The Act of 1737 for licensing plays, playhouses, and players, and legalising the power the Lord Chamberlain had long been accustomed to exercise, although readily passed by both Houses of Parliament, gave great offence to the public. The Abbé Le Blanc, who was visiting England at this period, describes the new law as provoking a "universal murmur in the nation." It was openly complained of in the newspapers; at the coffee-houses it was denounced as unjust and "contrary to the liberties of the people of England." Fear prevailed that the freedom of the press would next be invaded. In the House of Lords Chesterfield had stigmatised the measure both as an encroachment on liberty and an attack on property. "Wit, my lords," he said, "is a sort of property. It is the property of those that have it, and too often the only property they have to depend on. It is, indeed; but a precarious dependence. Thank God, we, my lords, have a dependence of another kind. We have a much less precarious support, and, therefore, cannot feel the inconveniences of the bill now before us; but it is our duty to encourage and protect wit, whosoever's property it may be.... I must own I cannot easily agree to the laying of a tax upon wit; but by this bill it is to be heavily taxed—it is to be excised; for if this bill passes, it cannot be retailed in a proper way without a permit; and the Lord Chamberlain is to have the honour of being chief gauger, supervisor, commissioner, judge and jury." At this time, however, it is to be noted that parliamentary reporting was for
bidden by both Houses. The general public, therefore, knew little of Lord Chesterfield's eloquent defence of the liberty of the stage.
The Act was passed in June, when the patent theatres, according to custom, were closed for the summer. Some two months after their reopening in the autumn all dramatic representations were suspended for six weeks, in consequence of the death of Queen Caroline. In January was presented at Covent Garden "A Nest of Plays," as the author, one Hildebrand Jacob, described his production: a combination of three short plays, each consisting of one act only, entitled respectively, "The Prodigal Reformed," "Happy Constancy," and "The Trial of Conjugal Love." The performance met with a very unfavourable reception. The author attributed the ill success of his work to its being the first play licensed by the authority of the Lord Chamberlain under the new bill, many spectators having predetermined to silence, under any circumstances, "the first fruits of that Act of Parliament." And this seems, indeed, to have been the case. The Abbé Le Blanc, who was present on the occasion, writes: "The best play in the world would not have succeeded that night. There was a disposition to damn whatever might appear. The farce in question was damned, indeed, without the least compassion. Nor was that all, for the actors were driven off the stage, and happy was it for the author that he did not fall into the hands of this furious assembly." And the Abbé proceeds to explain that the originators of this disturbance were not "schoolboys, apprentices, clerks, or mechanics," but lawyers, "a body of gentlemen perhaps less honoured, but certainly more feared here than they are in France," who, "from living in colleges (Inns of Court), and from conversing always with one another, mutually preserve a spirit of independency through the body, and with great ease form cabals.... At Paris the cabals of the pit are only among young fellows, whose years may excuse their folly, or persons of the meanest education and stamp; here they are the fruit of deliberation in a very grave body of people, who are not less formidable to the minister in place than to the theatrical writers." But the Abbé relates that on a subsequent occasion, when another new play having been announced, he had looked for further disturbance, the judicious dramatist of the night
succeeded in calming the pit by administering in his prologue a double dose of incense to their vanity. "Half-an-hour before the play was to begin the spectators gave notice of their dispositions by frightful hisses and outcries, equal, perhaps, to what were ever heard at a Roman amphitheatre." The author, however, having in part tamed this wild audience by his flattery, secured ultimately its absolute favour by humouring its prejudices after the grossest fashion. He brought upon the stage a figure "with black eyebrows, a ribbon of an ell long under his chin, a bag-peruke immoderately powdered, and his nose all bedaubed with snuff. What Englishman could not know a Frenchman by this ridiculous figure?" The Frenchman was presently shown to be, for all the lace down every seam of his coat, nothing but a cook, and then followed severe satire and criticism upon the manners and customs of France. "The excellence and virtues of English beef were extolled, and the author maintained that it was owing to the qualities of its juice that the English were so courageous and had such a solidity of understanding, which raised them above all the nations in Europe; he preferred the noble old English pudding beyond all the finest ragouts that ever were invented by the greatest geniuses that France ever produced." These "ingenious strokes" were loudly applauded by the audience, it seems, who, in their delight at the abuse lavished upon the French, forgot that they came to condemn the play and to uphold the ancient liberties of the stage. From that time forward, the Abbé states, "the law was executed without the least trouble; all the plays since have been quietly heard, and either succeeded or not according to their merits."
When Garrick visited Paris he declined to be introduced to the Abbé Le Blanc, "on account of the irreverence with which he had treated Shakespeare." There can, indeed, be no doubt that the Abbé, although he wrote amusing letters, was a very prejudiced person, and his evidence and opinions touching the English stage must be received with caution. So far as can be ascertained, especially by study of the "History of the Stage" (compiled by that industrious clergyman, Mr. Genest, from the playbills in the British Museum), but few new plays were produced in the course of the season immediately following the passing of the Licensing Act; certainly no
new play can be found answering the description furnished by the Abbé with due regard to the period he has fixed for its production. Possibly he referred to the "Beaux' Stratagem," in which appear a French officer and an Irish-French priest, and which was certainly represented some few nights after the condemnation of Mr. Jacob's "Nest of Plays." Farquhar's comedy was then thirty years old, however. Nor has the Abbé done full justice to the public opposition offered to the Licensing Act. At the Haymarket Theatre a serious riot occurred in October, 1738, fifteen months after the passing of the measure. Closed against the English actors the theatre was opened by a French company, armed with a license from the Lord Chamberlain. A comedy, called "L'Embarras de Richesses," was announced for representation "by authority." The house was crowded immediately after the opening of the doors. But the audience soon gave evidence of their sentiments by singing in chorus "The Roast Beef of Old England." Then followed loud huzzas and general tumult. Deveil, one of the Justices of the Peace for Westminster, who was present, declared the proceedings to be riotous, and announced his intention to maintain the King's authority. He stated, further, that it was the King's command that the play should be acted, and that all offenders would be immediately secured by the guards in waiting. In opposition to the magistrate it was maintained "that the audience had a legal right to show their dislike to any play or actor; that the judicature of the pit had been acquiesced in, time immemorial; and as the present set of actors were to take their fate from the public, they were free to receive them as they pleased." When the curtain drew up the actors were discovered standing between two files of grenadiers, with their bayonets fixed and resting on their firelocks. This seeming endeavour to secure the success of French acting by the aid of British bayonets still more infuriated the audience. Even Justice Deveil thought it prudent to order the withdrawal of the military. The actors attempted to speak, but their voices were overborne by hisses, groans, and "not only catcalls, but all the various portable instruments that could make a disagreeable noise." A dance was next essayed; but even this had been provided against: showers of peas descended upon the stage, and "made capering very unsafe." The French and Spanish
Ambassadors, with their ladies, who had occupied the stage-box, now withdrew, only to be insulted outside the theatre by the mob, who had cut the traces of their carriages. The curtain at last fell, and the attempt to present French plays at the Haymarket was abandoned, "the public being justly indignant that whilst an arbitrary Act suppressed native talent, foreign adventurers should be patronised and encouraged." It must be said, however, that the French actors suffered for sins not their own, and that the wrath of the public did not really reach the Lord Chamberlain, or effect any change in the Licensing Act.
For twenty years the Haymarket remained without a license of any endurance. The theatre was occasionally opened, however, for brief seasons, by special permission of the Chamberlain, or in defiance of his authority, many ingenious subterfuges being resorted to, so that the penalties imposed by the Act might be evaded. One of the advertisements ran—"At Cibber's Academy, in the Haymarket, will be a concert, after which will be exhibited (gratis) a rehearsal, in form of a play, called Romeo and Juliet." Macklin, the actor, opened the theatre in 1744, and under the pretence of instructing "unfledged performers" in "the science of acting," gave a variety of dramatic representations. It was expressly announced that no money would be taken at the doors, "nor any person admitted but by printed tickets, which will be delivered by Mr. Macklin, at his house in Bow Street, Covent Garden." At one of these performances Samuel Foote made his first appearance upon the stage, sustaining the part of Othello. Presently, Foote ventured to give upon the stage of the Haymarket, a monologue entertainment, called "Diversions of a Morning." At the instance of Lacy, however, one of the patentees of Drury Lane Theatre, whom Foote had satirised, the performance was soon prohibited. But Foote was not easily discouraged; and, by dint of wit and impudence, for some time baffled the authorities. He invited his friends to attend the theatre, at noon, and "drink a dish of chocolate with him." He promised that he would "endeavour to make the morning as diverting as possible;" and notified that "Sir Dilbury Diddle would be there, and Lady Betty Frisk had absolutely promised." Tickets, without which no person would be admitted, were to be obtained at George's Coffee House, Temple Bar. Some simple visitors, no
doubt, expected that chocolate would be really served to them. But the majority were content with an announcement from the stage that, while chocolate was preparing, Mr. Foote would, with the permission of his friends, proceed with his instruction of certain pupils he was educating in the art of acting. Under this pretence a dramatic representation was really given, and repeated on some forty occasions. Then he grew bolder, and opened the theatre in the evening, at the request, as he stated, "of several persons who are desirous of spending an hour with Mr. Foote, but find the time inconvenient." Instead of chocolate in the morning, Mr. Foot's friends were therefore invited to drink "a dish of tea" with him at half-past six in the evening. By-and-by, his entertainment was slightly varied, and described as an Auction of Pictures. Eventually, Foote obtained from the Duke of Devonshire, the Lord Chamberlain, a permanent license for the theatre, and the Haymarket took rank as a regular and legal place of entertainment, to be open, however, only during the summer months. Upon Foote's decease, the theatre devolved upon George Colman, who obtained a continuance of the license.
The theatre in Goodman's Fields underwent experiences very similar to those of the Haymarket. Under the provisions of the Licensing Act its performances became liable to the charge of illegality. It was without a patent or a license. It was kept open professedly for concerts of vocal and instrumental music, divided into two parts. Between these parts dramatic performances were presented gratis. The obscurity of the theatre, combined with its remote position, probably protected it for some time from interference and suppression. But on the 19th October, 1741, at this unlicensed theatre, a gentleman, who, as the playbill of the night untruly stated, had never before appeared on any stage, undertook the part of Richard III. in Cibber's version of Shakespeare's tragedy. The gentleman's name was David Garrick. Had he failed the theatre might have lived on. But his success was fatal to it. The public went in crowds from all parts of the town to see the new actor. "From the polite ends of Westminster the most elegant company flocked to Goodman's Fields, insomuch that from Temple Bar the whole way was covered with a string of coaches." The patentees of Drury Lane and Covent Garden interfered,