And his lordship by the consent afsa.

Doth further order and direct, that the sd. Plts shall allow and pay to the Defts their proportions of the rates and assessments due and payable, and wch have been assessed on the Plts for the tithes in the sd. hamlets for sd. years, for so much of the tithes which shall be paid for those years, allowing one third part of the sd. tithes which the sd. Plt shall receive for the charge which the inhabit's of the sa hamletts have been at for a minister in sd. years,

And the sd. Plts shall likewise allow and pay to the Defts for their proportion of tithes, wch they shall pay to Plts for those years their proportion of parliament rates and assessments, and for the maintenance of the army, poor, and repairs of the schapple for the afsd years.

And that for the future, the Plts shall pay and allow to a minister, which they shall provide for the sd chaple of Drypoole, ten pounds by the year to be paid half yearly, at midsummer and christinas by equal portions.

And that for the year 1647, the Defts shall pay only the tithes as afsd. for their wool, lamb, and other small tithes due for that year.

M M

And that all suits and differences between them shall cease for the future, and be fully and wholly ended and determined.

All wch being ord. by his lordship, by and with the consent afsd. signified under the hands and seals of their solicitors, and Robt. Bromfield, one of the Defts.

The Court doth confirm and decree the same accordingly.

By the Lord Chief Baron.

By Mr. Baron Thorpe.

IN THE EXCHEQER,

M: 19, Charles II.

31 Novr. 1667.

Yorksh.-Bew Clk v. Brigham.

The bill stated that Dr. Burwell, Vicar general and official principal of the late Arch Bishop of York, did by writing under his hand and common seal of office, dated 30 July, 1662,-directed to the church wardens and other the inhabit's within the chappleryes of Bilton and Wyton,

and parish of Swine, in the diocese of York, licence the Plt to serve the cure of the sd chap

pels, and to enjoy the wages, duty and other rights thereunto belonging, until he sho'd be otherwise commanded, requiring them to accept the sd. Plt as their curate.

That thereupon he entred upon the same and ever since continued, and still was in actual pos'sion thereof, and duly officiated and performed all dutys belonging to his function as curate there, and therefore ought to have all manner of tithes as well great as small, (tithe of corn only excepted,) and customary payments in lieu of tithes within the sd. townships and chapplerys, and wch his predecessors at any time rece'd or ought from the sd owners and occupiers of land there, or other tithable matter.

That the sd places having been vacant 3 years before the Plts entry, he became legally entitled to and ought to have had and rece'd all tithes and payments during the sd. vacancy. That the Defts were, and for 5 years last past and upwards, had been seized of divers lands within the sd. chappelrys and tithable places thereof and had great quantities of hay, and fed and pastured divers cows, sheep, ewes, sows, mares and other cattle,

and had yearly renewed and fallen divers calves foals, lambs, pigs, geese, turkeys, hens, ducks, eggs and much wool, milk, fruit, and other tithable matters, and cut great quantity of whinnes, and lopped many trees, by which they had great advantage and ought to have paid tithes to the sd. Plt or agreed for same, which they all refused,

Therefore prayed a discovery and satisfaction for the same.

The Defts app. and answered.

The Deft Brigham sayed, that Leicester Viscount Hereford was and for sev1 years last past had been seized of the rectory impropriate of Swine, whereof the chappleries were parcel and reced all manner of tithes, as well great as small, happening within the same.

And being so seized by Indre dated the 15 of August 1661, demised to the Deft his Ex'tors Adm'ers and Assigns all tithes of what kind so ever and all oblations and profits renewing &c. within sd. chappleries (mortuarys only excepted) to hold for 21 years under a reserved rent,

By virtue whereof entred and received all tithes within the sa chappelrys, and denied that any tithes whatsoever, or any customary pay

ments in lieu of tithes, happening within the townships of Bilton and Wyton or either of them or any precincts thereof, were due to the curate thereof, but that they had from time to time, as the cure became void, been presented by the Lord Viscount Hereford and his ancestors, and those whose estates they had in the sd. rectory, and had paid the resp❜ive curates thereof a yearly salary of five marks for the chapel of Bilton,

For the last two years in the bill he had paid to the minister of Swine the s" salary of 5 marks for officiating the chapelry of Wyton, by virtue of a writing from the sd. Dr. Burwell, under the hands of G. Aishleby, register, and the common seal of office, 3 Sept 1663, directed to the inhabit's of the chapplery of Wyton, reciting "That "whereas the same chapplery was demolished "and ruinous, and altogether uufit for Divine "service, he did thereby appoint the pish church "of Swine to be the church for the inhabitants of "Wyton till the sd. chapple sho'd be rebuilt, and "that they sho'd repair to Swine to hear Divine "service, and pay the minister of Swine all dues "as formerly did belong to the curate of Wyton."

By virtue whereof he ever paid since the st. 5 marks yearly to the minister of Swine anciently