case lamprey against rook that Dec if land be in possession of a great  monastery at the dissolution and no evidence of payment of tithe they shall be  consider discharge lib Reg b foe bill for tithe of land in the parish of  Stonar in ken the defendant by her answer insist that the land be part of the  possession of the monastery of saint Austen one of the great monastery and be  discharge of tithe Lord Hardwicke chancellor be clear of opinion that if land  appear to have be part of the possession of any of the great monastery which  be dissolve by stat Henry and there be no evidence of the payment of tithe for  those land at any time court will consider they as discharge by some way or  other before the dissolution in the hand of the abbot c and that it be  sufficient to allege that they be part of the possession c and be at the time  of the dissolution by prescription composition or by other lawful way and mean  discharge from payment of tithe   b archbishop of Canterbury case cro  Elizabeth the follow statement of the fact and plead in this case be take from  the registrar book the bill state that the manor of Stonar and the advowson or  right of patronage and presentation to the rectory and parish of Stonar be  ancient the property ambler er p and part of the possession of the abbot and  convent of the monastery of saint Augustine situate without the wall of  Canterbury have be grant they by king Canute and afterward confirm to they by  William I but that the rectory of Stonar which be coextensive with the say  manor and comprise all the land within the say manor and the tithe belong to  the say rectory which be all the tithe of the land within the say manor and  rectory be always hold separate and distinct from the say manor the same never  have be grant or in any way appropriate to the say abbot and convent and that  the say tithe or some composition in lieu thereof be always receive and enjoy  by the rector of the say parish of Stonar for the time be that the say  monastery be dissolve in the reign of king Henry the that and that the say  manor and advowson of say rectory become vest in the crown and continue so  till Philip mary when it be grant to one Michael crisp and his heir for ever  that during the time the say manor of Stonar and the say right of presentation  belong to the say abbey and convent when and as often as a vacancy occur the  say abbey and convent present a clerk to be rector of the church of the  aforesaid parish of Stonar who be duly institute and induct and enjoy the say  rectory and receive the tithe thereof or some composition in lieu thereof that  the say abbot and convent continue so to present during the whole time they be  in possession of the say manor c and that the crown and its grantee have  continue since from time to time to present thereto and particular in the year  one b white be institute and induct on the presentation of W crisp in who the  right of presentation then be and receive the tithe of the say parish down to  that no ecclesiastical duty or service have be perform except by the plaintiff  within the memory of man in the say parish for want of a church or proper  place of worship that the church which former stand within and belong to the  say parish have be many year before total demolish by a inundation of the sea  no person have be present institute induct to say church since the death of  say b white and that the say rectory continue vacant from his death until the  plaintiff be institute thereto that the proprietor of the say land have since  take the tithe of say land that the presentation to the say rectory have  belong to the person entitle to the say manor and that they to avoid payment  of the tithe have not present any clerk to the say rectory that the same  therefore become lapse to crown by who the plaintiff be duly present in and  duly institute and induct and thereby become entitle to the tithe both great  and small within the say parish that sir rook in purchase the say manor and  all the demesne and other land thereunto belong be all the land and premise  whatever situate within say parish of Stonar and also the advowson and  patronage of the say rectory that the defendant Frances rook be under the say  sir g rook now entitle to all the say lands and the bill then pray a account  of tithe against the defendant in respect of the say land the defendant by her  answer deny that the plaintiff be rector of any parish or place wherein her  land or possession common call Stonar marsh or any other land that she possess  be situate and say she have hear and believe that in the time of Edward two  and Edward III there be a small ville or town by the sea side near to Ramsgate  call east north or Stonar that the same be now in that part of the sea call  Pegwell bay and she believe that the same may have be the manor that the abbot  and convent in the bill be mention to have possess and believe that the say  Ville of east north otherwise Stonar be by several ancient record distinguish  from the say land call Stonar marsh and such land call Stonar marsh be as this  defendant believe in possession of the abbot and convent of saint Augustine  without the wall of Canterbury until the dissolution of the say convent in the  reign of king Henry the that when they come into possession of the crown and  be now belong to the defendant and this defendant insist that the say land so  belong to her be then and do still remain discharge from all tithe nor can it  be find in any account of the possession of the say abbot and convent take at  the time of the dissolution that any mention be make of any parish manor or  rectory of Stonar or any church or chapel of ministry or any stipend for a  minister which this defendant be advice and believe will have be the case have  any such be then in be as there be mention make of a small rectory call Stonar  of pound a year belong to the say abbot and convent and she say that the say  land which she be now possess of in Stonar marsh be former in the possession  of the abbot and convent of ambler er p saint Augustine until the dissolution  of the say monastery in the reign of Henry the that when they come to the  crown and after by grant descent or good fide purchase become vest in this  defendant and defendant therefore insist to hold the say land in the same  manner and with the like privilege immunity discharge and advantage as they  come from the say abbot and convent to the crown at the dissolution of the say  monastery it be one of the great monastery and dissolve by the stat Henry that  and accord to the intent of the royal grant of the say land and this defendant  believe that it appear by a ancient record that the say land now belong to the  defendant be in the manor of minster and be not in the say record mention to  be in the say pretend parish of Stonar and never be tax as belong to any such  parish in a ancient account that have be take of the parish of England believe  that no ecclesiastical person have ever be on any occasion as minister or  incumbent of the say place where the say land and premise belong to this  defendant be situate that any clergyman do perform any one act or duty of his  office within the circuit of the say land the only evidence mention in the l r  to have be read be the crown minister account and Henry that copy of the  institution and induction of several rector of stonard from and copy of the  account of visitation of the archdeacon of Canterbury from and and the  surrender of the possession of the monastery to the crown at the hear the  follow issue be direct whether the land the tithe whereof be demand in this  cause be hold by the abbot and convent of saint Augustine at the time of the  dissolution of the aforesaid abbey and for time whereof memory of man be not  to the contrary discharge and acquit from the payment of tithe the plaintiff  to admit that the land be part of the possession of the say abbey at the time  of the dissolution and that theabbey be one of the great abbey after two trial  and verdict for the defendant the bill be final dismiss with cost both at law  and in equity l r b foe possession by a great monastery at the dissolution h  couple with evidence of a subsequent non decemando be sufficient to constitute  a prima shape case of discharge Donnison v elsley eagle young Clavill v mouth  eagle young matthews v fitch ib Ingram v Hackston ib S c Gwill for if no tithe  have be pay since the stat then it shall be intend that no tithe be pay before  priddle v napper eagle young Slade v drake ib see archbishop of York v  Stapleton eagle young and it be not necessary to show possession of the land  by the monastery at the time of memory Donnison v elsley eagle young see  however Markham v smith eagle young that a general allegation of discharge be  sufficient in a answer see Nash v Mollins eagle young green v Balser ib button  v long Slade v drake ib page case ib collard v Newton hanking v gay ib  matthews v fitch eagle young see Harkham v smith eagle young and see the  parson of Peykirks case eagle young and the vice chancellor sir I leech also  hold that such a general allegation be sufficient in a bill to establish a  exemption cook v butt eagle young