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of the manor of Latimers, and William Dell her tenant; setting forth the said ancient composition or agreement, and praying to have the tithes of several closes in Latimers allotted to him, and that Mr. Ashfield, the parson of Chesham Leicester, might pay him one quarter of wheat, parcel of the five quarters of wheat wherewith the parsonage was charged; Mr. Ashfield having only paid him four quarters of wheat yearly, and detained the fifth quarter to his own use.

To this bill the defendants put in their answers; and Mr. Ashfield, by his answer, denied that the then plaintiff was entitled to the tithe of any of the closes mentioned in the bill, but that the same belonged to him as parson of Chesham [597] Leicester; and he admitted, that he, as parson of Chesham Leicester, had paid to the chaplain of Latimers four quarters of wheat yearly, and conceived no more wheat was due or ever paid to the said chaplain; but confessed, that he had then in his custody a paper, intitled, a composition between the abbot of Leicester and Walter Foliott; which was taken out of a book kept by the churchwardens of the parish of Chesham.

The plaintiff having replied, and issue being joined, divers witnesses were examined on both sides, and on hearing the cause on the 27th of June 1633, before the Lord Keeper Coventry, in the presence of counsel for all parties, except the Countess of Devonshire, who made default, the court was of opinion, that the demesne lands of the manor of Latimers ought to be charged with the payment of tithes to the chaplain of Latimers, as antiently they had been for discovery whereof, a commission was ordered to issue, directed to Henry Bulstrode, Edmund Waller, and Thomas Hampson, Esqrs. to consider of the proofs then taken, and to examine such other witnesses as should be produced by either party; and thereon, and on view of the lands, to set out and distinguish what particular lands were tithable to the plaintiff or defendant Ashfield respectively, and finally to determine all matters in variance between the parties, as well touching the said tithes, as concerning the one quarter of wheat yearly, parcel of five quarters claimed by the plaintiff from the defendant Ashfield, and the arrears thereof; the court conceiving, that the defendant's composition with Sands ought not to prejudice the plaintiff, in case he should make it appear to the commissioners to be an antient duty; the court also left the defendant Ashfield to make proof before the commissioners, touching the acre of wheat claimed by him; and upon return of the commissioners certificate, such further order should be taken as should be just.

A commission issued accordingly, and Mr. Bulstrode, Mr. Waller, and Mr. Hampson, the three commissioners, examined several witnesses and made their certificate, taking notice of the antient composition between the abbot and convent of Leicester and Walter Foliott, in the reign of King John; and after certifying their opinions, touching the tithes claimed by the then plaintiff out of the demesne lands of Latimers, they farther certified, that they conceived that the one quarter of wheat claimed by the then plaintiff, and the arrears thereof, were due to the plaintiff, which arrears they valued at £9, and that the defendant Ashfield ought to have yearly one acre of wheat out of the demesne lands of Latimers, which acre was not to be of the best, nor of the worst, but reasonably to be allotted yearly to him.

Upon hearing the cause on the 25th of January 1633, on this certificate, and the proofs taken by the commissioners, the court of Chancery decreed, that the plaintiff and his suc-[598]-cessors should quietly enjoy the tithe of the several closes therein, mentioned; and that the defendant Ashfield should pay to the plaintiff the 29 for the arrears of the one quarter of wheat, parcel of the five quarters claimed by, the plaintiff, and that the defendant Ashfield, his heirs and assigns, should also pay to the plaintiff and his successors for ever, yearly, the said five quarters of wheat.

By another order made in the cause on the 9th of May 1634, upon the motion of the defendant Ashfield's counsel, alledging, that inasmuch as by the composition made between the lord of Latimers and the abbot of Leicester, the one should have five quarters of wheat yearly, and the other should have an acre of wheat out of the demesnes of Latimers, neither the best nor worst; and seeing the parson had no remedy for his acre, but by detaining his five quarters, and praying that the defendant might detain the five quarters till he had an allowance for the one acre of wheat; it was ordered, that the Countess of Devonshire should have notice thereof, to the end she might shew, cause the first day of the then next term, why she should not allow the acre of wheat out of Latimers to Mr. Ashfield.

It does not appear that any further proceedings were had in that cause; but it is