EVANS against TYNDALL. faid tithes are Bilton, and of the vicar-choral of the cathedral of Sarum, one tenement called Beach Farm, a wood called Tibbott's Wood, and all tithes arifing out of the faid farm; that the faid Sir John Seymour became feised thereof, and afterwards died; that after his death his fon and heir entered into the faid premises, and in the year 1667, by fufficient conveyances, fold the premises to the defendant, who became feifed thereof, and ought to have all tithes of hops, corn, grain, and hay, growing yearly within the faid parish of Bilton; and that for two years laft paft he hath received the fame; that he knew not of any leafe granted by H. Hofkyn to the plaintiff of the tithes of hops; and that if any fuch was made, the plaintiff could not be entitled to receive the faid tithes, they being lawfully due to him the defendant. He alfo denied that he was occupier of fifty acres of land within the faid parish; but that twelve acres of glebe land belonging to the faid parish had, for feveral years last past, been used as hop-grounds, out of which he had had several parcels of hops, the tithe of which were worth five pounds; and he confeffed, that he difpofed of the faid hops to his own ufe, without fetting forth the fame, for that he was feifed of the faid parfonage in his own right, and of all the tithes thereunto belonging. The plaintiff re The plaintiff replied, that all the tithes of hops yearly planted plies, that the and renewing within the faid vicarage of Bilton, and all other due to the vicar, perfonal tithes and profits thereunto belonging, were due and and traverfes the payable to H. Hofkyn, vicar of the faid vicarage, and have been payment of them accuftomably payable to the vicar of the faid vicarage for the to the pretend time being, his tenants, farmers, or affigns; and that, by virtue of the faid leafe from him of the faid tithes to the faid defendant made, he was lawfully interested to receive the faid tithes ; WITHOUT THAT, that the said tithes of hops have been accustomarily, and for fixty years last past, paid to the parfon of the parfonage of Bilton. ary. Whereupon, iffue being joined, witneffes were examined on both fides. The caufe came on to receive a hearing this day. IT IS ORDERED BY THE COURT, that the said defendant be, difmiffed from and is hereby difmiffed this Court of and from the faid bill, and the payment all the matters and things herein contained, without cofts. The defendant is thereof. EDWARD TURNOR. DICKENS DICKENS against DEARSELEY. Suffolk, 20th June 1672. TRIN. TERM, 24. CAR. 2. the great and a leafe from Tri THE HE bill ftated, that the plaintiff, for eight years laft paft, The plaintiff, as hath been farmer of the parfonage of Cowling, in the county farmer, claims of Suffolk, by leafe, dated the fixth of December, in the four-fmall tithes of teenth year of his prefent majefty, made by the mafter, fellows, the parfonage of and fcholars of Trinity Hall, in Cambridge, to whom the inherit- Cowling, in the ance belongeth; that by virtue thereof he is lawfully entitled to, county of Sufand ought to have and receive yearly, all the tithes, great and folk, by virtue of fmall, whatfoever, arifing, &c. within the parish, which have my College, in been used to be paid in kind, or fuch compofition for them as the Cambridge. farmers of the parifh, for the time being, and the parishioners could agree upon; that the defendants did, within the year 1670 ending at Michaelmas, keep divers milch cows, and made cheeses, and had fallen from the faid cows divers calves, and also had lambs fallen, and did depafture in winter divers fheep, commonly called hoggetts; and had bees, from which they had wax and honey; and alfo had apples, pears, and other fruit, and chickens and other poultry; and had feveral other titheable matters; the tithes of all which were of confiderable value, and ought to have been paid to the plaintiff; which they refufed to do, on a pretence that tithes in kind were not due to the plaintiff, but that certain rates or fums of money were payable in lieu thereof, by virtue of fome award made by LORD NORTH between L. Webb, farmer, of the faid parfonage; which award was made a decree in the court of chancery, or in this court. The defendants anfwered, and faid, they believed the plaintiff The defendante might be farmer of the faid parfonage and tithes; that the admit the plaininheritance doth belong to the faid college; and that the tithes, tiff's right, either in kind or cuftomary payments in lieu thereof, do belong to him; that they are ready to pay for the tithes as they arife or grow due, either in kind, or by cuftom time out of mind continued; that they do not believe that any rates or fums of money are due and payable in lieu of tithes by virtue of any award; but that the customs and manner of tithing within the faid and state a speparifh for milch cows, and for the milk and cheese made and cial manner of coming of the faid cows, and for the calves which have fallen tithing within the parish. from the faid cows, are, from the time whereof the memory of man is not to the contrary, to pay for every milch cow, and for the milk and cheefe thereof, fourpence yearly, and no more; and for every calf that hath fallen from fuch milch cow, fixpence, and no more; but that wool, lambs, and other small tithes, arifing, &c. therein, are to be paid in kind, or yearly compounded for, as they could agree, and the money paid yearly at Lammas. Upon DICKENS agsinft Upon opening the bill and answer, and hearing counsel for the plaintiff, who did not oppose the custom of fourpence a milch DEARSELEY. cow in lieu of tithe milk and cheese, as in the answer is fet fourpence a cow forth; and on hearing the defendant's counfel; and reading in lieu of milk feveral depositions taken in the cause; and a verdict at law in and cheese ad- the time of the late Queen Elizabeth; and other evidences; The cuftom of mitted. fwer. The tithes of IT IS ORDERED, ADJUDGED, AND DECREED BY THE COURT, calves in kind, that the said custom of fourpence for every milch cow fhall con&c. decreed, as tinue as heretofore it hath been used; and that the faid defendftated in the anants fhall pay to the plaintiff for their milch cows according to the faid cuftom of fourpence a milch cow; and fhall alfo pay the tithes of their calves in kind, and the values of all other the tithes, as the fame are fet forth in their answers, except for the feed or herbage of fuch cattle as are reared for the pail or the ufe of the dairy; for which THE COURT declared no tithes are by law due. EDWARD TURNOR. TIM. LITTLETON. HUGH WYNDHAM. MICH. TERM, 24. CAR. 2. The plaintiff LORD LEIGH against DowNES, Knt. Warwickshire, 18th November 1672. claims af THE fcope of the bill was, to compel the defendant to pay tithe of tithes of a certain coppice wood in the hamlet of Finham, in wood of a cop the parish of Stoneleigh, called Gregory's Grove, otherwife Grange of Stoneleigh, in Grove, otherwife Neitherwood Grove, containing forty acres, to Warwickshire, the plaintiff, as owner of the faid rectory or parfonage impropricalled Gregory' ate of Stoneleigh. pice in the par.fh Grove; and on its ap pearing to have Upon opening the bill and anfwer, and reading a record of the twenty-fixth year of Henry the Eighth out of the firft fruits office, whereby it appeared that the late monaftery of Stoneleigh was one of the leffer monafteries; and alfo feveral depofitions taken in the caufe; and on full debate; IT IS ORDERED BY THE COURT, that the plaintiff fhall bring an action of debt upon the ftatute 2. Edw. 6. c. 13. against the been parcel of a defendant, for not fetting out the tithes of the wood cut down in monaftery, the Court directed a the faid coppice in the bill mentioned; and that at the said trial, two which fhall be before a fpecial jury, the defendant fhall insist only upon these two particulars following: trial on points. grove was parcel of the abbey of 12th Feb. 1672. FIRST, That the faid wood, together with a meffuage and ift Whether this lands called Hellinghall Grange, were formerly part of the poffeffions of THE CROWN OF ENGLAND, and came to the crown by the Stoneleigh before act of diffolution of monafteries, and were parcel of the poffeffions the council of of the abbey of Stoneleigh, and fo were at and before the council Lateran, and of of Lateran; that the abbot and brethren of the faid abbey were the Ciftertian or der. of of the Ciftertian order; and that they ufually held the fame in LoRD LEIGH againft DOWNES. moke perny SECONDLY, That the defendant had yearly paid to the vicar 2dly, Whether of Stoneleigh for the said meffuage and premifes, and the tithe of a wood spent in or about the fame, a fmoke penny, and that no tithe was ever paid for the same. be not due in lieu of tithe wood. In pursuance of which order a trial was had, and a verdict 1ft Dec. 1676. was given for the defendant. Verdict for the defendant on In Trinity Term, in the twenty-fifth year of Charles the Second, both points. a new trial was granted, and another trial was had; and upon full evidence the plaintiff was nonfuited. Upon reading the faid orders and poflea, the defendant's Ordered by the counsel prayed that the bill might be difmiffed; and, on hear- Court according counsel for the plaintiff, IT IS ORDERED BY THE COURT ingly. accordingly. THE bill stated, that the plaintiff's father was feifed in fee of The plaintiff Leona'd's, in the rectory of Bromley Saint Leonard's, in the county of claims the tithes Middlefex, and of all tithes and profits thereunto belonging, and of Bromley Saint in his life-time made his will, and therein appointed the plaintiff Middlejex. his executor, and died on the tenth of March 1665, so seised. The defendant fet forth, that the lands he held in the faid The defendant parish are part of the manor of Bromley Hall, which anciently, pleads, that his and at the time of the diffolution, was parcel of the late diffolved lands were parpriory or monaftery of Chrift Church, in London, and exempted naftery of Chrift from payment of tithes. cel of the mo¬ Church. grant of Upon reading letters patents granted in the thirty-feventh But on reading year of Henry the Eighth to one Morrison of the manor of Bromley the grant Hall, Bromley Hall, THE COURT ordered the defendant to pay to the plaintiff the the Court orvalues of the tithes by him withheld in the years mentioned in dered the tithes the bill, according to the proofs in the cause. to be paid. EDW. TURNOR. CHR. TURNOR. TIM. LITTLETON. BRABOURNE, MICH. TERM, 24. CAR. 2. The tithes of wood lambs. BRABOURNE, D. D. against EYRES, Knt. Middlefex, 18th November 1672. vicar of THE bill ftated, that the plaintiff, for eleven years laft paft, Northall, in hath been vicar of the vicarage of Northall, in the county of Middlefex,claims Middlefex, and thereby was entitled to have all the tithes arising felled for firing, within the faid parish, and in particular the tithes of coppice wood, and of wool and as of poles, faplings, pollards, and ftandards, growing within the faid parifh, and not converted into timber, and alfo the tithes of calves, lambs, wool, pigeons, and all other small tithes ; that the defendant, for the time aforefaid, poffeffed feveral parcels of coppice wood or underwood, ftandards, pollards, and faplings, and did cut down yearly eight acres of poles and standards, and coppice wood and poles, and did alfo occupy and poffefs land in the faid parish, and kept and depaftured yearly feveral fheep, and had fallen feveral lambs, and clipped and fheared the faid fheep, from which he had quantities of wool; and alfo had a pigeonhouse stocked with pigeons; and poffeffed gardens and orchards; the tithes of all which amounted to a large fum, and which the defendant doth deny to pay. The defendant ufed for fuel ; and pollards a. bove The defendant answered, and confeffed the plaintiff's title to pleads, that tim- all tithes and duties as the former vicars of the faid parish have ber trees, though had; but faid that he knew not or believed, that faplings, poles, or other trees, grown to timber, and of twenty years standing, are twenty titheable, although used for fire wood; neither are pollards years old; are titheable whofe growth is above the faid age; and as to the faid not titheable; tithe poles, standards, and other woods cut down from the year 1660 to the winter of the year 1669, he said, that in that year all tithes demandable by the plaintiff from the defendant were paid and accepted by the plaintiff for all that was due and to be and that as to paid for any of the preceding years. But concerning the tithe other wood he wood fince Michaelmas in the year 1669, he did then, as he had had fet out the done in the preceding years, caufe the tithe wood to be made up the plaintiff had into faggots, upon the plaintiff's promife to pay the charge for refufed to take faggoting; but the plaintiff had refused to perform his promife, it away, because wherefore the defendant hath omitted to faggot any more tithe it was not made wood for the plaintiff; that fince the year 1669 the defendant tithe; but that into faggots: had caufed a full tenth part of fuch wood as was titheable to be fet out for the plaintiff; but that he left the fame on the defendant's ground, refufing to take it away because it was not made up into faggots and stack wood for him, which the defendant contends he is not bound to do. That he had not, in any of the faid years, any fheep depaftured a month together in Northall parith, nor the number of seven lambs yeaned in a year, except in the year 1669, wherein he had fourteen lambs fallen; admits that he that he feedeth and clippeth his fheep in his grounds lying had sheep fhear- in other parifhes, where he paid a compofition for tithes; and ed, and lambs that he hath clipped no fheep in Northall but what he bought fallen in the pa rish. with |