Previous to 1774 there was no other temple dedicated to Thalia and Melpomene, than a barn. The first theatre was built by the late Mr. Samuel Paine, and let in 1774, to Mr. Roger Johnstone, formerly the property-man at Covent Garden Theatre, who, having continued it for three years only, it was then leased to the late Mr. Fox, of Covent Garden Theatre also, in 1777, for the term of fifteen years, at the annual rent of sixty guineas.

It was understood, however, between the lessor and the lessee, that the former, in addition, was to have the net receipts of the house on one night, to be called his benefit night, clear of all expenses, in every succeeding year; and that his family should be free of the theatre, or possess the right of witnessing the performances there, at all times, without being liable to any charge as the consequence of their visits.

The latter stipulation was correctly introduced into the covenants of the lease, but not so the former, net profits being there stipulated instead of net receipts; the issue of which was, that Mr. Paine was called on to defray the expenses of his first benefit night, contrary to what had previously been understood, and orally agreed upon, between him and Mr. Fox.

This circumstance had nearly given rise to an unpleasant litigation between the parties; in which Mr. Paine, in all probability, would have been the sufferer, for the want of a document to establish the propriety of his claim; but such a mortification and injury he preserved himself from, by having recourse to the following expedient:—

The right of gratuitous admission to the theatre, to himself and family, as above specified, was undisputed; and as no place in the house was stipulated as the only part they should be permitted to enter in their visits, he determined to avail himself of his privilege to the full extent of its bearing. He, therefore, collected his family together, and with them entered the theatre for a succession of nights, resolutely occupying the best seats in the boxes, to the exclusion of other and more profitable applicants.

The manager, thus opposed, and law and equity pronounced by the public as both in favour of Mr. Paine, consented to ratify his first agreement, and the system of warfare adopted to harass and punish him, ceased. Before the expiration of the fifteen years’ lease the house was found inadequate to the accommodation of the increased population of the town, and a new one was erected in Duke Street. The license for the theatre was yearly obtained from the magistrates at the Quarter Sessions at Lewes; and Mr. Fox, on finishing the house in Duke Street, applied for the removal of the license to that place. His application was granted, no opposition being offered to the measure by Mr. Paine.

The latter, however, discovered the error of his non-resistance before the next application for the license became requisite, when his opposition to it was a matter of course; but which proved ineffectual from the delay, and the license was granted to the same house, on which, without opposition, it had been bestowed the year before. The family of Paine were, therefore, pecuniary sufferers of several hundred pounds per annum by this event, and for which the only compensation ever received fell short of one hundred and twenty pounds, or guineas.

On the death of Mr. Fox, the Duke Street Theatre was purchased by H. Cobb, Esq., of Clement’s Inn, who built the present house in the New Road, 1807, and removed the license thereto, having first satisfied the ground-landlord in respect to the measure.

The building had a plain front of wood, drawn out to imitate blocks of stone, unpierced with windows, and was approached by a semi-circular carriage and foot-way from the street, as it was set back from the main road to nearly the present frontage of Mr. Patching’s house, on the site of which the Theatre then stood. The projecting entrance to the Boxes, in the centre of the front, was by a Grecian portico supported by four Tuscan pillars, from which branched brackets supporting two round shaped oil lamps. The buildings abutting east and west had also similar lamps. The Pit and Gallery entrances were on the east side, approached by an external passage, that had a door, over which was painted “Pit and Gal.” The stage door was a little to the west of the principal entrance, where the word “Boxes” was conspicuously painted. Five posts divided the footway on each side of the portico. A print of the Theatre was published in London, April 1st, 1804, by T. Woodfall, Villiers’ Street, Strand, and several figures therein exhibit the peculiar fashion of the day in dress. The license to this Theatre Royal was granted by a special Act of Parliament, which passed in the year 1788.

An anecdote connected with this Theatre, and noted in “Brighton Past and Present,” by Mrs. Merrifield, is worthy of quotation:—“It was during the time that Fox was manager that the celebrated Mrs. Jordan trod these boards as an actress. A friend of mine, who sometimes visited the green room, one day found her in great distress, threatened by a Sheriff’s Officer, on account of the debt of an extravagant brother. Mrs. Jordan solicited my friend to become surety for her. ‘When I went into the room,’ said my friend, ‘I thought her one of the plainest little women I had ever seen, but I had not been in her company half-an-hour before I thought her charming.’ It is almost unnecessary to say that he complied with her request, and relieved this fascinating actress from her embarassment; nor had he cause to repent of his goodnature, for Mrs. Jordan paid the debt as soon as she was able, and thus released him from his engagement.”