The British Press; or, Morning Literary Advertiser.
London, England, 1805-03-16 00:00:00

HOME CIRCUIT.
, • •—•11,4•-••
41/141.114STORD, MAUCH 14.
Yesterday the Judges arrived in thie town, and
read their Commission for holding the Assizes ;. and'
this morning they proc-eded to business. The
Calendar is very light, and there is no great deal of
Wines on the Civil Side.

Kent, V. FILLWOOD.
This was an aainn by the Plaintiff, a farmer,
simian the Rev. Mr. Filewood, the parson of He-
diegharn, for not taking off his tythes, by which
the Plaintiff's pasture was injured, and he was
obliged to send his cattle to depasture elsewhere.
Me. Gaaaow, in addressing the Jary, told them,
that in this case they must put their hands into the
pockets of the Rev. Gentleman, Aro was the Defend-
ant, and transfer some of the moony to he found
there into the pocket of his client; and he was sure
the Rev. Gentleman would himself be dissatisfied un-
less they did it, because he was quite certain that
Mr. Filewood, was known to be a lover rf stria
justice, and would certainly wish the same measure
meted against him as for him. He had not the hap-
piness of being one of Mr.Filewnod's parishioners, or
it would have been great pleasure to hearhim descant
upon the text, which he certainly sometimes did, of
o Do unto another as you would another should do
unto you." And if there was any validity in this old
maxim, Mr. F. certainly must wish that the Jul y
should behave liberal to his client, as they would see
by a story or two he a oulti tell them. The Jury, as
farmers, very well knew, that if they did not set out
their tythes, they were liable to an action for treble
the value ; and if, While the tythcs were on the
ground, they put in their rattle to graze, they were
liable to an aCtinii of trespass. Thas far the law
guarded the parson, and justly sa, and in return the
farmer must have a little protection; and if; by the
Sstinaey of the parson, his crop was spoileti, he
Ann also have a little redress. To hr sure, it some-
times happened that die clergyman was annoyed in
the gatherieg of his tythes. Therfwas a CASe re-
corded in the Law books, where a farmer gave notice to
the parson to attend, and take the tythe of turnips ;
the parson and his deputy accordingly attended with
his calf; when he came, the farmer said, " I don't
much like the weather to-day, Master Parson, I shall
only pull ten turnips, and there is one for your
tythe. The pat son, angry, would not take it away,
bnt left it upon the land, And the farmer brought an
anion of trespass, which was tried in Westminster
Hall, an t the Court said they could not approve of
the conduB of the farmer ; yet they said, in strift
law, he must have a verdill, for it was a trespass to
leave it. on the land. He remembered also another
case. of the Parson of Battersea. who, in all proba-
bility, was not so mild a man as Mt. Filewood. nor
se much admired in his neighbourhood. The gar-
de tiers of Batter sea gave him notice that on a certain
dry they would cut cabi,agcs. and required him to
send for his tythcs. Ile sent his waggon at the ap-
pointed time, when they cut ten cabbages, and gave
nt one. The next day they gave notice that they
Would cut again. He thought he would not be
hoassai any more, so lie sent his maid with a basket
fur the tytlic cabbage. They then cut the whole
crop on the sunny side of a hill, and ill the tythe
cabbages were spoiled before he could procure a cart
to takeshean away. However, hi; client bad not aged
in this way, he bad really set nut his oats accord-
ing to notice, but Mr Filew. nd refused to take
- Owns a ray. Ile had ahaady told the Jury
that the Reverend Defendant was an observer of
aria right, and always exacted hrs 01:11 most rigidly,
and must of course be inclined to do stria justice to
every tithe, man. He would just tell them a story
or two, as ha had promised, in order to prove it.
'Then was a fence between the lands of the Plaintiff
and the Reverend Defendant, which belonged to
them both, and both were bound to keep it in repair,
and being most miserably out of condition, the Plain-
tiff thiaight he had better repair it entirely at his
own ezpence, rather than have the parson's hogs
rooting up his crops. He accordingly repaired it
himself, and the Defendant let him goon until it was
quite finished, when he gave him notice that unless
he pulled it all down again,he would bring an action
of trespass against him. It WAS accordingly pulls d
down, and the Parson. finding his hogs continu-
ally in the pound, at his own expence, restor-
ed the fence just in the same state it was before he
made his neigliisour pull it down. Hut, however, be
had the pleasure of ponnding in his turnffor Mrs.
Kemp had a very pretty little horse, which, seeing
snow colts go past mite day, joined them, and, by
way cf fellowship and gond neighbourhood. fol.
• lowed them into the Parson's yard. No sooner did
the latter espy bite, than he called out to shut the
gates, to reap him, and send him to the pound. His
man at first hesitated, and observed, that the hobby
had dose no mischief, and might as well be spared ;
bin his persecutor was inexorable, and the ponce
was sent to the pound, and his master forced to pay
a guinea to relieve him from his imprisonment.
There was another good story, better than all, about
s ,rns carrot iced.
The Learned Jonas here interposed, and said he
was afraid he could not bear evidence of these sto-
ries. Mr. GA a Low certainly told these stories very
pleasantly; but they were not at all available in the
cause.
• Mr. G ARROW then resumed. He told the Jury
he always bowed with respect to the opinion of the
L arned JUDOS, they Would, therefore, in their ver-
diet, give no damages for the potsey and the fence; 1
but they would not abate of the real damages ia
the cause, but give a recompence for the loss of the
clover, and the- inconvenience sustained by the
Plaintiff, in tieing obliged to send his cattle abroad
to depasture. He would not now tell them any more
stories ; but, if he had health and spirits to revisit
them the next Circuit, as Mr. Filewood always bad
a cause, he would then tell them the story of the
carrot seed, which was better than any they had yet
beard.
He then called witnesses, who proved, that the
Plaintiff gave notice to the Defendant to take his
tythe, on the 22c1 of August, but that it was not
taken from the ground until the 10th of September,
and that in consequence the clover was destroyed
under the oat cocks, and the Plaintiff was obliged
to send out twenty-seven head of cattle to depasture
at asiother place, because he could not turn them
in that field. In cross-examination, however, it
Lappemed that the field would not have depaseared
.... tar many days.
)4r. Serjeant lis iiiiiiiiiiiiii that this aBlc