for the tithe of carrots, turnips, onions, and such other gardenstuff, growing upon seventeen acres and an half of ground, plowed and sowed by the defendant with those matters; and from Lady-day, 1673, unto Lady-day, 1679, to the time of exhibiting the plaintiff's bill, the said defendant Pullen is to account for all his tithes, and customary payments, and offerings, due from him unto the complainant; and this Court doth declare, that for all tithes, customary payments, and offerings, payable by the defendant Pullen, from Lady-day, 1673, to Lady-day, 1679, except for tithe-pigs, and tithes of the seventeen acres and an half of ground plowed, the said defendant Pullen is to be discharged, it appearing to this Court, that the defendant had satisfied the plaintiff for the same. The defendant, Cumber, is to be discharged from all the tithes and offerings, due from him to the complainant, during the time he officiated as parish clerk of Croydon, by the consent of the complainant, he discharging the plaintiff from any demands, for his gathering money due to the plaintiff, for burials, christenings, churchings, or other service done for the plaintiff; and accordingly the plaintiff is hereby discharged from the same; but the said defendant Cumber, is to account for his tithes, customary payments, and offerings, due from him to the complainant, from the time he was discharged from being parish-clerk. The defendants, Constable and Thompson, are to account for all their tithes, customary payments, and offerings, due from them to the complainant; and the deputy-remembrancer is to examine and certify, whether the sum of twenty-five shillings, tendered by the defendant Constable, unto the complainant, and the sum of fifteen shillings tendered by the defendant Thompson, be the annual value of the tithes due from them to the plaintiff, and the said deputy-remembrancer is to make his report with all convenient speed, and to be armed with a commission, if need be, and this cause is to be continued in the paper, to be further heard upon the said report. And it is further ordered by this T. C. Court, that the defendant Cumber is to pay no costs.

The decree of the Lord Chancellor*, at Lincoln's Inn Hall, 1743,

Saturday, the second day of July, in the seventeenth year of the Reign of King George II. 1743, between Nathaniel Collier, clerk, plaintiff; John Heathfield, Peter Webb, and Amos Harrison, defendants.

THIS cause coming this present day to be heard, and de bated before the Right Honorable the Lord High Chancellor of Great Britain, in the presence of counsel, learned on both sides. The substance of the plaintiff's bill, appeared to be that the Right (Most) Reverend John Stratford, Archbishop of Canterbury, in right of his Archbishopric, was seized of the Vicarage of the parish church of Croydon, in the county of Surrey, and by charter of endowment, dated the 12th of June, 1348, ordained and appointedt, that the Vicars of the said church for the time being, should have and receive, from the several and respective inhabitants, all manner of oblations therein, and a moiety of tithes of lambs, and a penny for each lamb, which the owner should have under ten in number, and all the tithes of wool, calves, pigs, geese, ducks, pigeons, cheese, milk, butter, herbage, apples, pears; and of pease, beans, roots, herbs, and other fruits, growing in gardens and orchards; and of flax, hemp, eggs, gains of trade, or traffic, and all mills built, or thereafter to be built, within the bounds, limits, or tithings of the said parish church, and all

* Lord Hardwicke.

+ This passage appears to be incorrect; it should probably run thus :--And that, by charter of endowment, &c. it was ordained and appointed.'

other small tithes, not by the said endowinent appropriated to the Rector of the said church; and, also, all mortuaries hap pening to come, or which ought to belong to the said church, on account of the burial of any person whatsoever; and the said endowment was afterwards renewed, and further confirmed by Pope Boniface IX. with the consent of the then Archbishop of Canterbury, in a Bull, dated the 16th of January, 1390; that by virtue of the said endowment, the Vicars of Croydon, for the time being, constantly received the said tithes; that the plaintiff, who had been upwards of seven years duly inducted into the said Vicarage, is entitled to all Vicarage tithes, and to all oblations, mortuaries, and customary rates, payable to the Vicars as aforesaid, during the said time; and was, and is entitled to perform the office of burial, and to read the service thereof, appointed over all persons dying, or buried, within the limits of the said parish, and has always been ready to perform the duty the law requires of him in that respect, and being so entitled, was in hopes the several occupiers of land, and inhabitants within the said Vicarage, from whom Vicarage-tithes were due and payable, would have duly set out and paid their several tithes, and titheable matters in kind, as the same became duly payable, or account with the plaintiff for the same; and also would have paid him all oblations, fees, obventions, mortuaries, and other customary rates and payments due to the plaintiff; that the defendants, Heathfield and Webb, have severally, and distinctly held and enjoyed several lands, closes, pastures, fields, orchards, gardens, and yards, within the said Vicarage, and titheable places thereof; and did at several times since the year 1735, enter upon and occupy divers other fields, lands and pastures, orchards, or gardens; and increased their own stocks of cows, sheep, or other cattle in proportion, or took in other people's cattle, sheep, or cows, by way of agist ment, for better management of the same; and during the said time, or part thereof, have either grazed, digged, or plowed, and sowed the same, or part thereof, with turnips, or

other titheable matters, which were due and payable to the plaintiff, and on account of the said increase of lands, and stock, were of much greater value than tithes, arising from lands, closes, pastures, fields, orchards, gardens, and yards, lying within the said Vicarage, and the titheable places thereof, in their occupation, in some preceding years, and for which, they had made the plaintiff some satisfaction in part; and the said defendant Heathfield, in particular, fed and depastured great numbers, not only of sheep, but of other barren and unprofitable cattle, and fattened all, or some of them, either on pasture lands, or turnips, which he had growing on his other lands aforesaid; and likewise had in his orchard, or garden, great quantities of apples, pears, and several other sorts of fruit and titheable things, and during the time aforesaid, or part thereof, had, and kept, within the said Vicarage, divers sows which had pigs, geese, turkies, ducks, hens, and other poultry, which laid eggs, where numbers of young, in their different kinds, were also produced; and during the aforesaid time, kept divers horses for drawing and travelling on the road; and cows, which brought forth calves, and gave great quantities of milk, which he sold; the tithes of which turnips, fruits, and other small tithes before-mentioned, arising, and renewing yearly, within the said Vicarage, during the said time, together with the offerings, oblations, and obventions, become payable in that time, for himself, sons, and family, would have amounted to a very considerable value; that ever since the year 1735, the defendant, Webb, kept great numbers of sheep, which produced great numbers of lambs, and great quantities of wool, and fed and depastured great numbers of barren and unprofitable cattle upon his lands, and fed and agisted, or fattened upon turnips, either of his own growing, or other people's growing in the said parish, great flocks of sheep, whereby a duty or tithe arose to the plaintiff, as Vicar aforesaid, and kept several cows, which brought forth calves, and gave great quantities of milk; and likewise had in his orchards, gardens, and yards, apples, pears, and se

veral other sorts of fruits, pease, beans, roots, and other titheable things, and during the time aforesaid, or part thereof, had and kept within the limits or titheings of the said Vicarage, divers horses which travelled the road, and seve ral geese, ducks, hens, pigeons, and other poultry, which laid eggs, whence great numbers of young in their different kinds were produced; the tithe whereof, together with divers offerings, obventions, and other dues, on account of his trade, and of the lying-in, and churching of his wife, since one thousand seven hundred and thirty five, or at different times, before and since; as also on account of the burial of his servants, child, or children, out of his family, as well as the ordinary and settled yearly offerings payable at Easter, for himself, his wife, and servants, belonged to the plaintiff, and would have amounted to a very considerable sum; and the plaintiff, as Vicar aforesaid, is well entitled to perform the office of burial, to all persons dying or buried in the said parish, and to an oblation, or obvention, of two shillings and six-pence for every such burial; and that Francis Tegg, late an inhabitant of the said parish, died there some time in one thousand seven hundred and thirty-seven, having first made his will, and thereof appointed the said defendants Webb and Amos Harrison, likewise inhabitants of the said parish, executors, and they since his death duly proved the said will; that the said Tegg died possessed of goods and chattels to the value of forty pounds and upwards, and by the endowment aforesaid, and the custom of the said parish, there was therefore due to the plaintiff ten shillings for a mortuary upon the death of the said Tegg; and as it was the proper office of the plaintiff, and he was ready to have performed the burial service over the said Tegg, there was also due to the plaintiff for the same, two shillings and sixpence more, which the plaintiff hoped the said Webb and Harrison, as executors, would have paid as soon as the said Tegg was buried in the said parish; that the said Webb has had several children by his wife, and the churching her, after her several lyings-in, was a part of