Page:The English Reports v1 1900.pdf/898

called Smith's Piece, common field lands of Mrs. Lane his sister-in-law, whereof the appellant had only two-thirds of the tithes, and the minister of the church of Marsh Baldon the other third, or a composition in lieu of such third; to lay down such piece into meadow, and being in cock, the appellant's tenant, or servant, tithed the same in the proportion which the corn had paid; and as had hay before off another piece in the occupation of Mrs. Lane herself, paying the like proportion of tithes.

Besides these tithes, Mrs. Lane laid down a small parcel of land, formerly parcel of Hatchett Piece, but afterwards mounded off and called Hatchett Close, parcel of the lands whereof all tithes were exchanged in 1649; and Dr. Bacon ordered one Martin, his tenant, to refuse payment of the privy tithes of Hanging lands, held by lease of Queen's College, Oxon, other parcel of such exchanged tithes, under pretence that only the corn tithes of the former were exchanged, and only predial tithes of the latter, and not all tithes thereof; and therefore that all not exchanged belonged to Mrs. Lane, as heir of John Pollard, son of Lewis Pollard, as unconveyed on the exchange, or to Dr. Bacon her brother-in-law, under his general right as rector of the parish of Marsh Baldon; although, under Lewis Pollard's exception, Mrs. Lane claimed the tithes of sundry of her Marsh Baldon lands, in respect of her being heir of Lewis Pollard, and their being parcel of Little Baldon farm, at the time of Lewis Pollard's grant of the rectory of Baldon to Jennens, and reservation made. Dr. Bacon also reserved the furze of many lands of his farm in Foot Baldon, let to one Freuen, and disposed thereof to Mrs. Lane; and after being stacked upon Mrs. Lane's land two years or more, the same was burnt, and an allowance refused.

In Trinity term 1700 Mr. Yateman filed his bill in the Court of Exchequer, as owner of the impropriate rectory of Baldon, setting forth, that a chapel was many years since, though long after the establishing of tithes, founded in the township of Marsh Baldon [195] by some lord of that manor, and that the same, for many years within memory, had been presented to by the name of a chapel, and that the same had been endowed with lands in perpetuity, by some lord of the manor of Marsh Baldon, for maintenance of a priest, and by means thereof its advowson belonged to them; but that the rectory or spiritual profits of Marsh Baldon was parcel of the rectory of Baldon, and that he was seised thereof, except such parts as Lewis Pollard, great grandfather of Mrs. Lane, had excepted thereout in his grant to Jennens; and praying an account and satisfaction of all titheable matters.

To this bill the defendants severally put in their answers, alledging, that in Baldon there were two ancient parish churches, and that each of such churches had a rectory, or the spiritual profits of the place appendant to it; and that the church of Marsh Baldon was a primitive mother church, and not subject to any other church; that the presentations thereto, from time immemorial, ever had been to the rectory and parish church of Marsh Baldon; and that Mrs. Lane several years since presented Dr. Bacon thereto, and that he had institution and induction into the same, and was rector of the parish church of Marsh Baldon, and as such, of common right, entitled to all tithes thereof not constantly enjoyed by the appellant, and those under whom he claimed. But they admitted the appellant to be seised of the rectory of Baldon, which they alledged was only the rectory of Foot Baldon, and not of the whole of Baldon, or all the Baldons: for that Marsh Baldon was a distinct rectory, and ever belonged to the parish church of Marsh Baldon, which was a primitive mother church of the advowson of the lord of the manor of Marsh Baldon, and never appropriated to the monastery of Dorchester; but they admitted that, either by appropriation, or under some other right, the greatest part of the tithes of Marsh Baldon belonged to the monastery of Dorchester, and as such might pass by some general words, in the grant of the Crown under the description of the rectory of Baldon, and that under such appropriated right, though not of common right, the appellant might be well entitled thereto.

Soon afterwards, Mrs. Lane and Dr. Bacon filed their cross bill against the appellant, setting forth, that the church of Marsh Baldon was a primitive mother church, not subject to any other church, and that the presentations thereto had been made, from time immemorial, by the name of the rectory and parish church of Marsh Baldon; and that the advowson of such rectory and parish church belonged to Mrs. Lane, as lady of the manor of Marsh Baldon, she being the grand-daughter and heiress of Susan, the daughter of John Danvers.