manded by the bill; and therefore ordered, that the bill be dif- THORNGATE. miffed with moderate cofts. EDW. WARD. HEN. HATSELL. AND ANOTHER against WALLOP. ELSTONE against SowDEN and Others. Devonshire, 26th June 1700. ΤΗ lieu of the tithes of all wood cut in the lands called Weft Stoney Field Wood, in The defendants admitted, that the defendant Sorden, just before the filing of the bill, purchafed a tenement called Weft Stoney Field, whereof the faid wood is part, containing about feventeen acres, which wood not having been cut for thirty years paft, there were several timber trees, and most of the coppice-wood fit to be used as fuch, and that the faid Sqwden fold the faid wood and underwood (except thirty trees on every acre) to the other defendants the Reeds, who have fince fold one third part of it to the defendant Heywood; and they infifted, that no tithe was payable for any tenement within the faid parish, and particularly for the wood cut on the faid tenement, other than a modus, which hath been time out of mind paid, viz. that the occupier of the faid tenement, called Weft Stoney Field, pay or ought to pay yearly one penny to the rector of the faid parifh, in lieu of tithes of all wood, underwood, and coppice-wood grown, cut, and felled upon the faid tenement and wood. An iffue was directed to try, by a fpecial jury, « Whe"ther the occupier or poffeffor of Weft Stoney Field Tenement "have, time out of mind, paid or ought to pay one penny yearly, in lieu of tithes of all wood grown, cut, and felled upon the faid tenement, or not?" on which trial the jury found a verdict for the defendants. แ THE COURT therefore ordered, the faid bill to be difmiffed with cofts, both at law and in equity, to be taxed. TRIN, TERM. 12. WIL. 3. THE bill ftated, that the plaintiff, for twenty years paft, The vicar of had been feifed in fee of the rectory impropriate of Grift- Griftwick, in wick, in the county of Norfolk, and entitled to the tithes of Norfolk, claims kind of lands called the Great Furr Clofes, the Callas Clofes, the Milkers Meadow, and the Greengate Lands. corn, the tithes in BULWER against NEWMAN AND OTHERS. The defendants cepting a piece corn, hay, and other predial tihes; that the defendant Bir cham, for three years paft, had occupied ground called the Great Furr Chefes; that the defendant Bullen alfo had occupied ground called Callas Clofes, and alfo a meadow called Milker's Meadoru; that the defendant Athill alfo had occupied ground called Greengate Lands, and that they feverally fowed the fame with corn, wheat, rye, &c. and reaped it, and cut the grafs thereof, and made the fame into hay, the tithe of all which belonged to the plaintiff, as impropriator. The defendants infifted on feveral modufes payable to the infift on a medus vicar in lieu of all tithes of corn, hay, herbage, and all other for each of the tithes arifing from the laid lands, excepting only the clofe faid lands, ex- called the Four Acres, parcel of Greengate Lands, when fowed called the Four with corn; viz. the defendant Bircham, for the Great Furr Closes, Acres, parcels of four fhillings; the defendant Bullen, for the Callas Clofes, thirGreengate Lands, teen fhillings and fourpence, and for Milker's Meadow, fourwhen fowed pence; and the defendant Athill, for the Greengate Lands, twelve fhillings and fourpence. with corn. Iffues directed, and verdicts for the defendants. The bill difmiff. On reading the proofs in this caufe, and the depofitions in a caufe of Bulwer v. Athell (a), whereby it appeared that 7. Ring and W. Steward, two of the defendant's witneffes, contradicted what they had fworn in the former caufe, and on great debate, the Court directed iffues to try the faid moduses; and on the trials verdicts were found with the defendants. THE COURT therefore ordered the bill to ftand difmiffed ed without pre- without prejudice, with cofts to be taxed for the defendants, judice. both at law and in equity. EDW. WARD. THO. BURY. (a) Trinity Term, 1698. HILARY TERM 12. WIL. 3. out the tithe of TREWIN against BOND. Devonshire, 20th February 1700. A cuftom to fet THE plaintiff claimed the tithes of corn and other grain as ΤΗ leffee of the rectory of Woodbury (a), in the county of corn in sticks of Devon, from and under the cuftos and college of vicars of the twelve fheaves, choir of the cathederal church of Saint Peter, in Exeter. or ftitches of ten fheaves, and to pay no for the number odd The defendants infifted on an immemorial custom to set up tithes their corn and grain there grown and reaped, in sticks, being twelve fheaves placed in a row, fix fheaves against six sheaves; fheaves under or in ftitches, being ten fheaves placed in a row, five fheaves ten, is void. of (a) See the cafe of Heathfield v Troffe, post. 11. Dec. 1769, Mich. Term, 10. Geo. 3. against against five fheaves; and that if there happen, upon the whole quantity of corn, to be any stick or sticks, ftitch or ftitches, not amounting to the number of ten, no tithe is paid of fuch under the number of ten. THE COURT declared, that the faid pretended custom is a void cuftom; and therefore ordered, that the defendants fhall · pay to the plaintiff the tithes of all the wheat, barley, and other corn; particularly for the tenth part of all the odd sticks or ftiches of wheat, barley, or other corn, not amounting to the number of ten, which they refpectively had in every field or inclosure within the faid parish. GRAHAM, Efq. against DAWES and Others, Weftmoreland, 18th July 1701. TREWIN against BOND. MICH. TERM, 13. WIL. 3. a-year is THE HE rector of Crosby Ravenfide, otherwife Raven/worth, A medus of 38. otherwife Crosby Ravenfwith, in the county of Westmore- id. land, ftated, that the defendant Dawes was owner, and the payable for Reother defendants were occupiers of a farm called Regill; a clofe 6d. a-year for gill Grange, and called Bayliffe Field; and a tenement called Addifons, and that Addifor's Tene they had departured a number of fheep thereon, and had lambs ment, to the imand wool, and alfo corn and grain from the fame; and prayed propriator an account of corn, wool, and lamb. of Ravensworth, in Westmoreland, in lieu of the tithes of corn, grain, The defendant Dawes confeffed, that he was feifed in fee of Regill and of Addifons, and that the other defendants were wool, and lamb. farmers and poffeffors thereof; but he infifted that no tithe in kind of corn, grain, wool, or lamb, ought to be paid for the grange called Addifons, or for Bayliffe Field, but a modus of three fhillings and fevenpence yearly at the feaft of Saint Lawrence; viz. three thillings and one penny for Regill Grange, and fixpence for Addison's Tenement, and Bayliffe Field, to the impropriator; and that there is yearly payable to the vicar twelve fhillings for tithe hay and other tithes. Iflues were directed to try, FIRST, "Whether there be a " modus of three fhillings and one penny payable by the owners "and occupiers in lieu of all tithes of corn, grain, wool, and "lamb for Regill Grange to the impropriator of Crosby Ravenf "worth, &c. ;" SECONDLY, " Whether there be another modus of "fixpence payable to the impropriator in lieu of all tithes for "Addifon's Tenement, and Bayliffe Field, belonging to the defend"ant Dares ;" and in both of the faid iffues verdicts were found for the defendants. THE COURT ordered (the plaintiff not appearing by counfel) that the bill be difmiffed with cofts of fuit to be taxed by the deputy remembrancer. EDW. WARD. TRIN. TERM, 13. WIL. 3. of Eaft Budleigh, CONYERS against SWEETLAND and LEATE. Devonshire, 30th June 1701. The inhabitants THE vicar of East Budleigh, in the county of Devon, with the chapel of Withercomb Rawleigh annexed, claimed the Devorbire, cuftomary rates in lieu of the tithes of cyder, hay, calves, pay 4d. a hog- garden ftuff, fire wood, herbage, and Eafter offerings. in fhead for cyder; 4d. an acre for The defendants faid, that the plaintiff was an alien, born in hay; 4d. for e- France, and not made a denizen, and fubmitted to the Court, very calf; 1d. whether they fhould pay him tithes, or whether he had any a-year for gardens; id. aright until he was made free by act of parliament ? year for fire wood, and 4d. The plaintiff replied; the defendants rejoined; and witnesses a-year for Eafter were examined on both fides; and upon debate of the matter, offerings. and reading the depofitions, it appeared, by the plaintiff's proofs, that the modus or cuftomary payment for cyder was fourpence a hogfhead, and not threepence only, as was fet forth in the defendant's answer; for grafs mowed and made into hay, fourpence an acre; for every calf, fourpence; for his garden, one penny a-year; for fire wood, a hearth penny yearly; and for Eafter offerings, as confeffed by the anfwer, fourpence for man and wife. HILARY TERM 13. WIL. 3. And THE COURT decreed the fame to be paid by the defendants accordingly. COE against SMITH. Suffolk, 19th February 1701. The rector of THE rector of Elmfett, in the county of Suffolk, claimed the Elmfett, in Suf- tithe of log trees, and the loppings and toppings of other folk, claims trees in kind, and for the agiftment of barren and unprofitable age, and of cattle. tithes of herb. wood converted into charcoal. The defendant but The defendant admitted that the plaintiff was rector, and fays, he neither entitled to all tithes belonging to the faid rectory, and stated, inhabits or cc that he was an inhabitant of the parish of Hadleigh; that he cupies land in Elmfett, neither inhabited or occupied or owned any lands or tenements that he bought whatfoever in the parish of Elmfett; but he confeffed that he fome wood had bought logg trees and loppings and toppings for four there, and made pounds ten fhillings, and had felled and converted them into it into charccal, charcoal, the tithe of which, if titheable, were worth twenty bullocks to paf- fhillings. He alfo confeffed, that in one year he had put ten bullocks to pasture for five weeks with an owner or occupier of lands in the parish of Elmsett, and averred that the said owner or occupier had paid the tithes of his lands in the said parish, and alfo fent ture there. Thetithes of the THE COURT was of opinion, that tithes in kind are due for charcoal and the wood converted into charcoal, and alfo for the tithe herbage herbage decreed. the the value of which tithes the parties, by confent, admitted to amount to fix pounds, twelve fhillings, and fixpence. It was accordingly decreed, that the defendant do fatisfy and pay to the plaintiff the faid fum for the value of the faid tithes, together with cofts of fuit, to be taxed by the deputy remembrancer of the court. THE WARD, Chief Baron. BURY, Baron. COBDEN against BRIDGER. Suffex, 14th July 1701. HE rector of Lurgafball, in the county of Suffex, claimed tithes in kind of the lands called River Park, the property of Lord Montagu, and in the occupation of the defendant. The defendants infifted upon a medus of five pounds a-year for the park lands. Coz againft SMITH. TRIN. TERM, 13. WIL. 3 The lands called the River Park, in the parish of Lurgafball, in the county of Suffex, pay a modus of 51. a year to the rec tor, in lieu of An iffue was directed to try, whether the modus of five pounds per annum be an ancient modus, payable in lieu of tithes in kind tithes in kind. for the River Park Lands, or not. But the plaintiff declining to try the iffue, IT IS ORDERED, that the bill be difmiffed, as to the demand of the tithes for River Park Lands in kind, with cofts, and that the arrears of the faid modus, being an ancient modus, in lieu of tithes in kind for River Park Lands, fhall be paid to the plaintiff by fuch of the defendants as are occupiers of the faid lands. EDW. WARD. HEN. HATSELL. CROCKAT against HARRINGTON. Effex, 8th July 1701. THE TRIN. TERM, 13. WIL. 3. The vicar of Ho rindon on the Hill, in Effex, claims the rithes of Dukes Farm. The defendant confeffed that he held a farm called Bargeffe. The defendant otherwife Dukes Land, in the parishes of Horindon on the Hill fays, the faid and Orfett; but faid that he did not know, nor could it be dif- farm was parcel Malgraves, for which there is a modus of 135. 4d. a-year, in lieu of tithes. Dd tinguished VOL. L of a farm called |