubt be led to confidcr, C tha* $ [ 10 J that Colrnan was Powell*^s avowed friend, that Colman was brougPrt into I he partnerlhip by Powell, fo that it is not reafonabk to think, that at'tcr I'uch obligations, Colman could be perfidious enough to con- trive and compals the exclufion of his friend, in anfwer to this rcafon- ing, we will make ufe of your own words in your True istate : " Powell ^'icwever Jhewcd great repugnance io giving me the <lireBion\ hut on my " expojtulating with him ALOtiE (doyoumaik. Sir, alone) on this fub- *^ jeit^ and reminding him of his fir Ji application to me, and my declared ^- refolutjons at that period, he (Powell) frankly confejfedj that he had been '^"advifed to the contrary, but that on reflexion he returned to his original '*^ intention^ and was content to put his fame and fortune into my hands."" Did Mr. Colman ever throw {o fevere an imputation upon us, as he has now done upon himfelf? Tickled with the vanity of fhewing how im- plicit a confidence Powell had repofed in him, he has inadvertently difcQvered how unworthily he obtained it, and the ufe he made of it, leaving us at a lofa which mod to admire, his own fubtilty or his friend's fimplicity. "We would a(k Mr. Powell, if we ever ofi'ered the fmalleft attempt, orexprefled the moft diftant hint of our defire, that he Ihould- refign his power into your hands j indeed his frequent complaints du- ring the tranfadtion, and very often fince to many of his friends, and to one refpedable gentleman, in particular, of your continually impor- tuning him day by day to give up his voice, fets this matter clearly enough to view : but if there yet remain any doubt, take the fol- lowing tranfaftion. Some time in November lafl, Harris, Rutherford, Colman, and Powell, met to adjuft their differences. Powell complained loudly of the article of management, as an infamous fraud upon his property, and an abufe upon his good-nature, (for fo he termed his ig- norance and credulity) and in plain Englifh faid, *' That the precluding him from a p>owcr over his property, was a d d rog fh tranfa(5lion.'* Harris and Ruthtrford blamed him much for not diftinguifhing who contrived or brought him to confent to that meafure, and declared they were ready that inftant to return him the equal (hare of power he had t n ] had vefled in him by the original article. But to this Mr. Poweirs bofom- friend with great warmth abfolutcly refufed to alTent, affirming. vehe- rrtentljf " The power I have I will keep^ I will not part with a jet of it.'* It will avail you nothing to deny the truth of this anecdote. We have often fince repeated the fame offer. We now leave the^- impartial reader to decei*minc which of u$ is guilty of fuggefting, of accomplilliing, and of continuing the exclufion of Mr. Powell, ^^j^^ ^^^ dirvi? ^' --, * The infinite pains you have taken from time to time, to mifreprefent and elude every claufe in the following article, muft certainly have im- printed indelibly every fyllable of it in your memory. Yet we muft beg your patience whilfl: we give it you once more at full length, JVhereas T. HarriSy J. Rutherford^ G. Colman^ and IV. Powell^ by certain articles of agreement y dated the 3 ift day of May lajty did agree to pur chafe qf the reprefentatives of John Rich, Efq\ deceafed, two patents for exhibit- ing theatrical performances y and the fever al leafes of Covent-Garden theatre^ and the rooms ^ buildings, conveniencies, furniture, cloaths, fcenes, decorations, mufic, entertainments, and all things belonging to the f aid theatre -, and the faid T. Harris and J. Rutherford, were thereby authorized to treat for, and pur chafe the fame, at a fum not exceeding fixty thoufand pounds, and the pur- chafe money was to be advanced by the faid parties equally, and they were to become jointly and equally concerned in the management of the faid theatre, and were to execute proper deeds and injlruments for that purpofe, when the faid purchafefhould be compleated. And whereas the faid T. Harris and J. Ruther- ford, have accordingly eontra5fed and agreed with the reprefentatives of the faidjohn Rich, for the pur chafing the faid patents, leafes, premifes and things, at and for a fum of ftxty thoufand pounds, and which pur chafe is to be com- pleated on the firji of July next. So far is a recital of the firft article ; now follows what may be called the ading manager's claufe. C 2 - Now [ 12 ] Now the fald feveral parties having perufed, and fully under/landing the purport and contents of the fat d contra^, do approve of^ and confirm the f^m^t and having alfo^ in confequeme thereof ^ taken into their ccnfideraticn^ the management of the faid theatre^ they have ^ for the better, and more eafy condudtins^ the bufinefs thereof, as well as for their joint and equal benefit and advantage^ agree, and do hereby mutually declare and agree, that not- '.vithjlanding every thing contained in the faid agreement already tnadc ketiveen the faid parties, the faid G. Colman fhall be invefledwith the direction of the faid theatre, in the particulars foUcwiug, viz. '^ That he fkall have poizcr of engaging and difmiffing performers of all kinds, of receiving or rejeSiing fvch new pieces as fhall be offered to the faid theatre, or the proprietors thereof, of cafling the plays^. of appointing'what plays, farced, entertainments, and and other exhibitions fhall be performed, and of condutling all fuch things as are generally underflood to be comprehended in the dramatical and theatrical province** By virtue of this claufe, you have aflumed to yourfcif the title of A^ing Manager, a technical, undefinable, tyrannical term, by which you have impofed on all the inferior players, and fervants belonging to the theatre, and by infinite pains have perfuaded them, that under that title you have an unlimited abfolute power over every department of. the ftage. If you had informed them juftly, they would have known that this is but one claufe of the articles, which claufe has no force in law, reafon, or equity, independent of the provifions and reftridions con- tained and exprefled in the fourth. -We now proceed to the third claufe. * jind the faid T. Harris and J. Rutherford, fhall be defired to attend to the controulment of the accounts and treafury relative to the faid theatre. Provided always, and in as much as the faid T. Harris and J. Rutherfcrd, will have leifure to attend to the affairs of the faid theatre, and the faid' W, Pqwell is to be engaged as an a^or or performer on the ftage, (for which rffl-ii' purpofe t 3 ] purpofe, feparate articles are intended to he entered into htu-een him and the other parties) in which his time and attention will be chiefly emplcytd and taken up^fo that he will not he able to apply himfelf in managing the b'uji^ nefs of the theatre^^jd 'A\ ^^(^'3 vx*v. a^ . \;k^^^\\^3}"'-<-- ^'^* In the third claufe you will obferve that Harris and Rutherford have the department of the treafury particularly affigned to them, and are faid to have leifure to attend to the affairs of the laid theatre, by which it is evident that it was by no means intended you Qiould bear the bur- then of the fole management. But as to your friend Powell, he poor man, appears to be amereparenthefis, andof the infignificantkindtoo, of no mark or power, but to interrupt the fenfe and order of the inllnimcnt* Now, fir, to the fourth, or the controuling claufe, which elaufe yott have diredlly violated in the progrefs of your condud throughout the whole of the paft feafon. It is therefore hereby further agreed, that the faid G. C&lman fhallfrom time to time, and at all times hereafter, communicate and fuhmit his condu5f^ and the meafures he fhall intend to purfue^ unto them the faid Harris and Rutherford. So far furely is very full, explicit, and intelligible, nor d<j(^^ we fee any room to exercife the arts of quibling and chicanery : but to proceed. " j^nd in cafe they fhall at any timefignify their dif approbation thereof in writing unto the faid G. Colman^ then and in that cafe, the meafures fo difapproved of fhall not hi carried into execution^ any thing before cons' tained to the contrary notwithftanding." Now, if you will do u& th favour to read this/^ir/y to your friends the box-keepers, treafurer,houfe- keeper, wardrobe-keeper, under adtors, carpenters and candle fr^ufrers, they will explain to you the power that is annexed to your boafted title oi A^ing Manager. This, and only this, to propzfe a,nd to fubmity and if we approve, to execute^ not elfe. They may tell you tea that this is all the power any equal partner ought to have. It is all that law or eq.uitj^ would give, or any hoaeft man demand. And give tis leave to tell '^'- ^ you r '4 1 you, it is all the power you ever fhall have, while we are prt^rietors of Covent-Garden theatre. The following is the fifth, which we think may with propriety be termed the amicable claufe. " Tet never tbelefs with refpel to the faid W. Powell^ it is intended and agreed^ that he Jhall at all times give his advice and ajfifiance relative to a7ty part cf the buftnefs of the faid theatre, when thereunto dejired by the other partiesr y^^^- Thus, fir, have you provided for the man, " Who was content to put his fame and fortune into your hands,''* Unlefs he is called upon by the other three proprietors for his advice and affiftance, it is an abfolute infringe- ment of the articles for him ever to obtrude his opinion in any matters whatfocver. t No fooner was the foregoing article executed, than your defign of divefting us of our legal, natural, and equitable power over our pro- perty, began to appear too plainly to be doubted by us. Your friends, agents, authors, aftors, printers, box-keepers, news-writers, Powell and Colman, all affirm that Colman is invefted with the abfolute manage- ment of the whole theatre : for you well knew, when once the public are impreffed with a falfhood, it takes fome time to undeceive them. Another ftroke of your policy was, to exert all your talents of flander and ridicule againft us. Our youth, our inexperience, our way of think- ing, our courfe of life, and our condu<5t in every particular, were ren- dered as contemptible as your labouring invention could paint them. The feafon at length arrived for opening the theatre, previous to which a rehearfal was appointed, and it being the firft under the new propri- etors, the whole conripany were fummoned to attend. We thought it en- cumbent on us not to omit this opportunity of feeing the performers thus convened, and accordingly entered the theatre with all the chearfulnefs r '5 J chearfulnefs of young men, fond of a new, promlfing and agreeable purchafe. But how were we received ? We expefled the performers, (efpecially the capital ones) would have been introduced to us : but in (lead of fhewing us any marks of civility, you impetuoully came up to lis with the appearance of offended pride and enraged importance > flopped us {hort, and bade us go off the flage, left we fhould interrupt the hufinefs of the theatre. Petulant and ill-mannered as we then thought your treatment in this inftance, we now perceive it was a part of your original policy, to keep- us as much as polTible, ignorant of all matters relative to the theatre, and of every perfon belonging to it ; which plan is obvioufly confiftent with your original one, of worming yourfelf by degrees into the folc and arbitrary direction of the theatre. On the 14th September the theatre opened; every day giving us frefh reafons to refent your infolence. We will not here re-enter on the propriety or impropriety of your engaging Mr. and Mrs. Yates-, but fhall only tell you, that as it was a meafure difapproved of by us all in con- ference on that head, and a meafure of great confequence to us all, it ought not to have been taken without the confent of Harris and Ruther- ford, efpecially not in defiance of our known opinion. The reafon you alTign for this precipitate engagement, will not bear you harmlefs, for you knew you had the ftrongeft aflurances that the managers of Drury* Lane would not engage them. .. ,i,g, , As to the affair of Cymbeline, the falfhood of your reprefentation in your pamphlet, is capable of proof: if we did not think the time would be mifpent in agitating an obfolete queftion. You are fenfible, that by your excellence in the art of ftirring up a fire, you made it abfolutely necelTary for us to forbid a repetition of this performance. Upoa [ ] tTpon receipt of this prohibition, you and Mr. Powell thus cor^ormed to your articles; you threatened to fhut up the theatre, and Mr. Powell to appeal to his friends and the public for rcdrcfs. (See True State^ p. 36.) About this time wc began to perceive, by the deluge of tradcf- mens bills, that an imip.enfe expence for the wardrobe, &:c. had been in- curred by iMrs. Powell, without our knowledge or confent. Wc there- fore could not but think it highly expedient for us to examine minutely what property had been brought into the theatre. On enquiry, we were told by the wardrobe-keepers, that great part of the property was in the pofleflion of Mrs. Powell, at her houfe in Ruflel-ftreet, Covent-Garden. We then, with as much politenefs as we were mafters of, defired that Mrs. Powell would fend to the theatre wiiat belonged to it; and that fhc would not give herfelf the trouble to incur any more expence without our knowledge. We immediately received an anfwer from W. Powell, that our requefts could not be complied with; that Mis. Powell was in- vefted with the care of the wardrobe by Mr. Colman, and that we Ihould find he, Mr. Powell, was not that cypher we feemed to imagine. (See True State^ p. 38.) This anfwer might have juftificd our refentment, though it excited only our rifibility. We do not find that the managers of DrurV-Lane, give any precedent for tiiis conduft of Mr. Powell. All their wardrobe, appropriated and unappropriated^ is in the theatre, under the care of proper officers, equally refponfible to them both. But we find in Mr. Powcirs anfwer, that ^r. Colman invefted Mr. and Mrs. Powell with the care of the ward- robe. You feem here, fir, to have power far beyond a dire6lor; you are a theatrical deity, for in this mimic world nothing is to exift but by your Jiat, Your arrogance faid, let Powell be a cypher and he was cypher. Your caprice revokes his deftiny, and this cypher becomes a manager \ while Harris and Rutherford, for confpiring together how to prcferve the fmall remnant of their liberties, are compelled to bend the knee to their theatrical Moloch, or endure the fiery ordeal of his difplcafurc. To t 17 1 To relieve your attention a little from the Gonfideration of (lubborn fafts, I will here attempt a parallel between yourfelf and another. aBing manager of great notoriety in former days. You will find his hiftory in Gibber's Apology : this gentleman was a patentee partner, bred to the law, and like you too appointed aSing manager-, fubjcd to the conilant infpedion and controul of his partners, who like us were thencpnfidercd as cqntrouling managers, he promifed to raife x\\t re- venue of the theatre greatly, juft as you have done ; he began bis ma- nagement by rcfufing to fubmit the little matters of theatrical bufi- nefs to his partners , then he refufed to fubmit greater matters, 'till at length he (hook off their infpedion and controul in every refpeft : (fo far is, not thecomparifon exaft ?) He then proceeded to raife a thoufand ftories of the ignorance and tyranny of his partners : endeavouring to incenfe the publick againfl them as men and managers. Fie boafted daily what full houfes his management produced; that he meant all for the good of his partners; that he was going on profperoufly, and fhould continue fo, if they would but be quiet your condud exadly ! But, inilead of having raifed the profits of the theatre, he lefTened them many thoufands, juft as you have done. Sir at leaft (by the account given in to his partners ;) then. Sir, he*engaged whatever fervants and performers he thought proper ; obliging them to obey none but him ; and laid out whatever fums he pleafed, without the confent or know- ledge of the other proprietors altogether juft as you have done. But to complete \{\s, c\\2iX2.(iit'i oi oMing managing^ he at length took exclu-^ five pofTeflion of the theatre, patent, wardrobe, &c. &c. and referred his fellow proprietors to the court of Chancery for redrefs. Thus far the comparifon holds : but we truft here it will break off, for this a^ing manager^ proceeding by bills in Chancery, fuits in law, and every petty- fogging trick, fo tired and harrafied his fellow proprietors, that they were in the end heartily glad to give up their property, and to leave him in entire pofleflion, rather than have any more concern with fuch a man. D To E 18 ] T9., return now to our narration 1 The fchemcs and arts that you pradlifed to creep into an excTudve management, and in confequence of that into an exclufive pofleirion> were various, and incelTant in their operations. But among them all, your favourite fcheme to that end, was that of being thought an able and a fuccefsful manager, and to fupport that charadler, it is incredible to thofe who know not your arts, what an enormous burthen it hath been to the partnerfhip, not lefs than thirty, forty, fifty, and fixty pounds in orders, were generally fent into the theatre each night , and on one night in particular in fupport of one of your own pieces upwards of one hundred pounds. Thus Sir, you fupported your fame, at the xpence of our common property. About the latter end of February, we were informed you were tam- pering with the performers, fervants, &c. &c. and endeavouring to prevail on them to enter into articles with you only : which articles, it feems, you were prepared to execute upon your own proper authority, without any reference to us, and our privilege of revifing and diiTent- ing from or confirming the fame. This appeared fo manifeft a violation of your engagements, and fo direftly contrary to the exprefs letter of our articles, that we could fcarce give credit to it : however, in order to guard againft fo danger- ous a meafure, we immediately ordered Mr. Garton the trcafurer, ta ferve the following notice, mutatis mutandis^ upon every pcrfon be- longing to the theatre. S I R, X AM direfled by MefTrs. Harris and Rutherford, to give you notice, that you cannot be confidered as belonging to Covent-Garden theatre i after [ '9 1 after the expiration of this feafon, unlefs the engagements you may en- ter into for the next, be confirmed in writing by one or boiK of. ui Covcnt-Gardcn theatre, . Feb. 25, 1768. J. GaRTON. This notice we thought had nothing ofFenfive or unreafonable in it, yet you. Sir, and Mr. Powell, were incenfed to the higheft degree; and that part of the company who were dependants, and others who wanted to pay their court to you, did, in imitation of you and Mr. Powell, exclaim againft it in the moft abufive and bitter terms. One gentleman in particular, an intimate and avowed friend of yours, and formerly, as we have been told, a military man ; (you know how to chufe your friends!) when the above notice was given to him in the green-room, (before great part of the company) threw it into the fire with the utmoft indignation : then ftamping on it, added this explicit comment to the ad : that if he had power, he would ferve the authors as he fcrved this notice thruft them into the middle of the flames. This kind of language has been frequently held by this intimate friend of yours in public coffee- houfes, and wherever he reforted, as we have been informed by many gentlemen, who have heard and been fhocked at his indecent behaviour. Every fervant and inferior ador in the theatre, knowing how much fuch condud pleafed and delighted you, imitated in all places this gentleman's behaviour. Thus you form a contrivance to deprive us of our property, and if we legally endeavour to defend it, by fending a proper notice to the company, not to enter into engagements without our concurrence, you inftantly excite them by variety of falfhoods and others arts, to fadi- i ous abufe, contempt, public fcurrility, and falfe reports, againft our condud and charaders. By this kind of craft you fee, Sir, to what a D 2 dilemma dilemma you reduce us, we muft patiently fubmit to the falfe reports and abufes of the under aftors and fcrvants in our pay, or we muft implicitly refign our property to be difpofcd of as your arbitrary hu- mour (hall direfb. But thefe indecences, which to you who are the companion of thofr who utter them, might be irkfome ; to us, who do not hold ourfelves obliged to enter the lifts with our own fervants, were ever, and (hall continue to be regarded with the contempt they merit. You pofiefs the faving art of transferring your own quarrel to other men, and we have no more refentment againft thefe engines of yours, whom you have enlifted as the fadious abettors of your arbitrary and illegal de- figns, than we fhould have againft your footman, who brought an im- pertinent meflage or letter from you. We began now to be very defirous of knowing how the company were to be fixed for the enfuing year, and wrote to you often for that purpofe. On the 21ft of March, we obtained a plan of the- alteration you propofed. On the 25th of the fame month you received our anfwer, in which we afllgned very minutely our reafons wherever we differed from you, and requefted we might have yours in return as; foon as convenient, to the end, that a plan for the enfuing feafon might be fpeedily formed for the general good. About this time,, fir, as you keptboaftingof your fuccefsful manage- ment, Mr. Rutherford and myfelf offered in the prefence of feveral gen- tlemen, to infure to you for three years, a fum equal to the produce of that managexent : whatever more might appear on the books at^ the clofe of each year, to be fhared equally, if you would give yourfelf no more trouble about the management. This you refufed ;. but offered us, if we would withdraw ourfelves, a fum equal to our ur fhare in the profits of the prefent year ; but what further fum your manage- C ^' ] management might produce, you and Mr. Powell were to fhare be- tween you. At the fame meeting, you frequently in the nioft agitated manner repeated, '* Will you fell?' Will you fell ?'' As no reafon fug- gefted itfelf to me, why I fhould be obliged to fell any more than your- felf, you know I made you this offer : viz. " To put my fliare with yours, on the inflant up to au6lion, and whoever of the two (Colman and Harris) fhould bid moft, fl:iould have bothj" this too you refufed. After many letters and interviews having paffed on the fubjedt of fettling the bufinefs of the theatre, in which you artfully delayed com- ing to any determination, and endeavoured by all methods to keep us profoundly ignorant of your tranfa^lions or intentions. We fcrved you on the 15th of April, with a general notice to conform to your articles: yet notwithftanding all thefe precautions, we were much furprized a week or two after, to hear that you were engaging the company under pretence that our differences were all amicably adjufted. , - - 7? Exceedingly alarmed at this intelligence, we the fame day fent for feveral of the performers , who all affured us, Mr. Colman had taken them unawares, that they underftood it was entirely agreeable to us, or otherwife they fhould not have entered into any engagement with him. One in particular of eminence in his profeffion affured us, he was To much concerned at being thus deceived, that he would go immediately to Mr. Colman, and endeavour to get his agreement cancelled : he accordingly went, and afterwards fent us the following letter. Si r, Sir, X Waited on Mr. Colman this morning, and according to my promifc, demanded the cancelling of the agreement I had made with him, in the manner you defircd j his anfwer was, be would not. As fuch, I hope you will confider I have done every thing you wifhed me to do, and flatter myftlf you will look on Mr. and Mrs. Mattocks as defirous of doing their bufinefs, without entering into party. I am, Sir, April 28, 1728. With refped, &c. G, Mattocks. In this fituation, in order to prevent as much as poffible the effects of your promifes, threats, and mifreprefentations, in the performers, fervants, and others, we caufed the following paper to be printed and delivered to every performer, &c. TO THE PERFORMERS AND OTHER PERSONS BELONGING TO COVENT-GARDEN THEATRE. 1 HE many partial, arbitrary and unwarrantable proceedings of George Colman, Efq-, one of the managers of Covent-Garden theatre, being manifeftly injurious to the intereft and property of us Thomas Harris and John Rutherford, we thought ourfelves obliged, with the advice of counfcl, to give him the following written notice. T O t 23 ] TOG. COLMAN, ESQ.; X N purfuance of articles of agreement entered into, between you t!\e faid George Colman, and us Thomas Harris and John Rutherford, whofe names are hereunto fubfcribed, and alfo WilHam Powtril, bearing date the fourteenth day of May, 1767, we do hereby require you to com- municate and fubmit unto us, the faid Thomas Harris and John Ruther- ford, all future meafures, which you fhall intend to purfue, refpefling the direction of Covent-Garden theatre-, and more efpecially, wc do hereby conjointly forbid you engaging or contracting with any performers, artificers, or fervants, of any kind or denomination whatfoever, for the next feafon, or for any other term or time at the faid theatre, without firft communicating and fubmitung to us your intended contrails or agreements with fuch performers, artificers or fervants, and every of them ; and we do hereby further in particular conjointly prohibit you from receiving, contradling for, or getting up for performance any new pieces, which may be ofi^cred to you for the faid theatre, or on behalf of the proprietors thereof, and from reviving any old plays or perfor- mances of any kind, and alfo from cafling any plays to be performed at the faid theatre, without firft communicating and fubmitting to us the faid Thomas Harris and John Rutherford, all and every the meafures you fhall intend to purfue in thefe refpedls, and alfo all fuch meafures as regard your future conduct and management of all things comprehended in the dramatic and theatrical province of the faid theatre-, fo that we may, if we (hall think fit, fignify our difapprcbation thereof in writing to you j in which cafe, the fame are not to be carried into execution, purfuant to the faid articles : And we do hereby further give you notice, that all contrafts or agreements made, or to be made by you with any performers, artificers or fervants whatfoever, contrary to the tenor of this prcfent warning or notice, (hall be deemed and confidered by us as null and void j and that wc fhall forbid and prevent the payment of the ialarics t >4 J iaiartes, or other allowances or gratuities thereby ffipulated or agreed to be given, made, or paid to fuch performers, artificers or lervants, and every of them , and fhall alfo prohibit and prevent the paymeat for getting up, or performing of aay new pieces received, contradled for, or ordered to be got up by you, contrary to this notice, and the payment of all expences attending the fame. At the fame time we do afTure you, that we do not mean to fignify our difapprobation in writing of any meafure whatfoever, which you fhall intend to purfue, and (hall be duly communicated and fubmitted to us, refpeding the aforefaid par- ticulars, or any of them , unlefs we fhall be fully fatisfied and convinced in our own judgment that the fame will not be conducive to the enter- tertainment of the public, and the real interefts of the other proprietors of the faid theatre, and ourfelves : It is, at the fame time, proper for us to apprize you, that thefe being terms and conditions which you are bound by the faid articles of agreement with us to comply with, we fhall, in cafe of your breach of them, purfue all fuch legal remedies to procure fatisfadion and redrefs, as we fhall be advifed. Dated this 1 8th Day of April, 1768. Thomas Harris, John Rurtherford. And whereas we have received information that the faid George Col- man has fecretly and clandeflinely entered into articles with certain per- fons, now belonging to this theatre, in defiance cf the above notice or warning, in open violation of the articles fubfifling between us, and in contempt of our legal proteft in writing to him delivered; it is therefore judged expedient, in regard to the fecurity of the company, to give this general notice. That fuch agreements are, in the opinion of counfel illegal, and therefore will not be afTented to, or deemed obligatory, by us ; and that all perfons who have, or fliall at any time enter into any agreement with the faid George Colman, without having the afTcni in [ H ) in writing of one or both of us, will be confidered as entering into a combination with the faid George Colman, to diveft us of that natural and equitable right over our property in the faid theatre, which we are de- termined by every legal method to maintain. Many falfe and malicious afperfions alfo having been openly as well as covertly propagated, that we mean to difcharge feveral of the performers, &c. to lower the falaries of others, and to weaken and throw the whole company into diforder and confufion, than which nothing can be more contrary to our intentions. All perfons, therefore, who are defirous of being fatisfied of our defigns refpedling themfelves in particular, or the theatre in general, are requefted to apply to us, at the faid theatre, or at either of our houfes refpe6tively. Covent-Garden Theatre, * April 27, 1768. JOHN Rutherford; We were now informed, that Mr. Colman was negociating with every perfon belonging to the theatre, and devifing every means to engage them. In order as much as in us lay to prevent this, we fent for many of the principal performers, cautioned them not to enter into an en- gagement with Mr. Colman alone: again and again explained to them, that no engagement with Mr. Colman alone could be binding on us or them, contrary to notices given to both parties. We even went farther, and, that it might not be urged, againft us, as it had been, that our protefts were frivolous and capricious, and had no other objec!:!: than to prevent the public exhibitions of the theatre we offered to engage any of them in a manner conformable to our articles with Meflrs. Colman and Powell, which we were advifed we le- gally might do. But we found your artifices had taken too much E hold hold of many amongft them ; and upon this difcovery we entirely de- clined any further engagements with them. At the fame time we caufed the following paper to be exhibited in both the green-rooms. OBSERVATIONS OFFERED ^'ft^'^^tVit' CONSIDE- RATION OF THE PERFORMERS AND OTHER fERSONS BELONGING TO C O V EN T-G ARDEN THEATRE. W, Hereas feveral falfe and deceptive infinuations have been thrown out, refpcfling the prefent circumftances of Covent-Garden theatre, it is judged expedient to offer the following obi'ervations to the parties concerned. '^ /{' '^; That as George Colman, Efq; is invefted with the management ' ' of the faid theatre by an article, in which he is exprefly bound to fubmit all the mcafures, he may intend to purfue in fuch management, to T. Harris and J. Rutherford, and to put no deCgn in execution which they may difapprove : he the faid George Colman has no right or authority to aft as fole manager, without making fuch fubmiflion of his meafures to the faid Harris and Rutherford, who are by virtue of the faid article, ultimately to determine what ihall or fhall not be carried into execution by the faid Colman, refpeding the management of the faid theatre. II. That all contrafts with performers, or others, made by the faid George Colman, for himfelf and fellow proprietors, againft the confent, or even without the knowledge of Harris and Ruther- ford, are and muft be null and void, fo far as they regard the z faid t 27 1 faid Harris and Rutherford, on whom they cannot be obligatory: the faid George Colman not being authorized, but publickly and exprefly forbidden by them to enter into any fuch contrad. III. That as the faid George Colman, notwithftanding the repeated remonftrances made to him by Harris and Rutherford, ftill per- fifts in negledling to fubmit to them the meafures he intends to purfue, in the management of the theatre, and alfo in pur- fuing fuch meafures as they difapprove, they Harris and Ruther- ford, are juftifiable in preventing the farther proceedings of the faid Colman, to the injury of their property, and in oppofuion to the tenor of the articles fubfifting between them. JIV That notwithftanding the undoubted right of Harris and Ruther- ''.7 ford to prevent the farther mifmanagement of the faid theatre, there is reafon to believe from the apparent difpofition of Mr. Colman, that if the faid Harris and Rutherford do fo exert themfelves in oppofition to the illegal and unjuftifiable con- dud of the faid Colman, an intermptiojj ,wiH.;nfijg tq^the bufi- nefs of the faid theatre. 'hiMn s.it ((r- tj^nffr/) .^ '''V?'''That an interruption to the bufinefs of the theatre muft be attended with very difagreeable confequences, botli to the com- pany and the proprietors. yi. That if, in order to prevent fuch an interruption, Harris and Rutherford do alTume the management of the theatre, in default of the faid Colman, they are juftifiable both in law and equity, for the fubfeduent )tr3q n Ei REASONS. R E A S O Nuu S. I. That the negative power given them by article as comptrolling managers, does not fupercede their politive power, as two equal and joint proprietors of the theatre -, for that they do not, on any confideration, either exprefifed or underdood, thereby refign or give up, that natural and equitable right, which every man has to the difpofal and management of his own property : fo that they are flill at liberty to adl pofitively with regard to fuch rfj "^^ property, as if no fuch article exifted -, in which laft cafe, they would undoubtedly have as much right to manage the joint property of the theatre, to contraft for and difcharge performers, &c. as either or both the two other proprietors. II. That on the other hand both Colman and Powell do, by the faid article refign and give up their right as fimple proprietors -, Mr, Powell exprefly, for a valuable confideration allowed him as a performer, refigning all pretenfions to manage; and Mr. Col- man intelligibly for the emoluments accruing to him as a dra- ;'f ma-tic writer, confenting to a(ft as manager fubjedb to the controul of Harris and Rutherford ; who expedling no other profits from the theatre, than what muft arife from the good management and common intereft of the whole, think it extremely unjuft they fhould be deprived of the privilege of providing for its fecurity, efpecially as for the reafons afllgned, they and they only are legally impowered to determine what meafures are to be purfued in the condudb of the faid theatre, VLl. That noiwithftanding Colman and Powell arc by the faid article legally incapacitated, the latter to interfere in the management C ^9 ] at all, and the former to manage otherwife than is approved by Harris and Rutherford ; while the faid Harris and Rutherford lie under no legal reftraint from adling in default of Colman as mafters of their own property, and joint patentees of the theatre -, it is yet by no means the defire of Harris and Ruther- ford, to infringe the faid articles, or fuperfede the faid Colman as ading manager, they requiring only that he ad in conformity to the article by which he was conftituted fuch : in which cafe he adually admitting their negative right as comptroUing ma- nagers, they would not willingly exert their politive right as patentees and proprietors. -' ^^ It is hoped, that on this fair and impartial repreferitition of the cafe, none will be fo milled as to adopt fuch abfurdities, as that any per- fon can be inverted with an exclufive right of managing at his own pleafure, by an article that'authorifes him only to manage under the con- troul of others , or that Harris and Rutherford can have no other right over their property, than to complain ineffedually of Colman's mifma- nagement of it -, while he himfelf is authorized to proceed in open breach of tiie very article, by which he claims the privilege of managing at all. They hereby, therefore, confirm the notices already given to Mr. Colman, and the performers, that they are not nor will deem themfelves bound by any contraft or engagement entered into by Mr. Colman, without their confent firft obtained. '^^ io ,1 ,j T. Harris. ^o biJ' Rutherford. Such was our fituation, when on the fourth of May Mr. Ru- therford by accident was prefled by the crowd at Ranelagh clofe to you. He could not avoid expoftuiating with you on your condu<5t, hetolc^ you, and be told you truly ^ how extremely defirous we were of ending coivtentioK C 30 1 contention which ferved only to weary the patience of the public, and facrifice our joint interefts. In confcquencc of this accidental rencontre you appointed the fuccceding evening, for the four parties to meet. Mr. Rutherford and myfelf met you, with a fixed determination to ufe every pofllbie method of finally clofing a difpute, which had for fo many months harreflcd and diflrelfed usj we were determined to give you up all your pointSy as you call them, though we were too fenfible many of them were very injurious to our property. Indeed we never did mean iitigicufly to contend with you about matters of inferior mo- ment. This, from firft to lad, has been the only point we had in view, viz. to have an equitable controul over our property ^ and the mangement cfit. In this dilpofition we met you, when it was foon underftood that all arrangements relative to this theatre might very eafily be adjufted to the fatisfadion of all parties. The following point was the only one in which we differed from you\ and in juftice to Mr. Powell, we muft declare he likewife differed from you throughout the whole of the arguments, equally with ourfelves. You infifted that you fingly had a right to form the mode of engaging performers, and that no one but yourfelf y^(?a/^ fign an article with any performer. We urged that the making agreements with performers was a meafure of the greatefl: ex- pence and importance in our undertaking, and that by our articles you were obliged from time to time, and at all times, to fubmit your con- dud, and the meafures you intended to purfuej and that upon our dif- approbation the meafure was not to j^e carried into execution. We far- ther urged, that from the nature of our circumftances, having an undi- vided moiety of the property, from the common ufage and nature of partnerfhip, from the exprefs letter of our article, from common fenfe and common equity, as we were liable to pay the half the expcnces or damages that might occur in our undertaking, we thought it but rea- fonable that bonds, penalties, and expences, amounting to fo many thou- fands a year, (hould not be entered into in our names without our know- ledge and confenti which could be no othcrwife aflured to us, than by our fjgning [ 31 1 figningthe agr^ment; and that if you intended to article none but fucb as we approved, there could not poffibly arife an obje(flion to every article being figned by the four proprietors. This reafoning having no kind of weight with yott^ we made you this propofal. That our articles refpedting the management fhould be laid before fome one or two of the moft eminent counfel, to he nominated by yourfelf^ who fhould have power given to prefcribe a form for engaging performers in future, and who fhould determine who of us were^ and who were not to fign the faid article. '"^J""-' u:ai.jiup3 nc ^vsa o: V ;..,,.. .; >. ;i./. ., .;..!.v ^1,;^^ jam 3W noijiloq'ib aidj nl .^: ^,^ -Mr; Powell "-recefv^ecl this prBpdfa! ii !)^catrtit'li1fft'i '1e dfelared It td be his opinion that we ought all to fign the articles with performers, but obferved that the offer of referring it to counfel was fair and candid in the higheft degree. You yourfelf, fir, even j<?a, allowed it to be fair, but faid you mv.fi take two or three days to conjider of it. We then parted in appearance moft amicably difpofed to each other. Mr. Powell nov^^ openly avowed the equity of cur proceeding, and publicly declared to all his friends, that if our difputes were not entirely ended, it muft be alto- gether Colman's fault , and indeed was fanguine enough to fay, that it was impofTible Colman fliould not confent to our unexceptionable pro- pofal. But how were his and our expedations defeated, when, after impatiently waiting the expiration of two days, we received the follow- mg note. ' .V ...... one atislij nommoa 3f{j .iiJoit ..^i^^ncir. alfiii ncfT!rnf>:> croU .^bins mo "io 153331 10' E3Di^ , -, ffcd 3d3 Y^q 03 Sidfiil 313W 3^ <J s>* i4(i!.>lfi.'T9bny luo nr lu'ji.A. ,.:.. i a i !.'.- ***''< Since! tiSd thepleafure of fefeifigyou and Mr. Rutherford, I have advifed with my friends and counfel concerning your joint propofal. They are all unanimoufly of opinion, that my right to contraa: with performers in the manner I propofe, is fo clear and obvious on the face i: 3 ] of our article, that there is not the leaft occafion or foundation for a reference. A reference implies a doubt which they do not admit, nor can it reafonably be expefled that I fhould appeal to other counfel to decide a queftion between us, when my own have fatisfied me that the point is indrfputable. I am, Sir, Your moft obedient humble fervant, G. COLMAN. I forbear making any remarks upon this evafive epiftle : You are not to be told what were the motives which induced you to rejedl this equitable propofal ; and the reader, I am perfuaded, will anticipate me in the conclufion to be drawn from it. During thefe tranfaftions we heard nothing from you relative to the adjuftment of affairs for the enfuing feafon ; we therefore fent you the following letter. VV E wrote to you th6'i9tn of April ia?f,''na agairi on the loth of May, refpedling the ftate of our affairs j to both which letters we have had no other anfwer than yours of the nth inftant, importing only that you would with all convenient fpced give us an anfwer, and that it was wholly owing to ourfelves we had not received one fooner. This we are entirely at a lofs to underftand : but we plainly perceive you can make any evafion to avoid acquainting us with your meafures and in- tentions ; but, Sir, being fenfible how very much you have hurt the 4 property. i 23 1 property, and injured our fortunes by your management this year, you cannot but imagine we are extremely anxious about the next feafon ; therefore, to keep us fo perfedlly ignorant of your tranfacbions refpeflincy the company, and of your intentions in regard to the plan of bufinefs for the next year, cannot be deemed confident with honour, equity, or honefty. We requeft of you, Sir, a plain, precife anfwer; and not fuch as we have hitherto received from you evafive, ambiguous, or in- dired. " ;':'---- -icr "Wc arc, Sir, ^^y ^7- Your humble fervants. To George Colman, Efq;^ T. Harris." J. Rutherford. 'iff i{\'. A few days before this tfte following letter was lent to* Mh Powell. ^. ..... Si r, ,_ ^ , )Y an article entered into on the 28th of May lafl:, we each of us covenant not to aft, write, or have any (hare, intereft or concern in any theatre whatfoever : yet notwithftanding this exprefs and clear claufe, in a converfation the latter end of November lafl, we proved to you that we were then difpofed to ferve you by agreeing to your going to Briftol, though that was a ftep difagreeable to us all agreed by all to be pre-/ judicial to our common intereft, and Mr. Colman refufed his alTent thereto ; fince that time the whole tenor of your condu(5b has been fuch as to make it impofTib'e for you to pretend to our friendfliip or favour : you have in oppofition to our common requeft and legal prohibition, been alTifting in the performing of Cymbeline; you have negle<5led to deliver up that part of our property in your poflefTion, viz. cloaths, filks, &c. &c. though formally required fo to do, on the 31ft of De- cember laft i you have continued to load us with great expenccs without F our our knowledge, and contrary to the notice given you ; you Irave twice ro^ fufed, viz. on the 29th of December, and on March ift, to attend or confult with us on the affairs of the theatre ; you have from the begin* ning to this time been in the moft perfcft combination with Mr. Col- man 5 you have aided him, and given him colour of pretence for breaking his articles, co-operated v/ith him in fowing diffentions among the com- pany, and in injuring the property by his bad management through the whole of this feafon ; you have fuffered your name to be affixed to Mr. Colman's pamphlet, which contains much fcandalous abufe, and many falfehoods refpcding us, without your having feen it, or knowing the contents of it before publiflied 5 fo prompt were you to wrong thofc who had ever before fhewn themfelves eager to ferve you ; and you have yefterday for the firft time play'd Hamlet for a benefit, contrary to tBe common intereft, and our earneft defire ; you have fchemed and af- Jfiftcd Mr. Colman to dived us of our rights, and to lefTen our property in the theatre ; of this the whole of your conducfi:, and your repeated declarations at different times (of which witnefles can be produced) arc Efficient evidence. oe mi ' ;tu; Now, (Tr, on a review of our pad behaviour, we perfuade ourfelves you are not mean enough to afk an indulgence, nor weak enough to cxpeift one ; and as we never will be juftly accufed of afling ambiguoufly or covertly, we give you this notice, that you are in all matters to conform- to the letter of all the articles entered inta between us; particularly that wherein you are not to have any (liare in, or perform at Briflol or any other theatre whatfOever ; and you are hereby again required without delay to deliver into the theatre, all cloaths, filks, and other effefts, which are the joint property of the proprietors, and which may be now in your poflcflion. We are. Sir, Your humble fervants, T. Harris. Jfynl 26, 1769. J. RuTHERPaRDi To William Powell* C 35 ] The article referred to in the above letter, in which all parties covenant to have no concern in any other theatre, you remember, fir, was warmly inlifted on by you, in order to prevent Mr. Powell from going to Briftol. (Set True Slate, p. 42 and 43.) Mr. Powellat firft objeded very ftrongly againft it, but at laft your threatning, perfuading art convinced him that this ciaufe was alfo for his intereft, as well as that wherein he excluded, himfelf from having any fhare in the management of his own property^ Here, Mr. Colman,you molt generoufly refolved that your bofom friend Powell's fame and fortune (which he had intrulled you with) was in no account to ftand in the way of your afluming dignity. (See True State, p. 42-) nrlffisql^i^^b To the above letter we received no anfwer. Indeed, all we intended by it, was to exhibit the man to himfelf; and though we had no defign to revoke the confent we had pafled for his going to Briftol this feafon, yet we held it expedient to recall his articles to his memory, in particular, that wherein he is put under difabilities from afling at any other theatre whatever ; fairly intimating to him at the fame time, that we did not find ourfelves inclined to grant him any fuch indulgences for the future, . But alas ! to our forrow we muft acknowledge the force of that doc- trine, you i'o often, and fo triumphantly repeat. *' JVbat the d Iftg- " nijies articles^ when there is no -penalty?'* Very little truly, fir : how can we expe6t you will do juftice without compulfion ? for want of which, to refer you to your articles, is juft asfruitlefs as toappeal toyourcon- fcience. Notwithftanding the letters of Mr, Harris to Mr. Powell of the 2 6tli April, ever fince the night we propofed to refer to counfel the mode of engaging the performers, Mr. Powell appeared to be confentaneous with us. On the 19th of May we received from you a very long letter, filled as ufual, with faife fadls, falfe reafoning, and falfe fuggeftions ; all which we were not furprifed at. But we were very much fo at oblerving the ufe ' F 2 you [ 36 1 you made of Mr. Powell's name ; cxprcfling yourfelf frequently in the plural number, and making Powell in feme meafure refponfible for your aftions and aflfcrtions. We thought proper therefore to fend a note to Powell, defiring to know how far he would be refponfible for the contents of your letter. Upon the receipt of which, Mr. Powell came immediately to my houfe, where he found Mr. Rutherford. He then affured us he had no concern in the letter, that Mr. Colman had frequently drawn him in to concur in a<fls which he afterwards repented*. Notwithftanding this apparently candid and implicit declaration, we received from Mr. Powell the next day the following letter. May 2 1 ft, Saturday noon. A Have received your letter, refpe<5tlng one you fay you have received from Mr. Colman, and defiring to know if I look upon myfelf equally with him refponfible for its contents. Whatever my opinion might be, in regard to Mr. Colman's condud refpedling our affairs, or of the contents of the letter in queflion (wherein, I prefume, he has not made mention of my name, but where 'twas neceffary to relate his bufinefs for the purpofe of his letter) I cannot fuffer myfelf to be refponfible for the contents of any thing whereto I do not fubfcribe my name.- I have the greateft faith in Mr. Colman*s intentions for the general good, and I hope and rely, that his condud will tend to reconcile you to his mca- fures, and produce peace and unanimity to us all. I am, with compliments to Mr. Rutherford, Your very humble fervant, W. Powell. At the fame time, among other things, he informed us, Mr. Colman had entered into engagements with the houfe-keeper, carpenters, and wardtobe-keeper. A new fpecies of 'intrenchment, which we believe was never praftifed by any aiing manager in the world before. It [ 37 3 It appearing by the ftile and tenour of this letter, that Mr. Powell had been confuking with Mr. Colman, it was thought proper to return the following; anfwer. ; v TO WILLIAM POWELL, ESQ^ oflyrn ;130nO3 "i^"^ ^i>:i v^: ^ii^ -- ^-'ii'^ May 24^1, Tdday. Yefterday received yours dated Saturday noon : I mud tell you I think the writer of it cannot be the fame perfon, who w^as with me on Saturday morning; your converfation to Mr. Rutherford and myfelf, was then fo very different from the (tile of your letter, in which there is fo much evafion,' and fo much duplicity, that I think I may venture to affert nobody but Mr. Colman could be the author of it. It gives ipe much concern to obferve, that notwithftanding your repeated decla- ration, '* thai you wijhed we never had had any concern with Mr. Colmany *' and that we three had originally undertaken the theatre without hiin, in " which cafe you was abfolutely certain we never could have difagrecd ; that ** you entirely difagreed with Mr, Colman in his attempts to engage the -per- " formers hy himfelf; that you difapproved of his arbitrary difpofition, and " of his having frequently made ufe of your narne, without having^ been " authorized by you.^^ I fay. Sir, it is matter of concern and aftonifli- ment, that you fhould perfift Cdivefling yourfelf of all preteniions to judgment in your own affairs) to place fo implicitly your whole dependence on the man who originally deprived you of your right of interfering in your own affairs, who continues to do it, notwithftand- ing we have offered to reftore you to your right, who has either wickedly or weakly fo mifmanaged the theatre, as to lefien the cuflo- mary profits of it nearly one half; and who is now endeavouring to fijc himfclffo firmly and exclufively in the theatre, as in future to have us t 3 I -US and our fortunes entirely at the difpofal of his capricious or infidi- -ous inclination. Whatever regard you may think proper to pay to thefe hints now, be aflured there will come a time, when you wiW acknowledge them to have been as deferving of gratitude from you, as has been all our preceding conduft towards you. I am, Sir, Your very humlplcfcry^t*,.^^^ It. Harris. ,^o this letter Mr. Harris received no reply. Nothing worth your notice occurred between this and your clofing the feafon, which you triumphantly did with the play of Cymbeline^ in x)rder to prove to the company how glorioujly, how compleatly you had carried your point , to prove too the folly of Harris and Rutherford, in prohibiting fuch an attra^ive play, the houfe was to be made full : all yourpartizans, exult what a houfe ! what an amazing houfe for the time of year! but you know, Mr. Colman, the real receipt of the houfe fell far fhort of the nightly cxpences of the theatre, and that notwithftand- ing your new occafional prologue -, indeed there were fixty pounds worth of orders in the houfe ; fo it muft be confefTed the houfe was tolerably full, and this aufpicious night at once crowned your fuccefs as a manager, and immortalized your name as a poet. The feafon now being over, we appointed Mr. Garton the treafurer to meet us at the theatre on the of loth June, in order that we might examine his accounts. After we had gone through them, we informed Mr. Garton they appeared to be all very correct and right, but we perceived he had paid feveral bills, notwithftanding our cxprefs orders to <he contrary. To this he pleaded only your order, fir ; and indeed gave t ^9 ] gave as to underfland he fhould pay all bills in future, which you di- redled, notwithftanding our prohibition. You will readily allow, we fuppofe, that we might realbnably objed to a fervant who profcffcd he would pay away our money without our permiflion. We therefore told him for the future we fhould be our own treafurers, and that the balance of the ca(h-book being fo exceedingly fmall, it was incumbent on us to examine very carefully into the dill)urfements; not that we had the lead fufpicion of him, for that we were ready, if he requefted it, to give him a full and legal difcharge that moment : but, that as Mr. Colman had mod arbitrarily condudled our property through the whole feafon, it was highly neceflary for us minutely to look into the accounts; for which purpofe we fhould fend the two books down to Mr. Harris's dwelling-houfe. To this Mr. Garton making no refiftance, the books were given a fervant of Mr. Harrisj to carry home. We then imme- diately waited on Mr. Durant of Portman-Square, (who had given a bond of fecurity for Mr. Garton) with an intention to afTure this gentleman, who patronized Mr. Garton, that we had no other ob- jedion to Mr. Garton's condufl, than his abfolutc devotion to the orders of Mr. Colman, and that in defiance of our protefb and difient. While we were with that gentleman, Mr. Garton came in. We then, in prefence of Mr. Durant, afTured Mr. Garton that we had not the leaft thought of doing him any injury, that we were ready at that moment to fign any paper he or Mr. Durant fhould think neceffary for his fafety, either a receipt for the books, or a general releafej that we were ready at any time to fettle his account, and give him a proper difcharge, though we fhould have no objedtion to continuing him as treafurer, if our property was fafe', but ihat as the treafury was the only department in which there remained for us the leaft fliadow of reftraint ever Mr. Colman*s mifcondudt, we could not fuffer Mr. Garton to deprive us of it. Mr. Durant then allowed he could not fee the leaft rcafon for Mr. Garton to give himfelf any concern about the books. * Nor- [ 40 ] Notwlthftanding this Mr. Garton a day or two afterwards called on me and demanded his books, faying, if he had known as much then as he did now, we (hould have had his life as foon as his books, and that he had ferved his king and his country, and that it was unlicard-of cruelty to deprive him of his bread. To all which I oblerv- ed, that I had as much refpeft for thofe gentlemen who had ferved their king and country as zlny body could have, but could not fee why on that account we was compelled to provide for Garton ; and after remonftrat- ing againfl his tinprovoked infolenc.e, difmiflcd him. Since which we find, fir, your litigious difpofition has prevailed on the man to lodge an indiflment againft us in the^rown-office; fetting forth, that with clubs, fticks, Haves, and fills, we aflaulted, beat, bruifed, and wounded the faid Jonathan Garton : and this very probable account you and your cmifiTaries have circulated all over the town. You likewiie took care to have it inferted in the news papers, that ^''forfome outrageous proceedings in Covent-Garden theatre, one of the proprietors was taken up by a judge's war- rant, and that another fied from it to France. How fcandaloufly con- tempiible the propogation of fuch falfehoods, for the fake of a momen- tary triumph, when you muft know, or will foon to your coft be taught, that it Wjisyour proceedings, not ours were illegal. On the loth of June we fent you the following letter. S I R, X Efterday upon examining our accounts kept by Mr. Garton, we difcovered that he had paid feveral bills, againft the payment of which we had protcfted, and he was fo candid as to inform us, that he fhould purfue the fime mode of conduft in future; that is, to pay all bills which he {hould judge proper for payment, notwithftanding we might fignify our diflent thereto. From thefe circumftances we found it neceflary to difpofiefs him of the power of afting as our treafurer-, which we have accordingly done, and have now in our poflelTion (as 3 comptrollers t 4' T comptrollers of the treafury) the journal and ledger belonging to the theatre, and Ihall continue to aft for ourfelvcs, until we may judge it convenient to appoint a treafurer on our behalf. The India bonds that are in the banker's hands cannot be fold without an order figned by all four i if you and Mr. Powell will authorize either of us to difpofe of as many of thefe bonds as may be neceflary, we will either of us difcharge all fuch bills as we think proper ; at the fame time we (hall carefully obferve to pay none againft which cither you or Mr. Powell (hall proteft. We are, Sir,^ Saturday, Your humble fervants, June n, 1768. T. Harris. J. Rutherford. After reading this letter, we leave the tradefmen, &c. &c. who have any demand on Covent-Garden theatre, to determine who it is that with-holds the payment of their feveral bills. To fatisfy them ftill farther, I am ready with your confent to take on myfelf the care of difcharging their refpedtive demands, and at the fame time to enter into any bond or 'penalty you pleafe, not to pay any demand what- foever, without having previoufly the written confent of Mr. Powell and yourfelf. Our next care was to fee how the wardrobe was circumftanced, for we had been informed that Mr. Powell had, with your permi(rion, carried fome of our mod valuable cloaths toBriftol. In order to examine into that matter, as well as the general (late of the wardrobe, we appointed Whitfield, the mens wardrobe keeper to attend us on the loth of June. G But 1 4^ j' Butlnftead of the wardrobe -keeper, you, fir, attended with Mr. Gat* ton, and another gentlemen, an attorney, (whofe name we wilt not mention, as his general charadcr befpeaks him to be a man of honour and integrity in his profeflloni as aproof of which, we are informed you nowemploy him no longer. )You may remember you immediately attacked me in terms the mofl fcandalous and provoking -, Teeming atone and tho the fame time, under two very different influences^ your fears impref fmg you with afenfe of danger, and your witneflcs prefen ting you witli an idea of iccurity : but you then experienced I was not compounded of thofe very irafcible materials you afcribe to me 5 aftger is not the pafllon which your infults at prcfent excite. You infoftticdf^tis, that you had ordered the wardrobe-keeper t* attend us ; but that now you had ordered him away again, and thatyouH had taken the keys of the wardrobe from him, and that there wefhoulct not enter. Upon which, fir, you know that J, in your prefence, and^* in the prefence of Mr. the attorney and Mr. Garton, put my foo^" againft the wardrobe-door, and burfl it open in order to come at the ' truth of your fending, or permitting the cloaths to be fent, to Briftol j . but when we got into the wardrobe, not being able to find the inven-^ tory books, and having no wardrobe-keeper to direft us, we fufpendedT our enquiry, until we could procure them. To which end I clapped a pad- lock. on the door, put.the key in my pocket, and left you, Mr. land'. Mr. Garton together in the theatre. At the fame time we. left orderac- for the wardrobe keeper to come to us for the keys of the padlocks. Soon after we difcovered , that many things^ were taken away- bj^' Mr. Powell. What in the whole might be wanting it was impofiible for us to afcertain. Some of the cloaths were of the. richefl: in the ward- robe, and others made new on purpofe for. Mr. Powell laft feafon. Kow, in our judgement, this ad, whereby you either^fent or confehted; to the fending, the cloaths of Coyent-Garden theatre, &c. to be- made.- made ufc of at Brlftol theatre, without our knowledge, is a licentious xbufe of our common property, and indeed (harih as the expreflion may ieem) a pofitive breach of truft in you: we fay, it is a breach of truft>, and our authorit]^ ^ it is the following claufe in our articles. ** It fs therefore hereby further agreed, That the faid George Cohnanfhall *' front time to time, and all times hereafter^ communicaH and fuhnit his ** condu5i and the meafures hefhall intend topurfue, unto the faid 2". Harris. *' and J. Rutherford i and in cafe they Jhall at any timefigmfy their dif " approbation thereof in writing unto the faid George Colman, then and in *' that cafe^ the meafurefo difapproved of pall not he carried into exemtioni- " any thing before contained to the contrary notwithjlanding." But your injuftice in thus abufing our property, you endeavour to explain away by an affidavit argument. Swearing before a magiftrate, Mr. Colman, is the mod folemn awful ab of fociety, and though a man may fo con* ftru<5t an affidavit as to elude the queftion in difpute, it will never pafs upon the world, and the man who pradtices that kind of dexterity, will ever wear a brand in his reputation odious and 4^^P ^s public con- tempt can imprefs upon it. ,, ' The two points your affidavit attempts to prove, are firfl'j that it is ufual to indulge performers with cloaths; and fecondly, that the value of thecloaths Mr. Powell took, did not amount to more than 150/. or 160/. at mofl:, a fad which we do not believe. But be this as it may, we mufl: obferve to you, fir, that if a partner embezzles or perverts the property of a partnerlhip which he has in trufl:, to his own private emolument, either openly or clandeflinely, the turpitude of the crime does not arife out of the quantity or quality, but out of the perfdy of the aft. But your affidavit-man fwears, " it is ufual to lend performers, and fometimes ** very inferior ones, dreffes from the wardrobe of the theatre royal, and " that at the clofe of the very lajl feafon, Meffrs. Shuter, Davis, Fifhcr, *' and Signora Manefiere, were indulged with the ufe of dreffes and other. G 2 " properties t 4+ 1 ** properties from the wardrobe of the f aid theatre, for their own particular ** ufe, at the theatre wherein they performed in the Country.** We believe, fir, upon recolledion you will find that Meflrs. Shutcr and Da- vis have been for this laft two or three feafons engaged at Mr. Foote' theatre in the Haymarket, and have not been in the country. But fuch little flips as thefc, we allow, are of no kind of importance in a theatrical affidavit, efpecially if they contribute to the better carrying on the plot. We will allow, that it may be ufual for a Fifher or Mana- liere and others, to be indulged with a dancing drefs or two, to be ufed in the country, which is too dirty to be worn by them in town, or that from their ordinary nature they cannot much be damaged. We are fenfible, fir, that your affidavit-men are gentlemen of mod extenfive con- Iciencej but wc afk you, whether you can aflfcrt that it is cuftomary to indulge any performer with rich and perijhahle cloaths, to be exhi- bited, worn and dirtied in country companies ? Afk Meflrs. Garrick and Lacy that queftion, fir ; they mufl: tell you that fuch indulgences would foon make the wardrobes of the theatre royal as contemptible as that of a {trolling company. But fuppofe we were to grant you, fir that it is ufual to lend rich cloaths to performers to be ufed in fl:roHing companies, what would that avail you ? It is ufual to lend money, yet if your fervant was to lend your money without your confent, we doubt if you would fail to difcharge him. But this deponent farther fwears, " 'That he has received the cloaths " from Brifiol^fafe uninjured and unimpaired in any degree.** Here, fir, embroidered velvets, filks, &c. are fworn to have been conveyed 240 miles, have been probably worn at Brifl:ol theatre, and yet are received back fafe, uninjured and unimpaired in any degree. Really, fir, when you. make a man fwear, the leaft you can do for him is to take fome little care of his reputation, whatever may become of his confcicnce. But he farther perfifl;s in fwearing, " ^hat feveral things and proper* " ties belonging to Brijlol theatre were ujed and employed in many plays X " aSled f 45 I <( a^ed laft feafon at Covent-Garden theatresDo^ fir, be fo obliging as to make one more affidavit, and let us know what thefe things and pro- perties were. We never heard of any before, nor do we believe there were any of any value or confideration. At the fame time we beg the favour of you to make the womens wardrobe-keeper fwear, that Mr, Powell has taken no cloaths from the womens wardrobe : it would be ar great fatisfaftion to us, as at prefent, we are a good deal in doubt aboul. that matter. ^BiH taretvurn to our n^r^tive*. ^^H/ f^rt iyt >'i-t *?'^fO"''^ - s i - .' ,.i J ,.yoi:i; ihv,' a// .:ok^ r>t >-\<- On the 1 1 th June we called again at the theatre ; and, obferving % tall ferocious figure keeping the door ; we aiked by whofe authority he was planted there ? He anfwercd by Mr. Colman, and imoaedUitely drew forth the following paper..:,,, v,a-.^^.. ..,^ _^ aw ^u6 i-^^nj: : X George Colman, one of the proprietors and manager of the theatre royal, Covent-Garden, do hereby appoint W. Flight, of the parifh of St. Pancrafs in the county of Middlefex, to be affiftant houfe-kecper to Charles Sarjant the houfe-keeper of the faid theatre, and jointly with him, for me, and in my name, as manager of the faid theatre, to keep poffeflion thereof, and of the houfe adjoining thereto, occupied by the faid Charles Sarjant ; and hereby order and direft the faid W. Flight, not to fufFer any peefon wbatfoever to ftay or abide in the faid houfe or theatre, but as the faid Charles, ^jaat ihall dire^. Witneis my haivd this nth of June 1768* ,,. i . r Witnefs '^ -o^^A ^t^ .).A .?yM\ ,?jrvljvG. Colman* Jofeph Younger, prompter to the theatre. aiidoif^ ns^d 'i/crf ,?*^I; . Charles Sarjant, jun. box-office-kceper.^*^^^^>* ^^-'^ ^^t>t^j By thc'tcWfiSofthis commifliori; MrmightofthepariftiofSt. Pancrafe, was authorized and empowered by Mr. Colman of Great Qocen-Street, to exclude us, the joint and lawful proprietors of Covent-Garden theatre, u^.r,^ ,^ ftom t 4 1 from entering In' or abiding upon our own premifes, unleis Mr. Sai^anTt one of our hired fervants, fliould pleafe othcrwire to direft in our favour ; and all this ordered and enjoined to be dotie for you, and in your name, witlK)uc aj^y mention made of your joint tenants and proprietors. The next day by accident we both of im fercrally met Mr. Sarjant's fon, one of our box-keepers, who informed us, that Mr. Colman had taken away the keys of all the doors in the theatre, and that the doors were all barred and bolted, but that if we applied we alone might be admitted through Mr. Powell's houfe in the Piazza, in which there was a door which communicated with the theatre. Being well advifed that we could not juftify entering our own pre* mifes through another man's houfe, and being well aware of your liti- gious difpofition, we determined not to go into the theatre through the houfe of Mr. Powell, who was then at Briftol. We tlierefore, on Mon- day the 13th of June, fent a fervant with a written order for admittance, he was refufed by Mr. Sarjant, wIk) urged your exprefs order for that purpofe. We then defired two gentlemen to accompany us to the theatre, and in their hearing demanded entrance of Mr. Sarjant, who anfwered us,thrufting his head out of a barred window, that Mr. Colman had got all the keys of the doors, and he could not let us in. We inime- diatcly difpatched Mr. Sarjant junior, whom we met under the piazza, to you, fir, with our compliments, defiring you to fend the keys of the the- atre, informing you that we were then waiting with two friends, and wilh- ed to take a walk in the theatre. He very foon returned with anfwer this (delivered in the hearing oftheabove mentioned two gentlemen)"7'i&tf/j') would not fend the keys : that you had ordered all, ingrefs to the theatre to he denied j, except through Mr. Powell* s houfe, and even that way, we, and we on\y muft enfer.*' With thisvery extraordinary rebuff we returned to our refpeftative homes. The time between this event and Friday morning, we paflfed in reflection upon your unaccountable treatment of us j and in r 4.7 I itt" confulting and advifing with feveral gentlemen of great eminence irt' all departments of the law ; who all concurred in affuring us that no damage could arife to us from entering our own premifes, and turning our own fervants out, who refuled us admittance. Accordingly, on 17th June, after fix o'clock, Mr. Harris; attended by two witnefies, again demanded admittance for himfelf and Mr. Rutherford, at Mr. Sarjant*s door ; he anfwered from within; in the hearing of the witnefTes, that by Mr. Colman*s order they would not admit us. Harris then came to the door in Hart-ftrect, where Mr. Rutherford was waiting for him, attended by fome fervants, and told him the refult of his demand at Mr. Sarjant*s door; whereupon Harris and Rutherford ordered their fervants to open a window on the north fide of the faid-door, where they entered with their fervants. One of your fervants, who keptpof- feflion of the theatre for you, having ftruck one of ours, it was with the greateft difficulty we could prevent ours from doing mifchief to their opponents, we were therefore obliged to turn them all out of the theatre. Being thus in pofTeffion, we began immediately to take afurvey of the place; and never were men fo much aftoniihed as we were, to find ourfelves in fo compleat a fortification. Emery, the mafter-carpen- ter to the theatre coming at that inftant, we ordered him to be let in j' and taking him about the theatre with us, we obferved to him how ad^- *oantageoujly he and his men had been employed for the laR week or two in cutting our boards and timber to pieces in order to bar and fortify every avenue and window in the houfe, even thofe which were thirty or forty feet from the ground. The fellow, with a good deal of awkward embarraffment, fcratching his head, replied, '-^ JVhy, gentlemen, 1 told ** Mr. Colman, all I could do would fignify nothing againjl ajledge-bammer.'* I'thought, fays he, it was a ftrange undertaking. We then afked him if he too was engaged by Mr. Colman, he faid he was. On our telling him, that it was unaccountable to us how houfe-keeper, wardrobe-keeper, and carpenters, fhould think of entering into articles ; he confefled he never heard of any fuch thing before in his life, but that Mr. Colman, t 48 J had taken him one day entirely unguarded, and in a manner compeled him immediately to fign an article. The more we examined the theatre, the more we were aftonilhed at your exceffive precaution to pre- vent our getting into it. On the fame day we lent you a letter from the theatre, importing " that we did not mean to retaliate your behaviour \ on the contrary^ we bad given orders to our fervantSj at all times to admit your and Mr. Powell.** Refleding now very confidcrately on our fuuation, and on your part: condud ; ^hat you bad from the beginning laid a plan of driving us out af the theatre \ that in the execution of that plan, you had perfevered through the whole feafony paying no more regard to us than if we were entirely uncon- cerned in the property ; that you had very ejfcntially hurt the whole pro* perty, and the profits of the pafi feafon in particular ; that, in fine, you had engaged to a5i under your direSiion folely, every perfon belonging t9 thi theatre, upon pain of large penalties ; and had at laji abfolutely forbid our entrance into our own houfe^ For thefe reafons we determined to remove from the theatre, to one of our dwelling-houfes, fuch part of the pro- perty as might the moft efFedually prevent your proceedings, until a plan fhould be formed, which would as efFedually con^rm to us thofc legal and equitable rights in the theatre, of which you had fo unwar- rantably divefted us. With this view only we fent down to my houfc in Surry -Street, fo much of the wardrobe as we imagined would make the remaining part ufelefs, together with the mufic, prompt-books, &c. &c. belonging tq the theatre ; of all which we have an exad inventory, and they will be immediately and fafely returned to the theatre, whenever a fair equitable plan for the future government of it Ihall be fixed upon. It has been urged by fome, that it would have been much better for us at once to have applied to the court of Chancery for redrefs, and that there we muft have found a certain relief, and reparation for all paft [ 49 ] pad damages, this too, fir, has been always your language." *^ If I injure you, why dorCt you apply to the court of Chancery for redrefs?** There is no doubr, fir, the court of chancery would redrefs us. But delays are dangerous. Of this the hiliory of the aSiing manager, re- corded by Gibber, is a memento. A long Chancery fuit would be but a very poor remedy for the injuries you are daily doing us. About a month fmce we were again amufed by you with the hopes of a fair reference. By our refpedive counfel a meeting was ap- pointed for all parties in Weftminfter-Hall. We there met, in order, if pofTible, to fix on a mode of arbitrating all differences, both parties brought preliminary articles to be agreed to, before the general con- cerns Ihould be referred. On our part were produced thefc two. I ft. That the contracts which you might have made without our know- ledge and confent, for the enfuing feafon, fhould be refcinded, unlefs agreed to by us. 2d. That no fervants who were employed in fliutting us out of our own houfe fhould be employed in future. Surely thefe can never be deemed unreafonable by any perfon, when at the fame time he is afTured, that we never wilh, nor ever did wifti to engage any performer, fervant, &c, &c. who fhould be objeded to by- Mr. Colman and Mr. Powell. You, fir, on your part, infifted on the following eight preliminaries. ift. Colman and Powell fhould not be obliged to fell. Meaning, we conceive, that if the referrees fhould think it neceffary to oblige cither of the parties to fell, it muft be Harris and Rutherford. H d.2 AU [ so 3 2d. All contrads to be made by Mr. Colman to be confirmed. Can this be a reafonable preliminary,' to be obliged to confirni all contracts made by you, without having the lead knowledge how many, with whom, or upon what condition they were entered into ? For we are at this time entire and abfolute ftrangers to all your late pro- ceedings, except what we gather from uncertain report, and fome f(?w of the parties who have engaged with you. 3d. No legal proceedings to be (lopped. The meaning of this preliminary we did not enter into, as no legal proceedings were begun, nor had we any gucfs at your litigious inten- tion of making Garton put us in the crown-offiee , or of your inquifi- tion, &c, &c. 4th. Poweirs article to be cancelled, and another made, allowing him more explicitly the larged falary in the houfe. That you fhould think it proper to give Mr. Powell this douceur, we were not at all furprifed; but it did not occurr to us why we fhould give any further indulgence to a man, who, after having attached himfclf to you, had feparated himfelf from you, difapproved of your condufb,. and then without the leaft reafon implicitly and blindly fuffered himfelf yourfelf to be duped by you again. 5th. The books to be reftored to Garton. The books were never intended to be kept from Mr. Garton, fo as to prevent his making up his accounts. \ye me^n, whenever he is difpofed to take hisdifcharge. 6th. The wardrobe to be reftored, and all damages to be made goo^j^ Harris and Rutherford. - ,^ 4 To [ 5- ] To'that welhould have no objedion, provided we are not obliged to make good the damages Mr. Powell has done. ^ ^bfif-fi ff ', 7th. Colman ftill to be ihta^ing manager. If any alteration in the c6n- trouling power, it muft be lodged in the other three proprietors. Here the cloven foot indeed appears plainlf^j'i'fefttfeartlefe 'muft not be meddled with, or it muft be altered in your favour! ij <njD35>?oiq kgt;l o/l 8th, That all bills and all claims upon the theatre, fhould be difcharged. Whoever will attentively confider the above preliminaries muft ob- ferve, that there is not a fingle point on which an arbitration could turn, which is not moft artfully and fubtilly provided for by Mr. Colman, that is to fay, on every point they muft determine abfolutely for Mr. Colman, or otherwife fome one of the preliminary articles will prevent their confidering it at all. And thefe, Mr. Colman, you called fair, candid, and honeft propofals, and have thrown the groiTeft abufe <:^.'jy^,f9jr,.not confenting to what you call a fair refer-ence. jMr. Harris and another gentleman calling in at the tlieatre one after- ternoon, found therein Mr. Powell and yourfelf, with each a candle in your hands ; lighting and (hewing the theatre to two of your counfel, your attorney, and another gentleman. Mr. Harris was at a lofs to know whether they came as wifneJJ'es, or for what other purpofes. The fervants of the theatre, however were ordered to Ihew you, and your friends, allpofllble refpedt. Befides this fafl, we de- fy you to prove at any one time, that either yourfelf or Mr. Powell, or any one that came by your order, was refufed entrance into the theatre: indeed it is notorious, that Mr. Powell, the week he was in town, fre- quently amufed himfelf by running in and out of the theatre, abufing our fervants, fwearing they were in a wrong caufe, laying his hand on his fword, and even threatening their lives. H 2 After [ 5 ] After thefe exploits, the valiant Powell returned quietly again to Briftol : but you, fir, Hill wretched and reftlefs, ran about the town to counffl and to magiftraces ; at fomctimes raving and florming, at others affcfling to be perfeftly eafy, and declaring to two perfons in particular, that for your part you had given every thing up j that you did not fuppofe the theatre would open next year; but that you did not fear that you, by your annuities, could fupport the lofs much better than any of us; fo that by your perfeverance, you muft carry your point, and we be ruined. While your mind was in 'thh agitated ftate, feveral magiftraces of the firfl: eminence for knowledge and integri- ty refufing to be concerned in the affair, you moft fortunately found out one Wright, Efq-, of Great Pulteney-Street,juftice of the peace for Weftminfter ; him you prevailed on, by what means you know befl, to proceed by an inquifition. Whenwithout giving us the leaft notice of his intentions, he iffued his precept to the flieriff of the county, to reinftare Mr. Charles Sarjant, in the poflefTion of the theatre, and to turn the Iwo men, (for we had no more) which we had placed in the theatre, ota of it. No fooner had Wright, Efq; of Great Pulteney-Street, put Mr. Sarjant in poflefllon, but you immediately triumph'd -, and by paragraph after paragraph attempted to impofe upon the public, that we were turned out of an illegal poflefTion, ^njjjnobd i>^i% art? \nsp ' /You^'Mr. Colman, was bred to the law, and knew better; if you dd^ not, alk your new friend Mr. Wright. He by this time, I dare fay knows law enough to te41 you, that where four people are tenants in common, if one of tiiem is in poflefllon, the four arc legally in poflfeflion, and that exclufive pofl*effion in fuch a cafe is nonfenfe ; that therefore our going ioto ouf p\yn premifes on the 17th June lafl:, could not be called a for cihle entry \ and that finding a fervant who had barred our own doors again ft us, and oppofed our entrance, there could be nothing illegal in tyrnipg him out of doors, .or even gently putting him out of the window. As to your charge of our depriving your friends of their bread j is it juft, that we fliould be compelled to feed the mouths that arc t 53 ] are ever open in the moft indecent abufe of us ? If Mr. Benfley will fuffer himfelf to be wrought upon by you, to go into coffee- houfes, and there harrangue the company with vociferating abufe of us, and this perpetually without ever having received the leajl injury from us j muft we retain fuch a performer ? and muft his falary be therefore in- creafed, though one upon whofe fervices in the^thcattCp i|^ p^le^uKs pjf the public do not effentially depend. '^ uoy'yd^.uo^ JsHj iB^i . , If Mr. Garton pays away our money without our confent, and after- wards commences an expenfive profecution againft us, without having the leaft injury done to him on our parts, muft we l?e compelled ftill to retain him, to difpofe of our money as he thinks proper ? If Mr. Sar- jant thinks proper to bar our own doors againft us, muft wc be com- pelled to retain him as our houfe-keeper ? Kiiupni ni, ^ If Mr. Whitfield will not attend when ordered by us, but oblige us to break open the door to get into our wardrobe -, if he will lend a part of it without our confent, and afterwards make fuch affidavit as you fhall diftate -, is it (think you) proper we fhould truft fo valuable a part of our property in the hands oi fuch a man ? Thefe are your friends, and thefe are the people whom we are depriving of their bread. No, Mr. Colman, the officers belonging to the theatre ought to be equally refponfible to all the proprietors. We defire to appoint none who fhall be objeded to by you, at the fame time we are determined to fuffer none to remain in the theatre to whom we think wc have fuch ample reafon to objecTc. ^m.rf>l .-, We have now attended you fir, from our firft interview to the date of this letter, in which we have fhewn the rife and progrefs of our feve- ral aflions refpefling our partnerfhip in Covent-Garden theatre, we hope we have fairly and fully explained the nature of our compaft, and pointed out the defigns of each contradling party, fo as to fet them fully and fairly forth to your, andthe public view. We [ 54 ] We have fuffcred your ufurpaiion throughout the whole fcfafon, to our great and manifeft lofs and detriment. You have one argument, and only one, which is for ever in your mouth, and on whieh upon all ocda- fions you reft your defence. If you think there is either wit or decency, good breeding, huma- nity, or argument in the imputations you have thrown upon me on the fcore of Mrs. LefTingham, be it fo : not to deprive you of your onlydefencc, on that confideration, and on that ale}!e\, I (hall fubmit to it. Yet refledl ! think a moment on your own fituation! how daring muft it appear \n you of all men living, to publilh fuch afpcrfions ? But you knew you were fafe. You knew I fhould fcorn to retort, and that I fhould never meafure weapons with you on the ground of fcurrility. And yet, the world, Mr. Colman, on whom you have fo impertinently, and io perpetually obtruded thefe imputations, will fhew you no favour. You who have thus vainly endeavoured to divert the public eye from taking a fteady view of your condud and your motives for it, and have employed the name of a woman, like the fhield of AjaK, to fcrcen you^ on every occafion, muft by every man of fenfe and fpirk be abtaodoocdl logeneralderif.cn. 5 /ii/^^'utFLK?, ::l But what has contributed moft to raife your felf-importance in the eyes of others, is your conftant declaration that every ftep you take is by the advice of your old friend and learned counfel Mr. Dunning. This refpedlable name, is by your example, echoed through every chan- nel of the theatre: while box-keepers, wardrobe-men and carpenters, imitating the familiarity of their principal, bandy about one of the beft opinions in the kingdom, as their warrant upon all occafions. To this gentlemen's great abilities, and to his ufe of them as an advocate, we pay the higheft refped, therefore you will pardon us if we thus publicly declare;) we believe you have made a falfe and an un becoming ufe of his name on the prefent occafion : for we think it impofTible that the know- ledge" I 55 'i jledge and integrity of a Dunning, could advife you to the treachery you p raft iled in betraying your friend Powell to refign his fame and fortune into your hands. Impoflible he could interpret the fecond claufe of our article, fo as to give you an independantand uncontroul- able power over our property, or that the fourth claufe does not give us an abfolute power to fuperfede by our written difapprobation, what- ever meafure we may judge to be contrary to the common intereft of our partnerfhip. Impoffible he fhould fay yod'had a power to incur what expqnces you pleafe refpe<5ling the theatre, without our knowledge or confent. Impoffible he fhould abett you in making a fadlious ufe of the adors and fervants of the theatre, by clandeftinely feducing them into bonds and penalties in our names, for many thoufands of pounds ; obliging them to obey none but yourfelf, and with- out our confent or knowledge, making all fuch engagements as might conduce to your defigns, in open defiance of public notices ferved upon you and tbem to the contrary. Impoffible he fliould advice you to take an exclufive poffefTion of our theatre, and to bar, bolt and barricade us out of it, and by warrant under your own hand given to our common fervant, entitle him to tell us that we fhould not enter into the theatre. Impoffible Mr. Dunning could diffuade you from putting that queftion to arbitration, concerning the proper form of engaging performers. Impoffible he could recorr^mend Wright, Efq-, of Great Pukeney- Street, to fummon an inquefl upon a fuppofed forcible entry or detainer of our own property, and to difpaf!cfs our fervants placed by ourfelves in our own premiies, without giving us the leaft notice of his proceed- ings. None of rhefe a6ls we fay, fir, were advifed by Mr. Dun- ning, nor by any other able advocate whatfoever : it is impoffible. They are meafures of defperation, and were prefcribed by one who means to carry his point at the expence of principles, infinitely more valuable than the flake for which we are contending. We have already informed you, that while your defigns upon our property are lb dangerous and lb notorious, we cannot iruft ourfelves [ 56 ] again to treat with you in private , but in conformity to our profcffion in the prefixed addrefs, sve fhall now proceed to lay before you, and the publick, the following propofals, (for which I have proper autho- rity from- Mr. Rutherford) and to which we expeft your public anfv^er. We truit they are plain and intelligible, and we ferioufly mean they ihould be fair and equitable. I. Will you fubmit all pad tranfadions to arbitration ? II. Will you confent that proper fecurity be given by each party for a fpecific performance of the prefent articles } III. Or, as the prefent article refpefling the management was en- tered into upon no valuable confideration on our part, and therefore was legally revocable, fhould we find it neceflary, will you revert to our original inftrument of the 31ft of March ; by which all parties were to be equally concerned in the profits and management of the theatre. IV. Laftly, Will you in cafe you have any objedion to private arbitration, join with us in inftituting an amicable fuit in Chan- cery, and take the fenfe of that court on our prefent articles and paft tranfaftions. If thefe [propofals Ihould be found fuch as it becomes men of honeft principles to ofi^er we hope you will give the world a proof that you have fome title to that charadter, by accepting them, or pub- Jickly propofirig others equally equitable, T. H A R R I 9. FINIS, UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. m APR 4 I860 ^StL FOUR WEEKS FROM lON-RNCWAIIi ftBTDOMIRi sfPI 6 1985 Form L9-50m-7,'64 (8900)444 fMv^m^ i o<r xlUNAN^ ^\ I TSh l\i 3 1158 00210 1094 s^lUV UC SOUTHERN REGIONAL LIBRARY FACILITY A A 000031 969 9 ^riiiMv i.iiW^ .AlLIBRARY/;/ .Ny <^ ze> %^ s> vu LAliru/ ^^//j^- ^ ^mxsiAitj^. \^-l.lBHA!r