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 seised of the Rectory ) that the Mansion-House belonging to the Vicaridge was too remote from the Church ; the said Master , Scholars and Vicar by Indentures , 18th of June 1473. for setling 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 Messuage 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 Wooll , Lambs , Milk , Calves , Flax , Hemp , Herbs , Fruits , Geese , Pigs , Wax and Honey . FOR his and their WHOLE AND INTIRE PORTION OF TITHES FOR EVER , NOTWITHSTANDING ANY OTHER THINGS THAT MIGHT AFTER HAPPEN , DE NOVO .

That accordingly the Vicars ever since have enjoyed the Messuage 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 Turneps 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 Colledge ; 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 Turneps sown in the Common Fields , and ever since for above 20. Years last , the Colledge 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 Turneps 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 Erronious .

For that it is quite 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 recompence given expresly in liev 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 inclosed Grounds in the Parish are thus sown with Peas , Carrots , and Turneps , 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 Colledge 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 quite lost to the Impropriator and transferred to the Vicar .

And this Judgment 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 Indowment of them may be intended .

Resp . An ancient and an uninterrupted Possession , where no Indowment appears to be to contrary , may be aided by such intendment : But that is not the present Case : For ,

1. Here is an express indowment 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 Colledge , 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 Colledge and their Farmers , so that the Possession has been with the Colledge as well as with the Vicar .

And it seems pretty hard to establish such a Question by a Decree , without calling in the Colledge , who have the Fee of the Impropriation .

Object . 3. It s a Poor Vicaridge .

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 plead Poverty , he holding another Benifice worth 100 l. per Annum .