The British Press; or, Morning Literary Advertiser.
London, England, 1819-08-19 00:00:00

the market ; a hell rings ; the bags are opened,
and the gatherers take the toll in • brass dish. The
bags when tolled are chalked, and if the gram he not
sold on first Jay. it is not tolled again. I rented the
tolls in 1785 and 1804 ; *bevels no public warehouse.
The greater part of the barley is sold in samples.
which barley is tolled at the malt-homes within the
liberties. No burgesses of the town pay toll ; and
there are some " fourpently" or 4* groat bur-
gesses," who are exempt. 1111 payment of 4d. r year,
viz. those in the towtiships of Moreton. Trevitieli,
Trefuniten, Treverclavl, Lly itcliss. Sweeney, Bryn.
Pratregair, Syclityn, Llanforda, Selatyn, Crick-
heath, Blodwell, and Matesbury. Tlwre are four
statute lair*, March 15, May Id. August 15, and
December 10. 1 never received tolls at the gates.
John Jones. 86, lived or rvant to Mrs. Gittimt.
who rented Black Gate. New Gate, sod Willow
Gate. I received the tolls of waggons coming into
town during six years, at Black Gate : Bd. for a
waggon load, 4d. for • cart, a halfpenny for a
horse-load.
Mr. J. Edwards, tolled the market 50 years ago,
with a brass dish; also tolled for Mr. Lloyd, when
Mayor. Every Mayor has the tolls on paying some-
thing to the Lord. On his cress-examination he
said. foot-passengers coming in through the gates
paid a halfpenny fur a basket of eggs, or butter. or
butcher's meat; and the same when going without
grocery : no toll for coals or dung.
IL Salisbury, Esq. 76. was Mnyor in 1786 for
ny,self, and five tutors snore as deputy for others.
I rented the tolls four times. by paying 141. a year
to Earl Powis. Fourteen townships (which witness
enumerated) are exempt from toll, as well as this
burgesses of Oswestry. 1 remember three gatee
standing. Ido not know that Earl l'uwis repairs
the pavements; the streets are repaired by a rate.
John Thomas, 77, lived with Mrs. Gsttins, 56
years ago; she rented three gates. One farmer re-
fused to pay the toll fur his team passing ; but mis-
tress's sow-in-law, at Pool, summoned lon, and
made him pay. I used to take the bridles off horses.
if the owners would not pay. A basket of cheese
or apples pays a penny, butter a halfpenny; iron
bought in the town a halfpenny : does not know
whether grocery is paid fur.
Thomas Richards, 82, stated to the same effect

as the foregoing.
Ann Redrobe, collected four years at the Black
Gate. 1 remember a printed paper issued to
excite farmers not to pay, till which time there
Will no refusal. Mr. Rogers, the Defendant, on
December 3, 1817, told her he would pay no longer,
and desired her to go to Mr. Jameson, as he had
subscribed a guinea in his hands, for the purpose
of trying the question. She attempted to stop
the team, but young Rogers cut the horses and
drove on. But when he had delivered his load,
she took away the back-chain from one of the horses.
On her cro-4-ezatnination, site said she charged id.
for an ass laden with earthenware, and Id. if it ass
china ; Id. for a single bar of iron brought into
town.
Bits. Thomas—On the 3d Dec. 1817, when
Mr. Rogers had pitched three strikes of wheat in
the insrket, lie refused her the toll. She infor►ned
Mr. J. Jones, bailiff of Earl Porno, who also de-
manded it from Rogers in vain. She has not col-
lected any tolls at malt-houses since Jolu► Rogers
and Jameson refused. She had sometimes taken
the value ►+f the barley-toll, such as 4s. or ss. from

the farmer.
Elizabeth Owen collected the tolls at New Gate,
and paid rent 14/. 14a. Whenever resistance was
made, she took the bridle from the person's horse.
Her receipts were sometimes 5/. or 6/. on a fair day,
and ss. or fit., on a market-day.
John Francis has known the gste•toll paid 60
years.
Ann Redrobe, in answer to the Judge, said
there is nut any Isar across where she collects the
toll, nor is her house ou the spot where the gate ori-
ginally stood.
The Plaintiff's case he►e closed.
Mr. JERVI*. for the Defendant, said that the
case. like a piece of shot silk, ban exhibited many
colours. The declaration contained 17 counts,
some stating that the Plaintiff was " Lord of the
borough," others " Lord of the Manor," others
" Lord of the town ;" some claim toll for grain
" brought, pitched, and exposed to sale. and sold
and delivered;" others " for goods exposed to
sale and sold in the town and borough ;" another
for tolls on goods " delivered in the manor."—
The (:unused then quoted Lord Coke's opinion,
that market toll is payable no " goods actually
sold." In 1 Tee. Rep. 160. Toll Traverse is called
a toll on goods passing over lauds of another, and
not lying in a highway or street. And it bust be
proved to have had existence prior to legal
memory, namely. the year 1189. It must also
be proved that the soil is not another's. He ap-
pealed to the Jury .whether these two points had
keen proved. The tint document which had been
adduced was of the date 1302 ; and with respect
to the ed point hr read an extract of a document
of Edward I. 1284, iu which the Morse 'fulls
are given by that King to the " Mayor nod good
men of Osweldstree." for repairing the wells.—
Now, if the the tolls were granted by Edward 1.
to the Mayor, its liB4, how could the Earl of
Arundel the seised with these tolls in 1301 ? nor
is the possession of the two " shops" in Leg-street
any answer to the question. In the stet. We►t. an.
1275, " For the suppression of outrageous tolls and
divers encroachment'," et wimettacted. that unless
by custom time out of mind. " no toll shall Ise
taken on goods before sale." But in this CM ‘e.
1141 is taken before sale. The absolute sovereignty
of an ancestor was attempted to lie shewn, by his
pardoning " Welsh rebels." But as he in that
case assumed more than his right, it muy be pre-
sumed he did so in other instance►.
The Perliasurioary Survey. which had been
brought forward. states. that toils shall Ise on four
fairs, mid on mai kets. Mondays awl Fridays; but
in these tolls usurpations have manifestly crept in.
Mr..lsavls, in an able sal argumentative address,
took a view of the whole evideOce ; and cnutended
that the small expenditure "hewn in the Steward's
acconsits, fur paving Willow Gate, viz. Ns.
iii 1764, and 13s. 9d, in 1767, were nut sufficient
cosisiderations fOr Toll Thorough.
E. Edmunds, Esq. produced from the Records
of the Court of Chancery, in the Tower, a" Grout
al Tolls, I•r King Edward the First. temp. 1339,
to the Baildfs, Burgesses, and good men of Orwul-
desire, to aid to their melon% or potting a ditch