DRAMATIC MONOPOLY. 



WE perceive that the Marquis of Clanricarde has introduced into 

 the House of Lords a bill for licensing dramatic performances; at 

 other theatres beyond the two patent ones, hitherto claiming the mo- 

 nopoly of that privilege. We are glad to see that the subject has 

 not been allowed to fall to the ground,* and we hope eventually that 

 genius may be emancipated from the ignoble bondage to which it has 

 been too long condemned. We will not at present enter upon a dis- 

 cussion of the provisions of the noble lord's proposed measure for 

 this good object, many of which we confess and consider exception- 

 able. The main point at present is the grand principle of right or 

 no right to legislate upon the subject, as whatever opposition the bill 

 will meet with will be upon the ground of right, and in defence of 

 vested interest. We are content to view the question in that im- 

 portant and interesting light in the present article. The patentees, 

 like Shylock, " stand here for law," and will have their bond, and 

 proclaim their patents to be invulnerable, sole unique, and eternal. 

 Let us see whether it be " so nominated in the bond." 



The two great theatres claim exclusive privileges to enact perform- 

 ances of the stage upon a variety of grounds, which may be reduced 

 to the following two, viz., 1 . The patents granted by Charles II. to 

 Davenant and Killigrew ; 2. " An understood compact," according 

 to Mr. Kemble, between whom existing, however, or under what 

 conditions and penalties, does not appear. 



The proposals for extending licences for dramatic performances at 

 other theatres, is opposed upon the grounds; 1. That it would be a 

 violation of the long- vested patent rights of the two great theatres ; - 

 2. That it would be an infringement of the Royal prerogative. 3. 

 That it would be " a violation of good faith," and an injustice to 

 private property. 



These grounds of opposition will be severally replied to, by consi- 

 dering, 1. The nature of a patent as distinguished from an exclusive 

 right ; and the power of the crown to grant an exclusive right of the 

 nature claimed by the proprietors of the two great theatres. 2. Whe- 

 ther it is a part of the royal prerogative to grant patents or licences 

 for dramatic performances. 3. The title of exclusive right, particu- 

 larly as claimed under the patents of Davenant and Killigrew. 



I. The king's grants, which are always a matter of record, are 

 always contained in letters patent (literce patentes), so called, because 

 they are not sealed up, but exposed to public inspection ; and it is a 

 vulgar mistake to suppose that the word patent necessarily implies 

 an exclusive right, though in the more common use of the term, in 

 the present day, the king's letters patent are generally understood to 

 confer the exclusive right of using or practising some new discovery 

 or invention on the inventor or originator. In former times, indeed, 

 the king's letters patent were granted to individuals and corporations, 

 conferring upon them exclusive privileges in various branches of 



* Since this article was written, the bill has been rejected by the Lords. Oft 

 Friday last, after a short discussion, Lord Seagrave moved that it be read that 

 day six months, which was carried by a majority of 14. 



