The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-22 00:00:00

OXFORD CIRCUIT.

SHREWSBURY, JULY 20.
CIVIL SIDE.
PIGOTT, CLERIC, V. BAYLEY.
The Court was occupied the whole day in this, which was a tithe
cause of no public importance. It was an action brought by the
Rector of the parish of Edmond, in this county, nominally to re-
cover penalties under the statute, for not properly setting out the
rectorial tithes of Hay; and the question was whether, in this pa.
rish, there was an immemorial usage for the Rector rot to take his
tithe of hay, green qua grass, in the tenth cock, but qua perfected
hay in the eleventh cock. or coil, as it is celled in thin county.
There was nothing very particular in the case worthy of notice;
but it so happened, that a huntsman, biloriging to the Rector, was
called as a witness in support of the immemorial custom. This
circumstance excited some remarks, and the `• Parsou'shuntaman"
was harped upon.
Mr. CamPirtral.,.who was for the Rector, thought that such re-
marks as were made might be quite as well left alone; for there
was nothing indecent or improper in a clergyman keeping a pack of
harriers ; and it so happened in this case, that there was immemo-
rially a hospitable usage for the Rector to keep hounds, in order
that his sporting neighbours might be entertained in their leisure.
Mr. Tau NTON altemards remarked that he by no means found
fault with the reverend plaintiff for keeping a pack of hounds. He
,very much admired hunting, because he thought it as noble as it
was a healthy amusement, and he would much sooner be enjoying
that sport at the present moment, if he were a sporting man, titan
then addressing the Jury.
Mr. CAMPBELL remarked that his Learned Friend would be
on the wrong scent.
The Defence then proceeded, after which
Mr. CAMPBELL opened a reply in full cry, which finally gained
" remarked.

possession . _dame.
him a verdict. He reins..._ ~ among other things, thst it was should show the Jury to.. day, that tram the very earliest times.
evident, from our law books, that there was nothing extraordinary respecting which evidence would be collected, the proprietors of
even in a Bishop keeping a pack of hounds • for it was written— Lengstroilulale had exercised the rights appertaining to a royalty.
" So, if a Bishop have hounds, and die, the King shall have them, His Lordship would tell therh, that by the law of the land a
and not the Executor." If his client, therefore, was hereafter royalty of that kind embraced every inferior species of royalty, it-
preented to a Bishopric, his Majesty would take these hounds eluding a free warren. A free warren gave the
.right to the par.
that had been the subject of so many remarks, after his death. [ridges, moor game, and other game of that description. A cheer
gave a privilege to kill deer, and the higher species of game, and
Mr. Baron OARROW, in summing up, remarked that he saw
nothing improper in the plaintiff keeping hounds, fix such a a forest included both the others, and was of toe highest descrip-
practice was one of those simple luxuries which enabled the hos- tion. He should begin by showing to the Jury, that during
pitable gentry of this country to extend enjoyment to their poor as the minority of the Earl of Northumberland, in the reign of
well as their rich neighbours. Edward IL, the King, who had a right to die wardship of
The Jury found for the plaintiff; and Mr. Campbell, on the the great Barons, who held by knight service, had appointed an
part of his client, was content to take a verdict for forty shillings officer to preserve the rights of the chase and arest, and that eel.
only. Mr. Taunton has liberty to move on a point of law. dance would show not only that it had then bees a forest, but that
CROWN SIDE. it had been vested in the Northumberland family. He should also
CHARGE OF MURDER. show, that in the reign of Henry VIII. a similar officer had been
Esther Nos, a young woman, nged eighteen, was indicted for appointed with a salary, and that in his appointment the former
the wilful murder of her new-born male bastard child on the 31s: appointment had been recited. He would also show them, that at
of Max last, at the parish of St. Leonard, in this county. that time Courts, called Swainmote Courts, had been held, and
Mr. RYAN conducted the case on the part of the prosecution. that those Courts were peculiar to a forest. He should then tap.
He stated that the unfortunate prisoner, who now stood at the bar, proach a period nearer their own time, and they would find, that in
charge 1 with a very serious offence, had been in the habit (gesso- the year MOO, the Eeri of Cumberland had granted leases for life
elating with a man named Henry Bower, and they lodged together of the property of which the forest and manor consisted ; sod it
in the house of a Mrs. Lydiard, in the parish of St. Leonard.— would be of great importance for the Jury to attend to
Shortly previous to the day stated in the indictment, Mrs. Lydianl those leases, because in them they would find an express reserve.
observing the increasing size of the prisoner, taxed her with being tion of the forestal rights. It would appear that a few years
pregnant, but she laughingly denied it, saying, at the game time, nfierwards, whilst those leases had subsisted the owners had parted
that if it were so she should soon know it. On the 31st of May with the possession of the fee, and he would give in evidence a
the prisoner went in a great hurry towards the privy of the hoose, counterpart of one of the conveyances, in which they would find a
apparently ill, and accompanied by Henry Bower, her paramour. recognition of the right now sought to be established. It was re.
After some time she came out, and then Mrs. Lydiard taxed her markable. too, that the quit rents reserved on thatocession agreed
with having given birth to a child. She did not deny the alleys. exactly with the rents reserved under the leases. from the year
tion, but confessed it, saying that it had fallen down the privy, Ifenl, op to the present moment, the only part of the soil which
and she heard it thine once. Under these circumstances, the had remained In the possession of the ancestors of the Duke of
Learned Counsel left it for the Jury to say whether the psi. Devonshire had been forty acres, which had been retained for the
soner was guilty or not, of the very serious charge which had been purpose of breeding deer thereon. Since 1718, the keeping of
imputed to her. If they felt thislightest doubt of her intending deer had been given up. hut they would find an important (got,
to murder her unfortunate little offspring, he recommended them viz., that the Hulk,, though not the owner of the soil, had con.
to acquit her of the capital charge; but he thought there would be stonily granted the riat'it of killing game on the waste—a right
sufficient evidence to convince them that she had concealed not only which the Lord of be Manor could not grant, but which wee
her pregnancy but her parturition. grantable only by the person possessing a free warren and chase.
The prisoner being without Counsel, Mr. C. PHILLIPS, with Notwithstanding that, only 40 acres had been reserved, he would
generosity and humanity, undertook her defence. show them that as far back as human memory went the Duke of De.
Mr. Mutt then called files. Lydian], the woman with whom the vooshire had constantly appointed a person to preserve the forestal
prisoner lodged, and she supported the statement of the Learned rights, and that when they had not granted a deputation.
Lounge]. they had given tickets, which entitled the holders to shoot over
Aan guts was afterwards called, who proved that the infant the whole of the proper:y. To the right now claimed there
found la the privy woe full grown and therefore there could not be had only been one instance of resistance before the present, and that
any ground for supposing that the prisoner's case was one of pre- had been made by Mr. Liver, a magistrate of the county, who had
mature delivery. He then proceeded to detail that the child must owned land on a part of the forest. An action had been brought
have been born alive, and gave as a proof of it the long exploded against Mr. Lister, who, after giving the subject a further consider-
and erroneous test of the lungs floating in water. atian, had thought proper to drop his resistance, and the action bid
Other witnesses were called in further proof of the case. never been brought Into Court. The late Duke of Devonshire had
Henry Bowers was called on his recognizances; but did not ap. been in the habit of giving the deputation to the late Duke cf
pear, and they were retreated into the Exchequer. Hamilton, at that time Lord Archibald Hamilton, who in his
Mr. C. PHILLIPS submitted an objection In point of law, that younger days had resided near Lancaster, and to him the right to
as there was no pretence for supposing the capital charge was made grant licenses had been given. The Duke had been a good-natured
out, so it wag equally impossible to conterd that the unfortunate man, anti he had given orders that if any of the tenants wished toe
woman at the bar was guilty of concealing the birth of her child, a brace of birds, they should not be prevented from tat ing them
for it was manifest that Henry Bowers, her paramour, was present but he bad constantly ordered that strangers should not be allowed
at the birth. to shoot. From 1807 to 1818 the Duke of Devonshire had not
Dlr. Justice BURROW:3II overruled the objection, and charged granted the deputation to any one; but had given tickets, with his
the Jury. seal affixed, to his agent, who had given the tickets to those gentle-
She was found Guilty of concealing the birth of the child, and men who applied for leave to shout. It would be proved that per.
sentenced to six months' imprisonment. sons holding those tickets had been in the habit of shooting, not
The trials of the prisoners were concluded at twelve o'clock. over the Duke of Devonshire's land, for he had none, but over the
of horse-stealing, whole forest ; and that no person besides had ever been per-
was' beronrrigiihrt°UnpaLiabrecleiinveed?tdhec°lansvticatewdfulYssentertenace of the law. On mitred to do so. From 111111 the deputation had been granted
being placed at the bar he appeared infinitely agitand. to Mr. Itarnsiden, who had used it in the same way. It
Mr. Justice Bun SOUGH, after placing the fatal black cap upon did sometimes happen that a right of this kind was exercised in
his venerable head, proceeded to pass sentence, He told the pia- harsh and offensive manner, and he allowel that it was most na-
saner that it was the determination of the Judges of the land, in the tural for persons who had perhaps purchased their land without
faithful discharge of the painful duty allotted to them, to stop the being aware of this free warren, to te. I sore at being told that nut
crime of horse-stealing, which had now become so frequent ax to only had another person a right to the game on their land, but that
requite determinate repression. The prisoner had shown, by his they should not be allowed to shoot en their own land themselves.
conduct, that he was unsusceptible of reformation, for it was but But he believed that there was no man alive who was more solid.
two years since he had stood at the bar which he now occupied, tour than the Duke of Devonshire to render the exercise of such a
charged with and capitally convicted of the same offence that had right as little oppressive as possible, and this action had only been
been clearly proved against him opon the present occasion. It be- brought because Mr. bodge. the defendant, had given notice that
came therefore imperatively necessary to make him another terrible he would mist the night, and 'quid only submit to the deeteton of
example to deter other offenders, lie could not hope therefore for a court of law. He admitted that if the land had been granted
any remission of his sentence again—the doom 01 earthly mercy away, and the forestal rights had not he. reserved, or it, when re.
were barred against him, and he had better therefore turn to the ye_ served, they had not for a Crest length of time been exercised, this
ilgious consoler of the gaol in the hope of finding the means to pro- action must fail; but Ito had no d.mbt that the eviden..e ivot.id