The National Register. — London, England, 1811-06-23 00:00:00

DRAMATIC REGISTER. HAY MARKET THEATRE. A Farce, in two Acts, from the pen of the senior Minim, was produced on Thursday, under the title of The Round .Rubin. Mr. Dzantw has been for years so much admired for his sea songs, that he appears to think any thing in which sailors can be brought forward must be agreeable to the town. With this feeling he has written The Round Robin, in which he has given us a plentiful complement of seamen. The piece is destitute of ail plot and interest, and it is impossible that he himself could have been ignorant of this; but he was evidently of opinion, tbat British seamen mist always ensure victory. His idea has not provrci correct in the present instance. There is no rule without an exception; and Mr. DIBDIN now finds that even our gallant tars cannot carry all before them. A veteran of his standing ought to have been aware of this indramatic affair, as be nivat have known that Cockneys are not unfrequently The opposition of the audience was too powerful for the piece to make any tLing like a stand. From the present situation of Mr. Disnis's affairs, its failure is a subject of great regret with Many of the admirers of his former productions, and something )ike a charge of undue severity has been preferred against the audience. To this L must oppose my protest, whatever 1 may feel for the situation of the man. The piece was listened to with great attenticn in its progress, and no disposition to deal harshly with the Author could be observed among the audience, till the performance was pretty far advanced. For my part I tspectcd the storm would break out much earlier than it did. Mr. thuoirt ma), have substantial cause for grief on this occa sion, but 1 really think he had no reason to complain, though at the same time it must be admitted, it laboured under peculiar disadvantages with respect to the actors. Mr. Noaex was not an uncommonly excellent Irishman, and Mr. Suaw, in the cha racter of an Old Commodore, was not very successful. He looked the part so badly, that when he came on first, it was doubtful whether the character he had to sustain was that of a great boy, or an old maa. lie diti not speak it well, nor was his action appropriate—in a word, it was wholly out of his line. Mr PAINE and Mrs.l.asros were so much indisposed as to be obliged to apologize for hoarseness, and Mr. MA LLINSON had no scope for a display of his powers. Under such circumstances, a piece of gre'ater merit, might have failed, but in no case could " The Round Rubni" have become a favourite. It is impossible to contemplate, without feelings of sympathy, the vicissitudes of an Author's life, who is placed in the situation of Mr. DIIMIN. Public applause is like the Ignus Fatuus, which allures the traveller from his road, to court its inauspi cious glare, and exult in its frightening prospects, till at length it vanishes, and leaves him to wander among quagmires and in . darkness. Su public approbation engages genius in a chimerical pursuit. Hope and fancy cherish the gay illusion, and the san guine poet expects not only that it will cheer his passage through life, but that its glittering rays will beam on his tomb.— If the vigour of his first essays call forth applause, he thinks those which experience has matured will insure him immorta lity. But alas! when he has gained experience he has no longer vigour to exert. The smile of approbation- which encouraged him in the early part °fills career now vanishes, and leaves him open to the chilling blast of penury, to explore his dubious way througl► the gloom of friendless old age to a neglected grave. Tills is unquestionably a subject of lamentation, but it is in vain to repine. It ever has been so, and so it must ever continue. It grows on human nature itself, and the lapse of ages cannot do it away We may gaze with fond regret on the setting sun of ge nius, but we can never glow with the same warmth which it hispircs while in the meridiau of its glory. G. THE NATIONAL - LAW REPORTS. COURT OF KING'S BENCH. WEDNESDAY, )VISE 19. SIR F. BURDETT, BART. V. G. COLEMAN, ESQ. The long expected Trial as Bar, wherein Sir Francis Burdett, Bart. is plaintiff, and George Coleman, Esq. Serkant at Arms, is defendant, came on this morning. At a very early hour a considerable number of respectable persons assembled in and about the Court to hear this uovcl And certainly interesting case. As soon as the usual and routine bu 4 siness of the Court had finished, all the Judges entered (ai• in cases of Trials at Bar all the Judges of the Court mu -t be pre sent). When they bad taken their seats, Mr. Fo'ster. the Master of the King's Bench Office, called over the names of the Jurors, when the following were sworn, viz.— Samuel Abbot, Esq. Andrew Seardon, Esq. George Dance, Esq. George Silico, Esq. James Smith, Esq. Samuel Bishop, Fsq. Jam 4.i. Walker, Esq. Edward Pepys, Esq. Wm. Parkinson, Esq. William Riggs, Esq. Richard Jay, Esq. William Inwood, E,q. Mr. J. H. Shepherd opened the pleadings, wherein he recite ed the different counts of the declaration, and the plea of the defendant, together with the replies of the plaintiff, on widen the issue was joined. Mr. Serjeant Sh , pherd then stated the case to the Court and the Jury. He began by saying, that it was his duty to address them on behalf of the plaintiff, and that he would occui v as little of their time and consideration as the weight of the suhject demanded, and would not trespass longer •on their attention than in his judgment the interest of his client demanded. The parties were known to the world—!he one as a very distinguish ed Member of the House of Commons, the, other as one of its Officers, the Serjeant at Arms of that don-e. The complaint against the latter as made by the former, was also well kronen to every man upon the Jury, namely, Cot of bre i iking into the plaintiff's house, therein entering, and with a body of armed soldiers thence taking hint by force and lodging him base queutly in the Tower of London. In Ibis case 11-. cmemau, was little more than the mere nominal defendant, for the con flict really was bcween the Hon. Baronet, whose advocate he was, and the House of Commons itself, that had employed Mr. Coleman, and whose conduct it was meant this day by that House to justify. But if that gentleman had been guilty of any. excess or any thing improper in his conduct in executing any thing which the. House of Commons might deem even its cons.' stitutional right, still he could not justify that excess, or that impropriety under this action, and therefore he should contend, let either the one or the other be amenable for tke conse quences ultimately, still that his client was entitled to their. verdict. Although the pleadings present a great variety of subjects, calculated to create and produce diszussion, yet few of them were to be immediately placed under tote considera tion of the Jury. The Constituti,n of this country, although' it protects, yet it prescribes, the pewet of Juries, and it wisely makes distinc:ions between those points which are mat ters of fact and matters of law, and those cases. where mat ters of fact and matters of law are so blended that they can not be separated ; in all these distinctions the jurisdiction of Juries and the jurisdiction of Judges are quite distinct. His motive for mentioning this was because, though he held in the highest estimation, and with the most profound deference. the decisions of Judges and Courts of Law, yet he was anxious that he should be understood, that in advocating this cause he was not pressed by any decision of their Lordships made in another cause (he alluded here to the judgment on the demurrer, given . in this Court in a former Term, in the case of Sir Francis Bur dett against the Speaker, wherein that judgment was adverse to his client), and that he knew that he had his right of appeal, by writ of Error, to the highest and most supreme Court of Jtt-. dicature in this or any other country ; so he should reserve what was to be said upon the lave - of this case as well as upon that, when he should have to adlencate either elsewhere on the matter, the mere matter of law. Sir Francis Burdett corn-. plains, that his house was assailed by a military host, and by them conveyed to the Tower. The answer put in to that com plaint made by the defendant is, that the defendant, as an Officer' of the House of Commons, and in the exercise of his capacity as such, by virtye of a resolution of that House,. which had concluded that Sir Francis was guilty of a breach of its privi lege, in consequence of having ( according to anot h er reso l ut i on - of that House) published what was resolved a:so to be a libel on. the House of Commons. _ ...... I fern . the Learned Serjeant entered into a most luminous dis• play or Law learning, and proceeded to call The witnesses called on the part of the plaintiff, were Mr.t