To enumerate all the particular Acts of Power in which the Patentees daily bore hard upon this now only Company of Actors, might be as tedious as unnecessary; I shall therefore come at once to their most material Grievance, upon which they grounded their Complaint to the Lord Chamberlain, who, in the Year following, 1709, took effectual Measures for their Relief.

The Patentees observing that the Benefit-Plays of the Actors towards the latter End of the Season brought the most crowded Audiences in the Year, began to think their own Interests too much neglected by these partial Favours of the Town to their Actors; and therefore judg'd it would not be impolitick in such wholesome annual Profits to have a Fellow-feeling with them. Accordingly an Indulto[50] was laid of one Third out of the Profits of every Benefit for the proper Use and Behoof of the Patent.[51] But that a clear Judgment may be form'd of the Equity or Hardship of this Imposition, it will be necessary to shew from whence and from what Causes the Actors Claim to Benefits originally proceeded.

During the Reign of King Charles an Actor's Benefit had never been heard of. The first Indulgence of this kind was given to Mrs. Barry (as has been formerly observed[52]) in King James's Time, in Consideration of the extraordinary Applause that had followed her Performance: But there this Favour rested to her alone, 'till after the Division of the only Company in 1695, at which time the Patentees were soon reduced to pay their Actors half in good Words and half in ready Money. In this precarious Condition some particular Actors (however binding their Agreements might be) were too poor or too wise to go to Law with a Lawyer, and therefore rather chose to compound their Arrears for their being admitted to the Chance of having them made up by the Profits of a Benefit-Play. This Expedient had this Consequence; that the Patentees, tho' their daily Audiences might, and did sometimes mend, still kept the short Subsistance of their Actors at a stand, and grew more steady in their Resolution so to keep them, as they found them less apt to mutiny while their Hopes of being clear'd off by a Benefit were depending. In a Year or two these Benefits grew so advantageous that they became at last the chief Article in every Actor's Agreement.

Now though the Agreements of these united Actors I am speaking of in 1708 were as yet only Verbal, yet that made no difference in the honest Obligation to keep them: But as Honour at that time happen'd to have but a loose hold of their Consciences, the Patentees rather chose to give it the slip, and went on with their Work without it. No Actor, therefore, could have his Benefit fix'd 'till he had first sign'd a Paper signifying his voluntary Acceptance of it upon the above Conditions, any Claims from Custom to the contrary notwithstanding. Several at first refus'd to sign this Paper; upon which the next in Rank were offer'd on the same Conditions to come before the Refusers; this smart Expedient got some few of the Fearful the Preference to their Seniors; who, at last, seeing the Time was too short for a present Remedy, and that they must either come into the Boat or lose their Tide, were forc'd to comply with what they as yet silently resented as the severest Injury. In this Situation, therefore, they chose to let the principal Benefits be over, that their Grievances might swell into some bulk before they made any Application for Redress to the Lord-Chamberlain; who, upon hearing their general Complaint, order'd the Patentees to shew cause why their Benefits had been diminish'd one Third, contrary to the common Usage? The Patentees pleaded the sign'd Agreement, and the Actors Receipts of the other two Thirds, in Full Satisfaction. But these were prov'd to have been exacted from them by the Methods already mentioned. They notwithstanding insist upon them as lawful. But as Law and Equity do not always agree, they were look'd upon as unjust and arbitrary. Whereupon the Patentees were warn'd at their Peril to refuse the Actors full Satisfaction.[53] But here it was thought necessary that Judgment should be for some time respited, 'till the Actors, who had leave so to do, could form a Body strong enough to make the Inclination of the Lord-Chamberlain to relieve them practicable.

Accordingly Swiney (who was then sole Director of the Opera only) had Permission to enter into a private Treaty with such of the united Actors in Drury-Lane as might be thought fit to head a Company under their own Menagement, and to be Sharers with him in the Hay-Market. The Actors chosen for this Charge were Wilks, Dogget, Mrs. Oldfield, and Myself. But before I proceed, lest it should seem surprizing that neither Betterton, Mrs. Barry, Mrs. Bracegirdle, or Booth were Parties in this Treaty, it must be observ'd that Betterton was now Seventy-three, and rather chose, with the Infirmities of Age upon him, to rely on such Sallary as might be appointed him, than to involve himself in the Cares and Hurry that must unavoidably attend the Regulation of a new Company. As to the two celebrated Actresses I have named, this has been my first proper Occasion of making it known that they had both quitted the Stage the Year before this Transaction was thought of.[54] And Booth as yet was scarce out of his Minority as an Actor, or only in the Promise of that Reputation which, in about four or five Years after, he happily arriv'd at. However, at this Juncture he was not so far overlook'd as not to be offer'd a valuable Addition to his Sallary: But this he declin'd, being, while the Patentees were under this Distress, as much, if not more, in favour with their chief Menager as a Schematist than as an Actor: And indeed he appear'd, to my Judgment, more inclin'd to risque his Fortune in Drury-Lane, where he should have no Rival in Parts or Power, than on any Terms to embark in the Hay-Market, where he was sure to meet with Opponents in both.[55] However, this his Separation from our Interest when our All was at stake, afterwards kept his Advancement to a Share with us in our more successful Days longer postpon'd than otherwise it probably might have been.

When Mrs. Oldfield was nominated as a joint Sharer in our new Agreement to be made with Swiney, Dogget, who had no Objection to her Merit, insisted that our Affairs could never be upon a secure Foundation if there was more than one Sex admitted to the Menagement of them. He therefore hop'd that if we offer'd Mrs. Oldfield a Carte Blanche instead of a Share, she would not think herself slighted. This was instantly agreed to, and Mrs. Oldfield receiv'd it rather as a Favour than a Disobligation: Her Demands therefore were Two Hundred Pounds a Year certain, and a Benefit clear of all Charges, which were readily sign'd to. Her Easiness on this Occasion, some Years after, when our Establishment was in Prosperity, made us with less Reluctancy advance her Two Hundred Pounds to Three Hundred Guineas per Annum, with her usual Benefit, which, upon an Average, for several Years at least doubled that Sum.