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from which, in the faid years, he did fell, grub, cut down, and carry away quantities of wood, the tithes whereof were of great value; that the faid defendant did, in the third year, hold and enjoy feveral acres of hop grounds in the said parish, upon which he had grown feveral quantities of hops, which he gathered and carried away, the tithes whereof ought to have been duly fet out as they became due; that the defendant did not fet out his tithe wood in fuch manner as he ought to have done, he leaving only fome loose ranges or heaps of wood for his tithes, without ingrain, binding, or making up the fame, as by the law, custom, and manner of tithing used in the faid parish he ought to have done; that the defendant did not, in the said years, fet out his tithe hops, as he ought to have done, but left, as he pretends, the tenth hill or pole without picking, in lieu of tithes; and that the defendant ought to have picked his hops from the bines or poles before he fet out the tithes thereof.

Gr.z

agains PERCH

The defendant faid, that for the years in the bill mentioned The defendant he had held and occupied in the faid parish about one hundred fays, that the acres of coppice wood, and particularly Clay Wood, containing ah poles were twenty acres, and the wood alfo adjoining to Crawton Heath, for the purposes four acres; that in 1698 he cut Crawton Heath wood, and in 1701 and 1702 Clay wood, but that before he cut down and carried away any of the faid wood, he applied to the plaintiffs to fee the tithes of the faid woods fet out and separated from the nine parts as followeth; viz. when his fervants had cut down a That he fet out fmall parcel they piled it up in ten feveral heaps of equal fize his tithe wood and goodness, and, to prevent difputes about the tithes, he had in piles, without fize-binding the faid ten heaps viewed by indifferent perfons, and caufed it, or making it the beft of the faid ten heaps to be left for Mrs. Gee and the up. plaintiff's tithes, and then the defendant's workmen proceeded in the fame method from place to place, until the tithes of both woods were duly and fully fet forth; and he faid, that he believed that the like method of paying tithe wood is, and was the only method ufed in the faid parifh, and that the faid wood was not to be fize bound, or made up at the defendant's charge into a marketable ware; that the wood adjoining to Crawuton Heath, when cut down, was not worth above forty fhillings an acre, and Clay wood three pounds an acre, to be fold,and that, after the tithes fet out, the faid woods coft him more than the remaining nine parts of the fame were worth; that notwithstanding he fet out the full tenth part of Crawton Heath wood, wherein he had for his nine parts but three thoufand fix hundred and feventy bavins; that he had ufed three thoufand four hundred and twenty-three of the fame for necessary firing upon his farm, for which he need not to have paid any tithes; that in 1702 he cut down and carried away one load and a half of afhen trees, of about fifty fhillings value, without fetting out his tithes, he having occafion to ufe them to make and mend ploughs, harrows, and other utenfils of husbandry about his

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farm,

GEE againf PERCH.

from the poles

farm, and fold no part thereof; for which reafons, and because they were about twenty years growth, no tithes were due for the fame. The defendant alfo ftated, that in 1698 and 1702 he That he fet out had three acres of hop ground, and being informed that there his hops, not by the tenth hill, was a compofition between the former farmer of the said recbut by the tenth tory and his farm, that it fhould pay ten fhillings an acre to part of the ten the rector for every acre of hop ground, whether hops or no hills ftripped hops grew thereon, he, for the year ending at Michaelmas and left in a heap 1698, did pick and carry away the faid three acres of hops for the plaintiff without fetting out the tithe, but before he picked the faid to pick. hops he went to the defendant, and defired him to take his tithe hops in kind, or ten fhillings an acre, which he refused, until the court had decided whether he should pay his hops in kind or ten fhillings an acre; that before this fuit was commenced, he tendered to the said Mary Gee, or to the plaintiff, ten fhillings an acre for the tithe of his faid hops for the faid year, which was as much as they were worth before they were picked and dried; that all the hops growing on the three acres that year were not worth above fifteen pounds, and the tithes thereof, if taken in kind, not worth above thirty fhillings, which he is ready to pay; that for the three acres of hops growing in 1702 he gave the plaintiff notice when he intended to pick them, that he might fee the tithes thereof duly fet out, and which he did fet out; viz. the defendant's fervants feparated from the freehold ten hills at a time, and then fet forth all, not the tenth hill, but the tenth part of the ten hills stripped from the poles, for the plaintiff's tithes of the said ten hills, and fo left the fame in a heap for the plaintiff; and fo the defendant's workmen, upon cutting every ten hills, fet forth the full tenth part of fuch ten hills in an heap, until the plaintiff's tithe of the faid hop ground was fet out, which faid heaps were rather more than the tenth part of the defendant's faid hops; and he faid, that all the hops he had on. the faid three acres in the faid year for his nine parts did not amount to fifty hundred weight, and were not worth above twenty pounds, and which he kept for his own ufe; and he denied that the occupiers of hop grounds ought to pick their hops before they fet out their tithes.

The Court of o

pinion, that the wood ought to

be bound up;

The plaintiff replied; the defendant rejoined; and witneffes were examined on both fides; and upon reading the depofitions, and hearing what could be alledged by counfel on both fides, and on long debate of the matter,

THE COURT are of opinion, and do declare, that the way and method ufed by the defendant in setting out his tithe wood by loofe heaps, in boughs, is a good way of fetting out his tithe wood; but that it appears by the proofs taken in the caufe, that the ufage and manner of tithing of wood in the parish is, and time out of mind has been, for the occupiers to bind up

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the wood before the tithes thereof are fet out, and that no fuch manner of tithing by loose heaps or ranges was ever known in the parish.

GEE against PERCH.

THE COURT do alfo declare, that the method infifted on by and that hops the defendant for fetting out his tithe hops, by ftripping the ed and gathered ought to bepickbines from the poles and leaving the fame in loofe heaps before from the bind the hops are picked and gathered, is no good fetting out of before they are the tithe of his hops, but that the hops ought to be picked tithed. and gathered from the bines before the fame are titheable.

count.

IT IS THEREFORE ORDERED AND DECREED, that the defend- They decree the ant do pay to the plaintiff for all the tithes of the woods in the defendant to acbill mentioned; TO WIT, for Clay Wood, and the wood lying near Crawton Heath, according to their respective values thereof when the wood is cut and bound, as usually has been done by the occupiers.

IT IS ALSO FURTHER ORDERED AND DECREED, that the defendant do account for the tithe of his hops in the years in the bill mentioned, according to the value of the defendant's hops in the faid years refpectively when picked and gathered from the bines.

WARD, Chief Baron, faid, that if wood has been used to be bound by the parishioners, the tithes of the faid woods ought alfo to be bound up. That as to hops, the tithes of them cannot be paid till they are picked; and that afh poles, not fit for timber, are to pay tithes.

BURY, Baron, faid, that the method fet forth by the defendant for setting out the tithes of wood in heaps is not good. That ash poles are titheable though they are of twenty years growth, and, as to hops, that the defendant's parlance was not good.

PRICE, Baron, as to the tithe of hops, was of the fame opinion, and that the defendant do account. But as to the afh poles used in husbandry, he thought they were not titheable. And as to wood, that the defendant had rightly set it out, and that the plaintiff ought to have no account.

SMITH, Baron, faid, that as to afh poles, he was of opinion that the defendant is not to account; but that, as for the tithe of hops, the defendant's parlance was not good, he having not rightly fet out the tithes thereof. And that he ought to account for the tithe of wood, the plaintiff having proved the ufage.

NOTE. The plaintiff relinquished his claim as to the ash poles.

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HILL

TRIN. TERM,

3. Q ANNE.

HILL against WYATT.
Gloucefterfbire, 11th July 1704.

The vicar of HE vicar of Loughborough, in the county of Gloucefter, claimed Loughborough, in Th all tithes, both great and small, arifing within the manor entitled to the of Southfield, lying within the faid parish.

Gloucestershire, is

great and fmall

tithes of fo much

land as lies ridge and furrow on Southfield Hill.

TRIN. TERM, 3. Q. ANNE.

The defendant confeffed the plaintiff to be vicar of Loughborough, but denied that the vicarage was endowed with the tithes of the manor of Southfield, or that the plaintiff was entitled thereto; and faid, that he believed that Sir C. Shuckburgh, his landlord, was entitled to the tithes of all the lands held by him; that the plaintiff's predeceffors (except Mr. Marton) never receivedtithes of the lands; and that he knew not or believed that any other tithe was paid, fave that the plaintiff's fervants took fome corn and hay from off Southfield Hill without the defendant's confent.

Upon reading feveral deeds and depofitions, and the answer of the plaintiff Hill to a bill exhibited against him in this court by Sir C. Shuckburgh, and the depofitions of witneffes taken in the faid cause, and on full debate,

IT IS ORDERED BY THE COURT, that the defendant fhall account with and fatisfy the plaintiff for the value of the tithes of the lands in question, lying ridge and furrow, by them respectively occupied on Southfield Hill demanded by the bill.

DEAN AND CHAPTER OF LITCHFIELD against WOOD

ROFFE.

Staffordshire, 26th June 1704.

The prebenda- THE bill stated, that by the ancient cuftom and local statutes ries of Sandiacre, of the cathedral church of Litchfield, every prebendary in Staffordshire, whofe ftall is not filled with a vicar choral is to pay 20s. a-year to pay 20s. a year the plaintiffs towards the repairs of the church; that in 1678 for fall wages to the dean and the defendant was collated to the prebend of Sandiacre, in the chapter of Litch faid church, and inftalled, and had ever fince continued therein. field. Upon opening the bill, and reading an order made the eighth of May laft, whereby the defendant undertook to appear gratis at the hearing, and reading the answer, and no counsel appearing for the defendant,

See Cro. Car. 546.

1. Jones, 435. March, 31.

IT IS ORDERED AND DECREED, that the defendant shall account with the plaintiffs for the arrears of the faid yearly payment of twenty fhillings per annum for vacant fall wages from the time of the last payment, and continue the yearly payment for the future, fo long as he fhall continue prebendary of the faid prebend of Sandiacre,

DANVERS

DANVERS against WOOD.

Effex, 12th July 1704.

TRIN. TERM,

3. QANNE.

ΤΗ HE bill ftated, that F. Scambler, clerk, rector of Sherfield, The rector of in the county of Essex, did, about the twentieth of March Shenfield, in Effex, claims tithes 1696, demife all tithes whatfoever arifing in the faid parish and in kind. the titheable places thereof, to the plaintiffs, his executors, &c. for seven years; that the defendant, for years paft, hath occupied lands and tenements therein, and hath withheld from him the tithes thereof.

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The defendant admitted, that J. Scambler might be rector, The defendant and make such leafe; but denied, that he ever held any lands or fays, he is a tenements within the faid parish of Shenfield; and faid, that he poor labourer, now dwells, and for seventeen years paft has dwelt, in a little cottage on cottage of the value of between thirty and forty fhillings a-year, common near Brentwood, in the parish of Southweale, held of the manor of Brentwood, the parish of Cofled, in the parish of Southweale, and that he never held any Southweale, and lands in the faid parifh, but only the faid cottage; and fet forth, has two ewes that he kept two ewes and a fow, which fed on the common, but and a fow which could not fet forth the value, for that he never knew or heard run on the comthat any tithes were paid or demanded by either the rectors or mon; and denies having any their leffees of the parishes of Southweale or Shenfield for any fheep land in Shenor cattle going on the commons, until lately the plaintiff demand- field. ed of the defendant tithes for the defendant's fheep, he being only a day-labouring man.

The plaintiff replied; the defendant rejoined; and witneffes were examined on both fides; and on reading feveral depofitions of witneffes in the faid caufe on both fides, and upon debate of the matter,

THE COURT do not think fit to relieve the plaintiff on his The bill difmififaid bill; and thereupon order, that the bill be difmiffed, with ed, with full full costs for the defendant, to be taxed by the deputy remem

brancer.

cofts.

WENTWORTH, Bart. against THE ARCHBISHOP OF TRIN. TERM, YORK and Another.

Yorkshire, 17th July 1704.

3. Q. ANNE.

the

THE bill stated, that the plaintiff is, and for several years laft The lord of the paft has been, feifed of the manor of Crawind, with the manor of Craappurtenances, in the county of York; that the defendant, the wind, in Archbishop of York, and his predeceffors, have, time immemorial, ftates, that he been feifed in fee, in right of the faid archbishopric, of the exchanged Day

7

county of York,

Farm with the

vicar of Crawind, in lieu of his vicarial tithes, &c. rectory

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