It was indecorously hurried through the Commons and tossed to the Lords, at the close of the session of 1737. There it met the sturdy opposition of Chesterfield. He looked upon the bill as an attempt, through restraining the licence of the stage, to destroy the liberty of the press; for what was seditious to act, it would be seditious to print. And, if the printing of a play could be stopped, there would soon be a gag on pamphlets and other works.

The very act of Giffard showed that the players were anxious not to come in collision with government; and the existing laws could be applied against them if they offended. But those laws were not applied, or Mr. Fielding would have been punished for his "Pasquin," wherein the three great professions—religion, physic, and law—were represented as inconsistent with common sense. Chesterfield thought that the same law might have been put in force against Havard, for his "King Charles I."

If ministers dreaded satire or censure all they had to do was so to act as not to deserve it. If they deserved it, it would be as easy to turn passages of old plays against them, as to make them, in new. When the Roman actor, Diphilus, altered the words "Nostrâ miseriâ tu es magnus!"—a phrase from an old play—the eyes of the audience were turned on Pompeius Magnus, who was present; and the speaker was made to repeat the phrase a hundred times. Augustus, indeed, subsequently restored "order" in Rome; but God forbid that order should be restored here, at such a price as was paid for it in Rome!

False accusations, too, could be lightly made. Molière complained that "Tartuffe" was prohibited on the ground of its ridiculing religion, which was done nightly on the Italian stage; whereas he only satirised hypocrites. "It is true, Molière," said the Prince de Conti, "Harlequin ridicules heaven and exposes religion; but you have done much worse,—you have ridiculed the first minister of religion."

Against the power of prohibition being lodged in one single man, Chesterfield protested, but in vain. One consequence, he said, would be, that all vices prevalent at court would come to be represented as virtues. He told the Lords that they had no right to put an excise upon wit; and said, finely, "Wit, my Lords, is the property of those who have it,—and too often the only property they have to depend on. It is, indeed, but a precarious dependence. Thank God!" he said, "we, my Lords, have a dependence of another kind!"

Such is the substance of his famous but unavailing remonstrance. The bill, not to protect morality, but to spare the susceptibilities of statesmen and place-men, passed; and the result was a "job." In the ensuing spring, Chetwynd was appointed, under the Chamberlain, licenser of plays, with a salary of £400 per annum; and to help him in doing little, Odell was named a deputy-licenser, with £200 yearly;—and therewith the job was consummated; and the deputy-licenser began to break the law he was appointed to see strictly observed. When the Act was passed, his most sacred majesty, who commanded unsavoury pieces occasionally to be played before him, prorogued the parliament, after lamenting the spirit of insubordination and licentiousness which pervaded the community!

The government made use of its authority, by prohibiting plays, and the public took their revenge, by hissing those that were licensed. Among the prohibited, were Brooke's "Gustavus Vasa;" Thomson's "Edward and Eleanora;" and Fielding's "Miss Lucy in Town;"[30]—the first, as dangerous to public order; the second, as too freely alluding to royal family dissensions; the third (after it had been licensed) as satirising "some man of quality!" To these must be added "Arminius," by Paterson, Thomson's deputy in his post of Surveyor of the Leeward Islands. The deputy had copied out his principal's "Edward and Eleanora;" and as "Arminius" was in the same hand, it was forbidden, as being, probably, an equally objectionable piece by the same author! The prohibition applied to it was profitable; for he published his play by subscription, and gained £1000 by it,—not for the reason that it was a good, but because it was a forbidden drama.[31]

Audiences amused themselves by hissing the permitted plays, sometimes with the additional luxury of personal feeling against the author,—as in the case of the Rev. Mr. Miller's "Coffee House," "Art and Nature," and "Hospital for Fools." Thomson was fortunate in saving his "Agamemnon" from the censors, for it is not unworthy of ranking with the "Iphigenia" of Racine; and its merit saved it. Mallet was still more lucky with his "Mustapha;" and the audience were too pleased to hiss a piece, the licensers of which were too dull to perceive that Sultan Solyman and his vizier, Rustan, were but stage portraits of George II. and Sir Robert Walpole. They had no such tenderness for the "Parricide" of William Shirley,—a gentleman who understood the laws of trade better than those of the drama. A French company, at the Haymarket, were of course hissed out of the country. There was no ill-will against them, personally. It was sufficient that the Licensing Act authorised them to play, and the public would not tolerate them, accordingly! If they bore with Lillo's "Marina," it was, perhaps, because it was a re-cast of "Pericles;" and if they applauded his licensed "Elmeric," the reason may have been, that the old dissenting jeweller, who set so brave an example in writing "moral" pieces, was then dead; and the "author's nights" might be of advantage to his impoverished family.

But there were licensed dramas at which the public laughed too heartily, to have cared to hiss, or which so entranced them that they never thought of it. Thus, Dodsley's merry pieces, "Sir John Cockle," and the "Blind Beggar;" Carey and Lampe's hilarious burlesque-opera, the "Dragon of Wantley," and its sequel, "Margery;" with "Orpheus and Eurydice," one of Rich's burlesques and pantomimes—the comic operatic scenes not preceding, but alternating with those of the harlequinade—in which, by the way, the name of Grimaldi occurs as pantaloon,—rode riotously triumphant through the seasons, which were otherwise especially remarkable, by numerous revivals of Shakspeare's plays, according to the original text; and not less so by that of Milton's "Comus," in which graceful Mrs. Cibber played and sang the Lady, and sunny Kitty Clive gladdened every heart, as Euphrosyne.

As far as new pieces are concerned, thus stood the stage till Garrick came. In further continuing to clear it for his coming, I have to record the death of Bowman, the best dressed old man at eighty-eight, and the cheeriest that could be seen. My readers, I hope, remember him, in the chapter on Betterton. Miller is also gone,—a favourite actor, in his day, whose merit in Irish characters is set down in his not having a brogue, which, at that period, was unintelligible to English ears. Miller played a wide range of characters; and he married for the very singular reason that, being unable to read the manuscript copy he had to get by heart, his wife might read it to, and beat it into, him. Bullock, too, the original Boniface and Gibby; and Harper, the original Jobson; and Ben. Griffin, quaint in Simon Pure, comic and terrific in Lovegold; with Milward, the original Lusignan; and Ben Jonson, always correct and natural,—have now departed. With them has gone Mrs. Hallam, an actress of repute,—the original Duchess of Malfy, in the revival of Webster's tragedy of horrors. By her death, the boards of old Drury were relieved from a load of fourteen stone weight!—almost as great as that of Mademoiselle Georges.