The British Press; or, Morning Literary Advertiser.
London, England, 1822-06-03 00:00:00

LORD SONDE, O. FLETCHER. CLERIC.

Thin was a■ artist's epos s head for 111,01811. gives by the
Defendast to the Plaintiff. The hood recited that the Plain-
tiff was the owner of the advowson of the living of Keller-
iag, is the toasty of Northampton, and that spun the
ernes" ocessiosed by t►e resigsstios of the Refereed
Mr. Kai'''. (who bad been isdemsided by Plaintiff against
dilapidation.), he had presented the Defendant to the living,
epos condition that as moon as either of the two younger
►rothers of the Plaintiff should be qualified to take tho
living, the Defendant would, whine one month after
written notice, resign the same into the hands of the ordi.
nary, is order that the Plaintiff might present his brother
to t►e living; and its default thereof Defendant red
to pay the Plaintiff the sent of 12,0001. The Defendant suf.
feted judgment to go by default, and the case now came
before lbe Joel to a he damages upon a writ of
inquiry.
Me.ISCARLETT (with whom were Mr. Common 1:1111JIMIT
and Mr. Stt.WYK) stated the ease fur the Plaintiff, and re-
presented that the Defendant, s rlergymas of the church of
England, became acquainted with the Plaintiff either in this
country oreiu the Continent, and bad in conaequesce of that
acquaintance been employed as his travelling to.oi. Asa token
of his regard fur the Defendant he wa. pyramided opus to
present him to the valuable living of Yetteriag, wattled
is 1814 by Mr. Knight, dialog the minority of his younger
brothers. Being desirous, however, to provide for nee of
them by means of this living, he stipulated that the De'
readout should only bold the Ilvitag until oar of the bro-
thers had been ordained, sued was qtrslilled to take the redoes.
meet of t►e rectory. To this arrangement the Defendatit
seceded, and as a pledge of the sincerity of his engagement,
he executed the bond in question, stipolatiag, that if be did
not perform it within one month after written request, to re-
gigs the brio( ism the hand. of the ordinary, be would pay
She Plaistiff the runs of 11,0001. la 1814, the Defendant
was accordingly presented, and had, sad still enjoyed the
l.vlsg. 1a 1820, oar of the Pliontiff's brothers having taken
holy orders, sod qualified himself to take the living, a written
exquest.wmis snit to the Defendant to resign, but he declined,
cm the reload that be had beets presented absolutely, sad
that the Wad in question was void for simony. le cease-
quesee of which the present adios was brought, aud the
&admit having suffered judgment to go by default, he wail
wow excluded from disputing the legality of the bond.
The ally question so. war, what damages the Jory would
give. He contended t►at the sum of 12,0081. mentioned is
the bond was to be considered as liquidated damages is ease
of forfeiture, and that She Jury had no alternative but to
give the Plaintiff the whole of that sem. The Plaintiff,
however, was not desirous of taking a farthing of the Do-
frodaat's mosey. All he was amdtiou• Air was, that taw Being
should be vacated, and he was ready to enter into s role of
Court sot to eater up judgment if the Defeudast would K.
sign the living.

The bond we. read, and also certain edmiadeene se to the
Defeadant`o liability. Ho (eidetic", however, was offered of
the valve of the living.
The SOLICIToI-GIIIIIIIIAL (with whom was Mr. LITTLII-
DALE), fur the Defrodint, thought it necessary to state la
jeolilicalion of hie cheat's character, that the Plaintiff had
tonight him, and not he the Plaintiff. Mr. Fletcher had been
poisoned of a valuable coney, sad the Plaintiff peevallod
upon him to accompany him to the Copilots', upon a prim.
mote that he would propene hie, to .she Are living evhdeb
became racial ii hi. gift. Ile did occompasy him abroad,
and on his return the Plaintiff pretested his to the lieing is
question, upon as understanding that be was to hold it milli
the Plaintiff performed his promise. That premise had sever
brew performed, aad therefore the Der...deal thought be had a
right to retain the living moil the engagenteat was Millet
The Learned Solicitor contended, in pellet of taw, that this
bead was void, being contrary to the pulley of the law, which
was hostile to each contracts, and leading to &Wray that
maks which ought to subsist between the clergyman and Me
When a clergyman is presented to • living, he
enjoys it during life, is eeaformity Is that policy which the
law cherished with regard to church property. Thotigh the
Jury were now called upon to assess damage. to the Plaim
tiff, he contended that the amount of the damages mast be
governed by the value of the living at the time the Defendant
was inducted. When he took the reconylitose
was in a most dilapidated condition, and the Defendant was
obliged completely to rebuild it,which he did, at an exposer of
upwards DI 1,4001. Was it to becuatended, therefore, that the
Defendant was to have no ellowatice in respect of this expendi-
ture? There were other deductions tube made. The endow-
ment of this living consisted of allotted land' is lieu of tithes.
Those lands erre now, in rensequesee of the g I per..
sure upon the agricultural inieresta of thereeentry, reduced
so much in value as hardly to be word any Wog. Many of
the teasels were op poor as mot to be able to pay rent, and
Hot less Ikea one-third of the inhabitants were paupers ara
the parish. The lair test of the amount of damages was
what the living was now worth. Mr. Fletcher was now 46
years Of age, and at his time of life, the living was worth
about ten yeses purchase, aid •apposing the raise of the
living to be wraith 5001. • year, the damages ought sot to
exceed 5,000/. He polkaed to offer evidesore whict should
seduce the damvgea to this amount.
Several witnesses were then called for this purpose. The
allotted lends, which constituted the endowment of the It,-
lag, amounted to at 445 acres; pert of which the De-
feud had to bead, end the reatzinder was let mil is different
parcels. The art value of the living was stated bob, 7461.
Mr. Morgue, the Actuary of the Equitable Insurance Office,
stated, that at the Defendant's lime of life the living
was worth leo years purchase ; but that It was wueth
fourteen y. ars purchase, ouppositig a your( man of 24 was
la the immediate proepect of presentation, which, accordiug
to the calculatioe of 746/. would give 10,4441. The Plain-
tiff'. brother was 24 yeas of mice at the time she Defendant
was kw Med to vacate the living. The witnesses repre.
anted the rental of the land at present to be worth tip more
than the poor oaks, which were at 20s is the poised.
Mr. SeattbaTT replied •pou the Defeadaues ease, cod
stilt contended that the Plasasiff was entitled to the whole
penalty fit the bond. If he were at liberty to to into evi
deuce, be could prove that great pin of his Leaned
statrasein was mutual sure particularly that
which respected the aapputied premise of the Plaintiff to
present the Defendant with a living. The Jury would
yridge on which side there was the must cunning in this
transaction ; whether on that of a vomit and inexperienced
nobleman, or of a gentlemau arrived at staid yeses, and pet
sessrd of considerable knowledge of the world. if his
Learned Friend's view of the policy of the law as to church
property was correct, namely, that a clergyman is to be
wedded to his flock fur life, there would be an end to all
church prefrnarrt ; and no clergyman could be advanced to
• biaboprick, If he was to 1,105111 for life in his living.
The 10110 CMS/ JIATICIS, in his charge to the Jury,
mold, that ibey were not at liberty now to enter ink the cos-
oldeemion of the legality or illegality of the bond ; sad
be wssld forbear giving any opinion upon it, until the pro-
per dee arrived, if it should ever arrive. They were to
assume, fur the present, that the bond was legal. In CM-
sidekng the question of damages, they were to leave out of
view the obeervaiion mode mot by the Lesened atonic! for
the Plaintiff. It seemed to bite, that looking to the praise-
worthy object of the Plaintiff is wishing to provide fur his
brother, they woe to consider what the value of the living
was at the time his biother arrived st twenty-four years of
age. sad when he was qualified lir accept the living; be-
comes le that point of view the question of pecuniary value
was to be regarded. They bed beard all the evidence upon
the subject, and they world pronounce such• verdict as the
cm. seemed to ',arrest. They were easily cot buoud to
give the Plaintiff the whole penalty in the hood.
The Jury found a verdict for the and assessed
1 the damages at 10,0001.