THE DRAMATIC PATENTS EXAMINED. 265 



granted in 1816, and will expire in 1837- The two patents were 

 united by a deed between the parties who held them, and the 

 terms were that they should be held jointly for ever. The proprie- 

 tors of Drury-lane house., however, bargained in 1792, for the pur- 

 chase of one of them (Killegrew's), and paid a portion of the money 

 twice, which was settled at 16,000: the remainder of the purchase- 

 money was paid since 1816, after the last licence for twenty-one 

 years had been obtained. 



Thus we see that, from the year 1764 to some time subsequent to 

 1816, one of the patents, called the Davenant patent, was wholly laid 

 aside and never used ; and yet the proprietors of the two houses pre- 

 tended that, by virtue of the two patents, they had the exclusive right 

 to perform tragedies, comedies, and other stage exhibitions. Thus was 

 an imposition practised on the public, by which they were prevented 

 from seeing the legitimate drama performed except in the places, 

 and at the prices their monopolist chose to provide for them and to 

 charge them for admission. 



The two patents granted by Charles II, were suspended by Queen 

 Anne, and other patents granted in their stead. Queen Anne's sus- 

 pension was, in fact, an abrogation of the patents ; neither of them 

 were again used or pretended to be used during her life, nor for 

 many years after her death ; when, without any revival by royal au- 

 thority without which they could have no legal existence John 

 Birch, who had the parchments in his possession, the authority of 

 which, as patents, had been destroyed, again brought them into use. 

 No proceeding short of the royal prerogative could have revived 

 them ; and, had this been obtained, it would have been a new grant ; 

 and as this never was obtained, the patents have never, since they 

 were annulled by Queen Anne, been in existence. Yet notwith- 

 standing this ; notwithstanding Killegrew's (called the Davenant 

 patent had never been used for upwards of one hundred and thirty 

 years, it is now set up as an authority ; as the treasurer of Drury-lane 

 theatre told the Committee of the House of Commons Dramatic Lite- 

 rature, ee that Killegrew's patent gave them an exclusive right with 

 Covent-garden to perform tragedies, comedies, &c. &c. that it was 

 eternal, and lasts to the end of time." It would perhaps be difficult 

 to find any thing to match this for impudence, said, as it was, of a 

 patent which had been asleep for more than a hundred years, and was 

 then awakened to become as vigorous as ever. The patent was 

 granted for the benefit of the public, not for the sole advantage of the 

 persons who at any future time might hold it : it was withheld from 

 the public for more than a hundred years, and was clearly abrogated 

 by non user, even if it had not been extinguished by Queen Anne. 



The holders of the patents at Covent-garden, and the holders of a 

 twenty-one years' license at Drury-lane, having succeeded in their at- 

 tempts to prevent all competition having shewn the public that, if 

 they wished to see the legitimate drama, they must come to their shops, 

 were not contented with doing well, but resolved to do better than 

 well; and, therefore, lest any serious complaint should be made of want 

 of accommodation for the increased and increasing population of the 

 metropolis, they enlarged their houses enormously, and increased the 



M. M. No. 90. 2 M 



