The Sun.
London, England, 1805-03-16 00:00:00

1/0111El CIRCUIT.

CIIII.I4sToRD, umtcti
Yesttit I) AY the Judges aT rivaa in this town, anti
eati their Commission tor holding the Assizes aid
'his .inorning they proceeded to The C.
ientlar is very light, and there is no ,great 'deal of
business un the Civil side.

KEMP !V. F tLtWOOD.

This was on Wiwi by, the Plaintiff, a Farmer,
against the Rcv. Mr. Vilewood,,the Parson of He.
dingham, for not, taking off/ his tythe;, by which
the ilaintitf's pasture was injured, arid he Was Ob.
liged to send his cattle to depasture elsewhere.
Mr...GAttaaw, in Addressing the jury, told them,
that in, this case they must put their hands into the
rickets of the Rev. Gentleman, who was the. Dc
fendant, and transfer some of the money to be found
there into the pocket of his client ; and he was sure
the Rev..Gentleman*oug himself he dissatisfied
unless They did it, haute he was quite certain that
Mr. Filewood Was known to be A lover, of stridy
`justice, and would certainly with thesame measuie
meted apinst hilt as for him. He had riot the
happine•s of being one of Mr. Filew'ood's paritdsion.
crs, or it would 114ve been great pleasure An hear
bint descant upon thelext, which he cermioly. some,
tittles " Do Onto another us you would an.
should do unto you." And if there was xny
v4lidity in this old maxim, Mr. F. certainly must
wish that the jury should behave liberally to his
Client', as they, would see by a story or ttro he
would tell them. The jury, as farmers, very well
knew, that if they did. not. set out their iyilies
they were liable to au Anion for treble .the value ;
and if, 'while the tythes were Ors, the grovnd,,
they put in their cattle to vars. theywere
liable to an Action of trespass. Thus far the law
guarded the Parson, and justly so; and,in ?purloi!
'farmer must have a little prOtcflion ; anti if,, by the
obstinacy of Inc Parson, his crop Was SpOilcd, he
must also have :I little redress. be sure, it
tannetimes happened that the Clergyman was annoy.
tit in the gathering of his tythes. There was, a
case recorded in the law books, where a Yatiner gave
notice to the Parson to attend, and
,take the tythe
turoipt ; and his deputy according!).
attended with his cart when he carr4, the F.tr ncr
" I don't much like the weather toAray, MAt.
err Parson, I shall only pull ten turnips, And there
jut One fur your ty the." The P‘ir;,nrt, angry,
would not take it away, but left it upon the land,
and the Farmer brought an action of trespass,
which Was :tried in Westminster Hall, and the
Court said they could not approve of the conduit
of the farifiet ; yet ihey said, in stria law, he
must have a verditl, for it was a trespass to leave
-it on the land. He remembered also another
ease, of the Parson of Sittersea, who, is all proba.
tility, was not so mild a man as Mr. Fileweiod, nor
so much admired in his neighbourhOod. The Gar.
defiers of Battersea gave him notice that on a certain
day they would cut eablyges, and required him to
send for ,his tythes. lie sent his waggon at the ap.
pointed time, when they cut ten cabbages, and gave
him one. lite nest 4,ty they gave notice that they
would cut again. He thought he would not be
baxid any more, so he sentlns maid with a b:4-ct
for the ty the o:tlibage. They then ,cut the wn.,le
crop on the, sunny side of a hill, and, all the vibe
cabbages were spoiled before he could procure a cart,
to take them away. How ever,his Client had not aNati
in this way; he bad really bet Oat his oats accord.
ing to notice, but Mr. Filewoed refused to take
, them away, He had already told the jury, that
the Revetend Defendant was an observer of .stf.;49
right, and alivtiys exaned mutt most rigidly,
and must .course intlined to do strif justice to
every other man. lie would just tell them a story
iiar two, as he had promised, io order to prove it,—
There was a fence between the lands of the Plaintiff'
a lid the Reverend Defendant, whiCh belonged to
them both,.andbothwere hound so keep it in repair,
and being most miserably out of condition, the Plain.
tiff thinight he had better repair it entirely at his
own expence, rather than have the Parson's hogs
14061 up his crops., tic uccordingly repaid it
himself, and the Defendant let him go on until it was
quite finished, when be gave him notice, that unless
Le pulled it all clown Again be would bring asi aflion
of trespass against him. It was accordingly polled
down, and the .Watson,, Attains his, hogs continu.
ally in the pound. at his own expenee restored
t lie fence just in the same state it was before he
made neighbour pull it down. Bus, however, he
had Abe pleasure of pounding in his turn, for Mrs.
temp .had a very
,pretty little horse, whiehoecing,
some coil, sgo pot one day, joined them, arid`, by
way of fellowship and gold
,neighbourhond,
lowed them into the Parsons* yard. No sooner did
she totter aspy him, than he called out to shut the
goes to trap him, anti send him to the pound. (ii'
man at first hesitatid, and observed, that,the hobby
hail no mischief, anti might as well be spared ;
but his rterlCCutor tea; L1001'441 and. the parley
was tent to the pound, and his master forced to
isay a guinea to relieve kiln trail his imprisonment.
Thrre wit another good story, better than allotwut
Strait carrel
l'he Le—lined jUnot here interposed, and said he
was afraid. he. could not hear evitlence of these stn.
lies. Mr. ClArtlow certainly told these stories
very pleasantly; but they %vete not at all Available
in the cause.
Mt. f.l-sa now, then resumed. Ile. told the Tury
Ye'always bowed With respett• to theopiniori of the
I 'rrictl. Judge, they would, thereforeon their yet.
diet, give no damages for the lani,l,and the fence ;
ilu'r 1114 would not Arne of the real damages in the
emote, but give recompense for the, loss of the,
cloy and the incotiVemc,Occ suitained by the
riiiintiff„ in being obliged to send his
.cattle abroad
I,;(l,po,,ltire. lie t, not n. w H t,,ein any more
; ,bot if he had artl ritif to revisit
them the ne:“ circuit, aft Mr. Pit
ovood. always bdtl
a cause, be would theme
tell thefts the story Of the
[:snot which was bolter than any they had

yet heard.
He theft oiled witoe.stes, who proved, ttrat -the
1)4 iatetiff gave notice to the I),:felibrlt w take his

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