The National Register.
London, England, 1818-02-23 00:00:00

MONDAY, !:8, ISIS.

wishing t 9 contend for. - For strict le7Tal pleadings in
the court:: of law, it %vas TlVVessnry that deeds should
he lodged in the court, that the Opposing parting might
haVe iteeess to them. Forty eight years ago, Lord Ke-
nyon, in the east. of Itehl v. llrool.man, ruled, that
instead of the prefoct, it might be aliedgksl that the
4,4 wiis lost or tlestro el by time and accident, and
th.it it•zage would prove it. Lord Kenyon olyeryea,
" And this is (.11 .ne,•essity, hire nu human
prod..nct, can render deeds existing for ever."
incn:nhent on those who o;m ise the truth awl jos-
ti..e of this nohlt lord's oliservation,•to show why a de-
cision that has preserved many
.just rights, should nut
o ptally l e Opp:iea to tit!1;.”:. AIX:111' shown Loth the
!hi: true, ttni tho latter practice of the
Coca:, has groat to str•:.ngthEts and establish the riOtts
of posseF.,ion, awl to attribute to it the be.it
i shall noes prOOV't to discuss tilt% (111,7,•ts of the
lows I.4tativc to tithes odd the rctuodi.s I would

propos..
The ancient made of the prim-Kling for the
r •:.(.wy of thilk`S, WfIS in their own e:Tle•iastieal court.
Nt.lien matter of fall 1M1';0, OW Court of ring's 11..n.e1i
stayed the proceeding till they were decided Dis-
putes arising llitweeti the Eeticsiastical and Law
t.onrts, ns to the e.;oreise of their jurisdietion, the
same came to a solemn bearingb.!fore King James 1.
who decided: ct ids the unanituoug approbation of the
Judles of the hind, that the tioeient law of the Xing-
than should L. abided by ; Magna Charter having pso-
vided, " that no 111;111 141011111 be deprived of his free-
hold, or free custom, but by the jitilgotent of his peers,
or by tis law of the land. This deei:;lost s'ettnis acqui-
esced in for upwards. of years, when by a fiction of
Inv:, the Clergy emmtntheed their proeeeditty.s ht the
Exchequer, by aelittowhdging themselves to be debtors
'.l the King, from the payment of tenths. This things
proceeded ti!l the ease of Garlina mut Pok, 1705,
who, Chid Baron Ward, nod other Barons, held
twe'.vepenee au „mese -for. lay, a rank moans. This
was app.,:aled agaitra, and reversed its the. House of
inttl • held a •good tinslits. In the case of
nn and Shaw, in the- C,uitmon Plots, i 748.
when it was eotwr that t•nipcne.! for meadow-
or picture was rtne:. .erjetint roltield said, he
was so old us to real; caber almost the very begin-
ning the name cf nod: mans. 'That Lore'.
C4ier Baron Ward, was tl:e find that introduced
it ; that 1.4 was a ;.,T4.::it patroa et the c'secgv, and
c their rigiit a .way." Lord Chief J.
" I am afraid, truly, there have been
many eases determined upon the tinning of mai:els.
The fewdr the better ; mid I am glad they are not in
print, tie then tlicy might have misled more thaa
they have ; and be ob:..rves, that the muse-
quil&.! ti.ese (feterminations is to kprive the land-
holders of what they. have flirty pttrehnsed and paid
M osl r..liee I;urnet say•:, Nly brother
has gi vco 411: the history of 0..: 1A• itting of the doe-
trine 01 rank nahitises, in I .ord Chick' harms Ward's
time; and 1 have lost another c.ass ~oiven by a
learned judge, whirls sliews the end of it. See
the case•of Gifford and.\sl-Qbb in the E.:ch.:quer —Cu-
flirtunately this did wit ittive to be the 'canoe. use de-
fence of the Courts of Eqiiity decidid.,:, on matters of
fie, is idledged the prejtidiees of Jurics, their ignorance
if the value of money ill the. time of Richard I on 1:11S
head 1 have an authority that will weigh with this I
and I hope On the Members upposite me--4inean shut
of the present Lord Chancellor, who, In the case of
O'Connor and Co.ike, gives the true and constitutional
answer, " I cannot hold the language that has been
held as to sending this to the prejudice of a jury.—.1,
.jury is the constitutional tribunal of the country, and I
tun not at liberty to suppose it will bef guided by preju%
dice." Now, *Sir, of the integrity and ability of those
who preside ip our courts of justice, a.> one entertains
a higher opinion than I do; but with every deference,
I would ask, is it possible for, them to establish any
rule of discussitm that can DA all cases P Does not
the quality of land as well as locality, prodnce a great
and material difference ; what might be right in one
case, would be quite the reverse in soother, and does not
this form a very material fact far jury to inquire into.
There. is one rule of the Courts of Equity, the grounds
and justice of which I do not eomprehend. In all
eases where the Rector pray; nn issue, a trill by jtirr,
it is granted. Even were the modus such 2S the
Court would sustain. still they send it to a ury.—
Wle'the 4.4niivint should not equally he entitled to
have a trl.ll by
.;,try, is quite incomprehensible to me,

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