330 



The Society's MSS —Chisledon. 



decisive Evidence can be adduced sufficient to prove its non-existence at any time Ml 

 subsequent thereto it could not be a good modus. It is not however expected on ft 1 , 

 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 j 

 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 1 

 Suit being instituted there may decide the matter in the first Instance. If it is ft 

 brought to be a matter of doubt the course is to refer the Question to be decided j 

 in an Issue before a Jury who are not in general disposed to favor the Tithe f 

 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 [ 

 Keputation of Tithes in kind being due, except such as may be afforded by the J 

 written documents viz 1 , the Instrument of 1412 & the Terrier of 1705 and the j 

 Presumption of Rankness from the Magnitude of the payment neither of which 

 (tho' affording fair Inferences against the Modus and tending strongly to shew 1 

 it to have been merely a modern temporary Composition) are in my opinion so i 

 decisive that I can venture to assure the Vicar of Success without the Hisque of i 

 an Issue. These observations will I hope enable M r . Warner to decide for 1 

 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 v 

 considerable Expense Trouble and Vncertainty as to the Event. 



Tho R . Plumer 1 

 Line. Inn Dec. 7, 1801. 

 [Endorsed] Copy Case with M r 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 Paeish. 



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 a . 2 1 '. 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 Bichard Harvey, above mentioned, was set up in 

 Chisledon Church, and noted by John Aubrey. Guided by the 



