The Statesman.
London, England, 1809-11-09 00:00:00

THE sTATEsMAN.

ON THEATRItAL L4W.
tO THE EDITOR OF fHE STATESMAN.

Despotism appears to be making large strfdos id
this country : nut the despotism of theCrowa, for
(roes that we are secure, both from the Constitu.
tion of the country, and the despotism of the
Prince; but that petty despotism, which is al.
ways ten times more grievous. The meaner the
instruments that forge them, the more galling are
the shackles ; and this despotism is attempted, not
by an actual monarch, bat by a mock monarch—
" A pont Player,
" That struts and frets hit boar upon the stage,
" And then is heard no more."
and in its support much false and abominable law
hath bean promulgated ; or, to speak with greater
precision, many false and abominable positions
have ham asserted to be law, which certainly are
not. It is whimsical enough to remark, that
Certain Magistrates have, in my opinion at least,
and 1 trust in the opinion of the Court of King's
Bench, which will certainly be taken, and out uf
which I cannot say, "God send them a good deli-
verance," greatly exceeded their authority; and
yet it would not always hare been advisable for the
person, on whose behalf I conceive the law to
have Wen violated, to have called for a strict exe.
cution of the legal power of the Justices of the
Peace: as, bail such been exerted when:vcr Ac
performed in an illegal Theatre, he would have
been whipped as a vagrant, and from being so
deemed, he is only now protected by the locality
of his situation, like the Clients in VOLTAIRE,
who are told by their Lairyers, `• If you were
on the other side uf yon brook, you would be very
great rogues; but here you are very honest men."
Nur would it, I believe, be impossible, considering
the old tuaxim—"Nulleas tempo: occurrit regi,"
which is frequeutly acted upon in the criminal
law, even new, to treat the gentlemen with a fla-
gellation ; for if a crime be clearly proved, it mat.
ters tint how long since it eau committed. But to
consider the legality of the present proceedings,
both of the Magistrates and the Managers
the first place, it is essential to observe how sedu-
Inusly the formidable word Riot has been brought
forward on the occasion ; *conduct not unlike that
of Aminidab, in Joe Miller..." I will not smite
thee (said he to the dog who had offended him),
but I a ill give thee a bad name," mid he carted out
" mud dog." It is not, however, calling an act
a riot that niaketh it stack. The word riot hath,
before this time, been often the Che:,al de Bat.
faille of many Justices. In the
placards
issued
from duw-it reef , it stands the second word....
Henry Fielding, who was a very good Magistrate,
says—" ,By the laws of Englain, abusive words
are not punishable by the Magistrate; some
Conunis4ioners of the Peace, therefore, when
66 0n... scold !lath applied to them for a warrant
against another, (ruin too eager a desire of
" doing justice have construed a little harm-
" less eculdinet into a riot, which is in law
6' en I,vtragevtis breach of the peace committed
4 hr several person!, three at least ; nor can a
64 1,4 nunitiii:r be guilty of it tinder the word
" rioting or flottimt, fur I have seen it spelt
" both ways. Thno.an.ls of old women have
64 been Arrested, and put to expense, sometimes
si in prison, for a little intemperate use of their
ati tou4ues. This practice began to decline iii
ig 1725." The Theatres were at Rome ranked
atncrapt the necessaries of life, " panem et cir.
ceer..es," was the cry of the Roman populace.
Nem the raising the price of admission at this time
was, as far as in the power of the Proprietors of
Coveut.Garden Theatre, adding evil to civil ;!
Nut they have, indeed, themselves appointed a
:Committee to examine their own accounts, and
the Report of that Committee is, as who could
doubt it would be, in their favour. Ridiculous
in the extreme! Without entering, into the ques.
tion of the respectability of the persons who cool.
posed that Committee, or whether they are per.
sons whose words ought, ur ought not to betaken,
to have examined the accounts—to have compared
such accounts with the vouchers, and to have in.
waived into the authenticity of such, would have
taken more days, or perhaps weeks, than they can
have bestowed hours on the subject : they have,
therefore, in their report, assumed to have per.
formed a physical
AN OLD BARRISTER.

A few da)s ago the " public accuser" of Co.
vent. Garden—the Prof4ssor, happened to ho
present at a trial for riot and assault. Mr. Barry,
the Counsel, seeing that one of the witnesses, a
Creole journeyman taylor, from the hack settle.
' mitts between Werdour-street and Silver.street,
was a man of vol,:ar habits, in his examination
adopted that species of address which appeared
to he best suited to his comprehension. 44 Well,
" my friend, you were present the whole of the
" time, and you oho best tell us how the row
began." The men est:rased some surprise at the
term, and gravely ',satiated to declare upon his
oath, that he did not understand what the word
rove &cant. On this the Frotessur observed to
a Gentleman who happened to stand near him,
" Why the witness might have said, Mr. Conn.
seller, I sift such a blackguard as you, cud can't
be expected to know the word rote." Thu Gen.
Ocean replied, " I dare say, Sir, the Pro.
66 prictors of Covent-Garden Theatre are by
66 this time pretty well aquaioted with the mean.
66 log of the word rot; slid yon surely will not
' 46 be able to prevail an your delicate consciencr
" to 4.111'4 that they arc blackguards t—will you
" Sir ?" The Professor turned away with in-
dignant silence
The bust of the Loa frigate, manned with
Lieutenant SMITH, a Midshipman, and It 3 seamen,
lately went npjthe Charente, to cut out a schoouer,
supposing her to be a merchantman ; but iinfor-
tuuately, the proved to he an armed vessel, full of
men, who overpowered the British party, and
made them prisoners.
Yesterday the Rixottout of LoyelsoN made his
report of the convicts capitally convicted at Jus-
tice Hall, in the Old Bailey, at the September Ses-
sions, when Oakden, for an unnatural crime, and
Sullivan, and his companion, for a rape in the
neighbourhood of Poplar, were ordered fur ere-
' cution nest Wednesday.

-

41 PARODY ON ROLia'S ADDAESS.
ENTER K AS ROLL %.

" Yet never was the hoer of peril ow, when to cheer
ydsa words were so much needed." i'izaeao.
My disgraceful associate, ! partners of myopia, taz trewlte,
aw my slime! can Jon to 'es words give comfort to sour
Inoopilez spirits and heavy hearts I No. Yoe leave jodxed as
%live, the foulnrst of their wicked toagues. by which (tube bold
illtroders would delude you. Your stv:sof heads have com-
pared, as Elliot. has. the motives is a curse like this, cau
IlY~nte their minds and our.. TAev, by ostrar.ge frenzy derv'
yea, bawl add edl alittul for the Old Prices: we give thews
Ross, sod throated them with imprisonment to 'attain die
Now. Thy laugh at thresh they do nut fear; and (WOO
Row-street Runners, w beet they hate. ifs e serve Jena CULL,'
whom we treat with scorn; mad owe Money is the God whom
we adore. Whenc'er they move in anger, they make a
dreadful noisy; hene'er they pause in omits, we will de-
spise Weir friendship. They boost they come to improve our
estate, raceways our Wanes, and free us from all foreign aid.
Yes I they want to impress liberality on oar minds; bbt no,
try are the slaves of passion, avarice, and pride. They offer
us their proteetion ; we want no protectors hot those we have
already •. They call on us tamely to submit to them, for the
desperate chanty of whaething better, which they promise.
lie oar plain anwot this: Ova PRICE is /PIZZO AG AIN'T
TUE Pstilt.tc VOICE; the Drama's law our fathers gave
well bleak; our faith and trua well put io Jews and Gladi-
ators, for they, no doubt, will try oar sinking fame to raise.
Tell the Rioters, and tell than too, we seek no change; and,
least of all, era clang; as they would give as.

• Messrs. G —h---m, R—d. T—a---d.

LAW INTELLIGENCE.

• COURT OF KING'S BENCH.
Wednesday, November 8.

BLACEET T. smmi.

Lord ELLEMBOaoucv said, that a case had been
delivered to him in a manner perfectly unusual,
and it must be struck out of the paper ; it put.
ported to be something which had came on at
Guildhall, London—an neti9n for money had
and received ; and the cue stated it was agreed
that a verdict should be given for the Plain.
tiff; but there was no name of the Counsel,
nor any thing else to denote that it had been pre.
pared fur the purpose of taking the opinion of
the Court after argument; it was, in short, a
mandamus by the Attbrnvy, ti the Judges of the
Court of King's Bench, to hear an argument upon
a case, of which they had no historical account.
The course here taken was so wholly devoid of
modesty, that it could not be entertained by the
Court. ifis Lordship said be had taken the trouble
of looking over his book of nisi print, but he
Could find no trace of any sheh case, although
there might be such a thing called on at Guildhsll,
of which he had taken no note; It was, however,
absolutely impossible to suffer such a tuatter as
this to stand for argument, or to keep a place fur
that purpose; nor could it be uri►ccted that the
Judges should afford their diligence in obedience
to the mandamus of an atturneg, before the case
was pot into its rite.: shape ; when put in due form
it might be argued ; but not un the unceremonious
sentence, "it is agreed that a verdict shall be
given for the Plaiutif." Ordered to be struck
out.