The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-19 00:00:00

WESTERN CIRCUIT.
e--
STAFFORD, JULY 17. DOUCH INTER, MONDAY, JULY 17.
TUE APOTMECASIES. COMPANY re. PEUNVIIOUOII. All the Crown business having been disposed of on aaturday
This was an action brought by the Apothecaries Company night, Mr. Justice GASELEE left town this rimming on his way to
against the defendant, to recover the penalties under the Act of the Exeter. Mr. Justice Lieraenet. E continued to preside at the
s,lth of Geo. Ii I. fur emceeing les an Apothecary without having Civil side.
been regularly apprenticed or examined and admitted by the incur- DOE DEM. WOOD, c LEAK, r. COLSON, CLERIC.
Formed pisintiffe. This wait en action of ejectment tonight by the Rev. Mr. Wood,
me, bleep opered the pleadings. as Doctor of the parish of the Ho'y Trinity, in the borough of
Mr. W• E. tAr N DON stated the case to the Jury. In this cam Dorchester, to recover possession of a certain field, containing two
eam counsel for the plaintiff& who are the Company of the Apo- acres, held by the defendant RA Rector of St. Peter's.
thecaries in hoyden, and though they institute the present action Mr. Jett EMY opened the pleadings.
t 0 greet yet a grt many penalties, when I have proved the case, Mr. Sergeant M terse maid that the field in question was glebewhich t will be my July to establish, I shall be meshed on the land, and had been held for centuries by the Rector of the Holy
pan of my clients with only taking one, which is to the amount Trinity, as belonging to that Rectory. It was now in the posses.
of 201. This action is brought against the defendant, neater an Kinn of the defendant, who held it under a presentation to the Rec.
Act pa ed so recently se the 55th year of his late 31sep sty's tory of St. Peter's. The defendant's claim would be met by prow
rei n. which renders liable to a penalty of 2W. any gentleman who I log that he (the defendant) was not the Rector of St. Peter's; and,
; ?fat as an nonliterary, without having the certificate which if this failed, he should also prove, that even if the defendant were
the Vet makes necemary fur all apothecaries, excepting such per- the Rector of St. Peter's, lie had no right to the land In question,
suns's' have been in practice befor the let of August. 1815. Oen- as it belonged to the Rectory of the 11017 Trinity, of which the
amen, you novo be well aware of the many evils with which plaintiff was the incumbent. To establish his firsCpropostition,
the practice of ignorant pretend, rs to the science of medicine that the defendant was not the Rector of St. Peter's, he should
crave afflicted society ; and with a view to prevent the . prove, by ancient documents of unquestionable authenticity, that,
tierious dimmers which almost daily occurred formerly and ; for a period of more than five hundred years, the Rectory of the
are s•ill occurring, the Legislature interposed with this TOO Holy Trinity had been united with that of St. Peter's, and that the
wholeanrrte Statute. whereby the plaintiffs are entrusted presentation to ti e former was held as a presentation to both. To
with the examination of all persons claimiog to practise as apothe. account for the defendant's having obtained a presentation to the
caries!. and to certify to the public, when they have ascertained it, Rectory of St. Peter's, it was necessary to state that the late in-
the eeperieece and the abilities of persons; and when infor. cumbent of the parish of the Holy Trinity was a Mr. Richmond.
notion -s given to them that any person is practising without going This gentleman was !mown to the Jury, at least by name, as he
through this ordeal, they woted be neglectful not only of the ditty and his wife heel
al yearn ago met their death by the
which they owe to themselves, but of the trust reposed in them hy I fall oe the roof of house dtiring a dreadful heericane. Mr.
the public, if they did not instantly institute such an action as_ the 1 Richmond sea
l& gentlemen of the wastes( respectabilay, but it so
Having skied very Midi, the object of this Act of Par. happened that he was a man of peculiarly quiet and retired habits;
present.
below 's, I shall now very 'shortly proceed to mention the cireum- and the defendant. having conceived that he discovered some flaw
stances which see to be proved let support of this action. The duty in Mr. Richmond's title to hold the Rectory of St. Peter's, as Rec.
of apothecaries consists in accurately making tip the prescriptions of tor of the Holy Trinity., contrived to obtain a presentation to St.
physicians, which, from time immemorial down to the present day, Peter's, and as the perish was small, and Mr. Richmond was ex-
have been written in Latin. To guard against those fatal accidents tremely averse to litigation, lie never contested the defendant's
what) we read of almost every month, it is absolutely requisite right. 3lr. Colson °hulloed the presentation to St. Peter's from n
that the apothecaries should be acquainted with the language in Corporation called " The Guardians of the Free.school and Alms-
which them ereectiptions are written. If they be ignorant of that houses of Dorchester." in whom the right of presentation to the
language, or if they have received an education incompati- union of the Holy Trinity and St. Peter's confessedly lay. Before
be with the following of this profession, they cannot follow he entered into any particulars as to the nature of the docu-
it but with the utmost danger to the health or lives of metals about to be submittal, it was tight to acquaint
mote who may have the misfortune to engage their as- the Jury, that the present occupier of the land in question
amour, Very early in the life of Ala Fernyhougla the was Mr. Mansfield, the defendant's attorney, who had originally
defendant, I believe when he was only eight years of age (his fa- held under Illaßichmond, the late incumbent of the Holy Trinity ;
tier being a farmer, anti I dare say very respectable in that line of but afterwards Mr. Mansfield chose to take up with ale. Colson 's
life) put lam to school with a person who merely taught him read- right, and on being called on to deliver up the possession, he re-
ing and writing, at a rate of from 33. to fat. a week ; so that you I fused, alleging that he held under the Rector of St. Peter's. There
may form some estimate of the chenicter of the education lie re. I was one other circumstance to be Owned, which proved that Mr.
ceived front that circumstance. Ile continued with this school- Colson himself had not always conceived that he had a right to the
memo e suppose, four years, hut not continually, for he was re- field in question as Rector of St. Peter's, for some years ago he ap.
pettedly taken off his studies to attend the plough, and look to plied to the guardians of a certain fund for the increase of small
oilier concerns about the farm, particularly in the times of hay and livings, and it being necessary to state what property belonged to
corn harvest. This was all the etlueotion this gentleman received, the Rectory of St. Pewee, he slated in his return that the Rec-
as far as I ant informed. If he received better, he will be able tory of St. Peter's had no glebe land. However, it appeared that
this day to show it. Having quitted this school, about twelve he had since acquired new information, and having obtained the
years ago, he is next mud to the shop of a Mr. Heap, a augmentation which he desired from the guardians of the fund for
chemist and druggist at Wolverhampton, with whom he re- elite increase of small livings, he now came into Court to defend MS
trained but for a short period. Now, there, undonbt- right to the possession of that land, which he had stated did not
edly, he had an oppormnity of learning how to compound inedi- belong to the Rectory of St. Peter's. The Learned Sergeant then
tines; but he was not regaled, Apprenticed to an apothecary for proceeded minutely to describe the documents, which he was about
fire years.as the Act requires. I mean to say nothing to the die- to produce in evidence, commencing with the taxation of I'epe
paragement of Mr. Heap. the druggist ; but surely you will allow Nicholas, dated so fir back as the year 1219.
that twelve. thirteen, or fourteen months. behind a druggieeit cotta- 3lr. 3la II F.W ET II ea (with whom was Mr. EARLE) for the de-
to, is very diffeeent from meting a regular apprenticeship with an Ancient, had a preliminary objection to make to the production of
established practitioner. In the first instance he went from this the evidence proposed to be offered for the plaintiff Plaintiff's
gentleman to the house of a 31r. Gaunt, for his health, about Counsel proposed to prove that the Rectory of St. Peter's was united
Christmas, 1811, and he quitted him eerly in 1815. In that year. I with that of the Holy Trinity, and that the presentation of Mr.
undeneand, he only attained the age of eighteen. When I say Colson to the former wits not a legal presentation. Now he subs
eighteen, Ido not mean to bind myself up specifically to that age; mined, that the question as to the legal right of presentation to
but caialnlv wanting aeons years to become twenty-one. In the the living of St. Peter's ought not to be entertained by his Lord-
month of May. 1815. be went as an assietant. or journeyman, to ship, but that it :night be tried before another tribunal.
Mr. Sutton, an apothecary, at Yoetel. Ile lived with him until Justice LIT TLEDALE-Was the plaintiff or the defendant first
the death of that gentleman, in the month of July. 11117, and, I be- presenktl?
lives ,d
he continued to live with the widow. Since that Sergeant armor. replied, that the presentation of Mr. Colson
periiel. , however, he has conducted himself as a regular practitioner, took place during the life-time of the late incumbent, Mr. Rich.
and the present action is brought to recover the penalties for every mond
Instance in,which he has exerted himself on his own account, with- 31r. M ...EREWETITEn referred to Crook --Elizabeth, in Imp-
ala betogduly qualified, although I shall only take a verdict for one port of his objection, and again submitted that the question as to
penalty. I will read to you, gentlemen, the letter that he has writ- the right of presentation was for the Spiritual Courts, and could be
ten to my clients, on receiving an application from them on the sub- decided only by a guars imj edit.
jest of the levant complaint against him. Justice Li ler eenetee said lie woold not stop the trial upon a
" Sir-I received yours on the 16th inst., and was much stir- formal objection, winch might be argued elsewhere. Ile thought
pared on perusing the contents. The person who as given the in- the matter might be inquired into in the present action.
font:aim to the Master and Wardens of the Society of Apothe- The plaintiff's evidence was then produced, and consisted of an
aeries respecting my not being duly qualified to practoe as an examined copy or an entry in the survey or ecclesiastical valuation
apothecary, it incorrect. If 1 had been called upon by that per. taken by order of Pope Nicholas in 1291. It stated that the tenth
too, I could anon have satisfied him that I had a legal right to act of the value of the lavish of the Holy Trinity, with the chapel of
as an apothecary, and he would have appeared more like a gen- St. Peter annexed, was gl.
tlernan ; but as the matter es proceeded 10 fur, I beg to inform you, Copies of other entr es and rolls, dated 1303 and 1341, were also
that I was in practice as at apothecary prior to the Act of Parlia. put in. They stated the same sum of Ili. to be the tax on the
mere oasis& for the, better regulation oe Apothecaries in England clitirthes of the Hely Trinity and St. Peter's. The valor cede.
and Wale& I entered into a partnership with a regular medical sitroitors of the Arehdeaconty of Dorchester had snuits to the
gmileman the tint day of June 1815, comer:emir the mewed same effect.
artatee of agreement of co-partnership, which instrument is in my The neat documents were books of the institutions made by the
possession, will clearly prove that lam lewdly authorised to peace Bishops of Salisbury, in whose diocese Dorchester then teas, though
use ae en apothecary. Therefore your informant is in as error in it is now in the diocese of Bristol. By these books it appearal
suppoeing that I was not duly qualified." that all the institutions from 1303 down to 1540, were of one and
Iliac Gentlemen, is the letter so far, but here he offers a bonus the same rector to the churches of the Holy Trinity anti St. Peter's.
to my clients, if they will discontinue this action. By an inquisition taken at that period, it was leund that the
Mr. Jeatris-A bolas you mean, I !suppose.
church of St. Peter's, Dorchester, was dependent on that of the
Ma W. E. TAUNTON munting-A bohre, Gent'ennui, if m 9 Holy Trinity.
Leersted Friend likes it. if dm person does not like to have an 1 An Act of Parliament (the 37th of Henry VIII.) was then
potion against himself, he manifests a dispoeition to wish actions 1 cited. fly the doh motion of chap. 21, it was enacted that all
brought against others by my clients. I will continue to read the I churches them united should continue so for ever.
letter. It was observed by the defendant's Counsel, that the King's
" But I understand there is a gentleman in this neighbourhood, name was not mentioned in this Act, and that therefore the Kicg
carrying on the medical practice, who is liable to the penalties int. was not bound by it.
posed by the said Act. Mr. W. H. Johns, the Demoy Register of the Arcltdeaconry
I am, Sir, your most obedient humble servant. of Dorchester, was men called and produced a register of the
" Yolall, near Lichfield, "J. FERN YHOUGII. usual fees or procurations paid at the visitations by the l'arsons to
" Dee. 19, 1823. the Archdeacon. Them payments were formerly made by die
e• P.S.-I ant not certain whether I have directed this letter Clergy themselves after the visitation dinner, but that was found
right ; it was with difficulty I matte out the signature." to be a very inconvenient way, and now the fees were paid by the
The Learned Counsel concluded by remarking that this letter Churchwardens, The demand for the parishes of St. Peter's and
alone evinced the incompetency of the defendant to write English' the Holy Trinity was :nade in one, and always paid by the Church.
much less to read • limn. wardens of the Holy Trinity. The same person who was Rector
Elisabeth Fox-at am the wife of William Fox. He lives at of the Holy Trinity was also Rector of St. Peter's up to the time
Hadley End, near Voxall, in this county. I recollect the defendant when Mr. Colson was presented.
attending nie in 1817 and 1818. All the family was ill. (A bill Thomas Allen, Clerk to the Bishop of Salisbury's Secretary,
was then shown the witness, end site identified it as a bill that she produced a register (tithe institutions to these churches since May,
had received Gum defendant.) He attended me for a breaking out. 1752. 'l'lle Rev. John Ilubbard was then instituted on the Fescue
Cross-examined by Mt. J envie-I'lle breaking out was the itch. tattoo of the Corporation of the Guardian of the Free-school and
I bare not got it still. He did not cure me ; but I was obliged to Aline-houses of Dorchester, vacant by the death of Dr. W. Lee.
get in the assistance of another gentleman, who did cure me. I ' in 17111, the Rev. Nethaitiel Templeton was presented and in-
here nit paid the defendant yet. Ido not expect that I shall not etituted in the tame tarn,. The next presentaion was in 11113,
have to pay lam if he be cast in this action. when the Rev. 31r Richmond was presented by a Commission from
The bill was here put in and read. the Guardians of the Corporation of the Free-school and Alms-
John Thompson also proved that he had employed the defendant 'lowa's of Dorchester to the Rectory of the Holy Trinity, with the
within the time 'specified by the last witness. Rectory and Free Chapel of Footle Whitfield thereto annexed. In
Jenny Hall mid she knew the defendant well, and believed the 1825, the present plantar was presented in the same form of words-
bills presented to her were all in his hand-writing. They were far Stephen(:ale, sworn- at; :en for two years one of the church-
II h
inofeseional attendance in the years 182'2 and 1823. There wal 00- wardens of Sr. Peter's. Ile lived 50 years in the parish, and recoil.
thing mentioned in them about a partnership with any person. lecteti the Rev. ale. Ternpleson, who., with his Curate, always did
George Ilickley, a schoolmaster. proved that the defendant watt a duty at St. Peter's Chapel. 3lr. Templeson acted as Rector of
pupil of his for about four veers. and paid 4d. or lel. a week. At St. Peer's. Witness knew the field in question. 111 r. Templeton
that time he followed his father's plough. 'al'itness did not teach had that field whilst he was Rector. His horses were often put to
hint Lean, but only the matter of accounts. lye was obliged to graze in the field, and witness has observed them. alr. Richmond
admit, in his crate-examination. that when the defendant left him elm acted as Rector of both parishes, from lel3 up to the preeenta-
he went to a boanlingoahoul at fhaveritige in this county. tam of 31r. Colson. Mr. 'at ood has only acted as Rector of the
Mr. Heap, a druggist, of Wolverhampton, proved that the Holy Trinity, since he catia in 1325.
defendant lived with him merely as an assistant from 1010 to Cross-examined-Mr. lempleson used to come through wit-
-1514. ness's house to the field, the right in which is now disputed.He
On erommxtmination he admitted that the defendant had always came almost every day for neatly 30 years. Witness heul him
the hest opportunities of improving his qualifications to become a say that he becan:e the sequestrator of St. Peter's in the death of
regular apothecary. 3lr. Templewm. Witness at one time became sequestrator of St.
William Gaunt, in apothecary, then gave some evidence against Peter's, in conjurctira with Thomas Randall, now dead. As se-
the defendant, which we refrain front insertirg from reasons that questratori of the parish they took possession of the crop on the
subsequently appear. held now in question. lair. Richmond afterwards became segues-
Several other witnesses were then called to prove that the de- trator, and subsequently Rector of St. Peter's. A person named
fendant bad practised as an apothecary, and diet lie could have no (bombs, and after, a man named Hodges, occupied the field.-
kgal round for so doing. 'They held it of witness's fillow.sequestrator. The field is situated
air. Jeavis then addressed the Jury for the defendant. He in the parish of St. Peter's, and no pare of it is in or even adjoin.
was ready to mote le that the Apothecaries: Company were bound
to see the Act of Parliament complied with which regulated their ing the parish of the Holy Trinity. They bury, christen, and per.
movements. it was quite within the range of possibility, however, ,
landform all other religious rites, in St. Peter's Cowell. It has no glebe
that they might be made the instruments of forwarding the UlidiCi• except the hell in question-it' that beloegs to it. A garden
of about three and a half acres, in the possession of Mr. Pittman,
nue desnets of a rival competitor to the defendent in the small valet is part of the glebe , Trinity.
of of the HolTrinitv.
of Ynxall. It was to be lamented, in this case, that the Apothe-
es' Company had not sooner inquired auto the character of the Re-examitted-After the death of 31r. Templeson, Randall and
cari
witness became sequestrators, took possession of the field, and
defendant. who had been engaged in business on hie own account mowed the grass • but the churelowardens of the Holy Trinity de.
aim tine beginning of 1821. 'I his inquiry, however, was not row Tended the
Randall gave
crop, and they (eremite antl Bendel') gave
instituted by the Company of Apothecaries, but by a Mr. Garner, them tip without witness s knowtedge,.
who was a rival to the defendant in the small village of Yoxall, and _
Illermlilicpitmo Richmond himself became xequestrator, and read himself
who wag the real plaintiff' in the cam. By the statute of Queen into' • "• e
the Church as such. Witness du not know what right alr.
Elizabeth, any apothecaries who riot had
served a regular appreto Richmond had to hold the field afterwards.
tiet-thip were liable to the penalties inflicted by the Act under
which the present action was brought • but that Act was now re. 3lr. Christopher Arden-Knew the field in question, and occu.
pealed. By the new statute of the :tad; of the late King, however, pied it from 1816 to 11123. He paid time rem to 31r. Richmond.
a penalty of twenty pounds was inflicted upon any apothecary who The next evidence given was a letter, written by the defendant
practised without a certificate fromthe regular Company of 'martin. in 1022, applying for an augmentation of St. Peter's, from the
rated Aprithecaelee. But there was &clause of exeliption which ex- Commissioners of Queen Ann's bounty. The letter stated that
eluded those from the penalties of this Act who had regularly prac- there were no tithes nor glebe lands belonging to St. Peter's.
timd as apothecaries before the Ist of August 1313. In such The answers, on oath, to the several interrogatories of the Cottl-
e situation was the client of the Learned Counsel. His Learned missionere put in pursuance of the letter, were also produced as
Friend, by a show of hypercriticism, had endeavoured to bring evidence. They elated, as in the letter, that there were no tithes
forward proofs of the ignorance the defendant displayed in a lettet nor any glebe land belonging to St. Peter's.
he had written, because he bad spelled two or three words without Mr. 11l CREW ErnEst then addressed the Jury on behalf of
an h. This unfortunate defendant was not a classical scholar. the defendant. He confessed he felt the duty that involved on him
Jury were told, because lie had not been examined at tine Apothe. was replete with difficulty. The parties in the ease were clergy_
caries' Hall ; but he hail heen a regular prretitioner tor some years men, and it was most desirable that they should continue on good
previous to the passing of the Acton which this action was founded, terms, anti that no animosity should exist between 111011. The
and that would tam him from its penalties. Learned Sergeant had most properly abstained front anything that
The Learned Counsel then called an immense number of wit- could give rise to unpleasantness between the parties, and he should
nesse:, who proved that the defendant had practised for some time, imitate him by not imparting to his address anything foreign
with much credit to himself, previous to the posing of the Act ; to the case. There never was a question which required more the
also that he had been a partner of a regular practitioner previous to undivided attention of the Jury to facts. The real question wax
the ,amhe Period ; and several of Mena swore that 31r. Gaunt, whether the lessor Wood had made out to the Jury that he was
0 T.tne".l for the plaintiffs, could not be believed on his oath. entitled to the land in question. The case was one in which it
Alf. I'ACNTON eloquently replied. was too much to expect the clearest possible evidence. Ile admit.
Mr. Justice BultROUGm charged the Jury; and after retiring ted that there were some doubtful facto' in the case, mane that left
for a short time, they found for the defendant. uncertainty on the mind; but though this fact and another were
The verdict wait received with partial applause. uncertain, there was enough to incline the male when the Jury
A came respecting mat-treatment to a lunatic, which wee tobe produced for the defend-
, . in poseession of the evidence to
of
have been tr were
. tol here, has been made a imam. It excited in- ant. lie would produce a document antecedent to any those
finite Llama. produced In. ti:': aleintiff, elikii would prove Ow in the' reign of

OXFORD CIRCUIT.