CAMBRIDGE, The defendants TRINITY do refufe to pay or fatisfy the plaintiffs for the fame. The bill COLLEGE, therefore prayed, that the defendants might answer the premises, AND OTHERS, and fet forth the quantities, numbers, and value of their tithes, and against be decreed to pay the arrears of the fame, and for the future. WYN. The defendant answered, and faid that the plaintiffs had plead, that the before filed their bill in this court against the faid defendant lands they (ccuand others, and thereby fet forth their title to the faid tithes and py lie in the rectory; that they had denied that the lands or the tithes parish of Dent, demanded of them were within the parish of Sedrgh; and that, parish of Sed upon full hearing, the said defendants were difmiffed with cofts. bergb. and not in the The Court in an iffue. They further faid, that they knew not that the rectory of Sedbergh was parcel of the priory of Coverham, or of the grant thereof, nor of the demifes to Trott and Muryal, or to Burton and others; and denied having the faid leafes and all the de endants faid, they lived and occupied lands in the parith of Dent, which was a diftinct parifh of itself, and had a minister and tithes thereunto belonging; and that all their lands did lie in Dent, and not in Sedbergh, nor had they any lands belonging to the late priory of Coverham; and therefore they were not chargeable to pay tithes in respect of the rectory of Sedbergh. The plaintiffs replied; and witneffes were examined on both fides. Upon reading the aforefaid letters patent, and the depofitions clined to direct of feveral witneffes taken in the caufe, the Court, before any final decree was made, inclined to have had a trial at law, whether Dent was parcel of the rectory of Sedbergh? and after trial had, to refort back again to the Court. But on reading an ancient deed But after long debate had thereupon, and feveral ancient deeds which had been and writings being produced by the plaintiffs, and, among the erafed, and Dent reft, an ancient deed indented of compofition, with a schedule inferted inftead thereunto annexed, made the twenty-feventh of March 1505, of Sedbergb, the defendants are ordered to pay their tithes and read in court; and by comparing the fame with the rest of the faid deeds, the court was fatisfied that the tithes of Dent do belong to the rectory of Sedbergh, notwithstanding the feveral erafures in the third line of the faid deed; for it appeared to the Court, upon the view and contents of the faid deeds, that the words "Dent" and "Gandall” were inferted instead of « Sedbergh" and "Dent." THE COURT, therefore, declared, that they think it fit that the faid defendants fhould, from the time complained of in the faid to the plaintiffs. bill, and for the future, pay their tithes of corn and hay arifing within Dent aforefaid to the faid plaintiffs or their farmers, in fuch manner as by the faid ancient compofition is agreed upon; which deed is annexed to the decree. AND IT IS FURTHER ORDERED, that the faid defendants, and every of them, do and fhall pay to the said plaintiffs their former tithes from the time complained complained of in the bill, and of wool, and lamb, and kine, for the future, and all arrears for the tithes of wool and lamb according to the proofs; and it is referred to the auditor to caft up the fame. for MATTHEW HALE, Chief Baron. WILSON against REDMAN and Others. Yorkshire, 26th November 1660. TRINITY COLLEGE, CAMBRIDGE, AND OTHERS, against WYN. MICH. TERMI 12. CAR. 2. his title to the impropriation, THE HE bill ftated, that Henry Wilfon, deceafed, was, on the The plaintiff, twenty-ninth of August 1639, feised in fee, cf some eftate as impropriator for one or more life or lives in being, of the impropriate rectory of the rectory of Horton, in Riblefdale, and of all the glebe lands, and tithes of Horton, states thereto belonging; and alfo of certain lands, tenements, and tithes, with the appurtenances in Becroft, Horton, and Riblefdale; and being fo feifed, by will, dated the twenty-ninth of Auguft 1639, devised all his intereft therein to the plaintiff and his heirs. ever, with a payment out of it of one hundred pounds to H. Power; that the faid teftator foon after died, feifed of the premifes; that, the plaintiff being then an infant, the faid H. Power entered at the end of three years after the teftator's death into the premises, for want of payment of the faid one hundred pounds, and enjoyed the fame until the fecond of February 1656; that, the plaintiff being fo entitled to the faid rectory and tithes, he and the faid H. Power yearly received the profits and tithes of moft of the inhabitants there; and that the plaintiff ought ftill to receive the fame. The bill then fet forth the cuftom of and fets out a tithing there to be, "every tenth ftack of corn; for the offering particular cuf "of every inhabitant, three halfpence; every tenth calf; for tom of tithing "the milk of every cow renewed, twopence; for.every fowl, "one penny; fwarm of bees, one penny; for the milk of every "tenth ewe, one penny; every lamb, and for every fix lambs, ❝ half-a-lamb, or the value thereof, and a whole lamb, as four, "feven, and more, the rector paying back fo many halfpence as "the number falls fhort of ten, and the inhabitants to pay one "halfpenny for every lamb under fix." It alfo ftated the like tithing for fleeces of wool, and after the fame rate for greater or leffer numbers of the titheable things there renewed. It alfo ftated, that "hemp and flax paid the tenth part in kind; for "every feventh, eighth, and ninth chicken, one penny; and "after the fame rate for eggs, geefe, ducks, and pigs; for every "garden, one penny; for every plough, one penny, called plough "penny" and certain fums in lieu of tithe hay which he could not particularly fet forth. It then alledged, that the defendants had been for twelve years paft inhabitants thereof; that they had great store of corn, lamb, wool, calves, and other tithe able WILSON againft REDMAN. The defendants to the vicar; able things yearly renewed there; but that they refused to pay tithes for the fame, or to make any fatisfaction for the fame. The bill therefore prayed, that the defendants might account for their tithes for the faid years, and pay the plaintiff the values and arrears thereof. The defendants denied the plaintiff's title, as also the custom deny the plan as ftated; but alledged, that if any thing be payable for hay, tiff's title, and milk, plough, garth, fowls, kine, penny offerings, eggs, or fay, if any tithe is due from chickens, the faid is due and payable to the vicar of Horton, and them, it belongs not to the impropriator. They alfo denied having in their hands any books, rentals, or other writings belonging to the rectory; and stood upon their own right to be discharged against the plaintiff for payment of tithes renewed upon their lands; and they set forth the time they severally held their particular meffuages and tenements; all which feveral premifes fo held by them they alledged, had, time out of mind, been part of the demefne of the manor of Horton (except the defendant Horton's but they dif- tenement); that the manor, rectory, and water-corn-mill of charged their Horton were all heretofore parcel of the poffeffions of the late lands from diffolved monaftery of Jervaux, in the county of York, which been parcel of was of the Ciftertian order; that the feveral abbots of Jervaux the monastery were, time out of mind, feifed in fee of the faid manor, rectory, of Fervaux, of and premises, and held the fame in their own hands together; the Ciftertian and that, the late abbot being fo feised, the fame monaftery came tithes, as having ader. An iffue direct ther the lands to KING HENRY THE EIGHTH by the diffolution of monasteries; who, being fo feifed, by letters patent, dated about the thirtyfixth year of his reign, granted the fame to the Earl of Lenox and his wife, and their heirs, at eighty pounds, nine shillings, and eightpence yearly rent referved to the crown; and from the faid Earl of Lenox the defendants derive their tenements; and they set forth the fame, and the quantities of their titheable matters. The plaintiff replied; and witneffes were examined on both fides; and upon full hearing, Forafinuch as the defendants do, by their answer, confefs the ed to try, we fubtracting of the tithes demanded by bill, and infift upon a difdid belong to a charge; for that the lands they held are pretended to be parcel monaftery of of the demefnes of the late abbot of the late monaftery of the Ciferian Jervaux, and that the faid monaftery was of the Ciftertian order, this Court doth not think fit to decree the faid tithes to the plaintiff until a trial at law be had thereupon; but in the mean and the defend- time, this Court doth think fit that the defendants fhall give fecuants to give fecurity in double rity for the values of the arrears of their tithes for twelve years the value of paft, in cafe a verdict fhall go against them, according to the feveral particulars in their answers mentioned and proved in the books, according to the cuftom of tithing fet forth in the bill. their tithes. IT IS ORDERED by the Court, that the plaintiff fhall bring his action against Lawrence Burton, one of the defendants,by confent, upon 1 upon the statute 2. & 3. Edw. 6. c. 13. for not fetting forth his WILSON against REDMAN. A verdict for A trial at law was accordingly had, and a verdict given for the 18th Nov.1661. defendants; and, upon the prayer of the defendants' counfel, the defendant. and upon reading the faid order, poftea, and depofitions taken on the plaintiff's part, and fome of the defendants anfwers, miffed. IT IS ORDERED BY THE COURT, that all the defendants (except The bill dif Procter) fhall be difmiffed this court of and from the faid bill, and their recognizances difcharged; and that the defendant Procter pay to the plaintiff fixteen fhillings for his tithes confeffed in his answer to be due for the fame. T BURGIS, Clerk, against DIAMOND. Devonshire, 7th February 1660. HILARYTERM 12. CAR. 2. HIS was a bill touching tithes for the depafturing of barren Tithes are due and unprofitable cattle upon the lands in the defendant's of common occupation within the parish of Aibprington. right for the depafturing of much upon profitable cattle, unless employed in husbandry, or the fervice of the The caufe came on to be heard this day; and upon reading barren and unthe bill, and the depofitions of divers witneffes, and debate, THE COURT was of opinion, that tithes, of common right, are family. due to the plaintiff for the pafturage of fuch barren and unprofitable cattle as yield no tithes, unless they are reared and employed for the plough, the pail, the faddle, or spent in the family, in the fame parish. But because the plaintiff, by his bill, demanded the tenth part But the plaintiff of the profit made upon the fale of fuch barren cattle fo dépaf- having fet up a tured, upon pretence of a custom which he hath not at all pretended cufproved, IT IS THEREFORE ORDERED BY THE COURT, that the faid the bill is dif defendant be, and he is hereby difmiffed out of this court of miffed with 201 and from the said bill, and the matters therein contained, with costs. twenty pounds costs. VOL. I, TRIN. TERM, 73. CAR. 2. The PYOTT against GEARY. plaintiff THIS HIS was a bill, by the farmer of the impropriate rectory, claims the tithes touching tithes, within the parish of Tring, in Hertfordshire; in kind of Tring, which, by an order of the twenty-eighth of January laft, was in Hertfordshire. referred to a trial at law, upon certain cuftoms or modus of manner tithing set forth in the answer. itates a modus in kind. The plaintiff, in obedience to the faid order, filed his declaration; but the defendant did not entered his appearance; and, on the twenty fecond day of May laft, the caufe was fet down for further hearing; and now upon further hearing this day by the plaintiff's counfel,and no counsel appearing for the defendant, it was ordered, that a commiffion fhall be awarded to prove the value of the tithes, unless cause were fhewn to the contrary, the faid defendant first paying twenty fhillings cofts for this day's attendance. ift July 1661. The defendant now fhewing caufe, prayed, that there might The defendant be a trial had upon the customs; which is ordered, by consent, lieu of tithes in accordingly; and alfo, to avoid the expence and trouble of a com miffion to prove the values, that the defendant shall pay to the plaintiff three fhillings for his tithes of calves; one fhilling and fixpence for his tithe of lambs; fix fhillings for his tithe of milk; and two fhillings for his tithe of wool, in cafe he shall not prove the customs fet forth in his anfwer. The equity of the cause to be reserved. A trial at law, and verdi for the plaintiff. A trial being had, and a verdict given for the plaintiff, IT IS ORDERED BY THE COURT, that the defendant fhall forthwith pay to the plaintiff the aforefaid fums for his 21ft April 1662. tithes of calves, lambs, wool, and milk, according to the faid The vicar of Ca. THE bill fet forth, that for two years past the plaintiff hath newdown, in been vicar of the vicarage of Canewdown, in the county of Effex, claims, by cuftom, 38 6d. in Effex, and entitled to have and receive tithe of herbage, and all the pound on other fmall tithes, of what kind foever, growing &c. within the the rent of cer- faid parifh, or the bounds and precincts thereof, or to have other in lieu of the customary duties in lieu of tithes, by prefcription, cuftom, or entithe of the dowment; that the defendant, for five years paft, had been herbage of the farmer of a marfh and pafture grounds there, containing feven tain marsh lands faid lands. 3 hundred |