AALT images for the Negus case:

[appearance of petitioner]

England. Memorandum that on June 25 this same term comes here in court a certain William Negus of Shelton in Bedfordshire yeoman in his proper person and gives the court to be understood

          [Milners Home in Yielding as part of glebe land of Shelton]

that, whereas a certain close of pasture called Milners Home containing by estimation four acres lying and being within the parish of Yielding in the abovesaid county is as well as from time whereof the memory of man runs not to the contrary has been parcel of the glebe land looking and pertaining to the rectory of Shelton abovesaid,

[Berridge is now rector of Shelton, holding Milners Home]

and whereas also a certain John Berridge cleric on the last day of March in the year of our lord 1603 and long before that and always afterwards until now was and still is rector of the parish church of Shelton abovesaid legitimately admitted, instituted, and inducted in the same, by pretext of which that John Berridge was and still is seised of the abovesaid close called Milner Home in his demesne as of fee in right of his church abovesaid,

[Milners Home has never paid tithes]

and that John Berridge rector of the parish church abovesaid and all his predecessors rectors of the same parish church of Shelton abovesaid from time whereof memory of man runs not to the contrary by himself, his tenants and farmers of the abovesaid close called Milners Close had, held, and enjoyed the abovesaid close called Milners Close with appurtenances acquitted and exonerated from the payment of all and singular tithes whatsoever growing, deriving, renewing or touching in whatsoever way of, in, out of, or on that close and whatever part and parcel thereof,

[Berridge leased Milners Home to Negus]

and the abovesaid John Berridge being rector of the parish church of Shelton abovesaid in the form abovesaid on the last day of March in the year of our lord 1603 abovesaid at Shelton abovesaid demised to the aforementioned William Negus the abovesaid close called Milners Home with appurtenances to have and to hold to the same William Negus, his executors and assigns for the term of three years then immediately following and fully completed and ended,

[thus Negus holds exonerated from tithes]

by virtue of which demise that William Negus entered into the abovesaid close called Milners Home with appurtenances and was thereof possessed exonerated by the pretext of the premises of the payment of all and singular tithes whatsoever growing, deriving, renewing or touching in whatsoever way of, in, out of, or on the same close called Milners Home and each part and parcel thereof,

[statute of 2 Edward VI prohibiting new imposition of tithes]

and whereas also in the statute edited in the parliament of the lord Edward VI late king of England held at Westminster in Middlesex on November 4 in the second year of his reign among other things it was enacted by the authority of the same parliament that no person would be sued or otherwise compelled to render, give, or pay any tithes for any manors, lands, tenements or hereditaments which by the laws and statutes of this realm of England or by other privilege or prescription were not able to be burdened with payment of any such tithes or which had been exonerated by any real composition as by the same act among other things it more clearly appears,

[violations of that statute belong to common law jurisdiction]

and whereas also all and singular pleas concerning tithes sought against the form and effect of the laws and statutes of this realm of England and the cognizances of the same pleas specially look and pertain to the said now lord king and his royal crown and dignity and ought to be tried, determined, and discussed by the laws of the land of this realm of England and not in court Christian by the ecclesiastical laws or censures in any way and always up to the present have been accustomed and had to have been so,

[rector of Yielding sued in court Christian for tithes]

Nevertheless a certain Thomas Barker cleric rector of the parish church of Yielding abovesaid, as he asserts, sufficiently knowing of the premises and maliciously scheming not only to disinherit the said now lord king and his royal crown and to draw the cognizance of the plea which specially looks and pertains to the same now lord king and his royal crown and dignity to other examination in court Christian, falsely and deceitfully drew into a plea in the same court Christian the aforementioned William Negus against the due form of the law of the land of this realm of England to injure, oppress, and fatigue the same William Negus in court Christian before the venerable and eminent man William Smyth doctor of laws commissary for the whole archdeaconry of Bedford and official legitimately constituted concerning and for the supposed subtraction and non payment of tithes of milk and of calves from their cows and of tithes of pasturage, horses, mares and colts of horses that are guarded, raised, pasturing and depasturing, issuing, renewing, growing, and touching in and on the abovesaid close called Milners Home in the years 1603 and 1604 at Amptill in Bedfordshire, libeling against that William Negus of and on the premises that that William in the abovesaid year 1603 and the months of May, June, July, August, September, October, November, December, January, February, and March concurrently to the same as well as in the year of the lord 1604 and the months March, April, May, and June in the same year he had and possessed the abovesaid close called Milners Home in his own proper occupation and that that William in and on the same close he held, nourished, guarded and fed ten milk cows and four colts, horses, and mares, and from the same ten cows he took, received, and had, issuing and renewing, seven gallons of milk each week and ten calves and from the same ten cows manure (?), and other profits from the same cows and from the riding horses and colts, and that that William did not pay tithes of the abovesaid milk, calves, and pasturage owed from the premises abovesaid to the aforementioned Thomas being rector of the parish church of Yielding abovesaid, but subtracted them from the same Thomas and completely refused to pay them,

[Negus lost that suit]

and the abovesaid Thomas less justly constrained the same William by occasion of the premises to appear before the aforementioned spiritual judge in the abovesaid court Christian and to answer in the premises, and although that William pleaded and alleged all and singular the abovesaid premises in the abovesaid court Christian before the aforementioned spiritual judge and offered to prove them as inevitable truth and by testimony, nevertheless that spiritual judge, notwithstanding that plea, allegation, and proof brought and promulgated a certain definitive sentence against that William by the abovesaid Thomas of and on the premises,

[Negus appealed, arguing temporal court jurisdiction]

from which certain definitive sentence that William lately appealed to the alms court of Arches of Canterbury in London and to Daniel Dunn knight doctor of laws, legitimately deputed official of the same Canterbury court of Arches in London and he made and procured to be cited the aforementioned Thomas to appear before the aforementioned official of the alms court of Canterbury of Arches in London abovesaid in the cause of the abovesaid appeal on the part of the same William interposed and although the abovesaid close called Milners Home from all time abovesaid has been exonerated and acquitted from the payment of all and singular tithes of whatsoever kind growing, renewing, or issuing from, in or on the same or any parcel thereof or touching them in any way in the form aboveaid, and although also the matter of the abovesaid exoneration and acquittance by the laws of the land of this realm of England ought to be tried, determined, and discussed in the temporal courts and not in any manner in court Christian,

[Negus’s pleas rejected at appeal]

although also that William often pleaded and alleged all and singular the abovesaid matters above expressed in the abovesaid court Christian before the aforementioned spiritual judge of the alms court of Canterbury of Arches in London abovesaid and offered also to prove those as inevitable truth and by testimony, nevertheless the spiritual judge of the alms court of Canterbury of Arches in London abovesaid did not want to admit that allegation and proof but completely refused, and the abovesaid Thomas tries with all his might and schemes continually again to condemn that William by definitive sentence of that court Christian of and in the premises, in contempt of the said now lord king and the damage, prejudice, impoverishment, and manifest burden of that William and against the law and custom of this realm of England as well as against the form and effect of the said statute. And this that William is ready to verify as the court etc.

[Prohibition sought and granted]

Wherefore that William humbly imploring the aid and munificence of the court of the now lord king here seeks a rapid remedy and the said now king’s writ of prohibition to be directed to the aforementioned spiritual judge of the alms court of Canterbury of Arches in London abovesaid or other competent judge whatsoever in this part in form of law to prohibit them and each of them lest they further hold or any of them hold any plea touching the premises or appendant matter of them in any manner before them or any of them in that court Christian. And it is granted to him etc.

[Depositions to prove Negus’s position]

Afterwards, to wit on Friday November 13 in Michaelmas term then next following before Peter Warburton knight a justice of the Bench of the lord king here comes the abovesaid William Negus by William King his attorney and to verify, testify, and prove more fully that the abovesaid suggestion of that William Negus in the abovesaid form is true he produced four prudent and honest men, viz., John Jaxe, John Kinde cleric, Richard Elkyns, and John Hawes.

(On the cedula:)

which certain John Jaxe, John Kinde, Richard and John Hawes before the aforementioned justice on their oath justly tendered in this matter said and deposed as follows, viz.: [mostly in English]:

The Depositions of Witnesses Sworne and Examined the thirteenth daie of November in the year of the lord 1607 before Sir Peter Warburton knight one of the justices of the kinges maiesties courte of common pleas at Westminster to prove the suggestion of a prohibition wherein William Negus is playntiffe against Thomas Barer clerke defendant.

John Jaxe of Much Stoughton [Great Staughton] in the countie of Hungtington husbandman of the age of fortie three yeres or thereaboutes sworne saith he knoweth one close called Millners Home to be parte or parcell of the glebe land belonging to the rectorie or parsonage of Shelton in the countie of Bedford and is so reputed & taken.

Item the same deponent further saith that he dwelled about thirtie three yeres paste for the space of nyne or tenne yeres with the then incumbent of Shelton and usually gathered and received the proffites and commodyties ryseing and reneweing upon the said Millners Home and that the said close never payed tythe for the space of theis thirty and three yeres but the parson of Shelton or his deputie alwaies received and tooke entyrely and peaceably all the proffittes fruytes and commodyties yssueing arrysing or groweing in or upon the saide close as in his owne proper right and interrest and never heard any question or demaund to the contrarie for the space of theis thirtie three yeres untill nowe of late that one Thomas Barker clarke parson of the parish of Yealding in the said countie of Bedford demaunded tythe for the said close.

John Kinde clark vicar of East Greenewich and chaplaine to the kinges maiestie sworne saith that he hath knowne one close called Millners Home theis thirty six yeres and knoweth it to be parcelle of the glebe land belonging to the rectorie of Shelton in the county of Bedford and is soe reputed and taken, which he knoweth to be true because he went to schoole and was brought upp agreat parte of his tyme at the said rectorie, during all which space of the said thirty and six yeres he had recourse from tyme to tyme unto the saide rectorie (the incumbent that last was being his brother by the mothers side) and that for the space of the saide thirty and six yeres the said close never payed tythe nor ever any came to make chalenge or demand of tythes untill nowe that one Thomas Barker clarke parson of Yealding in the county of Bedford hath sued one William Negus the farmer of the said rectory of Shelton for tythe of the said close, but the incumbent that then was and the incumbent that nowe is ever since for the space of thes thirty six yeres together tooke and received to his and theire owne use and behoof as in right and belonging to the said rectory of Shelton alle proffites commodyties and fruythes increasing arysinge or groweing in or upon the said Millners Home and moreover this deponent saith that he hath heard one George Ridley late parson of Yealding saie that he nor any of the predecessors parsons of Yealding for anything he ever knewe or could learne at any tyme received any tythes or proffittes for or by reason of the said close.

Richard Elkyns of Tilbooke in the countie of Bedford husbandman of the age of fyftie and eight yeres and upwardes doth depose that he knoweth one close called Millners Home well to be parcell of the glebe land belonging to the rectory of Shelton in the countie of Bedford by reason that he dwelt with the parson of Shelton one Maister Morris about forty yeres since or more and saith that the said close hath alwaies byn and is reputed and taken to be parte or parcelle of the glebe land belonging to the rectory or parsonage of Shelton and further saith that never since he knewe yt which hath byn theis fortie yeres and more that the said Millners Home ever payed tythe to any but all the commodyties proffittes and fruytes arrysing groweing or increasing in or upon the said Millners Home was taken and brought home to and for the use of the saide parsons of Shelton or theire deputies which he the said Richard Elkins knoweth to be true for that about fortie yeres since or somewhat more he was household servant unto the said Maister Morris then incumbent or parson of Shelton and did helpe to carrie fetch and bring in the fruytz proffittes and commodyties of the said Millners Home without payeing tythes to any and ever since hath dwelt there or within the myles thereaboutes and hath seene and knowne from tyme to tyme the manner of takeing and receiving of the commodyties and proffittes of the said close called Millners Home and never heard any question to the contrary untill nowe of late that he heareth one Thomas Barker clarke nowe incumbent of Yealding in the said county of Bedford maketh a question or demaund for tythes in the same close.

John Hawes citizen and haberdasher of London now dwelling in the parish of St Andrewes in Holborne about the age of thirty and three yeres sworne saith that he knoweth one close called Millners Home belonging to the rectory or parsonage of Shelton in the county of Bedford by reason that the said John Hawes was brought up seaven or eight yeres at the parsonage of Shelton aforesaid and that the said close is parte or parcelle of the glebe land of the said rectorie or parsonage of Shelton and ever since he could remember was ever soe reputed and taken to be and further saith of his owne knowlege and remembraunce the said close for the space of theis twenty yeres or there aboutes (for soe long he hath knowne yt and is very well able to remember it) did never pay tythe to any but to Maister Berridge the parson of Shelton that then was and he that is since did alwaies receive or theire servantes deputies for theire use and right all the proffittes fruytes and commodyties whatsoever without payeinge of tythes to any for the same nor never did heare any question to the contrary untill nowe that one Thomas Barker clarke incumbent or parson of the parish of Yealding in the countie of Bedford hath commenced suyte for tythes of the said close, all which this deponent knoweth to be true by reason that some twenty yeres since by the space of seaven or eight yeres togeather he was there and did goe too and fro and into the said close and did usually helpe to fetche drive and bring the milch kyne sheepe and other cattell and went with them often that went to fetch the milke (when they did milke in the said close) and other proffittes and fruytes from the said close and since from tyme to tyme sundry tymes hath comme unto Shelton aforesaid and theire lodged and hath gone with them of the house to the said close for his pleasure when he came downe into the country and hath seene thiere auncyent manner and customme of bringing the fruytes and proffittes arrysinge and growing of the said close called Millners Home unto the said rectory or parsonage of Shelton for and to the use of the said parsons of Shelton or their deputies without payeing tythes to any.

Which certain depositions the abovesaid justice afterwards to wit on the same thirteenth day of November delivered her in court to be enrolled of record etc.