The British Press; or, Morning Literary Advertiser. — London, England, 1810-04-12 00:00:00

STAFFORD LE V? ASSIZES. • ItAOL op MI&MOB I. OMNI aid COTTIONLI.. The following cause occupied almost the whole of Saturday sennight : It had excited no income. &weld, interest throughout the county, and, in the'diocussiou, the rights of the Earl of Uxbridge ever the extensive tract of Cannock Chase (fur ouch it not now with propriety be termed) were defined. Toe amens was brought by his Lordship against Charles Cotterell and Henry Birch, for trespass, in coursing upon the common, over which the Piaiiitiif claimed free warren and free chase, and *no onnership of the soil, and to which tres pass the thfendants had pleaded not guilty, and moreover joistitied entering the chase and soil of the Plaintiff, as the owner* of ancient snessuages in the mutter of Cammack, having right to hunt the fox, tile hare, and the roe, aid to hawk with the aparrow.hawk upon the chase. Mr. DAUSCOV, in °peeing the Plaintiff's ease, prefaced his states:neut. by observoug, that the in terest created by the trial of Shill/UV:4I ~,,, of which the crowded appearance 1.1 the C , 'nrt wit s s o strong a proof, was. its his opinion. no fat oinah!e circum stance fur the advocates engaged in it. lie. at all events. could not consider it as such ; for as his address must, from the nature of the case, be confined to a dry detail of written docueneta , , rust • simple statement of facts. ue could nut suppo.e that it would afford to his hearers any rein satis faction or auniseinesit. Ile had, netertheless. ouc circumstance to communicate, which would. lie he • liered, remove from the minds of souse a degree of uneasiness which, however groundless it was, might, he thought, possibly be still entertained. He should not be surpiise.l if there were thorn who, though net immediately interested in the question belore the Court. still felt some alarm at the idea of Lord Uxbndge gaining a verdict ; and each a feeling might have catered the breasts even of the higher sad more exalted characters in tire neighbourhood. Those persons, then, if such there were, would bear with pleasur... mod he took the earliest °poor tnuity of declaring it, (list although his Noble Client posva.eil rg!ati, which, in former slays, were considered of a princely nal iire, he had not the Inlet idea of stretching them one his beyond what the PO MO liberal mind could expect ;—be had no inten tion of exercisiog theta ever the property of others, bill wish mid detenninatiee woe to enoline them to hie own: There was net, said Mr. Dmincey. say wow of doubt. but that the right of free warren emended to the lands of other persons ; but it was a.right which Lord Uxbridge meant nut to insist apon. He had said thus much to remove prejudices which had existed, but. certaioly, oath out the amines' foundation; mail mould new pro ceed to ri statement of the ease. He should pro. dace a grant of free warren, hi the 43d of Henry the Third, and of free chose in the 18th of Edward the 'First, to the then bishop of Coventry and Lichfield, and prove that one of his successors afterwards, with theninseot of the Dean and Chapter. surren dered those franchises to Henry the Eighth, *high that King afterwards granted to Wiliam Page . rhe vise franehtses were selnequently granted by Queen Elleabetbto Sir Paget. a eon of an antecedent Lord Paget : and here it nsigh: be asked, what necessity there existed fur inch a grim. when one bad been before mode to his ancestor? The reason was. that a mem ber of that family hod been anainted, upon th e reversal of which attainder, the gores inside the rant referred to. From that time to the pre tend, the franvhises which were the subject of it s hail contnnted in the family of Lord Ux bridge, cud had bees constantly exercised. Asti ' male cif free clime sad free warren had been inva riably kept. and cousideted in the property of the phs o g o ly. w h o w a s s h e Lord of the differeast ma- IMIVII withia the cheer, and owner of the soil. He would thew that presses of the highest rank in this part of the minty. had coodescended to ask the permission of his client to sport upon the chase; • although copyholders. sod haying property in the manors certainly never entertained the idea that they posarseed rights Wielder to those claimed ley the Defendants, who have designated themselves as obl-bolders—.cotryboldera, marked by certain ammeters distiogu:shing them from otbers--old holden who pee one henot only. though they hold several ineesuages; mid a relief amounting to one yesie chief rent. He should call souses( the Noble men and Gentlemen to whom he hall referred, and bad they claimed any of the privileges set op by the Defendints. they ceriqinly would have exercised these privileges in such tawnier as to leave no doubt of their existence. It was well known how extremely jealous our sweaters were of their rights over game. and s perhaps, it might lie said. that Gentle mot wee! not Ifs so in these days. Had any one of the ancestors of the Nobknseo residing near the chant claimed the rights now insisted upon by the Defendants, and met with say interruption in exercis ing them, he «weld, said Mr. Chauncey, have instantly mounted his horse, sounded his bugle, called toge ther leis retainers, and have door that which Lord Uxbridge. however princely his power. could not is mocha ease hive prevented; hut that which men of the greatest property and highest character would mot venture to do, s woolstapler, at (7snnock, w new esdeavenring to effect. Ile requested the Jury to ask theamelres. whether copyholders. in the Miltuie days to which the Defendants mast look fur the origin of their rights. if any they bad, were likely to possess privileges such as those now elsimod, se much infringing, as they mug have deer. MI the power of the lord ? It was an extra. ortneary circumstance, if such privileges did exist, that so attempt hod Leo made •to establish them triithe year 1810. Bat it mien be asked, was any opportunity of doing it ?—'t es, he would produce a document in the retest of lamest the First, whereby the Lord and cops holder, came to an agreement. which has been wince continued by a .decree aadfse Act of Parliament, wherein the rights of the eopy . belders are distinctly enumerated. and the Lori, in consideration of 1 Owl. paid to him, engages net is disturb them in the exercise of those ✓ights. le that deed, which ass entered into to settle disputes then existing, net a word was to be tined of the privileges now and he should be able to slaty, that a person I.l.l=w• , •iritt the same pi•rpisee, no, "rid by One or the 11-f mr4 riots, was • ;tarty; to it. The cape was now bet ire the Jury. IS berate! 111 1.01:*telv neffssery for 'owl tilbrid g e• !le wss indeed compelled either to allow the nselits claimed by the Defendauthor to bong the it/wit:on forward. To his Lordship's gamekeepers the De. readouts Insisted upon their right orcoorring upou the chase, and there seas nothing left for bite to do but to have recourse to the present action. He should now produce his evideixes aud, looking at the annum (here he held up two immense briefs) which be and his friends had to discharge, he hoped the engagement would neither be w but iior so lung as, from present appearances, these might be imam to expect. The grants merle in the reigns of Edward the First. Henry the Eighth, and gimeis Elizabeth; the agreement between I.oril lie et and the copy holders; mud a decree of Miclittelitris term, 4th James First, confirming the customs enumerated in that ugreenteut, were then given iu 'evidence.— By the latter it was provide 1. iliat if any custom not therein expressed should thereafter come in question, or any doubt shl.nld ariim respecting what was so expressi-d, a jury of cimyholder. should be impannelled to make presentini iit of the saute ; which presentment was to hind both pinties ; mud that the decree should extra! wily to the Com plainants and Defendants, their heirs and uc.sgui., and to copyholders, parties to the hill. The court-rolls of the Manor of Cannock were also produced, to +Mew that ['rimy Birch, one of the Defendants, held some copylsold premises a bleb kinuerly betunged to John Deskiii, r party to the agreement. Mr. Perks, Lord ezbrid Le's stew arti, pioved that leis Lordship keeps deer, aid has set vial rabbit war rens upon the r hair, and It as tut down timber there :—that Ix never he tr.l of any custom for persons to sport without leave, till within the lest tett ye trs :—that he ha•l an untholity front his Lordship to warn per; His off thr chase, and had guvria invitee for that WIT I ithW to the Defendants :-- anti that he 18.1,1 rreeivt he6ots on the sleuth of the late Thumus Anson, Esquire, and other persons. —On his cross-rzamiostion he proved that Thomas Clitibrd. &K rim, took four deer from the chase yearly, of, which he had the whole, includiug the ambles. One of the keepers proved, that the Defendants were coursing tie the chew., in October, 'SOS; and that they said they weut there to assert their rights : and Mr. Cooper, every old man, and who had been keeper many years. proved, that he had frequently interrupted persons sporting upon the chute, and compelled them to desist ; and that he never heard, till lately. of the right now claimed by the De fendants. Lords Curzon and Talhot, Sit Edward Lift'fern, Maroon Walhott,e, and Thomas Motten.haw, Esquires. Mr. Jusrph Wi:lington, Mr. George Watson. and Mr. Pennell, stan.44, that they had always asked le..ve to sport up in the chase ; and that tidy never hear.. till with.,, the three ur four last years, of the right stow claim:A by the De- Two other keepers al►o proved. that they had frequently interrupted persoua spi•rting ; that they had never heard. till late years, of the right univ in sisted upon by the Defendants; and that they had known Mr. Courted to course upon thecoliloloU, with leave of Lord UxbriilKe. Mr. Stlieent 11 ' 41.1.1.1112% then addressed the Jury on the part of the Defendants. Ile raid. that he could not epee with hi. Learned Fried, that the Noble Plaintiff in the cause had displayed auy coo siderable degree of kindness, its his det6matuation to mulles' the exercise of fiee carrels to his own soil. and most he leave to • iy. that whatever the feeliogs of the Nolaltineo and Getitleinee whose pro perty adjoined the common might he, he did not think that they had the /east ground of alarm on the occasion, err were under the smallest 644g:diem to his Lordship, for the seeming lateral, ty part. lie denied that the Plaintiff hat the right of free warren insisted Ullo4a by hii Lentibeil Friend; bat if such a giant had been mode to him, it was only so far back as the reign of I henry the 3d. within w le. t lawyers call the time of legal 'oratory. The Koig„ said the Learared Serjeant, cannot tom grant a free warren in the binds of soother; for such a privilege. in order to be legally exercised. most be supposed to have existed from fore can only be claimed by prescrii,tioa ; for it shall be presumed. that Vie land was vilie:led, re serving the privileges of free. warrens otter it. The care now before the Court was divisible iuto trio ports; the one fur trelms. upon the free warren of the Plaintiff, to which there' was only a plea of net guilty ; the other for lirraking into, anal enter ing his soil or chase. which wits justified by the Defendants. as holders of, 'ancient messit iges in the manor of Cannock. having a right to hunt certain genie upon the chase; but before he proceeded further. he would 'hiske one gettersl observatton epos the ',Mtn' evidence adduced by till Plaintiff, via that if his Lordship hail brought a bushel tof papers, containing grants of free warren, they would be of no avail. unless accompanied by au exercise of the right; and for this reason, that in all grants of manors from the Crown. the words " free warren" were invariably to be found. The inistrimatat therefore was useless, units. an exer ts oftbe mit/ant could he proved. Th,. grant of the Forty-third of Henry, of she right of free war. 1141 40 the Plaiutiff, contained a proviNo " so that it be not within the bounds of our forests." • petIVISO which it was necessary to attend to. Ile did net knew whether it were is eridence t , hot lie woad skew. that Cannock Chase had been formerly a forest; and, had it mot been for the movies he had referred to, the grantee would have had a right of tree warren w the King's forests; and therefore it became neces.ary to insert that pre vise'. it) order that he might not possesa anch tight ; and no subsequent truS.UtififesteliOn Could authorise hiro to exercise it. Tne other grants were, he said. in general terms, and only gueelo Lord Uxbridge's aueestore the tome privileges which had been grunted to the bishop of Cur eutry a,id Lichti I.et us. said the learned Serjeunt. he w ever. deli ne what ■ fret warred is. It i. laid down by law writers to hr " a privilege, which a mai, claims by grant or priscrits. tion, to have beast. of a warren it, Lis laud or de mesnes. its 711r1 to.lhit bane ad /agendum ad ea pleads= quad cal tearrenanas penises." It was a privilege whirl), in fiirmer times, he believed. hod been much exereioal. It would how. he said, be neoessary lot him h. ref. r to an Act of Parlininent, which had paoted in the rriett of Charles 11. which would in • great ste-iwtre d.t away the force of part of th••si truce silt u, ,l for the Plaintiff. By tf at Act of Perlisatent. Lend, of Manors were empowered to appoint their own gamekeerert, §•ince which time it wee the usual eunrse tor gentlemen to auk pezinission to 'molt upon the manors of others.— It was con-idered un iirigintlemanty proceeding to act otherwise ; and, therefore, -it would create uo surprise that the Noble Lords and O. her Gentlemen. who hail been called. should have applied to the Plaintiff fur leave to sport upon the chase. But what, would he ask, did such evideeve atuouut to ? Why to nothing wore than this—that Lord Ux bridge was Lord of the Nlanors. Ile would sub mit that tile grant of free warren in this case sus not an absolute one, but was so qu dined, that it could not be exercised within the forgets. Hr would now 'inward to that part of the case which related to the trespass upon the chase and soil of the Plaintiff. to which there was a justifi cation—that all old-holders, being qualified, had a riy,lit to hunt the hare' within the chase. As to the observation which had been made, of the im probability of cupyholders in former days posies. sing the privileges now claimed by the Defendants. he would only say, that much swore considerable grants from Lords to copyilublers were to he found. lint he would first inqiiire whether Lord Uxbridge possessed the right - of chase. Ile would not say, that the grant of Edward the First did mit give it, but it was, in his opinion. an odd grant, and one which did not confer allot privilege. The construe. tion of grants (men the Crown, and from sub icetin was different : for, in the former, every Wm./ was to he presumed in favour of the Crown, and against the subject. hi tins grant there were no words of .• free clhen.." in the premises of the gratll ; and lee therefore con idered that such franchise was nut intended to be conferred by it. With respect to the esideuce that tic such claim as Ord new insisted upon by the Defendants had been heard of' till within these few years, some answer was undoubtedly necessary to be given to it. lie should be able to *hew, that in the reign of Queen Elizabeth, a cornmireion was directed to H. Giffin", Esq. and others, for a survey of the crown lands in Staffordshire ; cud should prove. that en inquisi tion had been taken under it ; in which, among the customs of the manors of Canhock and lauge ley. it was stated, that the old-holders, if qualified. were at liberty to hunt the foa, the hare, and the roe, and to hawk «lib the sparrow-hawk, upon the chase. What then became of the evidence of the Plaintiff, that the old-holders had never been heard of tell lately, and that it was not till within these few years unit the right now claimed bad been in vivied upon ? Here was an ancient written dawn mew, in which the old-holders were described. and the right now claimed particularly specified ; and he should be able to chew. by evidence, that it had been exertistal. Moreover. he would say, that the right of Mr. Clifford to four deer ennoally. was iccansistent with Lord Uxbridgo's claims.— After malting ot:ier oli.ervatious, the Learned Fier kind concluded a omit able send argarneutotive speech, by expr-.sing his conviction that the Jury would be of opinion that his clients were entitled to a verilici. A grant to the Bishop of Coventry sod Lichfield of the rills of Ilugssley sari Cannock, and seterel grants of (Aces and bailiwicks, over deft q root prim of tke chase, in the reigns of Henry the Third, Richard the Secourt. sod Ilenry She Sixth, were produced to shcw that it was therein described as a forest. A document from the angrneototios Mike was also produced. as contait.ing the particulars of the grant made io the reign of Henry the Eighth to Sir Mr to. Pugs ?. mid to !Inv/ I Ent the wools "free warren" not Aerie,: been included thesein, it could not have been intended to confer such rts vilege by the grant; but the Learned Judge %NIB of opinion. that these particulars referred to a former grant, sod not to the one in tineslion. The layer, purporting to Wan inquisition, refer red to by the loomed Serienut in hi. apereli. was then offered in et..lente ; bat as at w.is not ewer. tinned *Wiser it will au originsil or a copy, or that it had ere, been returned tutu the Exchequer, al though it was proved that oilier inquuitioua 1.1 similar hand-writing were to be found thin., it Will rejected by the 11.. carved Judge Mr. Joseph Stubbs, of Walsal, and Mr. Si tilibt. of Biriningli.mi, G, orge Tooth, Edward Turner, John tlu!ow, --.- Richards, Benjamin IllriAon. and Robert Eaton, were theta called to inure that they mid heard of sod, persona as uld-huldera wavy years ago, and that da-reist peraons reaming co , pyholds in the Manor of Cmitiert: and Rugely. had been tie the li.itbito of couriang upon the chaw.: with out interruption. Mr. DiUMAT rose and stint, 1w was rAlistsied addressing the Court again, when in; ease hut' knots' made out by the Defend:tuts. and, coorequeutiy, there was nothing For him to reply to ; and he there• fore felt it to be his duty to ask, whether or not there was any neces•ily for lout to say a word mine ? 151 ton which some of the Siwt lid Juror. tie. dared, that they were uti.bed tluit the Plaintiff was tntilled to a verdict. The Learned Jenne sail, that the only question that could arise. wan I oposi grant s produced i n ev i. deuce by the n.iutitl, whether the tights of free warieu and free chase were conferees!? The Learned Serjeant, whose accuracy and candour were .ucli. that whatever fell front hunt wet entitled to consi deration, had stated, that free chase was not twin& ell in the premite 01 , •1" the grant of Edward the First ; upon which Mr. DAI4II/.lof stated, that. by * refer ence the grant, it would he &nod otherwito.. Another of the Special Jurors said, that sissy had sun doubt about findine a verdict fur the Plaintiff, hut hesitated whether they should thereby connrin the rights of free warren and free chase chains...l by the Plailitlf. The grants were then referral to, sad after a short address from 11r. DAUNLEV. the Learned Judge stated it to lie his ti.at the right of t►ee warren and fri e chase had heat granted to Lord Uxbridgc's family, and that they had been exer cised in the only way wleth those right• a!m , ited of, and a verdict was then found for the litaiii:lll. In miny of the conyuctsnor fo rtsl.!ter;ca ■t the late Aimee% it has app.-arril that V,. Iliwkre4 anti Pedlar'', alba travel the ( - mown', etee .leale a i.e un,r• heir, nit emu. Ie see t.c.10r,. am; coin wryer& ser RUA ru On Tn. 4:lry, flit' n I th. 4.loret .n. 4 3-per C• nt. re ei , eceet. soul lus o / •n. 1:0 ss, ..1 pTug to the pu!ilie, t:,t 1.... 4. NAVAL INTELLIGENCE. PORTSMOUTII. Sailed the Genposede, 24 Kul's, oith ie for the payment of th e tro o "„ ii . sim Z . the thlterel, IR gun ' Capt. Ably, will, (;, n . t ; ma n ta., on board, for Cadiz: the Lurd Cusilerearu an d Opros Cartk, East liliaga..a, for ana,.., v, soiled under her convoy ; ohm tiie Turiato autla t . leNL sloops of war, ou erui, es . Arrived the Moot frigate. from a mist. Came into harbour the Tntcd tihniu of zzlitouTn, Arm/ •n. Clime in the rrench brig letter or enkr.‘lit Eperiere, from the Isle a France, larks .titk caret!. ttas.iodi g lk.c. prize to the Marren rri.4,4% FAI.MOUTH, APCI Sailed the Arealuso, on a eruive ; the for Cadiz; Leveret, for Plymouth ; Priseeos , 46,, beth Packet, with a 11141 tOr ; owe eels Amelia Packet. with a Mail for Arrived the Ilbrriitox guu-iirig, with a ~,„„e from Plymouth. Ont Arztt. v,. Within these few days our Crllll4lll hors a very but ship under Hatuhurgis colours, 4'414 ! the Asia; she is in Wise. owl *as iletsitted a consequence of the date of her license hAving ex- pined ; she is said to be hound to 11 , 41r.leaut : 'eight Dutch 'whoa*, several of stock hart fish Import!. It type ire. th.it, under the retro* ri tl,e I.ave tilled them a ith tma , wr lle that disgtese hese token some of our. tbrichAnurr droppiiig alongside..l,llAl then lina-eliv a Two small no4t4, containing near 4d) I , alf o f g in and faintly, have also been gent is the Custom-liens. and Excise; it appeartrfroin eamstanees that the urea. came hoax Frautediastsy and only a smill ili.tanxe from n.. TALiN 1 ON AS ilZES.—Fato.ty, Anat. LEWORTII C. TM GLOBE iNSI.IIIANCE COMPANY. This action was tried before Beret' Demiselnd • special Jury. and lasted from Ttitinalay metriv at y o'clock. till Friday morning at ti. 43 our readers meet lie well acquainted, that its si 1143 to obtain for the Plaintiff; the atm of la.g. sa a policy or fire in.urarice , effected with the pad Cowpony. the airsuused value of proper y deem ea on the Plaintiff's premises, oa the Bth of Deena*: 1807. The cause was ably opened by Serje Lea.. olio proceeded to bring wrwavii winve , 4•6„ first. to establish the dispensation from the *dice it tl:e accustomed formal certificate; nost, 1 1 4 1 [01.:V general pond rhasacter, and es i tie appal.. at value of goods en the premises, show the limiter the Ere; and lastly. as to the citrinowswms attending the canflesratiou ; cud the Plainiii - * conduct during the same. Mr. BiJIMOUGUS Lhaving condi' <mealy waved tie subject 'tithe illapen.a.tioi.). made a most aronveiel defence ; tersubstantiate which, lie brought retrai{ witnesses, who circumstantially detailid ea per Plaintiffs general appeamore a poverty dulling eie year preceding the fire, and brought no WOO 4. rm.- sumptive proof* of the premises having been frau -4111,1141y. set on fire. Serjeatit Lees addressed theiary in very furc:f4e terms. and used matey ingenieua gnwearts. 1040. dcaVOUT in invalidate the evidence brought foraall by the Defenilaiite. The Learned .ft env. then nisicrlook the V.-- Fiona NUMlttilly up the toes 01 that had hero brought ficaura—evrirld recommendation. that the dues. should 11 ifbie 'At sultject luta two dostmet giurstio ar• tetsuioe os to th e f rem t u t ent two, :tt,t a few minute. coubuli.ition, tlw.y brought iu r vadat for the Llefrodatnin. The other question. that I.eoeithy h:•d wife( set Isis tireuina.s 011 tire, wa4 attspeumd witiN"t tirr suggestion of the :MI for the Glob% -4 Ma, a.l the Jury acre relieve.' from the Lkt:i.v.l.a.itiuti of that serious charge. The prophetic s i'.* of Nistour, tl , e Aloassc'i- Maile►, so egAi ulna.• hronlretd, ky the thil.ereg rretkivtiolv i wiiteh will be rotted allele' the riot~ of Apr.l for the preset,' year:— ' U Asti Mee mate les.;,lcotlizarations flieMa near Ihs time, so p duals?! 5,., wave t.re, culasiatrOile itat ters•Lll atm nr W•fillet.Y thimeted. 1 ler palt!te groei appear milk • PCA VY am/ otiwosiwees ; and Ow unlade and actions anted ;naives ere e iliwtta,4l•4l. mob.* wed revelmir lilac% will otresiun very Ilig• Stipules" COURSE UP gIi.CII.AN+ Ainstefdatai 33 3 IP U. Ditto al Sid.s 39 7 Ruttsidste e. f is 3 S U. Uaniburgh 3 t 6 ail!. Alton at t tiC.' Paris . Ditto • es 15 Dostrilssus fK Orin ..... 37 E 7. Aisds id •• 1t Bilious •1 Palermo iriA. Par Os tio Naples at titres Pie. Venice N.C Sails. loaf Listens.. GF, FASDAY, AintlL i)pestn. 60, It to Janeiro ;1 (ir3l alai • . ••••• • • LA 1,1 , Wee sl4 Cork I" If I'.f. t. 10%. Portnzal fiolil in ewe iin.l jars r.•r lb.( 4 Furritn f $i Ran 4 4 ".. -.. New Daub Lotto,. New D011ar....... Sliver its Lux.. —" New Louis Apia nee the Put. col a 4; -AL 4 per Cent CUAI. MARKET, Aratt ti Uteri sold. in Cul.. ...... as.. ea to • t ...Stone OW.. ..*.olcit de. _ — iqWs sv 'mucks Tecrotoo. Iwo Cast Reduced . a per Celli. par Ceat s per trot Navy lama A nee isAis . . E%rheipal Bala English Il..ahrry Cumuli for May .... a.: u. , : ir F'• m. ...... 7•• T. MSH. Stockltr..t Cornitill. •m 1 q, I'YnIF !DEATH. On Matti..ley, the Oat alt. after eel, ah. h n" . • ia the ir.tis wit of ace, Joint Fade, ..1 n . _ place, in it.is..en. M.. gird kw. f • !atone, the bulk of ninth deseemts t.. Jahn F o ilt. r ,nt E one of te: hare ef• I f.or eng. 1111:H M.II I Mi. sift. 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