tities of cherries growing in the orchards; and fold coriander feed; but that he refufed to pay the faid eighteen fhillings for the pack and faddle horses, and the faid Eafter offerings, or to difcover the quantity of the cherries and coriander feed, pretending that there is no fuch cuftom, nor any fuch tithes due. He therefore prayed a discovery and fatisfaction for the fame. TABOR againft BARKER. but denies the The defendant answered, and faid that the plaintiff was The defendant vicar, and had officiated there; and that the fmall tithes and admits the facts, other duties were due to him; that he is an inhabitant in the custom. faid parish, and had lived there three years, and used the trade of a chandler, and had kept one horse, fometimes for the faddle and fometimes for the pack, which he had ufed for carrying his wares belonging to the trade, which had been kept during fome time at pasture in other parishes, except for two months, one month thereof the faid horfe was kept and depaftured in the grounds of the plaintiff, for which he did give him fatisfaction; that no tithe is due for the herbage of any horse which the owner doth use about his trade; and he denied, that, by any custom or agreement whatsoever, there hath or ought to have been paid yearly to the plaintiff, or his predeceffors, the fum of three fhillings yearly, or any fum whatsoever, for the tithes of the herbage of any faddle or pack-horfe. He alfo denied that he ought to pay for himself and family, for Eafter offering, tenpence, or any other fum, except twopence for every perfon in his family being above the age of fixteen; and that, for the three years laft paft, he had paid for himfelf and wife to the faid plaintiff fixpence, having no more in family. He alfo denied the reft of the bill. The plaintiff replied; and witneffes were examined on both The Court defides; and upon reading the depofitions of feveral witneffes; crees the tithe FOR THAT the plaintiff hath remedy in the ecclefiaftical court for for depafturing the non-payment of his tithes for the cherries and coriander feed, and leaves the if the fame be made appear to be due to him. the faddle-horfe, vicar to recover his fmall tithes THE COURT did not think fit to give the plaintiff any relief in the fpiritual therein; but being willing to relieve the plaintiff for the tithe of court. the herbage for faddle and pack horses, IT IS ORDERED BY THE COURT, that the defendant fhall pay to the plaintiff fix fhillings for the herbage of his horfe for two years, with forty fhillings cofts of fuit. MICH. TERM, 19. CAR. 2. royal chapel at Windfor, and of HODGSON against WILSHAW. Staffordshire, 18th November 1667. The leffee of the THE bill ftated, that the plaintiff, by a leafe for years from the dean and canons of the king's free chapel in Windfor, was the rectory of and yet is farmer of the fcite of the rectory and parfonage of Utoxeter, claims Uttoxeter, in the county of Stafford, and thereby intitled to tithes tithes of the pa- of all corn, grain, hay, wool, lambs, herbage, and other tithes and rifh of Uttoxeter. profits arifing, &c. within the faid parish and the titheable places thereof; that the defendant, for three years, was occupier of divers acres of land fown with wheat, oats, and other grain, and had several acres of meadow, which he mowed and made into hay; and had alfo kept fheep, bullocks, dry cattle, and lambs, from which he had wool; the tithes of all which were yearly of great value; and that the defendant refused to pay the fame, or make any fatisfaction. The defendant place WHERE The defendant answered, and faid, that he knew not of the pleads, that the plaintiff's title; that he had lands lying in the faid parish; and was parcel of that the abbot of Croxton, near Cheadle, was heretofore seised the monaftery of thereof in right of his monaftery of Croxton, being of the Croxton, and of Ciftertian order, and acquitted from the payment of tithes ; which rectory afterwards came to the and was afterwards granted to John Pope and his heirs, who held the fame discharged of tithes; and that the faid eftate came from the faid John Pope to the defendant. the Ciftertian order, and fo difcharged of tithes. An action on crown, The plaintiff replied; the defendant rejoined; and witneffes were examined on both fides; and upon hearing counsel, and much debate, THE COURT ordered a trial at law upon an action on the ftathe 2. & 3. Edw. tate of 2. Edw. 6. c. 13. for not fetting forth of tithes; and that 6. c. 13. directthe equity be referved until after the trial. ed, to try the fact. afterwards Subfequent to the above hearing and decree, the plaintiff had But by records found out feveral records in the augmentation office which manifound in the fefted that the abbey of Croxton was one of the leffer abbeys; fo augmentation that the defendant's lands lying within the fame were not dif office, it ap- charged of tithes. peared, that Croxton was one Whereupon the faid caufe was re-heard, pursuant to an order of the leffer ab- dated the twentieth of January laft, and the records produced bies; 19th Feb. 1667. and therefore the tithes were decreed. in court. And THE COURT being fatisfied that the faid abbey of Croxton was one of the leffer abbeys, ordered, that the faid tithes shall be decreed for the plaintiff, unless the defendant fhall fhew good cause to the contrary; and the cause to stand over. JAMES, JAMES, Clerk, against MYLES and ALFORD. Somerfetfhire, 10th February 1667. HILARY TERM 19. CAR. 2. THE point in iffue between the parties was agreed to be An iffue direct dict found for a modus decimandi within the parish of Crocombe, where- ed to try a mo of the plaintiff is parfon or rector; and in particular whe- dus, and a verther, by ancient custom within the faid parifh, the occupiers the defendant. of all ancient meadow grounds within the fame parish which live out of the said parish, are and ought to pay one penny in a fhilling of the rent of all fuch meadow ground when let at any improved yearly rent, or fourpence a-year for every one of the faid ancient meadow grounds, to the parfon or rector of the faid parish for the time being, for and in lieu of the tithes thereof. IT IS ORDERED BY THE COURT, that the fame be referred to a trial at law, the plaintiff in equity to be plaintiff at law against the defendant Alford; and the iffue to be, whether, by all the time whereof the memory of man is not to the contrary, there hath been a custom within the faid parish, that the occupiers of all ancient meadow ground within the fame parish are and ought to pay yearly, in lieu and fatisfaction of all tithes iffuing or payable to the rector or parfon of the faid parish of Crocombe aforefaid for the time being, out of, for, or in refpect of the faid meadow ground, fourpence only for every acre thereof for one year, and according to the proportion for a greater or leffer quantity of fuch meadow ground; and at the said trial, both parties are to admit all circumstances, and to infist only upon the faid iffue. And it is further ordered, by confent, that the faid other defendants shall be bound by the fuccefs of the faid trial. An action was accordingly brought; and a trial thereupon had; and a verdict given for the defendant. IT IS ORDERED BY THE COURT, that the faid defendants shall if June 1668. be, and they are hereby difmiffed this court of and from the faid bill, and the matters therein contained, without prejudice, &c. GAWDEN against GILBERT. EASTERTERM 20. CAR. 2. TH 'HE plaintiff, by his bill, prayed to be relieved, as farmer and The lands called poffeffor of the impropriate rectory of Langhorne, in the Weimar in the county of Caermarthen, for tithes of feveral acres of land in Weft-county of Caer marsh, within the faid parish, for four years. marthen, lie within the parish of Lang borne, and were The defendant answered, and alledged, that he knew not that all the lands called Weftmarfb did lie within the said parish; that overflowed by Weftmarsh the sea, GAWDEN against GILBERT. But not being originally barren lands. 26th 0. 1668. Weftmarsh hath, for all the time whereof the memory of man is not to the contrary, until the years aforefaid, been subject to be drowned by the overflowing of the fea, and for all that time hath been unprofitable ground; and that by the statute of 3. Edw. 6. c. 13. it ought to be free from paying of tithes for feven years. Upon hearing counsel for both parties, and on full debate, a trial at law was directed upon two iffues. FIRST, Whether the lands in the poffeffion of the defendant in Weftmarsh during the faid years do lie within the faid parish of Langhorne? or, how much thereof lieth within the said parish? SECONDLY, Whether the said lands, during the years aforefaid, were naturally barren grounds, and are comprehended within the faid ftatute, or not? Upon the firft iffue, the jury found one hundred and fifty acres, parcel of Weimarsh, to lie within the faid parish of Langhorne. And upon the second iffue, the jury found that the faid one hundred and fifty acres were not naturally barren within the faid statute of Edward the Sixth; and so gave a verdict in both the iffues for the plaintiff. Upon reading the faid order, and the faid verdict, and an affidavit ; and upon debate; and for that the defendant Anne Gilbert had confeffed in her anfwer that fhe had in her hands affets fufficient of the faid W. Gilbert to pay the plaintiff; IT IS ORDERED BY THE COURT, that the defendant shall pay They fhall pay to the plaintiff the value of the tithes in question, unless caufe be fhewn to the contrary. tithe to the rector of Langborne. 26th Nov.1668. And in the mean time, the auditor is to compute the values of the said tithes, according to the lowest values proved by the plaintiff's witneffes, or at a medium between the proofs of the plaintiff and the defendant. The auditor returned his certificate; and upon reading the fame, IT IS ORDERED BY THE COURT, that the fame be confirmed, and that the defendant do pay to the plaintiff forty-five pounds, being the value of the tithes in question, accordingly. BISHOF BISHOP OF OXON against OVERBURY, Knt. Oxfordshire, 4th June 1668. TRIN. TERM, 20. CAR. 2. THE bill was, to be relieved touching tithes in Chibney, within The vicar of the vicarage of Cuddefden, in Oxfordshire, and to have the Caddefden is onfame decreed to the plaintiff in kind, according to the true value ly intitled to a thereof, and to have the former proceedings and proofs revived at the of 61. in a cause the Bishop of Oxford v. Doyley. The question was, Whether the plaintiff fhould have tithes. in kind in Chibury, or only a rate tithe of fix pounds, thirteen fhillings, and fourpence, in lieu of all tithes due to the plaintiff, as vicar and commendatory of Cuddefden. A trial at law at the bar of this Court was ordered; the defendant Wickam to be the defendant in the action, and to take upon him the tenury of the whole in Chibney aforefaid; to be tried by a jury of the faid county of Oxford; and the equity to be referved till after the trial. On the tenth day of the faid June it was ordered, that all the defendants to the faid bill fhould be made defendants in the faid action at law; and the plaintiff, as to payment of costs, did waive his privilege by confent; and all other things ordered by the faid order of the fourth of June. The action was tried at the bar of the court, and a verdict given for the defendants; and therefore IT IS ORDERED BY THE COURT, that the faid defendants shall be abfolutely difmiffed this court of and from the faid bill, and the matters and things therein contained, with moderate costs from the time of reviving the faid caufe, discounting out of the fame the arrears of the faid rate of fix pounds, thirteen fhillings, and fourpence, due to the faid plaintiff. MATTHEW HALE. rate 133. 4d. in lieu of all tithes due in the parish of Chibney. DEAN AND CHAPTER OF WELLS against THURLE, TRIN. TERM, Clerk. Somersetshire, 16th June 1668. 20. CAR. 2. TH HE bill ftated, that there hath been anciently due and payable An endowment, to the plaintiff's predeceffors, and ftill is due to them, one or grant, the copy of an exemor more penfion or pensions, rent, or annual fum of thirty-four plification of a pounds and one penny, iffuing out of the vicarage of Saint Cuth- judgment, and bert's, in Wells, which was conftantly heretofore, till the late an ancient acwars, paid to the plaintiff's predeceffors, out of which twenty count, read in pounds thereof is yearly paid to the use of the chorifters of the bill against the faid cathedral church. But that the defendant, the vicar thereof, vicar of Saint now refuses to pay the thirty-four pounds and one penny. evidence on a Cuthbert's for the The payment of a penfior. |