The Sun.
London, England, 1809-10-28 00:00:00

;VAINIT4RING's CHARGE.

As the spetodi eilaiNwatttNo. to the Grand
Jute on -,ll:6loeet,iii,_ in tee S'essmn irt which we gate
t!e• sie -ranee ie cur to i, has aoratmed-moCh at ten-,
ono the !oho, ing, which we are assured
is a full anti correct repute of It. Atter the Riot Act
had been read, the Chairo an said--
: t often ot't he Grand Jery—belore you pro-
ccetioier lie titsciiii reee of that duty for which you ;
het-. sterminted, here,• anti are now sworn to
eitr cute, 1 think it is proper IC make some ob.et va-
t;riea 10 you poll a ,ollwer., which, frost its con=
tiettiroce, and, the wise-11E4 which has taken place,
has become or considerable importance to ,he corn-
,,;;at wed as' to such individuals as are
mo,e particularly orierester4 and to which your at-
toot too:must
.be called during the present Sessions,
as the ,Gr.-Ind -Jury tor +tie City and Liberties of
Westiiimsre: Gt otteruen, it is a matter of public;
eta, rtes) , that et tie sioce the opening of the new
ITc-etre or cove:it, Gareen, to the reception of tire
pol-dic, great distil, bailee, disorder:and breaeheS Of
_ the peace have taken.- pi4cv that it has been' tleelared
by a 14t- bnciy- of ire) sons, who have assembled
there for the exprer.s purpose, that unless-the pto-
ktors, -or :those! who hate the management of the
Ti,eatte, 'would admit 'the audience at the prices
which wt-retaken previous to the late Playhouse be-
ing destreyed try fire, they will snot permit Theatri-
cal Representations to be
.performed and exhibited,
or; at least, will not setTer them to be heard, 'and!
iirsisting 00 the old pricrs ; the most violent out-
rage's. lerve been eon rmi!reci, .and a large body of the
audience hasebeen kept e% try night in a:constant
state 'eft alarm and 'tererr ; and this demand, as it is-
fsaid," 'cliiit•etl as 4 matter-of right. Gentlemen,
ereaeicevil-rat thi,. claim of right is grounded, I
1- aril not—it is said, indeed, that
,e4/ry one at a
rigi t to express his a, Jobation Or
er,:repba
-oi ir in—be it so—certainly cui,:tan has given
,:i.!;ilioto to 5. c,t a praCtice,- and the audi-
eiere'e has ;e:en the habit of expresSing its ap-
ereearnio or dislike to whatever is .brought before it,
by clapping of hands,. or hisaing, or sorne.eVident
mark oteapelause or disapprobation, and this custom
is ways'submitted to, and perhaps it found to be
the best or easiest way of expressing its sentiment
uptinsoch•an occasion, as it prevents snore of dis-
coseon rani amplification _wlecii might otherwise_
t.TtL'e pte:e but, G,ntlemeo, this usage can in no
way' be applied to the, claim nOw made, namely, ad-
mission to the Theatre at a particular price... As to.
the audience determining what the prices of Anis-
sion to the riitfereut parts of the Theatre shall be,.
ate i corepelling the proprietors, wh6 fiae risked
their fortunes, aed en-mark:A in a hazardous Onoer-
tektite, even supposieg the house was unanimous,
which, I understand, i, by lucana the case, it is
a -;kirn.arid whits, r-tOtE found, d either in !awe in
rqnity, or in justice, I r‘e.ean the andience;fixing the
piece of admission—boAct of Parliament, no case,
llo,diclurn fixing the prices, is to be wood, to sanc-
tion such an opinion.
-'" Gentlemen, the law, I take it, is most clear
ii
that they ;can have no such . rieht-e-the
erice of a pulpit Theatre cannut t.). considered
,as a
Court' -of Justice teerreenized by the law of this cbuil-
try; it has no legal means of enforcing its delrees;
or Compelling obedience to its orders. It it might
settie-thieprice at admissibn, whits is there it might
out do? I‘...ligtir ti not settle, tor example, the sala-
Tlea; of the performi:!rs, the expellee of the dresses,
toe manner of light ing'the house, ate so on through-
out shy whole rnareigement of ilie Tireatreailid
who is to say, that wbat audience &tie evening
declare, se-Oald:not be rescinded and undnoteby the
audience Of the next es ening ? But, Gentleinen, if
there .was such a right" exis.tiog In the audience'(a
snoposition Opibiott extremely absurd), if it
did exist, it could .not be maintained by riot and
a iereairh of the peace ; evto just ;and lawful rights
cannot be' established by unlawful eroceediogs :- by
the law of this country. no • man can be a witness in
Ins- own cause "nor man in .his own case can take
the-execution of the law int 6 his own hands ; no
one, except .in the single itistance of self defence ;
if -he has a ,right to establish, or any injury to corn- ,
plain of, it Must be by
-the 'means of legal proceed-
it , and- not to makense of that dangerous engine,
-a tiototas mob, for any purpose' whatever.
" Getnietn,:n, this question of right (if it- is a
questioe), as to the,price.of admiSsion into a Ilea-
t:e., is out. a question for 'discussion in this Court;
we are • not competet- to_ decide upon it in" this
.Place ; and theret&e, Gentlemen,' I 'Cannot help
caetio(eing you not to emanate yourselves and your
menii in the dispute respeCting the 'prices of ad-
teeeiion ; it it is inought they are unreasonably high;
if it is thc4;fht too 'touch Money has beeh laid out
.oti the hutkiiit, or that the iiiternai decorations are ,1
teu cosate or
.w.hatever is the matter in dispute,eit
catiloot; be estigated by you, or try this Court ;-
bur, Geutlenien, it there should-be ifidictinent laid
benne you, 'elrarging partictilar personS with-rtotous
pf(xeedings, wan u:ll;twtully assembling together to
drtrorii the peace too good order of the Theatre, or
to do nolti%Nini ecas,--to the 'injury of the Pro=
rmriewt s art toe Theatre, or to any persc4W; these,
Geolleiraen, are matters -for your Serious 'considera-
tiou, raid are properly cognizable before you, as a
Grauti Jury for the City and Liberties of West-
minster..--Yuurs, therefore, is a' straight -forward
inelely to examine witnesses 'on the indict-
ments laid 'before you, and
.to determine whether
the 6-are,,, are sufficiently proved io call upon you
to 'return the bilis_to te.trle this, as to toe facts
leged, 'in order that the accused party -.may be put

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non his. ttiAl.
(3entlemen, in common conversation, .we all
pretty well kn.o).v how the terms W
" Riot," " unla-
assembling," and other legal terms are under-,
ttooj ; but as it is Important at this time that you
'shotto likve clear and .distiiitt ideas what constitutes
this.otience, I think it my duty to state to you the
law upon this snblett, and I chute rather to do it in
t.4e, lansruageof a learned writer, who.Well'understood
t ernitithillaw of this country, and who is often
(I,P)ted in this C..tuurt as well as in others, I mean Mr:,
.-_,-,•!jeai.t Hawkins's `.1.',.-eatise on, the Pleas of the;
under the head of Riet. says, a Riot is
tiunul:uous disturi.muce of• the peace by three per-
s.,:l.", or mote, assembling, together of their own, au-
t.:wit), wi.h. intent Mutually to.assist one another,

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