The Appellants Case.  


〈…〉 Bewick, Simon Brown, Senr, Simon Brown, Junr. Robt. Hills, Edward Ballard, Joseph leech and Thomas Cottage. Appellants.  
〈…〉 Vicar of Linton. Respondent.    
THat in the Year 1473. Thomas Green then Vicar of Great Linton in Cambridge-shire, complaining to the Master and Scholars of Pembrook-Hall in the University of Cambridge( who were seized of the Rectory) that the Mansion-House belonging to the vicarage was too remote from the Church; the said Master, Scholars and Vicar by Indentures, 18th of June 1473. for settling the right of the Vicar and establishing Peace between the said Parties; Did mutually agree, that the Master and Scholars, and their Successors should have the said Mansion-House, and the Vicar and his Successors should have another messsage near the Church, and 10. Acres of arable Land in the Fields, and the Tithes of 40. Acres of Corn, and 12 s. annual Rent, and other lesser Tithes usually Received by the Vicar for their whole Portion of all Corn and Grain whatsoever.  
And should have the Tithes of Saffron of certain Lands therein mentioned, and 3 s. 4 d. per Annum, in lieu of all Tithes of Saffron; and should also have all Oblations, Personal Tithes, Mortuaries of Strangers, and all other small Tithes; viz. Of wool, Lambs, Milk, Calves, Flax, Hemp, Herbs, Fruits, goose, Pigs, Wax and Honey. FOR his and their WHOLE AND entire PORTION OF TITHES FOR EVER, NOTWITHSTANDING ANY OTHER THINGS THAT MIGHT AFTER HAPPEN, DE NOVO.  
That accordingly the Vicars ever since have enjoyed the messsage near the Church, and the 10. Acres of Land, and the Tithes of 40. Acres, and other the Matters agreed on.  
That about 60. Years ago Carrots and turnips began to be sown in the Common Fields of Linton, but at first in so small quantities, that the Tithes were not regarded, and for some few Years the Vicar received the Tithes of them under the Notion of Small Tithes.  
But afterwards when whole Fields were sown with them, and the Tithe became valuable; Curtis then Farmer of the Rectory, applying to the college; it appeared upon Perusal of the said Indenture of Compositon, that these were not comprehended in it, being a new kind of Tithes happening afterwards.  
Whereupon he sued for the Tithes of Carrots and turnips sown in the Common Fields, and ever since for above 20. Years last, the college and their Farmers of the Rectory have enjoyed them, as also the Tithes of hasty Peas, which of late have been sown in the Common Fields in great Quantities.  
That the Respondent sued the the Appellants by English Bill in the Exchequer, for the Tithes of the said Peas, Carrots and turnips sown in the Common Fields of Linton in the Year, 1694.  
And the said Court, hath adjudged the said Tithes to belong to the Vicar, and not to the Impropriator, and have Decreed the Appellants to Account and make Satisfaction for them to the Respondent.  
Which Decree, the Appellants humbly Conceive, and are advised is erroneous.  
For that it is quiter contrary to the express Words, and intent of the Indenture of Composition, which was made to quiet all Claims and Questions, and ascertain and settle the Right and Pretences of the Vicar.  
For by the Composition, the Vicar has a recompense given expressly in lief of all Tithes BLADORUM; which comprehends all Corn and Grain.  
Also the small Tithes the Vicar was to have, are enumerated and he excluded from any new sort of Tithes that might happen after wards.  
Object. 1. It was objected at the hearing( upon which the Decree seems to be founded) that these Peas are of the kind of Garden Peas or hasty Peas, which were usually set or sown in Gardens, and these are gathered Green, and managed with a Hoe as in Gardens; and Peas in Gardens pay Tithes to the Vicar, and therefore they ought to pay in Common Fields as a small Tithe.  
Resp. That where Peas pay in Gardens, that's only by reason of the Place( Vicars having usually the Tithes of Gardens) But Peas in their Nature being great Tithes the gathering of them green, or their being by Cultivation produced earlier then was usual in Common Fields, does not make them small Tithes.  
2. That the Hoe formerly used in Gardens, is now found to be a good piece of Husbandry, and used very much in Common Fields, not only for Peas, but other sorts of Grain, and that way of ordering them cannot make them small Tithes,  
3. Several hundred Acres of the Common Fields, and enclosed Grounds in the Parish are thus sown with Peas, Carrots, and turnips, and it being found very profitable; this way of Husbandry increases every Year, so that if the Vicar must have the Tithes, the whole Profits of the Parish will in time be his, and the Impropriation that was given towards Sustentation of the college will dwindle to nothing, and yield them neither Fines nor Rent for these Lands, that formerly answered Tithes of great Value to the Impropriator, and never any thing to the Vicar, will by this course of Husbandry, and this Decree be quiter lost to the Impropriator and transferred to the Vicar.  
And this judgement in the Exchequer may influence, and prejudice the most( if not all the) Impropriations in England.  
Object. 2. The Vicar was for sometime in Possession of these Tithes, and therefore a new endowment of them may be intended.  
Resp. An ancient and an uninterrupted Possession, where no endowment appears to be to contrary, may be aided by such intendment: But that is not the present Case: For,  
1. Here is an express endowment that excludes the Vicar.  
2. Here the Subject Matter is not so ancient, as that any such Intendment can well be built upon it; this course of Husbandry being first introduced within these 60. Years.  
3. Here's neither an uninterrupted nor a continued Possession, for at the first, one while the Vicar, another while the Farmer of the Impropriation received them as is proved.  
And tho the Vicar received them for some few Years: Yet after the Farmer of the Impropriation had consulted the college, and found these Tithes belonged to them, he claimed and sued for those Tithes and had them, and they have been ever since, for above 20, Years last enjoyed by the college and their Farmers, so that the Possession has been with the college as well as with the Vicar.  
And it seems pretty hard to establish such a Question by a Decree, without calling in the college, who have the Fee of the Impropriation.  
Object. 3. Its a Poor vicarage.  
Resp. The Respondent has been offered 40 l. per Annum for what he has without the Tithes in Question, and he may have that Rent when he will, but thinks it too little, and as to the Respondent, he cant pled Poverty, he holding another benefice worth 100 l. per Annum.   

THE APPELLANTS CASE.  
Thomas Martin& al. Appellants against William Stephens Respondent  
To be heard upon Wednesday the 17th. Day of February, 1696.