say

amount due for principal and in

decease of the said T. E. duly pay or cause to be paid unto these Statement of the defendants all arrears of interest upon the remaining sum of £400 up to the day of 1820; And these defendants further terest, that there now remains due and owing to them as such executrix and executor as aforesaid upon or by virtue of the said indenture of mortgage of the of 1813 the principal sum of £400, together with the sum of £- for interest thereon at the rate the said 3d day of August 1820;

that at the time

of the execution

of his mortgage R. P. insisted upon having the deeds delivered up to him, which T. E. promised to do, but after

wards refused.

Deny that any fraud was inhaving the deeds

tended in not

that they were

on the plaintiff, or permitting further sums, and submit whe

T. E. to obtain

of £5 per cent. per annum from And these defendants further say they have been informed and believe it to be true that at the time of the execution of the said indenture of mortgage bearing date the 3d day of February 1813 the said testator R. P. insisted upon having the title-deeds and writings relating to the said estate called Little C. delivered over to him, and the said testator T. E. pretending that the same were not then in his possession promised to deliver them up in a few days, but that he neglected to fulfil such promise and refused at any time afterwards to deliver them up when requested so to do by the said R. P.; And these defendants deny that any fraud was ever intended by the said R.P. in not having such 'title-deeds and writings delivered up to him, or that the same were so left in the hands of the said testator T.E. for delivered up, or the purpose of imposing upon the said complainant or any other per- left for the purson, or of permitting the said testator T.E. to obtain any further pose of imposing sums of money on the security of the said premises; And these defendants submit to the judgment of this honorable court whether they as the legal personal representatives of the said testator R. P. are not for the reasons aforesaid entitled to the said estate and premises called Little C., and to have the said principal and interest so due to them as aforesaid paid in preference to the said complainant; plaintiff, Or in case this honorable court shall be of opinion that the said Or if not, whecomplainant is entitled to the said mortgaged premises and to be paid ther they ought not to be perall arrears of principal and interest in preference to these defendants mitted to redeem by reason of the title-deeds being delivered over to him by the said testator T. E., and which these defendants allege was a fraud by the said T. E. upon the said R. P., whether they ought not to be permitted to redeem the said complainant, and to have possession of the said mortgaged premises and of the title-deeds and writings relating thereto delivered up to them in case the said defendant T. E. shall make default in payment to the said complainant at the time to be appointed by this honorable court; And these defendants deny &c. [see sect. IV. antea, p. 7.]

ther the defend

ants are not entitled to a pre

ference to the

him.

ther the vicar is entitled to all

tithes, great and small, except as appears from the

XXI. Answer to a bill for tithes by a vicar against the occupier of an ancient farm; the defendant asserting that the farm was part of a dissolved abbey which came into the hands of the Crown in the reign of Henry the 8th, and was from time immemorial held exempt from great tithes; that some of the small tithes were covered by moduses, and that agistment tithe was never paid (32), and submitting to account for what is due in respect of other small tithes.

(For the title, see form No. 1. antea, p. 1.)

This defendant &c. [see form No. 1. antea, p. 3.] saith he doth Knows not whe- not know or believe that the vicar for the time being of the vicarage and parish church of M. T. in the county of Y., hath at any time been entitled to have and receive to his own use the tithes both great and small of the several titheable matters and things from time to time arising growing increasing and renewing within the said vicarage and the titheable places thereof, except as in the said bill excepted, or other than as hereinafter is mentioned, so far as applies to the farm and lands which are occupied by this defendant.

answer.

Admits that the vicarage became vacant,

that he is entitled to all such tithes

Saith he believes it to be true, that the said vicarage became vacant by the death of the preceding incumbent at or about the That the plaintiff time in the said bill mentioned; and that the plaintiff was shortly was duly instituted and in- afterwards duly and lawfully presented instituted and inducted into ducted, and soon the vicarage and parish church of M. T. aforesaid, and that he after duly qualified himself, and might soon after his induction duly qualify himself to act and officiate as vicar thereof, and that he hath ever since acted and officiated, as former vicars and now acts and officiates in the cure of the said vicarage, and that he may be well entitled to have take and receive to his own use from the death of the last incumbent, all such tithes and payments in lieu of tithes, as his predecessors the former vicars of the said parish were lawfully entitled to have take and receive within the said parish and the titheable places thereof.

were entitled to.

Admits that de

an ancient farm.

Saith he admits it to be true that from and since the

day fendant occupies of this defendant hath held and occupied and still holds and occupies within the said vicarage and the titheable places thereof, a certain ancient farm called or known by the name of C. G. farm, consisting of a farm-house and out-buildings and acres of land or thereabouts.

(32) See Batchellor v. Smallcombe, 3 Madd. Rep. 12, 21.

of a dissolved abbey and came King Henry 8.

same was parcel

into the hands of

And believes that from time imme

Saith that the said ancient farm was at the time of the dissolution Saith that the of the late dissolved abbey of F. in the county of Y. and from time to time and at all times from time whereof the memory of man is not to the contrary had been parcel of the said late dissolved abbey, and with the rest of the possessions of the said late dissolved abbey, which was one of the greater abbies, and had possessions of the value of £ a year, was given and surrendered unto and came into the hands of his late Majesty King Henry 8. under and by virtue of the act of parliament made and passed in the 31st year of the reign of his said late Majesty, intituled "An act for the dissolution of monasteries and abbies." And this defendant believes that from time to time and at all times from time whereof the memory of man is not to the contrary, down to and at the time of the dissolution of the said late dissolved abbey of F. the said ancient farm was holden and occupied by the said late dissolved abbey discharged and acquitted of and from the payment of all great tithes; and that by means thereof and by force of the said late act of parliament passed in the 31st year of the reign of his said late Majesty King Henry 8. the said ancient farm continued to be and hath ever since the passing of the said last-mentioned act of parliament been and now is discharged and acquitted from the payment of all great and is now distithes.

for every

morial the same was held by the abbey discharged of all great tithes,

charged therefrom.

Saith that from time immemorial

the several mo

the vicar in lieu

small tithes.

Saith that from time whereof the memory of man is not to the contrary there hath been paid and payable and of right ought to be paid to the vicar for the time being of the said vicarage and pa- duses stated have rish of M. T. aforesaid by the occupier or occupiers for the time been payable to being of the said ancient farm, the several moduses hereinafter of some of the stated; (that is to say), yearly at the sum of milch cow; and the sum of for every gelt cow kept and fed upon the said ancient farm, in lieu of the tithe of milk; and also at the sum of for every foal yielded and brought forth upon the said ancient farm, in lieu of the tithe of foals; and also at —— the sum of for every hive of bees kept on the said ancient farm, in lieu of the tithe of honey and bees'-wax; and also at the sum of for every person in the family of such occupier or occupiers who did or ought to receive the holy communion, in lieu of Easter offerings; and on day the sum of householder on the said ancient farm, in lieu of the tithe of poultry

and eggs.

for every

is entitled to re

Believes that the vicar for the time being is entitled to have and Believes that he receive in kind all other the small tithes (except the tithe of agistment) arising growing renewing and increasing in and upon the said ancient farm.

small tithes except agistment.

Admits that he

has grown wheat, of

&c. without sett

ing out the tithes, the plaintiff not being entitled.

Saith he admits it to be true that he hath since the said

day

, grown cut and carried from off the said ancient farm, considerable quantities of wheat barley oats beans and other grain and hay without setting out the tithe thereof or making any satisfaction to the plaintiff for the same or any part thereof, inasmuch as for the reasons aforesaid no tithe was due to the plaintiff in respect thereof, the same being great tithes; and defendant for the same reason hath not herein set forth an account of such corn grain or hay. Saith that in the month of this defendant paid to the agent of the said plaintiff the sum of £ in full satisfaction for all small tithes and moduses in lieu of such tithes due to the said plaintiff up to

; and the said then accepted the said sum of £ on the part of the said plaintiff, in full satisfaction of all such small tithes and moduses up to --, and gave this defendant a receipt for the same as for one year's tithes due to the said plaintiff at then last.

Saith that the pasture lands of his said farm consists of
acres or thereabouts of the yearly value of
computed the same, and that from

to

pigs,

and

per acre, as he there was bred upon

geese, and that

or

fleeces of wool of the value of - or thereabouts are due to the
plaintiff for or in respect of the tithe of wool arising on the said
farm during the same period, but that no lambs were bred thereon.
Saith that he had growing upon his said farm in that year
acres of turnips which he computed to be of the value of £
thereabouts, and that from the middle of the month of
middle of the month of in the said year, he depastured.
upon his said farm
two years old heifers and
two years
sheep.

old steers, together also with

and

to the

Saith that to the best of his recollection and belief he had not between growing renewing arising or increasing upon his said farm and lands in his occupation in the said parish of M.T. or the titheable places thereof, any titheable matters or things, except as aforesaid.

Saith that he believes that none of the vicars of the said parish ever received any tithe of agistment within the said parish, or any satisfaction for the same; and he therefore submits and humbly insists that the vicars of the said parish are not entitled to any tithe of agistment arising within upon or from his said ancient farm, or any satisfaction for the same.

day of

t

had more than

Saith that he hath not since the
persons in his family for whom Easter offerings were or are

that the same were paid.

payable, and that he paid and rendered to the Rev. the curate payable, and and agent of the plaintiff, the Easter offerings which were due at Easter as the same became due and payable, and that by the immemorial usage and custom of only is due from each such person yearly for

Easter

the said parish Easter offerings.

and Easter

Saith that he is and at all times hath been ready and desirous to account for and pay to the plaintiff what is due to him for the tithes arising upon or from or due or payable in respect of his said farm.

Submits to ac

count for what

is due in respect

of tithes,

XXII. Answer of the East India Company to a bill by a lay impropriator, claiming tithes or customary payments in lieu of tithes in respect of warehouses, &c. held or occupied by the defendants, they denying his right thereto (33).

not state from

whether he is en

titled to receive any tithes or cus

These defendants &c. [see form No. 2. p. 3.] say they have Admit that plainheard and believe that the said plaintiff is now seised of or entitled tiff is seised of the impropriate to the impropriate rectory of in the said bill mentioned, but rectory, but canhow long he hath been seised of or entitled to the said rectory, or what period, nor whether or not from the year or from any other time, defendants know not nor can any how set forth, nor do they know nor can they set forth, save as after-mentioned, whether or not plaintiff as tomary payments. such impropriator or impropriate rector or otherwise, is or not now or hath or not since the said year or any other time, been entitled to have receive or enjoy for his own use any tithes rates for tithes sums or customary payments or other duties in lieu of tithes, for the houses shops warehouses cellars stables and other buildings of the citizens and inhabitants of that part of the said parish which lies within the city of L. and the liberties thereof as in the bill stated or otherwise.

Admit that such act of parliament as in the bill mentioned was Admit the act of made and passed in the reign of his late Majesty King Henry 8, the decree as parliament, and and that such decree as in the bill set forth was made in pursuance set forth in the of the said act of parliament, though defendants for greater cer

(33) This appears to be the answer which was filed in Antrobus v. The East India Company, reported 13 Ves. p. 9; the decree was made in the plaintiff's favor for the payment of the tithes at the rate of 2s. 9d. in the pound upon the annual value of the premises held or occupied by the defendants; and in note (54), 2d edit. the decree is stated to have been affirmed by the House of Lords.

bill.