the lands of defendants Oxton, Healing, Whitebead, Davies, Bateman, or any of them, knew the lands in the poffeffion of defendant Bateman, whilft the fame was a common, called Backford Heath, or Motherless Heath; and fays, the fame was inclofed between thirty and forty years ago, and was then faid to belong to the faid Charles Cholmondeley. Saith, That Little Sutton hall and demefne, and the farm of defendant Bateman, now are (as he believes) the inheritance of Thomas Cholmondeley, Efq; (fon to the faid Charles). And hath heard (but knows not) that a rent (but how much he cannot tell) was paid from the demefne of Little Sutton to the dean and chapter of Chester, and that fuch rent was in lieu of the tithes of Great and Little Sutton. Int. 6. Has heard, That for Nether-Poole hall and demefne, there was forty fhillings a year paid to the vicar in lieu of all fmall tithes ; and has heard, but knows not, that there was 1ome difference between Eastham and Sutton, in what was paid for a cow and calf, and that when Eastham paid three pence, Suttons paid one penny halfpenny. Remembers vicars Griffith and Lebeg had the pafturage of a cow or a horse upon the demefnes of Nether-Poole and Hooton, and believes fuch pafturage was at the will of the owner of the demefne, having frequently heard it was fo from his father, and other people, now dead; and particularly, because he was once prefent at Hooton hall, when faid Lebeg afked liberty from See No. 4. of this Appendix. Sir Rowland Stanley, the owner thereof, to turn two colts upon that demefne. WILLIAM CURRY, aged fixty-fix, (examined by plaintiff, but read by defendants) Int. 4, 5, and 19. Saith, That during his remembrance, the impropriators of the parish of Eastham have received the tithes of all corn and grain (but not of any other titheable matter that deponent ever heard of) within the faid parifh; and the vicars have received in kind the tithes of all hay and agiftment within the townships of Eaftham, with Plymyard and Carlett, Hooton (fave the demefne), Childer-Thornton, and Over-Poole, and all other fmall tithes, or fome modus or compofition in lieu, throughout the parish; but pig, goofe, wool, and lamb, are usually paid in kind. Saith, Said vicars have received from Hooton hall, and demefne (as deponent hath heard, and for the reafons after mentioned believes) as a modus or compofition in lieu of tithes of hay and small tithes, forty fhillings yearly, and also the keeping there of a horse durante beng placito. And alfo from Nether-Poole hall and demefne (as deponent hath heard, and for the reasons after mentioned believes) as a modus or compofition in lieu of tithes of hay and fmall tithes, forty fhilings yearly, and the keeping there of a cow or horfe durante plene placito. And deponent is the rather induced to believe , the fame, because he well remembers, that on the death of vicar Griffiths, a fhort time before Eafter, Eafter, in 1728 (this deponent's father being then one of the church-wardens of the parish), "A table of the tithes due in the parish of East“ham, according as they had been formerly received "by William Seddon and George Beckett, vicars of Ealtham," (that being its title) was fent from the office of the ordinary of the diocefe, as deponent hath heard his late father fay; in which table fuch refpective modus or compofition for Poole and Hooton hall appears fet down. And as a further reafon for fuch belief, deponent fays, That his late father going out of office on Eafer Monday, 1728, the fucceeding churchwarden collected, during the vacancy of the vicarage, the vicar's tithes and dues by fuch table as his guide; and fuch table being wore out, by collecting from place to place, a copy was made thereof by the then parish clerk, and that the vicar's tithes and dues were collected by fuch copy, after the said table was fo worn out; but knows not whether the faid copy was ever examined with the said original table. Saith, The paper writing now by him produced, marked L. is the copy fo made by the parish clerk, and in order to the producing thereof, he received the fame out of the church cheft, where it is usually kept locked up. Note; On the rehearing, no new evidence was heard on the part of the plaintiff, fave that the terriers of the parish, produced on the original hearing by the defendant Maddock, were now read on the plaintiff's behalf. On On the part of the prefent appellants, the tithe table (appendix, No. 4.) was read, and the depofitions of Mrs. Ellen Currey, and Jofeph Critchley, fo far as the fame related to the proof of fuch tithe table. But thefe depofitions are here omitted, as they were not, in meaning or fubftance, different from that of William Currey, herein before abftracted. No. 2. The Terriers of the Vicarage of Eastham, dated in 1696. Imprimis. One vicarage house, one barn of two bays, one ftable at the end of it. A bay of low houfing for cows, two fmall gardens, and an orchard. Item. 2. One croft adjoining to the house, being half an acre. One pafture field of three acres. One loont in the town field next the way, half an acre. One loont in the fame field of three measures sowing of barley. One other in the fame field of two meafures fowing. One other of one, which hath been exchanged with John Grice's tenement of Eafiham. Item. 3. Great Sutton, and Little Sutton, and Whitby, are freed from paying of tithe hay, every house paying a penny, called a tilt penny, upon what account we know not. They likewife pay for no calves, but one penny half-penny a cow, the reafon being alfo unknown to us. Sutton hall pays, in lieu of all fmall tithes, one pound fix fhillings and eight-pence. It has paid more, never lefs. Hooton, Hooton and Poole halls, each, by custom, pay two pounds per annum. Item. 4. Eafham, Hooton, Poole, and Childer-Thornton, pay one penny for a farrow cow, one penny half-penny for a milch cow ; and if five have calved, they pay two fhillings and fix-pence; if ten, five fhillings. In the forenamed places, mortuaries are payable to the vicar. And tithe herbage after two fhillings in the pound, if the occupier lives out of the parish. Item. 5. No tithes but corn belong to the impropriator, all other to the vicar. Item. 6. No augmentations have been made to the vicarage that we know of. Note; The two church-wardens of this parish are and 21, read No. |