Star.
London, England, 1801-08-28 00:00:00

ESIEX ASSIZES.

CHELMSFORD, JULY 14.
NANSON. ISkt v GILLSON AND CARTER.
Mr. Serjeant SH-EPHFAD flated, that this was
an action of trefpafsjultified upon the pleadings by
the defendants, upon the fuppoittion they wereen-
titled to certain rights, in contra-diftinaion to tilde
:alerted by the plaintiff. It was unfortunately a
difpute between Mr. Hanfon, l Gentleman of large
fortune, and -Lord of the manor of Bromley, and
his tenants ; he ufed the word unfortunately, be-
eanfe he confidered it a ciretimftance extremely
unfortunate to all parties, when a Gentleman
charaeter and property in the county did not live
Upon terms of amity and friendthip With his neigh-
bours andtenants. It would be eafily believed that
he had endeavoured, .by all poffible means, to
avoid the prefent act:Mont for, before this tref-
pafs was committed. he flitted to the tenants and
eopyholders, that ae they, as well as hinsfeif, were
stetting a tight they each imagined belonged to
them, he was content their refpedive claims thould
be legally sigulted. with as little aninsoftty and
perfonal intousenience as pot:hie. Hehad told them
he syras anxious to preferve the fame good under-
#.asfing with them, which it bad ever been his
WM to cultivate, and that be wit ready to fubmit
be itueltion in difpute to perfous competent to de-
kjdis tt ; and ir they &Mild award that he had en-
"el9o3d More land than he had a right to, be would
*bit by their determination? and throw it open
• agit Such a Propofel. which was all, as a Gen-
tlemen, he was entitled to make, ought to have pre.
vented the defendants taking the Rep they had
dorm Vowever,theyhad thought proper to fay no,
We Will our rights detided in aCourt of Law:
'He did not blame them for fo refolving; but lovely,
after inch a propofition from the plaintiff, they
might have contented themfelves with tominitting
the trefpafs, as the ground of an anion to try the
sight, by pulling a flake from the plaintiff's hedge,
intlead of going wantonly and malicioufly, and
• ;grubbing up and deffroying his fences, which he
had Seen at the expence of making. They would
have then done no more than as fair and honour-
able men they were juitified in doing ; but, on the,
aontrary, the defendants, who bad at &II eget:tad'
to the plaintiff's propofal, went to the place in!
guellion, accompanied by their Solicitor, who
ought to have advifed them better, and there af.
fitted in committing the outrage for which this ac-
tion was brought. 'l'he Copyholders affembled,
proceeded in a body, drew up round the ground,
the plaintiff had inelofede they pulled doim one
fence after another. till they had at length deffroy.
ed the whole; and. to add to the indecency and
impropriety of their conduet, they had banners
and flags flying during the, time they were fo en.
gaged. This was not the way they ought to have
proceeded.. When men had rights to try, they
ought to have them determined in a decent and
legal manner. The trefpafs applied to a number
of perfons, but the queftion would be decided as
to all of them by the pretknt aftion. The defen-
dants infifted they hada right, ai copyholders of the
manor, to commit the trefpafs complained of in
a place Called Bromley Thicks, becaufe there was
it cuftomary right of common of pafture attached
to it ; but, from the very nature of the place, it
was abfolutely impoftible that a right of common
ever could have been exercifed over it. It was
defcribed to him as a place In thick with trees and
bathes, that the nsoft ferocious animal could not I
itoffibly penetrate it, much lefs cattle graze upon
. It was covered with young ,trees and throbs,
which could not have had exiftence if beafts had
ever been turned lode in it. In addition to the
right of common of Nature, the copyholders alfo
claimed the right of eftovers for the neceffary re-
pairs of their fincei. It was poffible, that from
time to time the poor people had been permitted
to cut a few ftklts-or bathes for their ufe ; but that
did not effablifh any thing like a rightto fo.—
As a proof that there was-no right of eftovers, he
thould thew that in a leafs of one of the cuftomary
tenements of the manor, granted Lome time ago,
there was a covenant, that the tenant thould cut
Whet in Bromley Thicket, for the purpofe 'of
Snaking hedges on his farm. Why Inch a cove-
tant thould have been thought neeetary, if all the
tenants had a right of eftovers, was to him perfeet-
iitincomprehenfible. He thould prove the tref-
pail if it thould afterwards appear that the de-
findants had a right, which could not• be contra-
:fitted, they would of coterie be entitled to a vet-
diet ID their (avow. :It was much to be lamented
that a cafe of this kind could not have been atfjuft-
ed by both parties giving op fomething of their
tights. Whatever might be the event of the caufe,
and however injurious to the interefis of the plain-
tiff. he was Wooded it would not (top the cootie
of that benevolent condo& for which he had been
diftinguilhed during his refideace in the county.
Mr. Rowel, the Reward of Bromley, was pre-
fent when the trefpalit was committed. Gillfon
and Carter were there, with a great marry other
perfons, to the number of twenty or thirty ; they
went in a body, and pulled down the bank which
had been recently made to inclofe the Thicks.
'The Rev. Matthew Thompfon depofed as to
the defendants and the other copyhelders proceed-
ing with fpades and !hovels on their thoulders, and
handkerchiefs flyiag as banners, and pulling down
the bank. On his crofs-examination, he faid they
did not go ronnd the inelofare, but only made a
bteach large enough to admit cattle to pats over.
He did not go by appointment to fee the breach
made ; but, having received information that a
number of perfons had affembled to pull down Mr.
Hanfon's fences, he thought hinafelf bound, as al
Hagilitate, to attend, and particularly as the I
minds of tie people were a good deal agitated on
account of the high price of provifions.
Mr. ADAN*POUDfiI for the defendants, obferred,
Stet notwithtlanding the tremendous opening of
his Learned Friend, it appeared► from the evi.
dence of the lifigiftrate, that, whatever were the
;umbers of tfle copyholders who had attentled.to
pull down the fence, they had conduifted them-
fo peaceable a manner. that his interfe•
fence had teen altogether tomecetrary. . There
was soothing to eonfitkr in the cafe but a mere ab-

lira& qiteition'grii4t"ktersvhicithe perfoaded
the Jury would apply their minds with as much
impartiality towards ilk poor .cottsigeti,- as with
refpetei tt, the plaintiff, sihn was of equal t raok
with theinfelves. It was.neciffary he lhould def-
cribe the place in queilion, by *hick it Would 'sip.
pear how natural confequena it was theta riglat
of chmmon• lhottld hive citified over thl ?hicks.
United to the Thicks, by a very narrow iithmus,
was a place called Hare Green, which was like-
wife a waile. Upon the fide of Hare-Gteen were
the tenement of Gillian and the tenement of Car-
ter: all, therefore; that was neeeffary for theft, to
do, before this inclofure was made; was to turn
their cattle upon the green, and they had itigrefs
and egrets to and from the nicks., He thatild
carry back to a diftant period the right of the oc-
cupiers of thofe tenements foto turn out their cat.
tae, and Ihnuld thew that Hari Green, as well as
the Thicks, had been enniantly tired as pafture
for cattle. He Mould prove, from the entries on
the court rolls of the manor, that the copyholders
had always enjoyed a right of Anvers in the
Place called the Thieks. The Aril entry was in the
year t 666; it ivas prefented by the homage, that
John Wood had taken and carried away from the
Thicks a quantity of bathes, and hecaufe he was
hot a tenant of the Manor, he was fined ss. In
1738 it was prefented that, according to the cal:
torn of the Manor, she freehold tenants had no
right to cut any bulbs' or furze on the Thickets,
and they were forbidden, on pain of being amerced.
The Learned C.ounfel inftanced li.variety of entries
to fliew the exigence of a right of common, parti-
cularly entries by Which it appeared the tattle of
perfons who had furcharged the common had been
unpouncied. He contended, that if the 'cafe, as he
had gated it, was made out in evidence, it would
be fufficient to entitle the. defendants to a verdiel.
James Cooke fa4siv.he.had occupied Carter's co- •
pyhold tenement, from" the year tysz, for fax '
years. During oho time he occupied it he turned
his cattle on the Green, and they went where they
pleated t he fometimes found theni in the middle
of the 'nicks; there was nothing to flop them
from going there ; no hindrance whatever of any
kind; they generally went to the Thicks, becaufe
there Was the bell food for them ; not only his own
cattle were. there, but thole of other perfons, to the
number fornetimes of fifty or fixty.
Richard Nice raid, he knew the farm called
Hubbard's, in the poffeflion of GillMn ; he occu-
pied it nineteen years ago ; he tiled to put horfes
and cattle on the Wane, and in the Thick, when
aver he pleated ; 'they were never impounded for
being there, though Mr. jukes, the Reward of the
mannr,coniantly fart them; there was a pond in
the glicks, at which the cattle ufed to water; he
had turned out two bodes, two cows, and ten (beep
at a time, and drove them on the Thicks and back.
James Bacon knew the place in queflion long
bet .re the Old Style was altered ; he remembered a
perfon of the name of Rifby living where Carter
lived now ; his children ufed to drive his cattle in-
to the Thicks; he neversheard of any copyholder's
cattle having been impounded for being there; the
tenants ufed always to go to the Thicks to cut
furze and bullies, and what wood they wanted to
mend their fences.
Mr. Jukes titid, he was 74 years of age ; he had
known Bromley 45 years, and had been bailiff of
the manor 20 years ; he collated the quit rents
ofthe copyholders ; all the copyholiers tiled the
Thicks, and turned their cattle on, as they thought
proper; he knew no inflance of there having been
any cattle impounded, except they bad Brayed out
of ,another parifh ; it was with his knowledge the
cattle were turned on the Thicks, and he never
thought of preventing it, nor did they receive the
-
leaft interruption.
Mr. Jake Gaose.—" This is a very arcing
cafe the defendants have made out, even as it
Rands at prefent." •
Mr. GAIMOW raid, he bad an anfwer to it ; but
whether he Mould give it to-day depended upon
the plaintiff.
Mr. Juflice (limy repeated that it was a very
Chong cafe indeed ; but, at the fame time, not fu
arm% but it might be anfwered. He had no ob-
Jeaion to go fart:ter into it, if the plaintiff pleafed.
Mr. ADAM faid, he thould not urge a word more
for the defendants. • _ _

•Mr. GARROWs after confulting with his client,
obferved, that the plaintiff did not think it necef-
fary the caule thould go further at prcfent—he
fhould anfwer the cafe the defendants had made
out at fume future oppottunity.
The Plaintiff was nonfuitcd, and, of courfe,
will be obliged to throw open his inclofure.