3904 ANNUAL REGISTER, 1815. 
~ in this species of property ; and 
the defendant’s counsel intimated 
his intention of bringing the sub- 
ject before the Court of King’s 
Bench. 
Lord Le Despencer v. Eveleigh, 
Clerk.—This was am issue direct- 
ed by the court of Exchequer to 
try whether certain woodlands 
belonging to the plaintiff were 
titheable ; and secondly, whether 
the locus in quo was within the 
district called the Weald of Kent. 
The cause, from the amount of 
property which depended upon 
its result, excited a very consi- 
derable degree of interest. The 
main question was, as to the 
boundary that divided the Wealds 
of Kent. Upon this depended 
whether the plaintiff's property 
was of was not tithe free; for by 
an ancient and immemorial cus- 
tom the Wealds of Kent are ex- 
empt from tythe. It was there- 
fore the object of the plaintiff to 
shew that his estate was within 
the boundary line, and with 
this view, he contended, that the 
‘road known as the Pilgrims-road, 
was the true and exact boundary 
line. This road passed along the 
range of white chalk hills that 
run from West Peckham by 
Maidstone, and on to the eastern 
parts of the county. Asa proof 
that this was the boundary, the 
Solicitor General said he should 
prove that all the lands south of 
‘this line were tithe free, and he 
‘should also prove that they were 
subject to an ancient custom, cal- 
‘led Land Peerage, in virtue of 
which the trees on the waste were 
‘not the property of the Lord of 
‘the Manor, but of the tenants 
‘nearest to' them. . A vast number 
of witnesses were examined, who 
clearly deposed to the Pilgrims’- 
road being the boundary line, 
and to the lands south of that line 
being tithe free. Earl Stanhope 
stated his opinion to that effect in 
the most positive manner. He 
spoke of it as a circumstance 
which tradition verified—he said 
his father had assured him the 
Pilgrims’-road_ was the bound- 
ary, and that no tithe was- paid 
within it. The case consequently, 
on the part of the plaintiff, appear- 
ed to have been completely made 
out. On the part of the defen- 
dant it was contended by Mr. 
Serjeant Best, that the Pilgrims’- 
road and chalk hills did not form 
the boundary, but that the bound- 
ary of the Kent Wealds was the 
Red-hills. He said he should prove 
that tithe was paid within the line 
described by the plaintiff as the 
boundary, and if he did so, there 
would be an end of the plaintiff’s 
case. He accordingly produced 
as many witnesses as the plain- 
tiff, all of whom as positively and 
distinctly stated that the Red-hills 
were the boundary. It was also 
proved, that nearly all the parishes 
within the district, which the 
plaintiff said- was. part of the 
weald, paid tithe to the clergy- 
men. Endowments, terriers, and 
a variety of ancient documents, 
shewed the whole district to be 
titheable. It followed, that the 
foundation of the plaintiff’s case 
was taken away, and the jury, . 
after atrial of ten hours, without 
suffering the learned judge to 
sum up the evidence, returned a 
verdict for the defendant, by 
-which the right of the clergy to 
tithes, within a wide'district, is 
completely established. 
