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

a esmpegitisku for lies* pees, boa tang Ise to. flea bill
get It midi witbis the lisle ?' arby. the thin evoke
for itealf—oit wee M etilhisims with ills Balky that it was
Mine. There w so diensiseebe-me siesere--bist • mere
101 and•anereer. At the mod of the three years the bar-
gaits was toss why did be see demand tithe is kited
theft ? If disposed to be at the expense of • bill in equity
before the three yeses mere owl, why did be not ells rwards
resew it ? Could any thing tweak mom plainly than his
awl Gluier so ? The elegy alone bad this privilege, that
their shicsoneets from ineunehno So incumbent were
made evidaire for ilianseltres. The hook of a Rector
IN hie well Wrilltre was 'videos., is favour of his successor.
An Masser of this swot had occurred to Mr. Seal. tt in
• leis/ wherein the 'Hos. Mr. Thorium, son of the late
Bishop of Durham, and sheet Reetor of (lvester-la•Str‘et,
had Sled a bill, and 'video= was Riven on 88 6885 85 in
the pretest case; but there was is that trial one impor-
tert book, is whirl, was the writing of two Archbishop.,
and which book costained Priimere of tithe so kind
having once kern paid. It was received in evidence; on
which Mr. Scarlet( mid, a What Mr you allow it to grim
better as it grows older? Those venerable petiole,
Archbishop Ssiteroft arid Archbishop Seeker did nut
think their informatioa of valor In their time, nr why
should they let it sleep and take may a composition?" The
Noble Defendant •Rerwardo streaker! the Learned Colima
for the light in which he had put the subject, and declared
himself a. perfect convert to his view of the setting. SI if
all the Vieais slept on Mar Villas, the present respect-
able Defendant should not receive Owen, as being like old
cheese or old wine, mole ripe sod good by age, though at
brat unlit Sir use. It was judging wrongly M human rights
to allow things to get value by time, in eases like this, where
corre.pondisg proof was wasting. Though the ulaseitrity
of a reamer pa iod it might be impossible to trace she fraud
which at 'lest attended a Heim, nod which at the lime might
Lave been apparret. lathlolll'years of enj.iyment, it was
too mach to try to ail Ilee Gierellia• knot which preced-
ing Vallee Mold not untie. Clergymen were very unwilling
to treat any composition as • modals ; bu( if this wus •
mere eonspositina or esonect with each parishioner,
Mw came the Vicars to remise of the sons as cloy had
ammo( the fathers ? The right of the Vicar must risher
be a moduli binding on all Vicar,, or a rent from year to
year, and changeable from time to lime: every succeeding
tenant gave the Vicar a right of breaking the contract, which
yet did not appear in any case to have been broken or
changed. The tilmentatims that Vicars were not forward to
try the cam, was watnie--witivess Mr. Oliver. And their
want of pecuniary memo wee no impediment, for there never
haul been a Vicar or Rector with • clear right, who could 111.1
find to assist him a lawyer willing to be reimborsed out of the
advanisee that should arise from sureesefully asserting that
- right. The Court above had ant thought She documents of the
Defendant conclusive; and it rested with She Jury to decide
whether they would prefer evidence to conkctore, usage to
antiquity. Jr this payment.bad looted 200 years, it was just
to say that it lasted in all legal meesery, and should not lie
overturned by dusty miinieneeds. The Court were joidirs of
written evidence, but they seat hi the Jury to judge of farts.
The Jerry 1111.1-P the feint Niboaal, and the Learned C,onnsel
would nut believe that they would by their verdict set aside
rights that had existed fur 909 years.
Chief Baron Ittcossos—N This is an issue directed by
the Court of Eselleetmer to try whether Mr. Cast Is
entitled to the small tithes is kind, or only to a customary
payment. Mr. Cast filed a bill claiming to he retitled
to tithes in kind, and the Judge thought the best mode
of administering justice eras to refer the question to a
Jury, and sow you are to decide it. There is nu doubt
that as View he is initial to all, unless the other parties
can *hew- that he is entitled only to a moans of Rd, per
sere (including the hay) in Brandon, and sd. an acre
(including the kay) in the other parts of the parish.
The question to consider is, has the payment alter sl to
be a mottos existed se long na since the lime of Rithard
the First ? If the Minimal began since, it is nut a legal
wedus. The payment eielity.six postale; it
is not, however, complained of as rank, but only as being
a ternstuable agreement, see commencing so rally as the
lime mentioued. I toe no reason to impute fraud to the
Vicars from the silence in She terriers; but you will ray.
In 1690 the terrier speska of o composition ; and from the
Mal testimony certainly wq. may say that composition
has continued ever aims. The questions is, slid It arise
in the lime of Richardl. ? mot as you cannot have positive
evidence up to so remote a dole, you must draw your in-
ference of older time from what appears in mote mod•!en.—
The tniatiost of Pope Nicholas is not mutt. 10 be relied on
without some corroboration, lost still it has alw•ys been re-
ceives' as evidence. The Inquisitio post Aimless, iii 1436,
does not state that the laud described is in this parish, but
merely says in "lough, as connected with the Priory of 'lough,
held by the Quern, sud that there arr 200 art es, worth beyond
reprises ta. sii acre. We cannot know what the reprises
sere. Great credit' is due to this inquisition, as itsgon
with, but you total say what the waiting of it is Then the
Evangelical Survey of Hrery Vllll. is rviihisce always ad.
mined, it speaks of the tithe of lamb sod wool, and situ r
things, to the amount of 151. 16s. 8.1. These documents
art nut very accurate probably, but they ore wholly
iseonsistent with the modes. toil will say what
credit is dote to them in opposition to She great tinily of
parole evidence which is ter strong as parole evidence can be.
With rapeet to the bill and answer, the mower is evi.
deuce, avid very strong evidence. You are told it is fumed
so long ags as 1632, sod you will say whi their it has bees
got up by the fraud and collusion which have been sug-
gested. The answer is ow oath, amid rays that at Lady-
its), 1651, the Vicar, Mr. Oliver, dill make ass agrecaneot
fur tithes for three years. Nuthiag noire is heard on the
subject, and iii 1693, the terrier is signed by • clergymaa
named Pool, mid Oliver does not appear satin. Willi throe
obis rvatiuns, Gestiesses, I kayo the case entirely to you."
V' edict fur Plamtiffsi mialgeohl•fi tite modus.

WILTSHIRE SUX.VER ASSIZES.

SALISBURY, JULY 25.
CHAN PIM, r.IIIIIIPITER AND OTHERS.
SPECIAL JURY.

The Plaiatiff in lint ease was Thomas Stemmer Champ-
nc)a, Fail., of Orcherdkighltionow, war Front., in 11w county
of Somerset; nod the Defendants were Nathaniel Messiter,
a wool-staptir mad banker a 1 Frame, mod his two sons,
George Measlier an attorneys also of Frunie, and John
Meunier, a wassember, of the mine place. The adios
was (Sr assesli sad false imprisonment, and the damages
were laid at 5,0001.
It appesead from the amStrisomfMr.Setjeaut Pell, which
wits borne out is euidetree,..lbet the Plaintiff, who had lung
bees a may of the lest babies/in the county, who was a ma-'
girlish., and who bad sues bees a an of (potence, had, by
a course of imprudence, bacons {evolved in a most distress-
ing state of embsearesnent, the natural corisrquesoce of or hieh
was, lhat Orchardleighlsonee became a very frequent resort
far these fangs of the law. ?slept bailiffs, and the still far-
ther necessary coontrownce of procuring bail. Upon an ar.
rest for measly 1,0001. the Defendant Nathaniel Messiter,
iu-
Retlter with • Sir. Chislett, istellie bail for the Plontiff,
and it. was upon the saireradering of the Plaintiff by the
Defendant Nathaniel limiter that the masa of action arose.
Mr. Chanspreors, to avoid being lakee into execution spoil
two Willi of rapier ad sedialarleadras, had on the 23d Fe-
bruary last left Orehardleigh.hoose. in Sontersetshire, and
w.at to the Block Ilug Ilia. si litauderwick Cominos, in
Wiltshire. (hi the $lll her Defradasst Gorier Sinsitec, the
attorney, wade his appearaacs at the Black Dug, and, net
wailing fur any aresuiscersest,Celluseol the servant iMIEI the
roma • here Me. Clisaipasys was, by whom he was re-
ceived with great civility. la a shut time after the De-
resident Nations, Mennen ano.elinei aid, as the servant
of Mr. Chawp.eys drpsevel, tonne the room with swan
viols-he, le lay held of the l'lshotilr. Mr. Cliasspeitys,
hopeless of seresar, own up-his mind to the surrender,
it long ssinsined That be was to be taken directly to
lab., ihe.uq Washiness in order so be delivered
to the ..nostudy of the Ilerveal.sf the Kisses Bench; but
he expressed a greet neshaves fo he taken iota say part
of fin meaty et Ilsoinwi, allsirlas as • tsbsulto his Senn-
WIPE nf the *gm 'Ole of es. OM being owl soloist him. In
Warr Is ate visse lbs Inapiesiirs fess. upoa that head, Mr.
Geroge ileum* puldesed da.lulu grits in questiuo vet .f

. ip

..,

NAVAL 11VTELLI4ENCE.

_~___ .

lE.Oildind

his Pocket, and, deelui•g they had newer been out of his
own pmfaeseion. " vowed to Goa that they *Wald not be ex.
witted." Aware that he had eita alternative, the Plaintiff
made up his mind to posted to 1.1/01100, bait reeptested that
he might have the meal which had bees prepared for him.
This was deuied ; but the !Molehill' at she same lime was in.
formes!, that he could have every refreshment at the Angel
lan, or Warminster.
Rut it i. nerespary to go hack a littler—On the rime
morning the aitetidanee of Mr. Williamoon sod his sou-in.
law, Mr Ivy, twdufneeorderwhichfeedsnutupon the rat-
ans but upon the kennels of the land, were requested
the Mask Dock, and tlw•y accordingly beeline visible there,
and the win, of co. so a ere put into the bawds of Williamisoa,
with an " (warier promise that the Plaintiff, as won RS lie
was brought ',Otitis the comity of Si menet, should be de-
livered iron his hoods. Ti. stile 'spoil his 'wry, Mr. Wil-
liamson proceeded to waylay the carriage as soon as it paned
county of Wilts.
Under these rift-gemstone's Mr. Champiwys entered •
chaise which had been procured from Frame, that chaise
having the additiosial accommodatiou of a dickey-box; the
chaise having beets wrist for after the arrival of the Mersiters
at the Black Dog, and the driver having bees told on his ar-
rival to set his horses' heads inwards Wirosinstcr, but as
io as Mr. C. was secured, to drive as hard as possible fur
two mites ou the Frome-road. Mr. Ch•mpnrys was sitcom.
psnied iss the Ferriage hy Mr. Ivy, the Sberiff 's ; Mr.
George Measlier, the attorney, mounted the dickey-box ; Mr.
John Messiter performed the ore foe/snow by Kilian b►-
lund ; and Mr. Nathaniel Measlier that of out-rider on horse-
back. In this way all was proceeding qiiietly, until the
horses were turned round to the Frown...road, and then
the Plaintiff, seeing how he had been entrapped, put
Isis hand upon George Measiter's shoulder, and said,
" You traitor, you have entrapped and deceived me;
how can I take your word again, as • Gentleman r The
Plaintiff tiro became uneasy, and entreated George Messiler
to return ; but his entreaties met with nu other reply *ban
t lie appearance of au unsheathed dagger and a treat of apply.
lug its powers. Maddened, the Plaintiff reached across to the
dour nett to the bailiff, and in so doing, his fool, being put
against the seat of hie gig-Lux, forced open the door oa
the opposite Ode, the bow itself falling at. The next
state iu which the Plaintiff was found was that of
being half-oat tof the carriage, exclaiming " Murder!" the
looters being in the full gallop, and in Ibis way he was dragg.
cat till lb. cries of the Rada, who did nut lose his bold,
sld,d to those of the Plaiotiff, (waged the carriage at leagth
stop. When it had dune so, the Bailiff loosed his Slugs rs,
and the Plaintiff fell to the ground, bring immediately
seised by Jolts sad George Messiter ; and in a few mo.
mews after, the Defesdant, Nathaniel Messiter, the fa-
ther, rode bark, sad without provocation struck the
Plaintiff a violent blow with a black-Moen cudgel we his
head, whicis fortunately only demolished the list. Force
was then offered to be used to drag the Plaintiff *ace more
to the carriage, but be absolutely refused unless his boa,
in which was a valuable gold watch, and 501. in cash, was
given to him. This the defrodaut, Nat. !limiter, refused,
crying," Drag him along, the 'scoundrel, drsfg him along;
I have pistols, and will sow them." The more humane
bailiff advised Mr. Champiwys to get into the carriage
again, upon the former proniising that the lax should be
restored. The Plaintiff again got in, and was fixed between
Mr. Ivy the Bailiff, and Julio Messiter, who was promoted
from the foot-board; and in this way the party travelled
till they got about half a mile within the verge of the
county of Somerset, when they were met by Williamson,
who accosted them by inquiring if "'Squire Champoeys
was in the carriage? "Oh, yen," said George Messiter, "be
is here." Mr. Williamson then proceeded to take the Plain.
tiff in execution upon the very writs which George Measlier
Lad vowd So God should nut be executed. Mr. Williamson
than took the place of John Messiter, who retreated to his
former humble sphere, and in that way the party arrived at
IM George Ins, at Frame. The Plaintiff, under these cit.-
waa thrown into a violins fever, sad at She end
of five days, bylis 'elicitor, Mr. Evill, of Bath, joining is
a bond of indemnity to ?lath. Measlier, the Plaintiff was
released from his hail, and on the subsequent day was
enabled to discharge the writs of ea. as.
The coachman and ganae.keeper of the Plaintiff were
called upon to swear to the main facts of Ilse ease, as was
Mr. Ivy, the bailiff, to explain the circumstances of the
journey.
On the part of the Defendants Mr. GAISELIte addressed the
Jury, contending that the Defendants bad dome nothing
more than they were warranted in doing from the attempt
of the Plaintiff to escape front a legal custody: and be also
called witnesses to prove that Ivy had, al the time Mr.
Champoeys was in custody, given a defferesit accusal of the
trausaction to a brother bailiff, whim evocations had led
him to call upon the Plaintiff with a writ. The evidence of
ley was also attempted to be impeached by another brother
of the craft, who had arrested Ivy's father, at the Mimetic. of
Mr. Measlier, and who said that Ivy declared the taint might
come when be might have the opportunity of returning the
favour to Mounter.
Mr. Srrjeaat PELL, in reply, strongly reprobated the
hasn't's and cruelty of the Defendents towards a person
already ground down to the earth; and coutendell, in op-
position to Mr. Gaselee (who had issisted that the sim-
ple question was, whether She Defendant, Nathaniel
Measlier, was jastified in seiz;ng the Plaintiff for the
purpose of purreudering him in discharge of bail; for,
if he was, he was entitled to take him where he
pleav►d), that the evidest purpose was not that which the
law allowed, but that the course pursued was oppressively
exercised for the sake of eutrapping the iota the
county of honterret, in order to make those writs available
a bite could not otherwise have been executed; and, far►her,
that a most groin assault bad been clearly proved.

Mr. Justice BURROUGII addressed the Jury, who, after
about tru minutes' consultatiuu, returned a verdict for the
Plaintiff.—Damages 7001.

JULY 30.

Sailed yesterday the Montmorency, IVuod, for Quebec ;
mid Lively, Ritchie, foe Smyrna.
Arrived today the Hermione, Graff, from Stettin for
Boiirdesuz; Anna Sophia, front North Bergen fur Brat;
and Orpbens' from Lando. for Coastantinople.
Sailed the Sybille, fur Woolwich; sad Conway, for the
Brazils; Lord Sidniouth, Muddle; and Caroline, Taylor,
for New South Wales; Asia, Lindsay, for Bengal; Astria,
Wilson, fur Virginia ; and Natalia, Mackie, for St. Audero.
WILLISOUTU, JULY 25.

Arrived the WaketieW, Carter, front Quebec. Arrived elf
this port the Athens, Stephenson, bon M. John's, N.B. is
twenty-six days, for Landow; and Speedy, Andrew, from
Rio Janeiro, itillifty six days, for Lomb's.
Sailed the Duke of Marlborough packet with a mail for
Lisboa.
MARWICKi JULY 30.
Arrived the Alliance packet with • unit from Guttealborg.
Sailed she Jame packet for ditto, Heary Frieling packet
for Hollaud, and Busboy packet for Caxbaves—eadi with
a mail.
TASIMOVTII, JULY U.
The Frodiaghaus, Lsogriek, frost SI. Petersborgh for Lod.
Aso, got ou the Cruse Sand lad sight, bet was got of tmillay,
soaking as water.
Livaitroot., JULY RI.
Arrived the Sesennsh,Jason ; and Royal Edward, Holmes,
from Choicer Bay; Castirreagh, (genius.; sad Farads,
Lennon, front St. Jobs's, N B. • Mors, Aphford, (rein Bar.
badoes ; Mariser, Boows ; and Barrett, Taylor, Geo Mira-
liiirhi.
DIAL, JULY SO.
Capie pots frost the River yesterday, the Maria, Walker,
fur New South Wales, with no convicts on bawd, escorted
by a detach...6l of the 411th regimes*.

__... . .—_____ ____
PRICE OF STOCICS YESTERDAY.
3 per Ct. lied.... 691 k Batik L. Ana. 18 1.16
3 per C1.C0u5.... 641 A limits 80nd5..23 22 pr.
31 per Cysts... 78 77 Es. Bills, 2.... 3 4 pe.
4 per Ce1t..... 871$ Lott. 'rickets.. 214 Ills.
5 per Ct. N. An. 103 thessitua .... i pr. par.
5 per Ceut. scrip.... 94 Cous. foe Acc!• 69 68j