The British Press; or, Morning Literary Advertiser. — London, England, 1820-08-01 00:00:00

1 there was * real Aden of firer entlonee, the terrier of 1600 being the I nil elommt. To eimatilote a soodas the remind meet beet been imemeriaL There woo TITRE CAllltlt. I no anther between IMP me sod the right midi* crow 'Ti,, rottow;oft is a feller areosod than we were able to in' real Motel fowls aver; by OM laPle rd time the give last week of the impatient now, Ashton and another dearth lost no rights; seed the honks of proof was ow f•os the part of the parishiossers of Hough on the Hill) r. the 1 lb " ri*killfr", whose demi lealamel of ... g. 6w 111"" a Afi,n. and Rae. Henry Cunt. ' endue, retested, would rot be essorgh. With reopen to Mr. %centime-The qmotion 1., whether the moiliecoe . t he sikace of the terriers, which had Wen so much .hall (online,. as they have Lean, or whether the Vicar olaall I dwel t ""c Sh i W Wl "' "P" whirl/ terrier ' were fuliNdell break through them and exert the tithe in kind? Ry ease. ilisl not call on the Rector or Vicar to make . may return Ilene right all tithes helong to the Ilt• nor; she V.e.r VIII as to hi. tithe", but only as to the horadmies of the glebe. The terriers 100 l no application to the subjett, c It e m only her endowment. fle by ancient nesee and preerrip. tom. whirls is tantamount to it. Where by lapse of time the mail " inference " r "" to be draw " "1" them either " 4 " 1 ~,ho s. o t o f I l se cuiloom„, is l ose, u „i roi usage is a l l Oise way or the other; because, if any inference whatever was the Vice' can show for his right ; and therefore he contests of drawn, it must be that the Vicar was entitled to nothing , This it end it does sot become the Vicar to undervalue it. Tbs. fur °eith e r lithe nor "' ye " was °""Iluft" iii limn ' Ift a .4-994..4.pcmis on what conahteratien you give to an uelen.keu had bee.. said, it VI" exc ludethe interest of th e Vicar to a models, it was sot less she interest of the Chorebwarders es:ere-to evertniee co-vying the payment of • roodus farther and others to introduce it, end every terrier was signed by hack ibill any which I ever met with in •ny case before. It i. f or yo „ to say whether you w i lt reap „ t ,,,, c h teeth : tiny. or the Vicar mid Churchwardems, sad mime of them also by will Meek down the presumption which it raises, and that the endemism end perishismers. With respect to the sup for the od or o f suc h d ocuments ma I h es i tate not to Say posed future views of the clergy, what intnest had the Vicar may b. r ou nd is, ev e r y cl ergyman i n t h e ki ng d om whose for the time in the fowls of those who 1111eIrtelltil hi.? II toterest prompts him to seek for them. This Courts have in could "id he the hope of benefiting his owe family, for IC" was a Chancellor's Beige; abed it was sot competent to all 'dialler eases reoarded miestioos of this wort Ina as a a Coon to suppose that it wits fur mere wickedness that he matter of lew than of fart., mut gnu are the proper tribe , • nal for noshlishing their valise. You will find that in the omitted that which was proper lu he put in. He (Berjeaat pot kb ~f p u w i es , as far hack we memory can gni the pay. VangbaD) dill tut feel interested in proving this•rauk models, sent. f o r which I rostet o h .„ ?weevilly. rn„l„, ly , „d nor rely on doing so; but as the parish extended over • dia. arid of 4,0(1 4 ' aeres, the p .yeneeit of 5.1. and Ad. would snake iosariably been made ; on 01.1 Midnimmeeday every far the value of the vicarial tithe $Ol. sir 901. e-year; and it was mar ha* paid five-pence en acre for his land. in Ilonefe enormous, therefore, to suppose that the small tithe could :cadGeiston, and sixpeire as acre for his lands in Bran. have been 53 or Al an steels) the year 1190; many modelers don. Ancieat wituesare will prove this of then own intow let's. Cu' fifty. or sixty years back, aod will also tell you which set one 331. a. the payment st that period. had been determined to be reek. The Learned &Anted admitted all rfat s me of their families have orenpint fur bendeeds that the witanees hod roved ; beet the lame was not whether cf y. are. and have transmitted declaration. that the fur 150 years there had been steels an agreement, but whether usage has coastantly been the same es it remains un. broken to the boor of this inquiry. I have, written do. is hid existed ever since 1190? la 1890 the tithe was first mmitioned in the proper repository of the diocese, and then roared. also, in their nature the Moistest possible it was said t., be bet. or 8.1. ao acre. But what did that against the Clergyman. For a long period the Clergy end the parishioners have joined in preeentiwg terrier. to lodge Please? why, • composition only; sad the questioo still was, or the archives of the Bodom's Coned, to show th e rights of was that the muse as is 1190? With respect to the returns the church. Three, it will be borne in mind, are made in the terriers, the 117th canoe directed the Archbishops and chiefly by the Clergymen himself; and therefore in Bishops to procure returns of all the poronerions of the all cams of this lied they meet be allowed to be strung church, and portions of tithes lying out of Ike partakes ; e . ije ." a frsimii • him, though they are not ~„„w oi iy it wed only to such that atientiou was der. eted, the Bettor .n when brought forward as evideuce for him ; heennse, being entitled e. of common right to all in the parish; end although lam not di,posed to detract from the proper it was not until modern times, when the true intent of the respect due to the Clergy, it must be remembered that yahoo had been forgotten, that tithes bad ever been included they are but men; and men so strongly 'clewed by the at all in a terrier. The Sea"s why the Vicars had slept so loog on their rights, oould be found in their backwards interest' of their own body, that we sever see diem eons ' mittieg themselves h . , admisatins rajodicial to Mime net to enter into • direct craned with their pirethimsers, interests. Where a clergymeo hods • lung established usage and possibly in their inability lueontesed with the joint p urse which he does not like, nu terrier iniroderees the mention of of" large combined body. Su it might be said of Mr. Hall it to any considerable extent, or in a way to rejudiee the and others i but the largest vicar was in this respect better interests of his sureneor• that which is not agreeable is a b l e t o advan c e the interests of the church and to maintain let.ueineentioard ; nod this will explain the terriers whirls his own right.. He wostlil by 010C11•981119 show • high degree 1 shalfproilece. The first which 1 offer is of she date of of probability and moral certainty in his favour. The firs! 1605. 1. pcofeme• to be a terrier of ell the lands and pus. was the imislimi of Pope Nichols!, made in consequence sessions of she vicarege of Hough; mid if the Vicar received of a survey in the year 1290 by the Bishops. In ill, the tithe in keud, it was his duly to mention it in this return to Vicarage was returned at .14 marks, the Rectory at 40 the Bishop.; yet in 1605 no meeslion is made of tithe. I marks This showed the utter impossibility that Ilse Pity elver is 19 sliest also as to the moduli ' • bid 111 P reason of mint of 5 0 . sod 6.1. could bee immemorial as the Pleirti ff s that is obi/Om. ; the mention lard would hive sealed the sub- for their purpose must show it to be. The modes they rot her ever. The clergyman said to hinseelf, " I will let this alleged must al the period referee el to have existed for up . m atter real i n o b scur i ty; if I li ve l ong enoug h, I ma y s t ro p. wards of a censor! : the improbability of which was, that ate to take advantage of the doubt that 1 can raise by so du. 801. or 90fi the sum they amigsed for the mean tithe only, inc. or at alley. tits my successor may, and my "Pence now was in itself et that lime the of • Bishoprick. The wilt be Is, him a joetification fur what be may attempt here. prevent Lord Chancellor, okra observing upon similar eels - after." In • terrier of 1625 the seme cautious silence is deuce in a case of Bel'en and Mitchell, 11811 said, "It is isl e...erred, and or also in several terriers of the last century possible there ran have been taken so much fur one-leolls, ills tithe is ruentioned-hut 1 shall prove one terrier, made when the value of the whole load in those days could sot el a time to which the evidence of toy wit w i ll go be so much" In the reseed case it was shown that link, which does distinctly admit a money payment. The , nine pounds was the value in Pope Nicholas' lime; mid 1.1:.11.0ft is °lnitial'. 'file Vicar, when mentioning this pay- bow could it be supposed that • person could live ten the ' inept, would on the same priuripleof furnishing a record iu Nod it eighty-nix pounds was taken as the small tithe, in t*.e terrier, bare mentioned all the tithes if be had been ems. addition to the large tithe? The next document was, as t dell to then, ; and this inference, 1 say, those lobo Ire to Itequisilioa taken by direction of the Crown on the death of aJrur3te the other side can get over. If no tithe was Queen Jima in 1430, which staled the Queen's lands in paid, then that money requiem alluded to was most clearly a Hough to yield 2d. fur the great tithe of the arable, 4.1. fur ma'am" It will be said that ibis is an error. I think it will the meadow. and 3d. for the pasture; yet the Makin& Le rowed shat Vicars wire not in ancient limes inattentiv e maintained that three centuries before ibis very land was Its their own Wines's. I perceive their wish to shift off in to pay 53. and 6.1. for small tithe only. The third dons. this case :at liking the small pecuniary paymeiii, they wilt was the Ecclesiastical Survey, the 26th Hear, PM. lieve cioteavoured by degrees to infuse doubt. I never knew 1655. la this it was said that the Vicar of Heath had • a clergyman give • receipt in terms fur a osiodes-be says 91. for lambs mud wool; 31. 10s. for oblatious; 10s. I . Jr tithes, or is some way words his receipt so that no pre- for pies, geese, and hens; Os. Bd. for hay in Braude*, jui!oo shall humph arise to himself ur his a et. I irevc cheese`and V. fur : mad calves: total, 151. las. BJ. Woolil e••uleu crumples of persons procuring admistriton to be the Coniniimiosers not rather have s a id th ere was s o, .de by some weak and dependant farmer in the parish, money peysiteat, if that were the feet?-The fourth does: a t•ieh admissions have been recorded, `and by anal by h a v e menu was a bill is the Conn of Exchequer. filed by Mr. Oliver, the clergyman, in 1653, against two parishioaers lovii brought !forward as evidence of the extent of the . ':110111114 . 11 rights. Something of the sort will appear t o . named Bailey mud Smith, claiming tithe of hay fruni them. ct iy, well I trust will "sett with the same fate as attends Bailey, ire Isis mower, set forth that its 1561 an agreement ,al .•r frauds before the. tribunal. It is said ina the other had been 'wide with the Vicar fur three tem., fur • Paenseat ',it,. :hat the ancient documents are at variaace with Ilse of Sd. and OJ. au acre is saiisfaction of all tithes. The 1. , V1/Cy Inffilellill we contend for. If, Milted, tier taxation Learned Seejeaut insisted that this evidence, on. oath, was of ..one Pope shall be set up as ruflicient to controvert all conclusive; fur it could not be supposed that there would ,:.;' I 40111 usage, these all trials like the present 111111° be have betas compositiou fur three years only if there had us• ie.., for the Judges of the COllll Ulrich &hetet' them have previously bees a composition fur ever ;-and this account. etc i. evidence within tiweviselyes to serer to, steel it a a b aor d eel fur the composition nientioned in the terrier of 1690. to ...pen that they could rend en etch matters ( or th e The only question fur the Jury, the Learned Serjeaol re. -ile'e•sion of a Jury. 'I he truth es, that the isubruken prated, was, were they satisfied that this agreement bad ex. - testimony of usage sue facts is in reason awl its law super. isted from 1190, or bad it its orgia in 1851 as he had ,hews? E'er to the mot ancient documents; end the Comet repo& The hardship of the case upon those •ho might have per il:o.e documents es of link weight reekas something in chased property under an erroneous. underataseling of this ps•ip IN N usage is i n coosisinit with them. Is i s ma i n t a i ne d matter, was out to weigh so as to deprive the church of ill' am the other side, that a modes is rank if before - the lime rights- The only object of she permsdani was to have foe of Richard 1. the tithe is inure than the v a l is e of th e l an d, nee door. awl soubudy could doubt its being right to wok TI .:t Is erne; but it does not apply in this case of 5.1. and it, wills refi truce even to the defy he owed to douse who were 61. 811 acre, for If. is Out a rank modus according t o the to come after bins. With respect to the interests of his owes t-c. , ioos of the Courts. The case of these high perorate family , it rather bore otherwise, as those couorcled wish him it is impossible now to determine. Ouse motive probably would have to pay the increase. 'was. the piety of our arrestors, which in the time of their Mr. Joel COX produced en extract from Pope Nicholas .awe fur rescuing the holy city from the Mathis, led them in Titration, it support of Seijeant Vseigher's statement. this way to the payment of more than the tithes sere worth Alm the ingetsitio post Morten of 1436, mid the fieriest -Cot is, one luso borrowed of the chinch 1,000 marks to usfical Sweep of 26th Henry VIII. *qv .p I ' If cur the holy wars, for which he saddled hies- Mr. Woo. Ed. Talleols produced a copy of the bill and ow with a estuary rent upon hr lands flat mete be recruits answer is she cause Oliver e. Smith and Bailey, as extracted *bee, regarded in afire mots, but which ill slot !berm fort ( sum t h e E xe h e epito records.. held by the Godes to be rank. In the present case lire Crosr.e.ransined-Did out find any trace of the hill and ,eght.suf the perisbiunne will lie proved to have existed mower being dismissed with coats; seither did it appear eeitorrruptedly for 200 years; mail I hope that the Jury t h at „y Jerre h a d bees made. will think with me that it is imporinut to Ptmetve thrust ale. Jobe Seward proved the survey of Hough to be .ruler than to respect any speculation of "bat may have 2,177 A. 3et 7p- , • of Gelatine 841 A. I a.. 8 v.; and of bceu she ancient en igin of the models. Brandon, 941 A. 3 a. 16 v. . Mm. J olsoie farmer, of Learineham, was bnru at Hough Mr. e csrmi g r y i i n „ply , „id. hi s C on fid ence i n a err di r t 'elm the Hill 59 years ago, and had occupied 300 serer se was i d. It was uut the fear of der cause. but the fear Hooch and Gelstoss--socceeded his father in the farm, also of the Learned Seeje ant that had led to his (Mr. tikerkit's) occupied it for 62 years, and died at the age of NI. %Ilene b r i m% i nsig h t here. Th e L e a r ned e r ejesni hod No t treated u 111” is lived at Hough, Me. Smith was Veer. soil dens %Ir. t h e cum , alb s pl a i n tiff, as if it woe a weak s e e ; hi s gem. Hall. Witaem mover paid tithes in kiwi. roe dolma, other. turest hi e er e emese; hi s manor., „ I d ti e li m e h e la n d ems . pneece 'to his kaowledira-thee never llernahl of such • sowed in his address, skewed what he felt on the subject. It thing; paid fid. an acre fur lands es Hough an d Galloon; woo nut by the taxatiou of Pope Nicholas, or the isquisitiow lied beard his father say dial he Never paid any thing boot Sd. o f cy der ., J oss , t h at t h e ra i ne i of t h e l au d, 'As to h r eats -.,.d sloccit was always so; paid the mate as,. to balk Vi. 'ldiom'. Is the time of R i c h ar d ii . a 0 , 0 , 0 ,, o f pnmso i ro .13.114 lIIIId more was never demanded; paid mice a rear; heel passed to prevent the cuunionnicstiun of oteurate in v. it se., had Iron reseed when oilier p1T601411 paid; the telligruce to the See of Route; and what a• old Quee• It ~ it.-ii people paid invariably 6.1.; hied heard ohl people might have let her lauds far could have little relation to "--Y -I "41 ales” 14' it th e ir lime; one 31 t - SlmPsms "Id sus their value. 'The Jury one called use by the Deferiadawl to a.... dad seveu•yeare ago, aged 80. I 'appose all Ilse facts of antiquity; awl it was .eked, how 5? r. Joseph Sempouti, Mr. John Fisher, and Mr. George I cou ld t h e ra i se be sot pe t a l/ . a yea r? l ie atone , t o this, h e 1.•,..50n. gave similar testimony. (Mr. /leaden) would say, that in 1535, some than 300 years ri:. weineioee were uot eross.rxernined ; and Serjeaut I a f ter t h e ti o f l ega l memory (1190), whim the di scov e r y o f 'V statute, rue the Rev. Defendant, said be should otter no i the South American mi is. Mosey the Vllible reign hail to oleoce to coseinedsci this. ILen-need the nuosinsi value of all pouduche the Wheys... all 51r ScAneete then put in the terriers of 1605, 1625, t h e t h ere port t„,„ o r e h,. per i s h let f or lbi.....Witili respect 1690, 1693, 1697, 1700, 1703, mill 1745. No Ineathen to the Eectesigetical Surrey. it was at the lime of its beileg of either •es made in siey ut them ; hot in that sit 1890 i taker the interest of .11 vice.. to mot.. Ho it lilies appear of t i. .c. slid, J. "the Vicar receives Sd. sad Ad. as nos as seseal: value em possible ; awl the . viderceof that dont , •oce•orio, " I II/fai ilwrefiwe was out toothisive. With respect to whet Secjelint V•I'619•18. for the D. remised, congratulated she t. criers should cooled*, she tale Dr. Mae, in his leceleelastilk other side on the iertradoetion of the great p eysirion cut I.aw, had gives ma example: terriers existed befoee loran the North; &operate disease. squired ti operate that canoe which the LeanserlScijeaut had read, Boa it was deinedies, and lie man was more likely to save a stoking noturious that they should miser every 'biog. Ile (Mr. ~snobs tbau Mr. al:arlett, though certainly M . Reeder, Scarlet.) had bon Jelsborating • heeler/ lee hissoelf thuuld mot eils., as& wit" k i ss, bad had as moth experience, and produce the hill and sower, a. =skies mon for the Ptah". .ocuuta biliV Wall quite equal it/ CUlidSlCiil.ll • good . tiffs thou the Defeehlarer ease. In 16112 came that 11111 of 'As far as the patties had travelled lido the evidence is Ale. Oliver. Feeding the lad. and 6J. to he slabbery limy. clew cause, they were agreed ;it was testy as to the in. merle, he prevailed epos one mats in the parish to make dere-ace to be. draVin Gum this facts that they disagreed. welt nu asuierer to • bill es shorld give comilmosesee le a 4Jf the payment erf .7/1. awl 11.1. for some time, there was (roue attempt st disturbileg their poymeests i sad haulm( MU doubt; but ili. y owe trying whellur et was of s., is. complished this, auddieg further was door ir the MIL co. to •e. *rival as the year 1156, and had coatinued ever This sower wee the moose which me another slay was to make without diesel-arum. lie the cridtoce produced let the liou out of the toils. If Mr. Olivet bad really mode LINCOLNSHIRE ASSIZES. • ~~ a esmpegitisku for lies* pees, boa tang Ise to. flea bill get It midi witbis the lisle ?' arby. the thin evoke for itealf—oit wee M etilhisims with ills Balky that it was Mine. There w so diensiseebe-me siesere--bist • mere 101 and•anereer. At the mod of the three years the bar gaits was toss why did be see demand tithe is kited theft ? If disposed to be at the expense of • bill in equity before the three yeses mere owl, why did be not ells rwards resew it ? Could any thing tweak mom plainly than his awl Gluier so ? The elegy alone bad this privilege, that their shicsoneets from ineunehno So incumbent were made evidaire for ilianseltres. The hook of a Rector IN hie well Wrilltre was 'videos., is favour of his successor. An Masser of this swot had occurred to Mr. Seal. tt in • leis/ wherein the 'Hos. Mr. Thorium, son of the late Bishop of Durham, and sheet Reetor of (lvester-la•Str‘et, had Sled a bill, and 'video= was Riven on 88 6885 85 in the pretest case; but there was is that trial one impor tert book, is whirl, was the writing of two Archbishop., and which book costained Priimere of tithe so kind having once kern paid. It was received in evidence; on which Mr. Scarlet( mid, a What Mr you allow it to grim better as it grows older? Those venerable petiole, Archbishop Ssiteroft arid Archbishop Seeker did nut think their informatioa of valor In their time, nr why should they let it sleep and take may a composition?" The Noble Defendant •Rerwardo streaker! the Learned Colima for the light in which he had put the subject, and declared himself a. perfect convert to his view of the setting. SI if all the Vieais slept on Mar Villas, the present respect able Defendant should not receive Owen, as being like old cheese or old wine, mole ripe sod good by age, though at brat unlit Sir use. It was judging wrongly M human rights to allow things to get value by time, in eases like this, where corre.pondisg proof was wasting. Though the ulaseitrity of a reamer pa iod it might be impossible to trace she fraud which at 'lest attended a Heim, nod which at the lime might Lave been apparret. lath lolll'years of enj.iyment, it was too mach to try to ail Ilee Gierellia• knot which preced ing Vallee Mold not untie. Clergymen were very unwilling to treat any composition as • modals ; bu( if this wus • mere eonspositina or esonect with each parishioner, Mw came the Vicars to remise of the sons as cloy had ammo( the fathers ? The right of the Vicar must risher be a moduli binding on all Vicar,, or a rent from year to year, and changeable from time to lime: every succeeding tenant gave the Vicar a right of breaking the contract, which yet did not appear in any case to have been broken or changed. The tilmentatims that Vicars were not forward to try the cam, was watnie--witivess Mr. Oliver. And their want of pecuniary memo wee no impediment, for there never haul been a Vicar or Rector with • clear right, who could 111.1 find to assist him a lawyer willing to be reimborsed out of the advanisee that should arise from sureesefully asserting that - right. The Court above had ant thought She documents of the Defendant conclusive; and it rested with She Jury to decide whether they would prefer evidence to conkctore, usage to antiquity. Jr this payment.bad looted 200 years, it was just to say that it lasted in all legal meesery, and should not lie overturned by dusty miinieneeds. The Court were joidirs of written evidence, but they seat hi the Jury to judge of farts. The Jerry 1111.1 - P the feint Niboaal, and the Learned C,onnsel would nut believe that they would by their verdict set aside rights that had existed fur 909 years. Chief Baron Ittcossos—N This is an issue directed by the Court of Eselleetmer to try whether Mr. Cast Is entitled to the small tithes is kind, or only to a customary payment. Mr. Cast filed a bill claiming to he retitled to tithes in kind, and the Judge thought the best mode of administering justice eras to refer the question to a Jury, and sow you are to decide it. There is nu doubt that as View he is initial to all, unless the other parties can *hew- that he is entitled only to a moans of Rd, per sere (including the hay) in Brandon, and sd. an acre (including the kay) in the other parts of the parish. The question to consider is, has the payment alter sl to be a mottos existed se long na since the lime of Rithard the First ? If the Minimal began since, it is nut a legal wedus. The payment eielity.six postale; it is not, however, complained of as rank, but only as being a ternstuable agreement, see commencing so rally as the lime mentioued. I toe no reason to impute fraud to the Vicars from the silence in She terriers; but you will ray. In 1690 the terrier speska of o composition ; and from the Mal testimony certainly wq . may say that composition has continued ever aims. The questions is, slid It arise in the lime of Richardl. ? mot as you cannot have positive evidence up to so remote a dole, you must draw your in ference of older time from what appears in mote mod•!en.— The tniatiost of Pope Nicholas is not mutt. 10 be relied on without some corroboration, lost still it has alw•ys been re ceives' as evidence. The Inquisitio post Aimless, iii 1436, does not state that the laud described is in this parish, but merely says in "lough, as connected with the Priory of 'lough, held by the Quern, sud that there arr 200 art es, worth beyond reprises ta. sii acre. We cannot know what the reprises sere. Great credit' is due to this inquisition, as itsg on with, but you total say what the waiting of it is Then the Evangelical Survey of Hrery Vllll. is rviihisce always ad. mined, it speaks of the tithe of lamb sod wool, and situ r things, to the amount of 151. 16s. 8.1. These documents art nut very accurate probably, but they ore wholly iseonsistent with the modes. toil will say what credit is dote to them in opposition to She great tinily of parole evidence which is ter strong as parole evidence can be. With rapeet to the bill and answer, the mower is evi. deuce, avid very strong evidence. You are told it is fumed so long ags as 1632, sod you will say whi their it has bees got up by the fraud and collusion which have been sug gested. The answer is ow oath, amid rays that at Lady its), 1651, the Vicar, Mr. Oliver, dill make ass agrecaneot fur tithes for three years. Nuthiag noire is heard on the subject, and iii 1693, the terrier is signed by • clergymaa named Pool, mid Oliver does not appear satin. Willi throe obis rvatiuns, Gestiesses, I kayo the case entirely to you." V' edict fur Plamtiffsi mialgeohl•fi tite modus. WILTSHIRE SUX.VER ASSIZES. SALISBURY, JULY 25. CHAN PIM, r.IIIIIIPITER AND OTHERS. SPECIAL JURY. The Plaiatiff in lint ease was Thomas Stemmer Champ nc)a, Fail., of Orcherdkighltionow, war Front., in 11w county of Somerset; nod the Defendants were Nathaniel Messiter, a wool-staptir mad banker a 1 Frame, mod his two sons, George Measlier an attorney s also of Frunie, and John Meunier, a wassember, of the mine place. The adios was (Sr assesli sad false imprisonment, and the damages were laid at 5,0001. It appesead from the amStrisomfMr.Setjeaut Pell, which wits borne out is euidetree,..lbet the Plaintiff, who had lung bees a may of the lest babies/in the county, who was a ma- ' girlish., and who bad sues bees a an of (potence, had, by a course of imprudence, bacons {evolved in a most distress ing state of embsearesnent, the natural corisrquesoce of or hieh was, lhat Orchardleighlsonee became a very frequent resort far these fangs of the law. ?slept bailiffs, and the still far ther necessary coontrownce of procuring bail. Upon an ar. rest for measly 1,0001. the Defendant Nathaniel Messiter, iu- Retlter with • Sir. Chislett, istellie bail for the Plontiff, and it . was upon the saireradering of the Plaintiff by the Defendant Nathaniel limiter that the masa of action arose. Mr. Chanspreors, to avoid being lakee into execution spoil two Willi of rapier ad sedialarleadras, had on the 23d Fe bruary last left Orehardleigh.hoose. in Sontersetshire, and w.at to the Block Il u g Ilia. si litauderwick Cominos, in Wiltshire. (hi the $lll her Defradasst Gorier Sinsitec, the attorney, wade his appearaacs at the Black Dug, and, net wailing fur any aresuiscersest,Celluseol the servant iMIEI the roma • here Me. Clisaipasys was, by whom he was re ceived with great civility. la a shut time after the De resident Nations, Mennen ano.elinei aid, as the servant of Mr. Chawp.eys drpsevel, tonne the room with swan viols -he, le lay held of the l'lshotilr. Mr. Cliasspeitys, hopeless of seresar, own up-his mind to the surrender, it long ssinsined That be was to be taken directly to lab., ihe.uq Washiness in order so be delivered to the ..nostudy of the Ilerveal.sf the Kisses Bench; but he expressed a greet neshaves fo he taken iota say part of fin meaty et Ilsoinwi, allsirlas as • tsbsulto his Senn- WIPE nf the *gm 'Ole of es. OM being owl soloist him. In Warr Is ate visse lbs Inapiesiirs fess. upoa that head, Mr. Geroge ileum* puldesed da.lulu gr its in questiuo vet .f . ip .., NAVAL 11VTELLI4ENCE. _~___ . lE.Oil d ind his Pocket, and, deelui•g they had newer been out of his own pmfaeseion. " vowed to Goa that they *Wald not be ex. witted." Aware that he had eita alternative, the Plaintiff made up his mind to posted to 1.1/01100, bait reeptested that he might have the meal which had bees prepared for him. This was deuied ; but the !Molehill' at she same lime was in. formes!, that he could have every refreshment at the Angel lan, or Warminster. Rut it i. nerespary to go hack a littler—On the rime morning the aitetidanee of Mr. Williamoon sod his sou-in. law, Mr Ivy, twdufneeorderwhichfeedsnutupon the rat ans but upon the kennels of the land, were requested the Mask Dock, and tlw•y accordingly beeline visible there, and the win, of co. so a ere put into the bawds of Williamisoa, with an " (warier promise that the Plaintiff, as won RS lie was brought ',Otitis the comity of Si menet, should be de livered iron his hoods. Ti. stile 'spoil his 'wry, Mr. Wil liamson proceeded to waylay the carriage as soon as it paned county of Wilts. Under these rift-gemstone's Mr. Champiwys entered • chaise which had been procured from Frame, that chaise having the additiosial accommodatiou of a dickey-box; the chaise having beets wrist for after the arrival of the Mersiters at the Black Dog, and the driver having bees told on his ar rival to set his horses' heads inwards Wirosinstcr, but as io as Mr. C. was secured, to drive as hard as possible fur two mites ou the Frome-road. Mr. Ch•mpnrys was sitcom. psnied iss the Ferriage hy Mr. Ivy, the Sberiff 's ; Mr. George Measlier, the attorney, mounted the dickey-box ; Mr. John Messiter performed the ore foe/snow by Kilian b►- lund ; and Mr. Nathaniel Measlier that of out-rider on horse back. In this way all was proceeding qiiietly, until the horses were turned round to the Frown...road, and then the Plaintiff, seeing how he had been entrapped, put Isis hand upon George Measiter's shoulder, and said, " You traitor, you have entrapped and deceived me; how can I take your word again, as • Gentleman r The Plaintiff tiro became uneasy, and entreated George Messiler to return ; but his entreaties met with nu other reply *ban t lie appearance of au unsheathed dagger and a treat of apply. lug its powers. Maddened, the Plaintiff reached across to the dour nett to the bailiff, and in so doing, his fool, being put against the seat of hie gig -Lux, forced open the door oa the opposite Ode, the bow itself falling at. The next state iu which the Plaintiff was found was that of being half-oat tof the carriage, exclaiming " Murder!" the looters being in the full gallop, and in Ibis way he was dragg. cat till lb. cries of the Rada, who did nut lose his bold, sld,d to those of the Plaiotiff, (waged the carriage at leagth stop. When it had dune so, the Bailiff loosed his Slugs rs, and the Plaintiff fell to the ground, bring immediately seised by Jolts sad George Messiter ; and in a few mo. mews after, the Defesdant, Nathaniel Messiter, the fa ther, rode bark, sad without provocation struck the Plaintiff a violent blow with a black-Moen cudgel we his head, whicis fortunately only demolished the list. Force was then offered to be used to drag the Plaintiff *ace more to the carriage, but be absolutely refused unless his boa, in which was a valuable gold watch, and 501. in cash, was given to him. This the defrodaut, Nat. !limiter, refused, crying," Drag him along, the 'scoundrel, drsfg him along; I have pistols, and will sow them." The more humane bailiff advised Mr. Champiwys to get into the carriage again, upon the former proniising that the lax should be restored. The Plaintiff again got in, and was fixed between Mr. Ivy the Bailiff, and Julio Messiter, who was promoted from the foot-board; and in this way the party travelled till they got about half a mile within the verge of the county of Somerset, when they were met by Williamson, who accosted them by inquiring if "'Squire Champoeys was in the carriage? "Oh, yen," said George Messiter, "be is here." Mr. Williamson then proceeded to take the Plain. tiff in execution upon the very writs which George Measlier Lad vowd So God should nut be executed. Mr. Williamson than took the place of John Messiter, who retreated to his former humble sphere, and in that way the party arrived at IM George Ins, at Frame. The Plaintiff, under these cit.- waa thrown into a violins fever, sad at She end of five days, bylis 'elicitor, Mr. Evill, of Bath, joining is a bond of indemnity to ?lath. Measlier, the Plaintiff was released from his hail, and on the subsequent day was enabled to discharge the writs of ea. as. The coachman and ganae.keeper of the Plaintiff were called upon to swear to the main facts of Ilse ease, as was Mr. Ivy, the bailiff, to explain the circumstances of the journey. On the part of the Defendants Mr. GAISELIte addressed the Jury, contending that the Defendants bad dome nothing more than they were warranted in doing from the attempt of the Plaintiff to escape front a legal custody: and be also called witnesses to prove that Ivy had, al the time Mr. Champoeys was in custody, given a defferesit accusal of the trausaction to a brother bailiff, whim evocations had led him to call upon the Plaintiff with a writ. The evidence of ley was also attempted to be impeached by another brother of the craft, who had arrested Ivy's father, at the Mimetic. of Mr. Measlier, and who said that Ivy declared the taint might come when be might have the opportunity of returning the favour to Mounter. Mr. Srrjeaat PELL, in reply, strongly reprobated the hasn't's and cruelty of the Defendents towards a person already ground down to the earth; and coutendell, in op position to Mr. Gaselee (who had issisted that the sim ple question was, whether She Defendant, Nathaniel Measlier, was jastified in seiz;ng the Plaintiff for the purpose of purreudering him in discharge of bail; for, if he was, he was entitled to take him where he pleav►d), that the evidest purpose was not that which the law allowed, but that the course pursued was oppressively exercised for the sake of eutrapping the iota the county of honterret, in order to make those writs available a bite could not otherwise have been executed; and, far►her, that a most groin assault bad been clearly proved. Mr. Justice BURROUGII addressed the Jury, who, after about tru minutes' consultatiuu, returned a verdict for the Plaintiff.—Damages 7001. JULY 30. Sailed yesterday the Montmorency, IVuod, for Quebec ; mid Lively, Ritchie, foe Smyrna. Arrived today the Hermione, Graff, from Stettin for Boiirdesuz; Anna Sophia, front North Bergen fur Brat; and Orpbens ' from Lando. for Coastantinople. Sailed the Sybille, fur Woolwich; sad Conway, for the Brazils; Lord Sidniouth, Muddle; and Caroline, Taylor, for New South Wales; Asia, Lindsay, for Bengal; Astria, Wilson, fur Virginia ; and Natalia, Mackie, for St. Audero. WILLISOUTU, JULY 25. Arrived the WaketieW, Carter, front Quebec. Arrived elf this port the Athens, Stephenson, bon M. John's, N.B. is twenty-six days, for Landow; and Speedy, Andrew, from Rio Janeiro, itillifty six days, for Lomb's. Sailed the Duke of Marlborough packet with a mail for Lisboa. MARWICK i JULY 30. Arrived the Alliance packet with • unit from Guttealborg. Sailed she Jame packet for ditto, Heary Frieling packet for Hollaud, and Busboy packet for Caxbaves—eadi with a mail. TASIMOVTII, JULY U. The Frodiaghaus, Lsogriek, frost SI. Petersborgh for Lod. Aso, got ou the Cruse Sand lad sight, bet was got of tmillay, soaking as water. Livaitroot., JULY RI. Arrived the Sesennsh,Jason ; and Royal Edward, Holmes, from Choicer Bay; Castirreagh, (genius.; sad Farads, Lennon, front St. Jobs's, N B. • Mors, Aphford, (rein Bar. badoes ; Mariser, Boows ; and Barrett, Taylor, Geo Mira liiirhi. DIAL, JULY SO. Capie pots frost the River yesterday, the Maria, Walker, fur New South Wales, with no convicts on bawd, escorted by a detach...6l of the 411th regimes*. __... . .—_____ ____ PRICE OF STOCICS YESTERDAY. 3 per Ct. lied.... 691 k Batik L. Ana. 18 1.16 3 per C1.C0u5.... 641 A limits 80nd5..23 22 pr. 31 per Cysts... 78 77 Es. Bills, 2.... 3 4 pe. 4 per Ce1 t. .... 871$ Lott. 'rickets.. 214 Ills. 5 per Ct. N. An. 103 thessitua .... i pr. par. 5 per Ceut. scrip.... 9 4 Cous. foe Acc ! • 69 68j MARKETS. CORN EXCHANGE, MOIIDAY.Jutm 31. Our supply of Wheat was roam lute this mornin g F.toex, Kral, sad Suffolk, which wet Wary oak at a do like of is. pet quarter spun all deacriptioos, except per ked plot, which, with difficulty, obtained last hlisuilsy'• The arrivals of Oats Mare been ahisadastt, mad the demsod 'wi ng i n ib eg , th e leo& was raceediscly dell at a sedurrti.,,i or from I. to is. per quarter. White Tease Iteurtx scarce twist fall 2s. per quarter higher. Rowley is 1.1 per Smarter cheaper. la other article. there is no alteration. CURRENT PRICES OF GRAIN. 11 . 4 eat, Kest Jk EntX74s SS* Grey Prue 4l, ac,. ditto lts Ms Small Resits 44. Norfolk ditto "'Os 7thi Tick ditto . En, ei gu ditto 78s (Isis, Potato . Rye 3Bs 42s I Poland fibs 11;11 ley 32s 4%s Malt 654 7Zre Vbute Pam 3fts 441 s &Argil 44s &Os lIMPOkT A TRIM: Ewillits Wheel. 7,636; Bi 16,t1i ; Reams, MO; Pew, Oils 7,690.-1 Fish Wheal. 271 —Ea;glish E1ear.7,151 Feed Oat. Flo,ur. Ivry sack... . , Rape Seed, pry lasi lo • IS LAST WEAK. :arlay, 90:1; Mall, 901; Oat% 76 —Forma %%local, o.Cir,, 0; Marley, 475; 14u. 11.44?. .-Asieriess Flow, 1.950 loorrels• SMITHFIELD MARKET, Monnal, Jun. 31. This market was well supplied this enoruing with 311 de. scriptioas ..f prime raffle: Reef; Shelton, Veal, Park and Lamb, have decreased in price. Ilay. Sirs+, amid Closer, hare also (albs' iu price. The fiellusing is ■ correct stair. meet of the prices and •umbers : To sink the offal per 1101.1 or Ch. 11ecf....45. 0.1. to 24. Head of Castle this day:— Mottos .4s. 0.1. to Ss. 1.1. 'frail. 1 nno i a mb.. b. OA. to 6.. 01. Sheep and Lawtb5....17.91H) Vea1....56. 0.1. to 64. N. Cake! Pork... Ss. 0.1. to 6.. 0.1.1 Pig5.... HAY-MARK ET. • Hay... ....31. 10e. 0.1. in If It.. 0.1. Clover 5l. Os. Ad. so W. 0.. 01. Straw GUILDFORD, .Itlt., 'N. Wheat.rptr Toad - lel Ins to 20! —1 Oats, per quarter ll Ni to 11 144 Beaus, per quarter 2l 24 to 21 104 Pease, per quarter NEWDATE AND LEA DENHA MARKET : . , (By fir Carcass.) Baer .... 3. 8 , 1 to 4. 8.1 Veal 4l OJ to 5. Is Mottos" l 49 41 to 6. OJ Pork 4. Slto 5. Lamb St. OA. to So. OJ. PRICES OF HAY AND STRAW. WHlTreilarlf.. Flay St 31 0.1 to 41 111$4 0.1 Hay.. 4f 0.0.1 to 4/ A. Straw 11 As Oil to 1119 s Oil I Straw.. 11 Pa oi to ins. od cluver 0/00 641.01 Os Oil f Clever al 04 041 to 71 O. 04 PRICE OF RAW FAT, per 111011 C uflir As stated by tke Tallow As stated by the Marlve. 81. Jones's Market. 34 4J Price by Tallow ....3s bid Wkiterhapel Market 3e 6.1 Average...—. 3s GA I'RICE OF CANDLES, From Tallow Chemtiers Hall. Price of Candles, per dozen, 11. 041-1114pelJa,131 OJ. 641. per dozen alloweJ for ready 12100111. PRICES OF TALLOW, SOAP, /Ise. per IP!lb. Tow. Tallow 01. 0,1 ...1 DA / yell.", Soap Ms Yellow Russia 58.0,1 0.1 Mottled White ditto...Us Od —. Od Curd Soap ditto.... 03. Od —• Od Graves 204 us Selling Stag 52s Od —• 04, Good Dregs Ps Os Ditto rusigh..324 Od --s Od PRICE or HOPS, per Cwt. Itiw was. NSW Pant ill. geut ....31 8. to 41 4s Komi .... 31 14s to 4/ 14s Rosso: ..21 18. to 31 144 Sam: .... 81 81 to 4/ ..ts Essex ....3/ Os to 4/ Os FAUX .• 31 10s to 41 Foreskin*, 800, 4110 s 105/ 124.—Ditto, oectood,4/ Os to 4/ 154 MAW BIDES. I Best Heifers awl Steers (per Ordinary.... Rs 0.1 to I• 41 stose).. 2e 10:1 to 3s Ott Market Calf.. Os to 9. rxrh kfitisiliogs 2s Od to Is Id Fats. Horse Os Oil lo Os 01 SHEEP SKINS. JA be.... Shosilisgs PRICE OF LEATHER. Butts, 50 to 561bs each 16J to 191 J per lb. Ditto, 56 to 66111 s each 41d to 11.1 Dressing !lisle' ISJ to 14 1 .1 J Fine Coach Hides . .. Crop Hides 35 to 40 lbs. roc cultism 15J to 174 Ditto 45 to 501 b,.......... 1741 to eoti Calf Skins 30 to 401 bis 624 to 304 . Ditto 50 to 701bs 30d to 364 Ditto 70 to 801bs 474 to 304 Small Seals (Greeuland) 18J to *2J Large ditto Tanned Horse Hides I7J to 194 Spanish Horse Hides COAL MARKET. JULY 31. Ships at Market. Ships Sold. Prier. 58 Newcastle 12 Suaderlatal 1 Welsb Cabo 2 Cioders 1 C.I. DEATHS. Oa Saturday looming, at Islington, is ber 53J year, Mrs. Witberby, widow of Mr. Geo. Henry Witberby, late of Bitelain-laise, Grabill. On Saturday lam at Hadley, Nary, the wife of Joha Newbery, Esq. late last, of the Sawa militia. HIGH WATER THIS DAY AT LONDON BRIDGE. Ifewaitti M after 6. I Itiesirg 61 after T. By his Sakety's ROYAL LETTERS PATENT. LEA KE'S Genuine PILLS. justly fatuous for Coring, he all is *ages, a Certais Disney. Use small Pill is a shwa; and the takieu of ewe Box, le a so. rest Case, will outs ceovinee the Patient of the cortaiaty of his speedy recovery. Welkin can be better coatrivell,soeve sere, or mere cooventeat than this remedy, for such no are obliged to ithlooralut or la sea, u it needs sr coalinesneat ur restruiat of diet; sad SO years experience (is en ester sive practice) hes proved thus it will effect a cum ohs, re peated salivation sod all iiih-r methods avail nothoot. For the Scurvy nod other automat lkoorders„ this NI. diem, hes au its parallel. Upwards of 40,000 persons, of both mea t have been radically cared of the above cruel Di b. erase wields the lasi eight years. Prepared sad sold by the sok Proprietors, T. TAYLOR nod SUNS, Surrows • ; at their beau, No. 9, New Bridge.elseet, in boxes of only Is. Id. each, duty Two back doers sad Rens is the passages at sight. They ue aloo wild by their meat, with copious directions, at Mr. Hr osrri.'s ; r or-Z l o p, 103, Osfoulotreet ; Mr. Dishorweigh%, 7, 11,11. oret.hill, measly opposite the hluenateat ; at Mr. litanies. litleaborgb; Mr. Newbery's, Dublin awl by one penes its every coashlerable town is Great 'Miele sad bested. Advice gratis to persons taking the above, or other of nu Proprietors' Iledicioes. —Glee!' and 811111111111 Weakener, tweed, and letter% peat paid, answered. • 0 . Ste the list poblisbol by tbe Royal Csl of Landes. Petaled see Pobibeed .at Tue earns. Posse sod Toe Gums Oise, No. 117, Strand by C. CURNITELL, of ibe Neeod. .—..b..--.L- ilkillii. _ • ; lIP d la 111 • to C . . . 1 , i '1 i - 1