330 The Sceiety’s MSS.—Chisledon. 
decisive Evidence can be adduced sufficient to prove its non-existence at any time 
subsequent thereto it could not be a good modus. It is not however expected on 
the part of the occupier setting up a modus that he should be prepared to prove 
the Existence of the Modus during the whole of this long period. Long and 
continued Vsage is deemed Evidence of the immemorial Existence unless the 
contrary is proved on the part of the Tithe owner. These are the general 
principles. If the Evidence is decisive either way the Court of Exchequer on a 
Suit being instituted there may decide the matter in the first Instance. IE it is 
brought to be a matter of doubt the course is to refer the Question to be decided 
in an Issue before a Jury who are not in general disposed to favor the Tithe 
owner. In the present case the Vsage is stated to be in favor of the Occupier 
without any Evidence to impeach the Antiquity of the payment or to set up even 
Reputation of Tithes in kind being due, except such as may be aftorded by the 
written documents viz'. the Instrument of 1412 & the Terrier of 1705 and the 
Presumption of Rankness from the Magnitude of the payment neither of which 
(tho’ affording fair Inferences against the Modus and tending strongly to shew 
it to have been merely a modern temporary Composition) are in my opinion so 
decisive that I can venture to assure the Vicar of Success without the Risque of 
an Issue. These observations will I hope enable M'. Warner to decide for 
himself whether any benefit likely to result from the successfull Issue of a Contest 
s sufficient to induce him to engage in a litigation which must be attended with 
considerable Expense Trouble and Vneertainty as to the Event. 
Tho*. Plumer 
Line. Inn Dee. 7, 1801. 
[Endorsed] Copy Case with M' Plumer’s opinion respecting the small Tythes of 
the Tything of Badbury in the parish of Chisledon in the County of Wilts. 
Williams 
Bedford Row 
No. 14. 
(A.D. 1839.] 
CHISELDON ParIsH. 
Extract from the Report of the Commissioners of Charities 1839. 
The Parliamentary return of 1786 states that Richard Harvey by will 1668 
gave lands then vested in the Lord of the Manor and Vicar for 20 poor house- 
keepers. 
The only existing Charity Property in the Parish is a close of land called the 
Poors Mead containing 3*. 2”, 0 and it is not known when or by whom or in what 
manner the land was given. 
The rent of it is yearly distributed on St. Thomas’ day by the Minister and 
Churchwardens amongst 20 of the most deserving poor Parishioners not receiving 
alms. 
A memorial to Richard Harvey, above mentioned, was set up in 
Chisledon Church, and noted by John Aubrey. Guided by the 
