mitment was difputed in Westminster"Hall, by all I could obferve, from the "learned Pleadings on both Sides, it did "not appear to me, that the Comedian, "fo committed, was within the Defcrip"tion of the Vagrant Act of the Twelfth "of Queen Ann, he being a HOUSE"KEEPER, and having a Vote for the

Westminster Members of Parliament ! "He was discharged accordingly, and “conducted through the Hall with the Congratulations of Crouds that attended, "and wifhed well to his Caufe."

I doubt not but my Reader has had Penetration enough to fee the notorious Blunder committed here; though Mr. Cibber either did not, or would not fee it, though he observes the learned Pleadings entirely turned on that fingle Point,

HARPER'S

HARPER'S BEING A HOUSEKEEPER. I well remember when I heard the Event of this Trial, and on what a fcandalous Error all their boasted Triumph was founded, I could not help fufpecting the Integrity of the Perfon who conducted this Affair; because, if the Housekeeper, who paid Scot and Lot, could not be deemed a Vagrant *, the natural Queftion then fol lows, Why was Harper fingled out? A Man known for many Years to be a Housekeeper in the Parish of St. Paul's, Covent Garden; when there were several more

*I have been well informed, Mr. Cibber was miftaken in his Obfervation on the Pleadings in Court at that Trial, that fo far from the Housekeeper being a Protection from the Vagrant Act, a learned Councellor afferted, that it was in the Power of the greatest Subject in England to be guilty of an Action of Vagrancy; and that the only Point to be difputed there was, whether Harper's performing in the Haymarket Theatre was committing that Act?

eminent

eminent Comedians in that Company, that conftantly acted at both our Fairs, and were not Housekeepers! But the Dice were thrown, and the poor new Manager was devoted to Ruin. This Trial was attended with no fmall Expence; which, added to his conftant failing Audiences, was sufficient to destroy a much larger Eftate than his; and it was with the utmoft Difficulty that he held out through the Season. The Misfortunes that befel this Gentleman gave great Concern to his real Friends. He was a Man of Humanity and strict Honour; many Inftances fatally proved, that his Word, when folemnly given, (which was his Cuftom) was fufficient for the Performance, though ever fo injurious to himself.

VOL. I.

C

At

At this Time another enterprizing Gentleman appeared, Charles Fleetwood, Efq; who purchased the whole Patent for very little more than poor Highmore gave for Half of it.

This new theatrical Monarch began his Reign with all that Dignity that attends a Man of great Fortune and Fashion. His Friendship and Connections with many Perfons of Quality, gave him the Promife of a Power that muft carry all before it. And fo it did: The regaining the Revolters, and bringing them back to his Theatre, was the first Object that presented itself, and he met with very little Difficulty in accomplishing it. The most grave and fenfible Part of the Revolters, that had any Thing to lofe, before that Time had

fome

fome Reason to be fick of their Enterprize; for their Salaries, as well as Expectations, were too large for their Theatre; and when fuch Men as old Mills, Johnson, Griffin, Miller, Harper (all Men in Years) found themselves the Dupes of fo young and wild a Leader as Mr. Cibber Junior, they grew afhamed of their Situation; and therefore, any Advances towards the bringing them back again, were fure to meet with a favourable Reception. This their young fpirited Leader foon difcover ed; and therefore had Address enough to preserve his Station, and was not only principal, but alone, at the first Meeting for a Treaty of Peace with the new Manager; by which Means, it may be fupposed, he made himself confiderable, and got very advantageous Terms for himself and Favourites.