"Reflecting now very considerately on our situation, and on your past conduct; 'That you had from the beginning laid a plan of driving us out of the Theatre; that, in the execution of that plan, you had persevered through the whole season, paying no more regard to us than if we were entirely unconcerned in the property; that you had very essentially hurt the whole property, and the profits of the past season in particular; that, in fine, you had engaged to act under your direction solely every person belonging to the Theatre, upon pain of large penalties; and had at last absolutely forbid our entrance into our own house:' For these reasons we determined to remove from the Theatre, to one of our dwelling-houses, such part of the property as might the most effectually prevent your proceedings, until a plan should be formed, which would as effectually confirm to us those legal and equitable rights in the Theatre, of which you had so unwarrantably divested us.
"With this view only, we sent down to my house in Surrey-street, so much of the wardrobe as we imagined would make the remaining part useless, together with the musick, prompt-books, &c. &c. belonging to the Theatre; of all which we have an exact inventory, and they will be
immediately and safely returned to the Theatre, whenever a fair and equitable plan for the future government of it shall be fixed upon. It has been urged by some, that it would have been much better for us at once to have applied to the Court of Chancery for redress, and that there we must have found a certain relief, and reparation for all past damages: this too, Sir, has been always your language—'If I injure you, why don't you apply to the Court of Chancery for redress?'
"There is no doubt, Sir, the Court of Chancery would redress us. But delays are dangerous. Of this the history of the acting Manager, recorded by Cibber, is a memento . A long Chancery suit would be but a very poor remedy for the injuries you are daily doing us.
"About a month since we were again amused by you with the hopes of a fair reference.—By our respective counsel a meeting was appointed for all parties in Westminster-hall. We there met, in order, if possible, to fix on a mode of arbitrating all differences; both parties brought preliminary articles to be agreed to, before the general concerns should be referred. On our part were produced these two:
"1st. That the contracts which you might have made without our knowledge and consent, for the ensuing season, should be rescinded, unless agreed to by us.
"2d. That no servants who were employed in shutting us out of our own house, should be employed in future.
"Surely these can never be deemed unreasonable by any person, when at the same time he is assured that we never wish, nor ever did wish, to engage any performer, servant, &c. &c. who should be objected to by Mr. Colman and Mr. Powell.
"You, Sir, on your part, insisted on the following eight preliminaries.
"1st. Colman and Powell should not be obliged to sell.