Page:The English Reports v1 1900.pdf/897
In the 14th year of King James I. the said Lewis Pollard demised to one Allen for ninety-nine years, (if three lives therein named should so long live,) all that the rectory or rectories, parsonage or parsonages of Foot Baldon, St. Lawrence Baldon, and Marsh Baldon, and every of them, excepting all the tithes of Little Baldon, of one yard land called Shurles, and such tithes and tenths as one Robinson clerk, the then incumbent of the church of Marsh Baldon, had enjoyed by the space of twenty years then past and also [193] levied a fine thereof to William Dewe and William Loder, by the names of the rectories of Foot Baldon, St. Lawrence Baldon, and Marsh Baldon.
Sometime in the year 1618 Robinson died, having been incumbent of the church of Marsh Baldon from anno 1562, being presented to the parish church of Marsh, but not to the rectory, in the said year 1562; on his decease one Humphreys was presented, anno 1619, by Ann Roberts and Augustin Roberts; but not in the stile Robinson had been presented, which was to the parish church only; but now the presentation was to the rectory and parish church of Marsh Baldon; and in the year 1620, King James the First presented the same Humphreys to the said rectory of Marsh Baldon solely, as a lapse.
In the second year of King Charles the First, the said Lewis Pollard granted in fee to one James Jennens, all that the rectory and parsonage of Baldon, (excepting, as in the said demise to Allen, all tithes of Little Baldon, of the said yard lands called Shurles, and such tithes as Robinson had enjoyed for twenty-nine years then past;) and levied a fine of the said rectories, by the name of the rectories of Foot Baldon, Marsh Baldon, and St. Lawrence Baldon.
In the same year a writ of distringas issued to distrain the tenants of the said rectory, who returned, that James Jennens then held the rectory; and in Michaelmas term he appeared and alledged, that King James the First, by letters patent dated the 10th of November, in the 11th year of his reign, granted licence to Lewis Pollard, inter alia, to alien the rectories and churches of Marsh Baldon and St. Lawrence Baldon, with all glebe lands, tithes, etc. And on the 5th of November, in the same term, Lewis Pollard appeared in person, and said that he was seised in fee simple, or fee tail, and by indenture of the 15th of November, 11th James the First, conveyed to Thomas Goddard and John Gardner, and their heirs, inter alia, all the said rectories; and alledged, that the rectories of Marsh Baldon and St. Lawrence Baldon, and the aforesaid rectory of Baldon, mentioned in the said letters patents, were one and the same, and not different, and thereupon was dismissed the court.
In the year 1649, Jennens and one Fiennes, with John Pollard, son and heir of Lewis Pollard, then the husband of Susan, daughter and sole heir of John Danvers, and in her right lord of the manor of Marsh Baldon, by mutual deeds of exchange, exchanged all the tithes of certain lands mentioned in a schedule annexed to one of those deeds, for all the tithes of certain lands mentioned in a scheduleannexed to the other of such deeds, etc. inter alia, all tithes, tenths, oblations, obventions, etc. of Hatchet Piece, consisting of twelve acres, of one close called Hanging Lands of twenty-eight acres, and six acres in Short Monk hill, theretofore parcel of Little Baldon, which were passed to Jennens on such exchange, in lieu of other lands parcel of Little Baldon Farm.
On the decease of James Jennens, the rectory (excepting as above) descended to Richard his son, and afterwards came to Wil-[194]-liam Jennens his grandson, who sold and conveyed it to one Sayer; and in anno 1711, in pursuance of a decree in Chancery, the same was conveyed to Mr. Yateman's grandfather, who died in 1712, and on whose death it descended to the appellant's father, a minor at school.
In 1752 the appellant's father died, by which the rectory descended to the appellant, but before the decease of his father, the respondents Lane and Bacon, or their tenants, had withheld sundry little matters of tithes whereto his tenants were entitled; but their value being inconsiderable, and not then discovered as leading to greater incroachments, the complaints of the tenants of the rectory were considered as matters not sufficient to answer a suit. Encouraged however by such forbearance, the respondent Dr. Bacon formed a larger plan for depriving the impropriator of all his hay tithes arising from Marsh Baldon lands, in opposition to constant enjoyment; and to this end, ordered one William Cox, who rented of him as well those tithes which were excepted for the use of Robinson, as a piece of ground consisting of fifteen acres,