342 



combination among themselves," refused to pay or to account, 

 so that the Vicar knew not " what to demand." The defendants 

 answered, acknowledging the tithe as due on seven, eight, nine 

 or ten calves; but, denying the other claim of the Vicar to "drive" 

 or carry forward the odd ones, they asserted on the contrary 

 that for all under the number seven they paid a halfpenny for each 

 calf weaned, the tenth jjenny of the price received for every calf 

 sold, and if a calf were killed then the Vicar had the left shoulder, 

 or fourpence, at his choice, and this they had always done. Issue 

 being joined, witnesses were called, and old books examined, 

 when the Court being satisfied that the Vicar was right decreed 

 accordingly, and " ratyfyed the ancient custom held tyme out of 

 mynde."* 



In 1704, several landowners again opposed the Vicar on this 

 claim, but introduced some speculative customs not mentioned 

 in the former trial. They set out that " time out of mind" tithes 

 of lambs, calves, colts and other yoimg cattle were payable yearly 

 in kind or customary payments, and that where the number did 

 not reach seven, the lowest number tithable in kind, the Vicar 

 received a customary payment at Easter, " upon reasonable 

 request from himself, his farmer, or deputy," and could not keep 

 them in " drift or expect." That for every number of seven, 

 eight or nine calves the Vicar had one at seven weeks old, but 

 for every exact ten and not more the parishioner or owner 

 received one calf at seven weeks old, and the Vicar at the 

 time of giving such calf at the same time gave l|d. ; when 

 the number was eight he gave a penny ; and when it was nine he 

 received ^d., and so in proportion if above ten and under 

 seventeen, and every parishioner paid a penny for a colt. The 

 parishioners again failed to prove their case or the customs 

 pleaded, and their bill was dismissed with costs, t 



t Book of Decrees, Exchequer, 15th May, 3 Anne, fol. 423b. 

 * Decree Books, Chanpery, Trinity, 30 Charles II. , fol. 69b. 



