Star.
London, England, 1818-12-11 00:00:00

quits Rictor. His defence to that was dmple. Let
• the plaintiff but prove his title Rector, and then let
him establish his ellen to receive more thartlo.
After some further coeveriation between the Court-
sd on both sides.
The Viot-CataWczuma Observed, that the Rector,
if plaintiffs chullkto that title were admitted, had a
prima facie right to the ti thes, unless the contrary
wait proved.
T* Mr. HART observed was the case at common
law,t here it was differento The present case was'
one where a peculiar species of compensation was
payable to the Rector, by the Vicar, or other person
performing the duty. •
The VICE-CmAnoer.t.ort replied, that by the statute,
the Rector had a pritnti facie right to the tithes, or
the 2s. 9d. allowed in lieu of them.
Mr. HART then consented to admit the plaintiff's
title as lay-impropriatcrr, and go on to prove his
client's right to the tithes, as if a plaintiff. He ob-
served, that the proposition of the plaintiff (Barnes)
was, that as impropriate Rector, he had•a right to
have all the tithes. This was answered by defendant,
who admitted the impropriate title, but who claimed
the tithes as an endowment, on Condition of certain
services to be performed, and of a certain sum to be
paid to the Rector. The Learned Gentleman then
went on to shew, that from the first grant of the
Rectory to the Abbey of Alnwick, in 1361, down to
the abolition of monasteries and since, the nature of
the grant, and the several subsequent acts, rendered
this Vicarage an endowment, as if it had been so from
the first. In support of his argument, lie cited seve-
ral Acts of Parliament, particularly the 9th and 15th
of Richard H. and 4th of Henry 111. by which itwas
enacted, that all impropriate Rectories should have a
priest, who was to be permanently endowed with the
mansion and glebe-house, and a competent pOrtion of
the tithes. This was evidently to guard against im-
propriators absorbing the profits and neglecting the
care of the people, as was the case in many instances.
He also cited an extract from the institution of the
Rev. John Plowgar into the Vicarage of St. Dunstan's,
in 1437, from which he contended that the Vicar had
a right to the tithes. He was proceeding with other,
proofs,.when it being three o'clock, the Vice-Chancel-!
for observed, be would not go further till to-monow;
but he begged of the:gentremen concerned on both'.
sides to consider before to-Morrow whether he could
decide the question, without sending an issue to be
tried by a Jury. He doubted whether he had juris-
diction to decide without such a proceeding: The'
case of the House of Lords having decided that the
Church had a right to claim an issue at law, he
doubted whether a Vicar being concerned had not
the same right. He would, however, hear. the gen:
tiemen concerned upon it to-morrow, and if they
could she* that he had jurisdiction, fie wouldso.oul
with the case.—Defer-red till to-morrow ••
THURSDAY, DEC. in.—TaitNES V. ABRAHAM.
Mr."HART was further heard for the defendant, or
rather for the rigl.t. of the Vicar to tLe tithes of St.
Dunstan-in-the-West, his Honour having in vain re-
commended to Messrs. Wetherell and Home to take.
an issue.

By Statute 4th of Henry IV. " impropriation,
however made, were cancelled, and a secular Cler,gy-
man, or Priest, was ordered to be competently en—
dowed, at die discretion of the Ordinary, to 'give in-
structions to the people and to keep hocpitality."
By authority of the 26th Henry VIII. the vahr
ecclesiasticus, or ecclesiastical survey was made. Its
object was to ascertain the revenue arising from the,
King's tenths, .which had been transferred from the'
Pope to the King, and more exclusively front spiri-
tual or uuimpropriated property. In this survey was
this entry, " Thomas GTeen, clerk, Rector of St.
Dunsum-in-the-West, £35. lls. 9kd. with farm of
Mansion-house, and tithes; 71-11 tfie tenths thereof."
The survey appeared to have been finished in the
94th of Henry VIII. (151.1). Now in the above en-
try there must have been aliclerical error. Mr.
Green must necessarily have • been Vicar, and not
Rector, the rectory being in the Abbey of Ainwick.
The inference therefore was, that Mr. Green must have
rendered something to the Abbey of Alnwick for the
rectory, and was himself Vicar, and in possession of
all the tithes.
Mr. WETHERELL admitted that he was Vicar and
not hector.

The monastery of Alew;ck. was suppressed in the
31st Cl Henry VIII. But the monastery had previ-
ously granted a r:rozuratioa to Dr. Layton, to demise
their interest in the rectory. The lease granted by
him in consequence to Mr. Brooke, citizen and mer-'
chant of London, is dated 18th January, 29 Henry
VIII. It demises 6, the church and parsonage of St.
Dunstan-in-the-West, with the mansion-house thereto.
pertaining wherein the Vicar 310 W dwells, together
' with all tithes, oblations, tights, and all other profits•
and advantages to the said parsonage in any way
pertaining or belonging; the gift and patronage of
the vicarage excepted and reserved to the said con-
vent." The lease was for threescore and ten years,
' for £6. 13s. 4d. to be paid to the Abbey.
Vica-CnaNcettoa.—The lease used those expres-
sions as words of form. They were, however, most
improperly used in a lease which evidently meant no,
thing of the Lind, for it merely demised the rectory
-possessed by the Abbey of -Alnwick.
The Crown Ministers' accounts were the next im-
portant part of she evidence ; they extended from the
31st of Henry VIII. to the 41st of EFiabeth. They
all charged £lB for the rectory, but left a deduction
undetermined every year of El 1. Bs. Bd. thus taking
payment. of Pi. I Is. 4d. as in the lease. It ap-
peared that the rectory had been of the value of
ClO before the lease, and that the Abbey took, in
lieu of that sum, £6. 1 ls. 4d. on account of the
difficulty of getting the money at such a distance.
As many monasteries had made demises at very in.
adequate rents, on the prospect of their suppression,
this demise was suspected to have been fracduleet.
like 'others ; hence the continuance of the cliatge of
ClB for so many years. In the sth of Edtvard.W.,
6ir Richard Goodwick, 'Attorney-General, sued in
the Court of Augmentation, and Mr. Richard-List,
successor to Mr. Green, answered, that he was Vicar,
that he had paid yearly rent and pension ftir posses-
sion of the rectory and parsonage belonging to the
Abbey of Alnwick ; that he now paid that rent to
the King, to whom the rectory had reverted; and
that he Zajoyed all the tithes, oblations, and other
profits. There was a decree of the Mutt of Aug-
mentation, whereupon Sir .Richard fltodwieles
suit was disputed, dated arty 1, Edward VI. This