Sidebilder
PDF
ePub

WAUGH

against GREENWOOD. The defendant

fhock in lieu of

tithes ;

was

The defendant denied that he or his predeceffors ever had any tithe of corn and hay, or that there was any modus for the fame within the townfhips of Darrington or Wentbridge; for that the archbishop was owner of the fame there, and that G. Holgate had ftates, that the a leafe of the tithe of corn there for three lives, except the tithes of Derringdeanery tithes, which were leafed to J. Holgate; and that on were leafed to R. Cookfon had a leafe for all tithe hay within the vicarage of T. Holgate, Darrington; and he ftated, that there were lands in Darrington, to whom he had cailed the Demefne Lands, that paid for the tithe of corn the thir- paid the thirtieth tieth fhock, to the faid G. Holgate; that the plaintiff had received the privy tithes in kind, or the value thereof; that, for five years that he paft, he had been owner of lands in Stapleton, and of Holgate owner of lands Farm, and had fown the fame with feveral forts of grain; and in Stapleton, and for the faid five years he fet forth the quantities and values of of Holgate Farm ; and that he had the corn he had fown on fifteen acres of Demefne Lands in Stapleton paid the vicar the Manor; and that for that time he had paid to the plaintiff, or thirtieth fhock, his leffee, the thirtieth fhock, being his tithe in kind. He alfo &c. ; fet forth the quantity and value of the hay he had on his lands in the faid years, for which, he faid, the plaintiff had received one and flates a mo fhilling and fixpence per annum, as a modus for the fame; and that dus of 188. anever any tithe hay was paid in kind; that in the faid years he had year, in lieu of not any cows; but he fet forth the number of fheep, for which he fatisfied the plaintiff in money for the tithe; and the quantities and values of the corn and grain he had fowed on Helgate Farm during the faid time; and also what quantity of hay he had thereon, and the value, for which corn and hay he paid the plaintiff fourpence per annum, in full fatisfaction, according to the modus

tithe hay;

action at law.

there; that he had obtained a verdict at the common law in and a verdict in an action commenced by the plaintiff for the faid tithes; and that his favour in an he was not any ways indebted to the plaintiff for any cuftomary payments, or other things demanded by bill.

receiving the

The plaintiff replied, that as to the corn and grain grown The plaintiff ac upon the lands called the Demefne Lands belonging to the manor- knowledges the houfe of Stapleton, called Stapleton Hall, in the anfwer mentioned, thirtieth fhock, he had received, during the faid years, the thirtieth fhock of the but denies it was faid feveral forts of grain, but received not the fame in full fatif- in full fatisfacfaction of the tithes of the faid corn and grain fown upon the tion of his tithes, faid Demefne Lands, nor was there ever any agreement between him and the defendant fo to accept the fame, but for his prefent fubfiftence was forced to take what he could get, and therefore took the fame de bene effe until he could feek the further aid of this court to be reftored to the refidue, hoping thereby he was not stopped or concluded to demand his full tenths of the faid corn and grain, as, time out of mind, had been paid, and of common right was due; and that if the defendant fhould prove the custom of paying the thirtieth fhock in difcharge of the full tithes of the faid corn and grain, the contrary whereof the plaintiff hoped he fhould prove, the faid cuftom or prefcription

was

WAUGH against GREENWOOD.

The

matters

was unreafonable, and wholly infufficient to bar him of his demand of full tithes in kind of the faid corn and grain.

Upon hearing counsel on both fides; and upon long debate ; read in evidence, and upon producing an exemplification of a verdict obtained by the defendant at common law in an action commenced by the plaintiff for the tithes for two of the years in queftion; the defendant's counsel alledging to the Court, that it was fully in proof in the cause, that the plaintiff had right only to the thirtieth fheaf of corn arifing from the Demefne Lands of Stapleton; and likewise, that the faid plaintiff had right only to eighteen pence per annum as a modus for all tithe hay arifing from the faid Demefne Lands of Stapleton aforefaid, which had been paid accordingly, and received by the plaintiff; and that the fourpence a-year as a modus had always been paid for all tithes due to the vicar of Darrington, arising of and from Holgate Farm; and that the plaintiff had received the fame accordingly;

The defendant difiniffed.

IT IS ORDERED AND ADJUDGED BY THE COURT, that the faid defendant be, and is hereby difmiffed of and from the faid bill, and the feveral matters therein contained, with moderate cofts, if the plaintiff do not hereafter put the defendant to further trouble for the faid tithes.

WM. MONTAgu.
TIM. LITTLETON.
EDW. THURLAND.

FR. BRAMSTON.

HILARY TERM 30. CAR. 2.

The vicar of

[ocr errors]

DODD, Clerk, against INGLETON.

Effex, 24th February 1678.

Chigwell, in THE plaintiff, as vicar of the vicarage and parish-church of Chigwell, in the county of Effex, claimed the tithe of fex, claims the milk, and complained, that the defendant, under colour of fome tithe of milk, and infifts, that words in a decretal order made in this court in a former cause defendant between the now plaintiff and H. Hudson and others, inhabitants ought to fend it of Chigwell (a), had not fent or carried the fame to the plainto the vicarage. tiff's houfe every tenth day, or meal as he ought to have done, 1. Freem. 329. according to the custom of the faid parish.

the

Raym. 277.
Rayn. 54.

(a) In the cafe of the prefent plaintiff, Dodd, v. Hudfon, 29th April 1675, 27. Car. 2 the Court ordered, that the "defendants shall pay to the plaintiff "tithe milk in kind all the year round, "the faid plaintiff or his tithe gatherer "making a demand of the fame at the "refpeétive habitations of the faid de

"fendants."

Book of Decrees and Orders. See the caufe of Wickham v. Thrower, ante, page 143.; Gee v. Perch, Rayner, 98.; Carthew v. Edwards, 3. Burn. E L. 467.; Bofworth v. Limbrick, Rayner, 809. 841. Cullemore . Bofworth, Rayner, 938. Hutchins v. Full, Rayner, 1010.

The

The defendant denied any custom for carrying tithe milk to the vicar's house.

DODD

against INGLETON.

The defendant fays, the vicar ought to fend for it.

tenth meal's milk

THE COURT being unanimously of opinion, that the tenth The Court of meal's milk, and not the tenth of every meal's milk, ought to be opinion, that the paid for tithes, it is ordered, by confent of the defendant's ought to be counfel, that the defendant, for the future, fhall pay to the paid; plaintiff his whole tenth meal's milk of all his cows every even

ing.

fen lant's carry

they

fel and civilians.

But as there was not any custom within the faid parish of but as to the Chigwell infifted on by either fide, for the plaintiff's fetching his plaintiff's fetch. tithe milk, or for the defendant's bringing the fame either to the ing it, or the dechurch porch, or to the vicarage-houfe in the faid parish of ing it to the viChigwell; and the Court being divided in opinion, whether of carage, right the fame ought to be fetched by the plaintiff, or carried by will hear counthe defendant? the cause was ordered to ftand over, that the Court might further confider and advise thereof in the mean time; and, on the fifteenth of May 1679, it was further ordered again to stand over, and that the Court will hear counsel on both fides, as well civilians as others, as to the common law right; and on the twenty-fecond of May 1679, after hearing the civi- The lian, and counfel on both fides, and upon full debate, it was argued by civi ordered again to stand over for the opinion of the Court.

On the tenth of November 1679, the cause came on to be further heard, when

ians,

question

IT WAS ORDERED, ADJUDGED, AND DECREED BY THE COURT, and decreed the that the defendant, for the future, fhall pay to the plaintiff his whole tenth whole tenth meal's milk of all his cows every morning, and his meals milk e whole tenth meal's milk every evening (a); and for that there is very morning and evening; not any custom within the faid parifh of Chigwell infifted upon on either fide for the plaintiff's fetching his tithe milk, or for the faid defendant bringing the fame, either to the churchporch, or to the vicarage-houfe in the faid parish of Chigwell; and the Court being of opinion, that tithe milk is due of common right, and that as well for the preservation of the fame as for the convenience in collecting the faid milk, the fame ought to be brought to the plaintiff, IT IS THEREUPON FURTHER ORDERED, and carry or fend &c. that the defendant, for the future, fhall bring or fend his the fame every tithe-milk to the church-porch within the faid parish of Chigwell, tenth morning

(6) See accord. Bate v. Spracking, Bunb. 20. and Dodson v. Oliver, Bunb,

and evening to the church

73.; Gee v. Perch, Rayner, 98.; Hut- porch.
chins . Fish, Rayn, 1004,

as

DODD against INGLETON,

as the fame fhall become due from time to time, that is to fay, his, the defendant's, whole tenth meal's milk every tenth morning, and his whole tenth meal's milk every evening, to the end that the plaintiff, or his agent, or fervant, in that behalf appointed, may receive the fame accordingly without cofts.

WM. MONTAGU.
THO. RAYMOND.
EDW. ATKYNS.

WM. GREGORY.

HILARY TERM

30. CAR. 2.

USHER against FOSTER.

Cumberland, 13th February 1678.

The plaintiff THE plaintiff, as rector of the parfonage of Bewcastle, in the claims tithe of county of Cumberland, demanded tithes of certain pasture the pastures cal- grounds.

led Kirfofp and

Blacklevin, in the parish of Berveafile, in the county of Cumberland.

barren heaths,

The defendant The defendant answered, that he was and is feifed in fee tail of fays, they are certain pafture grounds called Kirfopp and Blacklevin, lying on which no hay within the precincts of the faid rectory; that the faid pafture can be made, grounds are barren heath, unfit for hay or any kind of tillage, and only useful and ufually hath been, and are employed for a sheep walk; and that as a freep walk; there is a modus to pay to the rector of Bewcastle eleven fhillings and that there is in lieu, and fatisfaction, and difcharge of all tithes whatsoever, fhillings a-year yearly happening out of the aforefaid grounds.

a modus of eleven

in lieu of all tithes whatsoever.

An iffue directed

dus.

A trial at law was directed; the iffue to be, whether, time to try the mi- whereof the memory of man is not to the contrary, the owners and poffeffors of the faid grounds called Kirfopp and Blacklevin, lying within the precincts of the faid rectory, have paid yearly to the rectors or farmers of the faid rectory for the time being the fum of eleven shillings, in lieu and full fatisfaction of all manner of tithes iffuing, growing, and renewing, yearly, upon the faid grounds, and hath, during all the faid time, been yearly accepted and taken by the rectors or farmers, except by the plaintiff or his farmers, in lieu and full fatisfaction of the faid tithes ? A trial was had; and a verdict passed for the defendant.

17th Nov. 1679. A verdict for the defendant. The bill difmiffed.

THE COURT therefore ordered the defendant to be difiniffed of and from the faid bill, and all the matters and things therein contained.

[ocr errors][merged small]

SCUDAMORE against PEMBERTON, Knt. and Others. EASTER TERM

London, 22d May 1679.

31. CAR. 2.

in London, claims

TH "HE bill stated, that by indenture tripartite, dated the four- The rector of teenth of November, in the fifteenth year of his prefent Saint Dunstan' majefty's reign, made between R. Coks, impropriator of the 2s. 9d in the rectory of Saint Dunstan's in the Weft, in the city of London, of the pound, pursuant first part; . Thompson, clerk, vicar of the faid church, of the to 37. Hen, S. fecond part; and the plaintiff Scudamore of the third part; all c. 12, that rectory and vicarage, with its rights, &c. and all tithes, oblations, profits, and advantages, thereunto belonging, were demifed, bargained, and fold to the plaintiff, to hold for ninetynine years, if the faid Thompson fhould fo long live and continue vicar thereof; that by virtue of the faid demife the plaintiff became entitled to all the profits of the faid rectory and vicarage; that fome part of the parifh lieth inthe city of London,and another part in the fuburbs of the faid city, within the county of Middlefex; that the defendants had been owners or inhabitants of houses, &c. therein; and that feveral rates or fums of ntoney were due to the plaintiff; which they refufed to pay. The bill, therefore, prayed relief in the premifes.

The defendants' counfel infifted, that the defendants' refpec- The defendant tive houfes were difcharged from the payment of two fhillings infifts on a m and ninepence in the pound, by reafon of certain ancient cuftomary payments for their faid houfes, in lien of tithes for their faid houfes, or of the ground on which they were built.

THE COURT ordered, that trials fhall be had touching the validity of the modules; the equity of the caufe to be referved till after the fame be had.

dus of 8s. 118. quarterly.

Verdict in fas vour of the mure

Accordingly a trial was had; and the jury found, that by cuf- 10th Dec. 1679tom a certain fum of money was payable, and accustomed to be paid, from time to time, every year, time out of mind, viz. eight dus. fhillings and elevenpence quarterly, for and in fatisfaction of all tithes of the ancient house and garden (in the occupation of Sir George Benyon), to the proprietor of the tithes of Saint Dunftan in the Weft; and that two fhillings and ninepeace in the pound, according to the annual rent of the faid ancient meffuage and garden, with the appurtenances, was never paid, nor ought to be paid, to the proprietor of the tithes of Saint Dunsian, for the tithe of the faid ancient meffuage, with the appurtenances.

The cause now came on to be heard upon the equity reserved; and upon reading the faid order and poftea, and hearing counfel,

IT IS THIS DAY ORDERED BY THE COURT, that the defendant The defendants Sir F. Pemberton fhall be, and is hereby difmiffed out of this difmiffed.

court,

« ForrigeFortsett »