"alarmed at the deficiency of their own receipts," and invoked the aid of the Lord Chamberlain. The Goodman's Fields Theatre was closed, and Garrick was spirited away to Drury Lane, with a salary of 600 guineas a-year, a larger sum than had ever before been awarded to any performer.
It will be seen that the Chamberlain had deemed it his mission to limit, as much as possible, the number of places of theatrical entertainment in London. Playgoers were bidden to be content with Drury Lane and Covent Garden; it was not conceivable to the noblemen and commoners occupying the Houses of Parliament, or to the place-holders in the Chamberlain's office, or in the royal household, that other theatres could possibly be required.
Still attempts were occasionally made to establish additional places of entertainment. In 1785, John Palmer, the actor famous as the original Joseph Surface, laid the first stone of a new theatre, to be called the East London, or Royalty, in the neighbourhood of the old Goodman's Fields Theatre, which had been many years abandoned of the actors and converted into a goods warehouse. The building was completed in 1787. The opening representation was announced; when the proprietors of the patent theatres gave warning that any infringement of their privileges would be followed by the prosecution of Mr. Palmer and his company. The performances took place, nevertheless, but they were stated to be for the benefit of the London Hospital, and not, therefore, for "hire, gain, or reward;" so the actors avoided risk of commitment as rogues and vagabonds. But necessarily the enterprise ended in disaster. Palmer, his friends alleged, lost his whole fortune; it was shrewdly suspected, however, that he had, in truth, no fortune to lose. In any case he speedily retired from the new theatre. It was open for brief seasons with such exhibitions of music, dancing, and pantomime, as were held to be unaffected by the Act, and permissible under the license of the local magistrates. From time to time, however, the relentless patentees took proceedings against the actors. Delpini, the clown, was even committed to prison for exclaiming "Roast Beef!" in a Christmas pantomime. By uttering words without the accompaniment of music he had, it appeared, constituted himself an actor of a stage play.
Some five-and-twenty years later, Elliston was now memorialising the king, now petitioning the House of Commons and the Privy Council, in reference to the opening of an additional theatre. He had been in treaty for the Pantheon, in Oxford Street, and urged that "the intellectual community would be benefited by an extension of license for the regular drama." As lessee of the Royal Circus or Surrey Theatre, he besought liberty to exhibit and perform "all such entertainments of music and action as were commonly called pantomimes and ballets, together with operatic or musical pieces, accompanied with dialogue in the ordinary mode of dramatic representations," subject, at all times, to the control and restraint of the Lord Chamberlain, "in conformity to the laws by which theatres possessing those extensive privileges were regulated." But all was in vain. The king would not "notice any representation connected with the establishment of another theatre." The other petitions were without result.
Gradually, however, it became necessary for the authorities to recognise the fact that the public really did require more amusements of a theatrical kind than the privileged theatres could furnish. But the regular drama, it was held, must still be protected: performed only on the patent boards. So now "burletta licenses" were issued, under cover of which melodramas were presented, with entertainments of music and dancing, spectacle and pantomime. In 1809, the Lyceum or English Opera House, which for some years before had been licensed for music and dancing, was licensed for "musical dramatic entertainments and ballets of action." The Adelphi, then called the Sans Pareil Theatre, received a "burletta license" about the same time. In 1813 the Olympic was licensed for similar performances and for horsemanship; but it was for a while closed again by the Chamberlain's order, upon Elliston's attempt to call the theatre Little Drury Lane, and to represent upon its stage something more like the "regular drama" than had been previously essayed at a minor house. "Burletta licenses" were also granted for the St. James's in 1835, and for the Strand in 1836.
And, in despite of the authorities, theatres had been established on the Surrey side of the Thames; but, in truth, for the accommodation of the dwellers on the Middlesex shore.
Under the Licensing Act, while the Chamberlain was constituted licenser of all new plays throughout Great Britain, his power to grant licenses for theatrical entertainments was confined within the city and liberties of Westminster, and wherever the sovereign might reside. The Surrey, the Coburg (afterwards the Victoria), Astley's, &c., were, therefore, out of his jurisdiction. There seemed, indeed, to be no law in existence under which they could be licensed. They affected to be open under a magistrate's license for "music, dancing, and public entertainments." But this, in truth, afforded them no protection when it was thought worth while to prosecute the managers for presenting dramatic exhibitions. For although an Act, passed in the 28th year of George III., enabled justices of the peace, under certain restrictions, to grant licenses for dramatic entertainments, their powers did not extend to within twenty miles of London. Lambeth was thus neutral ground, over which neither the Lord Chamberlain nor the country justices had any real authority, with this difficulty about the case—performances that could not be licensed could not be legalised.
The law continued in this unsatisfactory state till the passing, in 1843, of the Act for Regulating Theatres. This deprived the patent theatres of their monopoly of the "regular drama," in that it extended the Lord Chamberlain's power to grant licenses for the performance of stage plays to all theatres within the parliamentary boundaries of the City of London and Westminster, and of the Boroughs of Finsbury and Marylebone, the Tower Hamlets, Lambeth, and Southwark, and also "within those places where Her Majesty, her heirs and successors, shall, in their royal persons, occasionally reside;" it being fully understood that all the theatres then existing in London would receive forthwith the Chamberlain's license "to give stage plays in the fullest sense of the word;" to be taken to include, according to the terms of the Act, "every tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomime, or other entertainment of the stage, or any part thereof."
Thus, at last, more than a century after the passing of the Licensing Act, certain of its more mischievous restrictions were in effect repealed. A measure of free trade in theatres was established. The Lord Chamberlain was still to be "the lawful
monarch of the stage," but in the future his rule was to be more constitutional, less absolute than it had been. The public were no longer to be confined to Drury Lane and Covent Garden in the winter, and the Haymarket in the summer. Actors were enabled, managers and public consenting, to personate Hamlet or Macbeth, or other heroes of the poetic stage, at Lambeth, Clerkenwell, or Shoreditch, anywhere indeed, without risk of committal to gaol. It was no longer necessary to call a play a "burletta," or to touch a note upon the piano, now and then, in the course of a performance, so as to justify its claim to be a musical entertainment; all subterfuges of this kind ceased.