Imatges de pÓgina

tial reference and partial detail ; and that I should render a service not altogether unacceptable to the profession (for I should save them much manual labour and muscular ex. ertion) if I were to present to them in a commodious form the several cases upon the subject of Tithes, which lie dispersed in many a cumbrous folio. I have acted in obedience to that advice; and in the following pages the reader will find, with much of novelty, much that he has already Tead, and may already possess. It was my object to make a whole ; and whilst the whole consists of all its parts, I cannot compliment the reader with a rejection of some of the parts, when I give him the whole.

I have to regret, that the marginal abstracts of the cases are not always entitled to that credit which they ought to carry with them. Those will, in general, be found, I believe, the most faulty, which are affixed to the cases extracted from the printed books. The truth is, that too easy admission was given to what had been already published; and from the want of due examination, the looseness or inaccuracy of the statement was not discovered until it was too late to correct it. However, I am confident, that these defects will be amply supplied in the index, the care of preparing which is devolved upon a Gentleman of extensive legal information and great critical exactness. He will, no doubt, seize many points which have escaped me, and retrace passages which I have left too faintly marked.

The tract which I intend to prefix to these volumes will, I hope, be ready for publication in no very great length of time. A part of it is actually printed; and I -am not aware of any other obstacles than those which the elements, a tropical climate, or the incidents of war, may raise, that are likely to interrupt the completion of it. The work has hung longer than it ought to have done, since I gave the profession reason to expect it, and I have to apologize to them for the delay. I am not, however, conscious that much of that delay, great as it has been, can be fairly imputed to me. It was not a matter of a day to


collect the manuscripts which I have been favoured with, as they lay in many hands. The communications were not always obtained with equal facility. My applications were sometimes silenced by the deep tones of business, and sometimes waved by the civil apologies of gentlemanly indolence. I had sometimes to hear from clerks that their masters were inaccessible, except to clients ; I had sometimes to' excuse myself for intruding upon men who had nothing to do. It is, surely, not to be wondered at, if I was occasionally disconcerted; if languor succeeded to disappointment, and I became indifferent to a work, about the prosecution of which the world shewed no con

But this was not the only cause which contributed to check its progress. It seemed to little purpose to state and discuss the law, when the subject-matter itself was threatened with annihilation; when men were industriously taught to believe that agriculture would derive vigour from the abolition of Tithes, and the state would find resources in their ruins. A bold financial policy, favoured by the indifferency of a great part of mankind to every thing connected with religion, and supported by the zeal of sectarism, the wiles of interest, and the prejudices of ignorance at the view of such a combination acting at a most alarming juncture, amidst the distresses of war and of scarcity, I will confess, I have often thrown down my pen, and desisted from the pursuit of an inquiry which seemed to be fruitless.


Portsea, March 2, 1801.

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Becke, Mayne v. 155

Beckwith, Pemberton v. 608

Bedel, Robinson v. 221

Bedford v. Sambell, 1058

Bedingfield v. Feak, 166

Bedle v. Beard, 332

Bell, Skidmore v. 227

Bell v. Read, 804

Bellamy, Parsons v. 1829

Bendlowes, Thorpe v. 899

Benn, Dawes v. 1958. 2061

Bennet, Parry and Gibbs v. 1490

v. Read, 1272

v. Shortwright, 175. 1611

Sims v. 874

v. Trepass, 633
Bennett v. Neale, 1678

v. Skeflington, 1826

Prevost v. 1723. 1756
Benning v. Douce, 622
Benson, Bligh v. 1914

Jackson v. 2074
Benson v. Olive, 701

v. Watkins, 612

Bentley, Lloyd v. 1615

Benton v. Sawbridge, 1397

v. Trot, 194. 208

Beresford v. 2070

Berners v. Hillett, 871

Berney v. Chambers, 673, 674

Berney v. Harvey, 1653

Bertie v. Beaumont, 1759

Berwick v. Swanton, 537

Best, Higham v. 1568

Bibye v. Huxley, 657. 837

Bidgood, Arnold v. 249

Biggs v. Martin and Letts, 542. 834

Billinghurst, Hughes v. 641

Birch v. Stone, 649

Bird v. Adams, 966

Bishop v. Arundell, 585

v. Chichester, 1316
Blackburn v. Jepson, 1657
Blacket, Sir Edward, v. Dr. Finney, 661

v. Langlands, 1368

Blackwell's Case, 220

Blair and Attorney General v. Cholmley,

Blake, Croft v. 530
Blake, Foreman v. 1929

v. Veysie, 1736
Bligh v. Benson, 1914
Blincoe v. Barksdale, 197

Lord Petro v. 1484

Bliss v. Chandler, 625

Blundell v. Mawdesly, 1700

Blunt, Twiss v. 514

Bois, Johnson v. 373

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Bolton, Lowther v. 1120

Brown v. Barlow, 1001

Bond v. Barrow, 1494

Dryden v. 1401

Trewin v. 565

Grant v. 544

Bonsey v. Lee, 534

v. Mugg, 566

Booth, Byam v. 1744

v. Thetford, 431

Booth, Edmunds v. 228

Brownlow, Lord, Devie v. 1128

Booty, Durrant v. 578

Browse, Mallock v. 905

Bordley v. Tims, 540

Bruton, Lake v. 775

Boscawen v. Roberts, 946

Buck v. Witt, 1574

Bosworth v. Limbrick, Cullimore, and Buckden, Parson of, Bishop of Win-

Stock, 1101

chester v. 182

Botolph, St. (Parson of) Case, 434 Buckhurst v. Newnton, 838

Boughton v. Hustler, 951

Bucklea, Bishop of Norwich, and

v. Wright, 658

Eachard v. 610

Boulton v. Richards, 1907

Buffkeen, Green v. 197

Bourke v.
Isaac, 1759

Bullen v. Michel, 1779
Bousher v. Morgan, 1416

Bullen, Michel, v. 1788

Bower v. Major, 1913

Bullock, More v. 1575

Bowman, Lygon v. 1374

Burbage, Burslem v. 1324
Bowyer, Reed v. 1722

Burfey and another, S. G. Shirley v.

Bowyer, Urrey v. 250


Boyer's Case, 374

Burgess Dr. v. Symons, 433

Boys v. Ellis, 647

Burnell v. Jenkins, 1792

Brabourne v. Eyres, 700

Burrell, Dunn v. 299. 643
Bradley v. Bensted, 2076

Burslem v. Burbage, 1324
Bradshaw v. Clifton, 1014

Earl of Coventry o. 1596
Bragg, Hele v. 861

Spencer, et e contra, 746

Bramston v. Heron, 1314

Burt, Gumley v. 656

Branche's Case, 156

Burwell v. Coates, 646
Brassier, Steers v. 742

Bury St. Edmund's Corporation and

Brazen Nose College, Twiss v. 514 Wright v. Evans, 757

Breamer v. Thornton, 1031

Bush v. Hunt, 157

Breary v. Manby, 904

Bushel, Bawdrie v. 683

Bree v. Chaplin, 1033

Butcher, Margetts v. 531
v. Drew, 700

Butler, Goodale v. 204. 1003
Brewer v. Hill, 1418

Butt, Cook v. 2029
Brewster, Erskine v. 961

v. Howard, 2030
Bridgman, Lapthorpe v. 358

Butter v. Heathby, 928

Bridgewater Duke of, Bishop of Here- Button, Filewood v. 1424

ford v. 677. 786

v. Honey, 511

Briggs, Morton v. 561

Buxton v. Hutchison, 535
Brightwell, Carlton v. 676

Byam v. Booth, 1744
Bricklow v. Edmunds, 711

Byne v. Dodderidge, 579
Bristol, Dean and Chapter of, v. Clerke, Byron v. Lamb, 1594

v. Donnesthorpe, 1396
Britton, Ward v. 330


Broadhurst v. Baldwin, 1810

Broadley v. Brocklebank, 1169 Cage v. Warner and another, 513

Brock, Pyke v. 1345

Caldwall, Glass v. 1030
v. Richardson, 1303

Caley v. Williamson, 1123
Brocklebank, Broadley v. 1169

Calland, Rose v. 1620
Brooke, Robinson v. 471

Calmady v. Ryder, 265
Brooke v. Rogers, 833

Calmell, Chave o. 926
Brooking, Drake v. 594

v. Sherratt and Muchell, 1171

Brookland v. Golding, 1657

Camell v. Ward, 531

Brooksley v. Watts, 1743

Canning qui tam, &c. v. Jones, 364

Broughton v. Gousley, 1003

&c. v. Newman, 365

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