PLAINTIFF'S BILL.[144]
3° die Julii 1707.
To the right honrble William Lord Cowper Baron of Wingham Lord high Chancellor of Great Brittaine
Humbly Complaining, Sheweth unto yr Lordship your Orator Richard Steele of Westmer Gent That your Orator haveing writt Severall Comedyes & Playes at the request of & for Christopher Rich Esqr for the use of the Theater or Playhouse in or near Bridges Street in Covent Garden in the County of Middx of which playhouse the said Christopher Rich was & is cheife Patentee or has an assignmt or some other Conveyance of the Patent thereof or otherwise hath the cheife Interest therein and the profitts ariseing from the acting of Playes there He the said Christopher Rich to induce your Orator to write further for him on or about the Month of December in the year of our Lord one Thousand seaven hundred & two advanced & payd to your Orator the Summe of Seaventy & two pounds upon this Agreement then or about that time made between them That your Orator should bring to him the said Christopher Rich & for his use the next Comedy your Orator Should be the Author of and out of the Profitts when the same should come to be acted that belonged to your Orator as the Author according to the Usage and Custome in such Cases he the said Christopher Rich was to deduct & pay himself for the said seaventy & two pounds and Interest thereof and in the meane time for the said Christopher Rich's security your Orator was prevailed with to give and accordingly did give his bond of one hundred forty and four pounds penalty condiconed for the payment of the said seaventy two pounds and alsoe a Warrant of Attorney to enter up Judgment on the said bond to him the said Christopher Rich And afterwards (viz.) sometime in or about the Month of Aprill in the Year of our Lord one thousand seaven hundred & four[145] your Orator being the Author of the Comedy called the Tender Husband he did bring to and deliver into the hands of the said Christopher Rich the said Comedy being the next Comedy your Orator was author of and it being then in an ill season of the Year and your Orator being therefore unwilling to have it then acted the said Christopher Rich promised to & agreed with your Orator that it should not be to your Orator's losse or Detriment but that your Orator should have assigned to him the profitts of Two Nights made by acting of the said Play the next following Winter in Lieu of his Two dayes Profitts according to the Usage & Custome in such case And the said Christopher Rich did cause the said Comedy or Play to be acted on the said Theatre in or about the Month of Aprill & year one thousand seaven hundred & four aforesaid And severall dayes in the Autumne or Winter following which proved very successefull and the said Christopher Rich made & received great profitt thereby And by the Agreement aforesaid and accordinge to Usage & Custome in the like Cases your Orator was to have the whole profitts of the first third day it was acted in Autumne or Winter aforesaid without any diduccon of Charges of Acting and alsoe of the second third day or Sixth day it was acted on as aforesaid diducting only the charges of Acting Which profitts of the said two dayes came to the hands of & was received by the said Christopher Rich and was more than sufficient to pay & satisfye the said Seaventy two pounds & Interest Whereupon your Orator expected as he had reason that the said Christopher Rich would have delivered up to your Orator the said bond & acknowledged satisfaccon on the Record of the Judgment which the said Christopher Rich had caused to be Entred upon Record against your Orator and would have payd your Orator what was over & above the said seaventy Two pounds & Interest thereof—But now soe it is May it please your Lordship That the said Christopher Rich minding to oppresse your Orator and extort great summes of Mony from him refuses to allowe your Orator the profitts of the said two dayes Acting in Autumne or Winter following according to his Agreement or any dayes profitts or any other profitt whatsoever in consideracon of the said Comedy or Play but threatens to Sue your Orator on the said Judgment & take your Orator in Execucon for the same and hath caused a Scire facias or some other Suite or accon to be commenced against your Orator on the said Judgment[146] In Tender Consideracon of all which premisses & for as much as your Orator can have noe releife therein save in a Court of Equity and for that your Orator's witnesses who could prove all & singular the premisses are either dead or in parts beyond the Seas or in other parts remote & to your Orator unknown To the end therefore that the said Christopher Rich may true & perfect answare make to all and singular the premisses as if here againe particularly interrogated and charged and in a more particular manner sett forth & discover what Playes your Orator hath brought & delivered to him & for his use And whether he did not advance & pay your Orator the said summe of seaventy two pounds upon such Agreement as aforesaid or upon what other Termes or Agreement and whether your Orator did not bring and deliver to him for his use the said Comedy or Play called the Tender Husband and when the same was soe given or delivered as aforesaid & whether he & your Orator did not come to such agreement for your Orator's share of the profitts of the said play as aforesaid and what other Agreement was made between him and your Orator about itt and how often the same play was acted in the summer of the said Year one thousand seaven hundred & four & how often in the autumne or Winter of that year and whether your Orator was not to have been allowed all or any and what profitts of any & what days and what & how much he the said Christopher Rich hath received of the said profitts and that the said Christopher Rich may come to an account with your Orator and that the said bond may be delivered up to your Orator and the said Christopher Rich may acknowledge satisfacion of Record on the said Judgment and your Orator may have what is over and above the payment of the said seaventy two pounds and Interest payd to him and may be further relieved in all & singular the premisses according to Equity & good Conscience & that in the Meantime all his vexatious proceedings att Law against your Orator may be stayed by the Injuncon of this honrble Court May it please your Lordship to grant unto your Orator her Majtyes most gracious writt of Spa to the said Christopher Rich directed therein & thereby commanding him personally to be & appeare before your Lordship in this honrble Court at a certaine day & place therein to be limited & appointed to true & perfect answare make to all & singular the premisses and further to stand to abide & obey such Order & Decree as your Lordship shall think fitt to make touching the premisses And your Orator shall ever pray etc.
Jno Squibb.
Rawling.
DEFENDANT'S ANSWER.
Jurat 9 die Novembris 1707 Coram me Jo: Edisbury.
The Answere of Christopher Rich Esqr Deft to the bill of Complaynt of Richard Steele gent Complaynant.