Star.
London, England, 1807-09-07 00:00:00

TITHES.

Maxstna Houst.—The Rev. Mr. Conk, Rector
of St. Helen's, Billtopfgateltreet, as Impropriator
of the Great Tithes of that parith, having called on
the proprietors to pay their tithes agreeably to the
rents of their refpetaive properties, which was refilled
by them, en the ground of immemorial ufage, by
which a mods,: had been fettled, now brought ten dd.
ferent complaints before the LORD Wilma, as Chief
Magiftrate of the City of London, againtt Mars.
Stratton and Gibfan, and various other proptietors
of houfes in the parifb, to have his right to the tithes
afcertained, and the proprietors compelled to make a
chfcovery of the amount of the rents of their refpec-
tive properties, for the purpofe of fixing the tithe to
be paid by each ; or, otherwife, to pay the refpalire
fums claimed by Mr. Cook, as Impropriator.
Mr. Cook appeared on his own behalf, and Mr.
Reader, as Colloid for the rroprietors.
Mr. COOK began by referring to the Aes of Henry
VIII. abolithing Monaneries. and to the /WU c f the
fame King, and of Qeen Elizabeth, conferring dif
fereat grants on the Dean and Chapter of St. Paul's,
and on various individuals ; particularly a grant of
the great tithes of the parifh of St. Helen's, to a per-
ton in right of whom Mr. Cook now claimed. He
begged it to be übferved, that the prefent was not a
question between the officiating clergymen of the pa-
rith of St. Helen's and the proprietors of the pun,
but a queftion as between landlord and tenant : he
( Mr. Cook) claiming as Impropriator, in virtue of
the tithes granted in favour of his predeceffor. He
thoald proceed to prove his title, which he prefumed
to think would throw the onus probandi on the other
party:
Mr. READER had no objeftion to admit L' ,e title.
Mr. COOK afked if he alfo admitted that the onus
probano6 lay on him ?
Mr. READER fad he could not aufwer that queftion
till he knew what the complainant's demand was
and in what capacity he made it.
Mr.Coc fa'd, he had already flated,that he claimed
in the capacity of Impropriator of the Great Tithes,
and his claim, as fuel), was to the extent of es. in the
pound of the rents of the parifh. What thefe rents
I were it n as for the Defendants to thew.
The LORD Marin here obferved, that no power
lay with him to compel the Defendants to tell the
amount of their rents.
Mr. COOK alluded to the great, important, and ex-
clufive privileges of the city of London, far greater,
and more extenfive, than thole conferred on any
other body, place, or jurifdiEtion, within thefe king-
doms That his Lorcithia, as Chief Magiftrate of
the City, was the head of all juftice to be admini-
tiered witlin it, civil, as well as criminal ; that he
was Lord Chancellor in the city of London, and, of
caurfe, was vetted with full powers to decide, and in-
deed was the only, or at leaft the original competent
tribunal for deciding the queftion in difpute. The
Reverend Gentleman was proceeding, when
Mr. READER Paid, that as he had admitted the title,
fo did he admit the jurifditlion.
The LORD MAYOR Paid he had looked into this cafe,
and found it to be one of In much difficulty, that he
was convinced it would be much better and much
mare fatisfaCtorily decided in Chancery. Therefore,
although he was fatisfied that the jurifdielion lay with
him, he declined interfering or making any order in
the bufinefs, fatisfied that it would find an equally
competent tribunal elsewhere.
Mr. READER Paid the quellion was this, whether
cutlomary payment which had exiled for an hundred
years was to be overturned, by which the Parilh of St.
Helen's would have to pay in the ratio of 15001. to
toc..? The Court of Chancery, or the Court of Er-
chequer, if called on to decide this queftion, would
not do fo without evidence; they would fiat direa
an iffue to be tried. This his Lordfhip had no power
to do.
The LORD MAYOR Paid, neither could he enforce
tt
difcovery.
Mr. Cook declared himfelf perfeely fatisfied.
had done what he thought was his duty in bringing
the in :tter, its the fittt inftance, before the Leal
Mayor, thereby taking. care that the privileges of the
City of Lai don thould not be compromifed. 11c
thould now go to Chancery, and file his bill of di c.).
Yet 7, fatisfied that he thould obtain ample ilia**

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