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 wits so 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 the
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
its 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
phsogoly. who was she 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. ands 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! 1111.01:*telv neffssery for 'owl tilbridge•
!le wss indeed compelled either to allow the nselits
claimed by the Defendauthor to bong the it/wit:on