GRANT BROWN AND were for feveral years in the lifetime of Mrs. Jevan, and also fince, tenants, inhabitants, and occupiers of feveral houses, fhops, and cellars, within that part of the parish that is within the city of London. The bill therefore prayed to have an account of what houfes the defendants feverally held, what time they had occupied the fame, and what rents they had paid for the fame. The defendants fet forth and specified the particular houfes by them occupied, and the rents and values of the fame, and infifted that all the faid houfes were fituate in the precinct called White Friars; that the faid precinct was no part of the city of London at the time of making the decree and act of parliament in the thirty-feventh year of Henry the Eighth; but that the fame was made part of the liberty of the city of London by the late King James the Fift, and fubjected to the jurifdiction thereof by grants and letters patent, and therefore the faid act and decree did not extend to concern the defendants. They also infifted, that the precinct of White Friars was not within the parish of Saint Dunflan in the Weft, or the rectory or titheable places thereof, and denied that any rate or modus for the tithe was ever payable or paid by them to the parfon of the faid parish. or The plaintiff replied; the defendants rejoined; and witneffes were examined on both fides; and, upou reading feveral depofitions on both fides, as alfo copies of feveral ancient records and grants from THE CROWN, a trial at law was directed to be had before THE CHIEF BARON (aj upon thefe two iffues, viz. FIRST, Whether the precinct of White Friars was within the liberty of the city of London at the time when the act was made in the thirty-feventh year of Henry the Eighth ? SECONDLY, Whether the precinct of White Friars be within the parish of Saint Dunfan in the Weft ? The iffues were accordingly tried, and the one iffue found for the plaintiff, and the other for the defendants; but a new trial upon the faid iffues was ordered on payment of cofts to the defendants; on which trial, before a fpecial jury, it was found upon the firft iffue, "That White Friars was within London at the time the ftatute was made." But upon the fecond iffue, "That the precinct of White Friars was not within the parish "of Saint Dunfan in the Weft." The caufe came on to be further heard on the third of June 1694; when, upon reading the faid orders and poftea, and hearing counsel for the defendants, it was ordered that all the defendants fhould be abfolutely difmiffed from the faid bill; but before the faid order was entered, the plaintiff's counfel, on the (a) The caufe was tried before MR. BARON LECHMERE, the office of Chief Baron being at that time vacant. eighth of June inftant, alledging the caufe was brought on fooner than expected, it was ordered to come on this day; and on full debate, IT IS ORDERED BY THE COURT, that the faid bill be, and is hereby difmiffed. EDW. WARD. GRANT against BROWN AND ANOTHER. JOHN TURTON. JOHN POWELL. COLLEY against SMITH and Others. Dorfetfhire, 6th July 1694. TRIN. TERM, 6. WIL.& MAR. math of clover grafs in Buit THE 'HE plaintiff, as ector of Hamprefton, in the county of The rector of Dorfet, claimed all manner of tithes therein, and ftated, Hamprefton, in that the defendant Bebyn, for five years paft, had occupied the tithe of the Dorfetfire,claims clofes called the Woods, the Lower Mead, and Garland's Gate; berbage in a clofe that the defendant Smith, in the year 1692, occupied a clofe called the Woods, called Butt Clofe, and that the faid defendants fowed the fame and of the afterwith clover, and mowed and made the fame into hay twice in the faid year; and therefore the tithe of the fecond math ought to have been paid to the plaintiff, The defendants, by their anfwer, confeffed that they jointly The defendants or feverally occupied and enjoyed the faid feveral clofes in the fay the tithes of faid years (excepting the Woods for the year commencing at Lady to the impropri Day 1692), and that they kept thereon in each of the faid years ator of a portion barren and unprofitable and other cattle; that the tithe of the of the tithes ; herbage for feeding and depafturing the barren and unprofitable cattle in the clofes called the Woods ought to be paid to the impropriator of a portion of tithes within the faid parish, to which the tithes of the Woods belong, and not to the plaintiff. the Woods belong and that there is a cufto which exempts the af The defendant Smith confeffed, that he mowed the faid clover in the Butt Clofe twice in the faid year, and made the fame into hay, and averred that he paid tithe of the firft termath math; and that there is a custom in the faid parifh where the tithe. owner of meadow cuts and makes the firft math into grafs cocks, and pays the parfon the tenth thereof, he is difcharged of the tithe of the fecond math. from on hearing the are The plaintiff replied; the defendants rejoined; and witneffes But the Court, were examined; and, upon reading the depofitions, and an inden- evidence, ture made the eighth of April in the thirteenth year of James the of opinion, that Firft, being a conveyance of a portion of tithes in Hampreflon, the tithe of both under which the impropriator claims the faid portion of tithes; the herbage and and on full debate of the matter; forafmuch as it appeared to belong to the the Court that the plaintiff and his predeceffors have always plaint.ff; quietly had and received fatisfaction for the tithe of the herbage for the feeding and depafturing barren and unprofitable cattle the aftermath COLLEY against SMITH AND OTHERS and decrees the ly. in the faid clofes called the Woods; and for that it doth not ap pear that the impropriator, and thofe under whom he claims, ever received the tithe herbage in the faid closes, nor any small or other tithes, except corn and hay; THE COURT declared, that the tithe of the faid herbage fame according doth of right belong to the plaintiff, as rector of the faid rectory; and that the tithes of the fecond math of clover grafs in the defendant's answer set forth ought to be paid to the plaintiff. WHEREUPON IT IS ORDERED AND DECREED, that the defendants fhall feverally pay to the plaintiff the value of the tithes in arrear and demanded by the bill. EDW. WARD. TRIN. TERM, 6.WIL.&MAR. claims SAYER against MUMFORD and Others. London, 6th July 1694. The plaintiff, as THE bill ftated, that the mafter and scholars of Baliol Colleffee under Ba- lege, in Oxford, are feised in fee of the rectory or parfonage liol College, in Oxfords impropriate of Saint Lawrence Jury, in the city of London, and from the defend- entitled to all tithes, oblations, ecclefiaftical duties, and all cuf`ants 2s. 9d. in tomary and other payments in lieu of tithes within the the pound on faid parish; that being fo feifed, they, by indenture dated the their respective rents in lieu of twenty-fixth of March 1692, demifed all and fingular the faid tithes, pursuant tithes, and other ecclefiaftical duties and payments to the to the ftatute 37. plaintiff for twenty-one years, under the yearly rent of forty Hen. 8. c. 12. pounds, and seven shillings, payable, viz. to the mafter and scholars, twenty pounds feven fhillings a-year; and to the vicar of the church, twenty pounds a-year; by virtue of which leafe, he is entitled to have the faid tithes and other ecclefiaftical duties for a year and upwards, or elfe fuch payments in lieu of tithes as are by cuftom or common right, or by the decree made in the thirty-feventh year of Henry the Eighth, due to him; that, time out of mind, there hath been paid by the parishioners, inhabitants and occupiers of houses and other titheable matters within the faid parish, to the proprietors of the faid rectory, a cuftomary pound rate for or in lieu of tithes, or elfe, according to the faid decree, for every ten fhillings rent, one fhilling and fourpence halfpenny per annum; and for every twenty fhillings rent, two fhillings and ninepence per annum, and fo above that rent, according to the faid rate; that the defendants, or fome other of the parishioners, have, for fixty years or upwards, been leffees of the faid rectory under the faid mafter and fcholars, during which time great alterations were made in the buildings within the faid parish by reason of SAYER against MUMFORD of the great fire, fo that the plaintiff cannot discover what the ancient tithes were, or of whom to demand the fame; and they having got into their hands all the ancient books, terriers, AND OTHERS. and writings relating to the faid tithes, do deny to pay the plaintiff any tithes, or any cuftomary or other payments in lieu of tithes, or according to the aforefaid decree of two fhillings and ninepence in the pound. The bill therefore prayed, that the defendants might difcover what houfes or other things titheable in the faid parish they were poffeffors or occupiers of during 1692, and the time they were charged to be in arrear for their tithes, together with the yearly rents and values thereof, and what customary or other fums of money they have paid for, or in lieu of tithes, or have known to be paid by others, and that they may discover and deliver up the ancient books, &c. and pay the plaintiff their tithes or the cuftomary rate pursuant to the decree. The defendants, by their anfwer, confeffed the plaintiff's title The defendants to the tithes, but faid they did not know of any cuftomary rates plead the ftatute for affeffments or payments of tithes, or any fum of money in lieu 22. & 23. Car, thereof, or that any oblations, obventions, or other ecclefiafti- 2. c. 15. cal duties had been paid, or were payable, other than in the affeffments annexed to their anfwers, which were made by the Ratute 22. & 23. Car. 2. c. 15. intitled, an "An Act for the "better fettlement and maintenance of the parfons, vicars, and "curates in the parishes burnt by the late dreadful fire." And the defendants fet forth the yearly rents of their houses, and other things in their poffeffions, and confeffed, that fome of the inhabitants in truft for the faid` parish have been leffees of the faid tithes upon several leases for the time in the bill mentioned, the laft whereof, being made to the defendants Caplin and others, expired at Lady Day 1692; and that the churchwardens had ufually collected the faid tithes, and that they are indebted to the plaintiff for the fum rated in the affeffments upon their houses from the end of the faid leafe, which they were ready to pay. The plaintiff replied; the defendants rejoined; but no wit. neffes were examined; and upon reading an old book relating to the faid tithes in 1643, and several old books and writings produced by both fides, and on full debate of the matter, IT IS ORDERED AND DECREED (a), that the defendants fhall respectively account to the plaintiff for the tithes of the feveral houses and other titheable matters in their poffeffion, after the rate of two fhillings and ninepence for every pound of the yearly rents or values thereof from the time the laft parish lease expired, being at Lady Day 1692, to the time of exhibiting the The defendants ordered to pay their tithes purfuant to 37.Hen 3 SAYER against MUMFORD AND OTHERS. Cofts. A rehearing granted. The former de faid bill; and it is hereby referred to the deputy remembrancer to take the faid account accordingly. In pursuance of the faid decree the deputy remembrancer made his report, dated the fifteenth of October laft, and the caufe, being in the paper, came on to be heard the twenty-fifth of October laft, when upon reading the order and report and hearing counsel on both fides, it was ordered to ftand over for the Court to confider of cofts. Upon the fixth of November instant, on an application by the defendant's counsel, and on reading a petition for a rehearing, andthe plaintiff's counfel oppofing the fame, it was ordered that the caufe fhould be reheard this day, and that the defendants fhould pay five pounds cofts for the rehearing, together with three pounds cofts for the laft day's attendance. On the fifteenth of November 1694, upon hearing Counfel; and on reading the faid act of parliament made in the twentyfecond and twenty-third year of Charles the Second; and alfo on reading the report and on full debate, IT IS ORDERED AND DECREED by THE LORD CHANCELcree confirmed. LOR (a) and THE BARONS (b), that the former decree, and alfo the report, fhall be, and are hereby ratified and confirmed, and that the faid defendants refpectively pay to the faid plaintiff the feveral fums reported due from them, with the plaintiff's cofts, to be taxed. (a) MONTAGUE, Chancellor. (b) NICH. LECHMERE, JOHN TURTON, and JOHN POWELL. MICH. TERM, 6. WIL.& Mar. executrix of her hufband, claims UMFREILLE against BATCHELOR and Others. The plaintiff, as THE plaintiff, as executrix of the laft will and teftament of her late husband deceased, did, in Trinity Term, in the tithes of Saint twenty-fecond year of Charies the Second, exhibit her bill against Botolph Aldgate, the defendants, to have two fhillings and ninepence in the according to 37. pound for tithes due in the life time of her late husband, he Hen. 8. c. 12. The defendant being owner and impropriator of the parish of St. Botolph without Aldgate, part of which parifh lieth within the liberties of the city of London, and the other part in the county of Middlefex, and the defendant Batchelor being occupier of feveral houfes within that part of the parish which lieth within the liberty of the city of London. The defendant by his answer stated, that for the time defates the pre-manded by the bill, he had been occupier of one houfe in Rofe nifes he holds. and Crown Court, in Houndfditch, and of another house in Covent Garden, |