ILLUSTRATIONS

REFERRED TO IN THE INTRODUCTION.

ARTICLES OF AGREEMENT indented, had, made, concluded, and fully agreed upon, this seventh day of May, in the year of our Lord one thousand seven hundred and seventy-six, between SPRANGER BARRY, of Norfolk Street, in the Strand, in the County of Middlesex, Esquire, of the one part, and THOMAS RYDER, of the City of Dublin, in the Kingdom of Ireland, Esquire, (by Tottenham Heaphy, late of the City of Dublin, but now of the City of London, aforesaid, Esquire, his Attorney, thereunto lawfully authorized, as after mentioned,) of the other part.

WHEREAS, by a certain power of attorney, bearing date the twenty-second day of April now last past, after reciting that an agreement had been entered into between the said Spranger Barry and the said Thomas Ryder, for demising to the said Thomas Ryder the Theatre in Crow Street, with the materials and appurtenances thereunto belonging, for the term of seven years from the first day of May, one thousand seven hundred and seventysix, at the yearly rent of FOUR HUNDRED AND FIFTY pounds sterling, secured to him by bonds with warrants of attorney, exclusive of ground rent, taxes, and the interest of subscribers' tickets, to be paid at such times as after mentioned; for the completing of which agreement and the perfecting of the bonds, he the said Thomas Ryder did thereby appoint the said Tottenham Heaphy his true and lawful attorney, for him, and in his name, to affix his seal and sign his name, and as his act and deed to deliver bonds with warrants of attorney to the said Spranger Barry, for the payment of the sum of four hundred and fifty pounds yearly, for the space of seven years from the first day of May aforesaid: And also bonds for all ground rents (to be ascertained by his attorney) of the said Theatre, with the amount of taxes and subscribers' interest included in said bonds. And as the gross amount of the said ground rents, taxes, and subscribers' interest was not sufficiently known to him, he did also empower his said attorney to fix the same with said Spranger Barry, and execute bonds conformable thereto, agreeable to the said power of attorney. And lest the powers thereby given should not appear to his said attorney to be sufficient for concluding the said recited agreement

with said Spranger Barry, he did thereby agree that the said powers and authorities therein given to him should be extended or limited, altered or enlarged, as to his said attorney should appear expedient, thereby confirming what he should do as if particularly expressed in the said letter of attorney: And then reciting that the sum of ONE HUNDRED AND TWENTY pounds was payable by government for four plays within the year, and which sum the said Spranger Barry had required should be made over to him by the said Thomas Ryder in discharge of so much of the said recited rent as the same should amount unto: he did thereby empower said Tottenham Heaphy to execute and perfect such assignment thereof as far as he himself was enabled to do for such time as he should be entitled thereto; and after impowering him to do other acts, he did thereby ratify and confirm all and whatsoever his said attorney should do or cause to be done in the premises as in and by the said letter or power of attorney, reference being thereunto had, will more fully appear. And whereas said Tottenham Heaphy hath in virtue and in execution of the said power of attorney entered into treaty with the said Spranger Barry, for and on behalf of the said Thomas Ryder, for a lease of the said Theatre or Play-house, and other the premises thereunto belonging, for the term of seven years, at and for the yearly rent of EIGHT HUNDRED AND THREE pounds of lawful money of Ireland, free and clear from all manner of taxes and deductions whatsoever (other than and except the yearly ground rent of ONE HUNDRED AND EIGHTY-EIGHT pounds and ONE HUNDRED AND SIXTY-FIVE pounds, making together the sum of THREE HUNDRED AND FIFTY-THREE pounds, which being deducted out of the said yearly rent of eight hundred and three pounds, reduces the same to the sum of FOUR HUNdred and fifty pounds, to be payable to the said Spranger Barry, as his clear rent for the said Theatre during the said term) and which said yearly rent of eight hundred and three pounds is to become payable, and the said premises are to be held and enjoyed. And the said Spranger Barry is to grant a lease thereof, and the said Thomas Ryder to execute a counterpart of such lease, in such manner as is hereinafter particularly mentioned, and expressed of and concerning the same respectively. Now THESE PRESENTS WITNESS, and the said Spranger Barry, in consideration of the payment of the said yearly rent of eight hundred and three pounds of lawful money of Ireland, at the days and times, and in such manner as is hereinafter mentioned, and of the performances of all and every the clauses, covenants, and agreements which on the part and behalf of the said Thomas Ryder, his executors or administrators, are, or ought to be kept, done, and performed, doth hereby for himself, his heirs, executors, administrators, and assigns, covenant, promise, and agree to and with the said Thomas Ryder, his executors, administrators, and assigns, that he the said Spranger Barry, his heirs, executors, administrators, and assigns,

or some of them, shall and will, at the proper costs and charges in the law of the said Thomas Ryder, his executors or administrators, on or before the twenty-fourth day of June now next ensuing the date of these presents, or when thereunto required, execute, or cause to be executed, a good and sufficient Indenture of Lease in the law, whereby he the said Spranger Barry, his heirs, executors, or administrators, or some of them, shall and will grant, denise, lease, set, and to farm let unto the said Thomas Ryder, his executors, administrators, and assigns, all that the aforesaid Theatre or Play-house, situate, standing, and being in Crow Street, in the City of Dublin aforesaid, with full power and lawful and absolute authority for him the said Thomas Ryder, his executors, administrators, and assigns, to perform and act, and cause to be performed and acted, all and all manner of warrantable and lawful plays, operas, pantomimes, interludes, and concerts of music, and all other lawful and theatrical and musical entertainments whatsoever, for his and their own proper use and benefit. And also all his the said Spranger Barry's right and title to perform and act all theatrical and musical entertainments in the said theatre, according to the letters patent granted for the licensing the said Building or Play-house as a Theatre Royal, and to enable the proprietors thereof to perform and act all theatrical and musical entertainments therein, and the produce and profits arising and accruing to him the said Spranger Barry therefrom. And also all the furniture, and all and every the scenes, machines, goods, and chattels thereupon and therein hanging, standing, and being, and thereunto belonging, and which shall be particularly mentioned, specified, described, and contained in an inventory or schedule thereof, to be made and taken thereof and annexed to the said indented Lease, duplicates whereof have been signed this day by the said Spranger Barry and Tottenham Heaphy. And all outhouses, buildings, edifices, cellars, sollars, chambers, rooms, galleries, boxes, seats, forms, ways, passages, doors, and entrances, waters, water courses, lights, casements, profits, liberties, privileges, commodities, advantages, emoluments, hereditaments, and appur"tenances whatsoever, to the said Theatre or Play-house, and other the premises thereby to be demised, or any part thereof belonging, or in any wise appertaining to or with the same, or any part or parcel thereof, held, used, occupied, possessed, or enjoyed, or accepted, reputed, taken, or known, as part, parcel, or member thereof, (except and always out of the said Indenture of Lease to be reversed unto the said Spranger Barry, his heirs and assigns, the two messuages or dwelling-houses: And also his new wardrobe to the said Theatre or Play-house belonging: And also all the waste ground thereunto belonging, situate, lying, and being in the Crow Street, in the City of Dublin aforesaid :) To Hold unto the said Thomas Ryder, his executors, administrators, and assigns, from the first day of May instant, for and

during, and unto the full end and term of seven years from thence next ensuing, and fully to be complete and ended, at and under the several yearly rents or sums hereinafter mentioned (that is to say,) the yearly rent or sum of four hundred and fifty pounds of lawful money of Ireland, payable to the said Spranger Barry, his heirs, executors, administrators, or assigns, on the first day of November, the first day of December, the first day of January, the first day of February, the first day of March, the first day of April, and the first day of May, in every year, by equal portions, during the said term of seven years, the first payment thereof to begin and to be made on the first day of November now next ensuing: And the yearly rent or sum of one hundred and eighty-eight pounds of like lawful money, being the ground-rent for the said premises, and the same to be paid at the days and times, and in such manner as the same becomes payable by virtue of the original lease thereof: And also the further yearly sum of one hundred and sixty-five pounds to the subscribers to the said Theatre, and the same to be paid and payable according to their several and respective rights and interests therein: And which said yearly rents of four hundred and fifty pounds, one hundred and eighty pounds, and one hundred and sixty-five pounds, make together the annual rent of eight hundred and three pounds: And in which said intended Lease, proper covenants shall be inserted on the part of the said Thomas Ryder, his heirs, executors, and admininistrators, for payment of the said several and respective rents, or annual payments, at the times and in the manner as the same respectively become due and payable: And also that the said Thomas Ryder, his heirs, executors, and administrators, shall and will save harmless, lossless, and indemnified, the said Spranger Barry, his executors and administrators, and his and their goods and chattels, of and from the payment of the said two several rents or annual sums of one hundred and eightyeight pounds, and one hundred and sixty-five pounds, payable as aforesaid: And also a proviso, that in case the said yearly rent or sum of eight hundred and three pounds, or the said several yearly rents of four hundred and fifty-pounds, one hundred and eighty-eight pounds, and one hundred and sixty-five pounds," making together the said sum of eight hundred and three pounds, or any of them, or any part or parts thereof respectively, shall be behind and unpaid by the space of twenty days, next over or after the days or times whereon the same respectively are payable as aforesaid, it shall and may be lawful to and for the said Spranger Barry, his heirs, or assigns, or any of them, into all and singular the premises thereby to be demised, or any part thereof, in the name of the whole, to re-enter, and the same and every part thereof to have again, re-possess, and re-enjoy, as in his former estate, any thing therein to the contrary thereof in any wise notwithstanding: And that he the said Thomas Ryder, shall and will execute a counterpart of the said Indenture of Lease so to

be made to him of the said premises as aforesaid: And further, that the said Thomas Ryder, his heirs, executors, and administrators, shall thereby also covenant, at his and their own costs, charges, and expenses, to repair, uphold, maintain, scour, clean, paint, amend, and keep the said building, theatre, or play-house, and furniture, scenes, machines, goods, and chattels, and all and singular other premises to be hereby agreed to be demised by the said Indenture of Lease, in good, sufficient, and necessary order and repair, during the said term of seven years, when and so often as need or occasion shall be or require (the main walls and timber of the said building, called the Theatre or Play-house only excepted.) And the same so well and sufficiently repaired at the end or expiration of the said term, peaceably and quietly to yield and deliver up to the said Spranger Barry, his heirs, or assigns. And that he or they, or some of them, shall and will pay, discharge, and satisfy all and all manner of taxes, charges, rates, assessments, or impositions whatsoever, which shall, during the said term, be taxed, rated, assessed, or imposed upon the said premises, or upon the owner or occupant thereof, for or in respect thereof: And that it shall and may be lawful to and for the said Spranger Barry, his heirs, or assigns, and his and their servants, agents, or workmen, and others in his or their company, twice or oftener in every year of the said term, in the day time, to come in and upon the said premises thereby to be demised, to view, search, and see the state and condition of the same; and of the decays and wants of reparation give or leave notice in writing upon the said premises, for the said Thomas Ryder, hist executors, administrators, or assigns, to repair or amend the same within one month from the time of such notice, within which time the said Thomas Ryder shall and will repair and amend the same: And that the said Thomas Ryder shall not, at any time or times, during the said term, perform or act, or cause to be performed and acted, any theatrical or musical entertainment, at or within any other place than within the said theatre or playhouse: And also the said Thomas Ryder shall and will, for the further and better securing the payment of the said yearly rent or sum of eight hundred and three pounds, in manner aforesaid, upon the execution of the said Indenture of Lease, enter into and execute one bond or obligation to the said Spranger Barry, his heirs, and assigns, in the penalty of ten thousand pounds, for payment of the said yearly rent or sum of eight hundred and three pounds, or the said several and respective yearly rents of one hundred and sixty-five pounds, one hundred and eightyeight pounds, and four hundred and fifty pounds, which composes the same as aforesaid, according to the reservation to be contained in the said Indenture of Lease for payment thereof; and shall and will execute a warrant of attorney, authorizing and impowering any attorney of His Majesty's Court of King's Bench, in Ireland, to confess judgment for him, at the suit of the