The British Press; or, Morning Literary Advertiser.
London, England, 1820-08-01 00:00:00

1 there was * real Aden of firer entlonee, the terrier of
1600 being the I nil elommt. To eimatilote a soodas
the remind meet beet been imemeriaL There woo
TITRE CAllltlt. I no anther between IMP me sod the right midi* crow
'Ti,, rottow;oft is a feller areosod than we were able to in' real Motel fowls aver; by OM laPle rd time the
give last week of the impatient now, Ashton and another dearth lost no rights; seed the honks of proof was ow
f•os the part of the parishiossers of Hough on the Hill) r. the 1 lb" ri*killfr", whose demi lealamel of ...g. 6w 111"" a
Afi,n. and Rae. Henry Cunt. ' endue, retested, would rot be essorgh. With reopen to
Mr. %centime-The qmotion 1., whether the moiliecoe . the sikace of the terriers, which had Wen so much
.hall (online,. as they have Lean, or whether the Vicar olaall I dwelt ""c Shi WWl"' "P" whirl/ terrier' were fuliNdell
break through them and exert the tithe in kind? Ry ease. ilisl not call on the Rector or Vicar to make
.may return
Ilene right all tithes helong to the Ilt• nor; she V.e.r VIII as to hi. tithe", but only as to the horadmies of the
glebe. The terriers 100 l no application to the subjett,
c Item only her endowment. fle by ancient nesee and preerrip.
tom. whirls is tantamount to it. Where by lapse of time the mail " inference "r"" to be draw" "1" them either "4"
1 ~,hos.ot of Ilse cuiloom„, is lose, u„iroi usage is all Oise way or the other; because, if any inference whatever was
the Vice' can show for his right ; and therefore he contests of drawn, it must be that the Vicar was entitled to nothing,
This it end it does sot become the Vicar to undervalue it. Tbs. fur °either lithe nor "'ye" was °""Iluft" iii limn' Ift a
.4-994..4.pcmis on what conahteratien you give to an uelen.keu had bee.. said, it VI" excludethe interest of the Vicar to a
models, it was sot less she interest of the Chorebwarders
es:ere-to evertniee co-vying the payment of • roodus farther
and others to introduce it, end every terrier was signed by
hack ibill any which I ever met with in •ny case before. It
i. for yo„ to say whether you wilt reap„t,,,,ch teeth:tiny. or the Vicar mid Churchwardems, sad mime of them also by
will Meek down the presumption which it raises, and that the endemism end perishismers. With respect to the sup-
for the odor of such documents ma I hesitate not to Say posed future views of the clergy, what intnest had the Vicar
may b. round is, every clergyman in the kingdom whose for the time in the fowls of those who 1111eIrtelltil hi.? II
toterest prompts him to seek for them. This Courts have in could "id he the hope of benefiting his owe family, for
IC" was a Chancellor's Beige; abed it was sot competent to
all 'dialler eases reoarded miestioos of this wort Ina as a
a Coon to suppose that it wits fur mere wickedness that he
matter of lew than of fart., mut gnu are the proper tribe,•
nal for noshlishing their valise. You will find that in the omitted that which was proper lu he put in. He (Berjeaat
pot kb ~f
puwies, as far
hack we memory can gni the pay.
VangbaD) dill tut feel interested in proving this•rauk models,
sent. for which I rosteto h.„ ?weevilly. rn„l„, ly, „d nor rely on doing so; but as the parish extended over • dia.
arid of 4,0(14' aeres, the p .yeneeit of 5.1. and Ad. would snake
iosariably been made ; on 01.1 Midnimmeeday every far-
the value of the vicarial tithe $Ol. sir 901. e-year; and it was
mar ha* paid five-pence en acre for his land. in Ilonefe
enormous, therefore, to suppose that the small tithe could
:cadGeiston, and sixpeire as acre for his lands in Bran.
have been 53 or Al an steels) the year 1190; many modelers
don. Ancieat wituesare will prove this of then own intow-
let's. Cu' fifty. or sixty years back, aod will also tell you which set one 331. a. the payment st that period. had been
determined to be reek. The Learned &Anted admitted all
rfat s me of their families have orenpint fur bendeeds
that the witanees hod roved ; beet the lame was not whether
cf y. are. and have transmitted declaration. that the
fur 150 years there had been steels an agreement, but whether
usage has coastantly been the same es it remains un.
broken to the boor of this inquiry. I have, written do. is hid existed ever since 1190? la 1890 the tithe was first
mmitioned in the proper repository of the diocese, and then
roared. also, in their nature the Moistest possible
it was said t., be bet. or 8.1. ao acre. But what did that
against the Clergyman. For a long period the Clergy end
the parishioners have joined in preeentiwg terrier. to lodge Please? why, • composition only; sad the questioo still was,
or the archives of the Bodom's Coned, to show the rights of was that the muse as is 1190? With respect to the returns
the church. Three, it will be borne in mind, are made in the terriers, the 117th canoe directed the Archbishops and
chiefly by the Clergymen himself; and therefore in Bishops to procure returns of all the poronerions of the
all cams of this lied they meet be allowed to be strung church, and portions of tithes lying out of Ike partakes ;
e.ije." a frsimii• him, though they are not ~„„woiiy it wed only to such that atientiou was der. eted, the Bettor
.n when brought forward as evideuce for him ; heennse, being entitled e. of common right to all in the parish; end
although lam not di,posed to detract from the proper it was not until modern times, when the true intent of the
respect due to the Clergy, it must be remembered that yahoo had been forgotten, that tithes bad ever been included
they are but men; and men so strongly 'clewed by the at all in a terrier. The Sea"s why the Vicars had slept
so loog on their rights, oould be found in their backwards
interest' of their own body, that we sever see diem eons-
' mittieg themselves h., admisatins rajodicial to Mime net to enter into • direct craned with their pirethimsers,
interests. Where a clergymeo hods • lung established usage and possibly in their inability lueontesed with the joint purse
which he does not like, nu terrier iniroderees the mention of of" large combined body. Su it might be said of Mr. Hall
it to any considerable extent, or in a way to rejudiee the and others i but the largest vicar was in this respect better
interests of his sureneor• that which is not agreeable is able to advance the interests of the church and to maintain
let.ueineentioard ; nod this will explain the terriers whirls his own right.. He wostlil by 010C11•981119 show • high degree
1 shalfproilece. The first which 1 offer is of she date of of probability and moral certainty in his favour. The firs!
1605. 1. pcofeme• to be a terrier of ell the lands and pus. was the imislimi of Pope Nichols!, made in consequence
sessions of she vicarege of Hough; mid if the Vicar received of a survey in the year 1290 by the Bishops. In ill, the
tithe in keud, it was his duly to mention it in this return to Vicarage was returned at .14 marks, the Rectory at 40
the Bishop.; yet in 1605 no meeslion is made of tithe. I marks This showed the utter impossibility that Ilse Pity-
elver is 19 sliest also as to the moduli ' • bid 111 P reason of mint of 50. sod 6.1. could bee immemorial as the Pleirtiffs
that is obi/Om. ; the mention lard would hive sealed the sub- for their purpose must show it to be. The modes they
rot her ever. The clergyman said to hinseelf, " I will let this alleged must al the period referee el to have existed for up-
. m atter real in obscurity; if I live long enough, I may strop. wards of a censor! : the improbability of which was, that
ate to take advantage of the doubt that 1 can raise by so du. 801. or 90fi the sum they amigsed for the mean tithe only,
inc. or at alley. tits my successor may, and my "Pence now was in itself et that lime the of • Bishoprick. The
wilt be Is, him a joetification fur what be may attempt here. prevent Lord Chancellor, okra observing upon similar eels
-after." In • terrier of 1625 the seme cautious silence is deuce in a case of Bel'en and Mitchell, 11811 said, "It is isl-
e...erred, and or also in several terriers of the last century possible there ran have been taken so much fur one-leolls,
ills tithe is ruentioned-hut 1 shall prove one terrier, made when the value of the whole load in those days could sot
el a time to which the evidence of toy wit will go be so much" In the reseed case it was shown that
link, which does distinctly admit a money payment. The , nine pounds was the value in Pope Nicholas' lime; mid
1.1:.11.0ft is °lnitial'. 'file Vicar, when mentioning this pay- bow could it be supposed that • person could live ten the
' inept, would on the same priuripleof furnishing a record iu Nod it eighty-nix pounds was taken as the small tithe, in
t*.e terrier, bare mentioned all the tithes if be had been ems. addition to the large tithe? The next document was, as
t dell to then, ; and this inference, 1 say, those lobo Ire to Itequisilioa taken by direction of the Crown on the death of
aJrur3te the other side can get over. If no tithe was Queen Jima in 1430, which staled the Queen's lands in
paid, then that money requiem alluded to was most clearly a Hough to yield 2d. fur the great tithe of the arable, 4.1. fur
ma'am" It will be said that ibis is an error. I think it will the meadow. and 3d. for the pasture; yet the Makin&
Le
rowed shat Vicars wire not in ancient limes inattentive maintained that three centuries before ibis very land was
Its their own Wines's. I perceive their wish to shift off in to pay 53. and 6.1. for small tithe only. The third dons.
this case :at liking the small pecuniary paymeiii, they wilt was the Ecclesiastical Survey, the 26th Hear, PM.
lieve cioteavoured by degrees to infuse doubt. I never knew 1655. la this it was said that the Vicar of Heath had
• a clergyman give • receipt in terms fur a osiodes-be says 91. for lambs mud wool; 31. 10s. for oblatious; 10s.
I.Jr tithes, or is some way words his receipt so that no pre- for pies, geese, and hens; Os. Bd. for hay in Braude*,
jui!oo shall humph arise to himself ur his a et. I irevc cheese`and V. fur : mad calves: total, 151. las. BJ. Woolil
e••uleu crumples of persons procuring admistriton to be the Coniniimiosers not rather have said there was s
o, .de by some weak and dependant farmer in the parish, money peysiteat, if that were the feet?-The fourth does:
a t•ieh admissions have been recorded, `and by anal by have menu was a bill is the Conn of Exchequer. filed by Mr.
Oliver, the clergyman, in 1653, against two parishioaers
lovii brought !forward as evidence of the extent of the
. ':110111114.11 rights. Something of the sort will appear to. named Bailey mud Smith, claiming tithe of hay fruni them.
ct iy, well I trust will "sett with the same fate as attends Bailey, ire Isis mower, set forth that its 1561 an agreement
,al .•r frauds before the. tribunal. It is said ina the other had been 'wide with the Vicar fur three tem., fur • Paenseat
',it,. :hat the ancient documents are at variaace with Ilse of Sd. and OJ. au acre is saiisfaction of all tithes. The
1.,V1/Cy Inffilellill we contend for. If, Milted, tier taxation Learned Seejeaut insisted that this evidence, on. oath, was
of ..one Pope shall be set up as ruflicient to controvert all conclusive; fur it could not be supposed that there would
,:.;' I 40111 usage, these all trials like the present 111111° be have betas compositiou fur three years only if there had
us• ie.., for the Judges of the COllll Ulrich &hetet' them have previously bees a composition fur ever ;-and this account.
etc i. evidence within tiweviselyes to serer to, steel it a abaord eel fur the composition nientioned in the terrier of 1690.
to ...pen that they could rend en etch matters (or the The only question fur the Jury, the Learned Serjeaol re.
-ile'e•sion of a Jury. 'I he truth es, that the isubruken prated, was, were they satisfied that this agreement bad ex.
- testimony of usage sue facts is in reason awl its law super. isted from 1190, or bad it its orgia in 1851 as he had ,hews?
E'er to the mot ancient documents; end the Comet repo& The hardship of the case upon those •ho might have per-
il:o.e documents es of link weight reekas something in chased property under an erroneous. underataseling of this
ps•ip IN N usage is incoosisinit with them. Is is maintained matter, was out to weigh so as to deprive the church of ill'
am the other side, that a modes is rank if before-the lime rights- The only object of she permsdani was to have foe-
of Richard 1. the tithe is inure than the valise of the land, nee door. awl soubudy could doubt its being right to wok
TI .:t Is erne; but it does not apply in this case of 5.1. and it, wills refi truce even to the defy he owed to douse who were
61. 811 acre, for If. is Out a rank modus according to the to come after bins. With respect to the interests of his owes
t-c.,ioos of the Courts. The case of these high perorate family, it rather bore otherwise, as those couorcled wish him
it is impossible now to determine. Ouse motive probably would have to pay the increase.
'was. the piety of our arrestors, which in the time of their Mr. Joel COX produced en extract from Pope Nicholas
.awe fur rescuing the holy city from the Mathis, led them in Titration, it support of Seijeant Vseigher's statement.
this way to the payment of more than the tithes sere worth Alm the ingetsitio post Morten of 1436, mid the fieriest-
-Cot is, one luso borrowed of the chinch 1,000 marks to usfical Sweep of 26th Henry VIII.
*qv .p I ' If cur the holy wars, for which he saddled hies- Mr. Woo. Ed. Talleols produced a copy of the bill and
ow with a estuary rent upon hr lands flat mete be recruits answer is she cause Oliver e. Smith and Bailey, as extracted
*bee, regarded in afire mots, but which ill slot !berm fort (sum the Exeheepito records..
held by the Godes to be rank. In the present case lire Crosr.e.ransined-Did out find any trace of the hill and
,eght.suf the perisbiunne will lie proved to have existed mower being dismissed with coats; seither did it appear
eeitorrruptedly for 200 years; mail I hope that the Jury that „y Jerre had bees made.
will think with me that it is imporinut to Ptmetve thrust ale. Jobe Seward proved the survey of Hough to be
.ruler than to respect any speculation of "bat may have 2,177 A. 3et 7p- , • of Gelatine 841 A. I a.. 8 v.; and of
bceu she ancient en igin of the models. Brandon, 941 A. 3 a. 16 v.
. Mm. J olsoie farmer, of Learineham, was bnru at Hough Mr. ecsrmigryi in „ply, „id. his Confidence in a errdirt
'elm the Hill 59 years ago, and had occupied 300 serer se was i d. It was uut the fear of der cause. but the fear
Hooch and Gelstoss--socceeded his father in the farm, also of the Learned Seeje ant that had led to his (Mr. tikerkit's)
occupied it for 62 years, and died at the age of NI. %Ilene brim% insight here. The Learned erejesni hod Not treated
u 111” is lived at Hough, Me. Smith was Veer. soil dens %Ir. the cum, albs plaintiff, as if it woe a weak see ; his gem.
Hall. Witaem mover paid tithes in kiwi. roe dolma, other. turest hie ereemese; his manor., „Id tie lime he land ems.
pneece 'to his kaowledira-thee never llernahl of such • sowed in his address, skewed what he felt on the subject. It
thing; paid fid. an acre fur lands es Hough and Galloon; woo nut by the taxatiou of Pope Nicholas, or the isquisitiow
lied beard his father say dial he Never paid any thing boot Sd. of cyder., Joss, that the rainei of the laud, 'As to hr eats-
-.,.d sloccit was always so; paid the mate as,. to balk Vi. 'ldiom'. Is the time of Richard ii. a 0,0,0,, of pnmsoiro
.13.114 lIIIId more was never demanded; paid mice a rear; heel passed to prevent the cuunionnicstiun of oteurate in-
v. it se., had Iron reseed when oilier p1T601411 paid; the telligruce to the See of Route; and what a• old Quee•
It ~ it.-ii people paid invariably 6.1.; hied heard ohl people might have let her lauds far could have little relation to
"--Y -I "41 ales” 14' it their lime; one 31t-SlmPsms "Id sus their value. 'The Jury one called use by the Deferiadawl to
a.... dad seveu•yeare ago, aged 80. I 'appose all Ilse facts of antiquity; awl it was .eked, how
5? r. Joseph Sempouti, Mr. John Fisher, and Mr. George I could the raise be sot petal/. a year? lie atone, to this, he
1.•,..50n. gave similar testimony. (Mr. /leaden) would say, that in 1535, some than 300 years
ri:. weineioee were uot eross.rxernined ; and Serjeaut I after the ti of legal memory (1190), whim the discovery of
'V statute, rue the Rev. Defendant, said be should otter no i the South American mi is. Mosey the Vllible reign hail
to oleoce to coseinedsci this. ILen-need the nuosinsi value of all pouduche the Wheys... all
51r ScAneete then put in the terriers of 1605, 1625, the there portt„,„ or eh,. perish let for lbi.....Witili respect
1690, 1693, 1697, 1700, 1703, mill 1745. No Ineathen to the Eectesigetical Surrey. it was at the lime of its beileg
of either •es made in siey ut them ; hot in that sit 1890 i taker the interest of .11 vice.. to mot.. Ho it lilies appear of
t i. .c. slid, J. "the Vicar receives Sd. sad Ad. as nos as seseal: value em possible ; awl the . viderceof that dont-
, •oce•orio, " III/fai ilwrefiwe was out toothisive. With respect to whet
Secjelint V•I'619•18. for the D. remised, congratulated she t. criers should cooled*, she tale Dr. Mae, in his leceleelastilk
other side on the iertradoetion of the great p eysirion cut I.aw, had gives ma example: terriers existed befoee
loran the North; &operate disease. squired ti operate that canoe which the LeanserlScijeaut had read, Boa it was
deinedies, and lie man was more likely to save a stoking noturious that they should miser every 'biog. Ile (Mr.
~snobs tbau Mr. al:arlett, though certainly M . Reeder, Scarlet.) had bon Jelsborating • heeler/ lee hissoelf thuuld mot
eils., as& wit" kiss, bad had as moth experience, and produce the hill and sower, a. =skies mon for the Ptah".
.ocuuta biliV Wall quite equal it/ CUlidSlCiil.ll • good . tiffs thou the Defeehlarer ease. In 16112 came that 11111 of
'As far as the patties had travelled lido the evidence is Ale. Oliver. Feeding the lad. and 6J. to he slabbery limy.
clew cause, they were agreed ;it was testy as to the in. merle, he prevailed epos one mats in the parish to make
dere-ace to be. draVin Gum this facts that they disagreed. welt nu asuierer to • bill es shorld give comilmosesee le a
4Jf the payment erf .7/1. awl 11.1. for some time, there was (roue attempt st disturbileg their poymeests i sad haulm(
MU doubt; but ili. y owe trying whellur et was of s., is. complished this, auddieg further was door ir the MIL
co. to •e. *rival as the year 1156, and had coatinued ever This sower wee the moose which me another slay was to
make without diesel-arum. lie the cridtoce produced let the liou out of the toils. If Mr. Olivet bad really mode

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