Star.
London, England, 1807-07-27 00:00:00

SUMM' R ASSIZES.

CHELMSFORD, JULY 1.0.
Kau, o. FILEWOOD.—This was an aelion npn
the cafe by a Gentlemen againfi the Dere...Li:lnt, the
Vicar ofSyhel Heddinghan), in this county, for not

taking his tytheA t,ff the Plaintiff's ground alter the)
were duly let nut.
Mr. Setjeant SHEI HARD, for the Plaintiff, Elated,
that this attion was ..ne of the unfortunate inltinces

of that (late of civil warfare which rometimes exiited
between the pat fon and his parilbioners, not that he
meant any imputation on his own 'clicnt, for he was
compelllcl, by the oblfinacy of the patfon, t.. bring
the prcfe'.t aCtion. F. .r he had offered Mr. Filew,od

to let any man value the tythes of the garden, and
then he would under;..ke tu pay double that valua-
tion, to berelieved*.from the vexation of having his

garden tythed in kind. But Mr. Filewm,(l was ;L.
Iniutely bent to have his tythes fet Out in kind, and

if any part of the cri were.,taken without due no•
tice, he immediately commenced a Cult in IV Eccle-
li iftical Court, to the great vexation and colt of the
perfon holding the garden, and when they had been
duly fet out, be left them, as he had done in the
prefent cafe, to rot on the ground. Such was the
condttel of the ltev. Gentleman in the prefect cafe.
The Jury, theref re, he milled, would not conceive
this to be a litigi ins aEtion, inaimtrch as by law he
was entitled to recover fir the damages occalioned
by the Defendant's not taking away his tythes, by
which he was prevented from cultivating that part
of his garden where they lay.
Mr. Joitice HEATH obfetved, that the Plaintinad
a much th,rter remedy, which ...as a diltrain, and
impound the tythes as damage feaftne.
Wiliiam Green, gardener to Mr. Kemp, proved a
b-ok notice:-., upwards of 300, lerved upon Mr.
Filewood. He uftially ferved them about Leven, nr
half pall, in the morning. Mr. F. would to -t then
receive them, mulling they ought to be delivered be-
fore fix in the morning. Once he threatened to Itorfe•
whip him for not coming in due time. The lythes
in quedion were let nut from April to November,
18.03, and were left tu :ot upon the wound ; as they
de.-..ayed he dug, them into tits ground.
Mr. Serjeant BEST, as Co:utile' for Mr. F. nbferv-
ed, that as a member of the Cottrell of England, he
had an imperative duly to protect the rights of the
Church, and it WAS only in that view he had refuted
to take the tythes in qnellion, becaufe due and legal
notice had never been loved, of their having been
fevered. By the cullom of ,he par ifh, notice ought
to be ferved the river night for tythes to he taken
the next morning, and helnre lix o'clock in the
morning for the afternoon of the fame day. Mr.
Filewood originally bad relaxed from this rile,
for the accommudation of his patillioner 5, until at
length they denied the culler's, and he was obliged,
at the ex; ence of a fruit in the Eccltfi titical Court, to
the right, which he did, and it was now only
for the put pole of preferving the rights of the church
that he untitled on a aria compliance with the cif
torn ; nor was the cullom at all unrealonable, for
the parifh contained 3240 acres of land, In that, 'lnlet's
fuch notice was given, the parfon would not have
time to fend his tything man to the remoter parts of
the para. The I.earned Serjeant then called Ceve•
ral old witnefres, who dillinElly proved that fuch was
the cottons with tepee to the corn lands, but it had
nit been anal to require it with refpeB to gardens.
Mr. Serjeant SHEPHERD, in reply, contended, that
the cullom, as timed by Mr. Serjeant Bell, was moil
unreafonable. A man mull make up his mind be-
fore fix in the morning, whether he would cut carrots
or cabbage for dinner, and give the Patron early
notice, for he mull not change his mind, tinder the
penalty of dancing through the Ecclefiallical Court
for ferving tythes without notice. If a friend drop-
ped into dinner, and he walled to add a duck to his
table, he mull not pluck the green peas becaufe Mr.
Filewood had not notice before fix in the morning..
What clock mull decide the time ? Mull it be the
church clock, which was regulated once a month, and
was generally an hour too fall ; or was it to be the
watch at the parfon's bed he id ? All that the law
could require WAS, that the Vicar thould have timely

notice, gnd he infifled that fevers o'clock was fuch
timely notice, and abundantly fo
Mr. Jutlice HEATH laid, that who was right wont
depend upon the proof of the caltom. It_ was a
mitred as for corn lands,*and no negative was prove
as to vegetables, he did not fee how they could d.
other than find a,verdift for the Defendant. I'h.
jttry, without a moment's befitation, found a verdict
far the-. Plaintrif—Darnages 4os.
DOS, ON DEallia OF WHIRLER O. RICNARDS,,N.
This was an action to recover the potfefi .n of a
firm at Wheeley, in this e,runty, which the pl shviff
had demiled to the defendant for a forfeiture bs
breach of covenant. The alledged breaches of co
venant were by underleting a part of the land to go
vernment, for the purpore of erecting barracks, and
comfecriently directing it from the purpole of tillage
and agriculture.
It appeared on the part of the plaintiff, that he
had leafed to the defendant 260 acres of land, at the
yearly rent of 2751. Of this, Government had taken
6t acres, fur sshich they paid the annual rent of
401. fo that the defendant gained by the bargain
2651. per annum, and the relidue of his farm, being
199 acres, rent free. The landlord conceived Itimfell
entitled to a (hare in the pro6.ab!e bargain, and
bp .sight the prekra action as for a forfeiture. .
Mr. Serjeant Best contended, that as the land was
tsken.,frosn the defendant •by virtue of an Aft rat
Parliament, which enabled the Barrack It-taller Ge-
neral t 2, take what lind fhonld be .hought neceffary
to erect del.:flees ; that it was, th:trefore, an Align.
ment by operation of law, and could net work a for
feiture. The Learned Judge inclined to the fame
opinion; and fail he Ihould lave this poha for the
c-mfideration of the Court, in the event of a eerdift
for the Pl distal'. But Serjeant Bast called three
witneffes, a Mr. Edinhnrough, a Mr. Under woad, a
Conveyancer, and Mr. Spann, the -Attorney, woo
proved that the plaintiff Wheeler, :titer the land was
allig.ned to the Birrads Mader, agreed to take dou•
ble tent r,r that part as a recompence to himfelf, but
that he afterwards flew off the bargain —Verdict for
the defendant. . _

..... ~...,..,.......
Mr. Juilice FIFATH, who was carried into Court
in the m.ttning,',Was obliged to leave it at the con
clufi2n of this caufe ; and there being only an un-
important caufc or two left, Mr. Serjeant BAILY fat
in his place. A cafe of great interest in the county,
refpetring the ti At s of the Oyler Fithery, was put off
on acc flint of the indifpofition of the Learned Judge
Oi the Crown Side the cafes were of the M9ii in
fitnilicant foot, being generally for petty robberies,
and the County has to congratulate itfelf that the
Calendar did not contain any cafe of great a:rocity.
Henryp enry Kl and John Kemp were indided for a bur-
glary in the dweliing houfe of Thomas Underwood,
near Tilbury, and ttealing therefrom a quanki y of
p :tle, &c.
Underwood, the profectror, proved that his houfe
was broke open on the night of the 25th of March
lafl, and that he 101 l the articles elated in the indiel
ment, but he knew nothing of the robbery. Thomas
Firmin, a carpenter at Tilbury, (fated, that as he
was g in home between ten and eleven on the night
of the 25th of March, he law Henry Kemp, whom
he knew well, and another-man, he believed John
Kemp; fin towards Underwood's premifes ; they went
to the window, and he fhirtly after wards law them
come out ; they had with them a qoantity:'of. pork,
which they put into a bag, and fever al other articles,
which be believed to be linen It was is da. kith
cloudy night when he fir II law them, but afterwards
;t grew lighter. The Conllable, who fearched the
bottle of the priliiner', timed, he found a quantity
of pot k in an upper room, a dark lanthorri, and a
great bundle of keys.
The prifmer,- Henry Kemp, Get tip an a'ibi in his
defence, and called four witntlks, all of the name
of Flack ; William, John, Deborah, and Peter.—
They dated, that Henry Kemp courted one of the
family, and that on the night of the robbery Henry
Kemp was at their houfe from nine o'clock until one
in the morning; that it was the night before Chelms
ford market ; and that John Flack, who attended
that market, went to bed about ten, and gut up
again about one in the morning. The prifonct
, helped him to hatnefs the boric, which was a new
• one, and had never before been tried, and that
fie carried the lanthrun to light him down the
lane, from whence they foppnfed he went home. It
appeared, however, upon referring to the ahnanack,
that the moon was near .at the furl, and role about
ten that night, which confirmed Firntin's (tory, that
it was fists dark :and afterward; grew lighter, and
contradicted the Flacks, inafinuch as it would be
quite light at one in the in 'ming.
The Jury t sund the ptifoners boo h Guilty, and
they were left for execution. The Affixes &tithed.

It is not merely that holders of email Prizes are
now exchanging them for undrawn Tickets arid
Shares, but many who have been hitherto unfuccefs-
ful in the prefent Lottery, are battening to the offices
to pnrchafe frcih chances. The magnet, in thort,
of all the greater Capitals being Kill in the Wheel,
is irrefillibly attractive, tefpecially as to-morrow's 1
drawing is univerfally expelled to prove of high mo-
ment.
On Monday lag, Richard Faulkner, only i 6 years of
age, was executed at Wifbeach, having been convicted
'tt the wilfal murder of George Barnham, a lad only
3, on the isth of February tall. He confeffed his
crime.
John Robinfon, of Mickleby, near Whitby, farmer,
was executed at Yolk, on Monday, for the murder
of Sufannah Wilfon, who left his fervice about a
fortnight before Martinmas, in confequence of her
pregnancy, and went to refide with a relation at
Guilbrough.—After fentence of death was paired
upon him, he declared his innocence, and faid, he
had no doubt bat in a little time the real murderer
would be difcovered ; however, about (even o'clock
on Monday morning, he confcffed to two men who
fat up with him doting the night, that he had per.
petrated the horrid deed. He met the unfortu•
nate woman, according to appointment, in his own
grounds, on the night of the t 7th of February; afer
walking about for near an hqur, they fat don n in a
field'; although .bent upon committing the murder,
yet hits heart frequently mifgave him; at length Le
made a blow on the back part of her head with an
axe, .and file died irritant aneoufly ; he alfo (truck her
upon other parts of the body. He then put her into
1 the hole where the was found, and covered her up
with whins.

FROM SATURDAY NICIIT'S GAZETTE

CROWN-OFFICE, JULY is, iBo7.

V/ENIIIRRS RITURNED TO SERVE IN TUE rirSENT r tRLIAMENI.
tornugh of Latineefton—Rich •rd Henry Aletand r Bennet, a
Poll Captain it. the Royal Navy, in the room of Earl Percy.
Borough of l'avidock— Ilse Right Hon. Charles Grey. comnusolv
c died Lord Viscount Howick in the room of the Right Hoo.
Richard Fitzpatrick. who has made his elution to lave for t.::e
County of Bedford.
Borough of lArefthury—The Hon. Henry I.7.fcelles, In the room of
the Hon. Edward Lafeelles whO has made his eledlion to fetve
for the Borough of Nortballerron.
Borough of Grautbam—Thomas Thornton. Efq.
Town and Port of Rye—Sir Within Elford, of Bickham Moore,
near Plymouth, Devon, Bart. in the room of Sir lobo N•chor,
who h.s made his eleetion t« ferve for the B rough of
Bedwin. St Oen Rumhold I tifhi• gton. of Lioftead 1.,•,!
Kent, Efq in the room of the Fart of Cl -.ncarty who ha‘ ar
cepte.l the *Mee ta!" loint Poßmafter General in Iret-mi
. .

Borough of Doreheiter..-The Hon. Croptey Ashley ,'noper.
Borough of Wendover—Franeis Horner, of the Mi Idic l'ernrle.
London, Efq in the room of Lord Vikouot Mahon, who ILO
made his eltalon to fers'e for Kingfton upon-Z-(0M

MII.ITARY PROMOTIONS.
Commit:Bons figned by the Ltd Lieutenant of the
County of Midjlefex.
Royal Eaa Miidlefex >Vlili i 4.
Edward Milliard,
jun. EN to be Lieutenant• Colonel; George
Hilliard Fat. to be Captain. Dated July 4 IS 7.
Weficrn Itegim,..r,t of Attittlefex

George Francis, Cent. to he li:uttnant ; Sir E. Perrot to be En.
ftgn Date.: April 13,
St Giles and Sr. Ge,,ige, 810-Infbury, Volitnteert.
Cavain John Dynelcy to bt. M !jar, vice Ward, resigned. Dated
April 2, 1807.
Ueutenants John Wright to be Captain, vice c,;h. rcGgned:
Auguitus F:.ilon to he ditto vice Hartley, rengned. Datcd
Member Is, rBO6,
Lieutenant Charles Johann to be ditto, vice Conynghatn, rellgned.
Dated March t,
Lieutenants Faytor Coombe to he ditto, vice Dyrelev, promoted;
Charles Coombe to be ditto, vice Carr, promoted to he Adju•
taut: Daniel Mtchit:x Get.t to be S:c. n 4.1 Lieutenant, vita
Wright, pronto:ed. fated April 2 1'407.
Loy 41 B jinn% V liiiyeers.

Lieutenants Thomas D'Almaire to be Captain, vice Arnott, re•
figoed ; George Henry Cutler to be. di:to, v.ee Batty., religned.
Dated March 3 t , 1801
Enfign William Noel to be Lieutenant, vice D'Almaine, pro-
moted ; Knfign William Niche/lb to be ditto, vice Cutler, pro-
moted; Fong' Bryan Bell to be ditto, vice M•Doual 1, rupee.
Ceded, and William Davioffon, Gent. to be ditto, vice Hendee-
fun, reigned. Dated a. above
Loyal Uxbridge Volunteers.
Robert George Spoddin. Gent. to be Second Lieutenant, vice •
Burgh, reigned. Dated April 14, tlloy.
Loyal 13Iiiith Artr6cers,
Major Thomas Lewis to be Lieutenant•Colonel-Commandant,
vice Burton, reigned. Dated April ii, rBo7
Commillion in the Norfolk Militia, figned by the
Lord Lieutenanr.—.Eaftern Regiment.
Jofeph Houlton, Gent. to be Enfign. Dated July to. iBoy.
Comma/ins figned by the Lord Lieutenant of the
County of Linc,lln.—.Blfion Volunteer Infantry.
John 1 icon, Efq. to be Captain ; Samuel Darwin, Gent. to be
Lieutenant ; Henry Clarke, Gent. Henry flee. ent. Samuel
Barnard, Gent. and J. S. Byron, Gent. to be ditto; ea Thos.
Gee, Gent. to be Enfir , Dated July E, I So/
PARTNERSHIPS DISSOLVI:b.
Thome Haigh Midwood, Samuel Patter Watf,n, and John To-
arr. of Watling-itreet, Loodonsenerehant a. ply an, 1807.
George Mildrum and John Davies, of Ratcliffe-Highway, linen -
drapers, July at, 1807.
Charles Baring, William Jackfon, William Barb g Gould Willett%
Vieary, and Robert Maunder, of Exeter, wine and fpirlt dealers,
June 3z, ISo7.
William Mei= and George Mame. of Windmill-ft-reef. nolburf-
(pare, Middlefex, glovers, June 24, 1807.
Samuel Bridge, of Chorlton-row, Manehefter, and James Hart, of
Whltic„ Derbythire. calico print. TS, Pity t 4, 18.4.
Bethia Addy, of Wigan, and John Taybtr, of Chill, roe, Lancafhire,
cotton-manufadiarers, June 29,18::.a.
Jo!.n Brough and William Wright, of Nottingham, hollers and lace-
manufacturer., July t. 1807
Jame. 7.. lay., William Smith. and Samuel Roulet, of Bermondfcy,
Surrey. Spaiiiih-leather drelrcrs July 23, t
Clarks Aril and Francis Pinney, of PrlblCe. fltrct , and Lifle-ftreet.
Leiceller- Iquarc, London, plumb,,rs, painters, and glaziers, July
27, 1807.
Thorna. Harrifon, J. C. Manfell, Williern Oliver, Thema. Kitelee,
and Edward Doddington, of Old Stratford a. d Cattle Thorpe
Bridge, Northamptontbire, and at Stanton • hill, Buckingbandhire,
what lingers, June ti, 1807.
Thomas I (alga Midwood, Samuel Parker Watfon, John Tozer,
and Robert Stevens, of Percival-greet, London, ilk-dyers, July
at, .8...7.
Vll:liani Starkey and Thomas Starkey, of Huddersfield, Yorkfbire,
merchants, January r, tBO7.
John Ws Ih and John M Alban, of Holborn-bridge, London, linen-
drapers, July t i, xBa7.
J.ihn Peters and Sargion Witton, of Drifted, maltflers and common-
brewer., July 21, doy.
Luke llrenon and Samuel White, of Lambeth road, coopers, July
at, 7.
Edward Au,guilu. Gibbons and George Jackfon, of Bucklerfbury,
London, tipholfterers, July 24, 1807.
Richard Allen and Jofeph Sanders, of Liverpool, boakfellers, July
21,1807.