The British Press; or, Morning Literary Advertiser.
London, England, 1810-04-12 00:00:00

forward. To his Lordship's gamekeepers the De.
readouts Insisted upon their right orcoorring upou
the chase, and there seas nothing left for bite to do
but to have recourse to the present action. He
should now produce his evideixes aud, looking at
the annum (here he held up two immense briefs)
which be and his friends had to discharge, he hoped
the engagement would neither be w but iior so lung
as, from present appearances, these might be imam

to expect.
The grants merle in the reigns of Edward the
First. Henry the Eighth, and gimeis Elizabeth;
the agreement between I.oril lie et and the copy-
holders; mud a decree of Miclittelitris term, 4th
James First, confirming the customs enumerated
in that ugreenteut, were then given iu 'evidence.—
By the latter it was provide 1. iliat if any custom
not therein expressed should thereafter come in
question, or any doubt shl.nld ariim respecting
what was so expressi-d, a jury of cimyholder. should
be impannelled to make presentini iit of the saute ;
which presentment was to hind both pinties ; mud
that the decree should extra! wily to the Com-
plainants and Defendants, their heirs and uc.sgui.,
and to copyholders, parties to the hill.
The court-rolls of the Manor of Cannock were
also produced, to +Mew that ['rimy Birch, one of
the Defendants, held some copylsold premises a bleb
kinuerly betunged to John Deskiii, r party to the
agreement.

Mr. Perks, Lord ezbrid Le's stew arti, pioved that
leis Lordship keeps deer, aid has set vial rabbit war-
rens upon the r hair, and It as tut down timber
there :—that Ix never he tr.l of any custom for
persons to sport without leave, till within the lest
tett ye trs :—that he ha•l an untholity front his
Lordship to warn per; His off thr chase, and had
guvria invitee for that WIT I ithW to the Defendants :--
anti that he 18.1,1 rreeivt he6ots on the sleuth of
the late Thumus Anson, Esquire, and other persons.
—On his cross-rzamiostion he proved that Thomas
Clitibrd. &K rim, took four deer from the chase
yearly, of, which he had the whole, includiug the
ambles.

One of the keepers proved, that the Defendants
were coursing tie the chew., in October, 'SOS; and
that they said they weut there to assert their rights :
and Mr. Cooper, every old man, and who had been
keeper many years. proved, that he had frequently
interrupted persons sporting upon the chute, and
compelled them to desist ; and that he never heard,
till lately. of the right now claimed by the De-
fendants.

Lords Curzon and Talhot, Sit Edward Lift'fern,
Maroon Walhott,e, and Thomas Motten.haw,
Esquires. Mr. Jusrph Wi:lington, Mr. George
Watson. and Mr. Pennell, stan.44, that they had
always asked le..ve to sport up in the chase ; and
that tidy never hear.. till with.,, the three ur four
last years, of the right stow claim:A by the De-

Two other keepers al►o proved. that they had
frequently interrupted persoua spi•rting ; that they
had never heard. till late years, of the right univ in-
sisted upon by the Defendants; and that they had
known Mr. Courted to course upon thecoliloloU,
with leave of Lord UxbriilKe.

Mr. Stlieent 11'41.1.1.1112% then addressed the Jury
on the part of the Defendants. Ile raid. that he
could not epee with hi. Learned Fried, that the
Noble Plaintiff in the cause had displayed auy coo-
siderable degree of kindness, its his det6matuation
to mulles' the exercise of fiee carrels to his own
soil. and most he leave to • iy. that whatever the
feeliogs of the Nolaltineo and Getitleinee whose pro-
perty adjoined the common might he, he did not
think that they had the /east ground of alarm on
the occasion, err were under the smallest 644g:diem
to his Lordship, for the seeming lateral, ty
part. lie denied that the Plaintiff hat the right of
free warren insisted Ullo4a by hii Lentibeil Friend;
bat if such a giant had been mode to him, it was only
so far back as the reign of I henry the 3d. within w le. t
lawyers call the time of legal 'oratory. The Koig„
said the Learared Serjeant, cannot tom grant a free
warren in the binds of soother; for such a privilege.
in order to be legally exercised. most be supposed
to have existed from
fore can only be claimed by prescrii,tioa ; for it
shall be presumed. that Vie land was vilie:led, re-
serving the privileges of free. warrens otter it. The
care now before the Court was divisible iuto trio
ports; the one fur trelms. upon the free warren
of the Plaintiff, to which there' was only a plea of
net guilty ; the other for lirraking into, anal enter-
ing his soil or chase. which wits justified by the
Defendants. as holders of, 'ancient messit iges in the
manor of Cannock. having a right to hunt certain
genie upon the chase; but before he proceeded
further. he would 'hiske one gettersl observatton
epos the ',Mtn' evidence adduced by till Plaintiff,
via that if his Lordship hail brought a bushel tof
papers, containing grants of free warren, they
would be of no avail. unless accompanied by au
exercise of the right; and for this reason, that in
all grants of manors from the Crown. the words
" free warren" were invariably to be found. The
inistrimatat therefore was useless, units. an exer-
ts oftbe mit/ant could he proved. Th,. grant of
the Forty-third of Henry, of she right of free war.
1141 40 the Plaiutiff, contained a proviNo " so that it
be not within the bounds of our forests." • petIVISO
which it was necessary to attend to. Ile did
net knew whether it were is eridencet, hot lie
woad skew. that Cannock Chase had been formerly
a forest; and, had it mot been for the movies he
had referred to, the grantee would have had a
right of tree warren w the King's forests; and
therefore it became neces.ary to insert that pre-
vise'. it) order that he might not possesa anch tight ;
and no subsequent truS.UtififesteliOn Could authorise
hiro to exercise it. Tne other grants were, he said.
in general terms, and only gueelo Lord Uxbridge's
aueestore the tome privileges which had been grunted
to the bishop of Cur eutry a,id Lichti I.et us.
said the learned Serjeunt. he w ever. deli ne what ■ fret
warred is. It i. laid down by law writers to hr " a
privilege, which a mai, claims by grant or priscrits.
tion, to have beast. of a warren it, Lis laud or de-
mesnes. its 711r1 to.lhit bane ad /agendum ad ea-
pleads= quad cal tearrenanas penises." It was a
privilege whirl), in fiirmer times, he believed. hod
been much exereioal. It would how. he said, be
neoessary lot him h. ref. r to an Act of Parlininent,
which had paoted in the rriett of Charles 11. which
would in • great ste-iwtre d.t away the force of part of
th••si truce silt u, ,l for the Plaintiff. By tf at Act
of Perlisatent. Lend, of Manors were empowered