HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0344 and id is 1 raw text is: FOOTE V. RICHARDS
Libel read.
6 art. Webb carried away the tithes contrary to stat. Edw. 6.
7 art. Pleads the statute.
8 art. Webb stopped Stephens from carrying away the tithes, and locked the
gate of the field where the tithes did grow, and fenced the lands by which he lost
the tithes.
Witnesses on the libel read.
1. William Leach. 8 art. Deponent, servant to Mary Webb; last harvest he
reaped wheat for her, and she carried away the wheat before the tithe was set out,
leaving only a small portion for the tithes, and Webb locked up the gate every time
her team was gone through.
2. Elizabeth Powell. 8 art. Webb's servants as they loaded left the tenth
sheaf of the wheat. Stephens' agent asked how they should carry away the tithe?
Webb told him through Emlin's ground, which was not a way.
3. Mary Price. 8 art. The wheat grew in an enclosed field; when Webb's
waggon was gone through the gate, her people shut it, and would not let Stephen's
waggon pass the same way.
[264] Webb's allegation, 1751, read.
3 art. Alleges the way her waggon went was through her private grounds;
that that was not the way for carrying the tithes, and she told him he must pull down
the hedge, and shewed him the right way.
Witnesses on second allegation.
1. Thomas Jones. 3 art. Powell, Stephens' agent, asked Webb which way he was
to carry the tithes, she told him the usual way was through Emlin's field.
2. Thomas Webb. To same purpose.
Webb's counsel insisted that the substance of this allegation was pleaded in the
libel, and the witnesses thereon had deposed that through Emlin's field was not the
right way, and that Webb had pleaded the contrary to shew it was the right way, had
examined and published thereon ; that therefore this allegation was prius positum et
contrarium prius positis super quibus.
I Stephens' counsel replied that if their witnesses had sworn on the libel that through
Emlin's ground was not the way, they had deposed extra articulum, and that part of
their deposition could not be read.
JUDGMENT-SIR GEORGE LEE. I thought the first article was prius positum, and
was rightly rejected; but as to the second article, though the substance of it was
proved by the witnesses on the libel, yet as they had deposed extra articulum, I
thought that article might be admitted; but for avoiding expence I proposed to the
[265] parties that I should pronounce against the appeal, that Webb's proctor should
consent to retaining the cause, and should declare in acts of court that he would not
object at the hearing to any of Stephens' witnesses on the libel as having deposed extra
articulum, by which Stephens would have the same benefit as if the second article was
admitted, to which they agreed, and I rejected the allegation, and decreed accordingly.
FOOTE against RICHARDS AND BARTLETT. Arches Court, By-Day after Hilary Term,
February 23rd, 1753.-In a suit under 5 & 6 Ed. 6, c. 4, not necessary that the
witnesses should depose that the party proceeded against chided, brawled, and
quarrelled; it is sufficient if they prove that words of brawling were used.
Appeal from Exeter.
Dr. Simpson for Richards and Bartlett. Prosecution by Richards and Bartlett,
churchwardens of Colstock, in Cornwall, against Mrs. Elizabeth Foote, for brawling
and quarrelling in the church, upon the statute of Ed. 6. ; the churchwardens presented
her at the visitation, and afterwards articled against her before the official of the arch-
deacon of Cornwall, who dismissed her; the churchwardens appealed to the chancellor
of Exeter; he pronounced for the appeal; reversed the sentence, and decreed Foote to
be suspended ab ingressu ecclesime for a month; Mrs. Foote has appealed from that
sentence to the Arches.
1 LEE, 264.](ViewImageLocal?handle=hein.slavery/ssactsengr0344&div=1&collection=&method=preview&ext=.png&size=3)